Standard:
[10] The request for permission to experiment shall contain the following:
- A. A statement indicating the nature of the problem and a hypothesis establishing the premise of the experiment.
- B. A description of the proposed change to the traffic control device or application of the traffic control device, including the manner in which it deviates from the provisions of this Manual, and how it is expected to be an improvement over existing provisions.
- C. Illustrations that would help to explain the traffic control device or use of the traffic control device.
- D. Any supporting data explaining how the traffic control device was developed, including if it has been tested, in what ways it was found to be adequate or inadequate, and how this choice of device or application was derived.
- E. Comparison of the proposed device to other compliant devices or treatments, either individually or in combination, that address the same condition, if applicable.
- F. A legally-binding statement that the experimental device or application is in the public domain, in accordance with Paragraph 16 of this Section.
- G. The time period and location(s) of the experiment.
- H. Control sites for comparison purposes or justification for not using control sites.
- I. A detailed research and evaluation plan that provides for close monitoring of the experimentation, throughout all stages of its field implementation. The evaluation plan shall include an appropriate evaluation methodology, such as before and after analysis, or other appropriate methodology as well as quantitative data describing the performance of the experimental device.
- J. An agreement to provide semi-annual progress reports for the duration of the experimentation, in accordance with the schedule provided in Paragraph 12 of this Section, and an agreement to provide a report of the final results of the experimentation to the FHWA’s Office of Transportation Operations within 3 months following completion of the experimentation (see Paragraph 14 of this Section). The FHWA’s Office of Transportation Operations shall have the right to terminate approval of an agency’s experiment if reports are not received in accordance with this schedule.
- K. An agreement to restore the site of the experiment to a condition that complies with the provisions of this Manual within 3 months following the end of the time period of the experiment. This agreement shall also provide that the agency sponsoring the experimentation will terminate the experimentation at any time that it determines that safety concerns are directly or indirectly attributable to the experimentation and the agency shall provide timely notification to the FHWA’s Office of Transportation Operations. The FHWA’s Office of Transportation Operations shall have the right to terminate approval of the experimentation at any time if there is an indication of safety or operational concerns, or if the terms of the approval are not being adhered to. If, as a result of the experimentation, a request is made that this Manual be changed to include the device or application being experimented with, the FHWA’s Office of Transportation Operations will determine whether the device or application can be permitted to remain in place until an official rulemaking action has occurred.
[11] Where an item in Paragraph 10 of this Section is determined to not be applicable to the type of experiment, device, or application, the request shall provide sufficient explanation.
[12] The required semi-annual progress reports shall be submitted throughout the course of an approved experiment in accordance with the following schedule:
- A. No later than August 1st for the preceding period of January through June; and
- B. No later than February 1st for the preceding period of July through December.
[13] The experimenting agency shall submit a semi-annual progress report for any approved experiment even if no work was performed during the previous reporting period. Failure to submit two consecutive progress reports shall result in termination of the experiment and shall constitute rescission of the FHWA’s approval to the experimenting agency, requiring restoration of the site(s) to a condition that complies with the provisions of this Manual within 3 months.
[14] The experimenting agency shall submit a final report within 3 months of the conclusion of an approved experiment. If a final report is not received by the FHWA’s Office of Transportation Operations, and the experimenting agency fails to notify the FHWA of any mitigating circumstances within 6 months of the end of the approved experimentation period, then the experiment shall be considered terminated and shall constitute rescission of the FHWA’s approval to the experimenting agency, requiring restoration of the site(s) to a condition that complies with the provisions of this Manual within 3 months.
