[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Rules and Regulations]
[Pages 10178-10183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5426]



[[Page 10177]]

_______________________________________________________________________

Part VI





Department of Transportation





_______________________________________________________________________



Federal Highway Administration



_______________________________________________________________________



23 CFR Parts 657 and 658



Truck Size and Weight; Technical Corrections; Final Rule

  Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules 
and Regulations  

[[Page 10178]]



DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Parts 657 and 658

RIN 2125-AE08


Truck Size and Weight; Technical Corrections

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule; technical corrections.

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

SUMMARY: This document amends the rule on truck size and weight in Part 
658 to extend the Interstate System axle weight exemption for 
intrastate public agency transit buses; reduce the maximum length limit 
on trailers in triple trailer combinations in Alaska from 45 to 28.5 
feet and change the beginning date when they may operate from April 15 
to May 1 of each year; correct the maximum weight of LCV's that may 
operate on I-15 in Arizona to 129,000 pounds; amend appendix C to show 
that longer and heavier vehicles allowed in Nebraska and South Dakota 
may operate into Sioux City, Iowa and its commercial zone; correct the 
listing of a vehicle combination in Oregon from a longer combination 
vehicle (LCV) to a commercial motor vehicle combination subject to the 
ISTEA freeze on the length of its cargo carrying units; correct the 
maximum weight for LCV's in Michigan to 164,000 pounds; add a listing 
in Nebraska for a truck tractor and two trailing unit combination to 
operate at a length of 71.5 feet; correct the maximum cargo carrying 
length for a truck tractor and two trailing units in Missouri from 109 
to 110 feet; exclude I-39 in Wisconsin and exclude I-99 in Pennsylvania 
from the Interstate System weight limits; and add regulations for 
transporters of vehicles used in motorsport competition events. Four 
additional technical corrections clarify the overhang regulations for 
automobile transporters, clarify what citations or civil assessments 
must be reported by the States in their annual certifications; and 
update statutory references in 23 CFR 657 and 658 to reflect 23 U.S.C. 
127(d) and 9 U.S.C. 31111-31114, as appropriate.

EFFECTIVE DATE: March 5, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Klimek, Office of Motor 
Carrier Information Analysis, (202) 366-2212 or Mr. Charles Medalen, 
Office of the Chief Counsel, (202) 366-1354, Federal Highway 
Administration, Department of Transportation, 400 Seventh Street SW., 
Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., 
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION

Transit Vehicles

    Section 341 of the Department of Transportation and Related 
Agencies Appropriations Act of 1993 (Pub. L. 102-388, 106 Stat. 1520, 
at 1552, October 6, 1992) added subsection (h) to section 1023 of the 
Intermodal Surface Transportation Efficiency Act of 1992 (ISTEA) 
(uncodified, see 23 U.S.C. 127 note). Under subsection (h)(1), ``[t]he 
second sentence of section 127 of title 23, United States Code, 
relating to axle weight limitations for vehicles using the Dwight D. 
Eisenhower System of Interstate and Defense Highways, shall not apply, 
for the 2-year period beginning on the date of enactment of this Act, 
to any vehicle which is regularly and exclusively used as an intrastate 
public agency transit passenger bus. The Secretary may extend such 2-
year period for an additional year.'' The FHWA extended the exemption 
to October 6, 1995 (59 FR 60242, November 22, 1994).
    Section 326 of the National Highway System Designation Act of 1995 
(NHS Act), Pub. L. 104-59, 109 Stat. 568, 592, November 29, 1995, 
amended section 1023(h)(1) of the ISTEA to provide that Federal axle 
weight limitations ``shall not apply, for the period beginning on 
October 6, 1992, and ending on the date on which Federal-aid highway 
and transit programs are reauthorized after the date of the enactment 
of the National Highway System Designation Act of 1995 (November 28, 
1995).'' The current transit programs are authorized through the end of 
Fiscal Year 1997 (September 30, 1997). It is expected that these 
programs will be reauthorized on or about that date.
    The new exemption, like the old, does not mean that transit buses 
are exempt from axle weight limits when operating on the Interstate 
System. It simply means that the FHWA may not impose financial 
sanctions on States that allow transit buses with axle weights in 
excess of the Federal limits to operate on the Interstate System.
    Section 658.17(k) of 23 CFR will be amended to remove the October 
6, 1995, expiration date for the exemption and reflect the statutory 
expiration date.

