Truck Size and Weight; Technical Corrections

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 658

RIN 2125-AE47

Truck Size and Weight; Technical Corrections

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule; technical corrections.

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SUMMARY: This document amends truck size and weight regulations by

changing the definition of automobile transporters to include those

transporting towed vehicles and truck camper units and extending the

Interstate System axle weight exemption for public transit buses to

October 1, 2003, as provided by the Transportation Equity Act for the

21st Century (TEA-21), Pub. L. 105-178, 112 Stat. 107. Five additional

technical corrections are also being made, to add Alligator Alley (I-

75) to the National Network (NN) listing in Florida; clarify that a

State's grandfathered weight limits for divisible vehicles or loads on

the Interstate System are permanently vested; clarify that the length

of cargo carrying units subject to the freeze in the Intermodal Surface

Transportation Efficiency Act of

[[Page 70651]]

1991 (ISTEA), Pub. L. 102-240, 105 Stat. 1914, are measured from the

front of the first unit to the rear of the last; clarify that the

prohibition against an overall length limit on truck tractor-

semitrailers or truck tractor-semitrailer-trailer combinations is not

affected by grandfathered semitrailer lengths or kingpin settings; and

correct the routes available under the ISTEA freeze in Utah for truck-

trailer-trailer combinations.

DATES: The effective date for this rule is December 22, 1998.

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:

Electronic Access

Internet users can access all comments received by the U.S. DOT

Dockets, Room PL-401, 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 online for more information and

help.

An electronic copy of this document may be downloaded using a modem

and suitable communications software from the Government Printing

Office's Electronic Bulletin Board Service at (202) 512-1661. Internet

users may reach the Federal Register's home page at: http://

www.nara.gov/fedreg and the Government Printing Office's database at:

http://www.access.gpo.gov/nara.

Automobile Transporters

Prior to the signing of TEA-21 on June 9, 1998, the definition of

an automobile transporter in 23 CFR 658.5 read as follows:

Any vehicle combination designed and used specifically for the

transport of assembled (capable of being driven) highway vehicles.

Section 4005 of TEA-21 amended 49 U.S.C. 31111(a) by adding a new

paragraph (1) which defined ``automobile transporter'' as follows:

(1) AUTOMOBILE TRANSPORTER.--The term ``automobile transporter''

means any vehicle combination designed and used specifically for the

transport of assembled highway vehicles, including truck camper units.

The deletion of the parenthetical phrase, ``capable of being

driven'' from the definition indicates that the purpose was to include

vehicles that could not be driven, that is, were not self-propelled.

However, they must still be finished vehicles capable of operating on

highways, which means, among other things, equipped with wheels. This

would include trailers designed to be towed by power units at highway

speeds. The one exception to this is a truck camper unit, which the

Conference Report on TEA-21 [H.R. Conf. Rep. No. 105-550, at 488

(1998)] explained as follows:

The conference adopts the Senate provision. The conference notes

that the phrase ``truck camper units'' is defined in the ANSI A119.2/

NFPA 501C standard on recreational vehicles as ``a portable unit

constructed to provide temporary living quarters for recreational,

travel, or camping use, consisting of a roof, floor, and sides,

designed to be loaded onto and unloaded from the bed of a pickup

truck'' (1996 edition).

This describes a wheel-less unit designed to be loaded on the bed

of a pickup truck before it can operate on a highway. Other wheel-less

units would have to meet this same definition in order for the

transporting unit to be considered an automobile transporter.

Vehicles transporting wrecked automobiles or vehicles used solely

to compete in motorsport competition events may not be considered

automobile transporters. Wrecked automobiles are those that are either

not operable, or if operable to some extent, could not operate safely

on the highways. Vehicles used solely to compete in motorsport

competition events are those that could not legally operate on the

highways. In addition, vehicles transporting incomplete vehicles, such

as ``glider kits'' (which basically consist of a chassis), that require

the addition of further components in order to operate on highways may

not be considered automobile transporters.

