[Federal Register Volume 67, Number 145 (Monday, July 29, 2002)]
[Proposed Rules]
[Pages 48994-48997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19029]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 67, No. 145 / Monday, July 29, 2002 / 
Proposed Rules  

[[Page 48994]]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 658

[FHWA Docket No. FHWA-2001-10370]
RIN 2125-AE90


Commercial Vehicle Width Exclusive Devices

AGENCY: Federal Highway Administration (FHWA), DOT.

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

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SUMMARY: The FHWA is requesting comments on two proposals. The first 
would increase the distance that width exclusive devices could project 
from the side of a commercial vehicle from three to four inches. The 
agency views this proposal as a first step in the process to harmonize 
size and weight limits where possible in accordance with the provisions 
of the North American Free Trade Agreement (NAFTA). The second proposal 
would remove recreational vehicles (RVs) from consideration as a 
commercial motor vehicle. When recreational vehicles (RVs) are being 
moved to the point of customer delivery, e.g., from a manufacturing 
location to a dealer, or between a dealer and a tradeshow, they are 
currently considered to be commercial vehicles and therefore subject to 
the 102-inch vehicle width limitation. When a customer takes possession 
of the RV, however, it becomes personal property and is no longer 
subject to these regulations, unless the RV is clearly being used in a 
commercial enterprise. This proposed rule would eliminate the RV from 
consideration as a commercial vehicle and the subsequent need for 
overwidth permit for the trip from the manufacturer to the dealer and 
the dealer to the customer, if add-on customer convenience devices 
extend beyond the regular width exclusion zone.

DATES: Comments must be received on or before September 27, 2002.

ADDRESSES: Mail or hand deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590-0001, or submit electronically at 
http://dmses.dot.gov/submit. All comments should include the docket 
number that appears in the heading of this document. All comments 
received will be available for examination and copying at the above 
address from 9 a.m. to 5 p.m., e.t., Monday through Friday, except 
Federal holidays. Those desiring notification of receipt of comments 
must include a self-addressed, stamped postcard or you may print the 
acknowledgement page that appears after submitting comments 
electronically.

FOR FURTHER INFORMATION CONTACT: Mr. Phil Forjan, Office of Freight 
Management and Operations (202) 366-6817, or Mr. Raymond W. Cuprill, 
Office of the Chief Counsel (202) 366-0791, 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 Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    You may submit or retrieve comments online through the Document 
Management System (DMS) at: http://dms.dot.gov/submit. Acceptable 
formats include: MSWord (versions 95 to 97), MS Word for Mac (versions 
6 to 8), Rich Text File (RTF), American Standard Code Information 
Interchange (ASCII)(TXT), Portable Document Format (PDF), and 
WordPerfect (versions 7 to 8). The DMS is available 24 hours each day, 
365 days each year. Electronic submission and retrieval help and 
guidelines are available under the help section of the web site.
    An electronic copy of this document may be downloaded by using a 
computer, modem and suitable communications software, from the 
Government Printing Office's Electronic Bulletin Board Service at (202) 
512-1661. Internet users may reach the Office of the Federal Register's 
home page at: http://www.nara.gov/fedreg and the Government Printing 
Office's web page at: http://www.access.gpo.gov/nara.

Background

    This NPRM addresses two separate issues. They will each be 
discussed individually, as follows: (1) The increased allowance of 
width measurement, and (2) the removal of recreational vehicles from 
the definition of a commercial vehicle.

