Proposed Rule2025-09737
Rescinding Regulations on Procedures for Advance Construction of Federal-aid Projects
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
May 30, 2025
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
FHWA proposes to rescind a specific provision of the rule and regulations issued on March 30, 1990, Advance Construction of Federal- aid Projects.
Full Text
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<title>Federal Register, Volume 90 Issue 103 (Friday, May 30, 2025)</title>
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[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Proposed Rules]
[Pages 22872-22873]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09737]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 630
[Docket No. FHWA-2025-0019]
RIN 2125-AG26
Rescinding Regulations on Procedures for Advance Construction of
Federal-aid Projects
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking.
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SUMMARY: FHWA proposes to rescind a specific provision of the rule and
regulations issued on March 30, 1990, Advance Construction of Federal-
aid Projects.
DATES: Comments must be received on or before June 30, 2025.
ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, 1200 New Jersey Avenue SE,
Washington, DC 20590, or submit electronically at <a href="http://www.regulations.gov">www.regulations.gov</a>.
All comments should include the docket number that appears in the
heading of this document. All comments received will be available for
examination and copying at the above address from 9 a.m. to 5 p.m.,
E.T., Monday through Friday, except Federal holidays. Those desiring
notification of receipt of comments must include a self-addressed,
stamped postcard or may print the acknowledgment page that appears
after submitting comments electronically. Anyone is able to search the
electronic form of all comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477) or you may visit
<a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: For questions about this rulemaking,
please contact Mr. Anthony DeSimone, FHWA Office of Infrastructure,
317-226-5307, or via email at <a href="/cdn-cgi/l/email-protection#5e1f302a36313027701a3b0d373331303b1e3a312a70393128"><span class="__cf_email__" data-cfemail="adecc3d9c5c2c3d483e9c8fec4c0c2c3c8edc9c2d983cac2db">[email protected]</span></a>. For legal
questions, please contact Mr. David Serody, FHWA Office of Chief
Counsel, 202-366-4241, or via email at <a href="/cdn-cgi/l/email-protection#2e6a4f58474a007d4b5c414a576e4a415a00494158"><span class="__cf_email__" data-cfemail="9dd9fcebf4f9b3cef8eff2f9e4ddf9f2e9b3faf2eb">[email protected]</span></a>. Office
hours for FHWA are from 8 a.m. to 4:30 p.m., eastern time (E.T.),
Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
This document and all comments received may be viewed online at
<a href="http://www.regulations.gov">www.regulations.gov</a> using the docket number listed above. Electronic
retrieval assistance and guidelines are available on the website. It is
available 24 hours each day, 365 days each year. An electronic copy of
this document may also be downloaded from the Office of 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>.
I. General Discussion
FHWA is proposing to rescind a specific provision of the rule
issued on December 8, 1983, via 48 FR 54972, Advance Construction of
Federal-Aid Projects, as amended on March 30, 1990, via 55 FR 11902.
This provision is part of FHWA regulations, codified at 23 CFR part
630, subpart G, that prescribe procedures for advancing the
construction of Federal-aid highway projects without obligating Federal
funds apportioned or allocated to the State, known as Advance
Construction (AC). 23 CFR 630.701. Advance construction is authorized
under 23 U.S.C. 115; under the statute, FHWA may authorize a State to
proceed with a project authorized under title 23, U.S.C. without the
use of Federal funds while preserving eligibility for future Federal-
aid funds. After an AC project is authorized, the State may convert the
project to regular Federal-aid funding provided Federal funds are made
available for the project. For the reasons explained below, FHWA is
proposing to rescind a specific provision of those regulations, 23 CFR
630.705(b), as FHWA believes that this provision is unnecessary.
