Professional Documents
Culture Documents
650
A vertical clearance of 7.1 meters above 2.5 meters may be approved if designed for
the top of rails, which includes an allowance off-track equipment only.
for future ballasting of the railroad tracks, [53 FR 32218, Aug. 24, 1988, as amended at 62
may be approved. Vertical clearance greater FR 45328, Aug. 27, 1997]
than 7.1 meters may be approved when the
State regulatory agency having jurisdiction
over such matters requires a vertical clear- PART 650—BRIDGES, STRUCTURES,
ance in excess of 7.1 meters or on a site by AND HYDRAULICS
site basis where justified by the railroad to
the satisfaction of the SHA and the FHWA. A Subpart A—Location and Hydraulic Design
railroad’s justification for increased vertical of Encroachments on Flood Plains
clearance should be based on an analysis of
engineering, operational and/or economic Sec.
conditions at a specific structure location. 650.101 Purpose.
Federal-aid highway funds are also eligible 650.103 Policy.
to participate in the cost of providing 650.105 Definitions.
vertical clearance greater than 7.1 meters 650.107 Applicability.
where a railroad establishes to the satisfac- 650.109 Public involvement.
tion of a SHA and the FHWA that it has a 650.111 Location hydraulic studies.
definite formal plan for electrification of its 650.113 Only practicable alternative finding.
rail system where the proposed grade separa- 650.115 Design standards.
tion project is located. The plan must cover 650.117 Content of design studies.
a logical independent segment of the rail
system and be approved by the railroad’s Subpart B—Erosion and Sediment Control
corporate headquarters. For 25 kv line, a on Highway Construction Projects
vertical clearance of 7.4 meters may be ap-
proved. For 50 kv line, a vertical clearance of 650.201 Purpose.
8.0 meters may be approved. 650.203 Policy.
650.205 Definitions.
A railroad’s justification to support its
650.207 Plans, specifications, and estimates.
plan for electrification shall include maps 650.209 Construction.
and plans or drawings showing those lines to 650.211 Guidelines.
be electrified; actions taken by its corporate
headquarters committing it to electrifica- Subpart C—National Bridge Inspection
tion including a proposed schedule; and ac-
Standards
tions initiated or completed to date imple-
menting its electrification plan such as a 650.301 Purpose.
showing of the amounts of funds and identi- 650.303 Applicability.
fication of structures, if any, where the rail- 650.305 Definitions.
road has expended its own funds to provide 650.307 Bridge inspection organization.
added clearance for the proposed electrifica- 650.309 Qualifications of personnel.
tion. If available, the railroad’s justification 650.311 Inspection frequency.
should include information on its con- 650.313 Inspection procedures.
templated treatment of existing grade sepa- 650.315 Inventory.
rations along the section of its rail system 650.317 Reference manuals.
proposed for electrification.
The cost of reconstructing or modifying Subpart D—Highway Bridge Replacement
any existing railroad-highway grade separa- and Rehabilitation Program
tion structures solely to accommodate elec-
trification will not be eligible for Federal-aid 650.401 Purpose.
highway fund participation. 650.403 Definition of terms.
650.405 Eligible projects.
c. Railroad Structure Width
650.407 Application for bridge replacement
Two and eight tenths meters of structure
or rehabilitation.
width outside of the centerline of the outside 650.409 Evaluation of bridge inventory.
tracks may be approved for a structure car- 650.411 Procedures for bridge replacement
rying railroad tracks. Greater structure and rehabilitation projects.
width may be approved when in accordance 650.413 Funding.
with standards established and used by the 650.415 Reports.
affected railroad in its normal practice.
In order to maintain continuity of off- Subparts E–F [Reserved]
track equipment roadways at structures car-
rying tracks over limited access highways, Subpart G—Discretionary Bridge
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§ 650.101 23 CFR Ch. I (4–1–11 Edition)
650.705 Application for discretionary bridge (g) To be consistent with the intent
funds. of the Standards and Criteria of the
650.707 Rating factor. National Flood Insurance Program,
650.709 Special considerations. where appropriate, and
(h) To incorporate ‘‘A Unified Na-
Subpart H—Navigational Clearances for
tional Program for Floodplain Manage-
Bridges
ment’’ of the Water Resources Council
650.801 Purpose. into FHWA procedures.
650.803 Policy.
650.805 Bridges not requiring a USCG per- § 650.105 Definitions.
mit. (a) Action shall mean any highway
650.807 Bridges requiring a USCG permit.
construction, reconstruction, rehabili-
650.809 Movable span bridges.
tation, repair, or improvement under-
AUTHORITY: 23 U.S.C. 109(a) and (h), 144, 151, taken with Federal or Federal-aid
315, and 319; 33 U.S.C. 401, 491 et seq.; 511 et highway funds or FHWA approval.
