[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)]
[Proposed Rules]
[Pages 25516-25523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6422]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Parts 657 and 658
[FHWA Docket No. FHWA-2006-24134]
RIN 2125-AF17
Size and Weight Enforcement and Regulations
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of proposed rulemaking (NPRM); request for comments.
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SUMMARY: This action updates the regulations governing the enforcement
of commercial vehicle size and weight to incorporate provisions enacted
in the Safe, Accountable, Flexible, Efficient, Transportation Equity
Act: a Legacy for Users (SAFETEA-LU); the Energy Policy Act of 2005;
and, the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act of 2006. This action would further add various
definitions; correct obsolete references, definitions, and footnotes;
eliminate redundant provisions; amend numerical route changes to the
National Highway designations; and incorporate statutorily mandated
weight and length limit provisions.
DATES: Comments must be received on or before June 30, 2006. Late-filed
comments will be considered to the extent practicable.
ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590, or submit electronically at http://
[[Page 25517]]
dmses.dot.gov/submit, or fax comments to (202) 493-2251.
Alternatively, comments may be submitted to the Federal eRulemaking
portal at http://www.regulations.gov. 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
comment must include a self-addressed, stamped postcard or you may
print the acknowledgment page that appears after submitting comments
electronically. Anyone is able to search the electronic form of all
comments in any one of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, or labor union). 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
http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr. William Mahorney, Office of
Freight Management and Operations, (202) 366-6817, or Mr. Raymond
Cuprill, Office of the Chief Counsel (202) 366-0791, Federal Highway
Administration, 400 Seventh Street, SW., Washington, DC 20590. Office
hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
You may submit or retrieve comments online through the Document
Management System (DMS) at: http://dmses.dot.gov/submit. Electronic
submission and retrieval help and guidelines are available under the
help section of the Web site. Alternatively, internet users may access
all comments received by the U.S. DOT Docket Facility by using the
universal resource locator (URL) http://dms.dot.gov. It is available 24
hours each day, 365 days each year. Please follow the instructions. An
electronic copy of this document may also be downloaded by accessing
the Office of the Federal Register's home page at: http://www.archives.gov or the Government Printing Office's Web page at http://www.gpoaccess.gov/nara.
Background
The Safe, Accountable, Flexible, Efficient, Transportation Equity
Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144),
the Energy Policy Act of 2005 (Pub. L. 109-58, 119 Stat. 544), and the
Transportation, Treasury, Housing and Urban Development, the Judiciary,
the District of Columbia, and Independent Agencies Appropriations Act
of 2006 (Pub. L. 109-115, 119 Stat. 2396) amended several areas of the
size and weight regulations in the areas of auxiliary power units,
custom harvesters, over-the-road buses, and drive-away saddlemount
vehicle combinations.
Additionally, the transfer of motor carrier safety functions to the
Federal Motor Carrier Safety Administration (FMCSA) established by the
Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L. 106-159,
113 Stat. 1748) affected the internal organizational structure of the
FHWA. Although the responsibility for commercial motor vehicle size and
weight limitation remained in the FHWA, the references in the
regulations to the old FHWA's Office of Motor Carriers (OMC) and its
officials are obsolete. This action will update these references to
reflect the changes in the agency's organizational structure.
Section-by-Section Discussion of the Proposals
Section 657.1 Purpose
Section 657.1 indicates that the purpose of the regulations is to
prescribe requirements for administering a program of vehicle size and
weight enforcement on ``Federal-aid (FA) highways.'' This term refers
to the Federal-aid primary (FAP), Federal-aid secondary (FAS), and
Federal-aid urban (FAU) systems, as indicated in the current definition
of ``Enforcing or Enforcement'' in 23 CFR 657.3 and as provided in 23
U.S.C. 141. The Intermodal Surface Transportation Efficiency Act of
1991 (ISTEA) (Pub. L. 102-240, 105 Stat. 1914) eliminated these old
highway system categories and replaced them with the National Highway
System (NHS) as the Federal-aid highway system for the purpose of
apportioning Federal highway funds. It left unchanged the requirement
in 23 U.S.C. 141 that States enforce their size and weight laws on the
FAP, FAS, and FAU. Section 4006(c) of the ISTEA did preserve the
Secretary's authority to designate FAP routes as part of the National
Network but limited it to FAP routes in existence as of June 1, 1991.
The requirements of 23 U.S.C. 141 were reflected in 23 CFR 657.15(c)(1)
by requiring States to certify that their size and weight laws are
being enforced on those highways which, prior to October 1, 1991, were
designated as part of the FAP, FAS, and FAU. This date was selected
because it is the start of the States' yearly enforcement period.
Therefore, the FHWA proposes to amend 23 CFR 657.1 to replace the
reference to ``Federal-aid (FA) highways'' with ``highways which, prior
to October 1, 1991, were designated as part of the Federal-aid
Interstate, Federal-aid primary, Federal-aid secondary, or Federal-aid
urban systems.'' The October 1, 1991, date is the same as that adopted
in connection with the certification in 23 CFR 657.15(c)(1).
