[Federal Register Volume 63, Number 224 (Friday, November 20, 1998)]
[Proposed Rules]
[Pages 64434-64436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31034]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 658

[FHWA Docket No. FHWA-98-4326]
RIN 2125-AE43


Truck Size and Weight; Definitions; Nondivisible

AGENCY: Federal Highway Administration (FHWA), DOT.

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

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SUMMARY: The FHWA proposes to modify its definition of nondivisible 
load or vehicle to include marked military vehicles. This will allow, 
but not require, States to issue overweight permits for such vehicles 
to operate on the Interstate System.

DATES: Comments on this docket must be received on or before January 
19, 1999.

ADDRESSES: Signed, written comments should refer to the docket number 
that appears at the top of this document and must be submitted to the 
Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW, 
Washington, DC 20590-0001. All comments received will be available for 
examination at the above address between 10 a.m. and 5 p.m., e.t., 
Monday through Friday, except Federal holidays. Those desiring 
notification of receipt of comments must include a self-addressed, 
stamped envelope or postcard.

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

SUPPLEMENTARY INFORMATION:

Electronic Access

    Internet users can access all comments received by the U.S. 
Dockets, Room PL-401, by using the universal resource locator (URL): 
http://dms.dot.gov. It is available 24 hours each day, 365 days each 
year. Please follow the instructions online for more information and 
help.

[[Page 64435]]

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Government Printing 
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet 
users may reach the Federal Register's home page at: http://
www.nara.gov/fedreg and the Government Printing Office's database at: 
http://www.access.gpo.gov/nara.

Background

    States must adopt and enforce Federal weight standards for the 
Interstate System or risk the loss of certain Federal-aid highway 
funds. These standards are 20,000 pounds on a single axle, 34,000 
pounds on a tandem axle, and the weights specified by the bridge 
formula, up to a maximum gross vehicle weight of 80,000 pounds. The 
bridge formula is designed to ensure that a vehicle is sufficiently 
long and has enough axles to protect bridges by spreading the weight 
over a large area of bridge decking and supports. Some States also have 
grandfathered weight limits which exceed Interstate System standards, 
usually because they were in effect in a State before the Interstate 
limits were adopted. In addition, all States may issue permits allowing 
nondivisible loads or vehicles, i.e., those that cannot be easily 
dismantled or divided, to use Interstate highways at weights above the 
normal Interstate limits. The FHWA has defined nondivisible load or 
vehicle in 23 CFR 658.5 as follows:
    (1) As used in this part, nondivisible means any load or vehicle 
exceeding applicable length or weight limits which, if separated into 
smaller loads or vehicles, would:
    (i) Compromise the intended use of the vehicle, i.e., make it 
unable to perform the function for which it was intended;
    (ii) Destroy the value of the load or vehicle, i.e., make it 
unusable for its intended purpose; or
    (iii) Require more than 8 workhours to dismantle using appropriate 
equipment. The applicant for a nondivisible load permit has the burden 
of proof as to the number of workhours required to dismantle the load.
    (2) A State may treat emergency response vehicles and casks 
designed for the transport of spent nuclear materials as nondivisible 
vehicles or loads.
    The Department of Defense's Military Traffic Management Command 
(MTMC) petitioned the FHWA for rulemaking to amend this definition to 
include marked military vehicles. The MTMC pointed out that since the 
end of the Cold War, the number of military units deployed overseas has 
declined, with the result that the bulk of our military forces are 
based in the continental United States. Current mobility strategy 
requires the capability to deploy military forces from the United 
States to any point where they may be needed. The nation's highways, 
particularly the Interstate System, play a significant role in such 
actions. Training exercises are essential to the performance of this 
mission since troops in actual deployments must be familiar with 
highway operations in order to assure safe and efficient 
transportation. The FHWA granted the MTMC petition for rulemaking on 
May 20, 1998. This notice sets forth the substance of the MTMC 
petition, proposes changes to the regulations at 23 CFR part 658 to 
accommodate MTMC's position, and solicits comments on the proposed 
revision of the nondivisible load or vehicle definition in the involved 
regulations.
    Under the current FHWA definition, some overweight military 
vehicles, such as the M-1 Abrams main battle tank, readily qualify as 
nondivisible. Other vehicles and equipment, however, would be 
classified as divisible. If a State does not issue overweight permits 
for divisible loads--a practice governed by complicated ``grandfather 
rights'' which vary from State to State--these military cargoes must be 
disassembled into their constituent parts before they can be 
transported on the Interstate System. This requirement impedes military 
exercises intended to maintain or improve operational readiness.
    One of the vehicles particularly affected by the current definition 
of nondivisibility is the Army's palletized load system (PLS). The PLS 
is a very large, rugged vehicle designed to operate off-road delivering 
munitions and other mission-critical supplies to front-line troops. The 
PLS is a 5-axle straight truck and 3-axle full trailer with an overall 
length of just under 60 feet, a wheelbase of just under 50 feet, and a 
maximum gross weight of 132,840 pounds. It weighs almost 66,500 pounds 
empty. If the straight truck is equipped with a material handling 
crane, the gross weight rises to 137,520 pounds and the empty weight to 
about 71,500 pounds. The loaded weights exceed the normal 80,000 pound 
Interstate weight limit, as well as the bridge formula limit for an 8-
axle vehicle with a wheelbase of 50 feet (94,500 pounds). While the 
Army can operate these vehicles off-road at any time, PLS crews also 
need the opportunity to train for rapid deployment from bases in the 
United States to airfields or ports of embarkation. Such exercises 
often involve the use of Interstate highways.
    An argument could be made that the PLS meets the current definition 
of a nondivisible load or vehicle because reducing its weight to normal 
Interstate limits would compromise its intended use or make it unusable 
for its intended purpose. Similar arguments, however, can be made for 
any commercial vehicle with a maximum designed gross weight in excess 
of the Federal limits. As the FHWA said in its February 25, 1993, 
preamble to a Supplemental Notice of Proposed Rulemaking (SNPRM), which 
included a proposed definition of a nondivisible load or vehicle,