On December 8, 1983, FHWA issued a regulation revising FHWA's
regulations concerning AC projects that existed at the time. Among the
changes made, FHWA revised 23 CFR 630.703 to state: ``Project
designations [for advance construction projects] shall be the same as
for regular Federal-aid projects except that until the project is
converted to a regular Federal-aid project, the prefix letters `AC' for
advance construction shall be used as the first letters of each project
designation.'' See 48 FR 54974. In issuing this provision, the preamble
only stated that ``[p]rovisions for submitting programs and making
project designations for advance construction projects now comprise
Sec. 630.703.'' On June 9, 1989, FHWA revised its AC regulations,
moving the contents of what was previously 23 CFR 630.703 to 23 CFR
630.705, while only noting that regular AC procedures would then be
contained in 23 CFR 630.705. See 55 FR 11902. Through this 1989 rule,
FHWA modified 23 CFR 630.705(b) to read: ``Project numbers shall be
identified by the letters `AC' preceding the regular project number
prefix.'' See 55 FR 11903. This provision, 23 CFR 630.705(b) has not
been changed since.
The Secretary of Transportation is pursuing a new policy to reduce
regulatory burdens wherever possible. Under that policy, unless a
regulatory standard is required by statute, the Secretary proposes
eliminating that requirement. The requirements in 23 CFR 630.705(b) are
not required by 23 U.S.C. 115. In addition, FHWA's current process of
determining which projects are advance construction projects, versus
Federal-aid projects where Federal-aid funds have already been
obligated, does not require the use of the prefix ``AC.'' Accordingly,
FHWA is proposing to eliminate this regulatory provision.
II. 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 proposed rule does not meet the criteria of a ``significant
regulatory action'' under Executive Order 12866, as amended by
Executive Orders 14215 and 13563. Therefore, the Office of
[[Page 22873]]
Management and Budget (OMB) has not reviewed this rule under those
orders.
This proposed rule would rescind regulations that are not in
alignment with current FHWA process. For that reason, FHWA does not
believe there are any costs to this rulemaking, as opposed to the
deregulatory benefit of removing unnecessary provisions from the Code
of Federal Regulations.
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 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 rule is not an E.O. 14192 regulatory action. This rulemaking
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 agency and would not materially alter the
budgetary impacts of any entitlements, grants, user fees, or loan
programs. Consequently, a full regulatory evaluation is not required.
C. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA) (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.), 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 an 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 rule would only remove a
provision that is not in accordance with current FHWA processes.
D. Unfunded Mandates Reform Act
This proposed rule would 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. The FHWA has determined that this
action does not have sufficient federalism implications to warrant the
preparation of a federalism assessment. The FHWA has also determined
that this action does 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), an 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 Office of Management and Budget
(OMB) control number. This proposed 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 NEPA and has determined
that it is categorically excluded under 23 CFR 771.117(c)(2), 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 not
in accordance with current FHWA processes. FHWA does not anticipate any
adverse environmental impacts from this proposed rule, and no unusual
circumstances are present under 23 CFR 771.117(b).
H. Executive Order 13175 (Tribal Consultation)
Executive Order 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 proposed rule on Indian tribes and determined that this rule
would not have tribal implications that require consultation under
Executive Order 13175.
I. Regulation Identifier Number
A 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://regulations.gov">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.
Gloria M. Shepherd,
Executive Director, Federal Highway Administration.
For the reasons stated in the preamble, FHWA proposes to amend 23
CFR part 630 as set forth below:
PART 630--PRECONSTRUCTION PROCEDURES
0
1. The authority citation for part 630 continues to read as follows:
Authority: 23 U.S.C. 106, 109, 112, 115, 315, 320, and 402(a);
Sec. 1110, 1501, and 1503 of 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; 23 CFR 1.32 and 49 CFR 1.81
and 1.85, and Pub. L. 112-141, 126 Stat. 405, sections 1303 and
1405.
Sec. 630.705 [Amended]
0
2. Amend Sec. 630.705 by removing and reserving paragraph (b).
[FR Doc. 2025-09737 Filed 5-27-25; 4:15 pm]
BILLING CODE 4910-22-P
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