[Federal Register Volume 69, Number 49 (Friday, March 12, 2004)]
[Rules and Regulations]
[Pages 11994-11996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5634]



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Part IV





Department of Transportation





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Federal Highway Administration



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23 CFR Part 658



Commerical Vehicle Width Exclusive Devices; Final Rule and Proposed 
Rule

  Federal Register / Vol. 69, No. 49 / Friday, March 12, 2004 / Rules 
and Regulations  

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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: Final rule.

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SUMMARY: The FHWA amends its regulation on truck size and weight by 
removing Recreational Vehicles (RVs) from consideration as commercial 
motor vehicles (CMVs) and grants States additional flexibility to deal 
with certain appurtenances extending from the side of the RVs. These 
changes allow the States the discretion to regulate the width of RVs 
and allows RVs to be exempt from any special use over-width permit 
requirements.

EFFECTIVE DATE: April 12, 2004.

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

    Internet users may access all comments received by the U.S.DOT 
Docket Facility, 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 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.archives.gov and the Government Printing 
Office's Web page at: http://www.access.gpo.gov/nara.

Background

    The FHWA published a notice of proposed rulemaking (NPRM) on July 
29, 2002 (67 FR 48994), that proposed two separate issues. First, a 
proposal was made to remove RVs from their treatment as CMVs when en 
route from manufacturer to sales location, allowing the States to use 
their discretion to regulate the width. Second, a proposal was made to 
increase by one inch the distance that non-cargo carrying, width 
exclusive devices could project from the side of a CMV.

Increase of Width

    The FHWA has determined that it is appropriate to issue a 
supplemental Notice of Proposed Rulemaking (SNPRM) to solicit further 
public input about the possible effects on highway safety and traffic 
that may result from the 1-inch increase. There were concerns raised by 
several respondents to the July 29, 2002, NPRM concerning the proposed 
1-inch increase in the allowed width distance exclusion of non-cargo 
carrying devices. This SNPRM appears elsewhere in today's Federal 
Register and solicits crash statistics, safety studies, and any other 
information related to the possible effects of such an increase.

Remove RVs From CMV Definition and Clarification of Special Use Permits 
in Section 658.15

    The current definition of a CMV at 23 CFR 658.5 is as follows: 
``Commercial motor vehicle. For purposes of this regulation, a motor 
vehicle designed or regularly used to carry freight, merchandise, or 
more than ten passengers, whether loaded or empty, including buses, but 
not including vehicles used for vanpools.'' Under this definition when 
RVs are being moved to the point of customer delivery, as from a 
manufacturing location to a dealer, or between a dealer and a 
tradeshow, these vehicles are considered CMVs (the vehicle itself is 
the merchandise being transported).
    The RV manufacturers are currently building awnings into the 
structure of the RVs to provide additional stability and strength. 
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, 
if the RV has an appurtenance extending beyond 3 inches on each side of 
the vehicle, the motor carrier would be required to obtain an over-
width special permit from the State for an RV moving as a CMV. The 
special permit would authorize their CMVs to operate in excess of the 
maximum width limit of 102 inches. However, once a customer takes 
possession of the RV for the purpose of private or personal use, it is 
no longer considered a CMV and is not subject to the Federal 
requirement that States issue over-width permits.
    The language proposed in this final rule differs slightly from the 
language proposed in the NPRM. Since we are issuing an SNPRM for the 
proposed 1-inch increase in the allowed width distance of non-property 
carrying devices, this final rules authorizes States to allow RVs with 
appurtenances extending beyond 3 inches, rather than 4 inches, to 
operate without a special use over-width permit. In the SNPRM, we 
propose changing the distance from 3 inches to 4 inches for consistency 
with the other proposed changes.
    In recent years, many States have enacted legislation specifically 
exempting roll-up awnings from any width requirements for personal use 
vehicles. The FHWA, like many of the commenters, believes that, for the 
short time and distance (relative to its use over the lifetime of the 
vehicle) an RV is now considered a CMV, the RV should be exempted from 
any special use over-width permit requirements.
    Therefore, this final rule removes RVs from the definition of a 
commercial motor vehicle, and clarifies the language in Sec.  658.15, 
regarding special use permits for RVs with safety and/or non-cargo 
carrying appurtenances extending beyond 3 inches from the side of the 
vehicle to operate without a special use over-width permit.