Section 657.3 Definitions
The FHWA proposes to amend the definition of ``Enforcing or
Enforcement'' to delete the old references to ``Federal-aid (FA)
highways'' and to replace this reference with ``highways which, prior
to October 1, 1991, were designated as part of the Federal-aid
Interstate, Federal-aid primary, Federal-aid secondary, or Federal-aid
urban systems'' for the reasons noted above.
Prior to a final rule published June 13, 1994 (59 FR 30392, 30416),
section 657.15(b) required States to identify and analyze enforcement
efforts in ``urban areas'' not subject to State size and weight
enforcement. The FHWA recognized such areas as those with a population
of 5,000 or more. Since the intent of section 658.15(b) was to ensure
adequate enforcement in larger cities, the 1994 final rule changed the
requirement to ``urbanized areas,'' meaning those with a population of
50,000 or more. However, the 1994 rule failed to define ``urbanized
areas.'' In order to clarify the intent of the change, this notice
proposes to adopt a definition of ``urbanized areas'' in 23 CFR 657.3
as areas with a population of 50,000 or more, as defined in 23 U.S.C.
101.
Section 657.11 Evaluation of Operations
Prior to creation of the FMCSA, the responsibility for the
enforcement of vehicle size and weight laws and regulations was a
function of the Office of Motor Carriers within the FHWA. Evaluation or
operations reports were forwarded through the Regional Director of
Motor Carriers. After the creation of the FMCSA, various driver and
vehicle safety inspection functions were transferred from the FHWA's
Office of Motor Carriers to the FMCSA in a final rule published on
October 19, 1999 (64 FR 56270). Not transferred, but remaining within
FHWA, was enforcement of commercial motor vehicle size and weight laws
and regulations. The FHWA proposes to
[[Page 25518]]
remove outdated references to the Office of Motor Carriers and the
Regional Director of Motor Carriers in paragraphs (a) and (b). The
proposed changes reflect changes to the agency's organizational
structure, but do not change the intent or requirements of the section.
Section 657.15 Certification Content
The FHWA proposes to add a period after the citation, ``* * * 49
U.S.C. 31112'' in 23 CFR 657.15(b) so that the word ``Urbanized'' is
the start of a new sentence. It also proposes to delete the last
sentence in 23 CFR 657.15(e) because it is out of date. The requirement
that laws and regulations pertaining to special permits and penalties
be specifically identified and analyzed in accordance with section 123
of the Surface Transportation Assistance Act of 1978 (Pub. L. 95-599,
92 Stat. 2689) has been eliminated by section 3003 of the Federal
Elimination and Sunset Act of 1995 (Pub. L. 104-66, 109 Stat. 1914).
Therefore, the FHWA proposes to eliminate the requirement to collect
this data, since it not only serves no purpose, but also is duplicative
of other requirements for this information. The States would still be
required to report on penalties and permits because policies and
practices in regard to each would still be included as part of the
State enforcement plans required pursuant to 23 CFR 657.9(b)(1)(ii) and
(iii).
The FHWA is further proposing to eliminate a burdensome regulatory
requirement found in section 657.15(f)(3)(iii) related to the reporting
of overwidth movements for divisible loads. The requirement for States
to report the number of permits issued for overwidth movement of a
divisible load is no longer necessary and therefore the FHWA proposes
that it be eliminated. Section 3003 of the Federal Reports Elimination
and Sunset Act of 1995 (Pub. L. 104-66, 109 Stat. 707) eliminated this
reporting requirement. In addition, the number of divisible overwidth
permits issued by States has never been considered in determining
whether a State is adequately enforcing its size and weight laws. The
States have retained the authority to allow overwidth vehicles on the
National Network by requiring a permit, and may issue any number of
such permits on any basis that is deemed appropriate. Consequently,
eliminating the need to report on the number of divisible overwidth
permits issued would relieve States of an unnecessary and burdensome
reporting requirement. This requirement would be deleted from section
657.15(f)(3)(iii).
Section 657.17 Certification Submittal
References to the Office of Motor Carriers in 657.17(a) and (b)
would be replaced in this proposed rule by references to the FHWA. In
addition, the references in 657.17(b) to the ``Office of Motor
Carriers'' and ``Associate Administrator for Motor Carriers'' would be
eliminated, because those positions no longer exist.
Section 657.19 Effect of Failure To Certify or To Enforce State Laws
Adequately
The FHWA proposes to amend this section to replace the outdated
reference to ``Federal-aid highways.'' The requirements in this section
apply not to current Federal-aid highways (which comprise the National
Highway System (NHS)), but to highways which, prior to October 1, 1991,
were designated as part of the Federal-aid primary (FAP), Federal-aid
secondary, (FAS) and Federal-aid urban (FAU) systems.
