97-5426. Truck Size and Weight; Technical Corrections  

  • [Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
    [Rules and Regulations]
    [Pages 10178-10183]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-5426]
    
    
    
    [[Page 10177]]
    
    _______________________________________________________________________
    
    Part VI
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Federal Highway Administration
    
    
    
    _______________________________________________________________________
    
    
    
    23 CFR Parts 657 and 658
    
    
    
    Truck Size and Weight; Technical Corrections; Final Rule
    
    Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules 
    and Regulations
    
    [[Page 10178]]
    
    
    
    DEPARTMENT OF TRANSPORTATION
    
    Federal Highway Administration
    
    23 CFR Parts 657 and 658
    
    RIN 2125-AE08
    
    
    Truck Size and Weight; Technical Corrections
    
    AGENCY: Federal Highway Administration (FHWA), DOT.
    
    ACTION: Final rule; technical corrections.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This document amends the rule on truck size and weight in Part 
    658 to extend the Interstate System axle weight exemption for 
    intrastate public agency transit buses; reduce the maximum length limit 
    on trailers in triple trailer combinations in Alaska from 45 to 28.5 
    feet and change the beginning date when they may operate from April 15 
    to May 1 of each year; correct the maximum weight of LCV's that may 
    operate on I-15 in Arizona to 129,000 pounds; amend appendix C to show 
    that longer and heavier vehicles allowed in Nebraska and South Dakota 
    may operate into Sioux City, Iowa and its commercial zone; correct the 
    listing of a vehicle combination in Oregon from a longer combination 
    vehicle (LCV) to a commercial motor vehicle combination subject to the 
    ISTEA freeze on the length of its cargo carrying units; correct the 
    maximum weight for LCV's in Michigan to 164,000 pounds; add a listing 
    in Nebraska for a truck tractor and two trailing unit combination to 
    operate at a length of 71.5 feet; correct the maximum cargo carrying 
    length for a truck tractor and two trailing units in Missouri from 109 
    to 110 feet; exclude I-39 in Wisconsin and exclude I-99 in Pennsylvania 
    from the Interstate System weight limits; and add regulations for 
    transporters of vehicles used in motorsport competition events. Four 
    additional technical corrections clarify the overhang regulations for 
    automobile transporters, clarify what citations or civil assessments 
    must be reported by the States in their annual certifications; and 
    update statutory references in 23 CFR 657 and 658 to reflect 23 U.S.C. 
    127(d) and 9 U.S.C. 31111-31114, as appropriate.
    
    EFFECTIVE DATE: March 5, 1997.
    
    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
    
    Transit Vehicles
    
        Section 341 of the Department of Transportation and Related 
    Agencies Appropriations Act of 1993 (Pub. L. 102-388, 106 Stat. 1520, 
    at 1552, October 6, 1992) added subsection (h) to section 1023 of the 
    Intermodal Surface Transportation Efficiency Act of 1992 (ISTEA) 
    (uncodified, see 23 U.S.C. 127 note). Under subsection (h)(1), ``[t]he 
    second sentence of section 127 of title 23, United States Code, 
    relating to axle weight limitations for vehicles using the Dwight D. 
    Eisenhower System of Interstate and Defense Highways, shall not apply, 
    for the 2-year period beginning on the date of enactment of this Act, 
    to any vehicle which is regularly and exclusively used as an intrastate 
    public agency transit passenger bus. The Secretary may extend such 2-
    year period for an additional year.'' The FHWA extended the exemption 
    to October 6, 1995 (59 FR 60242, November 22, 1994).
        Section 326 of the National Highway System Designation Act of 1995 
    (NHS Act), Pub. L. 104-59, 109 Stat. 568, 592, November 29, 1995, 
    amended section 1023(h)(1) of the ISTEA to provide that Federal axle 
    weight limitations ``shall not apply, for the period beginning on 
    October 6, 1992, and ending on the date on which Federal-aid highway 
    and transit programs are reauthorized after the date of the enactment 
    of the National Highway System Designation Act of 1995 (November 28, 
    1995).'' The current transit programs are authorized through the end of 
    Fiscal Year 1997 (September 30, 1997). It is expected that these 
    programs will be reauthorized on or about that date.
        The new exemption, like the old, does not mean that transit buses 
    are exempt from axle weight limits when operating on the Interstate 
    System. It simply means that the FHWA may not impose financial 
    sanctions on States that allow transit buses with axle weights in 
    excess of the Federal limits to operate on the Interstate System.
        Section 658.17(k) of 23 CFR will be amended to remove the October 
    6, 1995, expiration date for the exemption and reflect the statutory 
    expiration date.
    
