Amendments to CFTC Rules of Practice and Rules Relating to Investigations

55642 Federal Register / Vol. 90, No. 230 / Wednesday, December 3, 2025 / Rules and Regulations ADDRESSES: A copy of the notice of proposed rulemaking (NPRM), all comments received, this final rule, and all background material may be viewed online at www.regulations.gov using the FAA Docket number. Electronic retrieval help 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 www.federalregister.gov. FAA Order JO 7400.11K, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/ publications/. You may also contact the Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222–5711. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it revokes the Class E airspace at the affected airport as it is no longer justified as a result of the cancellation of instrument flight procedures at the airport. History The FAA published an NPRM for Docket No. FAA–2025–2304 in the Federal Register (90 FR 40539; August 20, 2025) proposing to revoke the Class E airspace at Oakwood, TX. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. Three (3) comments were received. Two (2) comments support the action, and one (1) comment is substantively unrelated to the action proposed. No responses are provided. Incorporation by Reference Class E airspace designations are published in paragraph 6005 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document amends the current version of that order, FAA Order JO 7400.11K, dated August 4, 2025, and effective September 15, 2025. These amendments will be published in the next update to FAA Order JO 7400.11. FAA Order JO 7400.11K, which lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points, is publicly available as listed in the ADDRESSES section of this document. The Rule This action amends 14 CFR part 71 by removing the Class E airspace extending upward from 700 ft above the surface at Carter Ranch Airport, Oakwood, Texas, due to the instrument procedures being cancelled and the controlled airspace no longer being justified. Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1G, ‘‘FAA National Environmental Policy Act Implementing Procedures,’’ Paragraph B–2.5(a). This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. Lists of Subjects in 14 CFR 71 Airspace, Incorporation by reference, Navigation (air). The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS ■ 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 [Amended] ■ 2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11K, Airspace Designations and Reporting Points, dated August 4, 2025, and effective September 15, 2025, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth.

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ASW TX E5 Oakwood, TX [Remove]

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Issued in Fort Worth, Texas, on December 1, 2025. Jerry J. Creecy, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2025–21811 Filed 12–2–25; 8:45 am] BILLING CODE 4910–13–P COMMODITY FUTURES TRADING COMMISSION 17 CFR Parts 10 and 11 RIN 3038–AF44 Amendments to CFTC Rules of Practice and Rules Relating to Investigations AGENCY: Commodity Futures Trading Commission. ACTION: Final rule. SUMMARY: The Commodity Futures Trading Commission (‘‘CFTC’’ or ‘‘Commission’’) is amending its Rules of Practice and its Rules Relating to Investigations. The revised Rules of Practice enhance the transparency of the Commission’s enforcement proceedings, specifying that the Commission can accept an offer of settlement by order of the Commission and establishing requirements for the form and content of recommendation memos provided by the Division of Enforcement to the Commission when recommending an offer of settlement. The revised Rules VerDate Sep<11>2014 15:55 Dec 02, 2025 Jkt 268001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\03DER1.SGM 03DER1 lotter on DSK11XQN23PROD with RULES1