seq.; sec. 4(b) of Pub. L. 97–134, 95 Stat. 1699 (b) Base flood shall mean the flood or
(1981); sec. 161 of Pub. L. 97–424, 96 Stat. 2097,
tide having a 1-percent chance of being
at 3135 (1983); sec. 1311 of Pub. L. 105–178, as
added by Pub. L. 105–206, 112 Stat. 842 (1998); exceeded in any given year.
23 CFR 1.32; 49 CFR 1.48(b); E.O. 11988 (3 CFR, (c) Base flood plain shall mean the
1977 Comp., p. 117); Department of Transpor- area subject to flooding by the base
tation Order 5650.2, dated April 23, 1979 (44 flood.
FR 24678). (d) Design Flood shall mean the peak
discharge, volume if appropriate, stage
Subpart A—Location and Hydrau- or wave crest elevation of the flood as-
lic Design of Encroachments sociated with the probability of exceed-
on Flood Plains ance selected for the design of a high-
way encroachment. By definition, the
highway will not be inundated from the
SOURCE: 44 FR 67580, Nov. 26, 1979, unless stage of the design flood.
otherwise noted.
(e) Encroachment shall mean an ac-
§ 650.101 Purpose. tion within the limits of the base flood
plain.
To prescribe Federal Highway Ad- (f) Floodproof shall mean to design
ministration (FHWA) policies and pro- and construct individual buildings, fa-
cedures for the location and hydraulic cilities, and their sites to protect
design of highway encroachments on against structural failure, to keep
flood plains, including direct Federal water out or to reduce the effects of
highway projects administered by the water entry.
FHWA. (g) Freeboard shall mean the vertical
clearance of the lowest structural
§ 650.103 Policy.
member of the bridge superstructure
It is the policy of the FHWA: above the water surface elevation of
(a) To encourage a broad and unified the overtopping flood.
effort to prevent uneconomic, haz- (h) Minimize shall mean to reduce to
ardous or incompatible use and devel- the smallest practicable amount or de-
opment of the Nation’s flood plains, gree.
(b) To avoid longitudinal encroach- (i) Natural and beneficial flood-plain
ments, where practicable, values shall include but are not limited
(c) To avoid significant encroach- to fish, wildlife, plants, open space,
ments, where practicable, natural beauty, scientific study, out-
(d) To minimize impacts of highway door recreation, agriculture, aqua-
agency actions which adversely affect culture, forestry, natural moderation
base flood plains, of floods, water quality maintenance,
(e) To restore and preserve the nat- and groundwater recharge.
ural and beneficial flood-plain values (j) Overtopping flood shall mean the
that are adversely impacted by high- flood described by the probability of
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Federal Highway Administration, DOT § 650.111
(1) A significant potential for inter- mensurate with the significance of the
ruption or termination of a transpor- risk or environmental impact, for all
tation facility which is needed for alternatives containing encroachments
259
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§ 650.113 23 CFR Ch. I (4–1–11 Edition)
and for those actions which would sup- § 650.115 Design standards.
port base flood-plain development: (a) The design selected for an en-
(1) The risks associated with imple- croachment shall be supported by anal-
mentation of the action, yses of design alternatives with consid-
(2) The impacts on natural and bene- eration given to capital costs and
ficial flood-plain values, risks, and to other economic, engineer-
(3) The support of probable incompat- ing, social and environmental con-
ible flood-plain development, cerns.
(4) The measures to minimize flood- (1) Consideration of capital costs and
plain impacts associated with the ac- risks shall include, as appropriate, a
tion, and risk analysis or assessment which in-
(5) The measures to restore and pre- cludes:
serve the natural and beneficial flood- (i) The overtopping flood or the base
plain values impacted by the action. flood, whichever is greater, or
(d) Location studies shall include (ii) The greatest flood which must
evaluation and discussion of the prac- flow through the highway drainage
ticability of alternatives to any signifi- structure(s), where overtopping is not
cant encroachments or any support of practicable. The greatest flood used in
the analysis is subject to state-of-the-
incompatible flood-plain development.
art capability to estimate the exceed-
(e) The studies required by § 650.111 ance probability.
