FAST Act Section 5516 “Additional State Authority” Implementation, 2071-2075 [2019-01170]

Download as PDF Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Proposed Rules Dated: January 31, 2019. Ellen L. Weintraub, Chair, Federal Election Commission. [FR Doc. 2019–01194 Filed 2–5–19; 8:45 am] BILLING CODE 6715–01–P FEDERAL ELECTION COMMISSION 11 CFR Part 112 [Notice 2019–01] Rulemaking Petition: Advisory Opinion Procedures; Extension of Comment Period Federal Election Commission. Extension of comment period. AGENCY: ACTION: On January 31, 2019, the Federal Election Commission extended the comment period on the Notification of Availability for the Rulemaking Petition: Advisory Opinion Procedures, which sought comment on whether to begin a rulemaking to establish specific time periods for the submission of public comments on drafts of advisory opinions. The Commission has decided to extend the comment period in light of the recent partial government shutdown. SUMMARY: The comment period for the NOA published December 3, 2018 (83 FR 62283) is extended. Comments must be received on or before March 4, 2019. ADDRESSES: All comments must be in writing. Commenters are encouraged to submit comments electronically via the Commission’s website at www.fec.gov/ netdisclaimers or at https://www.fec.gov/ fosers, reference REG 2016–01. Alternatively, commenters may submit comments in paper form, addressed to the Federal Election Commission, Attn.: Robert M. Knop, Assistant General Counsel, 1050 1st Street NE, Washington, DC 20463. Each commenter must provide, at a minimum, his or her first name, last name, city and state. All properly submitted comments, including attachments, will become part of the public record, and the Commission will make comments available for public viewing on the Commission’s website and in the Commission’s Public Records Office. Accordingly, commenters should not provide in their comments any information that they do not wish to make public, such as a home street address, personal email address, date of birth, phone number, social security number, driver’s license number, or any information that is restricted from disclosure, such as trade secrets or commercial or financial information that is privileged or confidential. amozie on DSK3GDR082PROD with PROPOSALS1 DATES: VerDate Sep<11>2014 17:22 Feb 05, 2019 Jkt 247001 Mr. Robert M. Knop, Assistant General Counsel, or Ms. Cheryl Hemsley, Attorney, at 1050 1st Street NE, Washington, DC 20463, (202) 694–1650 or (800) 424–9530. SUPPLEMENTARY INFORMATION: On December 3, 2018, the Commission opened the comment period on a Notification of Availability published in the Federal Register seeking comment on whether to revise the rules at 11 CFR part 112 to establish specific time periods for the submission of public comments on drafts of advisory opinions. The comment period was scheduled to close at 11:59 p.m. on February 1, 2019, however, in light of the partial government shutdown, the Commission has determined to extend the comment period to close at 11:59 p.m. on March 4, 2019. FOR FURTHER INFORMATION CONTACT: Dated: January 31, 2019. On behalf of the Commission, Ellen L. Weintraub, Chair, Federal Election Commission. [FR Doc. 2019–01192 Filed 2–5–19; 8:45 am] BILLING CODE 6715–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration 2071 W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590; • Hand Delivery: U.S. Department of Transportation, Docket Operations, West Building, Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays; or • Electronically through the Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions must include the agency name, docket name, and docket number (FHWA–2018–0042) or Regulatory Identification Number (RIN) for this rulemaking (2125–AF86). Note that all comments received will be posted without change to: https:// www.regulations.gov, including any personal information provided. FOR FURTHER INFORMATION CONTACT: Mr. John Berg, Office of Freight Management and Operations (HOFM), (202) 740– 4602, or via email at John.Berg@dot.gov, or Mr. William Winne, Office of the Chief Counsel (HCC–40), (202) 366– 1397, or via email at William.Winne@ dot.gov. Office hours are from 8:00 a.m. to 4:30 p.m., E.T., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access and Filing 23 CFR Part 658 [Docket No. FHWA–2018–0042] RIN 2125–AF86 FAST Act Section 5516 ‘‘Additional State Authority’’ Implementation Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM); request for comments. AGENCY: The FHWA requests comments on implementation of Fixing America’s Surface Transportation (FAST) Act Section 5516 ‘‘Additional State Authority,’’ which provides the State of South Dakota the opportunity to update and revise its routes for Longer Combination Vehicles (LCVs), and commercial motor vehicles (CMVs) with 2 or more cargo-carrying units. DATES: Comments must be received on or before March 8, 2019. Late comments will be considered to the extent practicable. ADDRESSES: You may submit comments by any of the following methods: • Fax: 1–202–493–2251; • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building, Ground Floor, Room SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 This document may be viewed online under the docket number noted above through the Federal eRulemaking portal at: https://www.regulations.gov. Electronic submission and retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days this year. Please follow the online instructions. An electronic copy of this document may also be downloaded from the Office of the Federal Register’s website at: https:// www.archives.gov/federal-register and the Government Publishing Office’s website at: https://www.gpo.gov/fdsys. In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. The DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be viewed at: www.dot.gov/privacy. Physical access to the Docket is available at the U.S. Department of Transportation, Docket Operations, M– 30, West Building, Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20950, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. E:\FR\FM\06FEP1.SGM 06FEP1 2072 Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Proposed Rules Background The FHWA proposes to amend its regulations in 23 CFR 658 Appendix C (Appendix C), governing vehicles subject to 23 U.S.C. 127(d) (LCVs), and 49 U.S.C. 31112 (CMVs with 2 or more cargo-carrying units), in the State of South Dakota. This action is necessary to implement the provisions of Section 5516 of the FAST Act (Pub. L. 114–94). The Conference Report accompanying the FAST ACT (House Report 114–357, December 1, 2015 at page 506) states, Highway From MRM ‘‘Conferees expect that the implementation of section 5516 will provide the maximum flexibility possible to re-route [LCVs] in the affected state to divided highways, highway facilities designed for freight transportation, or along routes that will enhance overall highway safety.’’ In an August 30, 2016, letter, the South Dakota Department of Transportation (SDDOT) requested that FHWA add additional routes to South Dakota’s LCV network and provided a map and listing of those routes in Appendix C. Length (miles) To MRM I–29 ............ I–90 ............ I–190 .......... I–229 .......... US14 .......... US14 B ...... US85 .......... US281 ........ US281 ........ SD50 .......... 0.00 0.00 0.00 0.00 333.55 418.11 44.69 70.30 194.53 383.82 252.65 412.52 2.03 10.83 418.11 421.32 154.88 117.37 229.27 416.87 252.5 413.0 2.1 11.3 84.4 3.6 109.4 46.8 33.0 33.0 Total .... .................... .................... 989.2 All of the proposed routes are on the National Network (NN), which is comprised of the Interstate System and routes designated as qualifying Federalaid Primary System highways. Combinations with a cargo-carrying length of 81.5 feet or less may use all NN routes. Combinations with a cargocarrying length over 81.5 feet are restricted to the Interstate System and the routes listed in Appendix C. This listing of routes is applicable to both double trailers and triple trailers. Currently designated LCV routes in South Dakota include: From To Iowa .......................................................... Wyoming ................................................... Rapid City ................................................. I–29 ........................................................... S Jct US281 ............................................. W Jct US14 at Brookings ......................... I–90 Exit 10 at Spearfish .......................... I–90 Exit 310 at Plankinton ...................... 