Rule2025-21779
Rescinding Requirements Regarding Bridges on Federal Dams
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 3, 2025
Effective
January 2, 2026
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
FHWA is rescinding the unnecessary regulations on Bridges on Federal Dams, which were issued on October 10, 1974, because they are duplicative of other existing legal requirements.
Full Text
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<title>Federal Register, Volume 90 Issue 230 (Wednesday, December 3, 2025)</title>
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[Federal Register Volume 90, Number 230 (Wednesday, December 3, 2025)]
[Rules and Regulations]
[Pages 55646-55647]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21779]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 630
[Docket No. FHWA-2025-0011]
RIN 2125-AG18
Rescinding Requirements Regarding Bridges on Federal Dams
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FHWA is rescinding the unnecessary regulations on Bridges on
Federal Dams, which were issued on October 10, 1974, because they are
duplicative of other existing legal requirements.
DATES: This final rule is effective January 2, 2026.
FOR FURTHER INFORMATION CONTACT: Ms. Samantha Pratt, Office of
Infrastructure, (737) 389-1048, <a href="/cdn-cgi/l/email-protection#54273539353a203c357a242635202014303b207a333b22"><span class="__cf_email__" data-cfemail="2a594b474b445e424b045a584b5e5e6a4e455e044d455c">[email protected]</span></a>, Federal Highway
Administration, 300 East 8th Street, Room 826, Austin, TX 78701; or Mr.
Michael Harkins, Office of the Chief Counsel, (202) 366-1523,
<a href="/cdn-cgi/l/email-protection#d19cb8b2b9b0b4bdff99b0a3bab8bfa291b5bea5ffb6bea7"><span class="__cf_email__" data-cfemail="a9e4c0cac1c8ccc587e1c8dbc2c0c7dae9cdc6dd87cec6df">[email protected]</span></a>, Federal Highway Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590. Office hours are from 8:00 a.m.
to 4:30 p.m., E.T., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
This document, as well as the notice of proposed rulemaking (NPRM),
and all comments received may be viewed online through the Federal
eRulemaking portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. The website is available 24
hours each day, 365 days each year. An electronic copy of this document
may also be downloaded by accessing the Office of the Federal
Register's website at: <a href="http://www.federalregister.gov">www.federalregister.gov</a> and the U.S. Government
Publishing Office's website at: <a href="http://www.GovInfo.gov">www.GovInfo.gov</a>.
Background
Under section 320(a) of title 23 of the United State Code (U.S.C.),
State departments of transportation (State DOT), jointly with the
Secretary of Transportation, may determine and certify to a Federal
Agency with jurisdiction over and custody of a dam constructed or to be
constructed and owned by or for the United States, that a public
highway bridge upon and across such dam is economically desirable and
needed as a link in the State or Federal-aid highway systems. The
Federal Agency may then use funds available to design and construct the
dam in such a manner that will serve as a suitable and adequate
foundation for a public highway bridge and to design and construct a
public highway bridge upon and across the dam. In accordance with 23
U.S.C. 320(b), construction of any bridge upon and across any dam
pursuant to 23 U.S.C. 320 may not start until the State in which the
bridge is to be located, or the appropriate subdivision of such State,
enters into an agreement with the Federal Agency and the Secretary of
Transportation to construct the approach roads necessary to connect
such bridge with existing public highways. While a portion of the
bridge may be financed wholly with Federal funds, any approach roads
``shall be financed by the State or its appropriate subdivision with or
without the aid of Federal funds.'' See 23 U.S.C. 320(d). Finally, 23
U.S.C. 320(f) makes clear that 23 U.S.C. 320 does not affect any
bridge, approach structure, or highway constructed or to be constructed
by a Federal Agency to satisfy a legal obligation incurred
independently of 23 U.S.C. 320.
On October 10, 1974, FHWA amended part 630 of title 23 of the Code
of Federal Regulations (CFR) by adding a new subpart H. See 39 FR
36474. This rule required that a proposed bridge over a dam constructed
and owned by or for the United States, together with the approach roads
to connect the bridge with existing public highways, must be eligible
for inclusion in the Federal-aid highway system. See 23 CFR 630.802.