(c) and (d) shall be summarized in envi- (2) The design flood for encroach-
ronmental review documents prepared ments by through lanes of Interstate
pursuant to 23 CFR part 771. highways shall not be less than the
(f) Local, State, and Federal water flood with a 2-percent chance of being
resources and flood-plain management exceeded in any given year. No min-
agencies should be consulted to deter- imum design flood is specified for
mine if the proposed highway action is Interstate highway ramps and frontage
consistent with existing watershed and roads or for other highways.
flood-plain management programs and (3) Freeboard shall be provided,
to obtain current information on devel- where practicable, to protect bridge
opment and proposed actions in the af- structures from debris- and scour-re-
fected watersheds. lated failure.
(4) The effect of existing flood con-
§ 650.113 Only practicable alternative trol channels, levees, and reservoirs
finding. shall be considered in estimating the
(a) A proposed action which includes peak discharge and stage for all floods
a significant encroachment shall not be considered in the design.
approved unless the FHWA finds that (5) The design of encroachments shall
the proposed significant encroachment be consistent with standards estab-
is the only practicable alternative. lished by the FEMA, State, and local
This finding shall be included in the governmental agencies for the adminis-
final environmental document (final tration of the National Flood Insur-
environmental impact statement or ance Program for:
finding of no significant impact) and (i) All direct Federal highway ac-
shall be supported by the following in- tions, unless the standards are demon-
formation: strably inappropriate, and
(1) The reasons why the proposed ac- (ii) Federal-aid highway actions
tion must be located in the flood plain, where a regulatory floodway has been
(2) The alternatives considered and designated or where studies are under-
why they were not practicable, and way to establish a regulatory floodway.
(b) Rest area buildings and related
(3) A statement indicating whether
water supply and waste treatment fa-
the action conforms to applicable
cilities shall be located outside the
State or local flood-plain protection
base flood plain, where practicable.
standards.
Rest area buildings which are located
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Federal Highway Administration, DOT § 650.207
261
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§ 650.209 23 CFR Ch. I (4–1–11 Edition)
tation Officials offices at Suite 225, 444 North and copying as prescribed by 49 CFR part 7,
Capitol Street, NW., Washington, DC 20001. appendix D.
262
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Federal Highway Administration, DOT § 650.305
1 The National Highway Institute training Load rating. The determination of the
may be found at the following URL: http:// live load carrying capacity of a bridge
www.nhi.fhwa.dot.gov./ using bridge plans and supplemented
263
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§ 650.307 23 CFR Ch. I (4–1–11 Edition)
determine the physical and functional spected, all highway bridges located on
condition of the bridge, to identify any public roads that are fully or partially
changes from initial or previously re- located within the State’s boundaries,
264
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Federal Highway Administration, DOT § 650.311
except for bridges that are owned by (NICET) and have successfully com-
Federal agencies. pleted an FHWA approved comprehen-
(b) Federal agencies must inspect, or sive bridge inspection training course,
cause to be inspected, all highway or
bridges located on public roads that are (4) Have all of the following:
fully or partially located within the re- (i) A bachelor’s degree in engineering
spective agency responsibility or juris- from a college or university accredited
diction. by or determined as substantially
(c) Each State transportation depart- equivalent by the Accreditation Board
ment or Federal agency must include a for Engineering and Technology;
bridge inspection organization that is (ii) Successfully passed the National
responsible for the following:
Council of Examiners for Engineering
(1) Statewide or Federal agencywide
and Surveying Fundamentals of Engi-
bridge inspection policies and proce-
neering examination;
dures, quality assurance and quality
control, and preparation and mainte- (iii) Two years of bridge inspection
nance of a bridge inventory. experience; and
(2) Bridge inspections, reports, load (iv) Successfully completed an FHWA
ratings and other requirements of approved comprehensive bridge inspec-
these standards. tion training course, or
(d) Functions identified in para- (5) Have all of the following:
graphs (c)(1) and (2) of this section may (i) An associate’s degree in engineer-
be delegated, but such delegation does ing or engineering technology from a
not relieve the State transportation college or university accredited by or
department or Federal agency of any of determined as substantially equivalent
its responsibilities under this subpart. by the Accreditation Board for Engi-
(e) The State transportation depart- neering and Technology;
ment or Federal agency bridge inspec- (ii) Four years of bridge inspection
tion organization must have a program experience; and
manager with the qualifications de- (iii) Successfully completed an
fined in § 650.309(a), who has been dele- FHWA approved comprehensive bridge
gated responsibility for paragraphs inspection training course.