ISTEA Freeze

    In its Fiscal Year 1995 certification, Alaska advised that the 
maximum length of each trailing unit in a triple trailer combination 
has been reduced from 45 to 28.5 feet. It also advised that the 
beginning date when triple trailer combinations may operate has been 
changed from April 15 to May 1 of each year. Appendix C to 23 CFR part 
658 will be amended accordingly.
    The weight limits shown in appendix C to 23 CFR part 658 for travel 
on I-15 in Arizona are 111,000 pounds for twin trailer combinations and 
123,500 pounds for triple trailer combinations. However, the State has 
furnished information showing that on or before June 1, 1991, it 
authorized twin and triple trailer combinations weighing up to 129,000 
pounds, the same as in Nevada and Utah, to operate on I-15 and that 
they did operate on I-15 on or before that date. The incorrect listing 
was caused by transcription errors compounded by miscommunication. 
Appendix C is being amended accordingly.
    As shown in appendix C, Iowa did not allow longer combination 
vehicles (LCVs) to operate on its Interstate highways on or before June 
1, 1991. LCVs are defined as combinations consisting of truck tractors 
with two or more semitrailers or trailers that operate on the 
Interstate System at weights in excess of 80,000 pounds. In addition, 
the State did not allow commercial motor vehicles with two or more 
cargo carrying units which exceeded the minimum lengths authorized by 
the Surface Transportation Assistance Act of 1982 (STAA) to operate on 
the NN on or before June 1, 1991. However, both types of vehicles 
operated in Nebraska and South Dakota. Consequently, these heavier and 
longer vehicles could not operate across their respective borders into 
Sioux City, Iowa. The Congress enacted an exception to the ISTEA freeze 
in section 312 of the NHS Act by providing that the heavier and longer 
vehicles authorized in Nebraska and South Dakota could travel across 
their respective borders into Sioux City, Iowa.
    More specifically, Section 312(a) of the NHS Act amended 23 U.S.C. 
127(a) to allow vehicles with a gross weight of more than 80,000 pounds 
to operate on I-29 and I-129 in Sioux City; amended 23 U.S.C. 127(d)(1) 
to permit Iowa to allow longer combination vehicles (LCV's) that were 
not in operation in that State on June 1, 1991, to operate on I-29 
between the South Dakota border and Sioux City and on I-129 between the 
Nebraska border and Sioux City; and amended 49 U.S.C. 31112(c) to 
permit Iowa to allow (1) combinations with two or more cargo carrying 
units of the length allowed by South Dakota on June 1, 1991, on I-29 
between the South Dakota border and Sioux City, and (2) combinations 
with two or more cargo carrying units of the length allowed by Nebraska 
on June 1, 1991, on I-129 between the Nebraska border and Sioux City. 
This provision is permissive and

[[Page 10179]]

not mandatory. However, Mr. Darrel Rensink, Director of the Iowa 
Department of Transportation, in a letter dated February 12, 1996, 
advised that the State was adopting legislation to implement the 
congressional authorization. The legislation, Iowa House Bill 2066, 
(76th General Assembly, 2d Sess. (1996))with an immediate effective 
date, was signed by the Governor on March 1, 1996. (Iowa Code 
Sec. 321.457(2)(f) (1995)).
    In subsequent correspondence, Sioux City officials advised that 
their intent in seeking Federal legislation was to enable these 
vehicles to operate not only in Sioux City proper, but also 
``Siouxland'', the commercial zone listed in 49 CFR 1048.101. Although 
the Sioux City commercial zone is not mentioned in Sec. 312(a), Iowa 
Code Annotated Sec. 321.457.2.g (1985) authorized vehicles of legal 
length and weight in adjoining States to operate in the commercial zone 
of Iowa border cities. The inclusion of this statute in the Iowa code 
for more than 20 years strongly suggests that the supporters and 
sponsors of this Federal exception intended it to have the same 
geographical reach. Under the circumstances, we believe it is 
reasonable to allow the larger and heavier vehicles from Nebraska and 
South Dakota to operate on Interstate and NN routes not only in Sioux 
City but also in its commercial zone, as that zone existed on the date 
of enactment of the NHS Designation Act (November 28, 1995). Further 
expansion of the area covered by the exception will not be allowed even 
if the Sioux City commercial zone later expands as a result of 
population increase or expansion of the corporate limits of Sioux City. 
Appendix C will be amended accordingly.
    Appendix C lists a truck-trailer--LCV combination authorized to 
operate in Oregon. Information received from the State dated January 
31, 1992, and November 2, 1994, shows that the vehicle in actual and 
lawful operation in the State before June 2, 1991, was a truck-trailer 
combination operating at a maximum overall length of 75 feet. However, 
a truck-trailer combination cannot be an LCV, since the latter is 
defined as a combination of a truck tractor and two or more trailers. 
Appendix C will be corrected to delete the LCV listing and show the 
maximum cargo carrying unit length for this truck-trailer combination 
as 70 feet, 5 inches.
    The maximum weight in Michigan for a truck tractor and 2 trailing 
units shown in appendix C of 23 CFR part 658 was corrected from 154,000 
to 164,000 pounds in the Federal Register of March 22, 1995 (60 FR 
15212) for the reasons given. However, the correction was inadvertently 
not made in the ``STATE'' section and is being done at this time.
    The listing for Nebraska in appendix C is being corrected based on 
material previously submitted to the FHWA by the State as described in 
a March 20, 1992 (57 FR 9900) notice of proposed rulemaking. The State 
may issue permits for a truck tractor and 2 trailing unit combination 
to exceed 65 feet in length by 10 percent (up to 71.5 feet) when 
carrying seasonally harvested products from the field where they are 
harvested to storage, market, or stockpile in the field or from 
stockpile to market or factory when failure to move such product or 
products in abundant quantities would cause an economic loss to the 
person or persons whose product or products are being transported or 
when failure to move such product or products in as large quantities as 
possible would not be in the best interests of the national defense or 
general welfare. Permits are valid for 30 days and are renewable four 
times per year. Such a combination may not travel on the Interstate 
System and is limited to a maximum of 70 miles per permitted trip 
between origin and destination.
    Appendix C provides that vehicles from Kansas, Nebraska, and 
Oklahoma that do not exceed the ISTEA length freeze may travel up to 20 
miles into Missouri. The maximum cargo carrying length for a truck 
tractor and 2 trailing units listed for Missouri is 109 feet, the same 
as in Kansas, rather than 110 feet as in Oklahoma. The maximum cargo 
carrying length for Missouri will be corrected to 110 feet.

