Rule2025-09708
Rescinding Requirements Regarding Management and Monitoring Systems
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
Effective
May 30, 2025
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
This final rule rescinds the regulations issued on December 10, 1996, and amended on February 14, 2007, Management and Monitoring, thereby removing obsolete regulations governing transportation management and monitoring systems. Further, FWHA finalizes the proposed updates to the regulations governing risk-based Asset Management Plans by determining that no further action is needed.
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)]
[Rules and Regulations]
[Pages 22854-22856]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09708]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Parts 500 and 515
[Docket No. FHWA-2024-0048]
RIN 2125-AG00
Rescinding Requirements Regarding Management and Monitoring
Systems
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Final rule; final agency action.
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SUMMARY: This final rule rescinds the regulations issued on December
10, 1996, and amended on February 14, 2007, Management and Monitoring,
thereby removing obsolete regulations governing transportation
management and monitoring systems. Further, FWHA finalizes the proposed
updates to the regulations governing risk-based Asset Management Plans
by determining that no further action is needed.
DATES: This final rule is effective May 30, 2025.
FOR FURTHER INFORMATION CONTACT: Ms. Tashia J. Clemons, Office of
Infrastructure, (202) 493-0551, <a href="/cdn-cgi/l/email-protection#a0d4c1d3c8c9c18ec3ccc5cdcfced3e0c4cfd48ec7cfd6"><span class="__cf_email__" data-cfemail="453124362d2c246b262920282a2b3605212a316b222a33">[email protected]</span></a>; or Mr. David
Serody, Office of the Chief Counsel, (202) 366-4241,
<a href="/cdn-cgi/l/email-protection#a7c3c6d1cec389d4c2d5c8c3dee7c3c8d389c0c8d1"><span class="__cf_email__" data-cfemail="0c686d7a6568227f697e6368754c686378226b637a">[email protected]</span></a>, Federal Highway Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590. Office hours are from 8 a.m. to
[[Page 22855]]
4:30 p.m., E.T., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
This document, the 2024 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 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
On November 3, 2024, FHWA published an NPRM proposing to amend
FHWA's regulations governing risk-based Asset Management Plans (AMP) in
23 CFR part 515 and proposing to remove obsolete regulations governing
transportation management and monitoring systems in 23 CFR part 500, at
89 FR 89506. In this final rule, FHWA is finalizing the revisions to
the regulations in 23 CFR part 500. Further, with respect to the
proposed amendments to 23 CFR part 515, FHWA has decided that
amendments are no longer necessary so has determined that the
appropriate final action is to end that portion of the rulemaking
without changing the regulations.
A. AMP Regulations
The NPRM proposed to update the AMP regulations at 23 CFR part 515
to address provisions in the Infrastructure Investment and Jobs Act
(Pub. L. 117-58) and to reflect then-current priorities and state-of-
practice. Consistent with President Trump's commitment to ending
unlawful, unnecessary, and onerous regulations, FHWA is reviewing its
existing regulations and ongoing regulatory activities for alignment
with law and Administration priorities. FHWA is keeping the existing
AMP regulations at 23 CFR part 515 rather than finalize the proposed
revisions to the AMP regulations because further rulemaking with
respect to these regulations does not align with agency needs,
priorities, and objectives. FHWA appreciates the comments received on
these proposals and continues to consider the best means of addressing
some or all of the issues covered by the NPRM with respect to the AMP
regulations and the scope of any agency actions FHWA concludes may be
necessary to address these issues. Should FHWA decide at a future date
to initiate the same or similar rulemaking with respect to the AMP
regulations at 23 CFR part 515, FHWA will initiate a new rulemaking
under a new RIN, consistent with the requirements of the Administrative
Procedure Act, 5 U.S.C. 553.
B. Transportation Management and Monitoring System Regulations
In 1991, Congress passed the Intermodal Surface Transportation
Efficiency Act (Pub. L. 102-240), which added section 303 to title 23
of the United States Code (U.S.C.), requiring the Secretary of
Transportation to issue regulations for State development,
establishment, and implementation of systems to manage highway
pavements and bridges, highway safety, traffic congestion, public
transportation facilities and equipment, and intermodal transportation
systems. Section 303 also required the Secretary to issue guidelines
and requirements for the State development, establishment, and
implementation of a traffic monitoring system for highways and public
transportation facilities and equipment. The FHWA and the Federal
Transit Administration (FTA) subsequently promulgated a final rule
implementing 23 U.S.C. 303, codifying the regulations at 23 CFR part
500 (61 FR 67166, Dec. 19, 1996). Section 303 was subsequently repealed
by section 1519(b)(1)(A) of the Moving Ahead for Progress in the 21st
Century Act (MAP-21) (Pub. L. 112-141), and FHWA and FTA no longer use
the regulations governing management and monitoring systems at 23 CFR
part 500. For these reasons, the NPRM proposed to remove the outdated
regulations in 23 CFR part 500. 89 FR 89507 through 89508.
The FHWA received twenty-six (26) comments in response to the NPRM.
Multiple commenters, including the American Association of State and
Highway Transportation Officials (AASHTO), the Missouri Department of
Transportation, the California Department of Transportation (Caltrans)
affirmatively supported the removal of the transportation management
and monitoring system regulations in 23 CFR part 500. On the other
hand, no commenter stated that FHWA should retain the regulations
governing management and monitoring systems at 23 CFR part 500. In any
event, because 23 U.S.C. 303, the underlying statutory authority for
promulgating part 500, has been repealed, FHWA does not believe there
is any valid legal justification for maintaining these regulations.
II. Administrative Procedure Act
Under the Administrative Procedure Act, there must be at least
thirty days between publication of a substantive rule and its effective
date except ``as otherwise provided by the agency for good cause and
published with the rule.'' See 5 U.S.C. 553(d)(3). As FHWA is
rescinding a requirement that lacks statutory authority, a period of 30
days between publication and effectiveness is unnecessary. Therefore,
FHWA finds good cause to issue this final rule with immediate
effectiveness.
III. 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
Executive Orders 14215 and 13563. Therefore, the Office of Management
and Budget (OMB) has not reviewed this rule under those orders.
This final rule rescinds regulations that are currently
inoperative. 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 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. Executive Order 14192 (Unleashing Prosperity Through Deregulation)
This final rule is not an E.O. 14192 regulatory action. This rule
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
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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 will not have a
significant economic impact on a substantial number of small entities;
therefore, an analysis is not included. This final rule will only
remove regulations that are currently inoperative.
D. Unfunded Mandates Reform Act
This final 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. 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 final 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 will rescind regulations that
rely on rescinded statutory authority. 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)
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 final 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 500
Bridges, Grant programs--transportation, Highway traffic safety,
Highways and roads, Mass transportation, Reporting and recordkeeping
requirements.
Issued in Washington, DC, under authority delegated in 49 CFR
1.85.
Gloria M. Shepherd,
Executive Director, Federal Highway Administration.
PART 500--[Removed and Reserved]
0
For the reasons stated in the preamble, under the authority of Public
Law 112-141, FHWA removes and reserves 23 CFR part 500.
[FR Doc. 2025-09708 Filed 5-27-25; 4:15 pm]
BILLING CODE 4910-22-P
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</html>Indexed from Federal Register on May 30, 2025.
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