(c)(1) and (2) of this section. (c) The individual charged with the
overall responsibility for load rating
§ 650.309 Qualifications of personnel.
bridges must be a registered profes-
(a) A program manager must, at a sional engineer.
minimum: (d) An underwater bridge inspection
(1) Be a registered professional engi- diver must complete an FHWA ap-
neer, or have ten years bridge inspec- proved comprehensive bridge inspec-
tion experience; and tion training course or other FHWA ap-
(2) Successfully complete a Federal proved underwater diver bridge inspec-
Highway Administration (FHWA) ap- tion training course.
proved comprehensive bridge inspec-
tion training course. § 650.311 Inspection frequency.
(b) There are five ways to qualify as
a team leader. A team leader must, at (a) Routine inspections. (1) Inspect
a minimum: each bridge at regular intervals not to
(1) Have the qualifications specified exceed twenty-four months.
in paragraph (a) of this section; or (2) Certain bridges require inspection
(2) Have five years bridge inspection at less than twenty-four-month inter-
experience and have successfully com- vals. Establish criteria to determine
pleted an FHWA approved comprehen- the level and frequency to which these
sive bridge inspection training course; bridges are inspected considering such
or factors as age, traffic characteristics,
(3) Be certified as a Level III or IV and known deficiencies.
Bridge Safety Inspector under the Na- (3) Certain bridges may be inspected
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§ 650.313 23 CFR Ch. I (4–1–11 Edition)
This may be appropriate when past in- routine permit loads exceed that al-
spection findings and analysis justifies lowed under the operating rating or
the increased inspection interval. equivalent rating factor.
(b) Underwater inspections. (1) Inspect (d) Prepare bridge files as described
underwater structural elements at reg- in the AASHTO Manual (incorporated
ular intervals not to exceed sixty by reference, see § 650.317). Maintain re-
months. ports on the results of bridge inspec-
(2) Certain underwater structural ele- tions together with notations of any
ments require inspection at less than action taken to address the findings of
sixty-month intervals. Establish cri- such inspections. Maintain relevant
teria to determine the level and fre- maintenance and inspection data to
quency to which these members are in- allow assessment of current bridge con-
spected considering such factors as dition. Record the findings and results
construction material, environment, of bridge inspections on standard State
age, scour characteristics, condition or Federal agency forms.
rating from past inspections and (e) Identify bridges with FCMs,
known deficiencies. bridges requiring underwater inspec-
(3) Certain underwater structural ele- tion, and bridges that are scour crit-
ments may be inspected at greater ical.
than sixty-month intervals, not to ex- (1) Bridges with fracture critical
ceed seventy-two months, with written members. In the inspection records,
FHWA approval. This may be appro- identify the location of FCMs and de-
priate when past inspection findings scribe the FCM inspection frequency
and analysis justifies the increased in- and procedures. Inspect FCMs accord-
spection interval. ing to these procedures.
(c) Fracture critical member (FCM) in- (2) Bridges requiring underwater in-
spections. (1) Inspect FCMs at intervals spections. Identify the location of un-
not to exceed twenty-four months. derwater elements and include a de-
(2) Certain FCMs require inspection scription of the underwater elements,
at less than twenty-four-month inter- the inspection frequency and the proce-
vals. Establish criteria to determine dures in the inspection records for each
the level and frequency to which these bridge requiring underwater inspec-
members are inspected considering tion. Inspect those elements requiring
such factors as age, traffic characteris- underwater inspections according to
tics, and known deficiencies. these procedures.
(d) Damage, in-depth, and special in- (3) Bridges that are scour critical.
spections. Establish criteria to deter- Prepare a plan of action to monitor
mine the level and frequency of these known and potential deficiencies and
inspections. to address critical findings. Monitor
bridges that are scour critical in ac-
§ 650.313 Inspection procedures. cordance with the plan.