Additions to Interstate System

    Section 312(b) of the NHS Act provided that if the 104-mile portion 
of Wisconsin State Route 78 and U.S. Route 51 between I-90/94 near 
Portage, Wisconsin, and Wisconsin State Route 29 south of Wausau was 
designated as part of the Interstate System, the Interstate weight 
limits would not apply with respect to the operation of any vehicle 
that could legally operate on this 104 mile segment before November 28, 
1995. The route was designated as I-39 on January 11, 1996, and, 
therefore, 23 CFR 658.17 is amended to reflect that State weight limits 
in effect before November 28, 1995, will continue to apply for vehicles 
that could legally operate on it at that time.
    Section 404 of the ICC Termination Act of 1995 (ICCTA), Pub. L. 
104-88, 109 Stat. 803, 956, December 29, 1995, amended 23 U.S.C. 127 by 
adding new subsection (g) which provided that if the segment of U.S. 
Route 220 between Bedford and Bald Eagle, Pennsylvania, was designated 
as part of the Interstate System, the single axle weight, tandem axle 
weight, gross vehicle weight, and the bridge formula limits would be 
those that applied to any vehicle which could have operated on it 
before December 29, 1995. The route from the I-70/76 Pennsylvania 
Turnpike Exit 11 connection interchange near Bedford northerly to the 
U.S. 220/PA 350 interchange near Bald Eagle was designated as I-99 on 
January 26, 1996. Therefore, 23 CFR 658.17 is amended to reflect that 
State weight limits in effect before December 29, 1995, will continue 
to apply for vehicles that could legally operate on what is now I-99.

Motorsports Trailers

    Section 104(b) of the ICCTA amended 49 U.S.C. 31111(b)(1), part of 
the Surface Transportation Assistance Act of 1982 (STAA), by adding a 
new paragraph (E) which, in context, provides as follows:

    (b) GENERAL LIMITATIONS.--(1) Except as provided in this 
section, a State may not prescribe or enforce a regulation of 
commerce that * * *.
    (E) imposes a limitation of less than 46 feet on the distance 
from the kingpin to the center of the rear axle on trailers used 
exclusively or primarily in connection with motorsports competition 
events.

    Although the statute uses the word ``trailers,'' the issue of 
kingpin settings arises almost exclusively in connection with 
semitrailers. The FHWA does not believe the word ``trailers'' was used 
as a term of art to mean a freight vehicle where no part of its weight, 
except the hitch, rests on the towing unit but was intended to include 
and primarily refer to semitrailers, where the front of the towed unit 
rests upon the self-propelled towing unit.
    The STAA requires all States to allow truck tractors to operate in 
combination with 48-foot or grandfathered length semitrailers on the 
National Network and reasonable access routes. In the States of 
California, Indiana, and Wisconsin, where 53 feet is the grandfathered 
semitrailer length, subject to minimum kingpin distances of 38 feet, 
40.5 feet, and 41 feet, respectively, these kingpin distances have been 
superseded for vehicles subject to 23 CFR 658.13(h). The grandfathered 
lengths remain 53 feet but the minimum kingpin settings have been 
amended to reflect the minimum 46-foot distance required for the 
vehicles described in paragraph (h). A minimum kingpin setting of 46 
feet also applies to motorsports semitrailers to which States might 
later attempt to apply a kingpin

