[04] The issuance by FHWA of an interim approval might result in the traffic control device or application being proposed for adoption in the next scheduled rulemaking process to issue a new edition or revision of this Manual. If the device or application under interim approval is not proposed in the next rulemaking for a new edition or revision, then a statement of the status of the interim approval, whether it is to be rescinded or remain in effect, will be included in the Federal Register notice for the rulemaking.
[05] Interim approval is considered based on the results of experimentation, and/or results of analytical or laboratory studies with a traffic control device or application that analytically demonstrates a device effectively communicates its intended meaning. Interim approval considerations include an assessment of relative risks, benefits, costs, impacts, and other factors.
[06] Section 1B.08 contains information on submitting a request for interim approval.
[07] Interim approval is ordinarily considered only after published authoritative research and experimentation sufficiently demonstrate that the device or application provides a significant safety or operational improvement. Individual experiments by various jurisdictions, without a research report on the overall findings of the experimental device or application, will not ordinarily qualify for issuance of an interim approval.
[08] Interim approval ordinarily is not considered based solely on non-U.S. experience with a new traffic control device or application. Differences in regulations, enforcement and penalties, and driver licensing requirements, among other factors, can result in dissimilar road-user behavior. Additionally, due to variations in conventions for traffic control device design, a non-U.S. traffic control device concept might need to be adapted to U.S. criteria to ensure consistency with the provisions and principles of this Manual. However, documented non-U.S. experience can be considered in the development of requests for experimentation (see Section 1B.05) and within the evaluation plan for traffic control device research.
Standard:
[09] A jurisdiction, toll facility operator, or owner of a site roadway open to public travel that desires to use a traffic control device or application for which FHWA has issued an interim approval shall request and receive permission from FHWA in writing prior to applying the device or application.
[10] The request to place a traffic control device or application under an existing interim approval shall contain the following:
- A. A description of where the device or application will be used, such as a list of specific locations or highway segments or types of situations, or a statement of the intent to use the device or application jurisdiction-wide;
- B. An agreement to abide by the specific conditions for use of the device or application as contained in the FHWA’s interim approval memorandum;
- C. An agreement to maintain and continually update a list of locations where the device or application has been installed; and
- D. An agreement to:
- 1. Restore the site(s) of the interim approval to a condition that complies with the provisions in this Manual within 3 months following the issuance of a final rule on this traffic control device or application; and
- 2. Terminate use of the device or application installed under the interim approval at any time that it determines that safety concerns are directly or indirectly attributable to the device or application. The FHWA’s Office of Transportation Operations shall have the right to terminate the interim approval at any time if there is an indication of safety, operational, or other concerns.
Option:
[11] A State may submit a request for permission to use a device or application under an existing interim approval for all jurisdictions in that State, as long as the request contains the information required in Paragraph 9 of this Section.
Standard:
[12] A jurisdiction, toll facility operator, or owner of a site roadway open to public travel that elects to use a device or application under a statewide interim approval shall inform the State of its use of the device or application.
[13] Under a statewide interim approval, the respective jurisdictions, toll facility operators, and owners of site roadways open to public travel shall maintain and continually update a record of all locations on their roads where the device or application is implemented (see Item C of Paragraph 9 of this Section) and shall furnish this information to the State.
