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Federal Highway Administration, DOT Pt.

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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consideration should be given at the prelimi- Candidate Rating Factor


nary design stage to the feasibility of using
public road crossings for this purpose. Where 650.701 Purpose.
not feasible, an additional structure width of 650.703 Eligible projects.

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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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way agency actions, exceedance and water surface elevation


(f) To avoid support of incompatible at which flow occurs over the highway,
flood-plain development, over the watershed divide, or through

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Federal Highway Administration, DOT § 650.111

structure(s) provided for emergency re- emergency vehicles or provides a com-


lief. munity’s only evacuation route.
(k) Practicable shall mean capable of (2) A significant risk, or
being done within reasonable natural, (3) A significant adverse impact on
social, or economic constraints. natural and beneficial flood-plain val-
(l) Preserve shall mean to avoid modi- ues.
fication to the functions of the natural (r) Support base flood-plain develop-
flood-plain environment or to maintain ment shall mean to encourage, allow,
it as closely as practicable in its nat- serve, or otherwise facilitate addi-
ural state. tional base flood-plain development.
(m) Regulatory floodway shall mean Direct support results from an en-
the flood-plain area that is reserved in croachment, while indirect support re-
an open manner by Federal, State or sults from an action out of the base
local requirements, i.e., unconfined or flood plain.
unobstructed either horizontally or
vertically, to provide for the discharge § 650.107 Applicability.
of the base flood so that the cumu- (a) The provisions of this regulation
lative increase in water surface ele- shall apply to all encroachments and to
vation is no more than a designated all actions which affect base flood
amount (not to exceed 1 foot as estab- plains, except for repairs made with
lished by the Federal Emergency Man- emergency funds (23 CFR part 668) dur-
agement Agency (FEMA) for admin- ing or immediately following a dis-
istering the National Flood Insurance aster.
Program). (b) The provisions of this regulation
(n) Restore shall mean to reestablish shall not apply to or alter approvals or
a setting or environment in which the authorizations which were given by
functions of the natural and beneficial FHWA pursuant to regulations or di-
flood-plain values adversely impacted rectives in effect before the effective
by the highway agency action can date of this regulation.
again operate.
(o) Risk shall mean the consequences § 650.109 Public involvement.
associated with the probability of Procedures which have been estab-
flooding attributable to an encroach- lished to meet the public involvement
ment. It shall include the potential for requirements of 23 CFR part 771 shall
property loss and hazard to life during be used to provide opportunity for
the service life of the highway. early public review and comment on al-
(p) Risk analysis shall mean an eco- ternatives which contain encroach-
nomic comparison of design alter- ments.
natives using expected total costs (con-
struction costs plus risk costs) to de- [53 FR 11065, Apr. 5, 1988]
termine the alternative with the least
total expected cost to the public. It § 650.111 Location hydraulic studies.
shall include probable flood-related (a) National Flood Insurance Pro-
costs during the service life of the fa- gram (NFIP) maps or information de-
cility for highway operation, mainte- veloped by the highway agency, if
nance, and repair, for highway-aggra- NFIP maps are not available, shall be
vated flood damage to other property, used to determine whether a highway
and for additional or interrupted high- location alternative will include an en-
way travel. croachment.
(q) Significant encroachment shall (b) Location studies shall include
mean a highway encroachment and any evaluation and discussion of the prac-
direct support of likely base flood-plain ticability of alternatives to any longi-
development that would involve one or tudinal encroachments.
more of the following construction-or (c) Location studies shall include dis-
flood-related impacts: cussion of the following items, com-
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(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

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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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(b) [Reserved] on the base flood plain shall be


[44 FR 67580, Nov. 26, 1979, as amended at 48 floodproofed against damage from the
FR 29274, June 24, 1983] base flood.

