Truck Size and Weight; Technical Corrections

SUMMARY: This document amends the rule on truck size and weight in Part

658 to extend the Interstate System axle weight exemption for

intrastate public agency transit buses; reduce the maximum length limit

on trailers in triple trailer combinations in Alaska from 45 to 28.5

feet and change the beginning date when they may operate from April 15

to May 1 of each year; correct the maximum weight of LCV's that may

operate on I-15 in Arizona to 129,000 pounds; amend appendix C to show

that longer and heavier vehicles allowed in Nebraska and South Dakota

may operate into Sioux City, Iowa and its commercial zone; correct the

listing of a vehicle combination in Oregon from a longer combination

vehicle (LCV) to a commercial motor vehicle combination subject to the

ISTEA freeze on the length of its cargo carrying units; correct the

maximum weight for LCV's in Michigan to 164,000 pounds; add a listing

in Nebraska for a truck tractor and two trailing unit combination to

operate at a length of 71.5 feet; correct the maximum cargo carrying

length for a truck tractor and two trailing units in Missouri from 109

to 110 feet; exclude I-39 in Wisconsin and exclude I-99 in Pennsylvania

from the Interstate System weight limits; and add regulations for

transporters of vehicles used in motorsport competition events. Four

additional technical corrections clarify the overhang regulations for

automobile transporters, clarify what citations or civil assessments

must be reported by the States in their annual certifications; and

update statutory references in 23 CFR 657 and 658 to reflect 23 U.S.C.

127(d) and 9 U.S.C. 31111-31114, as appropriate.

EFFECTIVE DATE: March 5, 1997.

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

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

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

Administration, Department of Transportation, 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

Transit Vehicles

Section 341 of the Department of Transportation and Related

Agencies Appropriations Act of 1993 (Pub. L. 102-388, 106 Stat. 1520,

at 1552, October 6, 1992) added subsection (h) to section 1023 of the

Intermodal Surface Transportation Efficiency Act of 1992 (ISTEA)

(uncodified, see 23 U.S.C. 127 note). Under subsection (h)(1), ``[t]he

second sentence of section 127 of title 23, United States Code,

relating to axle weight limitations for vehicles using the Dwight D.

Eisenhower System of Interstate and Defense Highways, shall not apply,

for the 2-year period beginning on the date of enactment of this Act,

to any vehicle which is regularly and exclusively used as an intrastate

public agency transit passenger bus. The Secretary may extend such 2-

year period for an additional year.'' The FHWA extended the exemption

to October 6, 1995 (59 FR 60242, November 22, 1994).

Section 326 of the National Highway System Designation Act of 1995

(NHS Act), Pub. L. 104-59, 109 Stat. 568, 592, November 29, 1995,

amended section 1023(h)(1) of the ISTEA to provide that Federal axle

weight limitations ``shall not apply, for the period beginning on

October 6, 1992, and ending on the date on which Federal-aid highway

and transit programs are reauthorized after the date of the enactment

of the National Highway System Designation Act of 1995 (November 28,

1995).'' The current transit programs are authorized through the end of

Fiscal Year 1997 (September 30, 1997). It is expected that these

programs will be reauthorized on or about that date.

The new exemption, like the old, does not mean that transit buses

are exempt from axle weight limits when operating on the Interstate

System. It simply means that the FHWA may not impose financial

sanctions on States that allow transit buses with axle weights in

excess of the Federal limits to operate on the Interstate System.

Section 658.17(k) of 23 CFR will be amended to remove the October

6, 1995, expiration date for the exemption and reflect the statutory

expiration date.

ISTEA Freeze

In its Fiscal Year 1995 certification, Alaska advised that the

maximum length of each trailing unit in a triple trailer combination

has been reduced from 45 to 28.5 feet. It also advised that the

beginning date when triple trailer combinations may operate has been

changed from April 15 to May 1 of each year. Appendix C to 23 CFR part

658 will be amended accordingly.

The weight limits shown in appendix C to 23 CFR part 658 for travel

on I-15 in Arizona are 111,000 pounds for twin trailer combinations and

123,500 pounds for triple trailer combinations. However, the State has

furnished information showing that on or before June 1, 1991, it

authorized twin and triple trailer combinations weighing up to 129,000

pounds, the same as in Nevada and Utah, to operate on I-15 and that

they did operate on I-15 on or before that date. The incorrect listing

was caused by transcription errors compounded by miscommunication.

Appendix C is being amended accordingly.