    ISTEA Freeze
    
        In its Fiscal Year 1995 certification, Alaska advised that the 
    maximum length of each trailing unit in a triple trailer combination 
    has been reduced from 45 to 28.5 feet. It also advised that the 
    beginning date when triple trailer combinations may operate has been 
    changed from April 15 to May 1 of each year. Appendix C to 23 CFR part 
    658 will be amended accordingly.
        The weight limits shown in appendix C to 23 CFR part 658 for travel 
    on I-15 in Arizona are 111,000 pounds for twin trailer combinations and 
    123,500 pounds for triple trailer combinations. However, the State has 
    furnished information showing that on or before June 1, 1991, it 
    authorized twin and triple trailer combinations weighing up to 129,000 
    pounds, the same as in Nevada and Utah, to operate on I-15 and that 
    they did operate on I-15 on or before that date. The incorrect listing 
    was caused by transcription errors compounded by miscommunication. 
    Appendix C is being amended accordingly.
        As shown in appendix C, Iowa did not allow longer combination 
    vehicles (LCVs) to operate on its Interstate highways on or before June 
    1, 1991. LCVs are defined as combinations consisting of truck tractors 
    with two or more semitrailers or trailers that operate on the 
    Interstate System at weights in excess of 80,000 pounds. In addition, 
    the State did not allow commercial motor vehicles with two or more 
    cargo carrying units which exceeded the minimum lengths authorized by 
    the Surface Transportation Assistance Act of 1982 (STAA) to operate on 
    the NN on or before June 1, 1991. However, both types of vehicles 
    operated in Nebraska and South Dakota. Consequently, these heavier and 
    longer vehicles could not operate across their respective borders into 
    Sioux City, Iowa. The Congress enacted an exception to the ISTEA freeze 
    in section 312 of the NHS Act by providing that the heavier and longer 
    vehicles authorized in Nebraska and South Dakota could travel across 
    their respective borders into Sioux City, Iowa.
        More specifically, Section 312(a) of the NHS Act amended 23 U.S.C. 
    127(a) to allow vehicles with a gross weight of more than 80,000 pounds 
    to operate on I-29 and I-129 in Sioux City; amended 23 U.S.C. 127(d)(1) 
    to permit Iowa to allow longer combination vehicles (LCV's) that were 
    not in operation in that State on June 1, 1991, to operate on I-29 
    between the South Dakota border and Sioux City and on I-129 between the 
    Nebraska border and Sioux City; and amended 49 U.S.C. 31112(c) to 
    permit Iowa to allow (1) combinations with two or more cargo carrying 
    units of the length allowed by South Dakota on June 1, 1991, on I-29 
    between the South Dakota border and Sioux City, and (2) combinations 
    with two or more cargo carrying units of the length allowed by Nebraska 
    on June 1, 1991, on I-129 between the Nebraska border and Sioux City. 
    This provision is permissive and
    
    [[Page 10179]]
    