8th Avenue in Aberdeen .......................... Burleigh Street in Yankton ....................... North Dakota. Minnesota. I–90. I–90. W Jct US14 Bypass at Brookings. I–29 Exit 133 at Brookings. North Dakota. S Jct US14 west of Huron. North Dakota. I–29 Exit 26. South Dakota proposes adding the following routes: amozie on DSK3GDR082PROD with PROPOSALS1 Highway From MRM Length (miles) To MRM US12 .......... US14 .......... SD37 .......... SD34 .......... SD37 .......... US18B ........ US18 .......... SD79 .......... US16B ........ US83 .......... US83 .......... US212 ........ US83 .......... US83 .......... US212 ........ US281 ........ US212 ........ US281 ........ 80.50 227.74 73.08 330.96 105.80 38.71 40.54 26.75 67.64 87.24 138.73 219.42 175.14 212.51 0.00 124.25 306.46 153.89 366.36 333.55 95.64 341.20 127.70 40.54 62.25 74.70 72.95 119.79 174.10 220.20 205.92 240.73 13.46 153.38 306.97 194.24 282.9 105.5 22.7 10.2 21.8 1.8 21.7 48.0 5.4 32.5 35.3 0.9 30.7 28.1 13.4 29.2 0.5 40.4 Total .... .................... .................... 731.1 Section-by-Section Discussion of the Proposed Changes to 23 CFR 658 Appendix C The Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 restricts the operation of LCVs on the Interstate Highway System and CMV combinations with two or more cargo-carrying units on the NN to the types of vehicles in use on or before VerDate Sep<11>2014 16:37 Feb 05, 2019 Jkt 247001 From To North Dakota ............................................ W Jct US83 at Ft. Pierre .......................... I–90 ........................................................... W Jct SD37 .............................................. W Jct SD34 .............................................. W Jct US18 at Hot Springs ...................... E Jct US18B at Hot Springs .................... US18 ......................................................... SD79 ......................................................... I–90 ........................................................... E Jct US14 ............................................... W Jct US83 .............................................. E Jct US212 ............................................. N Jct US12 ............................................... Wyoming ................................................... N Jct US14 ............................................... W Jct US281 at Redfield .......................... E Jct US212 at Redfield ........................... June 1, 1991, subject to State rules, regulations, or restrictions that were in effect on that date. A listing of these vehicles and restrictions is found in Appendix C. The FHWA proposes to revise Appendix C for the State of South Dakota as authorized in Section 5516 of the FAST Act, which provides South Dakota ‘‘the opportunity to update and revise the routes designated as PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 I–29. S Jct US281 west of Huron. E Jct SD34. E Jct SD37. US14 at Huron. E Jct US18 at Hot Springs. US385 at Oelrichs. US16B. I–90. W Jct US14 at Ft. Pierre. W Jct US212. E Jct US83. S Jct US12. North Dakota. US85 at Belle Fourche. W Jct US212 at Redfield. E Jct US281 at Redfield. US12 at Aberdeen. qualifying Federal-aid Primary System highways under section 31111(e) of title 49, United States Code . . .’’. The FAST Act Conference Report states further, ‘‘Conferees expect that the implementation of section 5516 will provide the maximum flexibility possible to re-route longer combination vehicles in the affected state to divided highways, highway facilities designed E:\FR\FM\06FEP1.SGM 06FEP1 Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Proposed Rules for freight transportation, or along routes that will enhance overall highway safety.’’ H. Rept. 114–357 at 506 (2015). In an August 30, 2016, letter, SDDOT requested that FHWA add the additional routes to South Dakota’s LCV network, and provided a map, listing of those routes, and safety information for LCV routes in the State. All of the proposed routes are on the NN, which is comprised of the Interstate System and routes designated as qualifying Federalaid Primary System highways. amozie on DSK3GDR082PROD with PROPOSALS1 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, 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 and after DOT has had the opportunity to review the comments submitted. Executive Order 12866 (Regulatory Planning and Review), Executive Order 13563 (Improving Regulation and Regulatory Review), Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs), and USDOT Regulatory Policies and Procedures The FHWA has determined that this action does not constitute a significant regulatory action within the meaning of Executive Order (E.O.) 12866 or within the meaning of DOT regulatory policies and procedures. The proposed amendments would update and revise the routes of the vehicles covered by 23 U.S.C. 127(d) (LCVs), and 49 U.S.C. 31112 (CMVs with 2 or more cargocarrying units), in South Dakota, as found in 23 CFR 568 Appendix C. In addition, this action complies with the principles of E.O. 13563. After evaluating the costs and benefits of these proposed amendments, FHWA anticipates that the economic impact of this rulemaking would be minimal. These changes are not anticipated to adversely affect, in any material way, any sector of the economy. In addition, these changes will not create a serious inconsistency with any other agency’s action or materially alter the budgetary impact of any entitlements, grants, user VerDate Sep<11>2014 16:37 Feb 05, 2019 Jkt 247001 fees, or loan programs. The FHWA anticipates that the economic impact of this rulemaking will be minimal; therefore, a full regulatory evaluation is not necessary. Finally, this proposed rule is not an E.O. 13771 regulatory action because it is not significant under E.O. 12866. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act (Pub. L. 96–354; 5 U.S.C. 601–612), FHWA has evaluated the effects of this proposed rule on small entities, such as local governments and businesses. Based on the evaluation, FHWA anticipates that this action would not have a significant economic impact on a substantial number of small entities. The proposed amendments would update the routes of the vehicles covered by 23 U.S.C. 127(d) (LCVs), and 49 U.S.C. 31112 (CMVs with 2 or more cargo-carrying units), in South Dakota, as found in 23 CFR 568 Appendix C. Therefore, I certify that the proposed action would not have a significant economic impact on a substantial number of small entities. Unfunded Mandates Reform Act of 1995 The FHWA has determined that this NPRM would not impose unfunded mandates as defined by the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4, March 22, 1995, 109 Stat. 48). The actions proposed in this NPRM would not result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $155 million or more in any 1 year (when adjusted for inflation) in 2014 dollars for either State, local, and Tribal governments in the aggregate, or by the private sector. The FHWA will publish a final analysis, including its response to public comments, when it publishes a final rule. Executive Order 13132 (Federalism Assessment) The FHWA has analyzed this proposed rule in accordance with the principles and criteria contained in E.O. 13132. The FHWA has determined that this action would not have sufficient federalism implications to warrant the preparation of a federalism assessment. The FHWA has also determined that this action would not preempt any State law or State regulation or affect the States’ ability to discharge traditional State governmental functions. Executive Order 12372 (Intergovernmental Review) The regulations implementing E.O. 12372 regarding intergovernmental PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 2073 consultation on Federal programs and activities apply to this program. This E.O. applies because State and local governments would be directly affected by the proposed regulation, which is a condition on Federal highway funding. Local entities should refer to the Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction, for further information. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et seq.), Federal agencies must obtain approval from the Office of Management and Budget for each collection of information they conduct, sponsor, or require through regulations. The FHWA has determined that the proposed rule does not contain collection of information requirements for the purposes of the PRA. National Environmental Policy Act The FHWA has analyzed this proposed rule for the purposes of the National Environmental Policy Act (NEPA) (42 U.S.C. 4321, et seq.). Agencies are required to adopt implementing procedures for NEPA that establish specific criteria for, and identification of, three classes of actions: Those that normally require preparation of an Environmental Impact Statement; those that normally require preparation of an Environmental Assessment; and those that are categorically excluded from further NEPA review (40 CFR 1507.3(b)). The proposed action is the amendment to the routes listed for vehicles covered by 23 U.S.C. 127(d) (LCVs), and 49 U.S.C. 31112 (CMVs with 2 or more cargocarrying units) in South Dakota as found in 23 CFR 568 Appendix C, as allowed by Section 5516 of the FAST-Act. This proposed action qualifies for categorical exclusions under 23 CFR 771.117(c)(20) (promulgation of rules, regulations, and directives). The FHWA has evaluated whether the proposed action would involve unusual circumstances or extraordinary circumstances and has determined that this proposed rulemaking action would not involve such circumstances. As a result, FHWA finds that this proposed rulemaking would not result in significant impacts on the human environment. Executive Order 13175 (Tribal Consultation) The FHWA has analyzed this proposed rule under E.O. 13175, and believes that it would not have substantial direct effects on one or more Indian Tribes, would not impose substantial direct compliance costs on E:\FR\FM\06FEP1.SGM 06FEP1 2074 Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Proposed Rules Indian Tribal governments, and would not preempt Tribal law. This proposed rule would not impose any direct compliance requirements on Indian Tribal governments nor would it have any economic or other impacts on the viability of Indian Tribes. Therefore, a Tribal summary impact statement is not required. Executive Order 13211 (Energy Effects) The FHWA has analyzed this proposed rule under E.O. 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use. The FHWA has determined that this proposed action is not a significant energy action under the E.O. 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. Executive Order 12630 (Taking of Private Property) Issued on: December 21, 2018. Brandye L. Hendrickson, Deputy Administrator, Federal Highway Administration. In consideration of the foregoing, FHWA proposes to revise 23 CFR part 658 Appendix C for South Dakota as follows: PART 658—TRUCK SIZE AND WEIGHT, ROUTE DESIGNATIONS–LENGTH, WIDTH AND WEIGHT LIMITATIONS 1. The authority citation for part 658 is amended read as follows: ■ Authority: 23 U.S.C. 127 and 315; 49 U.S.C. 31111, 31112, and 31114; sec. 347, Pub. L. 108–7, 829; sec. 1309, Pub. L. 109– 59, 119 Stat. 1219; sec. 115, Pub. L. 109–115, 119 Stat. 2408; sec. 5516, Pub. L. 114–94, 129 Stat. 1312; 49 CFR 1.81(a)(3). 2. Amend Appendix C to Part 658 by revising the ‘‘State: South Dakota, Combination: Truck tractor and 2 trailing units—LVC’’ entry to read as follows: The FHWA has analyzed this proposed rule under E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. The FHWA does not anticipate that this proposed action would effect a taking of private property or otherwise have taking implications under E.O. 12630. ■ Executive Order 12988 (Civil Justice Reform) * This action meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 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 E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks. The FHWA certifies that this proposed action would not cause an environmental risk to health or safety that may disproportionately affect children. Regulation Identifier Number amozie on DSK3GDR082PROD with PROPOSALS1 List of Subjects in 23 CFR Part 658 Grant programs-transportation, Highways and roads, Motor carrier size and weight. A RIN is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document can be used to cross-reference this action with the Unified Agenda. VerDate Sep<11>2014 16:37 Feb 05, 2019 Jkt 247001 Appendix C to Part 658—Trucks Over 80,000 Pounds On The Interstate System And Trucks Over STAA Lengths On The National Network * * * * State: South Dakota. Combination: Truck tractor and 2 trailing units—LCV. Length of Cargo–Carrying Units: 100 feet. Maximum Allowable Gross Weight: 129,000 pounds. Operational Conditions: Weight: For all combinations, the maximum gross weight on two or more consecutive axles is limited by the Federal Bridge Formula but cannot exceed 129,000 pounds. The weight on single axles or tandem axles spaced 40 inches or less apart may not exceed 20,000 pounds. Tandem axles spaced more than 40 inches but 96 inches or less may not exceed 34,000 pounds. Two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each, provided the overall distance between the first and last axles of the tandems is 36 feet or more. The weight on the steering axle may not exceed 600 pounds per inch of tire width. For combinations with a cargo-carrying length greater than 81.5 feet the following additional regulations also apply. The weight on all axles (other than the steering axle) may not exceed 500 pounds per inch of tire width. Lift axles and belly axles are not considered load-carrying axles and will not count when determining allowable vehicle weight. Driver: The driver must have a commercial driver’s license with the appropriate endorsement. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 Vehicle: For all combinations, a semitrailer or trailer may neither be longer than nor weigh 3,000 pounds more than the trailer located immediately in front of it. Towbars longer than 19 feet must be flagged during daylight hours and lighted at night. For combinations with a cargo-carrying length of 81.5 feet or less, neither trailer may exceed 45 feet, including load overhang. Vehicles may be 12 feet wide when hauling baled feed during daylight hours. For combinations with a cargo-carrying length over 81.5 feet long, neither trailer may exceed 48 feet, including load overhang. Loading the rear of the trailer heavier than the front is not allowed. All axles except the steering axle require dual tires. Axles spaced 8 feet or less apart must weigh within 500 pounds of each other. The trailer hitch offset may not exceed 6 feet. The maximum effective rear trailer overhang may not exceed 35 percent of the trailer’s wheelbase. The power unit must have sufficient power to maintain 40 miles per hour. A ‘‘LONG LOAD’’ sign measuring 18 inches high by 7 feet long with black on yellow lettering 10 inches high is required on the rear. Offtracking is limited to 8.75 feet for a turning radius of 161 feet. Offtracking Formula = 161 ¥ [1612 ¥ (L12 + L22 + L32 + L42 + L52 + L62 + L72 + L82)] 1⁄2 Note: L1 through L8 are measurements between points of articulation or vehicle pivot points. Squared dimensions to stinger steer points of articulation are negative. For two trailing unit combinations where at least one trailer is 45 feet long or longer, all the dimensions used to calculate offtracking must be written in the ‘‘Permit Restriction’’ area of the permit along with the offtracking value derived from the calculation. Permit: For combinations with a cargocarrying length of 81.5 feet or less, a singletrip permit is required for movement on the Interstate System if the gross vehicle weight exceeds 80,000 pounds. An annual or singletrip permit is required for hauling baled feed over 102 inches wide. For combinations with a cargo-carrying length greater than 81.5 feet, a single-trip permit is required for all movements. Operations must be discontinued when roads are slippery due to moisture, visibility must be good, and wind conditions must not cause trailer whip or sway. For all combinations, a fee is charged for any permit. Access: For combinations with a cargocarrying length of 81.5 feet or less, access is Statewide off the NN unless restricted by the South Dakota DOT. For combinations with a cargo-carrying length greater than 81.5 feet, access to operating routes must be approved by the South Dakota DOT. Routes: Combinations with a cargocarrying length of 81.5 feet or less may use all NN routes. Combinations with a cargocarrying length over 81.5 feet, are restricted to the Interstate System and: E:\FR\FM\06FEP1.SGM 06FEP1 Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Proposed Rules Highway From US12 ........................................ US14 ........................................ US14 ........................................ US14B ..................................... US14B ..................................... US16B ..................................... US18 ........................................ US18B ..................................... US212 ...................................... US212 ...................................... US212 ...................................... US281 ...................................... US281 ...................................... US281 ...................................... US83 ........................................ US83 ........................................ US83 ........................................ US83 ........................................ US85 ........................................ SD34 ........................................ SD37 ........................................ SD37 ........................................ SD50 ........................................ SD79 ........................................ North Dakota State Line ...................................................................... Jct US83 at Ft. Pierre .......................................................................... Jct US14B east of Pierre ..................................................................... Jct US14 in Pierre ................................................................................ W Jct US14 at Brookings .................................................................... Jct SD79 south of Rapid City .............................................................. E Jct US18B at Hot Springs ................................................................ W Jct US18 at Hot Springs ................................................................. Wyoming State Line ............................................................................. W Jct US83 west of Gettysburg .......................................................... W Jct US281 in Redfield ..................................................................... Jct I–90 Exit 310 at Plankinton ............................................................ Jct US14 north of Wolsey .................................................................... E Jct US212 in Redfield ...................................................................... Jct I–90 near Vivian ............................................................................. Jct US14 east of Pierre ....................................................................... E Jct US212 west of Gettysburg ......................................................... Jct US12 west of Selby ....................................................................... I–90 Exit 10 at Spearfish ..................................................................... W Jct SD37 .......................................................................................... Jct I–90 at Mitchell ............................................................................... W Jct SD34 .......................................................................................... Burleigh Street in Yankton ................................................................... Jct US18 & US385 at Oelrichs ............................................................ Legal Citations: SDCL 32–22–8.1, –38, –39, –41, –42, and –52; and Administrative Rules 70:03:01:37,:47,:48, and:60 through:70. * * * * * [FR Doc. 2019–01170 Filed 2–5–19; 8:45 am] BILLING CODE 4910–22–P PENSION BENEFIT GUARANTY CORPORATION 29 CFR Parts 4001, 4204, 4206, 4207, 4211, 4219 RIN 1212–AB36 Methods for Computing Withdrawal Liability, Multiemployer Pension Reform Act of 2014 Pension Benefit Guaranty Corporation. ACTION: Proposed rule. AGENCY: The Pension Benefit Guaranty Corporation proposes to amend its regulations on Allocating Unfunded Vested Benefits to Withdrawing Employers and Notice, Collection, and Redetermination of Withdrawal Liability. The proposed amendments would implement statutory provisions affecting the determination of a withdrawing employer’s liability under a multiemployer plan and annual withdrawal liability payment amount when the plan has had benefit reductions, benefit suspensions, surcharges, or contribution increases that must be disregarded. The proposed amendments would also provide simplified withdrawal liability calculation methods. amozie on DSK3GDR082PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:37 Feb 05, 2019 Jkt 247001 To Comments must be submitted on or before April 8, 2019. ADDRESSES: Comments may be submitted by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Email: reg.comments@pbgc.gov. Include the RIN for this rulemaking (RIN 1212–AB36) in the subject line. • Mail or Hand Delivery: Regulatory Affairs Division, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW, Washington, DC 20005–4026. All submissions received must include the agency’s name (Pension Benefit Guaranty Corporation, or PBGC) and the RIN for this rulemaking (RIN 1212– AB36). All comments received will be posted without change to PBGC’s website, https://www.pbgc.gov, including any personal information provided. Copies of comments may also be obtained by writing to Disclosure Division, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW, Washington, DC 20005–4026, or calling 202–326–4040 during normal business hours. (TTY users may call the Federal relay service toll-free at 1–800–877–8339 and ask to be connected to 202–326–4040.) FOR FURTHER INFORMATION CONTACT: Hilary Duke (duke.hilary@pbgc.gov), Assistant General Counsel for Regulatory Affairs, Office of the General Counsel, 202–326–4400, extension 3839. (TTY users may call the Federal relay service toll-free at 800–877–8339 DATES: PO 00000 Frm 00007 Fmt 4702 2075 Sfmt 4702 Jct I–29 at Summit. Jct US14B in Pierre. W Jct US14 Bypass at Brookings. Jct US14 east of Pierre. Jct I–29 Exit 133 at Brookings. Jct I–90 at Rapid City. Jct US385 at Oelrichs. E Jct US18 at Hot Springs. Jct US85 at Belle Fourche. E Jct US83 west of Gettysburg. E Jct US281 in Redfield. S Jct US14 west of Huron. W Jct US212 in Redfield. North Dakota State Line. Jct US14 at Ft. Pierre. W Jct US212 west of Gettysburg. Jct US12 south of Selby. North Dakota State Line. North Dakota State Line. E Jct SD37. E Jct SD34. Jct US14 at Huron. Jct I–29 Exit 26. Jct US16B south of Rapid City. and ask to be connected to 202–326– 4400, extension 3839.) SUPPLEMENTARY INFORMATION: Executive Summary Purpose of Regulatory Action This rulemaking is needed to implement statutory changes affecting the determination of an employer’s withdrawal liability and annual withdrawal liability payment amount when the employer withdraws from a multiemployer plan. The proposed regulation would provide simplified methods for determining withdrawal liability and annual payment amounts. A multiemployer plan sponsor could adopt these simplified methods to satisfy the statutory requirements and to reduce administrative burden. PBGC’s legal authority for this action is based on section 4002(b)(3) of the Employee Retirement Income Security Act of 1974 (ERISA), which authorizes PBGC to issue regulations to carry out the purposes of title IV of ERISA; section 305(g) 1 of ERISA, which provides the statutory requirements for changes to withdrawal liability; section 4001 of ERISA (Definitions); section 4204 of ERISA (Sale of Assets); section 4206 of ERISA (Adjustment for Partial Withdrawal); section 4207 (Reduction or Waiver of Complete Withdrawal Liability); section 4211 of ERISA (Methods for Computing Withdrawal Liability); and section 4219 of ERISA (Notice, Collection, Etc., of Withdrawal 1 Section 305(g) of ERISA and section 432(g) of the Internal Revenue Code (Code) are parallel provisions in ERISA and the Code. E:\FR\FM\06FEP1.SGM 06FEP1