Federal Register / Vol. 90, No. 230 / Wednesday, December 3, 2025 / Rules and Regulations 55643 1Section 2a(11), 7 U.S.C. 2a(12), authorizes the Commission to promulgate such rules and regulations as it deems necessary to govern the operating procedures and conduct of the business of the Commission. Relating to Investigations revise the applicable procedures when the Division of Enforcement notifies persons who may be named in an enforcement action, including that the notification or confirmation of the notice be in writing. DATES: This rule is effective on December 3, 2025. FOR FURTHER INFORMATION CONTACT: James G. Wheaton, Special Counsel to the Director of Enforcement, Division of Enforcement, at (646) 746–9752 or jwheaton@cftc.gov, Commodity Futures Trading Commission, 290 Broadway 6th Floor, New York, NY 10007. SUPPLEMENTARY INFORMATION: The Commodity Futures Trading Commission is amending its rules of practice and its rules relating to investigations. The Commission is authorized to promulgate this rule under section 2(a)(12) of the Commodity Exchange Act (‘‘the Act’’).1 The revisions fall into five categories: (1) revisions in part 10 to clarify the definition of adjudicatory proceedings to include an order by the Commission instituting proceedings pursuant to the Act, making findings, and imposing remedial sanctions; (2) revisions to part 10 removing references to regulations that are no longer effective or to communications by facsimile machine; (3) revisions to part 10 to clarify that the Commission can accept an offer of settlement by an order; (4) revisions to part 10 establishing certain requirements for the form of the recommendation memorandum that the Division of Enforcement (‘‘Division’’) provides to the Commission when recommending that the Commission accept an offer of settlement; and (5) revisions to appendix A to part 11 detailing the procedures to be used when the Division chooses to inform persons who may be named in a proposed enforcement proceeding of the nature of the allegations pertaining to them as well as the procedure to be followed by such persons in submitting a written response to the Division. I. Revisions to Part 10 Rules of Practice The Commission is revising part 10, Rules of Practice, in four ways. First, the Commission is revising the definition of adjudicatory proceedings in § 10.2(b) to clarify that adjudicatory proceedings under the Rules of Practice include the issuance of an order by the Commission instituting proceedings pursuant to the Act, making findings, and imposing remedial sanctions. Second, the Commission is revising § 10.1(i) to remove a reference to no longer effective provisions of part 13 of the Commission’s regulations. Third, the Commission is removing references to communications by fax from §§ 10.4 and 10.12. Fourth, the Commission is revising § 10.108(d) to clarify that in lieu of adjudicatory proceedings under subpart B of part 10, the Commission may accept an offer of settlement by order instituting proceedings pursuant to the Act, and making findings and imposing remedial sanctions, and that the Commission can determine to accept an offer of settlement in lieu of an adjudicatory proceeding either by Commission meeting or by the Commission’s seriatim process. To ensure that the Commission has the information necessary to evaluate a matter, the revisions require the Division to include certain information with its recommendation that the Commission accept an offer of settlement. In particular, the revisions require the Division must provide an objective memorandum that adheres to the applicable rules of professional conduct, provides a comprehensive explanation of the factual and legal foundation for the recommendation, and distinguishes unfavorable facts or legal precedents. In addition, to ensure a complete and accurate administrative record, the Division’s recommendation memorandum must be supported by citations to evidence in the investigative record or to stipulations by the parties, and legal arguments must be supported by points and authorities. II. Revisions to Part 11 Rules Relating to Investigation Appendix A to Part 11—Informal Procedure Relating to the Recommendation of Enforcement Proceedings The Commission is making several revisions to this procedure, which applies to when the Division, in its discretion, chooses to inform persons who may be named in a proposed enforcement proceeding of the nature of the allegations pertaining to them. While the Division can decide whether it will provide such notice, the revised procedure details the requirements for such notice if given. Under the revised appendix A, the notice should be provided in writing when possible, and, if given orally, is to be followed by written confirmation. The revisions promote transparency to entities or individuals who may be named in a proposed enforcement proceeding by requiring that the written notice or confirmation of oral notice identifies the specific charges that the Division has made preliminary determinations to recommend to the Commission. The revisions also state that the Division may provide information regarding the facts and circumstances that form the basis for the recommendation by referring to specific evidence. Establishing that the Division can choose to disclose specific evidence learned during the investigation promotes transparency and enhances the Division’s ability to have productive dialogues with the entity or individual who may be named. While the Division still maintains the discretion to advise entities or individuals who may be named that they may submit a written statement prior to consideration of a staff recommendation, the revised appendix A modifies the procedures surrounding such a response. The revised appendix A provides that a potential respondent shall have at least 30 days to submit a response, rather than having to submit within 14 days as required by the prior version of appendix A. The amended procedures only permit the Division to require a submission be made in a shorter period if there is both good cause and the approval of specified senior attorneys, a change from the prior version which did not explicitly require good cause. This revision is designed to ensure that respondents have adequate time to respond. The revised appendix A also states that a person submitting a written statement may request that the statement be provided to the Commission ‘‘promptly,’’ a requirement that may expedite consideration of the matter in some cases and, when used, may inform the Commission about the pending matter at an earlier stage than the previous Appendix A, which contemplated providing respondent responses to the Commission when the Division made its recommendation to the Commission rather than when the response was initially received. Finally, the Revision states that all written statements will be forwarded to the Commission, a change from the previous version which only required that written submissions be forwarded to the Commission upon request of the submitter. This provision helps to ensure that the Commission has an accurate and complete record on which to base decisions if the Division ultimately does recommend the commencement of an enforcement action. 