[Federal Register Volume 63, Number 245 (Tuesday, December 22, 1998)]
[Rules and Regulations]
[Pages 70650-70653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33760]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 658

RIN 2125-AE47


Truck Size and Weight; Technical Corrections

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule; technical corrections.

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SUMMARY: This document amends truck size and weight regulations by 
changing the definition of automobile transporters to include those 
transporting towed vehicles and truck camper units and extending the 
Interstate System axle weight exemption for public transit buses to 
October 1, 2003, as provided by the Transportation Equity Act for the 
21st Century (TEA-21), Pub. L. 105-178, 112 Stat. 107. Five additional 
technical corrections are also being made, to add Alligator Alley (I-
75) to the National Network (NN) listing in Florida; clarify that a 
State's grandfathered weight limits for divisible vehicles or loads on 
the Interstate System are permanently vested; clarify that the length 
of cargo carrying units subject to the freeze in the Intermodal Surface 
Transportation Efficiency Act of

[[Page 70651]]

1991 (ISTEA), Pub. L. 102-240, 105 Stat. 1914, are measured from the 
front of the first unit to the rear of the last; clarify that the 
prohibition against an overall length limit on truck tractor-
semitrailers or truck tractor-semitrailer-trailer combinations is not 
affected by grandfathered semitrailer lengths or kingpin settings; and 
correct the routes available under the ISTEA freeze in Utah for truck-
trailer-trailer combinations.

DATES: The effective date for this rule is December 22, 1998.

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:

Electronic Access

    Internet users can access all comments received by the U.S. DOT 
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.
    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.

Automobile Transporters

    Prior to the signing of TEA-21 on June 9, 1998, the definition of 
an automobile transporter in 23 CFR 658.5 read as follows:
    Any vehicle combination designed and used specifically for the 
transport of assembled (capable of being driven) highway vehicles.
    Section 4005 of TEA-21 amended 49 U.S.C. 31111(a) by adding a new 
paragraph (1) which defined ``automobile transporter'' as follows:
    (1) AUTOMOBILE TRANSPORTER.--The term ``automobile transporter'' 
means any vehicle combination designed and used specifically for the 
transport of assembled highway vehicles, including truck camper units.
    The deletion of the parenthetical phrase, ``capable of being 
driven'' from the definition indicates that the purpose was to include 
vehicles that could not be driven, that is, were not self-propelled. 
However, they must still be finished vehicles capable of operating on 
highways, which means, among other things, equipped with wheels. This 
would include trailers designed to be towed by power units at highway 
speeds. The one exception to this is a truck camper unit, which the 
Conference Report on TEA-21 [H.R. Conf. Rep. No. 105-550, at 488 
(1998)] explained as follows:
    The conference adopts the Senate provision. The conference notes 
that the phrase ``truck camper units'' is defined in the ANSI A119.2/
NFPA 501C standard on recreational vehicles as ``a portable unit 
constructed to provide temporary living quarters for recreational, 
travel, or camping use, consisting of a roof, floor, and sides, 
designed to be loaded onto and unloaded from the bed of a pickup 
truck'' (1996 edition).
    This describes a wheel-less unit designed to be loaded on the bed 
of a pickup truck before it can operate on a highway. Other wheel-less 
units would have to meet this same definition in order for the 
transporting unit to be considered an automobile transporter.
    Vehicles transporting wrecked automobiles or vehicles used solely 
to compete in motorsport competition events may not be considered 
automobile transporters. Wrecked automobiles are those that are either 
not operable, or if operable to some extent, could not operate safely 
on the highways. Vehicles used solely to compete in motorsport 
competition events are those that could not legally operate on the 
highways. In addition, vehicles transporting incomplete vehicles, such 
as ``glider kits'' (which basically consist of a chassis), that require 
the addition of further components in order to operate on highways may 
not be considered automobile transporters.

Public Transit Buses

    Section 1212(c) in TEA-21 amended Section 1023(h)(1) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 127 
note) by extending the Interstate System axle weight exemption for 
public transit buses to October 1, 2003. Provisions in 23 CFR 658.17(k) 
are changed accordingly.