The second Federal-aid reference is correct because it refers to
Federal-aid funds for the NHS that would be withheld if a State failed
to adequately enforce its size and weight limits on highways that,
prior to October 1, 1991, were designated as the FAP, FAS, and FAU
systems.
Part 658
Section 658.5 Definitions
The current definition for ``Commercial motor vehicle'' was issued
in a final rule published March 12, 2004 (69 FR 11994) and excluded RVs
during the relatively small amounts of time when they are operated for
a commercial purpose, such as being driven from a manufacturer to a
dealer. However, the definition as currently written is flawed because
it would exclude them only when ``operated'' as RVs, i.e., when used
for a private recreational purpose. As a result, RVs operated for a
commercial purpose remained CMVs subject to Federal width limits. The
FHWA is proposing to amend the definition to clarify those movements
that include transportation to/from the manufacturer for customer
delivery, sale, or display purposes are not subject to the provisions
of this part. The FHWA believes that the rare occasions and limited
periods of time in which a recreational vehicle is operated to/from the
manufacturer does not change the characteristic of a vehicle enough to
merit inclusion in the regulation. The FHWA invites comments on the
possible safety effects of this proposed change.
The definition of ``nondivisible'' load or vehicle'' provides
criteria to determine whether or not a load is nondivisible. This
definition is important, because with few exceptions, a State may not
issue an overweight permit for a divisible load. This notice proposes
to expand these criteria to include vehicles loaded with salt, sand,
chemicals or a combination of these materials, to be used in spreading
the materials on any winter roads, and when operating as emergency
response vehicles. These vehicles may be equipped with, or without, a
plow or blade in front. These vehicles would necessarily use the
Interstate System while performing its duties in order to access other
roads. Although these vehicles transport divisible loads and could be
loaded to less than capacity in order to comply with Federal Interstate
weight limits, it would be counterproductive to their mission to
require them to return to their depots for reloading more often. This
would render them less effective in responding to emergency road
conditions. In addition, the vehicles would be overweight for only a
portion of their movement, since the load would be reduced as the
material was deployed.
The FHWA has recognized the importance of treating snow or ice-
covered highways quickly and efficiently. The proposed revision to the
definition of ``non-divisible load or vehicle'' will facilitate the
ability of States to meet emergency snow and ice conditions through the
issuance of special overweight permits for emergency response vehicles.
This proposed change would not extend to vehicles transporting sand,
salt, and/or chemicals for other purposes than those specified above.
The FHWA believes that this proposed change would be a reasonable
action, balancing the safety of the motoring public during harsh winter
weather against the effects of a temporarily overweight snow and ice
removal vehicle. FHWA invites public comment on this proposed change to
the regulations.
Section 4141 of SAFETEA-LU amended section 31111(a) of title 49,
United States Code, to include a definition of ``Drive-away Saddlemount
with Fullmount Vehicle Transporter Combination'' and to impose a
vehicle length limitation of not less than or more than 97 feet on a
drive-away saddlemount with fullmount vehicle transporter combinations.
The SAFETEA-LU section 4141 defines the term ``Drive-away Saddlemount
with Fullmount Vehicle Transporter Combination'' to mean ``a vehicle
combination designed and specifically used to tow up to 3 trucks or
truck tractors, each connected by a saddle to
[[Page 25519]]
the frame or fifth-wheel of the forward vehicle of the truck or truck
tractor in front of it.'' House committee staff that drafted the
amendment alerted the FHWA that the lack of reference in the definition
to the fullmount vehicle was intended to expand the term to include
saddlemount combinations with or without fullmount. The FHWA believes
that this is a reasonable interpretation of the SAFETEA-LU provision.
As a result, the FHWA proposes to add the definition of ``Drive-away
Saddlemount Vehicle Transporter Combination'' to its regulations,
omitting the term fullmount, and amend its regulations at 23 CFR part
658 to extend the 97 foot length limitation to all drive-away
saddlemount vehicle combinations that are specifically designed to tow
up to 3 trucks or truck tractors, each connected by a saddle to the
frame or fifth wheel of the forward vehicle of the truck or truck
tractor in front of it.
Section 347 of the Consolidated Appropriations Resolution, 2003
(Pub. L. 108-7, 117 Stat. 419) included ``over-the-road bus(es)'' in
the temporary exemption already provided for transit vehicles that
allows them to exceed established Federal Interstate axle weights
during Interstate operations. Section 658.5, however, does not contain
a definition of ``over-the-road bus.'' The FHWA therefore proposes
incorporating the previously established definition of ``over-the-road
bus'' found in section 12181(5) of title 42, United States Code into
Sec. 658.5.
Section 658.13 Length
Section 4112 of SAFETEA-LU explicitly adds special rules for
certain property-carrying units operating in Nebraska. Specifically,
truck-tractors pulling trailers or semitrailers, used to transport
custom harvester equipment during harvest months, may be allowed to
operate on Nebraska highways at a length of up to 81 feet, 6 inches.
