Proposed Rule2025-09735
Rescinding Regulations Regarding Management Systems Pertaining to the Forest Service and 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 on February 27, 2004, Federal Lands Highway Program; Management Systems Pertaining to the Forest Service and 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 22885-22887]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09735]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 971
[Docket Number FHWA-2025-0016]
RIN 2125-AG22
Rescinding Regulations Regarding Management Systems Pertaining to
the Forest Service and the Forest Highway Program
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking.
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SUMMARY: FHWA proposes to rescind the regulations issued on February
27, 2004, Federal Lands Highway Program; Management Systems Pertaining
to the Forest Service and 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
[[Page 22886]]
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 (Volume 65, Number 70, Pages 19477-78) 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#8fece0fdeaf6a1ede0ededeecfebe0fba1e8e0f9"><span class="__cf_email__" data-cfemail="17747865726e3975787575765773786339707861">[email protected]</span></a>; or David Serody, Office of the
Chief Counsel, (202) 366-4241, <a href="/cdn-cgi/l/email-protection#345055425d501a4751465b504d74505b401a535b42"><span class="__cf_email__" data-cfemail="96f2f7e0fff2b8e5f3e4f9f2efd6f2f9e2b8f1f9e0">[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 and all comments received may be viewed online at
<a href="http://www.regulations.gov">www.regulations.gov</a> using the docket number listed above. Electronic
retrieval assistance 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 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
Through this proposed rule, FHWA proposes to rescind the rule
issued on February 27, 2004, Federal Lands Highway Program; Management
Systems Pertaining to the Forest Service and the Forest Highway
Program, via 69 FR 9476, amending 23 CFR part 971. This rule provided
for the development and implementation of safety, bridge, pavement, and
congestion management systems for transportation facilities providing
access to and within the National Forests and Grasslands and funded
under the Federal Lands Highway Program (FLHP) as required by the
Transportation Equity Act for the 21st Century (TEA-21) (Pub. L. 105-
178) (June 9, 1998). For the reasons explained below, FHWA has
determined that this part is unnecessary and will rescind it in full.
Section 1115(d)(1) of TEA-21 amended the version of 23 U.S.C. 204
that existed at the time to add a paragraph (a)(6) stating: ``The
Secretary and the Secretary of each appropriate Federal land management
agency shall, to the extent appropriate, develop by rule safety,
bridge, pavement, and congestion management systems for roads funded
under the Federal lands highway program.'' The roads funded under the
FLHP included Forest Highways. Through 23 CFR part 971, FHWA addressed
the management systems for the Forest Service and the Forest Highway
Program. See 69 FR at 9476-77.
On July 6, 2012, Congress enacted the Moving Ahead for Progress in
the 21st Century Act (Pub. L. 112-141). Section 1119(a) of MAP-21
removed the FLHP under 23 U.S.C. 204, replacing that program with the
Tribal Transportation Program (23 U.S.C. 202), the Federal Lands
Transportation Program (23 U.S.C. 203), and the Federal Lands Access
Program (23 U.S.C. 204). In doing so, Congress repealed the previous
version of 23 U.S.C. 204(a)(6) and replaced it with a similar provision
at 23 U.S.C. 201(c)(5), which has remained unchanged. Under that
provision, FHWA ``and the Secretary of each appropriate Federal land
management agency shall, to the extent appropriate, implement safety,
bridge, pavement, and congestion management systems for facilities
funded under the tribal transportation program and the Federal lands
transportation program in support of asset management.''
The FHWA first notes that the current regulations have become
outdated due to subsequent statutory changes, and FHWA has issued more
up-to-date guidance.\1\ For instance, the definition of the Forest
Highway Program in Sec. 971.104 refers to the ``public lands highway
funds allocated each fiscal year, as is provided in 23 U.S.C. 202, for
projects that provide access to and within the National Forest system,
as described in 23 U.S.C. 202(b) and 23 U.S.C. 204.'' This refers to
the requirements that existed prior to the enactment of MAP-21, where
Congress appropriated funds specifically for forest roads as part of
the FLHP under 23 U.S.C. 204, which FHWA then allocated pursuant to 23
U.S.C. 202.
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\1\ <a href="https://highways.dot.gov/federal-lands/transportation">https://highways.dot.gov/federal-lands/transportation</a>.
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In considering the changes to be made to 23 CFR part 971, FHWA is
guided by the Secretary of Transportation's new policy to reduce
regulatory burdens wherever possible. Under that policy, unless a
regulatory standard is required by statute, the Secretary proposes
eliminating that requirement. In accordance with that policy, FHWA
finds it significant that Congress, in enacting MAP-21, retained the
same general requirements for asset management in 23 U.S.C. 201(c)(5)
but replaced the phrase ``develop by rule'' with the word
``implement.'' To the extent that FHWA and Federal land management
agencies agree that safety, bridge, pavement, and congestion management
systems are appropriate for certain facilities, FHWA believes such
systems can be implemented without the need for regulations. The FHWA
seeks comment on any reasons to rescind or not to rescind these
regulations.
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 (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 proposed rule would rescind outdated regulations regarding
asset management. It could result in some cost savings for the Forest
Service, but FHWA does not have the data to estimate the reduction in
costs that would result from this NPRM. The Agency requests comment 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
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 comment a regulatory flexibility
[[Page 22887]]
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 proposed rule would only remove regulations governing
management systems that guide the Forest Service in developing
transportation plans and making resource allocation decisions.
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 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 proposed 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 would remove requirements
regarding safety, bridge, pavement, and congestion management systems
that are currently outdated. 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 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 971
Bridges, Grant program--transportation, Highways and roads,
National forests, Public lands, Safety, Transportation.
Issued in Washington, DC, under authority delegated in 49 CFR
1.85.
Gloria M. Shepherd,
Executive Director, Federal Highway Administration.
0
For the reasons stated in the preamble and under the authority of 23
U.S.C. 204, 315; 42 U.S.C. 7410 et seq.; and 49 CFR 1.48, FHWA proposes
to remove and reserve 23 Code of Federal Regulations part 971.
[FR Doc. 2025-09735 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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