Size and Weight Enforcement and Regulations, 25516-25523 [E6-6422]
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Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Proposed Rules
Rule Notice of Proposed Rule Making.
69 FR 23701, 23704 (April 30, 2004).
As for compliance requirements,
small and large entities subject to the
revised fee rule will pay the same rates
to obtain access to the National Do Not
Call Registry in order to reconcile their
calling lists with the phone numbers
maintained in the National Registry. As
noted earlier, however, compliance
costs for small entities are not
anticipated to have a significant impact
on small entities, to the extent the
Commission believes that compliance
costs for those entities will be largely
minimized by their ability to obtain data
for up to five area codes at no charge.
E. Duplication With Other Federal Rules
None.
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F. Discussion of Significant Alternatives
The Commission recognizes that
alternatives to the proposed revised fee
are possible. For example, instead of a
fee based on the number of area codes
that a telemarketer accesses from the
National Registry, access could be
provided on the basis of a flat fee
regardless of the number of area codes
accessed. The Commission believes,
however, that these alternatives would
likely impose greater costs on small
businesses, to the extent they are more
likely to access fewer area codes than
larger entities.
Another alternative the Commission
has considered entails providing small
businesses with free access to the
National Registry.40 This alternative
would require entities seeking an
exemption from the fees to submit
information regarding their annual
revenues, to determine whether they
meet the statutory threshold to be
classified a small business and exempt
from the fees. The Commission
continues to believe, however, ‘‘an
alternative approach that would provide
small business with exemptive relief
more directly tied to size status would
not balance the private and public
interests at stake any more equitably or
reasonably than the approach currently
proposed by the Commission.’’ 41 The
Commission also continues to believe
that ‘‘such a system would present
greater administrative, technical, and
legal costs and complexities than the
Commission’s current proposal which
does not require any proof or
verification of that status.’’ 42
Accordingly, the Commission believes
its current proposal is likely to be the
40 See 69 FR at 45583; see also 68 FR 16238,
16243 n.53 (April 3, 2003).
41 See 68 FR at 16243 n.53.
42 Id.
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least burdensome for small businesses,
while achieving the goal of covering the
necessary costs to implement and
enforce the Amended TSR.
Despite these conclusions, the
Commission welcomes comment on any
significant alternatives that would
further minimize the impact on small
entities, consistent with the objectives
of the Telemarketing Act, the 2006
Appropriations Act, and the
Implementation Act.
List of Subjects in 16 CFR Part 310
Telemarketing, Trade practices.
VII. Proposed Rule
Accordingly, for the reasons stated in
the preamble, the Federal Trade
Commission proposes to amend part
310 of title 16 of the Code of Federal
Regulations as follows:
PART 310—TELEMARKETING SALES
RULE
1. The authority citation for part 310
continues to read as follows:
Authority: 15 U.S.C. 6101–6108.
2. Revise § 310.8(c) and (d) to read as
follows:
§ 310.8 Fee for access to the National Do
Not Call Registry.
*
*
*
*
*
(c) The annual fee, which must be
paid by any person prior to obtaining
access to the National Do Not Call
Registry, is $62 per area code of data
accessed, up to a maximum of $17,050;
provided, however, that there shall be
no charge for the first five area codes of
data accessed by any person, and
provided further, that there shall be no
charge to any person engaging in or
causing others to engage in outbound
telephone calls to consumers and who
is accessing the National Do Not Call
Registry without being required under
this Rule, 47 CFR 64.1200, or any other
federal law. Any person accessing the
National Do Not Call Registry may not
participate in any arrangement to share
the cost of accessing the registry,
including any arrangement with any
telemarketer or service provider to
divide the costs to access the registry
among various clients of that
telemarketer or service provider.
(d) After a person, either directly or
through another person, pays the fees
set forth in § 310.8(c), the person will be
provided a unique account number
which will allow that person to access
the registry data for the selected area
codes at any time for twelve months
following the first day of the month in
which the person paid the fee (‘‘the
annual period’’). To obtain access to
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additional area codes of data during the
first six months of the annual period,
the person must first pay $62 for each
additional area code of data not initially
selected. To obtain access to additional
area codes of data during the second six
months of the annual period, the person
must first pay $31 for each additional
area code of data not initially selected.
The payment of the additional fee will
permit the person to access the
additional area codes of data for the
remainder of the annual period.
*
*
*
*
*
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E6–6507 Filed 4–28–06; 8:45 am]
BILLING CODE 6750–01–P
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
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM); request for comments.
AGENCY:
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 https://
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Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Proposed Rules
dmses.dot.gov/submit, or fax comments
to (202) 493–2251.
Alternatively, comments may be
submitted to the Federal eRulemaking
portal at https://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 https://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
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You may submit or retrieve comments
online through the Document
Management System (DMS) at: https://
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) https://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: https://
www.archives.gov or the Government
Printing Office’s Web page at https://
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
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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, overthe-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 Federalaid 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
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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
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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.
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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).
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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
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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 icecovered 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
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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 ‘‘overthe-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 § 658.5.
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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
§ 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
§ 658.13(e)(1)(iii) to incorporate this
statutory length limit that is now
applicable to drive-away saddlemount
vehicle transporter combinations.
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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 overthe-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
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25519
by this provision might best be carried
out by State enforcement authorities or
other sources.
Section 658.23 LCV Freeze; CargoCarrying 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:
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Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Proposed Rules
No additional routes have been federally
designated; STAA dimensioned commercial
vehicles may legally operate on all Federalaid Primary highways under State law.