The FHWA therefore proposes to amend Sec. 658.13 to reflect this
statutory change.
Section 4141 of SAFETEA-LU amended 49 U.S.C. 31111(a) and (b) by
inserting a definition of ``Drive-away Saddlemount with Fullmount
Vehicle Transporter Combination'' and preempted the States from
prescribing or enforcing a regulation that ``imposes a vehicle length
limitation of not less than or more than 97 feet'' on these vehicle
combinations. As discussed above, the FHWA is proposing to amend the
specialized equipment provision Sec. 658.13(e)(1)(iii) to incorporate
this statutory length limit that is now applicable to drive-away
saddlemount vehicle transporter combinations.
Section 658.15 Width
Section 658.15(c)(2) currently exempts recreational vehicles from
width limitations. Because, as discussed above, the FHWA is proposing
to amend 23 CFR 658.5 to eliminate any Federal role in regulating the
width of RVs as commercial motor vehicles, the agency is also proposing
to eliminate this paragraph.
Section 658.17 Weight
Section 347 of the Consolidated Appropriations Resolution, 2003
(Pub. L. 108-7, 117 Stat. 419) included over-the-road buses in the
temporary exemption for transit vehicles. The definition of over-the-
road bus used is that found in section 12181(5) of title 42, United
States Code. Section 1309 of SAFETEA-LU extended the temporary
exemption until October 1, 2009. Subsequently, the Transportation,
Treasury, Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act of 2006 (Pub. L.
109-115, 199 Stat. 2396) provided that a covered State, or any
political subdivision in such State, may not enforce a single axle
weight limitation of less than 24,000 pounds, including enforcement
tolerances, on any transit or over-the-road bus. A ``covered state''
means a State that has enforced, in the period beginning October 6,
1992, and ending on November 30, 2005, a single axle weight limitation
of 20,000 pounds or greater but less than 24,000 pounds. As a result,
the FHWA proposes to amend the regulations in order to reflect the new,
24,000-pound axle weight provision mandated by Congress.
The Energy Policy Act of 2005 (Pub. L. 109-58, 119 Stat. 594)
amended 23 U.S.C. 127(a) to allow an increase in the Federal weight
limits by up to 400 pounds to account for idle reduction systems or
auxiliary power units installed in any heavy-duty vehicle. The intent
of this provision is to promote the use of technologies that reduce
fuel consumption and emissions that result from engine idling. To
qualify for this exception, drivers must present proof by demonstration
and/or certification from the manufacturer, that the idle reduction
technology is functional at all times, does not exceed 400 pounds gross
weight (including fuel), and that the unit cannot be used for any other
purpose. The FHWA is therefore proposing regulations to implement the
standards for certification and weight tolerances of this new statutory
provision. The FHWA encourages public comment on how the certification
and demonstration required by this provision might best be carried out
by State enforcement authorities or other sources.
Section 658.23 LCV Freeze; Cargo-Carrying Unit Freeze
As previously noted, prior to creation of the FMCSA, the
responsibility for the enforcement of vehicle size and weight laws and
regulations was a function delegated to the Office of Motor Carriers
within the FHWA. After the creation of the FMCSA, various driver and
vehicle safety inspection functions were transferred from the FHWA and
the Office of Motor Carriers was eliminated. Consequently, the FHWA
proposes to replace obsolete references to the Office of Motor Carriers
with references to the FHWA.
Appendix A to 23 CFR 658--National Network--Federally-Designated Routes
Section 411(e)(1) of the Surface Transportation Assistance Act of
1982 (Pub. L. 97-424, 96 Stat. 2100) authorized the Secretary to
designate Federal-Aid Primary (FAP) routes (including the Interstate
System) where States must allow vehicles subject to Federal length and
width requirements to operate. The resulting ``National Network'' is
shown in appendix A to 23 CFR part 658. However, the explanatory column
headings in appendix A currently contain an improper reference to the
Federal-aid Primary highways.
This heading is not only incorrect but also unnecessary. It is
incorrect because the final rule implementing the Intermodal Surface
Transportation Efficiency Act of 1991 (ISTEA) (Pub. L. 102-240, 105
Stat. 1914) published June 13, 1991 (59 FR 30392) noted that, ``The
ISTEA [in section 4006(c)] effectively replaced what had been known as
the FAP system with the NHS (National Highway System).'' Thus, it is
inappropriate to refer to the Federal-aid Primary Highway as it no
longer exists. Further, the explanation is unnecessary because there is
no need to indicate how the routes were derived since they are
specifically listed. Therefore, the FHWA proposes to revise the
explanatory heading of the columns in appendix A to read as follows:
[The federally-designated routes on the National Network consist
of the Interstate System, except as noted, and the following
additional highways.]