The regulation also required that a State's application to qualify a
project under the new subpart to include a certification that the
bridge is economically desirable and needed as a link in the Federal-
aid highway system, a statement showing the source and availability of
funds to be used in construction of the roadway approaches, and a
statement of any obligation on the part of the Federal Agency
constructing the dam to provide such bridge or approach roads to
satisfy a legal liability incurred independently of the subpart. See 23
CFR 630.803. This subpart has not been amended since its issuance in
1974.
On May 30, 2025, at 90 FR 22874, FHWA published an NPRM proposing
to rescind the rule issued on October 10, 1974, Bridges on Federal
Dams, via 39 FR 36474, amending 23 CFR part 630, subpart H. FHWA
proposed to rescind 23 CFR part 630, subpart H in full and sought
comment on all aspects of that proposal. FHWA received one comment on
its NPRM expressing general disagreement with deregulation but no
substantive comment on the proposal. As such, FHWA now adopts the
proposal in this final rule without change.
FHWA finds that 23 U.S.C. 320 is clear on its face and, therefore,
the regulations found in 23 CFR part 630, subpart H are not necessary.
FHWA believes the regulations are merely duplicative of statutory
language and, thus, unnecessary and may be rescinded.
Further, as a practical matter, no additional funding for the
construction of bridges on Federal dams has been authorized since the
Federal-aid Highway Act of 1978 (Pub. L. 95-599). In fiscal year 1994,
Congress rescinded the balance of funds that were made available for
bridges on Federal dams pursuant to 23 U.S.C. 320, leaving no funds
currently available for the work contemplated by 23 CFR part 630,
subpart H. See Public Law 103-211, Title III, Chapter 10. Were Congress
to provide additional funds, the requirements in 23 U.S.C. 320 would
apply, and they are sufficiently clear.
Rulemaking Analyses and Notices
A. Executive Orders 12866 (Regulatory Planning and Review), Executive
Order 13563 (Improving Regulation and Regulatory Review), and DOT
Regulatory Policies and Procedures
This final rule does not meet the criteria of a ``significant
regulatory action'' under Executive Order (E.O.) 12866, as amended by
E.O. 14215 and 13563. Therefore, the Office of Management and Budget
(OMB) has not reviewed this rule under those orders.
This rule removes duplicative regulations applicable to projects
that are not currently funded. FHWA does not believe there are any
costs to this rulemaking. While FHWA believes there
[[Page 55647]]
are deregulatory benefits to this rule, FHWA believes any monetary
benefits or costs to this rule would be minimal. FHWA anticipates some
unquantified cost-savings associated with removal of unnecessary
provisions from the CFR. To the extent that the public needs to
understand the requirements applicable to bridges on Federal dams,
those requirements will now be available in one convenient place, 23
U.S.C. 320. FHWA expects that the public would realize some
unquantifiable cost-savings by only needing to read and understand 23
U.S.C. 320, rather than both the statute and the duplicative
regulations rescinded in this final rule.
These changes would not adversely affect, in a material way, any
sector of the economy. In addition, these changes would not interfere
with any action taken or planned by another Federal Agency and would
not materially alter the budgetary impact of any entitlements, grants,
user fees, or loan programs. Consequently, a full regulatory evaluation
is not required.
B. Executive Order 14192 (Unleashing Prosperity Through Deregulation)
This final rule is an E.O. 14192 deregulatory action. Cost-savings
are not quantified.
C. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601-612) (as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996; 5
U.S.C. 601 et seq.), Federal Agencies must prepare and make available
for public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small government jurisdictions). No regulatory
flexibility analysis is required, however, if the head of a Federal
Agency or an appropriate designee certifies that the rule will not have
a significant economic impact on a substantial number of small
entities. FHWA has concluded and hereby certifies that this rule would
not have a significant economic impact on a substantial number of small
entities; therefore, an analysis is not included. This rescission
removes requirements regarding procedures for the construction and
financing of public highway bridges over dams constructed and owned by
or for the United States that are not otherwise required by statute.
