Rule2026-09276
Rescinding Requirements Regarding Required Contract Provisions for Federal-Aid Construction Contracts (Other Than Appalachian Contracts)
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 11, 2026
Effective
June 10, 2026
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
FHWA is rescinding the rule and certain regulations issued on October 2, 1987, Required Contract Provisions, because they are no longer necessary.
Full Text
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<title>Federal Register, Volume 91 Issue 90 (Monday, May 11, 2026)</title>
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[Federal Register Volume 91, Number 90 (Monday, May 11, 2026)]
[Rules and Regulations]
[Pages 25492-25493]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09276]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 633
[Docket No. FHWA-2025-0012]
RIN 2125-AG19
Rescinding Requirements Regarding Required Contract Provisions
for Federal-Aid Construction Contracts (Other Than Appalachian
Contracts)
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FHWA is rescinding the rule and certain regulations issued on
October 2, 1987, Required Contract Provisions, because they are no
longer necessary.
DATES: This final rule is effective June 10, 2026.
FOR FURTHER INFORMATION CONTACT: Mr. James DeSanto, Office of
Infrastructure, (614) 357-8515, <a href="/cdn-cgi/l/email-protection#8ae0ebe7eff9a4eeeff9ebe4fee5caeee5fea4ede5fc"><span class="__cf_email__" data-cfemail="87ede6eae2f4a9e3e2f4e6e9f3e8c7e3e8f3a9e0e8f1">[email protected]</span></a>; or Mr. William
Winne, Office of Chief Counsel, (202) 366-1397, <a href="/cdn-cgi/l/email-protection#f2859b9e9e9b939fdc859b9c9c97b2969d86dc959d84"><span class="__cf_email__" data-cfemail="88ffe1e4e4e1e9e5a6ffe1e6e6edc8ece7fca6efe7fe">[email protected]</span></a>,
Federal Highway Administration, 1200 New Jersey Avenue SE, Washington,
DC 20590. Office hours are from 8:00 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 portions of the rule issued on October 2, 1987,
Required Contract Provisions for Federal-Aid Construction Contracts
(Other than Appalachian Contracts), at 52 FR 36920, as amended on
February 13, 2004, by 69 FR 7118, amending 23 CFR part 633 subpart A.
The rule prescribed the method of inclusion of construction contract
provisions required by existing statute and regulations. 23 CFR
633.101. Under the regulation, FHWA required Form FHWA-1273, ``Required
Contract Provisions, Federal-aid Construction Contracts'' be physically
incorporated in each Federal-aid highway construction contract, other
than Appalachian construction contracts (23 CFR 633.102(b)) and any
lower tier subcontracts that may be made (23 CFR 633.102(e)).
On May 30, 2025, at 90 FR 22876, FHWA published an NPRM to rescind
the regulation requiring the use of Form FHWA-1273 and sought comments
on all aspects of that proposal. FHWA received one comment in support
of its proposal and now adopts the proposal without change.
FHWA finds the requirement to include Form FHWA-1273 unnecessary.
To the extent provisions under other statutes or regulations currently
listed in Form FHWA-1273 are required to be included in a construction
contract, those provisions still must be included in the contract.
Further, FHWA is not eliminating Form FHWA-1273 and will continue to
make updates as necessary due to changes in applicable statutes or
regulations. To the extent recipients, subrecipients, and contractors
elect to use Form FHWA-1273 to satisfy their obligations, FHWA intends
allowing them to continue to do so. FHWA is merely eliminating the
requirement that those entities must use Form FHWA-1273 to fulfill
these obligations. Those entities may choose other ways, besides
incorporating Form FHWA-1273, if they find such alternatives
preferrable.
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 rule does not meet the criteria of a ``significant regulatory
action'' under Executive Order (E.O.) 12866, as amended by E.O. 14215
and 13563. Therefore, the Office of Management and Budget (OMB) has not
reviewed this rule under those orders.
This rule removes the requirement that Form FHWA-1273, which itself
contains contract provisions required by statute and regulation, be
physically incorporated into construction contracts. It does not remove
the requirement for contract provisions within Form FHWA-1273 that are
required by statute and regulation to be incorporated into construction
contracts. As such, while FHWA is removing the requirement to use a
single mechanism to ensure compliance, it is not removing the
underlying requirements. For that reason, FHWA believes any monetary
benefits or costs to this rule would be minimal.
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 final rule is an E.O. 14192 deregulatory action. Cost-savings
are not quantified.
C. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA) (5 United States Code
(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 describing 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
the rule will not have a significant economic impact on a substantial
number of small entities. FHWA has concluded and hereby certifies 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 rescind the requirement to incorporate Form FHWA-
1273 in construction contracts. It does not add or remove any
requirements referenced in Form FHWA-1273 that may continue to be
applicable.
[[Page 25493]]
D. Unfunded Mandates Reform Act
This rule 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 this action does
not have sufficient federalism implications to warrant the preparation
of a federalism assessment. FHWA has also determined this action would
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 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
removes the requirement to physically incorporate Form FHWA-1273 in
construction contracts. It does not affect the requirements referenced
in Form FHWA-1273 that may otherwise be applicable. 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
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 this rule would not have tribal
implications requiring 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
Grant programs--transportation, Highways and roads, Reporting and
recordkeeping requirements.
Issued in Washington, DC, under authority delegated in 49 CFR
1.85.
Sean McMaster,
Administrator, Federal Highway Administration.
PART 633--[REMOVED AND RESERVED]
0
For the reasons stated in the preamble, under the authority of 23
U.S.C. 114 and 315, 49 CFR 1.48, FHWA removes and reserves 23 Code of
Federal Regulations part 633.
[FR Doc. 2026-09276 Filed 5-8-26; 8:45 am]
BILLING CODE 4910-22-P
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</html>Indexed from Federal Register on May 11, 2026.
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