Similarly, the listing for 16 States (AR, CO, IN, KS, LA, MS, MT,
NE, NV, OH, OK, SD, TX, UT, WA, and WY) in appendix A are followed by
an explanatory statement that reads as follows:
[[Page 25520]]
No additional routes have been federally designated; STAA
dimensioned commercial vehicles may legally operate on all Federal-
aid Primary highways under State law.
This statement is incorrect because there are no longer any
highways designated as FAP, however highways on the National Network
have not been specifically listed for these States so a general
description is necessary. As noted earlier, the ISTEA preserved the
Secretary's authority to designate National Network routes from FAP
routes in existence as of June 1, 1991. Therefore, the FHWA proposes to
revise the explanatory statement to read as follows:
No additional routes have been federally designated; STAA
dimensioned commercial vehicles may legally operate on all highways
which, prior to June 1, 1991, were designated as Federal-aid Primary
highways.
The State of New Mexico has notified the FHWA of route number
changes for routes on its portion of the National Network. These
changes are numerical only and will not change the original network.
The FHWA is therefore proposing to amend appendix A to reflect these
route number changes. A portion of NM 550 has been re-designated NM
516, U.S. 80 has been re-designated NM 80, U.S. 64 now terminates at NM
516 Farmington, and U.S. 666 has been re-designated as NM 491.
Appendix B to Part 658--Grandfathered Semitrailer Lengths
Footnotes 1, 2, and 3 in appendix B to 23 CFR 658 refer to 23 CFR
658.13(h). However, section 658.13 was reorganized in a previous
rulemaking action, at 67 FR 15110, March 29, 2002, and the provisions
that formerly appeared in paragraph (h) are now found in paragraph (g).
The footnotes will be corrected accordingly.
Rulemaking Analyses and Notices
All comments received before the close of business on the comment
closing date indicated above will be considered and will be available
for examination in the docket at the above address. Comments received
after the comment closing date will be filed in the docket and will be
considered to the extent practicable. In addition to late comments, the
FHWA will also continue to file relevant information in the docket as
it becomes available after the comment period closing date, and
interested persons should continue to examine the docket for new
material. A final rule may be published at any time after close of the
comment period.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined preliminarily that this action is not a
significant regulatory action within the meaning of Executive Order
12866 and would not be significant within the meaning of the U.S.
Department of Transportation's regulatory policies and procedures. This
proposed rule will not adversely affect, in a material way, any sector
of the economy. This proposed action changes out-dated references to
offices within the FHWA and updates the current regulations to reflect
changes made by the Congress in SAFETEA-LU and other recent
legislation. Additionally, this proposed action would add various
definitions; correct obsolete references, definitions, and footnotes;
eliminate redundant provisions; amend numerical route changes to the
National Highway designations; and incorporate a statutorily mandated
weight limit provision. There will not be any additional costs incurred
by any affected group as a result of this rule. In addition, these
proposed changes will not interfere with any action taken or planned by
another agency and will not materially alter the budgetary impact of
any entitlements, grants, user fees or loan programs. Consequently, a
regulatory evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), we have evaluated the effects of this proposed
action on small entities and have determined that the proposed action
would not have a significant economic impact on a substantial number of
small entities. The FHWA certifies that this action will not have a
significant economic impact on a substantial number of small entities.
Executive Order 13132 (Federalism)
This proposed action has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132, and the
FHWA has preliminarily determined that this proposed action would not
warrant the preparation of a Federalism assessment. Any federalism
implications arising from this proposed rule are attributable to
SAFETEA-LU sections 4112 and 4141. The FHWA has determined that this
proposed action would not affect the States' ability to discharge
traditional State government functions.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Planning and Construction. The regulations implementing
Executive Order 12372 regarding intergovernmental consultation on
Federal programs and activities apply to this program. Accordingly, the
FHWA solicits comments on this issue.
Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501),
Federal agencies must obtain approval from the Office of Management and
Budget (OMB) for each collection of information they conduct, sponsor,
or require through regulations. The FHWA has determined that this
proposal does not contain collection of information requirements for
the purposes of the PRA.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose unfunded mandates as defined by
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48).
This proposed rule will not result in the expenditure by State, local
and tribal governments, in the aggregate, or by the private sector, of
$120.7 million or more in any one year. (2 U.S.C. 1532) Further, in
compliance with the Unfunded Mandates Reform Act of 1995, the FHWA will
evaluate any regulatory action that might be proposed in subsequent
stages of the proceeding to assess the effects on State, local, and
tribal governments and the private sector.
Executive Order 12988 (Civil Justice Reform)
This proposed action meets applicable standards in sections 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Executive Order 13045 (Protection of Children)
The FHWA has analyzed this proposed action under Executive Order
13045, Protection of Children from Environmental Health Risks and
Safety Risks. The FHWA certifies that this proposed action would not
cause any environmental risk to health or safety that may
disproportionately affect children.