D. Unfunded Mandates Reform Act
This rule does not impose unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4, 109 Stat.
48) for State, local and Tribal governments, or the private sector of
$100 million or more in any one year. Thus, the rule is not subject to
the requirements of sections 202 and 205 of the UMRA.
E. Executive Order 13132 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in E.O. 13132. FHWA has determined that this action
does not have sufficient federalism implications to warrant the
preparation of a federalism assessment. FHWA has also determined that
this action would not preempt any State law or State regulation or
affect the States' ability to discharge traditional State governmental
functions.
F. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520), a Federal Agency may not conduct or sponsor, and a person
is not required to respond to, a collection of information, unless the
collection displays a currently valid OMB control number. This rule is
deregulatory and so would not impose any additional information
collection requirements.
G. National Environmental Policy Act
FHWA has analyzed this rule pursuant to the National Environmental
Policy Act (NEPA) and has determined that it is categorically excluded
under 23 CFR 771.117(c)(20), which applies to the promulgation of
rules, regulations, and directives. Categorically excluded actions meet
the criteria for categorical exclusions under 23 CFR 771.117(a) and
normally do not require any further NEPA approvals by FHWA. This rule
would rescind regulations regarding procedures for the construction and
financing of public highway bridges over dams constructed and owned by
or for the United States. FHWA does not anticipate any adverse
environmental impacts from this rule, and no unusual circumstances are
present under 23 CFR 771.117(b).
H. Executive Order 13175 (Tribal Consultation)
E.O. 13175 requires Federal Agencies to consult and coordinate with
Tribes on a government-to-government basis on policies that have Tribal
implications, including regulations, legislative comments or proposed
legislation, and other policy statements or actions that have
substantial direct effects on one or more Indian Tribes, on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes. FHWA has assessed the impact of this rule
on Indian tribes and determined that this rule would not have Tribal
implications that require consultation under E.O. 13175.
I. Regulation Identifier Number
A Regulation Identifier Number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
the spring and fall of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
J. Rulemaking Summary, 5 U.S.C. 553(b)(4)
As required by 5 U.S.C. 553(b)(4), a summary of this rule can be
found at <a href="http://www.regulations.gov">www.regulations.gov</a>, under the docket number.
List of Subjects in 23 CFR Part 630
Government contracts, Grant programs--transportation, Highway
safety, Highways and roads, Reporting and recordkeeping requirements,
Traffic regulations.
Issued in Washington, DC, under authority delegated in 49 CFR
1.85.
Sean McMaster,
Administrator, Federal Highway Administration.
For the reasons stated in the preamble, FHWA revises title 23, Code
of Federal Regulations, part 630, as set forth below:
PART 630--PRECONSTRUCTION PROCEDURES
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1. The authority citation for part 630 is revised to read as follows:
23 U.S.C. 106, 109, 112, 115, 315, and 402(a); sec. 1110, 1501, and
1503, Pub. L. 109-59, 119 Stat. 1144; Pub. L. 105-178, 112 Stat. 193;
Pub. L. 104-59, 109 Stat. 582; Pub. L. 97-424, 96 Stat. 2106; Pub. L.
90-495, 82 Stat. 828; Pub. L. 85-767, 72 Stat. 896; Pub. L. 84-627, 70
Stat. 380; sections 1303 and 1405, Pub. L. 112-141, 126 Stat. 405; and
23 CFR 1.32 and 49 CFR 1.81 and 1.85.
Subpart H--[Removed and Reserved]
0
2. Remove and reserve subpart H, consisting of Sec. Sec. 630.801
through 630.803.
[FR Doc. 2025-21779 Filed 12-2-25; 8:45 am]
BILLING CODE 4910-22-P
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</html>Indexed from Federal Register on December 3, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.