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.
650.317 Incorporation by reference
Q317-1 Certain material is included in the NBIS through incorporation by reference. What does that mean? (Posted from 6/21/05)
A317-1 Incorporation by reference (IBR) is a technique used by Federal agencies to include and make enforceable materials published elsewhere without republishing those materials in full text in the agencies' regulations. Most typically this technique is used by agencies to incorporate widely used industry-developed codes such as the National Fire Protection Code. The FHWA uses IBR extensively to incorporate documents such as AASHTO design standards into 23 CFR part 625 and to incorporate FHWA's Manual on Uniform Traffic Control Devices into 23 CFR part 655.
Q317-2 Why was a specific version of the MBE incorporated by reference in the NBIS? (New 3/01/2023)
A317-2 A specific version of the MBE was incorporated by reference to provide for notice and comment as required by the Administrative Procedure Act (APA) (5 U.S.C. 552(a)) and to provide certainty to the users of the NBIS which standards apply. Versions of the MBE that might be developed in the future cannot be incorporated into the NBIS without notice and comment rulemaking. FHWA will continue to update, as necessary, the materials incorporated by reference in its regulations on a regular basis.
Q317-3 Why were only certain sections of the MBE incorporated by reference in the NBIS? (New 3/01/2023)
A317-3 Since the last update to the NBIS, AASHTO has revised the MBE to limit the provisions needed to implement the NBIS to specific sections in its manual. FHWA has only incorporated these specific sections to avoid inadvertently creating unnecessary additional requirements on highway bridge owners by incorporating all of the MBE as a reference. The MBE covers many topics, some of which may not be pertinent or beyond the requirements of the NBIS.
Q317-4 Why were the Specifications for the National Bridge Inventory (SNBI) incorporated by reference in the NBIS? (New 3/01/2023)
A317-4 The SNBI identifies data to be reported to the FHWA for inclusion in the National Bridge Inventory (NBI) for bridges subject to the NBIS. The SNBI ensures a consistent set of data is reported for bridges in the NBI.
Q317-5 What if there is implied or conflicting language between the NBIS and materials incorporated by reference? (Updated 3/01/2023)
A317-5 The NBIS takes precedence over any material incorporated by reference. Where there may be implied or conflicting language between the documents, the nationwide direction provided by the NBIS will always govern.