[[Page 25521]]
Executive Order 12630 (Taking of Private Property)
The FHWA has analyzed this proposed rule under Executive Order
12630, Governmental Actions and Interference with Constitutionally
Protected Property Rights. The FHWA does not anticipate that this
proposed action would affect a taking of private property or otherwise
have taking implications under Executive Order 12630.
National Environmental Policy Act
The FHWA has analyzed this proposed action for the purposes of the
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-
4347) and has determined that this proposed action will not have any
effect on the quality of the environment.
Executive Order 13175 (Tribal Consultation)
The FHWA has analyzed this action under Executive Order 13175,
dated November 6, 2000, and believes that the proposed action would not
have substantial direct effects on one or more Indian tribes; would not
impose substantial compliance costs on Indian tribal governments; and
will not preempt tribal law. Therefore, a tribal summary impact
statement is not required.
Executive Order 13211 (Energy Effects)
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a significant
energy action under that order because it is not a significant
regulatory action under Executive Order 12866 and is not likely to have
a significant adverse effect on the supply, distribution or use of
energy. Therefore, a Statement of Energy Effects is not required.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory section listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this section with the
Unified Agenda.
List of Subjects in 23 CFR Parts 657 and 658
Grants Program--transportation, Highways and roads, Motor carriers.
Issued on: April 21, 2006.
Frederick G. Wright,
Federal Highway Administration Executive Director.
In consideration of the foregoing, the FHWA proposes to amend
Chapter I of title 23, Code of Federal Regulations, by revising Parts
657 and 658, respectively, as set forth below.
PART 657--CERTIFICATION OF SIZE AND WEIGHT ENFORCEMENT
1. Revise the authority citation for part 657 to read as follows:
Authority: Sec. 123, Pub. L. 95-599, 92 Stat. 2689, 23 U.S.C.
127, 141 and 315; 49 U.S.C. 31111, 31113 and 31114; sec. 1023, Pub.
L. 102-240, 105 Stat. 1914; and 49 CFR 1.48(b)(19), (b)(23), (c)(1)
and (c)(19).
2. Revise Sec. 657.1 to read as follows:
Sec. 657.1 Purpose.
To prescribe requirements for administering a program of vehicle
size and weight enforcement on highways which, prior to October 1,
1991, were designated as part of the Federal-aid Interstate, Federal-
aid Primary, Federal-aid Secondary, or Federal-aid Urban Systems,
including the required annual certification by the State.
3. Revise Sec. 657.3 to read as follows:
Sec. 657.3 Definitions.
Unless otherwise specified in this part, the definitions in 23
U.S.C. 101(a) are applicable to this part. As used in this part:
Enforcing or Enforcement means all actions by the State to obtain
compliance with size and weight requirements by all vehicles operating
on highways which, prior to October 1, 1991, were designated as part of
the Federal-aid Interstate, Federal-aid Primary, Federal-aid Secondary,
or Federal-aid Urban Systems.
Urbanized area means an area with a population of 50,000 or more.
4. Revise the first sentence of paragraph (a) and revise paragraph
(b) of Sec. 657.11 to read as follows:
Sec. 657.11 Evaluation of operations.
(a) The State shall submit its enforcement plan or annual update to
the FHWA Division Office by July 1 of each year. * * *
(b) The FHWA shall review the State's operation under the accepted
plan on a continuing basis and shall prepare an evaluation report
annually. The State will be advised of the results of the evaluation
and of any needed changes in the plan itself or in its implementation.
Copies of the evaluation reports and subsequent modifications resulting
from the evaluation shall be forwarded to the FHWA's Office of
Operations.
5. Revise paragraphs (b), (e), and (f)(3)(iii) of Sec. 657.15 to
read as follows:
Sec. 657.15 Certification content.
* * * * *
(b) A statement by the Governor of the State, or an official
designated by the Governor, that all State size and weight limits are
being enforced on the Interstate System and those routes which, prior
to October 1, 1991, were designated as part of the Federal-aid
Interstate, Federal-aid Primary, Urban, and Secondary Systems, and that
the State is enforcing and complying with the provisions of 23 U.S.C.
127(d) and 49 U.S.C. 31112. Urbanized areas not subject to State
jurisdiction shall be identified. The statement shall include an
analysis of enforcement efforts in such areas.
* * * * *
(e) A copy of any State law or regulation pertaining to vehicle
size and weights adopted since the State's last certification and an
analysis of the changes made.
(f) * * *
(3) * * *
(iii) Permits. The number of permits issued for overweight loads
shall be reported. The reported numbers shall specify permits for
divisible and nondivisible loads and whether issued on a trip or annual
basis.
6. Revise Sec. 657.17 to read as follows:
Sec. 657.17 Certification submittal.
(a) The Governor, or an official designated by the Governor, shall
submit the certification to the FHWA division office prior to January 1
of each year.
(b) The FHWA division office shall forward the original
certification to the FHWA's Office of Operations and one copy to the
Office of Chief Counsel. Copies of appropriate evaluations and/or
comments shall accompany any transmittal.