As shown in appendix C, Iowa did not allow longer combination

vehicles (LCVs) to operate on its Interstate highways on or before June

1, 1991. LCVs are defined as combinations consisting of truck tractors

with two or more semitrailers or trailers that operate on the

Interstate System at weights in excess of 80,000 pounds. In addition,

the State did not allow commercial motor vehicles with two or more

cargo carrying units which exceeded the minimum lengths authorized by

the Surface Transportation Assistance Act of 1982 (STAA) to operate on

the NN on or before June 1, 1991. However, both types of vehicles

operated in Nebraska and South Dakota. Consequently, these heavier and

longer vehicles could not operate across their respective borders into

Sioux City, Iowa. The Congress enacted an exception to the ISTEA freeze

in section 312 of the NHS Act by providing that the heavier and longer

vehicles authorized in Nebraska and South Dakota could travel across

their respective borders into Sioux City, Iowa.

More specifically, Section 312(a) of the NHS Act amended 23 U.S.C.

127(a) to allow vehicles with a gross weight of more than 80,000 pounds

to operate on I-29 and I-129 in Sioux City; amended 23 U.S.C. 127(d)(1)

to permit Iowa to allow longer combination vehicles (LCV's) that were

not in operation in that State on June 1, 1991, to operate on I-29

between the South Dakota border and Sioux City and on I-129 between the

Nebraska border and Sioux City; and amended 49 U.S.C. 31112(c) to

permit Iowa to allow (1) combinations with two or more cargo carrying

units of the length allowed by South Dakota on June 1, 1991, on I-29

between the South Dakota border and Sioux City, and (2) combinations

with two or more cargo carrying units of the length allowed by Nebraska

on June 1, 1991, on I-129 between the Nebraska border and Sioux City.

This provision is permissive and

[[Page 10179]]

not mandatory. However, Mr. Darrel Rensink, Director of the Iowa

Department of Transportation, in a letter dated February 12, 1996,

advised that the State was adopting legislation to implement the

congressional authorization. The legislation, Iowa House Bill 2066,

(76th General Assembly, 2d Sess. (1996))with an immediate effective

date, was signed by the Governor on March 1, 1996. (Iowa Code

Sec. 321.457(2)(f) (1995)).

In subsequent correspondence, Sioux City officials advised that

their intent in seeking Federal legislation was to enable these

vehicles to operate not only in Sioux City proper, but also

``Siouxland'', the commercial zone listed in 49 CFR 1048.101. Although

the Sioux City commercial zone is not mentioned in Sec. 312(a), Iowa

Code Annotated Sec. 321.457.2.g (1985) authorized vehicles of legal

length and weight in adjoining States to operate in the commercial zone

of Iowa border cities. The inclusion of this statute in the Iowa code

for more than 20 years strongly suggests that the supporters and

sponsors of this Federal exception intended it to have the same

geographical reach. Under the circumstances, we believe it is

reasonable to allow the larger and heavier vehicles from Nebraska and

South Dakota to operate on Interstate and NN routes not only in Sioux

City but also in its commercial zone, as that zone existed on the date

of enactment of the NHS Designation Act (November 28, 1995). Further

expansion of the area covered by the exception will not be allowed even

if the Sioux City commercial zone later expands as a result of

population increase or expansion of the corporate limits of Sioux City.

Appendix C will be amended accordingly.

Appendix C lists a truck-trailer--LCV combination authorized to

operate in Oregon. Information received from the State dated January

31, 1992, and November 2, 1994, shows that the vehicle in actual and

lawful operation in the State before June 2, 1991, was a truck-trailer

combination operating at a maximum overall length of 75 feet. However,

a truck-trailer combination cannot be an LCV, since the latter is

defined as a combination of a truck tractor and two or more trailers.

Appendix C will be corrected to delete the LCV listing and show the

maximum cargo carrying unit length for this truck-trailer combination

as 70 feet, 5 inches.

The maximum weight in Michigan for a truck tractor and 2 trailing

units shown in appendix C of 23 CFR part 658 was corrected from 154,000

to 164,000 pounds in the Federal Register of March 22, 1995 (60 FR

15212) for the reasons given. However, the correction was inadvertently

not made in the ``STATE'' section and is being done at this time.

The listing for Nebraska in appendix C is being corrected based on

material previously submitted to the FHWA by the State as described in

a March 20, 1992 (57 FR 9900) notice of proposed rulemaking. The State

may issue permits for a truck tractor and 2 trailing unit combination

to exceed 65 feet in length by 10 percent (up to 71.5 feet) when

carrying seasonally harvested products from the field where they are

harvested to storage, market, or stockpile in the field or from

stockpile to market or factory when failure to move such product or

products in abundant quantities would cause an economic loss to the

person or persons whose product or products are being transported or

when failure to move such product or products in as large quantities as

possible would not be in the best interests of the national defense or

general welfare. Permits are valid for 30 days and are renewable four

times per year. Such a combination may not travel on the Interstate

System and is limited to a maximum of 70 miles per permitted trip

between origin and destination.