    The intended use of a vehicle is not ``compromised'' simply 
because it is required to comply with applicable weight limits. For 
example, the fact that a combination with a GCWR (gross combination 
weight rating) of 90,000 or 100,000 pounds may not be allowed to 
operate on the Interstate at more than 80,000 pounds does not 
compromise its intended use since the vehicle's cargo-carrying 
function remains entirely unchanged. This (proposed) definition does 
not imply that vehicles must be allowed to operate at their design 
limits.

(58 FR 11450, at 11456, February 25, 1993.)

If the existing definition of a nondivisible load or vehicle were 
interpreted as including the PLS or other large military vehicles, the 
same rationale could force the FHWA to treat commercial vehicles 
designed to carry heavy loads as nondivisible. The result would be the 
replacement of Federal weight limits with State permit limits.
    Nevertheless, a regulation which makes it difficult for the States 
to allow the operation of large military vehicles on the Interstate 
System is indefensible. Amending the definition in 23 CFR. 658.5 will 
enable the States to make nondivisible load permits available to 
military equipment without risking the loss of Federal-aid highway 
funds. This will not compromise the ability of the FHWA to maintain 
reasonable limits on the use of such permits by commercial motor 
vehicles and carriers. Commercial trucking is essential to the U.S. 
economy, but military vehicles are designed and operated differently 
and serve fundamentally different purposes. This rulemaking does not 
establish a precedent applicable to civilian vehicles.
    The FHWA proposes to amend paragraph (2) of the definition of a 
``nondivisible load or vehicle'' by adding ``marked military equipment 
or materiel'' to the vehicles and equipment already listed there. This 
will enable, but not require, States to issue nondivisible load permits 
to vehicles qualifying as, or transporting, marked military equipment 
or materiel. The term ``marked military equipment or