[[Page 10180]]

rule. The 46-foot minimum applies whether the length of such 
semitrailers is grandfathered under appendix B to part 658 or governed 
solely by State law.
    The statute prohibits States from setting kingpin distances of less 
than 46 feet for trailers used exclusively or ``primarily'' in 
connection with motorsports competition events. This would include such 
trailers when transporting competition vehicles to or from off-track 
repair shops, storage facilities between races, or similar facilities.
    A question may arise as to whether a vehicle transporting 
competition vehicles may be considered an automobile transporter 
subject to a 65-foot minimum overall length limit (75-foot if stinger 
steered). Although the statute does not specifically address this 
issue, kingpin settings are seldom at issue in automobile transporters 
since States may not require settings that would prevent them from 
realizing the minimum overall lengths. Furthermore, automobile 
transporters are defined as vehicle combinations ``designed and used 
specifically for the transport of assembled highway vehicles,'' while 
the title of section 104(b) makes it clear that these trailers are 
designed to carry ``off-road, competition vehicles.'' In addition, the 
trailers that are used to haul competition vehicles usually include 
other facilities, such as workshops or lounges. This fact would 
disqualify them from being considered automobile transporters.

Technical Amendments

    A sentence in 23 CFR 658.13(e)(1)(ii) reads, ``Further, no State 
shall impose a front overhang limitation of less than three (3) feet 
nor a rearmost overhand limitation of less than four (4) feet.'' The 
word ``overhand'' is an obvious error and will be changed to 
``overhang.''
    Regulations in 23 CFR 657.15(f)(3)(ii) read as follows:

    Penalties reported shall include citations issued, civil 
assessments, and incidences of load shifting or off-loading of 
excess weight categorized as follows: violations of axle and/or 
gross vehicle weights, or violations resulting from application of 
the bridge formula.

    One State has interpreted this to mean that it may choose between 
reporting only axle and gross weight violations or only bridge formula 
violations. The purpose of the regulation is to require States to 
provide information used in evaluating the adequacy of their 
enforcement efforts, as explained in the preamble to the final rule 
published on August 7, 1980 (45 FR 52365):

    The certification shall include citations for gross and axle 
weights and also now must include, by specific reference, violations 
of the bridge formula, which is the central element in ensuring 
compliance with 23 U.S.C. 127. * * * It is essential that the bridge 
formula be enforced and it is not possible to evaluate State efforts 
in this respect without a specific reporting of activity. (45 FR 
52368).

    The regulation will be clarified accordingly.
    Statutory references in 23 CFR 657.15 (b) and (c)(2), and 23 CFR 
658.23 (c) and (e) will be updated to the current codification or 
recodification.

Regulatory Analyses and Notices

    The Administrative Procedure Act allows agencies engaged in 
rulemaking to dispense with prior notice to the public when the agency 
for good cause finds that such procedure is impracticable, unnecessary, 
or contrary to the public interest. 5 U.S.C. 553(b). The FHWA has 
determined that providing prior notice on this action is unnecessary 
because it merely amends regulations to incorporate statutory 
requirements and makes several technical corrections to 23 CFR parts 
657 and 658, and appendix C to 23 CFR part 658. This document also 
contains several interpretations and general statements of policy which 
are not subject to notice and comment procedures under the 
Administrative Procedure Act. For the reasons set forth here, the FHWA 
has also determined that it has good cause under 5 U.S.C. 553(d)(3) to 
make the rule effective upon publication in the Federal Register.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FHWA has determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866 or 
significant within the meaning of U.S. Department of Transportation 
Regulatory Policies and Procedures. The changes will reflect the 
statutory requirements and make several technical corrections. It is 
anticipated that the economic impact of this rulemaking will be 
minimal. Most of the new regulations adopted here codify statutes 
designed to preserve the status quo. The amended regulations were 
requested by the States, are substantively insignificant even to the 
parties affected or correct ministerial errors in previous rules; some 
fall into more than one category. Therefore a full regulatory 
evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this rule on small 
entities. Most of these rules simply preserve the current status quo. 
Many of the changes benefit truckers by removing restrictions on their 
operations or correcting errors that could have led them inadvertently 
to violate Federal standards. The change with the greatest apparent 
impact--reducing the length of the trailers allowed in a triple-trailer 
combination in Alaska--is a ministerial amendment to codify a decision 
made by the State under State law. For these reasons, the FHWA hereby 
certifies that this action will not have a significant economic impact 
on a substantial number of small entities.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that it does not have sufficient federalism implications to warrant the 
preparation of a federalism assessment. The Statutes underlying this 
rule--primarily the ISTEA, the NHS Designation Act, and the ICC 
Termination Act--specify the Department's role. These technical 
amendments carry out the various Congressional mandates. Nearly all of 
the changes that affect the States were requested by the States. None 
preempts any significant State activity or authority.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this proceeding.