Appendix C provides that vehicles from Kansas, Nebraska, and

Oklahoma that do not exceed the ISTEA length freeze may travel up to 20

miles into Missouri. The maximum cargo carrying length for a truck

tractor and 2 trailing units listed for Missouri is 109 feet, the same

as in Kansas, rather than 110 feet as in Oklahoma. The maximum cargo

carrying length for Missouri will be corrected to 110 feet.

Additions to Interstate System

Section 312(b) of the NHS Act provided that if the 104-mile portion

of Wisconsin State Route 78 and U.S. Route 51 between I-90/94 near

Portage, Wisconsin, and Wisconsin State Route 29 south of Wausau was

designated as part of the Interstate System, the Interstate weight

limits would not apply with respect to the operation of any vehicle

that could legally operate on this 104 mile segment before November 28,

1995. The route was designated as I-39 on January 11, 1996, and,

therefore, 23 CFR 658.17 is amended to reflect that State weight limits

in effect before November 28, 1995, will continue to apply for vehicles

that could legally operate on it at that time.

Section 404 of the ICC Termination Act of 1995 (ICCTA), Pub. L.

104-88, 109 Stat. 803, 956, December 29, 1995, amended 23 U.S.C. 127 by

adding new subsection (g) which provided that if the segment of U.S.

Route 220 between Bedford and Bald Eagle, Pennsylvania, was designated

as part of the Interstate System, the single axle weight, tandem axle

weight, gross vehicle weight, and the bridge formula limits would be

those that applied to any vehicle which could have operated on it

before December 29, 1995. The route from the I-70/76 Pennsylvania

Turnpike Exit 11 connection interchange near Bedford northerly to the

U.S. 220/PA 350 interchange near Bald Eagle was designated as I-99 on

January 26, 1996. Therefore, 23 CFR 658.17 is amended to reflect that

State weight limits in effect before December 29, 1995, will continue

to apply for vehicles that could legally operate on what is now I-99.

Motorsports Trailers

Section 104(b) of the ICCTA amended 49 U.S.C. 31111(b)(1), part of

the Surface Transportation Assistance Act of 1982 (STAA), by adding a

new paragraph (E) which, in context, provides as follows:

(b) GENERAL LIMITATIONS.--(1) Except as provided in this

section, a State may not prescribe or enforce a regulation of

commerce that * * *.

(E) imposes a limitation of less than 46 feet on the distance

from the kingpin to the center of the rear axle on trailers used

exclusively or primarily in connection with motorsports competition

events.

Although the statute uses the word ``trailers,'' the issue of

kingpin settings arises almost exclusively in connection with

semitrailers. The FHWA does not believe the word ``trailers'' was used

as a term of art to mean a freight vehicle where no part of its weight,

except the hitch, rests on the towing unit but was intended to include

and primarily refer to semitrailers, where the front of the towed unit

rests upon the self-propelled towing unit.

The STAA requires all States to allow truck tractors to operate in

combination with 48-foot or grandfathered length semitrailers on the

National Network and reasonable access routes. In the States of

California, Indiana, and Wisconsin, where 53 feet is the grandfathered

semitrailer length, subject to minimum kingpin distances of 38 feet,

40.5 feet, and 41 feet, respectively, these kingpin distances have been

superseded for vehicles subject to 23 CFR 658.13(h). The grandfathered

lengths remain 53 feet but the minimum kingpin settings have been

amended to reflect the minimum 46-foot distance required for the

vehicles described in paragraph (h). A minimum kingpin setting of 46

feet also applies to motorsports semitrailers to which States might

later attempt to apply a kingpin

[[Page 10180]]

rule. The 46-foot minimum applies whether the length of such

semitrailers is grandfathered under appendix B to part 658 or governed

solely by State law.

The statute prohibits States from setting kingpin distances of less

than 46 feet for trailers used exclusively or ``primarily'' in

connection with motorsports competition events. This would include such

trailers when transporting competition vehicles to or from off-track

repair shops, storage facilities between races, or similar facilities.