    not mandatory. However, Mr. Darrel Rensink, Director of the Iowa 
    Department of Transportation, in a letter dated February 12, 1996, 
    advised that the State was adopting legislation to implement the 
    congressional authorization. The legislation, Iowa House Bill 2066, 
    (76th General Assembly, 2d Sess. (1996))with an immediate effective 
    date, was signed by the Governor on March 1, 1996. (Iowa Code 
    Sec. 321.457(2)(f) (1995)).
        In subsequent correspondence, Sioux City officials advised that 
    their intent in seeking Federal legislation was to enable these 
    vehicles to operate not only in Sioux City proper, but also 
    ``Siouxland'', the commercial zone listed in 49 CFR 1048.101. Although 
    the Sioux City commercial zone is not mentioned in Sec. 312(a), Iowa 
    Code Annotated Sec. 321.457.2.g (1985) authorized vehicles of legal 
    length and weight in adjoining States to operate in the commercial zone 
    of Iowa border cities. The inclusion of this statute in the Iowa code 
    for more than 20 years strongly suggests that the supporters and 
    sponsors of this Federal exception intended it to have the same 
    geographical reach. Under the circumstances, we believe it is 
    reasonable to allow the larger and heavier vehicles from Nebraska and 
    South Dakota to operate on Interstate and NN routes not only in Sioux 
    City but also in its commercial zone, as that zone existed on the date 
    of enactment of the NHS Designation Act (November 28, 1995). Further 
    expansion of the area covered by the exception will not be allowed even 
    if the Sioux City commercial zone later expands as a result of 
    population increase or expansion of the corporate limits of Sioux City. 
    Appendix C will be amended accordingly.
        Appendix C lists a truck-trailer--LCV combination authorized to 
    operate in Oregon. Information received from the State dated January 
    31, 1992, and November 2, 1994, shows that the vehicle in actual and 
    lawful operation in the State before June 2, 1991, was a truck-trailer 
    combination operating at a maximum overall length of 75 feet. However, 
    a truck-trailer combination cannot be an LCV, since the latter is 
    defined as a combination of a truck tractor and two or more trailers. 
    Appendix C will be corrected to delete the LCV listing and show the 
    maximum cargo carrying unit length for this truck-trailer combination 
    as 70 feet, 5 inches.
        The maximum weight in Michigan for a truck tractor and 2 trailing 
    units shown in appendix C of 23 CFR part 658 was corrected from 154,000 
    to 164,000 pounds in the Federal Register of March 22, 1995 (60 FR 
    15212) for the reasons given. However, the correction was inadvertently 
    not made in the ``STATE'' section and is being done at this time.
        The listing for Nebraska in appendix C is being corrected based on 
    material previously submitted to the FHWA by the State as described in 
    a March 20, 1992 (57 FR 9900) notice of proposed rulemaking. The State 
    may issue permits for a truck tractor and 2 trailing unit combination 
    to exceed 65 feet in length by 10 percent (up to 71.5 feet) when 
    carrying seasonally harvested products from the field where they are 
    harvested to storage, market, or stockpile in the field or from 
    stockpile to market or factory when failure to move such product or 
    products in abundant quantities would cause an economic loss to the 
    person or persons whose product or products are being transported or 
    when failure to move such product or products in as large quantities as 
    possible would not be in the best interests of the national defense or 
    general welfare. Permits are valid for 30 days and are renewable four 
    times per year. Such a combination may not travel on the Interstate 
    System and is limited to a maximum of 70 miles per permitted trip 
    between origin and destination.
        Appendix C provides that vehicles from Kansas, Nebraska, and 
    Oklahoma that do not exceed the ISTEA length freeze may travel up to 20 
    miles into Missouri. The maximum cargo carrying length for a truck 
    tractor and 2 trailing units listed for Missouri is 109 feet, the same 
    as in Kansas, rather than 110 feet as in Oklahoma. The maximum cargo 
    carrying length for Missouri will be corrected to 110 feet.
    
    Additions to Interstate System
    
        Section 312(b) of the NHS Act provided that if the 104-mile portion 
    of Wisconsin State Route 78 and U.S. Route 51 between I-90/94 near 
    Portage, Wisconsin, and Wisconsin State Route 29 south of Wausau was 
    designated as part of the Interstate System, the Interstate weight 
    limits would not apply with respect to the operation of any vehicle 
    that could legally operate on this 104 mile segment before November 28, 
    1995. The route was designated as I-39 on January 11, 1996, and, 
    therefore, 23 CFR 658.17 is amended to reflect that State weight limits 
    in effect before November 28, 1995, will continue to apply for vehicles 
    that could legally operate on it at that time.
        Section 404 of the ICC Termination Act of 1995 (ICCTA), Pub. L. 
    104-88, 109 Stat. 803, 956, December 29, 1995, amended 23 U.S.C. 127 by 
    adding new subsection (g) which provided that if the segment of U.S. 
    Route 220 between Bedford and Bald Eagle, Pennsylvania, was designated 
    as part of the Interstate System, the single axle weight, tandem axle 
    weight, gross vehicle weight, and the bridge formula limits would be 
    those that applied to any vehicle which could have operated on it 
    before December 29, 1995. The route from the I-70/76 Pennsylvania 
    Turnpike Exit 11 connection interchange near Bedford northerly to the 
    U.S. 220/PA 350 interchange near Bald Eagle was designated as I-99 on 
    January 26, 1996. Therefore, 23 CFR 658.17 is amended to reflect that 
    State weight limits in effect before December 29, 1995, will continue 
    to apply for vehicles that could legally operate on what is now I-99.
    
