Rule2025-18194
Rescinding Regulations Regarding Management Systems Pertaining to the Fish and Wildlife Service and the Refuge Roads Program
Primary source
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Published
September 19, 2025
Effective
October 20, 2025
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
FHWA is rescinding the regulations issued on February 27, 2004 on the Fish and Wildlife Service (FWS) Management Systems.
Full Text
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<title>Federal Register, Volume 90 Issue 180 (Friday, September 19, 2025)</title>
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[Federal Register Volume 90, Number 180 (Friday, September 19, 2025)]
[Rules and Regulations]
[Pages 45136-45138]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18194]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 972
[Docket Number FHWA-2025-0017]
RIN 2125-AG23
Rescinding Regulations Regarding Management Systems Pertaining to
the Fish and Wildlife Service and the Refuge Roads Program
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FHWA is rescinding the regulations issued on February 27, 2004
on the Fish and Wildlife Service (FWS) Management Systems.
DATES: This final rule is effective October 20, 2025.
FOR FURTHER INFORMATION CONTACT: Corey Bobba, Office of Federal Lands
Highways, (202) 366-9489, <a href="/cdn-cgi/l/email-protection#b0d3dfc2d5c99ed2dfd2d2d1f0d4dfc49ed7dfc6"><span class="__cf_email__" data-cfemail="680b071a0d11460a070a0a09280c071c460f071e">[email protected]</span></a>; or James Esselman,
Office of the Chief Counsel, (202) 366-6181, <a href="/cdn-cgi/l/email-protection#044e656961772a417777616869656a44606b702a636b72"><span class="__cf_email__" data-cfemail="f1bb909c9482dfb48282949d9c909fb1959e85df969e87">[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 at <a href="http://www.regulations.gov">www.regulations.gov</a>
using the docket number listed above. Electronic
[[Page 45137]]
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
FHWA is rescinding the rule, issued on February 27, 2004 at 69 FR
9483 that established regulations at Title 23 of the Code of Federal
Regulations (CFR) part 972 concerning FWS Management Systems. The rule
provided for the development and implementation of safety, bridge,
pavement, and congestion management systems for transportation
facilities serving the National Wildlife Refuge System (Refuge System)
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) (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 FLHP
included Refuge Roads. Through 23 CFR part 972, FHWA addressed the
management systems for the Fish and Wildlife and the Refuge Roads
programs. See 69 FR 9484.
On July 6, 2012, Congress enacted the Moving Ahead for Progress in
the 21st Century Act (MAP-21) (Pub. L. 112-141). Section 1119(a) of
MAP-21 removed FLHP under 23 U.S.C. 204, replacing that program with
the Tribal Transportation Program (TTP) (23 U.S.C. 202), the Federal
Lands Transportation Program (FLTP) (23 U.S.C. 203), and the Federal
Lands Access Program (FLAP) (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.''
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\ FHWA also 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,
such systems can be implemented without the need for regulations.
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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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On May 30, 2025, at 90 FR 22887, FHWA published an NPRM to rescind
23 CFR part 972 in full and sought comments on all aspects of that
proposal. FHWA received one public comment, urging FHWA to retain
certain elements of the rule in updated guidance to ensure continued
standardization, accountability, and data-driven planning. As outlined
above, FHWA believes that the statutory provisions for TTP (23 U.S.C.
202), FLTP (23 U.S.C. 203), and FLAP (23 U.S.C. 204), in addition to
existing guidance, provide the necessary framework to ensure these
goals. As such, this final rule adopts the proposal without change.
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 rule does not meet the criteria of a ``significant regulatory
action'' under Executive Order (E.O.) 12866, as amended by E.O. 14215
and E.O. 13563. Therefore, the Office of Management and Budget (OMB)
has not reviewed this rule under those orders.
This rule rescinds outdated regulations regarding management
systems pertaining to FWS and the Refuge Roads Program. FHWA does not
believe there are any costs to this rulemaking. FHWA anticipates some
unquantified cost-savings associated with removal of unnecessary
provisions from the CFR. In addition, it could result in some cost
savings for FWS, but FHWA does not have the data to estimate the
reduction in costs that would result from this final rule. The Agency
requested comment on any impacts that could result from removing the
provisions identified in its NPRM but did not receive any additional
information.
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 (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 rulemaking will not
have a significant economic impact on a substantial number of small
entities; therefore, an analysis is not included. This rule would only
remove obsolete regulations that had provided for the development and
implementation of management systems for transportation facilities
serving the Refuge System funded under FLHP, as required by an outdated
and superseded statutory provision.
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 rulemaking is not
subject to the requirements of sections 202 and 205 of 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 that this action
does not have sufficient federalism implications
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to warrant the preparation of a federalism assessment. 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 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 that it is categorically excluded
under 23 CFR 771.117(c)(20), 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
rulemaking would remove requirements regarding management systems that
are currently outdated. 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 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 rule
on Indian Tribes and determined that this rulemaking would not have
Tribal implications that require consultation under E.O. 13175. This
rule would only remove obsolete regulations, previously required by an
outdated and superseded statutory provision. To the extent that FHWA
and Federal land management agencies agree that safety, bridge,
pavement, and congestion management systems are appropriate for certain
facilities, such systems can be implemented without the need for
regulations under the authorities provided by TTP (23 U.S.C. 202), FLTP
(23 U.S.C. 203), and FLAP (23 U.S.C. 204).
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 972
Bridges, Congestion management, Grant programs--transportation,
Highways and roads, Management systems, Pavement management, Public
lands, Safety management, Transportation, Wildlife refuge roads.
Issued in Washington, DC, under authority delegated in 49 CFR
1.85.
Gloria M. Shepherd,
Executive Director, Federal Highway Administration.
PART 972--[REMOVED AND RESERVED]
0
For the reasons stated in the preamble, under the authority of 23
U.S.C. 315 FHWA removes 23 CFR part 972.
[FR Doc. 2025-18194 Filed 9-18-25; 8:45 am]
BILLING CODE 4910-22-P
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</html>Indexed from Federal Register on September 19, 2025.
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