A question may arise as to whether a vehicle transporting

competition vehicles may be considered an automobile transporter

subject to a 65-foot minimum overall length limit (75-foot if stinger

steered). Although the statute does not specifically address this

issue, kingpin settings are seldom at issue in automobile transporters

since States may not require settings that would prevent them from

realizing the minimum overall lengths. Furthermore, automobile

transporters are defined as vehicle combinations ``designed and used

specifically for the transport of assembled highway vehicles,'' while

the title of section 104(b) makes it clear that these trailers are

designed to carry ``off-road, competition vehicles.'' In addition, the

trailers that are used to haul competition vehicles usually include

other facilities, such as workshops or lounges. This fact would

disqualify them from being considered automobile transporters.

Technical Amendments

A sentence in 23 CFR 658.13(e)(1)(ii) reads, ``Further, no State

shall impose a front overhang limitation of less than three (3) feet

nor a rearmost overhand limitation of less than four (4) feet.'' The

word ``overhand'' is an obvious error and will be changed to

``overhang.''

Regulations in 23 CFR 657.15(f)(3)(ii) read as follows:

Penalties reported shall include citations issued, civil

assessments, and incidences of load shifting or off-loading of

excess weight categorized as follows: violations of axle and/or

gross vehicle weights, or violations resulting from application of

the bridge formula.

One State has interpreted this to mean that it may choose between

reporting only axle and gross weight violations or only bridge formula

violations. The purpose of the regulation is to require States to

provide information used in evaluating the adequacy of their

enforcement efforts, as explained in the preamble to the final rule

published on August 7, 1980 (45 FR 52365):

The certification shall include citations for gross and axle

weights and also now must include, by specific reference, violations

of the bridge formula, which is the central element in ensuring

compliance with 23 U.S.C. 127. * * * It is essential that the bridge

formula be enforced and it is not possible to evaluate State efforts

in this respect without a specific reporting of activity. (45 FR

52368).

The regulation will be clarified accordingly.

Statutory references in 23 CFR 657.15 (b) and (c)(2), and 23 CFR

658.23 (c) and (e) will be updated to the current codification or

recodification.

Regulatory Analyses and Notices

The Administrative Procedure Act allows agencies engaged in

rulemaking to dispense with prior notice to the public when the agency

for good cause finds that such procedure is impracticable, unnecessary,

or contrary to the public interest. 5 U.S.C. 553(b). The FHWA has

determined that providing prior notice on this action is unnecessary

because it merely amends regulations to incorporate statutory

requirements and makes several technical corrections to 23 CFR parts

657 and 658, and appendix C to 23 CFR part 658. This document also

contains several interpretations and general statements of policy which

are not subject to notice and comment procedures under the

Administrative Procedure Act. For the reasons set forth here, the FHWA

has also determined that it has good cause under 5 U.S.C. 553(d)(3) to

make the rule effective upon publication in the Federal Register.

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

The FHWA has determined that this action is not a significant

regulatory action within the meaning of Executive Order 12866 or

significant within the meaning of U.S. Department of Transportation

Regulatory Policies and Procedures. The changes will reflect the

statutory requirements and make several technical corrections. It is

anticipated that the economic impact of this rulemaking will be

minimal. Most of the new regulations adopted here codify statutes

designed to preserve the status quo. The amended regulations were

requested by the States, are substantively insignificant even to the

parties affected or correct ministerial errors in previous rules; some

fall into more than one category. Therefore a full regulatory

evaluation is not required.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-

612), the FHWA has evaluated the effects of this rule on small

entities. Most of these rules simply preserve the current status quo.

Many of the changes benefit truckers by removing restrictions on their

operations or correcting errors that could have led them inadvertently

to violate Federal standards. The change with the greatest apparent

impact--reducing the length of the trailers allowed in a triple-trailer

combination in Alaska--is a ministerial amendment to codify a decision

made by the State under State law. For these reasons, the FHWA hereby

certifies that this action will not have a significant economic impact

on a substantial number of small entities.

Executive Order 12612 (Federalism Assessment)

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that it does not have sufficient federalism implications to warrant the

preparation of a federalism assessment. The Statutes underlying this

rule--primarily the ISTEA, the NHS Designation Act, and the ICC

Termination Act--specify the Department's role. These technical

amendments carry out the various Congressional mandates. Nearly all of

the changes that affect the States were requested by the States. None

preempts any significant State activity or authority.

Executive Order 12372 (Intergovernmental Review)

The regulations implementing Executive Order 12372 regarding

intergovernmental consultation on Federal programs and activities do

not apply to this proceeding.

Paperwork Reduction

This action does not add or expand a collection of information

requirement for purposes of the Paperwork Reduction Act of 1995, 44

U.S.C. 3501 et seq.