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55644 Federal Register / Vol. 90, No. 230 / Wednesday, December 3, 2025 / Rules and Regulations 2 5 U.S.C. 553 et seq. 3 5 U.S.C. 553(b)(3)(A). 4 5 U.S.C. 553(b)(3)(B). 5 5 U.S.C. 601 et seq. 6 5 U.S.C. 601(2). 7See supra notes 3 and 4. 8 5 U.S.C. 3501 et seq. 9 7 U.S.C. 19(a). 10 7 U.S.C. 19(b). III. Related Matters A. Notice Requirement The Administrative Procedure Act (‘‘APA’’) 2 requires federal agencies to publish a notice of proposed rulemaking and provide an opportunity for public comment before issuing a new rule. Rules are exempt from notice and comment if they are interpretive rules, general statements of policy, or rules of agency organization, procedure, or practice.3 The Commission has determined that this exception applies. These amendments apply to agency procedure and practice, as they pertain to the procedures by which the Commission settles adjudicatory proceedings, the Division of Enforcement makes settlement recommendations to the Commission, and the Division of Enforcement, in its discretion, makes persons aware of potential allegations against them. Furthermore, an agency may also issue a new rule without a pre-publication public comment period when it for ‘‘good cause’’ finds that prior notice and comment is ‘‘impracticable, unnecessary, or contrary to the public interest.’’ 4 If made effective immediately, these amendments to parts 10 and 11 will promote efficiency and facilitate the Commission’s core mission without imposing any new burden on market participants or the public. B. Regulatory Flexibility Act The Regulatory Flexibility Act 5 requires the Commission to consider whether the regulations it adopts will have a significant economic impact on a substantial number of small entities. The Commission is obligated to conduct a regulatory flexibility analysis for any rule for which the agency publishes a general notice of proposed rulemaking pursuant to section 553(b) of the Administrative Procedure Act or any other law.6 This rulemaking is excepted from the public rulemaking provisions of the Administrative Procedure Act.7 Accordingly, the Commission is not required to conduct a regulatory flexibility analysis for this rulemaking. C. Paperwork Reduction Act The Paperwork Reduction Act (‘‘PRA’’) 8 imposes certain requirements on federal agencies in connection with their conducting or sponsoring any collection of information. This proposed rule does not contain any new collection of information requirements within the meaning of the PRA. Accordingly, the requirements imposed by the PRA are not applicable to this rule. D. Cost-Benefit Considerations Section 15(a) of the CEA 9 requires the Commission to consider the costs and benefits of its actions before promulgating a regulation under the CEA or issuing certain orders. Section 15(a) further specifies that the costs and benefits shall be evaluated considering five broad areas of market and public concern: (1) Protection of market participants and the public; (2) efficiency, competitiveness, and financial integrity of the futures markets; (3) price discovery; (4) sound risk management practices; and (5) other public interest considerations. The Commission considers the costs and benefits resulting from its discretionary determinations with respect to the section 15(a) factors. The Commission may, in its discretion, give greater weight to any of the five enumerated areas of concern, and may, in its discretion, determine that, notwithstanding its costs, a particular rule is necessary or appropriate to protect the public interest, or to effectuate any of the provisions, or to accomplish any of the purposes, of the CEA. The Commission considers the costs and benefits resulting from its discretionary determinations with respect to the section 15(a) factors. The Commission identifies and considers the benefits and costs of the final rule relative to the baseline of those generated by the current statutory and regulatory framework applicable to the issues addressed by this final rule, i.e., the current status quo. The baseline is the current rules of practice in part 10 with regards to adjudicatory proceedings and appendix A to part 11 detailing the procedures to be used when the Division chooses to inform entities or individuals who may be named in a proposed enforcement proceeding and the procedures surrounding the submission of a response prior to consideration of a staff recommendation. As discussed above, the Commission is revising part 10 to: (1) clarify the definition of adjudicatory proceedings to include in that definition an order by the Commission instituting proceedings pursuant to the Act, making findings, and imposing remedial sanctions; (2) remove references to regulations that are no longer effective or to communications by facsimile machine; (3) clarify that the Commission can accept an offer of settlement by an order; (4) establish certain requirements for the form of the recommendation memorandum that the Division provides to the Commission when recommending that the Commission accept an offer of settlement. In addition, the Commission is revising appendix A to part 11 detailing the procedures to be used when the Division chooses to inform persons who may be named in a proposed enforcement proceeding of the nature of the allegations pertaining to them as well as the procedure to be followed by such persons in submitting a written response to the Division. The proposed amendments to parts 10 and 11 relate solely to agency organization, procedure and practice. The clarification of § 10.2(b) should reduce any burdens on market participants caused by any confusion interpreting the current definition. The amendment to § 10.108 is procedural regarding internal Commission procedures and does not impose any new burdens on outside entities. The amendment to the part 11 appendix reduces burdens by providing more time for potential respondents to submit responses, and by providing more clarity regarding potential charges and evidence. Taken collectively, these amendments will have no cost to the market or the public, and there is only a de minimis cost for Commission staff to provide documents already within the Division of Enforcement’s control or produce a recommendation memorandum in a particular format. The Commission has considered the costs and benefits of this amendment and has concluded that, with regard to the public interest consideration, the rule is fully consistent with the public interest and with the requirements and prohibitions of the Commodity Exchange Act. E. Antitrust Considerations Section 15(b) of the CEA requires the Commission to take into consideration the public interest to be protected by the antitrust laws and endeavor to take the least anticompetitive means of achieving the objectives of the CEA in issuing any order or adopting any Commission rule or regulation.10 The Commission does not anticipate that the proposed amendments to parts 10 and 11 will result in anticompetitive behavior because the Commission would simply be updating certain internal procedures and in some cases VerDate Sep<11>2014 15:55 Dec 02, 2025 Jkt 268001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\03DER1.SGM 03DER1 lotter on DSK11XQN23PROD with RULES1