(a) Inspect each bridge in accordance (f) Complex bridges. Identify special-
with the inspection procedures in the ized inspection procedures, and addi-
AASHTO Manual (incorporated by ref- tional inspector training and experi-
erence, see § 650.317). ence required to inspect complex
(b) Provide at least one team leader, bridges. Inspect complex bridges ac-
who meets the minimum qualifications cording to those procedures.
stated in § 650.309, at the bridge at all (g) Quality control and quality assur-
times during each initial, routine, in- ance. Assure systematic quality con-
depth, fracture critical member and trol (QC) and quality assurance (QA)
underwater inspection. procedures are used to maintain a high
(c) Rate each bridge as to its safe degree of accuracy and consistency in
load-carrying capacity in accordance the inspection program. Include peri-
with the AASHTO Manual (incor- odic field review of inspection teams,
porated by reference, see § 650.317). Post periodic bridge inspection refresher
or restrict the bridge in accordance training for program managers and
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with the AASHTO Manual or in accord- team leaders, and independent review
ance with State law, when the max- of inspection reports and computa-
imum unrestricted legal loads or State tions.
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Federal Highway Administration, DOT § 650.401
(a) The materials listed in this sub- Bridge Replacement and Rehabilita-
part are incorporated by reference in tion Program in accordance with 23
the corresponding sections noted. U.S.C. 144.
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§ 650.403 23 CFR Ch. I (4–1–11 Edition)
necessary to correct major safety de- receipt and evaluation of the bridge in-
fects are eligible except as noted under ventory, a sufficiency rating will be as-
ineligible work. Bridges to be rehabili- signed to each bridge by the Secretary
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Federal Highway Administration, DOT § 650.415
in accordance with the approved the deficient bridge shall either be dis-
AASHTO 1 sufficiency rating formula. mantled or demolished or its use lim-
The sufficiency rating will be used as a ited to the type and volume of traffic
basis for establishing eligibility and the structure can safely service over
priority for replacement or rehabilita- its remaining life. For example, if the
tion of bridges; in general the lower the only deficiency of the existing struc-
rating, the higher the priority. ture is inadequate roadway width and
(b) Selection of bridges for inclusion in the combination of the new and exist-
State program. After evaluation of the ing structure can be made to meet cur-
inventory and assignment of suffi- rent standards for the volume of traffic
ciency ratings, the Secretary will pro- the facility will carry over its design
vide the State with a selection list of life, the existing bridge may remain in
bridges within the State that are eligi- place and be incorporated into the sys-
ble for the bridge program. From that tem.
list or from previously furnished selec-
[44 FR 15665, Mar. 15, 1979, as amended at 44
tion lists, the State may select bridge
FR 72112, Dec. 13, 1979]
projects.
§ 650.413 Funding.
§ 650.411 Procedures for bridge re-
placement and rehabilitation (a) Funds authorized for carrying out
projects. the Highway Bridge Replacement and
(a) Consideration shall be given to Rehabilitation Program are available
projects which will remove from serv- for obligation at the beginning of the
ice highway bridges most in danger of fiscal year for which authorized and re-
failure. main available for expenditure for the
(b) Submission and approval of projects. same period as funds apportioned for
(1) Bridge replacement or rehabilita- projects on the Federal-aid primary
tion projects shall be submitted by the system.
State to the Secretary in accordance (b) The Federal share payable on ac-
with 23 CFR part 630, subpart A Fed- count of any project carried out under
eral-Aid Programs, Approval and Au- 23 U.S.C. 144 shall be 80 percent of the
thorization. eligible cost.
(2) Funds apportioned to a State (c) Not less than 15 percent nor more
shall be made available throughout than 35 percent of the apportioned
each State on a fair and equitable funds shall be expended for projects lo-
basis. cated on public roads, other than those
(c)(1) Each approved project will be on a Federal-aid system. The Secretary
designed, constructed, and inspected after consultation with State and local
for acceptance in the same manner as officials may, with respect to a State,
other projects on the system on which reduce the requirement for expenditure
the project is located. It shall be the for bridges not on a Federal-aid system
responsibility of the State agency to when he determines that such State
properly maintain, or cause to be prop- has inadequate needs to justify such
erly maintained, any project con- expenditure.
structed under this bridge program.
The State highway agency shall enter § 650.415 Reports.
into a formal agreement for mainte- The Secretary must report annually
nance with appropriate local govern- to the Congress on projects approved
ment officials in cases where an eligi- and current inventories together with
ble project is located within and is recommendations for further improve-
under the legal authority of such a ments.
local government.