National Environmental Policy Act

The FHWA has analyzed this action for the purpose of the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has

determined that this action would not have any effect on the quality of

the environment.

Regulation Identification Number

A regulation identification 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 April and

[[Page 10181]]

October of each year. The RIN contained in the heading of this document

can be used to cross reference this action with the Unified Agenda.

List of Subjects

23 CFR Part 657

Enforcement, Enforcement plan, Highways and roads, Sanctions, and

Vehicle size and weight certification.

23 CFR Part 658

Grant programs--transportation, Highways and roads, and Motor

carrier size and weight.

Issued on: February 5, 1997.

Rodney E. Slater

Federal Highway Administrator.

In consideration of the foregoing, the FHWA is amending 23 CFR,

subchapter G, parts 657 and 658 as set forth below.

PART 657--CERTIFICATION OF SIZE AND WEIGHT ENFORCEMENT

1. The authority citation for 23 CFR part 657 is revised 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. 31111-31114; sec. 1023, Pub. L. 102-

240, 105 Stat. 1914; and 49 CFR 1.48 (b) and (c).

2. In Sec. 657.15, paragraphs (b) and (c)(2) are amended removing

the words ``49 U.S.C. app. 2311(j)'' and adding ``49 U.S.C. 31112''.

3. In Sec. 657.15, paragraph (f)(3)(ii) is revised to read as

follows:

Sec. 657.15 Certification content.

* * * * *

(f) * * *

(3) * * *

(ii) Penalties. Penalties reported shall include the number of

citations or civil assessments issued for violations of each of the

following: Axle, gross and bridge formula weight limits. The number of

vehicles whose loads are either shifted or offloaded must also be

reported.

* * * * *

PART 658--TRUCK SIZE AND WEIGHT, ROUTE DESIGNATIONS--LENGTH, WIDTH,

AND WEIGHT LIMITATIONS

4. The authority citation for 23 CFR part 658 is revised to read as

follows:

Authority: 23 U.S.C. 127 and 315; 49 U.S.C. 31111-31114; 49 CFR

1.48 (b) and (c).

5. In Sec. 658.13, paragraph (e)(1)(ii) is amended by removing the

word ``overhand'' and adding the word ``overhang'', and paragraph (h)

is added to read as follows:

Sec. 658.13 Length.

* * * * *

(h) No State shall impose a limitation of less than 46 feet on the

distance from the kingpin to the center of the rear axle on trailers or

semitrailers used exclusively or primarily to transport vehicles in

connection with motorsports competition events.

6. In Sec. 658.17, paragraph (k) is revised and new paragraphs (l)

and (m) are added to read as follows:

Sec. 658.17 Weight.

* * * * *

(k) 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 from

October 6, 1992, until the date on which Federal-aid highway and

transit programs are reauthorized after November 28, 1995.

(l) The provisions of paragraphs (b) through (e) of this section

shall not apply to the operation, on the 104 mile portion of I-39

between I-90/94 near Portage, Wisconsin, and Wisconsin State Route 29

south of Wausau, Wisconsin, of any vehicle that could legally operate

on this highway section before November 28, 1995.

(m) The provisions of paragraphs (b) through (e) of this section

shall not apply to the operation, on I-99 between Bedford and Bald

Eagle, Pennsylvania, of any vehicle that could legally operate on this

highway section before December 29, 1995.

7. In 23 CFR 658.23, paragraphs (c) and (e) are amended by removing

the words ``sections 1023 and 4006 of Pub. L. 102-240'' and adding ``23

U.S.C. 127(d) and 49 U.S.C. 31112'' wherever they appear.

8. Appendix B to part 658 is amended by revising footnote numbers

1, 2, and 3 for the States of California, Indiana, and Wisconsin,

respectively, to read as follows:

Appendix B to Part 658--Grandfathered Semitrailer Lengths

* * * * *

\1\ Semitrailers up to 53 feet may also operate without a permit

by conforming to a kingpin-to-rearmost axle distance of 38 feet.

Semitrailers that are consistent with 23 CFR 658.13(h) may operate

without a permit provided the distance from the kingpin to the

center of the rear axle is 46 feet or less.

\2\ Semitrailers up to 53 feet in length may operate without a

permit by conforming to a kingpin-to-rearmost axle distance of 40

feet 6 inches. Semitrailers that are consistent with 23 CFR

658.13(h) may operate without a permit provided the distance from

the kingpin to the center of the rear axle is 46 feet or less.