Federal Register / Vol. 90, No. 230 / Wednesday, December 3, 2025 / Rules and Regulations 55645 providing potential respondents to enforcement action with additional clarity (and potentially additional time) to respond to a request from the Division of Enforcement. Accordingly, the Commission has determined that the amendments are not anticompetitive and have no anticompetitive effects. Because the Commission has made this determination, the Commission has not identified any less anticompetitive means of achieving the purposes of the CEA. List of Subjects 17 CFR Part 10 Administrative practice and procedure, Commodity futures. 17 CFR Part 11 Administrative practice and procedure, Commodity futures, Investigations, Rules relating to investigations. For the reasons set forth in the preamble, and pursuant to the authority contained in sections 2a and 8a of the Commodity Exchange Act, 7 U.S.C. 2(a) and 8a, the Commodity Futures Trading Commission amends 17 CFR chapter I as follows: PART 10—RULES OF PRACTICE ■ 1. The authority citation for part 10 continues to read as follows: Authority: Pub. L. 93–463, sec. 101(a)(11), 88 Stat. 1391; 7 U.S.C. 2(a)(12). ■ 2. In § 10.1, revise paragraph (i) to read as follows: § 10.1 Scope and applicability of rules of practice.

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(i) Public rulemaking, except as specifically made applicable by the Rules Relating to Public Rulemaking Procedures.

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■ 3. In § 10.2, revise paragraph (b) to read as follows: § 10.2 Definitions.

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(b) Adjudicatory proceeding means a judicial-type proceeding leading to the formulation of a final order, including an order by the Commission instituting proceedings pursuant to the Act, making findings, and imposing remedial sanctions;

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■ 4. Revise § 10.4 to read as follows: § 10.4 Business address; hours. The Office of Proceedings is located at the Commission’s Washington, DC headquarters. Emails must be sent to PROC__filings@cftc.gov. The office is open from 8:15 a.m. to 4:45 p.m., Eastern Time, Monday through Friday, except on federal holidays. ■ 5. In § 10.12, revise paragraph (d)(1) to read as follows: § 10.12 Service and filing of documents; form and execution.

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(d) * * * (1) All documents which are required to be served upon a party shall be filed concurrently with the Proceedings Clerk. A document shall be filed by delivering it in person or by first-class mail or a more expeditious form of United States mail or by overnight or similar commercial delivery service to Proceedings Clerk, Office of Proceedings at the Commission’s Washington, DC headquarters; or emailing it to PROC__ Filings@cftc.gov in accordance with the conditions set forth in paragraph (a)(2) of this section.