Paperwork Reduction

    This action does not add or expand a collection of information 
requirement for purposes of the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501 et seq.

National Environmental Policy Act

    The FHWA has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has 
determined that this action would not have any effect on the quality of 
the environment.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and

[[Page 10181]]

October of each year. The RIN contained in the heading of this document 
can be used to cross reference this action with the Unified Agenda.

List of Subjects

23 CFR Part 657

    Enforcement, Enforcement plan, Highways and roads, Sanctions, and 
Vehicle size and weight certification.

23 CFR Part 658

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

    Issued on: February 5, 1997.
Rodney E. Slater
Federal Highway Administrator.

    In consideration of the foregoing, the FHWA is amending 23 CFR, 
subchapter G, parts 657 and 658 as set forth below.

PART 657--CERTIFICATION OF SIZE AND WEIGHT ENFORCEMENT

    1. The authority citation for 23 CFR part 657 is revised to read as 
follows:

    Authority: Sec. 123, Pub. L. 95-599, 92 Stat. 2689; 23 U.S.C. 
127, 141, and 315; 49 U.S.C. 31111-31114; sec. 1023, Pub. L. 102-
240, 105 Stat. 1914; and 49 CFR 1.48 (b) and (c).

    2. In Sec. 657.15, paragraphs (b) and (c)(2) are amended removing 
the words ``49 U.S.C. app. 2311(j)'' and adding ``49 U.S.C. 31112''.
    3. In Sec. 657.15, paragraph (f)(3)(ii) is revised to read as 
follows:


Sec. 657.15  Certification content.

* * * * *
    (f) * * *
    (3) * * *
    (ii) Penalties. Penalties reported shall include the number of 
citations or civil assessments issued for violations of each of the 
following: Axle, gross and bridge formula weight limits. The number of 
vehicles whose loads are either shifted or offloaded must also be 
reported.
* * * * *

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

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

    Authority: 23 U.S.C. 127 and 315; 49 U.S.C. 31111-31114; 49 CFR 
1.48 (b) and (c).

    5. In Sec. 658.13, paragraph (e)(1)(ii) is amended by removing the 
word ``overhand'' and adding the word ``overhang'', and paragraph (h) 
is added to read as follows:


Sec. 658.13  Length.

* * * * *
    (h) No State shall impose a limitation of less than 46 feet on the 
distance from the kingpin to the center of the rear axle on trailers or 
semitrailers used exclusively or primarily to transport vehicles in 
connection with motorsports competition events.
    6. In Sec. 658.17, paragraph (k) is revised and new paragraphs (l) 
and (m) are added to read as follows:


Sec. 658.17  Weight.

* * * * *
    (k) Any vehicle which is regularly and exclusively used as an 
intrastate public agency transit passenger bus is excluded from the 
axle weight limits in paragraphs (c) through (e) of this section from 
October 6, 1992, until the date on which Federal-aid highway and 
transit programs are reauthorized after November 28, 1995.
    (l) The provisions of paragraphs (b) through (e) of this section 
shall not apply to the operation, on the 104 mile portion of I-39 
between I-90/94 near Portage, Wisconsin, and Wisconsin State Route 29 
south of Wausau, Wisconsin, of any vehicle that could legally operate 
on this highway section before November 28, 1995.
    (m) The provisions of paragraphs (b) through (e) of this section 
shall not apply to the operation, on I-99 between Bedford and Bald 
Eagle, Pennsylvania, of any vehicle that could legally operate on this 
highway section before December 29, 1995.
    7. In 23 CFR 658.23, paragraphs (c) and (e) are amended by removing 
the words ``sections 1023 and 4006 of Pub. L. 102-240'' and adding ``23 
U.S.C. 127(d) and 49 U.S.C. 31112'' wherever they appear.
    8. Appendix B to part 658 is amended by revising footnote numbers 
1, 2, and 3 for the States of California, Indiana, and Wisconsin, 
respectively, to read as follows:

Appendix B to Part 658--Grandfathered Semitrailer Lengths

* * * * *
    \1\ Semitrailers up to 53 feet may also operate without a permit 
by conforming to a kingpin-to-rearmost axle distance of 38 feet. 
Semitrailers that are consistent with 23 CFR 658.13(h) may operate 
without a permit provided the distance from the kingpin to the 
center of the rear axle is 46 feet or less.
    \2\ Semitrailers up to 53 feet in length may operate without a 
permit by conforming to a kingpin-to-rearmost axle distance of 40 
feet 6 inches. Semitrailers that are consistent with 23 CFR 
658.13(h) may operate without a permit provided the distance from 
the kingpin to the center of the rear axle is 46 feet or less.
    \3\ Semitrailers up to 53 feet in length may operate without a 
permit by conforming to a kingpin-to-rear axle distance of 41 feet, 
measured to the center of the rear tandem assembly. Semitrailers 
that are consistent with 23 CFR 658.13(h) may operate without a 
permit provided the distance from the kingpin to the center of the 
rear axle is 46 feet or less.
    9. Appendix C to part 658 is amended as follows:
    A. By revising the entries for the States of Arizona, Iowa, 
Missouri, and Oregon in the table entitled ``Vehicle Combinations 
Subject to Pub. L. 102-240''.
    B. By changing the maximum length of each trailing unit in a 
triple trailer combination in Alaska from 45 to 28.5 feet and also 
changing the beginning date when they may operate from April 15 to 
May 1 of each year.
    C. By changing the maximum weight for double and triple trailer 
combinations that may operate in Arizona on I-15 from 111,000 and 
123,500 pounds, respectively, to 129,000 pounds.
    D. By adding the State of Iowa to the detailed State listing to 
reflect the fact that vehicles subject to the ISTEA freeze in 
Nebraska and South Dakota are authorized to operate on I-29 and I-29 
from their borders into Sioux City.
    E. In the listing for the State of Michigan for the combination 
``Truck tractor and 2 trailing units--LCV'' by revising the weight 
under the heading ``Maximum Allowable Gross Weight''.
    F. By adding a listing in Nebraska for a truck tractor and 2 
trailing unit combination over 65 feet up to 71.5 feet in length 
when carrying seasonally harvested products for a maximum of 70 
miles per permitted trip between origin and destination.
    G. In the listing for the State of Missouri for the combination 
``Truck tractor and 2 trailing units--LCV'' by revising the ``Length 
of the Cargo-Carrying Units'' from 109 to 110 feet.
    H. In the listing for the State of Oregon by removing the 
combination ``Truck-trailer--LCV'' and by adding new text for the 
combination ``Truck-trailer''.

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

Appendix C to Part 658--Trucks Over 80,000 Pounds on the Interstate 
System and Trucks Over STAA Lengths on the National Network

* * * * *

[[Page 10182]]



                                 Vehicle Combinations Subject to Pub. L. 102-240                                
----------------------------------------------------------------------------------------------------------------
                                       Truck tractor and 2 trailing    Truck tractor and 3 trailing             
                State                              units                          units                 Other   
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
Arizona.............................  95'  129K                       95'  129K                              (1)
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Iowa................................  100'  129K                      100'  129K                             78'
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Missouri............................  110'  120K(4)                   109'  120K                              NO
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Oregon..............................  68'  105.5K                     96'  105.5K                        70' 5''
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------

    (4) These dimensions do not apply to the same combinations. The 
110-foot length is limited to vehicles entering from Oklahoma, also 
limited to 90K gross weight. The 120K gross weight is limited to 
vehicles entering from Kansas, also limited to a cargo carrying 
length of 109 feet.
* * * * *

State: Alaska

    Combination: Truck Tractor and 3 Trailing Units.
* * * * *
    Vehicle: Individual trailer length in a three trailing unit 
combination shall not exceed 28.5 feet. Engine horsepower rating 
shall not be less than 400 horsepower.
    These combinations are allowed to operate only between May 1 and 
September 30 of each year. Weather restrictions are imposed when 
hazardous conditions exist, as determined by the Alaska DOT&PF and 
the Department of Public Safety, Division of State Troopers. No 
movement is permitted if visibility is less than 1,000 feet.

State: Arizona

    Combination: Truck Tractor and 2 Trailing Units--LCV.
* * * * *
    Maximum Allowable Gross Weight: 129,000 pounds.
    Operational Conditions:
* * * * *
    Weight: Single-axle maximum weight limit is 20,000 pounds, 
tandem-axle maximum weight limit is 34,000 pounds, and the gross 
vehicle weight limit is 129,000 pounds, subject to the Federal 
Bridge Formula.
* * * * *
    Access: Access is allowed for 20 miles from I-15 Exits 8 and 27 
or 20 miles from other authorized routes.
* * * * *

State: Arizona

    Combination: Truck tractor and 3 trailing units--LCV.
* * * * *
    Maximum Allowable Gross Weight: 123,000 pounds (129,000 pounds 
on I-15).
    Operational Conditions:
* * * * *
    Weight: Single-axle maximum weight limit is 20,000 pounds, 
tandem-axle maximum weight limit is 34,000 pounds, and the gross 
vehicle weight is 123,500 pounds (129,000 on I-15), subject to the 
Federal Bridge Formula.