    Motorsports Trailers
    
        Section 104(b) of the ICCTA amended 49 U.S.C. 31111(b)(1), part of 
    the Surface Transportation Assistance Act of 1982 (STAA), by adding a 
    new paragraph (E) which, in context, provides as follows:
    
        (b) GENERAL LIMITATIONS.--(1) Except as provided in this 
    section, a State may not prescribe or enforce a regulation of 
    commerce that * * *.
        (E) imposes a limitation of less than 46 feet on the distance 
    from the kingpin to the center of the rear axle on trailers used 
    exclusively or primarily in connection with motorsports competition 
    events.
    
        Although the statute uses the word ``trailers,'' the issue of 
    kingpin settings arises almost exclusively in connection with 
    semitrailers. The FHWA does not believe the word ``trailers'' was used 
    as a term of art to mean a freight vehicle where no part of its weight, 
    except the hitch, rests on the towing unit but was intended to include 
    and primarily refer to semitrailers, where the front of the towed unit 
    rests upon the self-propelled towing unit.
        The STAA requires all States to allow truck tractors to operate in 
    combination with 48-foot or grandfathered length semitrailers on the 
    National Network and reasonable access routes. In the States of 
    California, Indiana, and Wisconsin, where 53 feet is the grandfathered 
    semitrailer length, subject to minimum kingpin distances of 38 feet, 
    40.5 feet, and 41 feet, respectively, these kingpin distances have been 
    superseded for vehicles subject to 23 CFR 658.13(h). The grandfathered 
    lengths remain 53 feet but the minimum kingpin settings have been 
    amended to reflect the minimum 46-foot distance required for the 
    vehicles described in paragraph (h). A minimum kingpin setting of 46 
    feet also applies to motorsports semitrailers to which States might 
    later attempt to apply a kingpin
    
    [[Page 10180]]
    
    rule. The 46-foot minimum applies whether the length of such 
    semitrailers is grandfathered under appendix B to part 658 or governed 
    solely by State law.
        The statute prohibits States from setting kingpin distances of less 
    than 46 feet for trailers used exclusively or ``primarily'' in 
    connection with motorsports competition events. This would include such 
    trailers when transporting competition vehicles to or from off-track 
    repair shops, storage facilities between races, or similar facilities.
        A question may arise as to whether a vehicle transporting 
    competition vehicles may be considered an automobile transporter 
    subject to a 65-foot minimum overall length limit (75-foot if stinger 
    steered). Although the statute does not specifically address this 
    issue, kingpin settings are seldom at issue in automobile transporters 
    since States may not require settings that would prevent them from 
    realizing the minimum overall lengths. Furthermore, automobile 
    transporters are defined as vehicle combinations ``designed and used 
    specifically for the transport of assembled highway vehicles,'' while 
    the title of section 104(b) makes it clear that these trailers are 
    designed to carry ``off-road, competition vehicles.'' In addition, the 
    trailers that are used to haul competition vehicles usually include 
    other facilities, such as workshops or lounges. This fact would 
    disqualify them from being considered automobile transporters.
    
    Technical Amendments
    
        A sentence in 23 CFR 658.13(e)(1)(ii) reads, ``Further, no State 
    shall impose a front overhang limitation of less than three (3) feet 
    nor a rearmost overhand limitation of less than four (4) feet.'' The 
    word ``overhand'' is an obvious error and will be changed to 
    ``overhang.''
        Regulations in 23 CFR 657.15(f)(3)(ii) read as follows:
    
        Penalties reported shall include citations issued, civil 
    assessments, and incidences of load shifting or off-loading of 
    excess weight categorized as follows: violations of axle and/or 
    gross vehicle weights, or violations resulting from application of 
    the bridge formula.
    
