On September 20, 2023, the Federal Highway Administration (FHWA) released a proposal to further address mobility impacts near work zones and manage work zone safety near roads.

On September 20, the Federal Highway Administration (FHWA) released a proposal to amend 23 CFR part 630 Subpart J and Subpart K, which are designed to address mobility impacts near work zones and manage work zone safety near roads. The proposed revisions represent the first changes since 2004, the last time these rules were modified.

The proposed revisions and additions include changes to various definitions to clarify any misinterpretation that might have been responsible for the uneven adoption and implementation of the rules. In addition, FHWA has proposed to reframe the requirement for bi-annual work zone process reviews to work zone programmatic reviews performed every five years. Alongside the change in frequency, the reframing would encourage a more data driven and holistic analysis that uses data from various sources to assess the safety of work zones and identify areas of improvement for an agency.

The Bipartisan Infrastructure Law contains directives for changes to the rules as well. One example of such a directive is on what specifically constitutes a “significant project.” The proposed rules would alter the current requirements to state that “projects on the Interstate System within the boundary of a designated Transportation Management Area (TMA) that require intermittent or continuous lane closures for 3 or more consecutive days shall be considered significant projects.”

As work zones experience a sharp and concerning rise in fatalities, AGC has been working diligently alongside members to reduce fatalities on the job by educating the public and partnering with government agencies. As part of those efforts, AGC will be soliciting feedback from members and submitting comments to the FHWA on the proposed rules.

If you have any questions or would like to share your feedback on the proposed rules, please contact Deniz Mustafa at [email protected].