Rule2025-16008
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
August 21, 2025
Effective
September 22, 2025
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
FHWA rescinds a specific labeling provision of the rule issued on March 30, 1990, on Advance Construction of Federal-aid Projects.
Full Text
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<title>Federal Register, Volume 90 Issue 160 (Thursday, August 21, 2025)</title>
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[Federal Register Volume 90, Number 160 (Thursday, August 21, 2025)]
[Rules and Regulations]
[Pages 40736-40737]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16008]
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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), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FHWA rescinds a specific labeling provision of the rule issued
on March 30, 1990, on Advance Construction of Federal-aid Projects.
DATES: This final rule is effective September 22, 2025.
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#672609130f08091e492302340e0a0809022703081349000811"><span class="__cf_email__" data-cfemail="7f3e110b17101106513b1a2c161210111a3f1b100b51181009">[email protected]</span></a>. For legal
questions, please contact Mr. Michael Harkins, FHWA Office of Chief
Counsel, 202-366-1523, or via email at <a href="/cdn-cgi/l/email-protection#2d60444e454c484103654c5f4644435e6d494259034a425b"><span class="__cf_email__" data-cfemail="0d40646e656c686123456c7f6664637e4d696279236a627b">[email protected]</span></a>. Office
hours for FHWA are from 8:00 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, as well as the notice of proposed rulemaking (NPRM),
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 rescinding a specific provision of its rule on Advance
Construction of Federal-Aid Projects, which was originally promulgated
on December 8, 1983, at 48 FR 54972, and later amended on March 30,
1990, at 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. AC is authorized under 23
U.S.C. 115. Under the statute, FHWA \1\ may authorize a State to
proceed with a project authorized under Title 23 of the U.S. Code
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
eligible Federal funds are made available for the project. For the
reasons explained below, FHWA is rescinding a specific provision of
those regulations, 23 CFR 630.705(b), as FHWA has determined it is
unnecessary.
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\1\ Authority to administer 23 U.S.C. 115 is delegated to the
FHWA under 49 CFR 1.85.
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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 at 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 March 30, 1990, 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 at 11902. Through this
1990 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 at 11903. This provision, 23 CFR 630.705(b),
has not been changed subsequently.
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 eliminating this regulatory
provision.
On May 30, 2025, at 90 FR 22872, FHWA published an NPRM proposing
to rescind 23 CFR 630.705(b) and sought comment on all aspects of that
proposal. The FHWA did not receive any public comments on its proposal
and now adopts the proposal without change.
II. Rulemaking Analyses and Notices
A. Executive Order 12866 (Regulatory Planning and Review), Executive
Order 13563 (Improving Regulation and Regulatory Review), and DOT
Regulatory Policies and Procedures
This rule does not meet the criteria of a ``significant regulatory
action'' under Executive Order (E.O.) 12866, as amended by E.O. 14215
and E.O. 13563. Therefore, the Office of Management and Budget (OMB)
has not reviewed this rule under those orders.
This rule rescinds regulations that are not in alignment with
current FHWA process. For that reason, FHWA does not believe there are
any costs to this rulemaking. FHWA anticipates some unquantified cost-
savings associated
[[Page 40737]]
with the removal of unnecessary provisions from the CFR.
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. E.O. 14192 (Unleashing Prosperity Through Deregulation)
This final rule is an E.O. 14192 deregulatory action. Cost-savings
are not quantified.
C. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (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 removes an outdated
provision that is not consistent with current FHWA processes.
D. Unfunded Mandates Reform Act
This 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. E.O. 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 OMB control number. This 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 National Environmental
Policy Act (NEPA) and has determined that it is categorically excluded
under 23 CFR 771.117(c)(20), 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 rule, and no unusual circumstances are present under 23 CFR
771.117(b).
H. E.O. 13175 (Tribal Consultation)
E.O. 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 rule
on Indian tribes and determined that this rule would not have Tribal
implications that require consultation under E.O. 13175.
I. Regulation Identifier Number
A Regulation Identifier Number (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 amends 23 Code of
Federal Regulations 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. 2025-16008 Filed 8-20-25; 8:45 am]
BILLING CODE 4910-22-P
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</html>Indexed from Federal Register on August 21, 2025.
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