State: Iowa

    Combination: Truck tractor and 2 trailing units--LCV.
    Length of the Cargo-Carrying Units: 100 feet when entering Sioux 
City from South Dakota or South Dakota from Sioux City; 65 feet when 
entering Sioux City from Nebraska or Nebraska from Sioux City..
    Maximum Allowable Gross Weight: 129,000 pounds when entering 
Sioux City from South Dakota or South Dakota from Sioux City; 95,000 
pounds when entering Sioux City from Nebraska or Nebraska from Sioux 
City.
    Operational Conditions:
    Iowa allows vehicles from South Dakota and Nebraska access to 
terminals which are located within the corporate limits of Sioux 
City and its commercial zone as shown in 49 CFR 1048.101 on November 
28, 1995. These vehicles must be legal in the State from which they 
enter Iowa.
    Weight, Driver, Vehicle, and Permit: Same conditions which apply 
to a truck tractor and 2 trailing units legally operating in South 
Dakota or Nebraska.
    Access: These combinations may operate on any road within the 
corporate limits of Sioux City and its commercial zone as shown in 
49 CFR 1048.101 on November 28, 1995, when authorized by appropriate 
State or local authority.
    Routes: LCV combinations may operate on all Interstate System 
routes in Sioux City and its commercial zone as shown in 49 CFR 
1048.101 on November 28, 1995. If subject only to the ISTEA freeze 
on length, they may operate on all NN routes in Sioux City and its 
commercial zone, as above.
    Legal Citations: Iowa Code Sec. 321.457(2)(f) (1995).

State: Iowa

    Combination: Truck tractor and 3 trailing units--LCV
    Length of Cargo-Carrying Units: 100 feet when entering Sioux 
City from South Dakota or South Dakota from Sioux City.
    Maximum Allowable Gross Weight: 129,000 POUNDS when entering 
Sioux City from South Dakota or South Dakota from Sioux City.
    Operational Conditions:
    Weight, Driver, Vehicle, and Permit: Same as the SD-TT3 
combination.
    Access: Same as the IA-TT2 combination.
    Routes: Same as the IA-TT2 combination.
    Legal Citation: Same as the IA-TT2 combination.

State: Iowa

    Combination: Truck-trailer
    Length of the Cargo-Carrying Units: 78 feet when entering Sioux 
City from South Dakota or South Dakota from Sioux City; 68 feet when 
entering Sioux City from Nebraska or Nebraska from Sioux City.
    Operational Conditions:
    Iowa allows vehicles from South Dakota and Nebraska access to 
terminals which are located within the corporate limits of Sioux 
City and its commercial zone, as shown in 49 CFR 1048.101 on 
November 28, 1995. These vehicles must be legal in the State from 
which they enter Iowa.
    Weight, Driver, Vehicle, and Permit: Same conditions which apply 
to a truck-trailer combination legally operating in Nebraska or 
South Dakota.
    Access: Same as the IA-TT2 combination.
    Routes: Same as IA-TT2 combination.
    Legal Citation: Same as the IA-TT2 combination.
* * * * *

State: Michigan

* * * * *
    Combination: Truck tractor and 2 trailing units--LCV.
* * * * *
    Maximum Allowable Gross Weight: 164,000 pounds.
    Operational Conditions:
    Weight: The single-axle weight limit for LCV's is 18,000 pounds 
for axles spaced 9 feet or more apart. For axles spaced more than 
3.5 but less than 9 feet apart, the single-axle weight limit is 
13,000 pounds. The tandem-axle weight limit is 16,000 pounds per 
axle for the first tandem and 13,000 pounds per axle for all other 
tandems. Axles spaced less than 3.5 feet apart are limited to 9,000 
pounds per axle. Maximum load per

[[Page 10183]]

inch width of tire is 700 pounds. Maximum gross weight is determined 
based on axle and axle group weight limits.
    When restricted seasonal loadings are in effect, load per inch 
width of tire and maximum axle weights are reduced as follows: Rigid 
pavements--525 pounds per inch of tire width, 25 percent axle weight 
reduction; Flexible pavements--450 pounds per inch of tire width, 35 
percent axle weight reduction.
* * * * *

State: Missouri

    Combination: Truck tractor and 2 trailing units--LCV.
    Length of the Cargo Carrying Units: 110 feet.