Discussion of Comments

    We received eight sets of comments to the docket. Of the eight 
commenters, two were from State transportation departments (Illinois 
Department of Transportation, and Iowa Department of Transportation); 
one from a law enforcement entity (Department of California Highway 
Patrol); one comment from the Vermont Department of Motor Vehicles; two 
comments from associations (the Truck Trailer Manufacturers Association 
(TTMA) and the Recreational Vehicle Industry Association (RVIA)); one 
comment from a safety organization (Advocates for Highway and Auto 
Safety (Advocates)); and one comment from a manufacturer (Tire Pressure 
Control International Ltd). The majority of the commenters were in 
favor of the proposed changes.
    The comments from the California Highway Patrol, the Vermont DMV, 
and the Iowa DOT favored the removal of RVs from consideration as a 
commercial motor vehicle (CMV). The reasons given included: The 
inefficient use of the State's resources and an administrative burden 
to process a commercial over-width permit for RVs; no evidence of 
safety problems as a result of an awning or appurtenance; and the 2000 
Fatal Accident Reporting System (FARS)

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data\1\ that indicated fatal vehicle accidents involving RVs were 
statistically insignificant.
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    \1\ The FARS is a database maintained by the National Highway 
Traffic Safety Administration. More information is available 
electronically at: http://www-fars.nhtsa.dot.gov.
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    The Illinois DOT opposed the proposed change concerning RVs, 
focusing on the approximately 14,000 miles of local highways in its 
State that presently have 9-foot driving lanes. Its concern was that 
trucks and RVs 9 feet 2 inches wide could legally operate on highways 9 
feet wide. However, the FHWA is removing RVs from consideration as CMVs 
while on the National Network (NN) which typically have wider lanes. 
States are still free to regulate the dimensions of vehicles on their 
own local highways.
    The FHWA contends that the time needed to deliver a new RV is 
insignificant when compared to the lifetime of the RV once privately 
owned. Additionally, it is reasonable that the manufacturers would take 
the appropriate routes and exercise appropriate caution when delivering 
expensive RVs to dealers and trade shows. RVs are designed for personal 
rather than commercial use. Private individuals do the vast majority of 
the driving once the RV is sold to a retail customer, making it 
overwhelmingly a personal vehicle for use on the National Network and 
other State and county roads.
    The RVIA fully supported the removal of RVs from consideration as 
CMVs. It viewed allowing RVs equipped with incidental appurtenances 
that do not pose a safety hazard as a warranted, positive change. It 
also noted that the proposed exclusion would eliminate an overwide 
permitting process. It believed that the proposal would:
     Have a de minimus effect as there are only a 
small number of units involved when compared to the far larger number 
of trucks and buses traveling on U.S. roads;
     Remove an administrative burden on the States 
and the industry;
     Not threaten the State highway and bridge 
infrastructure;
     Not present safety concerns; and
     Help reduce State and industry compliance costs.

