Rule2025-19904
Rescinding Regulations Regarding Management Systems Pertaining to the Forest Service and the Forest Highway Program
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
November 17, 2025
Effective
December 17, 2025
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
FHWA rescinds the regulations regarding the Federal Lands Highway Program (FLHP), and the management systems for the Forest Service and the Forest Highway Program.
Full Text
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<title>Federal Register, Volume 90 Issue 219 (Monday, November 17, 2025)</title>
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[Federal Register Volume 90, Number 219 (Monday, November 17, 2025)]
[Rules and Regulations]
[Pages 51109-51110]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19904]
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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: Final rule.
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SUMMARY: FHWA rescinds the regulations regarding the Federal Lands
Highway Program (FLHP), and the management systems for the Forest
Service and the Forest Highway Program.
DATES: This final rule is effective December 17, 2025.
FOR FURTHER INFORMATION CONTACT: Corey Bobba, Office of Federal Lands
Highways, (202) 366-9489, <a href="/cdn-cgi/l/email-protection#f99a968b9c80d79b969b9b98b99d968dd79e968f"><span class="__cf_email__" data-cfemail="14777b66716d3a767b76767554707b603a737b62">[email protected]</span></a>; or James Esselman,
Office of the Chief Counsel, (202) 366-6181, <a href="/cdn-cgi/l/email-protection#d5bfb4b8b0a6fbb0a6a6b0b9b8b4bb95b1baa1fbb2baa3"><span class="__cf_email__" data-cfemail="2e444f434b5d004b5d5d4b42434f406e4a415a00494158">[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 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, Federal
Lands Highway Program; Management Systems Pertaining to the Forest
Service and the Forest Highway Program, via 69 FR 9476, amending title
23 CFR part 971. That 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 FLHP as
required by the Transportation Equity Act for the 21st Century (TEA-21)
(Pub. L. 105-178) (June 9, 1998). FHWA has determined that this part is
unnecessary and has rescinded 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 current regulations have become outdated due to subsequent
statutory changes, and FHWA has issued more up-to-date guidance. 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.
On May 30, 2025, at 90 FR 22885, FHWA published an NPRM proposing
to remove 23 CFR part 971 and sought comment on all aspects of that
proposal. FHWA received two comments on its proposal, both of which
were outside the scope of this rulemaking. As such, FHWA adopts the
proposal without change.
II. Rulemaking Analyses and Notices
A. Executive Orders 12866 (Regulatory Planning and 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. Therefore, the
Office of Management and Budget (OMB) has not reviewed this rule under
those orders.
This 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 rule. The Agency requested comment on
any impacts that could result from removing the provisions identified
in the 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 rule is not an E.O. 14192 regulatory 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
[[Page 51110]]
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 rule removes
regulations governing management systems that guide the Forest Service
in developing transportation plans and making resource allocation
decisions.
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 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. FHWA has determined that this action
does not have sufficient federalism implications 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)(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 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 rule would not have tribal
implications that require consultation under E.O. 13175.
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://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.
Sean McMaster,
Administrator, Federal Highway Administration.
PART 971--[REMOVED AND RESERVED]
0
For the reasons stated in the preamble and under the authority of 23
U.S.C. 315, FHWA removes and reserves 23 CFR part 971.
[FR Doc. 2025-19904 Filed 11-14-25; 8:45 am]
BILLING CODE 4910-22-P
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</html>Indexed from Federal Register on November 17, 2025.
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