State: Nebraska

    Combination: Truck tractor and 2 trailing units--LCV
    Length of the Cargo-Carrying Units: 95 feet for combination 
units traveling empty. 65 feet for combination units carrying cargo, 
except those carrying seasonally harvested products from the field 
where they are harvested to storage, market, or stockpile in the 
field, or from stockpile to market, which may extend the length to 
71.5 feet.
    Operational Conditions:
    Weight: Maximum weight:
    Single axle = 20,000 pounds
    Tandem axle = 34,000 pounds
    Gross = Determined by Federal Bridge Formula B, but not to 
exceed 95,000 pounds.
* * * * *
    Permit: A weight permit in accordance with Chapter 12 of the 
Nebraska Department of Roads (NDOR) Rules and Regulations is 
required for operating on the Interstate System with weight in 
excess of 80,000 pounds.
    A length permit, in accordance with Chapters 8 or 11 of the NDOR 
Rules and Regulations, is required for two trailing unit 
combinations with a length of cargo-carrying units over 65 feet. 
Except for permits issued to carriers hauling seasonally harvested 
products in combinations with a cargo-carrying length greater than 
65 feet but not more than 71.5 feet which may move as necessary to 
accommodate crop movement requirements, holders of length permits 
are subject to the following conditions.
    Movement is prohibited on Saturdays, Sundays, and holidays; when 
ground wind speed exceeds 25 miles per hour; when visibility is less 
than 800 feet; or when steady rain, snow, sleet, ice, or other 
conditions cause slippery pavement. Beginning November 15 until 
April 16 permission to move must be obtained from the NDOR Permit 
Office within 3 hours of movement. Beginning April 16 until November 
15 permission to move must be obtained within 3 days of the 
movement.
    Fees are charged for all permits. Length permits for 
combinations carrying seasonally harvested products are valid for 30 
days and are renewable but may not authorize operation for more than 
120 days per year.
    All permits are subject to revocation if the terms are violated.
    Access: Access to NN routes is not restricted for two trailing 
unit combinations with a cargo-carrying length of 65 feet or less, 
or 71.5 feet or less if involved in carrying seasonally harvested 
products. For two trailing unit combinations with a cargo-carrying 
length greater than 65 feet and not involved in carrying seasonally 
harvested products, access to and from I-80 is limited to designated 
staging areas within six miles of the route between the Wyoming 
State Line and Exit 440 (Nebraska Highway 50); and except for 
weather, emergency, and repair, cannot reenter I-80 after exiting.
    Routes: Except for length permits issued to carriers hauling 
seasonally harvested products in combinations with a cargo-carrying 
length greater than 65 feet but not more than 71.5 feet which may 
use all non-Interstate NN routes, vehicles requiring length permits 
are restricted to Interstate 80 between the Wyoming State Line and 
Exit 440 (Nebraska Highway 50). Combinations not requiring length 
permits may use all NN routes.
* * * * *

State: Nebraska

    Combination: Truck tractor and 3 trailing units.
* * * * *
    Operational Conditions:
* * * * *
    Driver: Same as the NE-TT2 combination.
    Permit: A length permit, in accordance with Chapter 11 of the 
NDOR Rules and Regulations is required for a three trailing unit 
combination. Conditions of the length permit prohibit movements on 
Saturdays, Sundays, and holidays; when ground wind speed exceeds 25 
miles per hour; and when visibility is less than 800 feet. Movement 
is also prohibited during steady rain, snow, sleet, ice, or other 
conditions causing slippery pavement. Beginning November 15 until 
April 16 permission to move must be obtained from the NDOR Permit 
Office within 3 hours of movement. Beginning April 16 until November 
15 permission to move must be obtained within 3 days of the 
movement. A fee is charged for the annual length permit. These 
permits can be revoked if the terms are violated.
    Access: Access to and from I-80 is limited to designated staging 
areas within 6 miles of the route between Wyoming State Line and 
Exit 440 (Nebraska Route 50). Except for weather, emergency, and 
repair, three trailing unit combinations cannot reenter the 
Interstate after having exited.
* * * * *

State: Oregon

    Combination: Truck-trailer.
    Length of Cargo-Carrying Units: 70 feet, 5 inches.
    Weight: This combination must operate in compliance with State 
laws and regulations. Because it is not an LCV, it is not subject to 
the ISTEA freeze as it applies to maximum weight.
    Driver, Access, Routes, and Legal Citations: Same as OR-TT2 
combination.
    Vehicle: The truck or trailer may be up to 40 feet long not to 
exceed 75 feet overall. The truck may have a built-in hoist to load 
cargo. Any towed vehicle in a combination must be equipped with 
safety chains or cables to prevent the towbar from dropping to the 
ground in the event the coupling fails. The chains or cables must 
have sufficient strength to control the towed vehicle in the event 
the coupling device fails and must be attached with no more slack 
than necessary to permit proper turning. However, this requirement 
does not apply to a fifth-wheel coupling if the upper and lower 
halves of the fifth wheel must be manually released before they can 
be separated.
    Permit: No overlength permit required.
* * * * *
[FR Doc. 97-5426 Filed 3-4-97; 8:45 am]
BILLING CODE 4910-22-P