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Federal Highway Administration, DOT § 650.207

(c) Where highway fills are to be used § 650.203 Policy.


as dams to permanently impound water
It is the policy of the Federal High-
more than 50 acre-feet (6.17×104 cubic
way Administration (FHWA) that all
metres) in volume or 25 feet (7.6
metres) deep, the hydrologic, hydrau- highways funded in whole or in part
lic, and structural design of the fill and under title 23, United States Code,
appurtenant spillways shall have the shall be located, designed, constructed
approval of the State or Federal agen- and operated according to standards
cy responsible for the safety of dams or that will minimize erosion and sedi-
like structures within the State, prior ment damage to the highway and adja-
to authorization by the Division Ad- cent properties and abate pollution of
ministrator to advertise for bids for surface and ground water resources.
construction. Guidance for the development of stand-
ards used to minimize erosion and sedi-
§ 650.117 Content of design studies. ment damage is referenced in § 650.211
of this part.
(a) The detail of studies shall be com-
mensurate with the risk associated § 650.205 Definitions.
with the encroachment and with other
economic, engineering, social or envi- Erosion control measures and practices
ronmental concerns. are actions that are taken to inhibit
(b) Studies by highway agencies shall the dislodging and transporting of soil
contain: particles by water or wind, including
(1) The hydrologic and hydraulic data actions that limit the area of exposed
and design computations, soil and minimize the time the soil is
(2) The analysis required by exposed.
§ 650.115(a), and Permanent erosion and sediment control
(3) For proposed direct Federal high- measures and practices are installations
way actions, the reasons, when applica- and design features of a construction
ble, why FEMA criteria (44 CFR 60.3, project which remain in place and in
formerly 24 CFR 1910.3) are demon- service after completion of the project.
strably inappropriate. Pollutants are substances, including
(c) For encroachment locations, sediment, which cause deterioration of
project plans shall show: water quality when added to surface or
(1) The magnitude, approximate prob- ground waters in sufficient quantity.
ability of exceedance and, at appro- Sediment control measures and practices
priate locations, the water surface ele- are actions taken to control the deposi-
vations associated with the overtop- tion of sediments resulting from sur-
ping flood or the flood of face runoff.
§ 650.115(a)(1)(ii), and Temporary erosion and sediment control
(2) The magnitude and water surface measures and practices are actions taken
elevation of the base flood, if larger on an interim basis during construc-
than the overtopping flood. tion to minimize the disturbance,
transportation, and unwanted deposi-
Subpart B—Erosion and Sediment tion of sediment.
Control on Highway Construc- § 650.207 Plans, specifications and esti-
tion Projects mates.
(a) Emphasis shall be placed on ero-
SOURCE: 59 FR 37939, July 26, 1994, unless
sion control in the preparation of
otherwise noted.
plans, specifications and estimates.
§ 650.201 Purpose. (b) All reasonable steps shall be
taken to insure that highway project
The purpose of this subpart is to pre-
designs for the control of erosion and
scribe policies and procedures for the
sedimentation and the protection of
control of erosion, abatement of water
water quality comply with applicable
pollution, and prevention of damage by
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standards and regulations of other


sediment deposition from all construc-
agencies.
tion projects funded under title 23,
United States Code. [39 FR 36332, Oct. 9, 1974]

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§ 650.209 23 CFR Ch. I (4–1–11 Edition)

§ 650.209 Construction. lines are more stringent, to develop


(a) Permanent erosion and sediment standards and practices for the control
control measures and practices shall be of erosion and sediment on Federal-aid
established and implemented at the construction projects. These specific
earliest practicable time consistent standards and practices may reference
with good construction and manage- available resources, such as the proce-
ment practices. dures presented in the AASHTO
(b) Implementation of temporary ero- ‘‘Model Drainage Manual,’’ 1991. 2
sion and sediment control measures (c) Consistent with the requirements
and practices shall be coordinated with of section 6217(g) of the Coastal Zone
permanent measures to assure eco- Act Reauthorization Amendments of
nomical, effective, and continuous con- 1990 (Pub. L. 101–508, 104 Stat. 1388–299),
trol throughout construction. highway construction projects funded
(c) Erosion and sediment control under title 23, United States Code, and
measures and practices shall be mon- located in the coastal zone manage-
itored and maintained or revised to in- ment areas of States with coastal zone
sure that they are fulfilling their in- management programs approved by the
tended function during the construc- United States Department of Com-
tion of the project. merce, National Oceanic and Atmos-
(d) Federal-aid funds shall not be pheric Administration, should utilize
used in erosion and sediment control ‘‘Guidance Specifying Management
actions made necessary because of con- Measures for Sources of Nonpoint
tractor oversight, carelessness, or fail- Source Pollution in Coastal Waters,’’
ure to implement sufficient control 84–B–92–002, U.S. EPA, January 1993. 3
measures. State highway agencies should refer to
(e) Pollutants used during highway this Environmental Protection Agency
construction or operation and material guidance document for the design of
from sediment traps shall not be stock- projects within coastal zone manage-
piled or disposed of in a manner which ment areas.
makes them susceptible to being
washed into any watercourse by runoff Subpart C—National Bridge
or high water. No pollutants shall be Inspection Standards
deposited or disposed of in water-
courses.
SOURCE: 69 FR 74436, Dec. 14, 2004, unless
§ 650.211 Guidelines. otherwise noted.
(a) The FHWA adopts the AASHTO § 650.301 Purpose.
Highway Drainage Guidelines, Volume
III, ‘‘Erosion and Sediment Control in This subpart sets the national stand-
Highway Construction,’’ 1992, 1 as ards for the proper safety inspection
guidelines to be followed on all con- and evaluation of all highway bridges
struction projects funded under title in accordance with 23 U.S.C. 151.
23, United States Code. These guide-
lines are not intended to preempt any § 650.303 Applicability.
requirements made by or under State The National Bridge Inspection
law if such requirements are more Standards (NBIS) in this subpart apply
stringent. to all structures defined as highway
(b) Each State highway agency bridges located on all public roads.
should apply the guidelines referenced
in paragraph (a) of this section or 2 This document is available for inspection
apply its own guidelines, if these guide- from the FHWA headquarters and field of-
fices as prescribed by 49 CFR part 7, appendix
1 This document is available for inspection D. It may be purchased from the American
from the FHWA headquarters and field of- Association of State Highway and Transpor-
fices as prescribed by 49 CFR part 7, appendix tation Officials offices at Suite 225, 444 North
Capitol Street, NW., Washington, DC 20001.
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D. It may be purchased from the American