Executive Order 12866 (Regulatory
Planning and Review) and DOT
Regulatory Policies and Procedures
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:
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.
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 redesignated NM 516, U.S. 80 has been redesignated 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
Regulatory Flexibility Act
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.
rwilkins on PROD1PC63 with PROPOSAL
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.
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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.
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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.
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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
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:
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.
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).
Executive Order 13175 (Tribal
Consultation)
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, Federalaid Secondary, or Federal-aid Urban
Systems, including the required annual
certification by the State.
3. Revise § 657.3 to read as follows:
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.
rwilkins on PROD1PC63 with PROPOSAL
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.
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Jkt 208001
2. Revise § 657.1 to read as follows:
§ 657.1
§ 657.3
Purpose.
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
§ 657.11 to read as follows:
§ 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
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25521
evaluation shall be forwarded to the
FHWA’s Office of Operations.
5. Revise paragraphs (b), (e), and
(f)(3)(iii) of § 657.15 to read as follows:
§ 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 § 657.17 to read as follows:
§ 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 § 657.19 to read as follows:
§ 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
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Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Proposed Rules
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 § 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 ‘‘overthe-road bus’’ to read as follows:
§ 658.5
Definitions.
rwilkins on PROD1PC63 with PROPOSAL
*
*
*
*
*
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-theroad bus means a bus characterized by
an elevated passenger deck located over
a baggage compartment, and typically
operating on the Interstate System or
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Jkt 208001
roads previously designated as making
up the Federal-aid Primary System.
*
*
*
*
*
10. Amend § 658.13 by revising
paragraph (e)(1)(iii) and by adding
paragraph (h) to read as follows:
§ 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 § 658.15 to
read as follows:
§ 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 § 658.17, revise paragraph (k)
and add paragraph (n) to read as
follows:
§ 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
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Sfmt 4702
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
§ 658.23 to read as follows:
§ 658.23
freeze.
LCV freeze; cargo-carrying unit
*
*
*
*
*
(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.
*
*
*
*
*
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(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
25523
federally designated; STAAdimensioned 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; STAAdimensioned 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 .................................................
US 60 .................................................
US 62 .................................................
US 64 .................................................
US 70 .................................................
US 70 .................................................
US 70 .................................................
NM 80 .................................................
US 84 .................................................
US 87 .................................................
US 160 ...............................................
US 285 ...............................................
NM 491 ...............................................
US 516 ...............................................
US 550 ...............................................
US 666 ...............................................
I–25 Springer .................................................................................................
AZ State Line .................................................................................................
U.S. 285 Carlsbad .........................................................................................
AZ State Line .................................................................................................
AZ State Line .................................................................................................
I–10 Las Cruces ............................................................................................
U.S. 285 Roswell ...........................................................................................
AZ State Line .................................................................................................
TX State Line Clovis ......................................................................................
U.S. 56 Clayton .............................................................................................
AZ State Line (Four Corners). .......................................................................
TX State Line s. of Carlsbad. ........................................................................
1–40 Gallup ...................................................................................................
U.S. 64 Farmington .......................................................................................
NM 516 Aztec ................................................................................................
I–40 Gallup ....................................................................................................
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.
[FR Doc. E6–6422 Filed 4–28–06; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–06–033]
RIN 1625–AA08
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Special Local Regulations for Marine
Events; Pamlico River, Washington,
NC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish temporary special local
regulations for the ‘‘SBIP—Fountain
Powerboats Kilo Run and Super Boat
VerDate Aug<31>2005
17:17 Apr 28, 2006
Jkt 208001
Grand Prix’’, a marine event to be held
August 4 and August 6, 2006, on the
waters of the Pamlico River, near
Washington, North Carolina. These
special local regulations are necessary to
provide for the safety of life on
navigable waters during the event. This
action is intended to restrict vessel
traffic in portions of the Pamlico River
during the event.
DATES: Comments and related material
must reach the Coast Guard on or before
May 31, 2006.
ADDRESSES: You may mail comments
and related material to Commander
(dpi), Fifth Coast Guard District, 431
Crawford Street, Portsmouth, Virginia
23704–5004, hand-deliver them to
Room 119 at the same address between
9 a.m. and 2 p.m., Monday through
Friday, except Federal holidays, fax
them to (757) 398–6203, or e-mail them
to Dennis.M.Sens@uscg.mil. The
Inspections and Investigations Branch,
Fifth Coast Guard District, maintains the
public docket for this rulemaking.
Comments and material received from
the public, as well as documents
indicated in this preamble as being
available in the docket, will become part
of this docket and will be available for
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OK State Line.
I–25 Socorro.
TX State Line.
NM 516 Farmington.
I–10 Lordsburg.
U.S. 54 Tularosa.
U.S. 84 Clovis.
I–10 Road Forks.
CO State Line.
TX State Line.
CO State Line.
CO State Line.
CO State Line.
U.S. 550 Aztec.
CO State Line.
CO State Line.
inspection or copying at the above
address between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Dennis Sens, Project Manager,
Inspections and Investigations Branch,
at (757) 398–6204.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking (CGD05–06–033),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
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]]>Agencies
[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)]
[Proposed Rules]
[Pages 25516-25523]
From the Federal Register Online via the Government Printing 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 https://
[[Page 25517]]
dmses.dot.gov/submit, or fax comments to (202) 493-2251.
Alternatively, comments may be submitted to the Federal eRulemaking
portal at https://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
https://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: https://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) https://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: https://
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
