[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR973.212]

[Page 440-441]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 973_MANAGEMENT SYSTEMS PERTAINING TO THE BUREAU OF INDIAN 
AFFAIRS AND THE INDIAN RESERVATION ROADS PROGRAM--Table of Contents
 
          Subpart B_Bureau of Indian Affairs Management Systems
 
Sec. 973.212  Indian lands safety management system (SMS).

    In addition to the requirements provided in Sec. 973.204, the SMS 
must meet the following requirements:
    (a) The BIA shall have a nationwide SMS for all federally and 
tribally owned IRR and public transit facilities included in the IRR 
inventory.
    (b) Where a tribe collects data for the tribe's SMS, the tribe shall 
provide the data to the BIA to be used in the nationwide SMS.

[[Page 441]]

    (c) The nationwide and tribal SMS may be based on the guidance in 
``Safety Management Systems: Good Practices for Development and 
Implementation.'' \3\
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    \3\ ``Safety Management Systems: Good Practices for Development and 
Implementation,'' FHWA and NHTSA, May 1996, may be obtained at the FHWA, 
Office of Safety, Room 3407, 400 Seventh St., SW., Washington, DC 20590, 
or electronically at http://safety.fhwa.dot.gov/media/documents.htm. It 
is available for inspection and copying as prescribed at 49 CFR part 7.
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    (d) The BIA and ITGs shall utilize the SMSs to ensure that safety is 
considered and implemented as appropriate in all phases of 
transportation system planning, design, construction, maintenance, and 
operations.
    (e) The nationwide and tribal SMSs may be utilized at various levels 
of complexity depending on the nature of the IRR facility involved.
    (f) An SMS shall be designed to fit the BIA's or ITG's goals, 
policies, criteria, and needs using, as a minimum, the following 
components as a basic framework for an SMS:
    (1) A database and an ongoing program for the collection and 
maintenance of the inventory, inspection, cost, and supplemental data 
needed to support the SMS. The minimum SMS database shall include:
    (i) Accident records;
    (ii) An inventory of safety hardware including signs, guardrails, 
and lighting appurtenances (including terminals); and
    (iii) Traffic information including volume and vehicle 
classification (as appropriate).
    (2) Development, establishment and implementation of procedures for:
    (i) Routinely maintaining and upgrading safety appurtenances 
including highway-rail crossing warning devices, signs, highway 
elements, and operational features where appropriate;
    (ii) Routinely maintaining and upgrading safety features of transit 
facilities;
    (iii) Identifying and investigating hazardous or potentially 
hazardous transportation system safety problems, roadway locations and 
features; and
    (iv) Establishing countermeasures and setting priorities to correct 
the identified hazards and potential hazards.
    (3) A process for communication, coordination, and cooperation among 
the organizations responsible for the roadway, human, and vehicle safety 
elements;
    (4) Development and implementation of public information and 
education activities on safety needs, programs, and countermeasures 
which affect safety on the BIA's and ITG's transportation systems; and
    (5) Identification of skills, resources and training needs to 
implement safety programs for highway and transit facilities and the 
development of a program to carry out necessary training.
    (g) While the SMS applies to all federally and tribally owned IRRs 
in the IRR inventory, the extent of system requirements (e.g., data 
collection, analyses, and standards) for low volume roads may be 
tailored to be consistent with the functional classification of the 
roads. However, adequate requirements should be included for each BIA 
functional classification to provide for effective inclusion of safety 
decisions in the administration of transportation by the BIA and ITGs.
    (h) For any transportation facilities in the IRR inventory or subset 
thereof, SMS reporting requirements shall include, but are not limited 
to, the following:
    (1) Accident types such as right-angle, rear-end, left turn, head-
on, sideswipe, pedestrian-related, run-off-road, fixed object, and 
parked vehicle;
    (2) Accident severity per year measured as number of accidents with 
fatalities, injuries, and property damage only; and
    (3) Accident rates measured as number of accidents (fatalities, 
injuries, and property damage only) per 100 million vehicle miles of 
travel, number of accidents (fatalities, injuries, and property damage 
only) per 1000 vehicles, or number of accidents (fatalities, injuries, 
and property damage only) per mile.