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■ 6. In § 10.108, revise paragraph (d) to read as follows: § 10.108 Settlements.

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(d) Acceptance of offer by the Commission. The Commission will accept an offer of settlement only by issuing its opinion and order based on the offer. Upon issuance of the opinion and order, the proceeding shall be terminated as to the respondent involved and so noted on the docket by the Proceedings Clerk. In lieu of the procedure to institute adjudicatory proceedings set forth in subpart B of this part, the Commission may determine to accept an offer of settlement by order instituting proceedings pursuant to the Act, making findings, and imposing remedial sanctions, whether by Commission meeting or by disposition of business by seriatim Commission consideration as set forth in § 140.12 of this chapter. The Division’s recommendation to accept an offer of settlement shall be set forth in an objective memorandum to the Commission that adheres to the applicable rules of professional conduct and provides a comprehensive explanation of the recommendation’s factual and legal foundation and distinguishes unfavorable facts or legal precedent. To ensure an accurate and complete administrative record, the statement of facts must be supported by citations to evidence in the investigative record or stipulations by the parties, and the legal argument must be supported by points and authorities.

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PART 11—RULES RELATING TO INVESTIGATIONS ■ 7. The authority citation for part 11 continues to read as follows: Authority: 7 U.S.C. 4a(j), 9, 12, 12a(5) and 15. ■ 8. Revise appendix A to part 11 to read as follows: Appendix A to Part 11—Informal Procedure Relating to the Recommendation of Enforcement Proceedings The Division of Enforcement (‘‘Division’’), in its discretion, may inform persons who may be named in a proposed enforcement proceeding of the nature of the allegations pertaining to them. Such notice should be in writing when possible, and if given orally, it should be followed promptly by a written confirmation. The written notice or written confirmation of an oral notice should identify the specific charges the Division has made a preliminary determination to recommend to the Commission. The Division may also refer to specific evidence regarding the facts and circumstances that form the basis for the Division’s recommendation. The Division, in its discretion, may advise such persons that they may submit a written statement prior to the consideration by the Commission of any staff recommendation for the commencement of such proceeding. Unless for good cause, and otherwise provided for by either the Director or a Deputy Director of the Division, such written statements shall have at least 30 days for submission after persons are informed by the Division of Enforcement of the nature of the proposed allegations pertaining to them and shall be no more than 20 pages, double spaced on 81⁄2 by 11 inch paper, setting forth their views of factual, legal or policy matters relevant to the commencement of an enforcement proceeding. Any statement of fact included in the submission must be sworn to by a person with personal knowledge of such fact. Statements shall be forwarded to the Director, Division of Enforcement, at the Commission’s Washington, DC headquarters, with copies to the staff conducting the investigation, shall clearly identify the specific investigation, and, if desired, may request that the statement be forwarded to the Commission promptly. Similarly, persons who become involved in an investigation, and submit a written statement on their initiative, should follow the relevant procedures described in this appendix. In the event the Division recommends the commencement of an enforcement proceeding to the Commission, the Division shall forward any such written statement to the Commission promptly. The Commission may, in its discretion, consider all, any portion or none of the submission when it considers the staff recommendation to commence an enforcement proceeding. VerDate Sep<11>2014 15:55 Dec 02, 2025 Jkt 268001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\03DER1.SGM 03DER1 lotter on DSK11XQN23PROD with RULES1

