[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Proposed Rules]
[Pages 43198-43199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19516]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 658
[Docket No. FHWA-2017-0030]
Definition of Automobile Transporter
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Request for comments.
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SUMMARY: This document requests comments on including non-cargo-
carrying tractor-high mount automobile semi-trailer combination in the
definition of automobile transporter in the FHWA's guidance.
DATES: Comments must be received on or before October 16, 2017.
ADDRESSES: To ensure that you do not duplicate your docket submissions,
please submit them by only one of the following means:
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting
comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE., W12-140, Washington, DC
20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Ave. SE., between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The telephone number is (202) 366-
9329.
Instructions: You must include the agency name and docket
number at the beginning of your comments. All comments received will be
posted without change to http://www.regulations.gov including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: For questions about the Definition of
Automobile Transporters, contact Crystal Jones, FHWA Office of Freight
Management and Operations, (202) 366-2976, or by email at
[email protected]. For legal questions, please contact William
Winne, FHWA Office of the Chief Counsel, (202) 366-1397, or by email at
[email protected]. Business hours for the FHWA are from 8:00 a.m.
to 4:30 p.m., e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
You may retrieve a copy of the notice through the Federal
eRulemaking portal at: http://www.regulations.gov. The Web site is
available 24 hours each day, every day of the 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
also be downloaded from the Office of the Federal Register's home page
at: http://www.archives.gov/federal_register and the Government
Publishing Office's Web page at: http://www.gpoaccess.gov.
Background
Federal laws and regulations pertaining to vehicles that are
classified as automobile transporters, and providing for a minimum
vehicle length and allowable overhang lengths for these configurations,
support the safe and efficient movement of autos by truck through
States and across State lines. In accordance with 49 U.S.C. 31111(a)(1)
and 23 CFR 658.5, the term ``automobile transporter'' means any vehicle
combination designed and used for the transport of assembled highway
vehicles, including truck camper units. Federal regulations classify
automobile transporters as specialized equipment and identify three
possible configurations of automobile transporters: Traditional, ``low
boys,'' and stinger steered. 23 CFR 658.13(e)(1)(i). As provided in 23
CFR 658.13(e), and in the definition of a ``Tractor or Truck Tractor''
at 23 CFR 658.5, automobile transporters may carry vehicles on the
power unit behind the cab and on an over-cab rack.
If a vehicle is classified as an automobile transporter, no State
shall impose an overall length limitation of less than 65 feet on
traditional automobile transporters, including ``low boys,'' or less
than 80 feet on stinger-steered automobile transporters. 49 U.S.C.
31111(b)(1)(G). All length provisions regarding automobile transporters
are exclusive of front and rear cargo overhang. For traditional
automobile transporters, no State shall impose a front overhang
limitation of less than 3 feet or a rear overhang limitation of less
than 4 feet. 23 CFR 658.13(e)(1)(ii). For stinger-steered automobile
transporters, no State shall impose a front overhang limitation of less
than 4 feet or a rear overhang limitation of less than 6 feet. 49
U.S.C. 31111(b)(1)(G).
Other truck tractor-semitrailer combinations (not specifically
defined as automobile transporters) are subject to the length
provisions of 23 CFR 658.13(c). Under this regulatory provision, States
determine the maximum length limits for semitrailers operating in a
truck tractor-semitrailer combination; but no State shall prohibit the
use of trailers or semitrailers of such dimensions as those that were
in actual and lawful use in such State on December 1, 1982, as set out
in appendix B to 23 CFR 658.
It is a longstanding FHWA policy position, established through
guidance, that to qualify as an automobile transporter as defined in 49
U.S.C. 31111(a)(1) and be treated as specialized equipment as described
in 23 CFR 658.13(e)(1)(i), both traditional and stinger-steered
automobile transporter combinations must be capable of carrying cargo
on the power unit/tractor. Because a truck-tractor in high-mount,
truck-tractor-semitrailer combination is not capable of carrying
vehicles on the power unit, FHWA's current policy interpretation is
that such a vehicle combination may not be considered an automobile
transporter subject to the length allowances in 23 CFR
658.13(e)(1)(ii).
In response to the recent inquiries, FHWA has considered the
definitions and length provisions that apply to automobile transporters
and language in the Surface Transportation Act of 1982 section 411(f),
which states ``a tractor and semitrailer engaged in the transportation
of automobiles may transport motor vehicles on part of the power
unit,'' and finds that it may be within the Department's current
legislative authority to interpret this language to include auto
transporter combinations that are not capable of carrying vehicles on
the power unit, such as a high-mount, truck-tractor-semitrailer
combination, without additional action from Congress.
[[Page 43199]]
Defining the high-mount combination as an automobile transporter
would trigger the use of the same length allowances that currently
apply to a traditional automobile transporter. In doing so, Federal
laws would govern the operation of this vehicle on certain roadways,
and no State would be able to impose an overall length limitation of
less than 65 feet or a front overhang limitation of less than 3 feet or
a rear overhang limitation of less than 4 feet for this vehicle
combination.
Purpose of the Request
The FHWA is requesting comments from affected stakeholders and the
public regarding interpreting the statutory and regulatory language to
include a high-mount, truck-tractor-semitrailer combination as an
automobile transporter and treating the combination as specialized
equipment. Comments are requested on the following questions related to
defining a high-mount, truck-tractor-semitrailer combination as an
automobile transporter:
How will the inclusion of a high-mount, truck-tractor-
semitrailer combination in the definition of automobile transporter
impact the flow of Interstate commerce?
Are there safety issues with a high-mount, truck-tractor-
semitrailer combination as an automobile transporter as it relates to
the operation of this vehicle configuration on the National Network?
What are implementation implications (e.g. roadside
enforcement and changes to State laws) if Federal versus State laws
would govern the operation of this vehicle configuration on the
National Network?
What State laws are currently in place regarding a
highmount, truck-tractor-semitrailer combination? Please provide legal
citations, if applicable.
Are there States that allow the high-mount, truck-tractor-
semitrailer combination to operate under the same length provisions as
a traditional automobile transporter?
Is there any other information relating to safety, vehicle
productivity, or infrastructure preservation relevant to these
questions?
Authority: 49 U.S.C. 31111 and Section 411 of the Surface
Transportation Assistance Act of 1982 (Pub. L. 97-424)
Issued on: September 7, 2017.
Brandye L. Hendrickson,
Acting Administrator .
[FR Doc. 2017-19516 Filed 9-13-17; 8:45 am]
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