Agencies

[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Proposed Rules]
[Pages 2071-2075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01170]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 658

[Docket No. FHWA-2018-0042]
RIN 2125-AF86


FAST Act Section 5516 ``Additional State Authority'' 
Implementation

AGENCY: Federal Highway Administration (FHWA), U.S. Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM); request for comments.

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SUMMARY: The FHWA requests comments on implementation of Fixing 
America's Surface Transportation (FAST) Act Section 5516 ``Additional 
State Authority,'' which provides the State of South Dakota the 
opportunity to update and revise its routes for Longer Combination 
Vehicles (LCVs), and commercial motor vehicles (CMVs) with 2 or more 
cargo-carrying units.

DATES: Comments must be received on or before March 8, 2019. Late 
comments will be considered to the extent practicable.

ADDRESSES: You may submit comments by any of the following methods:
     Fax: 1-202-493-2251;
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building, Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590;
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, West Building, Ground Floor, Room W12-140, 1200 New Jersey 
Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays; or
     Electronically through the Federal eRulemaking Portal: 
https://www.regulations.gov. Follow the online instructions for 
submitting comments.
    Instructions: All submissions must include the agency name, docket 
name, and docket number (FHWA-2018-0042) or Regulatory Identification 
Number (RIN) for this rulemaking (2125-AF86). Note that all comments 
received will be posted without change to: https://www.regulations.gov, 
including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Mr. John Berg, Office of Freight 
Management and Operations (HOFM), (202) 740-4602, or via email at 
John.Berg@dot.gov, or Mr. William Winne, Office of the Chief Counsel 
(HCC-40), (202) 366-1397, or via email at William.Winne@dot.gov. Office 
hours are from 8:00 a.m. to 4:30 p.m., E.T., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing

    This document may be viewed online under the docket number noted 
above through the Federal eRulemaking portal at: https://www.regulations.gov. Electronic submission and retrieval help and 
guidelines are available on the website. It is available 24 hours each 
day, 365 days this year. Please follow the online instructions. An 
electronic copy of this document may also be downloaded from the Office 
of the Federal Register's website at: https://www.archives.gov/federal-register and the Government Publishing Office's website at: https://www.gpo.gov/fdsys. In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. The 
DOT posts these comments, without edit, including any personal 
information the commenter provides, to www.regulations.gov, as 
described in the system of records notice (DOT/ALL-14 FDMS), which can 
be viewed at: www.dot.gov/privacy.
    Physical access to the Docket is available at the U.S. Department 
of Transportation, Docket Operations, M-30, West Building, Ground 
Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20950, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

[[Page 2072]]

Background

    The FHWA proposes to amend its regulations in 23 CFR 658 Appendix C 
(Appendix C), governing vehicles subject to 23 U.S.C. 127(d) (LCVs), 
and 49 U.S.C. 31112 (CMVs with 2 or more cargo-carrying units), in the 
State of South Dakota.
    This action is necessary to implement the provisions of Section 
5516 of the FAST Act (Pub. L. 114-94). The Conference Report 
accompanying the FAST ACT (House Report 114-357, December 1, 2015 at 
page 506) states, ``Conferees expect that the implementation of section 
5516 will provide the maximum flexibility possible to re-route [LCVs] 
in the affected state to divided highways, highway facilities designed 
for freight transportation, or along routes that will enhance overall 
highway safety.''
    In an August 30, 2016, letter, the South Dakota Department of 
Transportation (SDDOT) requested that FHWA add additional routes to 
South Dakota's LCV network and provided a map and listing of those 
routes in Appendix C.
    All of the proposed routes are on the National Network (NN), which 
is comprised of the Interstate System and routes designated as 
qualifying Federal-aid Primary System highways. Combinations with a 
cargo-carrying length of 81.5 feet or less may use all NN routes. 
Combinations with a cargo-carrying length over 81.5 feet are restricted 
to the Interstate System and the routes listed in Appendix C. This 
listing of routes is applicable to both double trailers and triple 
trailers.
    Currently designated LCV routes in South Dakota include:

----------------------------------------------------------------------------------------------------------------
                                                      Length
        Highway            From MRM      To MRM      (miles)              From                      To
----------------------------------------------------------------------------------------------------------------
I-29...................         0.00       252.65        252.5  Iowa...................  North Dakota.
I-90...................         0.00       412.52        413.0  Wyoming................  Minnesota.
I-190..................         0.00         2.03          2.1  Rapid City.............  I-90.
I-229..................         0.00        10.83         11.3  I-29...................  I-90.
US14...................       333.55       418.11         84.4  S Jct US281............  W Jct US14 Bypass at
                                                                                          Brookings.
US14 B.................       418.11       421.32          3.6  W Jct US14 at Brookings  I-29 Exit 133 at
                                                                                          Brookings.
US85...................        44.69       154.88        109.4  I-90 Exit 10 at          North Dakota.
                                                                 Spearfish.
US281..................        70.30       117.37         46.8  I-90 Exit 310 at         S Jct US14 west of
                                                                 Plankinton.              Huron.
US281..................       194.53       229.27         33.0  8th Avenue in Aberdeen.  North Dakota.
SD50...................       383.82       416.87         33.0  Burleigh Street in       I-29 Exit 26.
                                                                 Yankton.
                        ----------------------------------------------------------------------------------------
    Total..............  ...........  ...........        989.2
----------------------------------------------------------------------------------------------------------------

    South Dakota proposes adding the following routes:

----------------------------------------------------------------------------------------------------------------
                                                      Length
        Highway            From MRM      To MRM      (miles)              From                      To
----------------------------------------------------------------------------------------------------------------
US12...................        80.50       366.36        282.9  North Dakota...........  I-29.
US14...................       227.74       333.55        105.5  W Jct US83 at Ft.        S Jct US281 west of
                                                                 Pierre.                  Huron.
SD37...................        73.08        95.64         22.7  I-90...................  E Jct SD34.
SD34...................       330.96       341.20         10.2  W Jct SD37.............  E Jct SD37.
SD37...................       105.80       127.70         21.8  W Jct SD34.............  US14 at Huron.
US18B..................        38.71        40.54          1.8  W Jct US18 at Hot        E Jct US18 at Hot
                                                                 Springs.                 Springs.
US18...................        40.54        62.25         21.7  E Jct US18B at Hot       US385 at Oelrichs.
                                                                 Springs.
SD79...................        26.75        74.70         48.0  US18...................  US16B.
US16B..................        67.64        72.95          5.4  SD79...................  I-90.
US83...................        87.24       119.79         32.5  I-90...................  W Jct US14 at Ft.
                                                                                          Pierre.
US83...................       138.73       174.10         35.3  E Jct US14.............  W Jct US212.
US212..................       219.42       220.20          0.9  W Jct US83.............  E Jct US83.
US83...................       175.14       205.92         30.7  E Jct US212............  S Jct US12.
US83...................       212.51       240.73         28.1  N Jct US12.............  North Dakota.
US212..................         0.00        13.46         13.4  Wyoming................  US85 at Belle Fourche.
US281..................       124.25       153.38         29.2  N Jct US14.............  W Jct US212 at
                                                                                          Redfield.
US212..................       306.46       306.97          0.5  W Jct US281 at Redfield  E Jct US281 at
                                                                                          Redfield.
US281..................       153.89       194.24         40.4  E Jct US212 at Redfield  US12 at Aberdeen.
----------------------------------------------------------------------------------------------------------------
    Total..............  ...........  ...........        731.1
----------------------------------------------------------------------------------------------------------------

Section-by-Section Discussion of the Proposed Changes to 23 CFR 658 
Appendix C

    The Intermodal Surface Transportation Efficiency Act (ISTEA) of 
1991 restricts the operation of LCVs on the Interstate Highway System 
and CMV combinations with two or more cargo-carrying units on the NN to 
the types of vehicles in use on or before June 1, 1991, subject to 
State rules, regulations, or restrictions that were in effect on that 
date. A listing of these vehicles and restrictions is found in Appendix 
C.
    The FHWA proposes to revise Appendix C for the State of South 
Dakota as authorized in Section 5516 of the FAST Act, which provides 
South Dakota ``the opportunity to update and revise the routes 
designated as qualifying Federal-aid Primary System highways under 
section 31111(e) of title 49, United States Code . . .''. The FAST Act 
Conference Report states further, ``Conferees expect that the 
implementation of section 5516 will provide the maximum flexibility 
possible to re-route longer combination vehicles in the affected state 
to divided highways, highway facilities designed

[[Page 2073]]

for freight transportation, or along routes that will enhance overall 
highway safety.'' H. Rept. 114-357 at 506 (2015).
    In an August 30, 2016, letter, SDDOT requested that FHWA add the 
additional routes to South Dakota's LCV network, and provided a map, 
listing of those routes, and safety information for LCV routes in the 
State. All of the proposed routes are on the NN, which is comprised of 
the Interstate System and routes designated as qualifying Federal-aid 
Primary System highways.

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, 
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 and after DOT has had the opportunity to review the 
comments submitted.

Executive Order 12866 (Regulatory Planning and Review), Executive Order 
13563 (Improving Regulation and Regulatory Review), Executive Order 
13771 (Reducing Regulation and Controlling Regulatory Costs), and USDOT 
Regulatory Policies and Procedures

