FHWA Publishes 16 Deregulation Rulemakings – 5-30-25

Yesterday there was an unusual occurrence in the Federal Register, one agency published 16 separate rulemakings. The DOT’s Federal Highway Administration (FHWA) published five direct final rules and eleven notices of proposed rulemakings (NPRM). These are all part of the new administration’s deregulation efforts.

This area is not one that I have paid a lot of attention to in this blog and is certainly out of my area of expertise. But I thought that this bulk deregulation effort deserved some notice.

The final rules all took effect yesterday. The notices of proposed rulemakings all have a comment due date of June 30^th, 2025.

Final Rules

Rescinding Requirements Regarding Management and Monitoring Systems. (90 FR 22854) Summary: “This final rule rescinds the regulations issued on December 10, 1996, and amended on February 14, 2007, Management and Monitoring, thereby removing obsolete regulations governing transportation management and monitoring systems. Further, FWHA finalizes the proposed updates to the regulations governing risk-based Asset Management Plans by determining that no further action is needed.”

National Performance Management Measures; Rescinding Requirements for the First Performance Period. (90 FR 22852) Summary: “This final rule rescinds the requirements pertaining to the performance targets established by State departments of transportation (State DOTs) and Metropolitan Planning Organizations (MPOs) for the first performance period (Calendar Years 2018 through 2021), as originally promulgated in the regulations issued on January 18, 2017, National Performance Management Measures; Assessing Performance of the National Highway System, Freight Movement on the Interstate System, and Congestion Mitigation and Air Quality Improvement Program.”

Rescinding Regulations on Projects of National and Regional Significance Evaluation and Rating. (90 FR 22856) Summary: This final rule rescinds the rule and regulations issued on October 24, 2008, Projects of National and Regional Significance Evaluation and Rating.”

Rescinding Preliminary Engineering Project 10-Year Repayment Provision. (90 FR 22858) Summary: “This final rule rescinds a portion of the regulations issued on May 10, 2001, Federal-Aid Project Agreement, which required that State Departments of Transportation (DOTs) repay FHWA Federal funds provided for preliminary engineering for a project if right-of-way acquisition for, or actual construction of, the road for which this preliminary engineering is undertaken is not started in ten years.”

State Highway Agency Equal Employment Opportunity Programs. (90 FR 22850) Summary: “The FHWA is removing outdated and duplicative regulations requiring State highway agencies to submit to FHWA, on an annual basis, Equal Employment Opportunity (EEO) Program plans for FHWA approval. Currently, FHWA is responsible for oversight of State highway agencies' EEO programs, which include collection and analysis of internal employment data, development of an internal affirmative action hiring plan, and contractor compliance reporting. These regulations overlap with, and are duplicative of, other Federal requirements enforced by other Federal agencies. In addition, an Executive order (E.O.) issued by President Donald J. Trump repealed a previous E.O. that was relied on to initially promulgate the regulation. Elimination of these regulations will reduce administrative and monetary burdens on Federal-aid recipients.”

NPRMs

Rescinding Requirements Regarding Bridges on Federal Dams. (90 FR 22874) Summary: “FHWA is proposing to rescind the rule and regulations issued on October 10, 1974, Bridges on Federal Dams.”

Rescinding Requirements Regarding Required Contract Provisions for Federal-Aid Construction Contracts (Other Than Appalachian Contracts). (90 FR 22876) Summary: “FHWA is proposing to rescind the rule and certain regulations issued on October 2, 1987, Required Contract Provisions.”

Rescinding Requirements Regarding the Forest Highway Program. (90 FR 22881) Summary: “FHWA proposes to rescind the regulations issued regarding the Forest Highway Program.”

Highway Safety Improvement Program; Withdrawal. (90 FR 22883) Summary: “FHWA withdraws its February 21, 2024, notice of proposed rulemaking (NPRM), which proposed to update FHWA's Highway Safety Improvement Program (HSIP) regulations. FHWA will proceed to formally withdraw the proposed rule from FHWA's upcoming Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions (“Unified Agenda”).”

Rescinding Regulations Regarding Management Systems Pertaining to the Bureau of Indian Affairs and the Indian Reservation Roads Program. (90 FR 22889) Summary: “FHWA proposes to rescind the regulations issued on February 27, 2004, Federal Lands Highway Program; Management Systems Pertaining to the Bureau of Indian Affairs and the Indian Reservation Roads Program.”

Rescinding Regulations Regarding Management Systems Pertaining to the Fish and Wildlife Service and the Refuge Roads Program. (90 FR 22887) Summary: “FHWA proposes to rescind the regulations issued on February 27, 2004, Federal Lands Highway Program; Management Systems Pertaining to the Fish and Wildlife and the Refuge Roads Program.”

Rescinding Regulations Regarding Management Systems Pertaining to the Forest Service and the Forest Highway Program. (90 FR 22885) 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.”

Rescinding Regulations Regarding Management Systems Pertaining to the National Park Service and the Park Roads and Parkways Program. (90 FR 22883) Summary: “FHWA proposes to rescind the regulations issued on February 27, 2004, Federal Lands Highway Program; Management Systems Pertaining to the National Park Service and the Park Roads and Parkways Program.”

Rescinding Regulations on Procedures for Advance Construction of Federal-aid Projects. (90 FR 22872) Summary: “FHWA proposes to rescind a specific provision of the rule and regulations issued on March 30, 1990, Advance Construction of Federal-aid Projects.”

Rescinding Requirements Regarding Federal-Aid Contracts for Appalachian Contracts. (90 FR 22878) Summary: “FHWA is proposing to rescind the rule and regulations issued on September 30, 1974, Federal-Aid Contracts (Appalachian Contracts).”

Rescinding Requirements Regarding Geodetic Markers. (90 FR 22870) Summary: “FHWA is proposing to rescind the rule and regulations issued on July 19, 1974, Geodetic Markers.”