[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR650.805]

[Page 237]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 650--BRIDGES, STRUCTURES, AND HYDRAULICS--Table of Contents
 
             Subpart H--Navigational Clearances for Bridges
 
Sec. 650.805  Bridges not requiring a USCG permit.

    (a) The FHWA has the responsibility under 23 U.S.C. 144(h) to 
determine that a USCG permit is not required for bridge construction. 
This determination shall be made at an early stage of project 
development so that any necessary coordination can be accomplished 
during environmental processing.
    (b) A USCG permit shall not be required if the FHWA determines that 
the proposed construction, reconstruction, rehabilitation, or 
replacement of the federally aided or assisted bridge is over waters (1) 
which are not used or are not susceptible to use in their natural 
condition or by reasonable improvement as a means to transport 
interstate or foreign commerce and (2) which are (i) not tidal, or (ii) 
if tidal, used only by recreational boating, fishing, and other small 
vessels less than 21 feet in length.
    (c) The highway agency (HA) shall assess the need for a USCG permit 
or navigation lights or signals for proposed bridges. The HA shall 
consult the appropriate District Offices of the U.S. Army Corps of 
Engineers if the susceptibility to improvement for navigation of the 
water of concern is unknown and shall consult the USCG if the types of 
vessels using the waterway are unknown.
    (d) For bridge crossings of waterways with navigational traffic 
where the HA believes that a USCG permit may not be required, the HA 
shall provide supporting information early in the environmental analysis 
stage of project development to enable the FHWA to make a determination 
that a USCG permit is not required and that proposed navigational 
clearances are reasonable.
    (e) Since construction in waters exempt from a USCG permit may be 
subject to other USCG authorizations, such as approval of navigation 
lights and signals and timely notice to local mariners of waterway 
changes, the USCG should be notified whenever the proposed action may 
substantially affect local navigation.