Certification of Size and Weight Enforcement

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 657

[FHWA Docket No. 93-28]

RIN 2125-AC60

Certification of Size and Weight Enforcement

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Extension of comment period.

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SUMMARY: On December 16, 1993, the FHWA published an advance notice of

proposed rulemaking (ANPRM) in the Federal Register (58 FR 65830), in

which the agency announced that it was considering proposing changes to

the guidance provided to State highway agencies for preparing annual

vehicle size and weight certifications and enforcement plans. The ANPRM

requested public comment on the type of information and data that

should be submitted by States to support an effective enforcement plan,

and their annual vehicle size and weight enforcement certifications.

The comment period is scheduled to close on March 16, 1994. In order to

allow sufficient time for interested parties to comment on this complex

issue, the FHWA is extending the comment period until May 18, 1994.

DATES: The comment period is extended to May 18, 1994.

ADDRESSES: Submit written, signed comments, to FHWA Docket No.93-28,

Federal Highway Administration, room 4232, HCC-10, Office of the Chief

Counsel, Federal Highway Administration, 400 Seventh Street, SW.,

Washington, DC 20590. All comments received will be available for

examination at the above address between 8:30 a.m. and 3:30 p.m., e.t.,

Monday through Friday except legal Federal holidays. Those desiring

notification of receipt of comments must include a self-addressed,

stamped postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Klimek, Office of Motor

Carrier Information Management (202-366-2212) or Mr. Charles Medalen,

Office of the Chief Counsel (202-366-1354), Federal Highway

Administration, 400 Seventh Street, SW., Washington, DC 20590. Office

hours are from 7:30 a.m. to 4 p.m., e.t., Monday through Friday, except

legal Federal holidays.

SUPPLEMENTARY INFORMATION: To preserve the Nation's investment in the

Interstate Highway System, Congress established in 1956 vehicle weight

limits for the Interstate System (23 U.S.C. 127) and beginning in 1974

required each State to certify annually that it is enforcing its size

and weight laws (23 U.S.C. 141). The Federal-aid Highway Act of 1978,

Public Law 95-599, 92 Stat. 2689, authorized the Department of

Transportation to require that each State provide information in its

certification sufficient to allow evaluation of the State's weight

enforcement program. In 1980, the FHWA promulgated a regulation, 23 CFR

657, Certification of Size and Weight Enforcement, detailing the

information needed from the States to evaluate the State's weight

enforcement program. In addition, the States were 2 required annually

to prepare vehicle size and weight enforcement plans. Each State's plan

was to be the basis against which its enforcement program as summarized

in its certification was to be evaluated.

Currently, States provide in their annual certifications to the

FHWA, due on January 1 of each year, such information as the number of

trucks weighed by scale type, and the total number of citations issued

by type of violation. Permits issued by type, the number of off-loads

and load shifts, and changes to the State's vehicle size and weight

laws and regulations related to permit fees and overweight fines are

also reported.

A State's vehicle size and weight enforcement plan contains, among

other information, an inventory of facilities and equipment, fiscal and

personnel resources, enforcement practices and procedures, program

goals, and an evaluation of current operations. A State's plan is to be

provided to the FHWA for review by July 1 and is to be accepted and in

effect by October 1 of each year.

The comment period for the ANPRM is scheduled to close on March 16,

1994. In order to allow sufficient time for interested parties to

comment on this complex issue, the FHWA is extending the comment period

until May 18, 1994.

List of Subjects in 23 CFR Part 657

Enforcement, Enforcement Plan, Highways and roads, Sanctions, and

Vehicle size and weight certification.

Authority: 23 U.S.C. 127, 141, and 315; 49 CFR 1.48(b)

Issued on: March 8, 1994

Rodney E. Slater,

Federal Highway Administrator.

[FR Doc. 94-5916 Filed 3-14-94; 8:45 am]

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