The Federal Highway Administration (FHWA), part of the U.S. Department of Transportation (DOT), has finalized a rule rescinding outdated regulations governing bridges on federal dams. Published in the Federal Register on December 3, 2025, this action removes 23 CFR Part 630, Subpart H, which was originally established in 1974. The rescission takes effect on January 2, 2026, and stems from FHWA's determination that the regulations duplicate provisions already outlined in 23 U.S.C. 320. This move eliminates redundant procedural requirements for projects that have not received funding in decades, potentially simplifying administrative processes for state transportation departments and federal agencies. The significance lies in its contribution to regulatory streamlining, reducing unnecessary burdens without altering statutory obligations for any future bridge constructions over federal dams.
Background and Statutory Foundation
The regulations in question trace back to October 10, 1974, when FHWA amended 23 CFR Part 630 by adding Subpart H through a rule published at 39 FR 36474. These rules addressed the construction and financing of public highway bridges over dams owned or constructed by the United States. They required states to certify that such bridges were economically desirable and necessary for inclusion in federal-aid highway systems, along with details on funding for approach roads and any independent legal obligations of federal agencies.
At the core of this framework is 23 U.S.C. 320, enacted as part of broader federal highway legislation. This statute allows state departments of transportation, in coordination with the Secretary of Transportation, to certify to a federal agency overseeing a dam that a bridge across it would serve as a vital link in state or federal-aid highway systems. As outlined in 23 U.S.C. 320(a), the federal agency can then use its funds to design the dam to accommodate a bridge foundation and construct the bridge itself. However, 23 U.S.C. 320(b) mandates that construction cannot begin until the state or its subdivision agrees with the federal agency and the Secretary to build necessary approach roads, which must be financed by the state, potentially with federal aid under 23 U.S.C. 320(d). Additionally, 23 U.S.C. 320(f) clarifies that the statute does not impact bridges or roads built to fulfill independent legal obligations.
FHWA's analysis in the final rule emphasizes that these statutory provisions are 'clear on [their] face,' rendering the 1974 regulations superfluous. No amendments to Subpart H have occurred since its inception, highlighting its stagnation amid evolving federal priorities.
Rulemaking Process and Public Input
FHWA initiated this rescission through a notice of proposed rulemaking (NPRM) published on May 30, 2025, at 90 FR 22874. The NPRM invited comments on removing Subpart H in its entirety, arguing that the regulations merely restated 23 U.S.C. 320 without adding value. Only one comment was received, expressing general opposition to deregulation but lacking specific substantive critique of the proposal. FHWA proceeded without changes, adopting the NPRM as the final rule.
Key players include FHWA officials such as Samantha Pratt from the Office of Infrastructure and Michael Harkins from the Office of the Chief Counsel, listed as contacts in the Federal Register entry. The action aligns with DOT's broader regulatory review efforts, though no specific executive orders are cited in this context.
Practical and Financial Considerations
A critical factor in the rescission is the absence of funding for these projects. The Federal-aid Highway Act of 1978 (Public Law 95-599) provided the last authorization for additional funds under 23 U.S.C. 320. In fiscal year 1994, Congress rescinded the remaining balance via Public Law 103-211, Title III, Chapter 10, leaving no resources available. FHWA notes that should Congress appropriate new funds, the requirements of 23 U.S.C. 320 would suffice without the need for duplicative regulations.
This lack of funding underscores the regulations' obsolescence. Subpart H's requirements, such as certifications of economic desirability under 23 CFR 630.803, have seen no practical application in recent decades, making their maintenance an unnecessary administrative artifact.
Implications and Perspectives
From a short-term perspective, the rescission imposes no immediate costs or disruptions, as confirmed in FHWA's rulemaking analyses. It qualifies as a deregulatory action under Executive Order 14192, with unquantified benefits including reduced complexity for stakeholders consulting federal requirements. Entities like state DOTs and federal dam agencies, such as the Bureau of Reclamation or Army Corps of Engineers, may find it easier to reference a single statute rather than cross-referencing outdated rules.
Long-term implications could involve broader federal efforts to eliminate redundant regulations, potentially encouraging similar reviews in other transportation sectors. However, perspectives differ: supporters of deregulation view this as a step toward efficiency, aligning with principles in Executive Orders 12866 and 13563, which prioritize avoiding unnecessary rules. Critics, as reflected in the sole public comment, may see it as part of a trend weakening oversight, though FHWA dismissed this due to the comment's lack of specificity.
Legal precedents reinforce FHWA's position. The statute's clarity echoes judicial interpretations favoring plain-language readings, as in cases like King v. Burwell (2015), where courts upheld statutory text without needing supplementary regulations. No direct litigation has challenged Subpart H, further indicating its minimal relevance.
In the conclusion of this analysis, the rescission of 23 CFR Part 630, Subpart H marks a pragmatic update to federal transportation rules, eliminating duplication while preserving statutory safeguards. Potential next steps could include congressional action to restore funding if infrastructure needs arise, prompting states to engage under 23 U.S.C. 320. Ongoing debates may center on balancing deregulation with robust oversight, especially as climate change and aging infrastructure heighten demands on federal dams and highways. Challenges ahead involve ensuring that any future projects adhere to environmental and safety standards without the crutch of obsolete rules, fostering collaboration among federal agencies, states, and stakeholders.