\3\ Semitrailers up to 53 feet in length may operate without a

permit by conforming to a kingpin-to-rear axle distance of 41 feet,

measured to the center of the rear tandem assembly. Semitrailers

that are consistent with 23 CFR 658.13(h) may operate without a

permit provided the distance from the kingpin to the center of the

rear axle is 46 feet or less.

9. Appendix C to part 658 is amended as follows:

A. By revising the entries for the States of Arizona, Iowa,

Missouri, and Oregon in the table entitled ``Vehicle Combinations

Subject to Pub. L. 102-240''.

B. By changing the maximum length of each trailing unit in a

triple trailer combination in Alaska from 45 to 28.5 feet and also

changing the beginning date when they may operate from April 15 to

May 1 of each year.

C. By changing the maximum weight for double and triple trailer

combinations that may operate in Arizona on I-15 from 111,000 and

123,500 pounds, respectively, to 129,000 pounds.

D. By adding the State of Iowa to the detailed State listing to

reflect the fact that vehicles subject to the ISTEA freeze in

Nebraska and South Dakota are authorized to operate on I-29 and I-29

from their borders into Sioux City.

E. In the listing for the State of Michigan for the combination

``Truck tractor and 2 trailing units--LCV'' by revising the weight

under the heading ``Maximum Allowable Gross Weight''.

F. By adding a listing in Nebraska for a truck tractor and 2

trailing unit combination over 65 feet up to 71.5 feet in length

when carrying seasonally harvested products for a maximum of 70

miles per permitted trip between origin and destination.

G. In the listing for the State of Missouri for the combination

``Truck tractor and 2 trailing units--LCV'' by revising the ``Length

of the Cargo-Carrying Units'' from 109 to 110 feet.

H. In the listing for the State of Oregon by removing the

combination ``Truck-trailer--LCV'' and by adding new text for the

combination ``Truck-trailer''.

The amended, added, and revised portions of appendix C read as

follows:

Appendix C to Part 658--Trucks Over 80,000 Pounds on the Interstate

System and Trucks Over STAA Lengths on the National Network

* * * * *

[[Page 10182]]

Vehicle Combinations Subject to Pub. L. 102-240

----------------------------------------------------------------------------------------------------------------

Truck tractor and 2 trailing Truck tractor and 3 trailing

State units units Other

----------------------------------------------------------------------------------------------------------------

* * * * * *

Arizona............................. 95' 129K 95' 129K (1)

* * * * * *

*

Iowa................................ 100' 129K 100' 129K 78'

* * * * * *

*

Missouri............................ 110' 120K(4) 109' 120K NO

* * * * * *

*

Oregon.............................. 68' 105.5K 96' 105.5K 70' 5''

* * * * * *

*

----------------------------------------------------------------------------------------------------------------

(4) These dimensions do not apply to the same combinations. The

110-foot length is limited to vehicles entering from Oklahoma, also

limited to 90K gross weight. The 120K gross weight is limited to

vehicles entering from Kansas, also limited to a cargo carrying

length of 109 feet.

* * * * *

State: Alaska

Combination: Truck Tractor and 3 Trailing Units.

* * * * *

Vehicle: Individual trailer length in a three trailing unit

combination shall not exceed 28.5 feet. Engine horsepower rating

shall not be less than 400 horsepower.

These combinations are allowed to operate only between May 1 and

September 30 of each year. Weather restrictions are imposed when

hazardous conditions exist, as determined by the Alaska DOT&PF and

the Department of Public Safety, Division of State Troopers. No

movement is permitted if visibility is less than 1,000 feet.

State: Arizona

Combination: Truck Tractor and 2 Trailing Units--LCV.

* * * * *

Maximum Allowable Gross Weight: 129,000 pounds.

Operational Conditions:

* * * * *

Weight: Single-axle maximum weight limit is 20,000 pounds,

tandem-axle maximum weight limit is 34,000 pounds, and the gross

vehicle weight limit is 129,000 pounds, subject to the Federal

Bridge Formula.

* * * * *

Access: Access is allowed for 20 miles from I-15 Exits 8 and 27

or 20 miles from other authorized routes.

* * * * *

State: Arizona

Combination: Truck tractor and 3 trailing units--LCV.

* * * * *

Maximum Allowable Gross Weight: 123,000 pounds (129,000 pounds

on I-15).

Operational Conditions:

* * * * *

Weight: Single-axle maximum weight limit is 20,000 pounds,

tandem-axle maximum weight limit is 34,000 pounds, and the gross

vehicle weight is 123,500 pounds (129,000 on I-15), subject to the

Federal Bridge Formula.