7. Revise Sec. 657.19 to read as follows:
Sec. 657.19 Effect of failure to certify or to enforce State laws
adequately.
If a State fails to certify as required by this regulation or if
the Secretary determines that a State is not adequately enforcing all
State laws respecting maximum vehicle sizes and weights on highways
which, prior to October 1, 1991, were designated as part of the
Federal-aid Interstate, Federal-aid primary, Federal-aid secondary or
Federal-aid urban systems, notwithstanding the State's certification,
the Federal-aid funds for the National Highway System apportioned to
the
[[Page 25522]]
State for the next fiscal year shall be reduced by an amount equal to
10 percent of the amount which would otherwise be apportioned to the
State under 23 U.S.C. 104, and/or by the amount required pursuant to 23
U.S.C. 127.
PART 658--TRUCK SIZE AND WEIGHT, ROUTE DESIGNATIONS--LENGTH, WIDTH
AND WEIGHT LIMITATIONS
8. The authority citation for part 658 continues to read as
follows:
Authority: 23 U.S.C. 127 and 315; 49 U.S.C. 31111, 31112, and
31114; 49 CFR 1.48(b)(19) and (c)(19).
9. Amend Sec. 658.5 by revising the definition of ``commercial
motor vehicle'' and paragraph (2) of the definition of ``nondivisible
load or vehicle''; and adding definitions of ``drive-away saddlemount
vehicle transporter combinations'' and ``over-the-road bus'' to read as
follows:
Sec. 658.5 Definitions.
* * * * *
Commercial motor vehicle. For purposes of this regulation, a motor
vehicle designed or regularly used to carry freight, merchandise, or
more than ten passengers, whether loaded or empty, including buses, but
not including vehicles used for vanpools, or recreational vehicles.
Drive-away saddlemount vehicle transporter combination. The term
drive-away saddlemount vehicle transporter combination means a vehicle
combination designed and specifically used to tow up to 3 trucks or
truck tractors, each connected by a saddle to the frame or fifth wheel
of the forward vehicle of the truck tractor in front of it. Such
combinations may include up to one fullmount.
* * * * *
Nondivisible load or vehicle.
(1) * * *
(2) A State may treat as nondivisible loads or vehicles: Emergency
response vehicles, including those loaded with salt, sand, chemicals or
a combination thereof, with or without a plow or blade attached in
front, and being used for the purpose of spreading the material on
highways that are or may become slick or icy; casks designed for the
transport of spent nuclear materials; and military vehicles
transporting marked military equipment or materiel.
Over-the-road bus. The term over-the-road bus means a bus
characterized by an elevated passenger deck located over a baggage
compartment, and typically operating on the Interstate System or roads
previously designated as making up the Federal-aid Primary System.
* * * * *
10. Amend Sec. 658.13 by revising paragraph (e)(1)(iii) and by
adding paragraph (h) to read as follows:
Sec. 658.13 Length.
* * * * *
(e) * * *
(1) * * *
(iii) Drive-away Saddlemount vehicle transporter combinations are
considered to be specialized equipment. No State shall impose an
overall length limit of less or more than 97 feet on such combinations.
This provision applies to drive-away saddlemount combinations with up
to three saddlemounted vehicles. Such combinations may include one
fullmount. Saddlemount combinations must also comply with the
applicable motor carrier safety regulations at 49 CFR 393.71.
* * * * *
(h) Truck-tractors, pulling 2 trailers or semitrailers, used to
transport custom harvester equipment during harvest months within the
State of Nebraska may not exceed 81 feet 6 inches.
11. Revise paragraph (c) of Sec. 658.15 to read as follows:
Sec. 658.15 Width.
* * * * *
(c) Notwithstanding the provisions of this section or any other
provision of law, a State may grant special use permits to motor
vehicles, including manufactured housing, that exceed 102 inches in
width.
12. In Sec. 658.17, revise paragraph (k) and add paragraph (n) to
read as follows:
Sec. 658.17 Weight.
* * * * *
(k) Any over-the-road bus, or any vehicle which is regularly and
exclusively used as an intrastate public agency transit passenger bus,
is excluded from the axle weight limits in paragraphs (c) through (e)
of this section until October 1, 2009. Any State that has enforced,
during the period beginning October 6, 1992 and November 30, 2005, a
single axle weight limitation of 20,000 pounds or greater but less than
24,000 pounds may not enforce a single axle weight limit on these
vehicles of less than 24,000 pounds.
* * * * *
(n) Any vehicle subject to this subpart that utilizes an auxiliary
power or idle reduction technology unit in order to promote reduction
of fuel use and emissions because of engine idling, may be allowed up
to an additional 400 pounds total in gross, axle, and/or tandem axle
weights. To be eligible for this exception, the operator of the vehicle
must be able to prove, by demonstration and/or certification from the
manufacturer, that the idle reduction technology is functional at all
times, does not exceed 400 pounds gross weight (including fuel), and
that the 400 pound weight increase is not used for any other purpose.
