Rule2025-19906
Rescinding Regulations Regarding Management Systems Pertaining to the National Park Service and the Park Roads and Parkways Program
Primary source
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Published
November 17, 2025
Effective
December 17, 2025
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
FHWA is rescinding the regulations regarding the Federal Lands Highway Program, and the management systems for the National Park Service and the Park Roads and Parkways 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 51107-51109]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19906]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 970
[Docket Number FHWA-2025-0015]
RIN 2125-AG21
Rescinding Regulations Regarding Management Systems Pertaining to
the National Park Service and the Park Roads and Parkways Program
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FHWA is rescinding the regulations regarding the Federal Lands
Highway Program, and the management systems for the National Park
Service and the Park Roads and Parkways 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#5a3935283f2374383538383b1a3e352e743d352c"><span class="__cf_email__" data-cfemail="583b372a3d21763a373a3a39183c372c763f372e">[email protected]</span></a>; or Jim Esselman, Office
of the Chief Counsel, (202) 366-6181, <a href="/cdn-cgi/l/email-protection#a3c9c2cec6d08dc6d0d0c6cfcec2cde3c7ccd78dc4ccd5"><span class="__cf_email__" data-cfemail="ef858e828a9cc18a9c9c8a83828e81af8b809bc1888099">[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 National
Park Service and the Park Roads and Parkways Program, via 69 FR 9470,
amending title 23 CFR part 970. That rule provided for the development
and implementation of safety, bridge, pavement, and congestion
management systems for transportation facilities under National Park
Service (NPS) jurisdiction 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 Title 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 the Park Roads and Parkways (PRP) program. Through 23 CFR
part 970, FHWA addressed the management systems for the NPS and the PRP
program. See 69 FR at 9470.
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 the FLHP under 23 U.S.C. 204, replacing that program
with the Tribal Transportation Program (TTP) (23 U.S.C. 202), the 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.''
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
[[Page 51108]]
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.
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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 22883, FHWA published an NPRM proposing
to remove 23 CFR part 970 and sought comment on all aspects of that
proposal. FHWA received one comment submission on its proposal urging
FHWA to specifically consider the impacts to standardization,
accountability, and data-driven planning in the rulemaking process. As
outlined above, the statutory basis for the existing rulemaking no
longer exists. The statutory provisions for the TTP (23 U.S.C. 202),
the FLTP (23 U.S.C. 203), and the FLAP (23 U.S.C. 204), which replaced
the prior statutory language, in addition to the 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) 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 NPS, 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 it 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 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 rulemaking 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 rulemaking 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 would only remove
regulations governing management systems that guide the NPS 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, adjusted for inflation. Thus, the
rulemaking 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 970
Bridges, Congestion management, Grant program--transportation,
Highways and roads, Management systems, National parks, Pavement
management, Public lands, Safety management, Transportation.
[[Page 51109]]
Issued in Washington, DC, under authority delegated in 49 CFR
1.85.
Sean McMaster,
Administrator, Federal Highway Administration.
PART 970--[REMOVED AND RESERVED]
For the reasons stated in the preamble, under the authority of 23
U.S.C. 315, FHWA removes and reserves 23 CFR part 970.
[FR Doc. 2025-19906 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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