The RVIA also cited (FARS) data indicating that only 101 motorhomes 
were involved in fatal accidents in 2001. The data did not specify if 
these RVs were operating as CMVs, or private vehicles at the time of 
the accident. Furthermore, the RVIA indicated that only 213,200 RVs, 
the type that could potentially exceed 102 inches wide, were 
transported in 2001. The RVIA believed the FHWA's proposal to exclude 
RVs from consideration as CMVs was warranted by sound public policy and 
the special factual circumstances listed above.
    The Advocates stated that the Congress has not mandated that RVs be 
exempted, but has only recommended agency evaluation of such an 
exemption. The Advocates further commented that the report language 
does not contemplate simply a lifting of the current restrictions on RV 
deliveries in favor of no Federal role. Rather, the Advocates asserted 
that the report language unmistakably directs the agency to allow such 
transport only with reasonable safety limitations.
    The FHWA recognizes that RVs are designed and manufactured for 
personal use and are not considered CMVs when operated in that 
capacity. The RVIA reported that in 1999, the average number of 
commercial miles driven per RV was 1,213 miles by those manufacturers 
with single plants and only 689 commercial miles for those that have 
multiple plants nationwide. In contrast, large trucks, according to 
1999 Bureau of Transportation Statistics information, logged over 
202,688 million commercial miles. As noted, in 2001, 213,200 RVs 
equipped with the widest RV appurtenance (awning) were shipped to 
dealers. The awning is located on the outside, top of the vehicle, 10 
to 12 feet above the surface of the road which reduces most safety 
concerns. Additionally, the retracted awning, which extends 6 inches 
from the side of the vehicle, still remains inside the outmost 
perimeter of the rear view mirrors. The FHWA believes that RVs do not 
pose potential safety hazard and therefore, amends its regulation on 
truck size and weight by removing RVs from consideration as CMVs.

Pressure Control Systems

    Tire Pressure Control International Ltd. Of Edmonton, Alberta, 
Canada suggested the FHWA use this rulemaking as an opportunity to add 
``Tire Pressure Control and Monitoring Devices'' to the exclusion list 
identified in ``Appendix D to Part 658--Devices That are Excluded From 
Measurement Of the Length or Width of a Commercial Motor Vehicle,''--
Item 3. The FHWA has determined that this request is beyond the scope 
of this rulemaking and may consider this issue in a future rulemaking.

Rulemaking Analyses and Notices

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

    We have determined that this final rule 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. This rulemaking removes RVs from the definition of commercial 
motor vehicle and authorizes States to allow RVs with safety and/or 
non-cargo carrying appurtenances extending beyond 3 inches from the 
side of a vehicle to operate without a special use over-width permit. 
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 final rule on small 
entities and has determined that this action will not have a 
significant economic impact on a substantial number of small entities. 
The issue discussed in this final rule involves the manner in which 
States are to treat recreational vehicles. In this instance the final 
rule would reduce the regulatory requirements with which commercial 
vehicle drivers must comply. For these reasons, the FHWA certifies that 
this final action will not have a significant economic effect on a 
substantial number of small entities.

Executive Order 13132 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132, dated August 4, 1999. 
Removing RVs from the definition of commercial motor vehicle does not 
have sufficient federalism implications to warrant the preparation of a 
federalism assessment. This final rule simply removes a Federal 
requirement and returns the authority to enforce various requirements 
to the States. This final rule does not affect the State's ability to 
discharge traditional State government functions.

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

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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 final rule does not contain collection of 
information requirements for the purposes of the PRA.

Unfunded Mandates Reform Act of 1995

    This final rule will 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 final 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). This final rule will reduce the regulatory requirements that 
commercial vehicle operators must comply with, thus reducing their 
operating cost.

Executive Order 12988 (Civil Justice Reform)

    This action 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 action under Executive Order 13045, 
protection of Children from Environmental Health Risks and Safety 
Risks. This rule 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 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

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

Executive Order 13175 (Tribal Consultation)

    The FHWA has analyzed this action under Executive Order 13175, 
dated November 6, 2000, and believes that this 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 final rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that this 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: March 8, 2004.
Mary E. Peters,
Federal Highway Administrator.

0
In consideration of the foregoing, the FHWA amends 23 CFR part 658 as 
follows:

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

0
1. The authority citation for part 658 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).

0
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 to 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.
* * * * *

0
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 3 inches from the side of 
the vehicle to operate without a special use over-width permit.
[FR Doc. 04-5634 Filed 3-11-04; 8:45 am]
BILLING CODE 4910-22-P