National Network--Florida

    The listing for the National Network in Florida in appendix A to 23 
CFR 658 contains a ``Note'' reading as follows:
    I-75--Alligator Alley/FL 84 (Toll) between Golden Gate and US 27 
Andytown is a designated part of the Interstate System but is unsigned 
and not available until constructed to current Interstate standards.
    The Florida Division Office of the Federal Highway Administration 
has verified that Alligator Alley is now complete and has been 
constructed to Interstate standards. Appendix A is amended accordingly 
by eliminating the ``Note.''

Measurement of Cargo-Carrying Length

    Section 4006 of the ISTEA amended section 411 of the Surface 
Transportation Assistance Act of 1982 (STAA) by adding subsection 
(j)(7) [now codified at 49 U.S.C. 31112(a)(1)], reading as follows:
    CARGO CARRYING UNIT DEFINED.--As used in this subsection, ``cargo 
carrying unit'' means any portion of a commercial motor vehicle 
combination (other than the truck tractor) used for the carrying of 
cargo, including a trailer, semitrailer, or the cargo carrying section 
of a single unit truck.
    This definition was carried forward into 23 CFR 658.5. However, its 
significance is found in Sec. 411(j)(1) which froze the length of the 
cargo carrying units of vehicles with two or more such units to not 
more than what was in actual, lawful operation in a State on June 1, 
1991 [now 49 U.S.C. 31112(b)]. The current definition has been 
interpreted by some to mean that the length of each cargo carrying unit 
is to be measured separately and added together to get a total length. 
However, Sec. 411(j)(3) [49 U.S.C. 31112(a)(2)] provided as follows:
    MEASUREMENT OF LENGTH.--For purposes of this subsection, the length 
of the cargo carrying units of a commercial motor vehicle combination 
is the length measured from the front of the first cargo carrying unit 
to the rear of the last cargo carrying unit.
    In order to clarify how the cargo carrying units are to be measured 
to determine their allowable length under the ISTEA freeze, the 
definition of cargo carrying unit in 23 CFR 658.5 is amended by adding 
a sentence at the end specifying that they are to be measured from the 
front of the first unit to the rear of the last, including the 
hitch(es) between the units.

Grandfathered Semitrailer Lengths

    Regulations in 23 CFR 658.13(b)(3) read as follows:
    Except as noted in paragraphs (c)(1) and (2) of this section, no 
State shall impose an overall length limitation on commercial vehicles 
operating in truck tractor-semitrailer or truck tractor-

[[Page 70652]]

semitrailer-trailer combinations (emphasis added).
    Paragraphs (c) (1) and (2) relate to the requirement that States 
must allow the use of grandfathered length semitrailers. The underlined 
provision suggests that there is some exception to the prohibition 
against an overall length on truck tractor-semitrailer and truck 
tractor-semitrailer-trailer combinations depending on the grandfathered 
length. It is deleted in order to clarify that the ban on overall 
length limits has nothing to do with grandfathered semitrailer lengths.

Grandfathered Weight Limits

    Some States have asked whether they would lose their maximum 
grandfathered weight limits on the Interstate System by adopting lower 
weight limits. No, they would not. Grandfathered weights are vested on 
the date specified by Congress and are not affected by subsequent State 
action. In order to clarify this, a sentence is added at the end of 23 
CFR 658.17(i) reading as follows:
    Grandfathered weight limits are vested on the date specified by 
Congress and remain available to a State even if it chooses to adopt a 
lower weight limit for some period of time.

ISTEA Freeze--Utah

    The maximum cargo carrying length of commercial motor vehicles 
under the ISTEA freeze is shown in appendix C to 23 CFR 658. The routes 
for truck-trailer-trailer combinations in Utah are shown as ``Same as 
the UT-TT2 combination with a cargo-carrying length greater than 85 
feet'' (emphasis added). This fails to provide routing information for 
truck-trailer-trailer combinations with a cargo-carrying length of less 
than 85 feet. Information previously filed by the State shows that the 
routing for truck-trailer-trailer combinations is the same in all cases 
as for UT-TT2s (truck tractor and 2 trailing units). The text for 
``Routes'' is revised to reflect this.