    The FHWA has determined that this action does not constitute a 
significant regulatory action within the meaning of Executive Order 
(E.O.) 12866 or within the meaning of DOT regulatory policies and 
procedures. The proposed amendments would update and revise the routes 
of the vehicles covered by 23 U.S.C. 127(d) (LCVs), and 49 U.S.C. 31112 
(CMVs with 2 or more cargo-carrying units), in South Dakota, as found 
in 23 CFR 568 Appendix C. In addition, this action complies with the 
principles of E.O. 13563. After evaluating the costs and benefits of 
these proposed amendments, FHWA anticipates that the economic impact of 
this rulemaking would be minimal. These changes are not anticipated to 
adversely affect, in any material way, any sector of the economy. In 
addition, these changes will not create a serious inconsistency with 
any other agency's action or materially alter the budgetary impact of 
any entitlements, grants, user fees, or loan programs. The FHWA 
anticipates that the economic impact of this rulemaking will be 
minimal; therefore, a full regulatory evaluation is not necessary. 
Finally, this proposed rule is not an E.O. 13771 regulatory action 
because it is not significant under E.O. 12866.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354; 
5 U.S.C. 601-612), FHWA has evaluated the effects of this proposed rule 
on small entities, such as local governments and businesses. Based on 
the evaluation, FHWA anticipates that this action would not have a 
significant economic impact on a substantial number of small entities. 
The proposed amendments would update the routes of the vehicles covered 
by 23 U.S.C. 127(d) (LCVs), and 49 U.S.C. 31112 (CMVs with 2 or more 
cargo-carrying units), in South Dakota, as found in 23 CFR 568 Appendix 
C. Therefore, I certify that the proposed action would not have a 
significant economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    The FHWA has determined that this NPRM would not impose unfunded 
mandates as defined by the Unfunded Mandates Reform Act of 1995 (Pub. 
L. 104-4, March 22, 1995, 109 Stat. 48). The actions proposed in this 
NPRM would not result in the expenditure by State, local, and Tribal 
governments, in the aggregate, or by the private sector, of $155 
million or more in any 1 year (when adjusted for inflation) in 2014 
dollars for either State, local, and Tribal governments in the 
aggregate, or by the private sector. The FHWA will publish a final 
analysis, including its response to public comments, when it publishes 
a final rule.

Executive Order 13132 (Federalism Assessment)

    The FHWA has analyzed this proposed rule in accordance with the 
principles and criteria contained in E.O. 13132. The FHWA has 
determined that this action would not have sufficient federalism 
implications to warrant the preparation of a federalism assessment. The 
FHWA has also determined that this action would not preempt any State 
law or State regulation or affect the States' ability to discharge 
traditional State governmental functions.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental 
consultation on Federal programs and activities apply to this program. 
This E.O. applies because State and local governments would be directly 
affected by the proposed regulation, which is a condition on Federal 
highway funding. Local entities should refer to the Catalog of Federal 
Domestic Assistance Program Number 20.205, Highway Planning and 
Construction, for further information.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et 
seq.), Federal agencies must obtain approval from the Office of 
Management and Budget for each collection of information they conduct, 
sponsor, or require through regulations. The FHWA has determined that 
the proposed rule does not contain collection of information 
requirements for the purposes of the PRA.

National Environmental Policy Act

    The FHWA has analyzed this proposed rule for the purposes of the 
National Environmental Policy Act (NEPA) (42 U.S.C. 4321, et seq.). 
Agencies are required to adopt implementing procedures for NEPA that 
establish specific criteria for, and identification of, three classes 
of actions: Those that normally require preparation of an Environmental 
Impact Statement; those that normally require preparation of an 
Environmental Assessment; and those that are categorically excluded 
from further NEPA review (40 CFR 1507.3(b)). The proposed action is the 
amendment to the routes listed for vehicles covered by 23 U.S.C. 127(d) 
(LCVs), and 49 U.S.C. 31112 (CMVs with 2 or more cargo-carrying units) 
in South Dakota as found in 23 CFR 568 Appendix C, as allowed by 
Section 5516 of the FAST-Act. This proposed action qualifies for 
categorical exclusions under 23 CFR 771.117(c)(20) (promulgation of 
rules, regulations, and directives). The FHWA has evaluated whether the 
proposed action would involve unusual circumstances or extraordinary 
circumstances and has determined that this proposed rulemaking action 
would not involve such circumstances. As a result, FHWA finds that this 
proposed rulemaking would not result in significant impacts on the 
human environment.

Executive Order 13175 (Tribal Consultation)

    The FHWA has analyzed this proposed rule under E.O. 13175, and 
believes that it would not have substantial direct effects on one or 
more Indian Tribes, would not impose substantial direct compliance 
costs on

[[Page 2074]]

Indian Tribal governments, and would not preempt Tribal law. This 
proposed rule would not impose any direct compliance requirements on 
Indian Tribal governments nor would it have any economic or other 
impacts on the viability of Indian Tribes. Therefore, a Tribal summary 
impact statement is not required.

Executive Order 13211 (Energy Effects)

    The FHWA has analyzed this proposed rule under E.O. 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use. The FHWA has determined that this proposed action 
is not a significant energy action under the E.O. 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.

Executive Order 12630 (Taking of Private Property)

    The FHWA has analyzed this proposed rule under E.O. 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights. The FHWA does not anticipate that this proposed action 
would effect a taking of private property or otherwise have taking 
implications under E.O. 12630.

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 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 E.O. 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. The FHWA certifies that this proposed action would not cause an 
environmental risk to health or safety that may disproportionately 
affect children.

Regulation Identifier Number

    A RIN is assigned to each regulatory action listed in the Unified 
Agenda of Federal Regulations. The Regulatory Information Service 
Center publishes the Unified Agenda in April and October of each year. 
The RIN number contained in the heading of this document can be used to 
cross-reference this action with the Unified Agenda.

List of Subjects in 23 CFR Part 658

    Grant programs-transportation, Highways and roads, Motor carrier 
size and weight.

    Issued on: December 21, 2018.
Brandye L. Hendrickson,
Deputy Administrator, Federal Highway Administration.

    In consideration of the foregoing, FHWA proposes to revise 23 CFR 
part 658 Appendix C for South Dakota as follows:

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

0
1. The authority citation for part 658 is amended read as follows:

    Authority:  23 U.S.C. 127 and 315; 49 U.S.C. 31111, 31112, and 
31114; sec. 347, Pub. L. 108-7, 829; sec. 1309, Pub. L. 109-59, 119 
Stat. 1219; sec. 115, Pub. L. 109-115, 119 Stat. 2408; sec. 5516, 
Pub. L. 114-94, 129 Stat. 1312; 49 CFR 1.81(a)(3).