Public Transit Buses

Section 1212(c) in TEA-21 amended Section 1023(h)(1) of the

Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 127

note) by extending the Interstate System axle weight exemption for

public transit buses to October 1, 2003. Provisions in 23 CFR 658.17(k)

are changed accordingly.

National Network--Florida

The listing for the National Network in Florida in appendix A to 23

CFR 658 contains a ``Note'' reading as follows:

I-75--Alligator Alley/FL 84 (Toll) between Golden Gate and US 27

Andytown is a designated part of the Interstate System but is unsigned

and not available until constructed to current Interstate standards.

The Florida Division Office of the Federal Highway Administration

has verified that Alligator Alley is now complete and has been

constructed to Interstate standards. Appendix A is amended accordingly

by eliminating the ``Note.''

Measurement of Cargo-Carrying Length

Section 4006 of the ISTEA amended section 411 of the Surface

Transportation Assistance Act of 1982 (STAA) by adding subsection

(j)(7) [now codified at 49 U.S.C. 31112(a)(1)], reading as follows:

CARGO CARRYING UNIT DEFINED.--As used in this subsection, ``cargo

carrying unit'' means any portion of a commercial motor vehicle

combination (other than the truck tractor) used for the carrying of

cargo, including a trailer, semitrailer, or the cargo carrying section

of a single unit truck.

This definition was carried forward into 23 CFR 658.5. However, its

significance is found in Sec. 411(j)(1) which froze the length of the

cargo carrying units of vehicles with two or more such units to not

more than what was in actual, lawful operation in a State on June 1,

1991 [now 49 U.S.C. 31112(b)]. The current definition has been

interpreted by some to mean that the length of each cargo carrying unit

is to be measured separately and added together to get a total length.

However, Sec. 411(j)(3) [49 U.S.C. 31112(a)(2)] provided as follows:

MEASUREMENT OF LENGTH.--For purposes of this subsection, the length

of the cargo carrying units of a commercial motor vehicle combination

is the length measured from the front of the first cargo carrying unit

to the rear of the last cargo carrying unit.

In order to clarify how the cargo carrying units are to be measured

to determine their allowable length under the ISTEA freeze, the

definition of cargo carrying unit in 23 CFR 658.5 is amended by adding

a sentence at the end specifying that they are to be measured from the

front of the first unit to the rear of the last, including the

hitch(es) between the units.

Grandfathered Semitrailer Lengths

Regulations in 23 CFR 658.13(b)(3) read as follows:

Except as noted in paragraphs (c)(1) and (2) of this section, no

State shall impose an overall length limitation on commercial vehicles

operating in truck tractor-semitrailer or truck tractor-

[[Page 70652]]

semitrailer-trailer combinations (emphasis added).

Paragraphs (c) (1) and (2) relate to the requirement that States

must allow the use of grandfathered length semitrailers. The underlined

provision suggests that there is some exception to the prohibition

against an overall length on truck tractor-semitrailer and truck

tractor-semitrailer-trailer combinations depending on the grandfathered

length. It is deleted in order to clarify that the ban on overall

length limits has nothing to do with grandfathered semitrailer lengths.

Grandfathered Weight Limits

Some States have asked whether they would lose their maximum

grandfathered weight limits on the Interstate System by adopting lower

weight limits. No, they would not. Grandfathered weights are vested on

the date specified by Congress and are not affected by subsequent State

action. In order to clarify this, a sentence is added at the end of 23

CFR 658.17(i) reading as follows:

Grandfathered weight limits are vested on the date specified by

Congress and remain available to a State even if it chooses to adopt a

lower weight limit for some period of time.

ISTEA Freeze--Utah

The maximum cargo carrying length of commercial motor vehicles

under the ISTEA freeze is shown in appendix C to 23 CFR 658. The routes

for truck-trailer-trailer combinations in Utah are shown as ``Same as

the UT-TT2 combination with a cargo-carrying length greater than 85

feet'' (emphasis added). This fails to provide routing information for

truck-trailer-trailer combinations with a cargo-carrying length of less

than 85 feet. Information previously filed by the State shows that the

routing for truck-trailer-trailer combinations is the same in all cases

as for UT-TT2s (truck tractor and 2 trailing units). The text for

``Routes'' is revised to reflect this.