Association of State Highway and Transpor- 3 This document is available for inspection

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.

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Federal Highway Administration, DOT § 650.305

§ 650.305 Definitions. able at the following URL: http://


www.fhwa.dot.gov/bridge/bripub.htm.
Terms used in this subpart are de-
fined as follows: Complex bridge. Movable, suspension,
cable stayed, and other bridges with
American Association of State Highway
unusual characteristics.
and Transportation Officials (AASHTO)
Manual. ‘‘The Manual for Bridge Eval- Comprehensive bridge inspection train-
uation,’’ First Edition, 2008, published ing. Training that covers all aspects of
by the American Association of State bridge inspection and enables inspec-
Highway and Transportation Officials tors to relate conditions observed on a
(incorporated by reference, see bridge to established criteria (see the
§ 650.317). Bridge Inspector’s Reference Manual
for the recommended material to be
Bridge. A structure including sup-
covered in a comprehensive training
ports erected over a depression or an
course).
obstruction, such as water, highway, or
railway, and having a track or passage- Critical finding. A structural or safety
way for carrying traffic or other mov- related deficiency that requires imme-
ing loads, and having an opening meas- diate follow-up inspection or action.
ured along the center of the roadway of Damage inspection. This is an un-
more than 20 feet between scheduled inspection to assess struc-
undercopings of abutments or spring tural damage resulting from environ-
lines of arches, or extreme ends of mental factors or human actions.
openings for multiple boxes; it may Fracture critical member (FCM). A
also include multiple pipes, where the steel member in tension, or with a ten-
clear distance between openings is less sion element, whose failure would prob-
than half of the smaller contiguous ably cause a portion of or the entire
opening. bridge to collapse.
Bridge inspection experience. Active Fracture critical member inspection. A
participation in bridge inspections in hands-on inspection of a fracture crit-
accordance with the NBIS, in either a ical member or member components
field inspection, supervisory, or man- that may include visual and other non-
agement role. A combination of bridge destructive evaluation.
design, bridge maintenance, bridge Hands-on. Inspection within arms
construction and bridge inspection ex- length of the component. Inspection
perience, with the predominant uses visual techniques that may be
amount in bridge inspection, is accept- supplemented by nondestructive test-
able. ing.
Bridge inspection refresher training. Highway. The term ‘‘highway’’ is de-
The National Highway Institute fined in 23 U.S.C. 101(a)(11).
‘‘Bridge Inspection Refresher Training In-depth inspection. A close-up, in-
Course’’ 1 or other State, local, or fed- spection of one or more members above
erally developed instruction aimed to or below the water level to identify any
improve quality of inspections, intro- deficiencies not readily detectable
duce new techniques, and maintain the using routine inspection procedures;
consistency of the inspection program. hands-on inspection may be necessary
Bridge Inspector’s Reference Manual at some locations.
(BIRM). A comprehensive FHWA man- Initial inspection. The first inspection
ual on programs, procedures and tech- of a bridge as it becomes a part of the
niques for inspecting and evaluating a bridge file to provide all Structure In-
variety of in-service highway bridges. ventory and Appraisal (SI&A) data and
This manual may be purchased from other relevant data and to determine
the U.S. Government Printing Office, baseline structural conditions.
Washington, DC 20402 and from Na- Legal load. The maximum legal load
tional Technical Information Service, for each vehicle configuration per-
Springfield, Virginia 22161, and is avail- mitted by law for the State in which
the bridge is located.
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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