State: Iowa

Combination: Truck tractor and 2 trailing units--LCV.

Length of the Cargo-Carrying Units: 100 feet when entering Sioux

City from South Dakota or South Dakota from Sioux City; 65 feet when

entering Sioux City from Nebraska or Nebraska from Sioux City..

Maximum Allowable Gross Weight: 129,000 pounds when entering

Sioux City from South Dakota or South Dakota from Sioux City; 95,000

pounds when entering Sioux City from Nebraska or Nebraska from Sioux

City.

Operational Conditions:

Iowa allows vehicles from South Dakota and Nebraska access to

terminals which are located within the corporate limits of Sioux

City and its commercial zone as shown in 49 CFR 1048.101 on November

28, 1995. These vehicles must be legal in the State from which they

enter Iowa.

Weight, Driver, Vehicle, and Permit: Same conditions which apply

to a truck tractor and 2 trailing units legally operating in South

Dakota or Nebraska.

Access: These combinations may operate on any road within the

corporate limits of Sioux City and its commercial zone as shown in

49 CFR 1048.101 on November 28, 1995, when authorized by appropriate

State or local authority.

Routes: LCV combinations may operate on all Interstate System

routes in Sioux City and its commercial zone as shown in 49 CFR

1048.101 on November 28, 1995. If subject only to the ISTEA freeze

on length, they may operate on all NN routes in Sioux City and its

commercial zone, as above.

Legal Citations: Iowa Code Sec. 321.457(2)(f) (1995).

State: Iowa

Combination: Truck tractor and 3 trailing units--LCV

Length of Cargo-Carrying Units: 100 feet when entering Sioux

City from South Dakota or South Dakota from Sioux City.

Maximum Allowable Gross Weight: 129,000 POUNDS when entering

Sioux City from South Dakota or South Dakota from Sioux City.

Operational Conditions:

Weight, Driver, Vehicle, and Permit: Same as the SD-TT3

combination.

Access: Same as the IA-TT2 combination.

Routes: Same as the IA-TT2 combination.

Legal Citation: Same as the IA-TT2 combination.

State: Iowa

Combination: Truck-trailer

Length of the Cargo-Carrying Units: 78 feet when entering Sioux

City from South Dakota or South Dakota from Sioux City; 68 feet when

entering Sioux City from Nebraska or Nebraska from Sioux City.

Operational Conditions:

Iowa allows vehicles from South Dakota and Nebraska access to

terminals which are located within the corporate limits of Sioux

City and its commercial zone, as shown in 49 CFR 1048.101 on

November 28, 1995. These vehicles must be legal in the State from

which they enter Iowa.

Weight, Driver, Vehicle, and Permit: Same conditions which apply

to a truck-trailer combination legally operating in Nebraska or

South Dakota.

Access: Same as the IA-TT2 combination.

Routes: Same as IA-TT2 combination.

Legal Citation: Same as the IA-TT2 combination.

* * * * *

State: Michigan

* * * * *

Combination: Truck tractor and 2 trailing units--LCV.

* * * * *

Maximum Allowable Gross Weight: 164,000 pounds.

Operational Conditions:

Weight: The single-axle weight limit for LCV's is 18,000 pounds

for axles spaced 9 feet or more apart. For axles spaced more than

3.5 but less than 9 feet apart, the single-axle weight limit is

13,000 pounds. The tandem-axle weight limit is 16,000 pounds per

axle for the first tandem and 13,000 pounds per axle for all other

tandems. Axles spaced less than 3.5 feet apart are limited to 9,000

pounds per axle. Maximum load per

[[Page 10183]]

inch width of tire is 700 pounds. Maximum gross weight is determined

based on axle and axle group weight limits.

When restricted seasonal loadings are in effect, load per inch

width of tire and maximum axle weights are reduced as follows: Rigid

pavements--525 pounds per inch of tire width, 25 percent axle weight

reduction; Flexible pavements--450 pounds per inch of tire width, 35

percent axle weight reduction.

* * * * *

State: Missouri

Combination: Truck tractor and 2 trailing units--LCV.

Length of the Cargo Carrying Units: 110 feet.

State: Nebraska

Combination: Truck tractor and 2 trailing units--LCV

Length of the Cargo-Carrying Units: 95 feet for combination

units traveling empty. 65 feet for combination units carrying cargo,

except those carrying seasonally harvested products from the field

where they are harvested to storage, market, or stockpile in the

field, or from stockpile to market, which may extend the length to

71.5 feet.