Rulemaking 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 reason 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 part 658. This document also contains several interpretations and

general statements of policy that are not subject to notice and comment

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

the FHWA has 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 E.O. 12866 nor is it considered

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

regulatory policies and procedures. The changes reflect statutory

requirements and make several technical corrections. It is anticipated

that the economic impact of this rulemaking will be minimal. 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 status quo. Many of

the changes benefit truckers, albeit without significant economic

consequences, by removing restrictions on their operations or

correcting errors that could have led them to inadvertently violate

Federal standards. For these reasons, the FHWA hereby certifies that

this action will not have a significant economic impact on a

substantial number of small entities.

Unfunded Mandates Reform Act

This rule does not impose unfunded mandates as defined by the

Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rulemaking

relates to the Federal-aid Highway Program which is a financial

assistance program in which State, local, or tribal governments have

authority to adjust their program in accordance with changes made in

the program by the Federal government, and thus is excluded from the

definition of Federal mandate under the Unfunded Mandates Reform Act of

1995.

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 this proceeding does not have sufficient federalism implications

to warrant the preparation of a Federalism Assessment. The statutes

underlying this rule--primarily the ISTEA and TEA-21--specify the

Department's role. None of the changes 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 program.

Paperwork Reduction Act

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. 3501-3520.

National Environmental Policy Act

The agency 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 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 in 23 CFR Part 658

Grants programs--transportation, Highways and roads, Motor

carrier--size and weight.

Issued on: December 10, 1998.

Kenneth R. Wykle,

Federal Highway Administrator.

In consideration of the foregoing, the FHWA amends 23 CFR part 658,

as set forth below:

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

AND WEIGHT LIMITATIONS

1. 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.

2. In Sec. 658.5, the definitions of ``Automobile Transporters''

and ``Cargo-carrying unit'' are revised to read as follows:

Sec. 658.5 Definitions.

Automobile transporters. Any vehicle combination designed and used

specifically for the transport of

[[Page 70653]]

assembled highway vehicles, including truck camper units.

* * * * *

Cargo-carrying unit. As used in this part, cargo-carrying unit

means any portion of a commercial motor vehicle (CMV) combination

(other than a truck tractor) used for the carrying of cargo, including

a trailer, semitrailer, or the cargo-carrying section of a single-unit

truck. The length of the cargo carrying units of a CMV with two or more

such units is measured from the front of the first unit to the rear of

the last [including the hitch(es) between the units].

* * * * *

3. In Sec. 658.13, paragraph (b)(3) is revised to read as follows:

Sec. 658.13 Length.

* * * * *

(b) * * *

(3) No State shall impose an overall length limitation on

commercial vehicles operating in truck tractor-semitrailer or truck

tractor-semitrailer-trailer combinations.

* * * * *

4. In Sec. 658.17, paragraphs (i) and (k) are revised to read as

follows:

Sec. 658.17 Weight.

* * * * *

(i) The provisions of paragraphs (b), (c), and (d) of this section

shall not apply to single-, or tandem-axle weights, or gross weights

legally authorized under State law on July 1, 1956. The group of axles

requirement established in this section shall not apply to vehicles

legally grandfathered under State groups of axles tables or formulas on

January 4, 1975. Grandfathered weight limits are vested on the date

specified by Congress and remain available to a State even if it

chooses to adopt a lower weight limit for a time.

* * * * *

(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 until

October 1, 2003.

* * * * *

Appendix A to Part 658 [Amended]

5. Appendix A to part 658 is amended for the State of Florida by

removing the note at the end of the listing for that State.

Appenix C to Part 658 [Amended]

6. Appendix C to part 658 is amended in the listing for the State

of Utah for the combination ``Truck-trailer-trailer'' under the heading

of ``ROUTES'' by removing the phrase, ``combination with a cargo

carrying length greater than 85 feet.''

[FR Doc. 98-33760 Filed 12-21-98; 8:45 am]

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