1. Increase of Width Exclusive Distance

    Section 411(h) of the Surface Transportation Assistance Act of 1982 
(STAA) (Pub. L. 97-424, 96 Stat. 2097) gave the Secretary of 
Transportation (Secretary) authority to exclude from the measurement of 
vehicle length any safety and energy conservation devices found 
necessary for the safe and efficient operation of commercial motor 
vehicles (CMVs). Section 416(b), now 49 U.S.C. 31113(b), authorized 
similar exclusions when measuring vehicle width. Section 411(h) also 
provided that no device excluded from length measurement by the 
Secretary could have, by design or use, the capability to carry cargo. 
That authority is now codified at 49 U.S.C. 31111(d). The current 
regulation, 23 CFR 658.16(b)(ii)(B), limits the distance that such 
devices may extend from the side of a commercial vehicle to three 
inches.
    A notice of proposed rulemaking is being issued today for comments 
on the potential safety and operational effects of increasing the 
allowable distance that non-property carrying devices may extend from 
the side of the vehicle, from three inches to four inches.
    In October 1999, the Land Transportation Standards Subcommittee 
(LTSS), Working Group 2 on Vehicle Weights and Dimensions, created by 
the North American Free Trade Agreement (NAFTA) in 1994, issued a 
discussion paper on vehicle performance criteria for vehicles that 
might be allowed to operate in the three NAFTA countries (Canada, 
Mexico and the United States). The report, ``Highway Safety Performance 
Criteria In Support of Vehicle Weight and Dimension Regulations,'' (a 
copy of which is included with this docket) contained candidate vehicle 
performance criteria and recommended threshold values. The definition 
of ``overall width'' proposed for standard use by the three countries 
as part of the discussion paper included, in part, ``exclusive of 
devices or appurtenances at the sides of a truck, tractor, semitrailer, 
or trailer whose

[[Page 48995]]

function is related to the safe operation of the vehicle. Such devices 
may extend no more than 10 centimeters beyond the side of the 
vehicle.'' Using accepted conversion factors, 10 centimeters equates to 
3.937 inches.
    The primary objective of Working Group 2 has been, and continues to 
be, to seek areas within the broad range of vehicle weights and 
dimensions that can be harmonized among the participating countries. 
The FHWA, as an active participant in the activities of the LTSS and 
Working Group 2, is attempting to harmonize size and weight limits 
where possible. The exclusion of non-property carrying devices, 
extending up to three inches from the side of a commercial vehicle, is 
based on agency policy and industry practice that has evolved since the 
first Federal statute describing maximum vehicle width appeared in 
1956. This three-inch limit itself is not statutory, and thus may be 
subject to administrative change by the agency.

2. Exemption of Recreational Vehicles From Commercial Vehicle 
Definition

    When recreational vehicles (RVs) are being moved to the point of 
customer delivery, e.g., from a manufacturing location to a dealer, or 
between a dealer and a tradeshow, they are currently considered to be 
commercial vehicles (the vehicle itself is the merchandise being 
transported). Therefore, the 102-inch vehicle width limitation in 23 
CFR part 658 is applicable to that movement. When a customer takes 
possession of the RV, it becomes personal property and is no longer 
subject to part 658, unless the RV is clearly being used in a 
commercial enterprise. Therefore, the treatment of additions to the 
vehicle's width limitations become a matter for State determination.
    Recreation Vehicles often include additions that are attached to 
the sides of the unit for use when parked, or for other designed 
purposes. When RVs are moving, these devices either fold up or roll up 
against the unit frame. As long as the devices remained within the 3-
inch zone, States have traditionally excluded these devices (as long as 
they do not carry cargo), even while the unit is in a commercial 
status.
    An increasing number of new RVs, however, are now coming equipped 
with roll up awnings for use when parked. The RV maufacturers, to add 
additional stability and strength, are building awnings into the 
structure of the RVs. These awnings come with the vehicle, rather than 
being an aftermarket or dealer add-on. However, when rolled up in the 
traveling position, the roll extends up to 6 inches from the side of 
the unit. Customarily, the motor carrier would be required to obtain an 
over-width special permit for an RV moving as a commercial vehicle, if 
it has an appurtenance extending beyond 3 inches on each side of the 
vehicle. Again, once a customer takes possession for private, personal 
use, there is no Federal requirement that States issue over width 
permits. In recent years, many States have enacted legislation 
specifically exempting roll-up awnings from any width requirements for 
personal use vehicles.
    In providing comments to a notice of proposed rulemaking on length 
and width exclusive devices published on August 18, 2000, at 65 FR 
50471 (Docket No. FHWA-1997-2234), the Wisconsin DOT, the Recreational 
Vehicle Industry Association (RVIA), and the U.S. House of 
Representatives Committee on Transportation and Infrastructure, all 
commented that this ``one-time'' requirement is not in the public 
interest. All noted that, for the short time and distance (relative to 
its eventual use) these units are a commercial vehicle, they should be 
exempted from any permit requirements. These requirements allegedly add 
to the transportation (and eventually buyer) cost, and create 
unnecessary administrative burdens on State permitting offices already 
stretched thin with increased commercial needs. These commenters 
proposed amending the definition of ``commercial vehicle'' used in this 
part. Because such an action was beyond the scope of the length and 
width exclusive device rulemaking, the FHWA decided to address it in 
this separate NPRM.
    Additionally, the Senate report that accompanied the U.S. DOT 
Appropriations Act for fiscal year 2002 included language encouraging 
the FHWA to amend its regulation to include an allowance, with 
reasonable safety limitations, for the commercial transport of these 
RVs with appurtenses. (See S. Rep. No. 107-38, at 66). Therefore the 
FHWA is proposing to amend those sections of the regulations in this 
part to exclude RVs from the requirements that a carrier obtain a 
special over-width permit for the limited time the vehicle is 
considered commercial.
    The proposed changes include: (1) An amendment of the definition of 
commercial vehicle, and (2) the clarification of the language in 
Sec. 658.15, regarding special use permits for vehicles exceeding 102 
inches in width.