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§ 650.307 23 CFR Ch. I (4–1–11 Edition)

by information gathered from a field corded conditions, and to ensure that


inspection. the structure continues to satisfy
National Institute for Certification in present service requirements.
Engineering Technologies (NICET). The Routine permit load. A live load, which
NICET provides nationally applicable has a gross weight, axle weight or dis-
voluntary certification programs cov- tance between axles not conforming
ering several broad engineering tech- with State statutes for legally config-
nology fields and a number of special- ured vehicles, authorized for unlimited
ized subfields. For information on the trips over an extended period of time to
NICET program certification contact: move alongside other heavy vehicles on
National Institute for Certification in a regular basis.
Engineering Technologies, 1420 King Scour. Erosion of streambed or bank
Street, Alexandria, VA 22314–2794. material due to flowing water; often
Operating rating. The maximum per- considered as being localized around
missible live load to which the struc- piers and abutments of bridges.
ture may be subjected for the load con- Scour critical bridge. A bridge with a
figuration used in the rating. foundation element that has been de-
Professional engineer (PE). An indi- termined to be unstable for the ob-
vidual, who has fulfilled education and served or evaluated scour condition.
experience requirements and passed Special inspection. An inspection
rigorous exams that, under State licen- scheduled at the discretion of the
sure laws, permits them to offer engi- bridge owner, used to monitor a par-
neering services directly to the public. ticular known or suspected deficiency.
Engineering licensure laws vary from State transportation department. The
State to State, but, in general, to be- term ‘‘State transportation depart-
come a PE an individual must be a ment’’ is defined in 23 U.S.C. 101(a)(34).
graduate of an engineering program ac- Team leader. Individual in charge of
credited by the Accreditation Board for an inspection team responsible for
Engineering and Technology, pass the planning, preparing, and performing
Fundamentals of Engineering exam, field inspection of the bridge.
gain four years of experience working Underwater diver bridge inspection
under a PE, and pass the Principles of training. Training that covers all as-
Practice of Engineering exam. pects of underwater bridge inspection
Program manager. The individual in and enables inspectors to relate the
charge of the program, that has been conditions of underwater bridge ele-
assigned or delegated the duties and re- ments to established criteria (see the
sponsibilities for bridge inspection, re- Bridge Inspector’s Reference Manual
porting, and inventory. The program section on underwater inspection for
manager provides overall leadership the recommended material to be cov-
and is available to inspection team ered in an underwater diver bridge in-
leaders to provide guidance. spection training course).
Public road. The term ‘‘public road’’
Underwater inspection. Inspection of
is defined in 23 U.S.C. 101(a)(27).
the underwater portion of a bridge sub-
Quality assurance (QA). The use of
structure and the surrounding channel,
sampling and other measures to assure
which cannot be inspected visually at
the adequacy of quality control proce-
low water by wading or probing, gen-
dures in order to verify or measure the
erally requiring diving or other appro-
quality level of the entire bridge in-
priate techniques.
spection and load rating program.
Quality control (QC). Procedures that [69 FR 74436, Dec. 14, 2004, as amended at 74
are intended to maintain the quality of FR 68379, Dec. 24, 2009]
a bridge inspection and load rating at
or above a specified level. § 650.307 Bridge inspection organiza-
Routine inspection. Regularly sched- tion.
uled inspection consisting of observa- (a) Each State transportation depart-
tions and/or measurements needed to ment must inspect, or cause to be in-
wwoods2 on DSK1DXX6B1PROD with CFR

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,

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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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tional Society of Professional Engi- at greater than twenty-four month in-


neer’s program for National Certifi- tervals, not to exceed forty-eight-
cation in Engineering Technologies months, with written FHWA approval.