[[Page 64436]]

materiel'' has two components: (1) There must be some kind of marking 
which openly identifies the equipment or materiel as belonging to U.S. 
military forces. This could take the form of individual service 
markings (``U.S. Army''), Federal license plates or even color (e.g., 
desert camouflage paint), and (2) the vehicle or load must be directly 
related to the military's combat or defense mission. In addition to 
more obvious items such as tanks or cannon, crates of ammunition, field 
medical supplies, or any other consumable that is directly used by 
troops would be covered by this definition. Conversely, crates of 
household furnishings owned by military personnel, or commercial 
concrete mixer trucks delivering to a construction site on a military 
base would not qualify under this definition.
    We believe it is appropriate to allow States to issue nondivisible-
load permits authorizing overweight movements of marked military 
equipment or materiel on the Interstate System. This is not to say that 
States should issue permits without consideration of the structural 
limits of their pavements or bridges. But withholding the discretion to 
accommodate the needs of U.S. military forces would be a disservice to 
the nation.

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 using the docket number appearing at the top of this 
document in the docket room at the above address. The FHWA will file 
comments received after the comment closing date in the docket and will 
consider late comments to the extent practicable. The FHWA may, 
however, issue a final rule at any time after the close of the comment 
period. In addition to late comments, the FHWA will also continue to 
file, in the docket, relevant information becoming available after the 
comment closing date, and interested persons should continue to examine 
the docket for new material.

Executive Order 12866 (Regulatory Planning and 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 E.O. 12866, nor is 
it considered significant under the regulatory policies and procedures 
of the DOT. It is anticipated that the economic impact of this 
rulemaking will be minimal. This rulemaking proposes to allow States to 
issue overweight permits for marked military vehicles to travel on the 
Interstate System. The effect on that System will be negligible and 
under full control by the States. 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 proposal on small 
entities. This rulemaking affects only States and the Department of 
Defense.
    Based on its evaluation of this proposal, the FHWA certifies that 
this action would 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 the proposed rule does not have sufficient federalism implications 
to warrant the preparation of a Federalism Assessment.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217, Motor 
Carrier Safety. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal Programs and 
activities do not apply to this program.

Paperwork Reduction Act

    The proposal in this document does not contain information 
collection requirements for the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501-3520.

National Environmental Policy Act

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

Unfunded Mandates Reform Act

    This proposed rule would not impose a Federal mandate resulting in 
the expenditure by State, local, and tribal governments, in the 
aggregate, or by the private sector, of $100 million or more in any one 
year (2 U.S.C. 1532).

Regulation Identification Number

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

List of Subjects in 23 CFR Part 658

    Grants programs--transportation, Highway and roads, Motor carrier--
size and weight.

    Issued on: November 13, 1998.
Kenneth R. Wykle,
Federal Highway Administrator.
    In consideration of the foregoing, the FHWA proposes to amend title 
23, Code of Federal Regulations, part 658, as set forth below:

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

    1. The authority citation for 23 CFR Part 658 is revised to read as 
follows:

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

    2. The definition of ``nondivisible load or vehicle'' in 23 CFR 
658.5 is amended to read as follows:


Sec. 658.5  Definitions.

* * * * *
    Nondivisible load or vehicle. 
    (1) As used in this part, nondivisible means any load or vehicle 
exceeding applicable length or weight limits which, if separated into 
smaller loads or vehicles, would:
    (i) Compromise the intended use of the vehicle, i.e., make it 
unable to perform the function for which it was intended;
    (ii) Destroy the value of the load or vehicle, i.e., make it 
unusable for its intended purpose; or
    (iii) Require more than 8 workhours to dismantle using appropriate 
equipment. The applicant for a nondivisible load permit has the burden 
of proof as to the number of workhours required to dismantle the load.
    (2) A State may treat emergency response vehicles, casks designed 
for the transport of spent nuclear materials, and marked military 
equipment or materiel as nondivisible vehicles or loads.
* * * * *
[FR Doc. 98-31034 Filed 11-19-98; 8:45 am]
BILLING CODE 4910-22-P