(2) Whenever a deficient bridge is re- Subparts E–F [Reserved]
placed or its deficiency alleviated by a
new bridge under the bridge program,
Subpart G—Discretionary Bridge
Candidate Rating Factor
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§ 650.701 23 CFR Ch. I (4–1–11 Edition)
The lower the rating factor, the higher The ADTT should be the annual aver-
the priority for selection and funding. age volume, not peak or seasonal;
(b) The terms in the rating factor are (4) N is National Highway System
defined as follows: Status. N=1 if not on the National
(1) SR is Sufficiency Rating com- Highway System. N=1.5 if bridge car-
puted as illustrated in appendix A of ries a National Highway System road;
the Recording and Coding Guide for the (5) The last term of the rating factor
Structure Inventory and Appraisal of expression includes the State’s unobli-
the Nation’s Bridges, USDOT/FHWA gated balance of funds received under
(latest edition); (If SR is less than 1.0, 23 U.S.C. 144 as of June 30 preceding the
use SR=1.0); date of calculation, and the total funds
(2) ADT is Average Daily Traffic in received under 23 U.S.C. 144 for the last
thousands taking the most current
four fiscal years ending with the most
value from the national bridge inven-
recent fiscal year of the FHWA’s an-
tory data;
nual call for discretionary bridge can-
(3) ADTT is Average Daily Truck
Traffic in thousands (Pick up trucks didate submittals; (if unobligated
and light delivery trucks not included). HBRRP balance is less than $10 mil-
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For load posted bridges, the ADTT fur- lion, use zero balance);
nished should be that which would use (6) TPC is Total Project Cost in mil-
the bridge if traffic were not restricted. lions of dollars;
270
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Federal Highway Administration, DOT § 650.805
(7) HBRRP is Highway Bridge Re- discretionary bridge funds which will
placement and Rehabilitation Pro- be ready to begin construction in the
gram; fiscal year in which funds are available
(8) ADT′ is ADT plus ADTT. for obligation.
(c) In order to balance the relative
[48 FR 52296, Nov. 17, 1983, as amended at 67
importance of candidate bridges with FR 63543, Oct. 15, 2002]
very low (less than one) sufficiency rat-
ings and very low ADT’s against can-
didate bridges with high ADT’s, the Subpart H—Navigational
minimum sufficiency rating used will Clearances for Bridges
be 1.0. If the computed sufficiency rat-
ing for a candidate bridge is less than SOURCE: 52 FR 28139, July 28, 1987, unless
1.0, use 1.0 in the rating factor formula. otherwise noted.
(d) If the unobligated balance of
HBRRP funds for the State is less than § 650.801 Purpose.
$10 million, the HBRRP modifier is 1.0. The purpose of this regulation is to
This will limit the effect of the modi- establish policy and to set forth coordi-
fier on those States with small appor- nation procedures for Federal-aid high-
tionments or those who may be accu- way bridges which require navigational
mulating funds to finance a major clearances.
bridge.
§ 650.803 Policy.
[48 FR 52296, Nov. 17, 1983; 48 FR 53407, Nov.
28, 1983, as amended at 67 FR 63542, Oct. 15, It is the policy of FHWA:
2002] (a) To provide clearances which meet
the reasonable needs of navigation and
§ 650.709 Special considerations. provide for cost-effective highway op-
(a) The selection process for new dis- erations,
cretionary bridge projects will be based (b) To provide fixed bridges wherever
upon the rating factor priority rank- practicable, and
ing. However, although not specifically (c) To consider appropriate pier pro-
included in the rating factor formula, tection and vehicular protective and
special consideration will be given to warning systems on bridges subject to
bridges that are closed to all traffic or ship collisions.
that have a load restriction of less
than 10 tons. Consideration will also be § 650.805 Bridges not requiring a
given to bridges with other unique sit- USCG permit.
uations, and to bridge candidates in (a) The FHWA has the responsibility
States that have not previously been under 23 U.S.C. 144(h) to determine
allocated discretionary bridge funds. In that a USCG permit is not required for
addition, consideration will be given to bridge construction. This determina-
candidates that receive additional tion shall be made at an early stage of
funds or contributions from local, project development so that any nec-
State, county, or private sources, but essary coordination can be accom-
not from Federal sources which reduce plished during environmental proc-
the total Federal cost or Federal share essing.