55646 Federal Register / Vol. 90, No. 230 / Wednesday, December 3, 2025 / Rules and Regulations Issued in Washington, DC, on December 1, 2025, by the Commission. Christopher Kirkpatrick, Secretary of the Commission. Note: The following appendix will not appear in the Code of Federal Regulations. Appendix to Amendments to CFTC Rules of Practice and Rules Relating to Investigations—Commission Voting Summary On this matter, Acting Chairman Pham voted in the affirmative. No Commissioner voted in the negative. [FR Doc. 2025–21888 Filed 12–2–25; 8:45 am] BILLING CODE 6351–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 630 [Docket No. FHWA–2025–0011] RIN 2125–AG18 Rescinding Requirements Regarding Bridges on Federal Dams AGENCY: Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT). ACTION: Final rule. SUMMARY: FHWA is rescinding the unnecessary regulations on Bridges on Federal Dams, which were issued on October 10, 1974, because they are duplicative of other existing legal requirements. DATES: This final rule is effective January 2, 2026. FOR FURTHER INFORMATION CONTACT: Ms. Samantha Pratt, Office of Infrastructure, (737) 389–1048, samantha.pratt@ dot.gov, Federal Highway Administration, 300 East 8th Street, Room 826, Austin, TX 78701; or Mr. Michael Harkins, Office of the Chief Counsel, (202) 366–1523, Michael.Harkins@dot.gov, 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 www.regulations.gov. 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 website at: www.federalregister.gov and the U.S. Government Publishing Office’s website at: www.GovInfo.gov. Background Under section 320(a) of title 23 of the United State Code (U.S.C.), State departments of transportation (State DOT), jointly with the Secretary of Transportation, may determine and certify to a Federal Agency with jurisdiction over and custody of a dam constructed or to be constructed and owned by or for the United States, that a public highway bridge upon and across such dam is economically desirable and needed as a link in the State or Federal-aid highway systems. The Federal Agency may then use funds available to design and construct the dam in such a manner that will serve as a suitable and adequate foundation for a public highway bridge and to design and construct a public highway bridge upon and across the dam. In accordance with 23 U.S.C. 320(b), construction of any bridge upon and across any dam pursuant to 23 U.S.C. 320 may not start until the State in which the bridge is to be located, or the appropriate subdivision of such State, enters into an agreement with the Federal Agency and the Secretary of Transportation to construct the approach roads necessary to connect such bridge with existing public highways. While a portion of the bridge may be financed wholly with Federal funds, any approach roads ‘‘shall be financed by the State or its appropriate subdivision with or without the aid of Federal funds.’’ See 23 U.S.C. 320(d). Finally, 23 U.S.C. 320(f) makes clear that 23 U.S.C. 320 does not affect any bridge, approach structure, or highway constructed or to be constructed by a Federal Agency to satisfy a legal obligation incurred independently of 23 U.S.C. 320. On October 10, 1974, FHWA amended part 630 of title 23 of the Code of Federal Regulations (CFR) by adding a new subpart H. See 39 FR 36474. This rule required that a proposed bridge over a dam constructed and owned by or for the United States, together with the approach roads to connect the bridge with existing public highways, must be eligible for inclusion in the Federal-aid highway system. See 23 CFR 630.802. The regulation also required that a State’s application to qualify a project under the new subpart to include a certification that the bridge is economically desirable and needed as a link in the Federal-aid highway system, a statement showing the source and availability of funds to be used in construction of the roadway approaches, and a statement of any obligation on the part of the Federal Agency constructing the dam to provide such bridge or approach roads to satisfy a legal liability incurred independently of the subpart. See 23 CFR 630.803. This subpart has not been amended since its issuance in 1974. On May 30, 2025, at 90 FR 22874, FHWA published an NPRM proposing to rescind the rule issued on October 10, 1974, Bridges on Federal Dams, via 39 FR 36474, amending 23 CFR part 630, subpart H. FHWA proposed to rescind 23 CFR part 630, subpart H in full and sought comment 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 in this final rule without change. FHWA finds that 23 U.S.C. 320 is clear on its face and, therefore, the regulations found in 23 CFR part 630, subpart H are not necessary. FHWA believes the regulations are merely duplicative of statutory language and, thus, unnecessary and may be rescinded. Further, as a practical matter, no additional funding for the construction of bridges on Federal dams has been authorized since the Federal-aid Highway Act of 1978 (Pub. L. 95–599). In fiscal year 1994, Congress rescinded the balance of funds that were made available for bridges on Federal dams pursuant to 23 U.S.C. 320, leaving no funds currently available for the work contemplated by 23 CFR part 630, subpart H. See Public Law 103–211, Title III, Chapter 10. Were Congress to provide additional funds, the requirements in 23 U.S.C. 320 would apply, and they are sufficiently clear. 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 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 duplicative regulations applicable to projects that are not currently funded. FHWA does not believe there are any costs to this rulemaking. While FHWA believes there VerDate Sep<11>2014 15:55 Dec 02, 2025 Jkt 268001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\03DER1.SGM 03DER1 lotter on DSK11XQN23PROD with RULES1