Proposed Rule2025-09722
Rescinding Requirements Regarding the Forest Highway Program
Primary source
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Published
May 30, 2025
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
FHWA proposes to rescind the regulations issued regarding the Forest Highway Program.
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)]
[Proposed Rules]
[Pages 22881-22883]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09722]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 660
[Docket No. FHWA-2025-0014]
RIN 2125-AG20
Rescinding Requirements Regarding the Forest Highway Program
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking.
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SUMMARY: FHWA proposes to rescind the regulations issued regarding the
Forest Highway Program.
DATES: Comments must be received on or before June 30, 2025.
ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, 1200 New Jersey Avenue SE,
Washington, DC 20590, or submit electronically at <a href="http://www.regulations.gov">www.regulations.gov</a>.
All comments should include the docket number that appears in the
heading of this document. All comments received will be available for
examination and copying at the above address from 9 a.m. to 5 p.m.,
E.T., Monday through Friday, except Federal holidays. Those desiring
notification of receipt of comments must include a self-addressed,
stamped postcard or may print the acknowledgment page that appears
after submitting comments electronically. Anyone is able to search the
electronic form of all comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477) or you may visit
<a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Corey Bobba, Office of Federal Lands,
(202) 366-9489, <a href="/cdn-cgi/l/email-protection#c5a6aab7a0bceba7aaa7a7a485a1aab1eba2aab3"><span class="__cf_email__" data-cfemail="02616d70677b2c606d60606342666d762c656d74">[email protected]</span></a>; or David Serody, Office of the
Chief Counsel, (202) 366-4241, <a href="/cdn-cgi/l/email-protection#a0c4c1d6c9c48ed3c5d2cfc4d9e0c4cfd48ec7cfd6"><span class="__cf_email__" data-cfemail="187c796e717c366b7d6a777c61587c776c367f776e">[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
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
In 1958, Congress codified title 23 of the United States Code
(U.S.C.). Public Law 85-767. The Forest Highway Program was codified at
23 U.S.C. 204, along with separate categories for forest development
roads and trails (23 U.S.C. 205), park roads and trails (23 U.S.C.
206), parkways (23 U.S.C. 207), Indian reservation roads (23 U.S.C.
208), and public lands highways (23 U.S.C. 209). Under the system at
the time, each program received separate appropriations, which the
Secretary of Transportation allocated under a previous version of 23
U.S.C. 202. Per the version of 23 U.S.C. 204 that existed at the time,
the Secretary of Transportation was authorized to use funds available
for forest highways to pay for the cost of construction and maintenance
thereof. On May 1961, the Bureau of Public Roads, the predecessor to
FHWA, issued regulations for administering the Forest Highway Program
under 23 CFR part 15. See 26 FR 4608. These regulations prescribed
rules regarding the forest highway system, the forest highway program,
and surveys, construction, and maintenance of forest highways. In 1974,
this part was later redesignated 23 CFR part 660, subpart A. See 39 FR
10429 (Mar. 20, 1974).
On January 6, 1983, Congress enacted the Surface Transportation
Assistance Act of 1982 (1982 STAA) (Pub. L. 97-424). Section 126(b) of
the 1982 STAA revised 23 U.S.C. 204, combining the previously
separately codified programs for ``forest highways, public lands
highways, park roads, parkways, and Indian reservation roads'' into a
single Federal lands highway program under 23 U.S.C. 204. Under the
structure of the 1982 STAA, however, Congress continued to appropriate
funds for the programs separately, including for the Forest Highway
Program.
On December 18, 1991, Congress enacted the Intermodal Surface
Transportation Efficiency Act of 1991 (ISTEA). Section 1032 of ISTEA
combined the Forest Highway Program with the public lands highway
program; thus, instead of receiving a separate appropriation for forest
highways and public lands highways, FHWA would receive a single
appropriation for public lands highways, which could then be used on
forest highways. In response to these changes, FHWA revised the Forest
Highway Program regulations at 23 CFR part 600, subpart A, in 1994,
which are the most recent revisions to this subpart. 59 FR 30296 (June
13, 1994).
Congress subsequently modified the Federal lands highway program as
part of the Moving Ahead for Progress in the 21st Century Act (MAP-21)
(Pub. L. 112-141) (July 6, 2012). MAP-21 replaced the single Federal
lands highway program under 23 U.S.C. 204 with the Tribal
Transportation Program (TTP) (23 U.S.C. 202), Federal Lands
Transportation Program (FLTP) (23 U.S.C. 203) and Federal Lands Access
Program (FLAP) (23 U.S.C. 204). Under this new model, instead of being
[[Page 22882]]
appropriated funds under the public lands highway category of the
Federal lands highway program, Congress has appropriated funding for
TTP, FLTP, and FLAP, which can then be used for certain projects on,
accessing, or adjacent to tribal and federal public lands in accordance
with each program's requirements.
As such, the regulations in 23 CFR part 660, subpart A, are
outdated. For instance, Sec. 660.101 refers to forest highways
``funded under the public lands highway category of the coordinated
Federal Lands Highway Program,'' which, as noted above, no longer
occurs. Similarly, Sec. 660.107 refers to allocations of public lands
highway funds for forest highways, which again is a process that no
longer occurs under statute. Other regulations, including Sec. Sec.
660.105 and 660.109 do not reflect the current project delivery process
under TTP, FLTP, and FLAP. Finally, FHWA does not believe that
regulations concerning general project delivery, such as Sec. Sec.
660.112, 660.113, 660.115, and 660.117, are necessary specifically for
forest highways. TTP, FLTP, and FLAP cover a broader range of projects
than just forest highways, and FHWA has not found similar regulations
necessary in those cases. Accordingly, FHWA proposes to eliminate 23
CFR part 660, subpart A.
II. 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 proposed rule does not meet the criteria of a ``significant
regulatory action'' under Executive Order 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 rulemaking would requirements for projects that are not
currently funded. While FHWA believes there are deregulatory benefits
to this rule, FHWA believes any monetary benefits or costs to this rule
would be minimal. The FHWA seeks comments on any impacts that could
result from removing the provisions identified in this NPRM.
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 proposed rule is not an E.O. 14192 regulatory action. This
rulemaking 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 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 proposed rule would
not have a significant economic impact on a substantial number of small
entities; therefore, an analysis is not included. This proposed
rescission would only remove outdated requirements regarding the Forest
Highway Program, which is no longer a separate program under statute.
D. Unfunded Mandates Reform Act
This proposed 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 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 Office of Management and Budget
(OMB) control number. This proposed rule is deregulatory and so would
not impose any additional information collection requirements.
G. National Environmental Policy Act
FHWA has analyzed this rulemaking 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 would rescind
regulations regarding the Forest Highway Program, which is no longer a
separate program under statute. FHWA does not anticipate any adverse
environmental impacts from this proposed 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 proposed 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.
[[Page 22883]]
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 660
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 proposes to amend 23
CFR part 660 as set forth below:
PART 660--SPECIAL PROGRAMS (DIRECT FEDERAL)
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1608-1610; 23 U.S.C. 101, 202, 204, and
315; 49 CFR 1.48.
Subpart A--[Removed and Reserved]
0
2. Remove and reserve subpart A, consisting of Sec. Sec. 660.101
through 660.117.
[FR Doc. 2025-09722 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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