0
2. Amend Appendix C to Part 658 by revising the ``State: South Dakota, 
Combination: Truck tractor and 2 trailing units--LVC'' entry to read as 
follows:

Appendix C to Part 658--Trucks Over 80,000 Pounds On The Interstate 
System And Trucks Over STAA Lengths On The National Network

* * * * *
    State: South Dakota.
    Combination: Truck tractor and 2 trailing units--LCV.
    Length of Cargo-Carrying Units: 100 feet.
    Maximum Allowable Gross Weight: 129,000 pounds.
    Operational Conditions:
    Weight: For all combinations, the maximum gross weight on two or 
more consecutive axles is limited by the Federal Bridge Formula but 
cannot exceed 129,000 pounds. The weight on single axles or tandem 
axles spaced 40 inches or less apart may not exceed 20,000 pounds. 
Tandem axles spaced more than 40 inches but 96 inches or less may 
not exceed 34,000 pounds. Two consecutive sets of tandem axles may 
carry a gross load of 34,000 pounds each, provided the overall 
distance between the first and last axles of the tandems is 36 feet 
or more. The weight on the steering axle may not exceed 600 pounds 
per inch of tire width.
    For combinations with a cargo-carrying length greater than 81.5 
feet the following additional regulations also apply. The weight on 
all axles (other than the steering axle) may not exceed 500 pounds 
per inch of tire width. Lift axles and belly axles are not 
considered load-carrying axles and will not count when determining 
allowable vehicle weight.
    Driver: The driver must have a commercial driver's license with 
the appropriate endorsement.
    Vehicle: For all combinations, a semitrailer or trailer may 
neither be longer than nor weigh 3,000 pounds more than the trailer 
located immediately in front of it. Towbars longer than 19 feet must 
be flagged during daylight hours and lighted at night.
    For combinations with a cargo-carrying length of 81.5 feet or 
less, neither trailer may exceed 45 feet, including load overhang. 
Vehicles may be 12 feet wide when hauling baled feed during daylight 
hours.
    For combinations with a cargo-carrying length over 81.5 feet 
long, neither trailer may exceed 48 feet, including load overhang. 
Loading the rear of the trailer heavier than the front is not 
allowed. All axles except the steering axle require dual tires. 
Axles spaced 8 feet or less apart must weigh within 500 pounds of 
each other. The trailer hitch offset may not exceed 6 feet. The 
maximum effective rear trailer overhang may not exceed 35 percent of 
the trailer's wheelbase. The power unit must have sufficient power 
to maintain 40 miles per hour. A ``LONG LOAD'' sign measuring 18 
inches high by 7 feet long with black on yellow lettering 10 inches 
high is required on the rear. Offtracking is limited to 8.75 feet 
for a turning radius of 161 feet.

Offtracking Formula = 161 - [161\2\ - (L1\2\ + 
L2\2\ + L3\2\ + L4\2\ + 
L5\2\ + L6\2\ + L7\2\ + 
L8\2\)] \1/2\

    Note: L1 through L8 are measurements 
between points of articulation or vehicle pivot points. Squared 
dimensions to stinger steer points of articulation are negative. For 
two trailing unit combinations where at least one trailer is 45 feet 
long or longer, all the dimensions used to calculate offtracking 
must be written in the ``Permit Restriction'' area of the permit 
along with the offtracking value derived from the calculation.
    Permit: For combinations with a cargo-carrying length of 81.5 
feet or less, a single-trip permit is required for movement on the 
Interstate System if the gross vehicle weight exceeds 80,000 pounds. 
An annual or single-trip permit is required for hauling baled feed 
over 102 inches wide.
    For combinations with a cargo-carrying length greater than 81.5 
feet, a single-trip permit is required for all movements. Operations 
must be discontinued when roads are slippery due to moisture, 
visibility must be good, and wind conditions must not cause trailer 
whip or sway.
    For all combinations, a fee is charged for any permit.
    Access: For combinations with a cargo-carrying length of 81.5 
feet or less, access is Statewide off the NN unless restricted by 
the South Dakota DOT.
    For combinations with a cargo-carrying length greater than 81.5 
feet, access to operating routes must be approved by the South 
Dakota DOT.
    Routes: Combinations with a cargo-carrying length of 81.5 feet 
or less may use all NN routes. Combinations with a cargo-carrying 
length over 81.5 feet, are restricted to the Interstate System and:

[[Page 2075]]



----------------------------------------------------------------------------------------------------------------
             Highway                        From                                     To
----------------------------------------------------------------------------------------------------------------
US12............................  North Dakota State Line.  Jct I-29 at Summit.
US14............................  Jct US83 at Ft. Pierre..  Jct US14B in Pierre.
US14............................  Jct US14B east of Pierre  W Jct US14 Bypass at Brookings.
US14B...........................  Jct US14 in Pierre......  Jct US14 east of Pierre.
US14B...........................  W Jct US14 at Brookings.  Jct I-29 Exit 133 at Brookings.
US16B...........................  Jct SD79 south of Rapid   Jct I-90 at Rapid City.
                                   City.
US18............................  E Jct US18B at Hot        Jct US385 at Oelrichs.
                                   Springs.
US18B...........................  W Jct US18 at Hot         E Jct US18 at Hot Springs.
                                   Springs.
US212...........................  Wyoming State Line......  Jct US85 at Belle Fourche.
US212...........................  W Jct US83 west of        E Jct US83 west of Gettysburg.
                                   Gettysburg.
US212...........................  W Jct US281 in Redfield.  E Jct US281 in Redfield.
US281...........................  Jct I-90 Exit 310 at      S Jct US14 west of Huron.
                                   Plankinton.
US281...........................  Jct US14 north of Wolsey  W Jct US212 in Redfield.
US281...........................  E Jct US212 in Redfield.  North Dakota State Line.
US83............................  Jct I-90 near Vivian....  Jct US14 at Ft. Pierre.
US83............................  Jct US14 east of Pierre.  W Jct US212 west of Gettysburg.
US83............................  E Jct US212 west of       Jct US12 south of Selby.
                                   Gettysburg.
US83............................  Jct US12 west of Selby..  North Dakota State Line.
US85............................  I-90 Exit 10 at           North Dakota State Line.
                                   Spearfish.
SD34............................  W Jct SD37..............  E Jct SD37.
SD37............................  Jct I-90 at Mitchell....  E Jct SD34.
SD37............................  W Jct SD34..............  Jct US14 at Huron.
SD50............................  Burleigh Street in        Jct I-29 Exit 26.
                                   Yankton.
SD79............................  Jct US18 & US385 at       Jct US16B south of Rapid City.
                                   Oelrichs.
----------------------------------------------------------------------------------------------------------------

    Legal Citations: SDCL 32-22-8.1, -38, -39, -41, -42, and -52; 
and Administrative Rules 70:03:01:37,:47,:48, and:60 through:70.
* * * * *

[FR Doc. 2019-01170 Filed 2-5-19; 8:45 am]
 BILLING CODE 4910-22-P