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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

(h) Follow-up on critical findings. Es- These incorporations by reference were


tablish a statewide or Federal agency approved by the Director of the Federal
wide procedure to assure that critical Register in accordance with 5 U.S.C.
findings are addressed in a timely man- 552(a) and 1 CFR part 51. These mate-
ner. Periodically notify the FHWA of rials are incorporated as they exist on
the actions taken to resolve or monitor the date of the approval, and notice of
critical findings. any change in these documents will be
published in the FEDERAL REGISTER.
§ 650.315 Inventory.
The materials are available for pur-
(a) Each State or Federal agency chase at the address listed below, and
must prepare and maintain an inven- are available for inspection at the Na-
tory of all bridges subject to the NBIS. tional Archives and Records Adminis-
Certain Structure Inventory and Ap- tration (NARA). These materials may
praisal (SI&A) data must be collected also be reviewed at the Department of
and retained by the State or Federal
Transportation Library, 1200 New Jer-
agency for collection by the FHWA as
sey Avenue, SE., Washington, DC 20590,
requested. A tabulation of this data is
(202) 366–0761. For information on the
contained in the SI&A sheet distrib-
uted by the FHWA as part of the ‘‘Re- availability of these materials at
cording and Coding Guide for the NARA call (202) 741–6030, or go to the
Structure Inventory and Appraisal of following URL: http://www.archives.gov/
the Nation’s Bridges,’’ (December 1995) federallregister/
together with subsequent interim codeloflfederallregulations/
changes or the most recent version. Re- ibrllocations.htm. In the event there is
port the data using FHWA established a conflict between the standards in this
procedures as outlined in the ‘‘Record- subpart and any of these materials, the
ing and Coding Guide for the Structure standards in this subpart will apply.
Inventory and Appraisal of the Na- (b) The following materials are avail-
tion’s Bridges.’’ able for purchase from the American
(b) For routine, in-depth, fracture Association of State Highway and
critical member, underwater, damage Transportation Officials, Suite 249, 444
and special inspections enter the SI&A N. Capitol Street, NW., Washington,
data into the State or Federal agency DC 20001, (202) 624–5800. The materials
inventory within 90 days of the date of may also be ordered via the AASHTO
inspection for State or Federal agency bookstore located at the following
bridges and within 180 days of the date URL: http://www.transportation.org.
of inspection for all other bridges. (1) The Manual for Bridge Evalua-
(c) For existing bridge modifications tion, First Edition, 2008, AASHTO, in-
that alter previously recorded data and corporation by reference approved for
for new bridges, enter the SI&A data §§ 650.305 and 650.313.
into the State or Federal agency inven- (2) [Reserved]
tory within 90 days after the comple-
tion of the work for State or Federal [74 FR 68379, Dec. 24, 2009]
agency bridges and within 180 days
after the completion of the work for all Subpart D—Highway Bridge Re-
other bridges. placement and Rehabilitation
(d) For changes in load restriction or Program
closure status, enter the SI&A data
into the State or Federal agency inven-
tory within 90 days after the change in SOURCE: 44 FR 15665, Mar. 15, 1979, unless
status of the structure for State or otherwise noted.
Federal agency bridges and within 180
§ 650.401 Purpose.
days after the change in status of the
structure for all other bridges. The purpose of this regulation is to
prescribe policies and outline proce-
§ 650.317 Reference manuals. dures for administering the Highway
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(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)