Rulemaking 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 reason 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 part 658. This document also contains several interpretations and 
general statements of policy that are not subject to notice and comment 
under the Administrative Procedure Act. For the reasons set forth here, 
the FHWA has 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 E.O. 12866 nor is it considered 
significant within the meaning of the U.S. Department of Transportation 
regulatory policies and procedures. The changes reflect statutory 
requirements and make several technical corrections. It is anticipated 
that the economic impact of this rulemaking will be minimal. 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 status quo. Many of 
the changes benefit truckers, albeit without significant economic 
consequences, by removing restrictions on their operations or 
correcting errors that could have led them to inadvertently violate 
Federal standards. For these reasons, the FHWA hereby certifies that 
this action will not have a significant economic impact on a 
substantial number of small entities.

Unfunded Mandates Reform Act

    This rule does not impose unfunded mandates as defined by the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rulemaking 
relates to the Federal-aid Highway Program which is a financial 
assistance program in which State, local, or tribal governments have 
authority to adjust their program in accordance with changes made in 
the program by the Federal government, and thus is excluded from the 
definition of Federal mandate under the Unfunded Mandates Reform Act of 
1995.

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 this proceeding does not have sufficient federalism implications 
to warrant the preparation of a Federalism Assessment. The statutes 
underlying this rule--primarily the ISTEA and TEA-21--specify the 
Department's role. None of the changes 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 program.

Paperwork Reduction Act

    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. 3501-3520.

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.

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, Highways and roads, Motor 
carrier--size and weight.

    Issued on: December 10, 1998.
Kenneth R. Wykle,
Federal Highway Administrator.
    In consideration of the foregoing, the FHWA amends 23 CFR 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. In Sec. 658.5, the definitions of ``Automobile Transporters'' 
and ``Cargo-carrying unit'' are revised to read as follows:


Sec. 658.5  Definitions.

    Automobile transporters. Any vehicle combination designed and used 
specifically for the transport of

[[Page 70653]]

assembled highway vehicles, including truck camper units.
* * * * *
    Cargo-carrying unit. As used in this part, cargo-carrying unit 
means any portion of a commercial motor vehicle (CMV) combination 
(other than a truck tractor) used for the carrying of cargo, including 
a trailer, semitrailer, or the cargo-carrying section of a single-unit 
truck. The length of the cargo carrying units of a CMV with two or more 
such units is measured from the front of the first unit to the rear of 
the last [including the hitch(es) between the units].
* * * * *
    3. In Sec. 658.13, paragraph (b)(3) is revised to read as follows:


Sec. 658.13  Length.

* * * * *
    (b) * * *
    (3) No State shall impose an overall length limitation on 
commercial vehicles operating in truck tractor-semitrailer or truck 
tractor-semitrailer-trailer combinations.
* * * * *
    4. In Sec. 658.17, paragraphs (i) and (k) are revised to read as 
follows:


Sec. 658.17  Weight.

* * * * *
    (i) The provisions of paragraphs (b), (c), and (d) of this section 
shall not apply to single-, or tandem-axle weights, or gross weights 
legally authorized under State law on July 1, 1956. The group of axles 
requirement established in this section shall not apply to vehicles 
legally grandfathered under State groups of axles tables or formulas on 
January 4, 1975. Grandfathered weight limits are vested on the date 
specified by Congress and remain available to a State even if it 
chooses to adopt a lower weight limit for a time.
* * * * *
    (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 until 
October 1, 2003.
* * * * *

Appendix A to Part 658 [Amended]

    5. Appendix A to part 658 is amended for the State of Florida by 
removing the note at the end of the listing for that State.

Appenix C to Part 658 [Amended]

    6. Appendix C to part 658 is amended in the listing for the State 
of Utah for the combination ``Truck-trailer-trailer'' under the heading 
of ``ROUTES'' by removing the phrase, ``combination with a cargo 
carrying length greater than 85 feet.''

[FR Doc. 98-33760 Filed 12-21-98; 8:45 am]
BILLING CODE 4910-22-P