Operational Conditions:

Weight: Maximum weight:

Single axle = 20,000 pounds

Tandem axle = 34,000 pounds

Gross = Determined by Federal Bridge Formula B, but not to

exceed 95,000 pounds.

* * * * *

Permit: A weight permit in accordance with Chapter 12 of the

Nebraska Department of Roads (NDOR) Rules and Regulations is

required for operating on the Interstate System with weight in

excess of 80,000 pounds.

A length permit, in accordance with Chapters 8 or 11 of the NDOR

Rules and Regulations, is required for two trailing unit

combinations with a length of cargo-carrying units over 65 feet.

Except for permits issued to carriers hauling seasonally harvested

products in combinations with a cargo-carrying length greater than

65 feet but not more than 71.5 feet which may move as necessary to

accommodate crop movement requirements, holders of length permits

are subject to the following conditions.

Movement is prohibited on Saturdays, Sundays, and holidays; when

ground wind speed exceeds 25 miles per hour; when visibility is less

than 800 feet; or when steady rain, snow, sleet, ice, or other

conditions cause slippery pavement. Beginning November 15 until

April 16 permission to move must be obtained from the NDOR Permit

Office within 3 hours of movement. Beginning April 16 until November

15 permission to move must be obtained within 3 days of the

movement.

Fees are charged for all permits. Length permits for

combinations carrying seasonally harvested products are valid for 30

days and are renewable but may not authorize operation for more than

120 days per year.

All permits are subject to revocation if the terms are violated.

Access: Access to NN routes is not restricted for two trailing

unit combinations with a cargo-carrying length of 65 feet or less,

or 71.5 feet or less if involved in carrying seasonally harvested

products. For two trailing unit combinations with a cargo-carrying

length greater than 65 feet and not involved in carrying seasonally

harvested products, access to and from I-80 is limited to designated

staging areas within six miles of the route between the Wyoming

State Line and Exit 440 (Nebraska Highway 50); and except for

weather, emergency, and repair, cannot reenter I-80 after exiting.

Routes: Except for length permits issued to carriers hauling

seasonally harvested products in combinations with a cargo-carrying

length greater than 65 feet but not more than 71.5 feet which may

use all non-Interstate NN routes, vehicles requiring length permits

are restricted to Interstate 80 between the Wyoming State Line and

Exit 440 (Nebraska Highway 50). Combinations not requiring length

permits may use all NN routes.

* * * * *

State: Nebraska

Combination: Truck tractor and 3 trailing units.

* * * * *

Operational Conditions:

* * * * *

Driver: Same as the NE-TT2 combination.

Permit: A length permit, in accordance with Chapter 11 of the

NDOR Rules and Regulations is required for a three trailing unit

combination. Conditions of the length permit prohibit movements on

Saturdays, Sundays, and holidays; when ground wind speed exceeds 25

miles per hour; and when visibility is less than 800 feet. Movement

is also prohibited during steady rain, snow, sleet, ice, or other

conditions causing slippery pavement. Beginning November 15 until

April 16 permission to move must be obtained from the NDOR Permit

Office within 3 hours of movement. Beginning April 16 until November

15 permission to move must be obtained within 3 days of the

movement. A fee is charged for the annual length permit. These

permits can be revoked if the terms are violated.

Access: Access to and from I-80 is limited to designated staging

areas within 6 miles of the route between Wyoming State Line and

Exit 440 (Nebraska Route 50). Except for weather, emergency, and

repair, three trailing unit combinations cannot reenter the

Interstate after having exited.

* * * * *

State: Oregon

Combination: Truck-trailer.

Length of Cargo-Carrying Units: 70 feet, 5 inches.

Weight: This combination must operate in compliance with State

laws and regulations. Because it is not an LCV, it is not subject to

the ISTEA freeze as it applies to maximum weight.

Driver, Access, Routes, and Legal Citations: Same as OR-TT2

combination.

Vehicle: The truck or trailer may be up to 40 feet long not to

exceed 75 feet overall. The truck may have a built-in hoist to load

cargo. Any towed vehicle in a combination must be equipped with

safety chains or cables to prevent the towbar from dropping to the

ground in the event the coupling fails. The chains or cables must

have sufficient strength to control the towed vehicle in the event

the coupling device fails and must be attached with no more slack

than necessary to permit proper turning. However, this requirement

does not apply to a fifth-wheel coupling if the upper and lower

halves of the fifth wheel must be manually released before they can

be separated.

Permit: No overlength permit required.

* * * * *

[FR Doc. 97-5426 Filed 3-4-97; 8:45 am]

BILLING CODE 4910-22-P