Rulemaking Analyses and Notices Executive Order 12866 (Regulatory 
Planning and Review) and U.S. DOT Regulatory Policies and 
Procedures

    We have determined that this proposed action is not a significant 
regulatory action within the meaning of Executive Order 12866 or 
significant within the meaning of the U.S. Department of Transportation 
regulatory policies and procedures. It is anticipated that the economic 
impact of this rulemaking will be minimal and that there will not be 
any additional cost incurred by any affected group as a result of this 
proposal. Therefore, a 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 proposed action on 
small entities and has determined that the proposed action would not 
have a significant economic impact on a substantial number of small 
entities. The two issues discussed in this proposed rule involve the 
manner in which States are to treat various vehicles. In each instance 
what is being proposed would reduce the regulatory requirements with 
which commercial vehicle drivers must comply. For these reasons, the 
FHWA certifies that this proposed action would not have a significant 
economic impact on a substantial number of small entities.

Executive Order 13132 (Federalism)

    This proposed action has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13132, dated 
August 4, 1999. The proposal to remove RVs from the definition of 
commercial motor vehicle does not have sufficient federalism 
implications to warrant the preparation of a federalism assessment. 
This proposal would simply remove a Federal requirement and return the 
authority to enforce various requirements to the States.
    The proposal to increase the width exclusive device extension 
distance from 3 to 4 inches on the other hand, could preempt State law 
or regulation in some States. At present the agency is unable to 
determine the federalism implications of this proposal. Comments 
received on this proposal will help the agency determine the need for a 
federalism summary impact statement, if this proposal proceeds to a 
final rule. Many States simply enforce the ``Federal rule'' without 
establishing their own standard. Changing the distance from 3 to 4 
inches would

[[Page 48996]]

change what is enforced, but would not actually change State law.
    These proposals will not affect the State's ability to discharge 
traditional State government function.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program, Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.

Paperwork Reduction Act of 1995

    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 (OMB) for each collection of information they 
conduct, sponsor, or require through regulations. The FHWA has 
determined that this proposal does not contain collection of 
information requirements for the purposes of the PRA.

Unfunded Mandates Reform Act of 1995

    This proposed rule 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). This proposed rule will not result 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). What is being proposed in each of the two issues of this 
proposed rule would reduce the regulatory requirements that commercial 
vehicle operators must comply with.

Executive Order 12988 (Civil Justice Reform)

    This proposal meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    We have analyzed this proposal under Executive Order 13045, 
protection of Children from Environmental Health Risks and Safety 
Risks. This proposal is not economically significant and does not 
concern an environmental risk to health or safety that may 
disproportionately affect children.

Executive Order 12630 (Taking of Private Property)

    This proposed rule will not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

National Environmental Policy Act

    We have analyzed this proposal for the purposes of the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.) 
and have determined that this proposed action would not have any effect 
on the quality of the environment.

