Rule2025-21780
Rescinding Requirements Regarding Federal-Aid Contracts for Appalachian Contracts
Primary source
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Published
December 3, 2025
Effective
January 2, 2026
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
FHWA rescinds the regulations related to Federal-Aid Contracts (Appalachian Contracts), issued on September 30, 1974 because they are unnecessary, outdated, and duplicative of other statutory and regulatory requirements.
Full Text
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<title>Federal Register, Volume 90 Issue 230 (Wednesday, December 3, 2025)</title>
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[Federal Register Volume 90, Number 230 (Wednesday, December 3, 2025)]
[Rules and Regulations]
[Pages 55648-55649]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21780]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 633
[Docket No. FHWA-2025-0013]
RIN 2125-AG11
Rescinding Requirements Regarding Federal-Aid Contracts for
Appalachian Contracts
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FHWA rescinds the regulations related to Federal-Aid Contracts
(Appalachian Contracts), issued on September 30, 1974 because they are
unnecessary, outdated, and duplicative of other statutory and
regulatory requirements.
DATES: This final rule is effective January 2, 2026.
FOR FURTHER INFORMATION CONTACT: Mr. Anthony DeSimone, Office of
Infrastructure, (317) 226-5307, <a href="/cdn-cgi/l/email-protection#f1909f85999e9f88df959482989c9e9f94b1959e85df969e87"><span class="__cf_email__" data-cfemail="abcac5dfc3c4c5d285cfced8c2c6c4c5ceebcfc4df85ccc4dd">[email protected]</span></a>; or Mr.
Michael Harkins, Office of Chief Counsel, (202) 366-1523,
<a href="/cdn-cgi/l/email-protection#88c5e1ebe0e9ede4a6e0e9fae3e1e6fbc8ece7fca6efe7fe"><span class="__cf_email__" data-cfemail="a9e4c0cac1c8ccc587c1c8dbc2c0c7dae9cdc6dd87cec6df">[email protected]</span></a>, Federal Highway Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590. Office hours are from 8 a.m. to
4:30 p.m., 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 through the Federal
eRulemaking portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. The website is available 24
hours each day, 365 days each year. An electronic copy of this document
may also be downloaded by accessing the Office of the Federal
Register's home page 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>.
Background
FHWA is rescinding the rule issued on September 30, 1974, Federal-
Aid Contracts (Appalachian Contracts), at 39 FR 35146, as amended on
October 21, 1975, by 40 FR 49084 and on March 1, 1976, by 41 FR 8769,
amending 23 CFR part 633, subpart B. The rule being rescinded provided
policies and procedures for administering projects and funds for the
Appalachian Development Highway System (ADHS) and Appalachian local
access roads. 23 CFR 633.201. FHWA rescinds the entire subpart B of
part 633.
This subpart concerns projects for the ADHS and Appalachian local
access roads. Under section 14501 of title 40 of the United States Code
(U.S.C.), the Secretary of Transportation may assist in the
construction of the ADHS and local access roads serving the Appalachian
region, and Congress has appropriated funds for this purpose. While
such Appalachian projects have been, are being, and likely will
continue to be constructed, FHWA does not find it necessary to maintain
the current regulations to administer such construction. This subpart
is being rescinded because it is substantially outdated and duplicative
of other statutory and regulatory sections.
Further, the rescission of this rule does not affect the
application of the use of special preference to materials and products
indigenous to the region, or the use of coal derivatives as provided in
40 U.S.C. 14501(d), implementation of Executive Order (E.O.) 14261
(April 8, 2025), ``Reinvigorating America's Beautiful Clean Coal
Industry and Amending E.O. 14241,'' and applicable wage rates as
required under 40 U.S.C. 14701.
On May 30, 2025, at 90 FR 22878, FHWA published an NPRM proposing
to rescind 23 CFR part 633, subpart B, and sought comments on all
aspects of that proposal. FHWA received one comment on its NPRM
expressing general disagreement with deregulation but no substantive
comment on the proposal. As such, FHWA now adopts the proposal without
change.
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 final rule does not meet the criteria of a ``significant
regulatory action'' under E.O. 12866, as amended by E.O. 14215 and
13563. Therefore, the Office of Management and Budget (OMB) has not
reviewed this rulemaking under those orders.
This rescission removes regulations that FHWA believes are
outdated, duplicative, and unnecessary. FHWA believes there may be some
cost savings from this rescission, such as cost savings from not having
to include unnecessary contract provisions. FHWA, however, does not
have data on the extent of those savings. FHWA sought comments on any
impacts that could result from removing the provisions identified in
this final rule but did not receive any additional information.
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 Federal 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 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.), Federal Agencies must prepare and make available
for public comment a regulatory flexibility analysis that describes the
effect of the rulemaking on small entities (i.e., small businesses,
small organizations, and small government jurisdictions). No regulatory
flexibility analysis is required, however, if the head of a Federal
Agency or an appropriate designee certifies that the rulemaking 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 rescission would
only remove requirements that FHWA believes are outdated and
unnecessary.
D. Unfunded Mandates Reform Act
This rulemaking does 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. FHWA has determined that this action
does not have sufficient federalism implications to warrant the
preparation of a federalism assessment. FHWA has also determined that
this action would not preempt any State law or State regulation or
affect the States' ability to
[[Page 55649]]
discharge traditional State governmental functions.
F. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520), a Federal 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)(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
rescinds an outdated regulation and does not require any new Federal
actions or procedures. FHWA does not anticipate any adverse
environmental impacts from this rule, and no unusual circumstances are
present under 23 CFR 771.117(b).
H. Executive Order 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://www.regulations.gov">www.regulations.gov</a>, under the docket number.
List of Subjects in 23 CFR Part 633
Appalachia contracts bidding and implementation, Construction labor
and materials, Maintenance, Project agreements, Project funding
allocation and obligation.
Issued in Washington, DC, under authority delegated in 49 CFR
1.85.
Sean McMaster,
Administrator, Federal Highway Administration.
For the reasons stated in the preamble, under the authority of 23
U.S.C. 315, 49 CFR 1.81, and 1.85, FHWA amends 23 CFR part 633 as set
forth below:
PART 633--REQUIRED CONTRACT PROVISIONS
0
1. Add an authority citation for part 633 to read as follows:
Authority: 23 U.S.C. 114 and 315; 49 CFR 1.48.
Subpart B--[Removed and Reserved]
0
2. Remove and reserve subpart B, consisting of Sec. Sec. 633.201
through 633.211 and appendices A through D.
[FR Doc. 2025-21780 Filed 12-2-25; 8:45 am]
BILLING CODE 4910-22-P
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</html>Indexed from Federal Register on December 3, 2025.
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