1. Update on AASHTO’s Comments Jim McDonnell, P.E. AASHTO
Supplemental Notice of Proposed Rule Making on Work Zone Safety and Mobility
Update on AASHTO’s Comments
Jim McDonnell, P.E.
AASHTO

2. Original NPRM Released in Summer 2003
State DOTs had significant concerns, including:
flexibility in the development of work zone policies and procedures
scalability of those policies and procedures to a wide range of projects
potential for litigation
cost and time commitments potentially required

3. AASHTO’s response to the NPRM
AASHTO submitted significant comments
Requested another chance to review a draft rule, through the release of a “supplemental” NPRM
Supplemental rule released in mid-May 2004 for a 30-day comment period
Ad-hoc task force that developed original comments reviewed and commented on the supplemental

4. Supplemental NPRM
Supplemental rule accommodated a vast majority of AASHTO’s comments
Gave back to the states the ability to make decisions based on their own policies and engineering judgment
Still a few minor points that need to be clarified, on which AASHTO will comment

5. Concerns with Supplemental Rule
Biggest concern involves project “significance”
Determination leads to varying degrees of work and documentation related to the work zone impacts
For most projects, significance is determined based on sustained impacts that are anticipated to be greater than that considered tolerable based on agency policy or engineering judgment
For Interstates, however, any work zone with lane closures for more than 3 days would be considered “significant”

6. Other Concerns A few remaining inconsistencies
Requirements for specific participants in various procedures
A few “shall” statements
Some confusion regarding the requirement that “preexisting roadside safety features be maintained” during construction
“Cooperation” or “coordination” used where “consultation” would be preferred

7. Next Steps
Draft version of AASHTO’s response was sent to the Chief Engineers yesterday
AASHTO encourages all states to submit comments, either by supporting AASHTO’s position, expanding on AASHTO’s comments, or submitting comments of their own
Responses are due Monday, June 14