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Bridges & Structures

 

Questions and Answers on the National Bridge Inspection Standards, 23 CFR Part 650, Subpart C

Except for any cited statutes or regulations, the contents of these Q&As do not have the force and effect of law and are not meant to bind the public in any way. These Q&As are intended only to provide information regarding existing requirements under the law or agency policies.

Implementation

QI-1 When did the final rule of the National Bridge Inspection Standards (NBIS) take effect? (Updated 3/01/2023)

AI-1 The current NBIS took effect on June 6, 2022, which is thirty days after publication of the final rule in the Federal Register on May 6, 2022. However, compliance with several provisions in the final rule is not required before June 6, 2024. The implementation dates for these sections are stated in the final rule and described in the next question.

QI-2 What sections of the NBIS have implementation deadlines after the June 6, 2022, effective date? (New 3/01/2023)

AI-2 Compliance with the following sections of the final rule is required by June 6, 2024, which is 24 months after the effective date of the final rule:

Section Description
650.309(a) Program manager qualifications for existing PM
650.309(b) Team leader qualifications for existing TL
650.309(c) Team leaders on NSTM inspections
650.309(h)(3) FHWA-approved alternate training under prior regulations
650.311(a)(1)(ii) Routine inspections, Reduced intervals
650.311(b)(1)(ii) Underwater inspections, Reduced intervals
650.311(c)(1)(ii) NSTM inspections, Reduced intervals
650.311(g)(2) Prior FHWA approved extended inspection interval policies

These sections are discussed in further questions below.

QI-3 When will the FHWA review compliance with the updated NBIS? (Updated 3/01/2023)

AI-3 FHWA understands that some requirements in the final rule will need to be implemented over time. Our Division Offices, Office of Federal Lands Highway, and Office of Tribal Transportation will work with the State transportation departments, Federal agencies, and Tribal governments to implement the final rule and ensure compliance with the NBIS. Additionally, our Office of Bridges and Structures will support the Divisions, Federal Lands Highway, and Tribal Transportation offices to ensure consistency as the final rule is implemented across the nation.

The final rule will change how the annual compliance review required by 23 U.S.C. 144(h)(3) is conducted. We are currently updating the NBIP Metrics and Compliance Review Manual in accordance with the final rule and will make that available as soon as possible.  Consideration for aspects of the final rule that become effective after June 6, 2022 will be considered while developing the metric updates. See question QI-2 for a list of the sections that become effective June 6, 2024.

QI-4 Why is full compliance with the new training requirements for 23 CFR 650.309(a) Program Manager, 650.309(b) Team Leader, and 650.309(c) Team Leader on NSTM inspections not required until June 6, 2024? (New 3/01/2023)

AI-4 To allow persons currently serving in the Program Manager and Team Leader roles when the final rule became effective time to complete training courses that are now required.

Personnel newly identified as Program Managers, Team Leaders, and Team Leaders on NSTM inspections after June 6, 2022, must meet the qualification requirements when they begin serving in these roles.

QI-5 Why is full compliance with the new requirements for 23 CFR 650.309(h)(3) not required until June 6, 2024? (New 3/01/2023)

AI-5 To allow State transportation departments, Federal agencies, and Tribal governments that had alternate training materials approved by FHWA under prior regulations, time to revise their training materials to meet the requirements of the final rule.

QI-6 Why is full compliance with the new requirements in 650.311(a)(1)(ii), (b)(1)(ii), and (c)(1)(ii) not required until June 6, 2024? (New 3/01/2023)

AI-6 To allow State transportation departments, Federal agencies, and Tribal governments time to develop and document risk-based criteria for when inspection intervals must be reduced below regular intervals for routine, underwater, and NSTM inspection types and then to apply that criteria to bridges in their inventory. Even though these are not required until June 6, 2024, State transportation departments, Federal agencies, and Tribal governments may implement them now.

QI-7 Why are prior FHWA approved extended inspection interval policies, 650.311(g), being rescinded on June 6, 2024? (New 3/01/2023)

AI-7 To ensure State transportation departments, Federal agencies, and Tribal governments adhere to the same requirements and use risk-based processes for setting inspection intervals. The recission will not occur until June 6, 2024, to provide time to develop new extended inspection interval policies using the risk-based methods in the final rule. State transportation departments, Federal agencies, and Tribal governments may continue to use their extended inspection interval policies that were approved by FHWA under prior regulations until this recission occurs.

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Updated: 03/10/2023
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000