§ 650.403 Definition of terms. tated both on or off the F-A System


As used in this regulation: shall, as a minimum, conform with the
(a) Bridge. A structure, including sup- provisions of 23 CFR part 625, Design
ports, erected over a depression or an Standards for Federal-aid Highways,
obstruction, such as water, a highway, for the class of highway on which the
or a railway, having a track or pas- bridge is a part.
sageway for carrying traffic or other (c) Ineligible work. Except as other-
moving loads, and having an opening wise prescribed by the Administrator,
measured along the center of the road- the costs of long approach fills, cause-
way of more than 20 feet between ways, connecting roadways, inter-
undercopings of abutments or spring changes, ramps, and other extensive
lines of arches, or extreme ends of the earth structures, when constructed be-
openings for multiple boxes; it may in- yond the attainable touchdown point,
clude multiple pipes where the clear are not eligible under the bridge pro-
distance between openings is less than gram.
half of the smaller contiguous opening. § 650.407 Application for bridge re-
(b) Sufficiency rating. The numerical placement or rehabilitation.
rating of a bridge based on its struc-
tural adequacy and safety, essentiality (a) Agencies participate in the bridge
for public use, and its serviceability program by conducting bridge inspec-
and functional obsolescence. tions and submitting Structure Inven-
(c) Rehabilitation. The major work re- tory and Appraisal (SI&A) sheet in-
quired to restore the structural integ- spection data. Federal and local gov-
rity of a bridge as well as work nec- ernments supply SI&A sheet data to
essary to correct major safety defects. the State agency for review and proc-
essing. The State is responsible for sub-
§ 650.405 Eligible projects. mitting the six computer card format
(a) General. Deficient highway or tapes containing all public road
bridges on all public roads may be eli- SI&A sheet bridge information through
gible for replacement or rehabilitation. the Division Administrator of the Fed-
(b) Types of projects which are eligible. eral Highway Administration (FHWA)
The following types of work are eligi- for processing. These requirements are
ble for participation in the Highway prescribed in 23 CFR 650.309 and 650.311,
Bridge Replacement and Rehabilita- the National Bridge Inspection Stand-
tion Program (HBRRP), hereinafter ards.
known as the bridge program. (b) Inventory data may be submitted
(1) Replacement. Total replacement of as available and shall be submitted at
a structurally deficient or functionally such additional times as the FHWA
obsolete bridge with a new facility con- may request.
structed in the same general traffic (c) Inventory data on bridges that
corridor. A nominal amount of ap- have been strengthened or repaired to
proach work, sufficient to connect the eliminate deficiencies, or those that
new facility to the existing roadway or have been replaced or rehabilitated
to return the gradeline to an attain- using bridge replacement and/or other
able touchdown point in accordance funds, must be revised in the inventory
with good design practice is also eligi- through data submission.
ble. The replacement structure must (d) The Secretary may, at the request
meet the current geometric, construc- of a State, inventory bridges, on and
tion and structural standards required off the Federal-aid system, for historic
for the types and volume of projected significance.
traffic on the facility over its design [44 FR 15665, Mar. 15, 1979, as amended at 44
life. FR 72112, Dec. 13, 1979]
(2) Rehabilitation. The project require-
ments necessary to perform the major § 650.409 Evaluation of bridge inven-
work required to restore the structural tory.
integrity of a bridge as well as work (a) Sufficiency rating of bridges. Upon
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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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1 AmericanAssociation of State Highway


and Transporation Officials, Suite 225, 444
North Capitol Street, NW, Washington, DC SOURCE: 48 FR 52296, Nov. 17, 1983, unless
20001. otherwise noted.

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§ 650.701 23 CFR Ch. I (4–1–11 Edition)

§ 650.701 Purpose. ment and Rehabilitation funds to other


The purpose of this regulation is to funding categories will not be eligible
describe a rating factor used as part of for funding the following fiscal year.
a selection process of allocation of dis- [48 FR 52296, Nov. 17, 1983, as amended at 67
cretionary bridge funds made available FR 63542, Oct. 15, 2002]
to the Secretary of Transportation
under 23 U.S.C. 144. § 650.705 Application for discretionary
bridge funds.
§ 650.703 Eligible projects.
Each year through its field offices,
(a) Deficient highway bridges on Fed- the FHWA will issue an annual call for
eral-aid highway system roads may be discretionary bridge candidate submit-
eligible for allocation of discretionary tals including updates of previously
bridge funds to the same extent as they submitted but not selected projects.
are for bridge funds apportioned under Each State is responsible for submit-
23 U.S.C. 144, provided that the total
ting such data as required for can-
project cost for a discretionary bridge
didate bridges. Data requested will in-
candidate is at least $10 million or
clude structure number, funds needed
twice the amont of 23 U.S.C. 144 funds
apportioned to the State during the fis- by fiscal year, total project cost, cur-
cal year for which funding for the can- rent average daily truck traffic and a
didate bridge is requested. narrative describing the existing
(b) After November 14, 2002 only can- bridge, the proposed new or rehabili-
didate bridges not previously selected tated bridge and other relevant factors
with a computed rating factor of 100 or which the State believes may warrant
less and ready to begin construction in special consideration.
the fiscal year in which funds are avail-
§ 650.707 Rating factor.
able for obligation will be eligible for
consideration. (a) The following formula is to be
(c) Projects from States that have used in the selection process for rank-
transferred Highway Bridge Replace- ing discretionary bridge candidates.