of the project. These funds or contribu- (b) A USCG permit shall not be re-
tions may be used to reduce the total quired if the FHWA determines that
project cost for use in the rating factor the proposed construction, reconstruc-
formula. tion, rehabilitation, or replacement of
(b) The need to administer the pro- the federally aided or assisted bridge is
gram from a balanced national perspec- over waters (1) which are not used or
tive requires that the special cases set are not susceptible to use in their nat-
forth in paragraph (a) of this section ural condition or by reasonable im-
and other unique situations be consid- provement as a means to transport
ered in the discretionary bridge can- interstate or foreign commerce and (2)
didate evaluation process. which are (i) not tidal, or (ii) if tidal,
wwoods2 on DSK1DXX6B1PROD with CFR
271
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§ 650.807 23 CFR Ch. I (4–1–11 Edition)
(c) The highway agency (HA) shall portunity for the USCG to be involved
assess the need for a USCG permit or throughout the environmental review
navigation lights or signals for pro- process in accordance with 23 CFR part
posed bridges. The HA shall consult the 771. The FHWA and Coast Guard have
appropriate District Offices of the U.S. developed internal guidelines which set
Army Corps of Engineers if the suscep- forth coordination procedures that
tibility to improvement for navigation both agencies have found useful in
of the water of concern is unknown and streamlining and expediting the permit
shall consult the USCG if the types of approval process. These guidelines in-
vessels using the waterway are un- clude (1) USCG/FHWA Procedures for
known. Handling Projects which Require a
(d) For bridge crossings of waterways USCG Permit 1 and (2) the USCG/FHWA
with navigational traffic where the HA Memorandum of Understanding on Co-
believes that a USCG permit may not ordinating The Preparation and Proc-
be required, the HA shall provide sup- essing of Environmental Projects. 2
porting information early in the envi- (d) The HA shall accomplish suffi-
ronmental analysis stage of project de- cient preliminary design and consulta-
velopment to enable the FHWA to tion during the environmental phase of
make a determination that a USCG project development to investigate
permit is not required and that pro- bridge concepts, including the feasi-
posed navigational clearances are rea- bility of any proposed movable bridges,
sonable. the horizontal and vertical clearances
(e) Since construction in waters ex- that may be required, and other loca-
empt from a USCG permit may be sub- tion considerations which may affect
ject to other USCG authorizations, navigation. At least one fixed bridge
such as approval of navigation lights alternative shall be included with any
and signals and timely notice to local proposal for a movable bridge to pro-
mariners of waterway changes, the vide a comparative analysis of engi-
USCG should be notified whenever the neering, social, economic and environ-
proposed action may substantially af- mental benefit and impacts.
fect local navigation.
(e) The HA shall consider hydraulic,
§ 650.807 Bridges requiring a USCG safety, environmental and navigational
permit. needs along with highway costs when
designing a proposed navigable water-
(a) The USCG has the responsibility
way crossing.
(1) to determine whether a USCG per-
mit is required for the improvement or (f) For bridges where the risk of ship
construction of a bridge over navigable collision is significant, HA’s shall con-
waters except for the exemption exer- sider, in addition to USCG require-
cised by FHWA in § 650.805 and (2) to ap- ments, the need for pier protection and
prove the bridge location, alignment warning systems as outlined in FHWA
and appropriate navigational clear- Technical Advisory 5140.19, Pier Pro-
ances in all bridge permit applications. tection and Warning Systems for
(b) A USCG permit shall be required Bridges Subject to Ship Collisions,
when a bridge crosses waters which dated February 11, 1983.
are: (1) tidal and used by recreational (g) Special navigational clearances
boating, fishing, and other small ves- shall normally not be provided for ac-
sels 21 feet or greater in length or (2) commodation of floating construction
used or susceptible to use in their nat-
ural condition or by reasonable im- 1 This document is an internal directive in
D.
(c) The HA shall initiate coordina- 2 FHWA Notice 6640.22 dated July 17, 1981, is
tion with the USCG at an early stage available for inspection and copying as pre-
of project development and provide op- scribed in 49 CFR part 7, appendix D.
272
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Federal Highway Administration, DOT § 652.3
tives are available for inspection and copy- (h) Highway Construction Project. A
ing as prescribed in 49 CFR part 7, appendix project financed in whole or in part
B. with Federal-aid or Federal funds for
273
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