Such certification must be available to law enforcement officers at all
times.
13. Revise paragraphs (c) and (e) of Sec. 658.23 to read as
follows:
Sec. 658.23 LCV freeze; cargo-carrying unit freeze.
* * * * *
(c) For specific safety purposes and road construction, a State may
make minor adjustments of a temporary and emergency nature to route
designation and vehicle operating restrictions applicable to
combinations subject to 23 U.S.C. 127(d) and 49 U.S.C. 31112 and in
effect on June 1, 1991 (July 6, 1991, for Alaska). Adjustments which
last 30 days or less may be made without notifying the FHWA. Minor
adjustments which exceed 30 days require approval of the FHWA. When
such adjustments are needed, a State must submit to the FHWA, by the
end of the 30th day, a written description of the emergency, the date
on which it began, and the date on which it is expected to conclude. If
the adjustment involves route designations the State shall describe the
new route on which vehicles otherwise subject to the freeze imposed by
23 U.S.C. 127(d) and 49 U.S.C. 31112 are allowed to operate. To the
extent possible, the geometric and pavement design characteristics of
the alternate route should be equivalent to those of the highway
section which is temporarily unavailable. If the adjustment involves
vehicle operating restrictions, the State shall list the restrictions
that have been removed or modified. If the adjustment is approved, the
FHWA will publish the notice of adjustment, with an expiration date, in
the Federal Register. Requests for extension of time beyond the
originally established conclusion date shall be subject to the same
approval and publications process as the original request. If upon
consultation with the FHWA a decision is reached that minor adjustments
made by a State are not legitimately attributable to road or bridge
construction or safety, the FHWA will inform the State, and the
original conditions of the freeze may be reimposed immediately. Failure
to do so may subject the State to a penalty pursuant to 23 U.S.C. 141.
* * * * *
[[Page 25523]]
(e) States further restricting or prohibiting the operation of
vehicles subject to 23 U.S.C. 127(d) and 49 U.S.C. 31112 after June 1,
1991, shall notify the FHWA within 30 days after the restriction is
effective. The FHWA will publish the restriction in the Federal
Register as an amendment to appendix C to this part. Failure to provide
such notification may subject the State to a penalty pursuant to 23
U.S.C. 141.
* * * * *
Appendix A to Section 658--National Network--Federally Designated
Routes
14. Amend appendix A to part 658 as follows:
A. By removing the words ``[The federally-designated routes on the
National Network consist of the Interstate System, except as noted, and
the following additional highways.]'' and adding, in their place, the
words ``[The federally-designated routes on the National Network
consist of the Interstate System, except as noted, and the following
additional highways.]'' in each place that they appear;
B. By removing the explanatory phrase ``No additional routes have
been federally designated; STAA-dimensioned commercial vehicles may
legally operate on all Federal-aid Primary highways under State law''
for the States of Arkansas, Colorado, Indiana, Kansas, Louisiana,
Mississippi, Montana, Nebraska, Nevada, Ohio, South Dakota, Texas,
Utah, Washington, and Wyoming, and add, in its place, the words, ``No
additional routes have been federally designated; STAA-dimensioned
commercial vehicles may legally operate on all highways which, prior to
June 1, 1991, were designated as Federal-aid primary highways.'';
C. By revising the entries for ``New Mexico'' to read as follows:
New Mexico
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
US 56................................ I-25 Springer................ OK State Line.
US 60................................ AZ State Line................ I-25 Socorro.
US 62................................ U.S. 285 Carlsbad............ TX State Line.
US 64................................ AZ State Line................ NM 516 Farmington.
US 70................................ AZ State Line................ I-10 Lordsburg.
US 70................................ I-10 Las Cruces.............. U.S. 54 Tularosa.
US 70................................ U.S. 285 Roswell............. U.S. 84 Clovis.
NM 80................................ AZ State Line................ I-10 Road Forks.
US 84................................ TX State Line Clovis......... CO State Line.
US 87................................ U.S. 56 Clayton.............. TX State Line.
US 160............................... AZ State Line (Four Corners). CO State Line.
US 285............................... TX State Line s. of Carlsbad. CO State Line.
NM 491............................... 1-40 Gallup.................. CO State Line.
US 516............................... U.S. 64 Farmington........... U.S. 550 Aztec.
US 550............................... NM 516 Aztec................. CO State Line.
US 666............................... I-40 Gallup.................. CO State Line.
----------------------------------------------------------------------------------------------------------------
Appendix B to Part 658--Grandfathered Semitrailer Lengths
15. Amend appendix B to Part 658 in footnotes 1,2, and 3 by
removing the reference ``23 CFR 658.13(h)'' and by adding in its place
``23 CFR 658.13(g)'' each place it appears.
29 [FR Doc. E6-6422 Filed 4-28-06; 8:45 am]
BILLING CODE 4910-22-P