SR TPC ⎡ Unobligated HBRRP Balance ⎤


Rating Factor (RF) = × × 1+
N ADT' ⎢⎣ Total HBRRP Funds Received ⎦⎥

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;

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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,
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(c) Priority consideration will be used only by recreational boating, fish-


given to the continuation and comple- ing, and other small vessels less than
tion of projects previously begun with 21 feet in length.

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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

provement as a means to transport the USCG Bridge Administration Manual,


interstate or foreign commerce. If it is Enclosure 1a, COMDT INST M16590.5, change
determined that a USCG permit is re- 2 dated Dec. 1, 1983. It is available for inspec-
quired, the project shall be processed in tion and copying from the U.S. Coast Guard
or the Federal Highway Administration as
accordance with the following proce- prescribed in 49 CFR part 7, appendices B and
dures.
wwoods2 on DSK1DXX6B1PROD with CFR

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

equipment of any type that is not re- 652.11 Planning.


quired for navigation channel mainte- 652.13 Design and construction criteria.
nance. If the navigational clearances AUTHORITY: 23 U.S.C. 109, 217, 315,
are influenced by the needs of such 402(b)(1)(F); 49 CFR 1.48(b).
equipment, the USCG should be con- SOURCE: 49 FR 10662, Mar. 22, 1984, unless
sulted to determine the appropriate otherwise noted.
clearances to be provided.
(h) For projects which require FHWA § 652.1 Purpose.
approval of plans, specifications and To provide policies and procedures
estimates, preliminary bridge plans relating to the provision of pedestrian
shall be approved at the appropriate and bicycle accommodations on Fed-
level by FHWA for structural concepts, eral-aid projects, and Federal partici-
hydraulics, and navigational clear- pation in the cost of these accommoda-
ances prior to submission of the permit tions and projects.
application.
(i) If the HA bid plans contain alter- § 652.3 Definitions.
native designs for the same configura- (a) Bicycle. A vehicle having two tan-
tion (fixed or movable), the permit ap- dem wheels, propelled solely by human
plication shall be prepared in sufficient power, upon which any person or per-
detail so that all alternatives can be sons may ride.
evaluated by the USCG. If appropriate, (b) Bikeway. Any road, path, or way
the USCG will issue a permit for all al- which in some manner is specifically
ternatives. Within 30 days after award designated as being open to bicycle
of the construction contract, the USCG travel, regardless of whether such fa-
shall be notified by the HA of the alter- cilities are designated for the exclusive
nate which was selected. The USCG use of bicycles or are to be shared with
procedure for evaluating permit appli- other transportation modes.
cations which contain alternates is (c) Bicycle Path (Bike Path). A bike-
presented in its Bridge Administration way physically separated from motor-
Manual (COMDT INST M16590.5). 3 The
ized vehicular traffic by an open space
FHWA policy on alternates, Alternate
or barrier and either within the high-
Design for Bridges; Policy Statement,
way right-of-way or within an inde-
was published at 48 FR 21409 on May 12,
pendent right-of-way.
1983.
(d) Bicycle Lane (Bike Lane). A por-
§ 650.809 Movable span bridges. tion of a roadway which has been des-
ignated by striping, signing and pave-
A fixed bridge shall be selected wher- ment markings for the preferential or
ever practicable. If there are social, exclusive use of bicyclists.
economic, environmental or engineer- (e) Bicycle Route (Bike Route). A seg-
ing reasons which favor the selection of ment of a system of bikeways des-
a movable bridge, a cost benefit anal- ignated by the jurisdiction having au-
ysis to support the need for the mov-
thority with appropriate directional
able bridge shall he prepared as a part
and informational markers, with or
of the preliminary plans.
without a specific bicycle route num-
ber.
PART 652—PEDESTRIAN AND BICY- (f) Shared Roadway. Any roadway
CLE ACCOMMODATIONS AND upon which a bicycle lane is not des-
PROJECTS ignated and which may be legally used
by bicycles regardless of whether such
Sec. facility is specifically designated as a
652.1 Purpose. bikeway.
652.3 Definitions. (g) Pedestrian Walkway or Walkway. A
652.5 Policy.
652.7 Eligibility.
continuous way designated for pedes-
652.9 Federal participation. trians and separated from the through
lanes for motor vehicles by space or
barrier.
wwoods2 on DSK1DXX6B1PROD with CFR

3 United States Coast Guard internal direc-

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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