FAST Act Section 5516 “Additional State Authority” Implementation, 43686-43689 [2019-18093]

Agencies

• Federal Highway Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Rules and Regulations]
[Pages 43686-43689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18093]


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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: Final rule.

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

SUMMARY: This final rule implements Section 5516, ``Additional State 
Authority,'' of the Fixing America's Surface Transportation (FAST) Act, 
which provides the State of South Dakota with the opportunity to update 
and revise the routes for Longer Combination Vehicles (LCV) and 
commercial motor vehicles (CMV) with two or more cargo-carrying units.

DATES: This rule is effective September 23, 2019.

FOR FURTHER INFORMATION CONTACT: Vince Mantero, FHWA Office of Freight 
Management and Operations, (202) 366-2997, or by email at 
[email protected], or William Winne, FHWA Office of the Chief 
Counsel, (202) 366-1397, or by email at [email protected]. Business 
hours for FHWA are from 8:00 a.m. to 4:30 p.m., e.t., Monday through 
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    The Notice of Proposed Rulemaking (NPRM), the comments received, 
and this document may be viewed online through the Federal eRulemaking 
portal at: https://www.regulations.gov under docket ID FHWA-2018-0042. 
Copies of this document also may be downloaded by accessing the Office 
of the Federal Register's home page at: https://www.archives.gov or the 
Government Publishing Office's web page at: https://www.gpoaccess.gov/nara.

Background

    The Intermodal Surface Transportation Efficiency Act (ISTEA) of 
1991 (Pub. L. 102-240, 105 Stat. 1914, Dec. 18, 1991) restricts the 
operation of LCVs on the Interstate Highway System (Sec. 1023(b), 105 
Stat. 1952) and CMV combinations with two or more cargo-carrying units 
on the National Network (NN) (Sec. 4006, 105 Stat. 2148) to the types 
of vehicles in use on or before June 1, 1991, subject to whatever State 
rules, regulations, or restrictions were in effect on that date. A 
listing of these vehicles and restrictions is found in 23 CFR part 658, 
Appendix C.
    The FHWA is modifying its regulations, as found in 23 CFR part 658, 
Appendix C, governing vehicles covered by 23 U.S.C. 127(d) (LCVs) and 
49 U.S.C. 31112 (CMVs with two or more cargo-carrying units) in the 
State of South Dakota, as proposed in a NPRM published on February 6, 
2019, at 84 FR 2071.
    This action is necessary to implement the provisions of 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 as long as the update shifts routes to divided 
highways or does not increase centerline miles by more than 5 percent 
and is expected to increase safety performance. The FAST Act Conference 
Report to Accompany H.R. 22 (House of Representatives 114th Congress 
1st Session Report 114-357, December 1, 2015) states, ``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 for 
freight transportation, or along routes that will enhance overall 
highway safety.''
    In an August 30, 2016, letter to FHWA, the South Dakota Department 
of Transportation (SDDOT) requested that FHWA add the additional routes 
for South Dakota's LCV network and provided a map and listing of those 
routes.
    All of the proposed routes are on the NN, which is comprised of the 
Interstate Highway 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 23 CFR part 658, Appendix C. This listing of 
routes is applicable to both double trailers and triple trailers.
    There were errors in the tables published in the ``Background'' 
section of the NPRM, on page 2075, regarding existing and proposed 
routes of operation for LCVs and trucks in excess of the lengths 
designated by the Surface Transportation Assistance Act (STAA) of 1982 
for use on the NN. The route segments that were incorrect include a 
portion of US 14 and US 14B in Pierre, South Dakota. In addition, 
incorrect mileage is shown on several existing and proposed routes. The 
correct routes were provided to FHWA in a letter from the SDDOT dated 
June 6, 2018, which was added to the docket for this rulemaking. 
Nevertheless, all routes identified in the regulatory text of the NPRM 
were correct and included both existing and proposed routes of 
operation for LCVs and trucks over STAA lengths on the NN.
    The FHWA finds that this update shifts routes to divided highways 
or does not increase centerline miles by more than 5 percent and is 
expected to increase safety performance. Based on this information and 
the comments received, FHWA is revising the Federal Regulations at 23 
CFR part 658,

[[Page 43687]]

Appendix C for vehicles covered by 23 U.S.C. 127(d) (LCVs), and 49 
U.S.C. 31112 (CMVs with two or more cargo-carrying units), in the State 
of South Dakota.
    The revised routes are as follows:

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

Summary of Comments and Responses

    The FHWA received eight comments to the docket in response to the 
NPRM. Comments were submitted by two individuals, one State government 
agency (SDDOT), and four industry associations (the American Trucking 
Associations, the South Dakota Trucking Association, the South Dakota 
Agri-Business Association, and the South Dakota Retailers Association), 
and one trucking company.
    A majority of the commenters expressed strong support for the 
proposed revisions, while one individual commenter opposed the proposed 
additional routes and length allowances.
    Commenters in support of the updated routes expressed their opinion 
that the additional routes would overall improve highway safety and 
efficiency. One commenter thought the additional routes pose a safety 
threat to the driving public if the LCVs were to be allowed to operate 
along mixed travel lanes, but this commenter did not provide any data 
in support of this assertion.
    The owner and operator of the highway system in South Dakota, 
SDDOT, presented a Safety Assessment in its June 6, 2018, letter 
addressing how it concludes the expanded access would improve traffic 
safety. The SDDOT asserted, for example, that hauling with LCVs would 
reduce the number of vehicles needed to carry payload, proportionally 
reducing the number of crashes, and that expanding the number and 
extent of routes would allow LCVs to take more direct and suitable 
routes, reducing miles traveled, accident exposure, fuel consumption, 
and vehicle emissions. The letter also concludes that none of the rural 
segments demonstrate unusual crash histories indicating marginal or 
hazardous operating conditions for commercial vehicles. The FHWA 
concurs with this Safety Assessment.
    Based on the comments received, the SDDOT transmittal letter of 
June 6, 2018, and the authority provided in FAST Act Section 5516 for 
the State of South Dakota, FHWA concurs with the additional routes and 
vehicles as proposed by the SDDOT, for addition to 23 CFR part 658, 
appendix C.

Executive Order 13771 (Reducing Regulation and Controlling Regulatory 
Costs), Executive Order 12866 (Regulatory Planning and Review), 
Executive Order 13563 (Improving Regulation and Regulatory Review), and 
DOT 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 amendments 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 two 
or more cargo-carrying units), in South Dakota, as found in 23 CFR part 
658, appendix C. In addition, this action complies with the principles 
of E.O. 13563. After evaluating the costs and benefits of these 
amendments, FHWA finds 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 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. 60l-612), FHWA has evaluated the effects of this action 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 two or more 
cargo-carrying units), in South Dakota, as found in 23 CFR part 658, 
appendix C. Therefore, I certify that this

[[Page 43688]]

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 action 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 in this final rule 
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.

Executive Order 13132 (Federalism Assessment)

    The FHWA has analyzed this 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 regulation, which is a condition of 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 rule does not contain collection of information requirements for 
the purposes of the PRA.

National Environmental Policy Act

    The FHWA has analyzed this 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 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 two or more cargo-carrying units) in South Dakota as 
found in 23 CFR part 658, Appendix C, as allowed by Section 5516 of the 
FAST Act. This action qualifies for categorical exclusions under 23 CFR 
771.117(c)(20) (promulgation of rules, regulations, and directives). 
The FHWA has evaluated whether the action would involve unusual 
circumstances or extraordinary circumstances and has determined that 
this rulemaking action would not involve such circumstances. As a 
result, FHWA finds that this rulemaking would not result in significant 
impacts on the human environment.

Executive Order 13175 (Tribal Consultation)

    The FHWA has analyzed this 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 Indian 
Tribal governments, and would not preempt Tribal law. This 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 rule under E.O. 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use. The FHWA has determined that this 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 rule under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights. The FHWA does not anticipate that this action would affect 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 action under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. The FHWA 
certifies that this action would not cause an environmental risk to 
health or safety that may disproportionately affect children.

Regulation Identifier Number

    A Regulation Identifier Number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Regulatory and Deregulatory 
Actions. The Regulatory Information Service Center publishes the 
Unified Agenda in the spring and fall 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: August 15, 2019.
Nicole R. Nason,
Administrator, Federal Highway Administration.

    In consideration of the foregoing, FHWA amends 23 CFR part 658 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 to 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, 117 Stat. 419; sec. 756, Pub. L. 
109-58, 119 Stat. 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, 1557; 49 CFR 1.81(a)(3).


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

[[Page 43689]]

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 two 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:

------------------------------------------------------------------------
           Highway                    From                   To
------------------------------------------------------------------------
US12........................  North Dakota State    Jct I-29 at Summit.
                               Line.
US14........................  Jct US83 at Ft.       Jct US14B in Pierre.
                               Pierre.
US14........................  Jct US14B east of     W Jct US14 Bypass at
                               Pierre.               Brookings.
US14B.......................  Jct US14 in Pierre..  Jct US14 east of
                                                     Pierre.
US14B.......................  W Jct US14 at         Jct I-29 Exit 133 at
                               Brookings.            Brookings.
US16B.......................  Jct SD79 south of     Jct I-90 at Rapid
                               Rapid City.           City.
US18........................  E Jct US18B at Hot    Jct US385 at
                               Springs.              Oelrichs.
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        E Jct US281 in
                               Redfield.             Redfield.
US281.......................  Jct I-90 Exit 310 at  S Jct US14 west of
                               Plankinton.           Huron.
US281.......................  Jct US14 north of     W Jct US212 in
                               Wolsey.               Redfield.
US281.......................  E Jct US212 in        North Dakota State
                               Redfield.             Line.
US83........................  Jct I-90 near Vivian  Jct US14 at Ft.
                                                     Pierre.
US83........................  Jct US14 east of      W Jct US212 west of
                               Pierre.               Gettysburg.
US83........................  E Jct US212 west of   Jct US12 south of
                               Gettysburg.           Selby.
US83........................  Jct US12 west of      North Dakota State
                               Selby.                Line.
US85........................  I-90 Exit 10 at       North Dakota State
                               Spearfish.            Line.
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
                               Oelrichs.             Rapid City.
------------------------------------------------------------------------
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. 2019-18093 Filed 8-21-19; 8:45 am]
BILLING CODE 4910-22-P