[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