Executive Order 13175 (Tribal Consultation)

    The FHWA has analyzed this proposal under Executive Order 13175, 
dated November 6, 2000, and believes that the proposed action will not 
have substantial direct effects on one or more Indian tribes; will not 
impose substantial direct compliance costs in Indian tribal 
governments; and will not preempt tribal law. Therefore, a tribal 
summary impact statement is not required.

Executive Order 13211 (Energy Effects)

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that this proposal is not a 
significant energy action under that order because it is not a 
significant regulatory action under Executive Order 12866 and is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Therefore, a Statement of Energy 
Effects under Executive Order 13211 is not required.

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 section with the 
Unified Agenda.

List of Subjects in 23 CFR Part 658

    Grants Program--transportation, Highways and roads, Motor carrier--
size and weight.

    Issued on: July 23, 2002.
Mary E. Peters,
Federal Highway Administrator.

    In consideration of the foregoing, the FHWA proposes to amend 23 
CFR part 658 as follows:

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

    1. The authority citation for part 658 continues to read as 
follows:

    Authority: 23 U.S.C. 127 and 315; 49 U.S.C. 31111, 31112, and 
31114; 49 CFR 1.48(b)(19) and (c)(19).

    2. Amend Sec. 658.5 by revising the term ``commercial motor 
vehicle'' to read as follows:


Sec. 658.5  Definitions.

* * * * *
    Commercial motor vehicle. For purposes of this regulation, a motor 
vehicle designed or regularly used for carry freight, merchandise, or 
more than ten passengers, whether loaded or empty, including buses, but 
not including vehicles used for vanpools, or vehicles built and 
operated as recreational vehicles.
* * * * *
    3. Revise Sec. 658.15(c) to read as follows:


Sec. 658.15  Width.

* * * * *
    (c) Notwithstanding the provisions of this section or any other 
provision of law, the following are applicable:
    (1) A State may grant special use permits to motor vehicles, 
including manufactured housing, that exceed 102 inches in width; and
    (2) A State may allow recreational vehicles with safety and/or non-
cargo carrying appurtenances extending beyond four inches from the side 
of the vehicle to operate without a special use over-width permit.
    4. Revise Sec. 658.16(b)(2)(ii) to read as follows:


Sec. 658.16  Exclusions from length and width determinations.

* * * * *
    (b) * * *
    (2) * * *
    (ii) That do not extend more than 4 inches beyond each side or the 
rear of the vehicle or,
* * * * *
    5. Amend appendix D to part 658 by revising item number 3 to read 
as follows:

[[Page 48997]]

Appendix D to Part 658--Devices That Are Excluded From Measurement Of 
the Length or Width of a Commercial Motor Vehicle

* * * * *
    3. Devices excluded from width determination, not to exceed 4 
inches from the side of the vehicle including, but not limited to, 
the following:
    (a) through (h) * * *
    (b) Tarping systems for flatbed semitrailers or trailers 
described as follows:
    Also excluded from length and width measurement are load tarping 
systems where no component part extends farther than 4 inches from 
sides or back of the vehicle when the vehicle is in operation. This 
exclusion applies to component parts of these systems including: a 
headboard (not intended or designed to meet the front end structure 
cargo restraint requirements of 49 CFR 393.106) up to 110 inches 
wide properly centered as part of the installation process so that 
neither edge extends farther than 4 inches from the structural edge 
of the vehicle, side rails running the length of the vehicle, rear 
doors if the only function of the doors is to complete a seal of the 
cargo and anchor the sliding walls, transition pieces or ``wings'' 
between a front-end structure designed to meet the requirements of 
49 CFR 393.106 (and limited to 102-inches wide), and the movable 
portion of a tarping system as long as they are not attached to any 
other property-carrying or supporting part of the flatbed structure, 
and remain as an add-on piece as opposed to a single piece bulkhead 
structure designed to accommodate cargo restraint requirements and a 
tarping system;
     (a) through (l) * * *

[FR Doc. 02-19029 Filed 7-26-02; 8:45 am]
BILLING CODE 4910-22-P