        One State has interpreted this to mean that it may choose between 
    reporting only axle and gross weight violations or only bridge formula 
    violations. The purpose of the regulation is to require States to 
    provide information used in evaluating the adequacy of their 
    enforcement efforts, as explained in the preamble to the final rule 
    published on August 7, 1980 (45 FR 52365):
    
        The certification shall include citations for gross and axle 
    weights and also now must include, by specific reference, violations 
    of the bridge formula, which is the central element in ensuring 
    compliance with 23 U.S.C. 127. * * * It is essential that the bridge 
    formula be enforced and it is not possible to evaluate State efforts 
    in this respect without a specific reporting of activity. (45 FR 
    52368).
    
        The regulation will be clarified accordingly.
        Statutory references in 23 CFR 657.15 (b) and (c)(2), and 23 CFR 
    658.23 (c) and (e) will be updated to the current codification or 
    recodification.
    
    Regulatory 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 cause 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 parts 
    657 and 658, and appendix C to 23 CFR part 658. This document also 
    contains several interpretations and general statements of policy which 
    are not subject to notice and comment procedures under the 
    Administrative Procedure Act. For the reasons set forth here, the FHWA 
    has also 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 Executive Order 12866 or 
    significant within the meaning of U.S. Department of Transportation 
    Regulatory Policies and Procedures. The changes will reflect the 
    statutory requirements and make several technical corrections. It is 
    anticipated that the economic impact of this rulemaking will be 
    minimal. Most of the new regulations adopted here codify statutes 
    designed to preserve the status quo. The amended regulations were 
    requested by the States, are substantively insignificant even to the 
    parties affected or correct ministerial errors in previous rules; some 
    fall into more than one category. 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 current status quo. 
    Many of the changes benefit truckers by removing restrictions on their 
    operations or correcting errors that could have led them inadvertently 
    to violate Federal standards. The change with the greatest apparent 
    impact--reducing the length of the trailers allowed in a triple-trailer 
    combination in Alaska--is a ministerial amendment to codify a decision 
    made by the State under State law. For these reasons, the FHWA hereby 
    certifies that this action will 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 it does not have sufficient federalism implications to warrant the 
    preparation of a federalism assessment. The Statutes underlying this 
    rule--primarily the ISTEA, the NHS Designation Act, and the ICC 
    Termination Act--specify the Department's role. These technical 
    amendments carry out the various Congressional mandates. Nearly all of 
    the changes that affect the States were requested by the States. None 
    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 proceeding.
    
    Paperwork Reduction
    
        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 et seq.
    
    National Environmental Policy Act
    
        The FHWA 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
    
    [[Page 10181]]
    
    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
    
    23 CFR Part 657
    
        Enforcement, Enforcement plan, Highways and roads, Sanctions, and 
    Vehicle size and weight certification.
    
    23 CFR Part 658
    
        Grant programs--transportation, Highways and roads, and Motor 
    carrier size and weight.
    
        Issued on: February 5, 1997.
    Rodney E. Slater
    Federal Highway Administrator.
    
        In consideration of the foregoing, the FHWA is amending 23 CFR, 
    subchapter G, parts 657 and 658 as set forth below.
    
    PART 657--CERTIFICATION OF SIZE AND WEIGHT ENFORCEMENT
    
        1. The authority citation for 23 CFR part 657 is revised to read as 
    follows:
    
        Authority: Sec. 123, Pub. L. 95-599, 92 Stat. 2689; 23 U.S.C. 
    127, 141, and 315; 49 U.S.C. 31111-31114; sec. 1023, Pub. L. 102-
    240, 105 Stat. 1914; and 49 CFR 1.48 (b) and (c).
    
        2. In Sec. 657.15, paragraphs (b) and (c)(2) are amended removing 
    the words ``49 U.S.C. app. 2311(j)'' and adding ``49 U.S.C. 31112''.
        3. In Sec. 657.15, paragraph (f)(3)(ii) is revised to read as 
    follows:
    
    
    Sec. 657.15  Certification content.
    
    * * * * *
        (f) * * *
        (3) * * *
        (ii) Penalties. Penalties reported shall include the number of 
    citations or civil assessments issued for violations of each of the 
    following: Axle, gross and bridge formula weight limits. The number of 
    vehicles whose loads are either shifted or offloaded must also be 
    reported.
    * * * * *
    
    PART 658--TRUCK SIZE AND WEIGHT, ROUTE DESIGNATIONS--LENGTH, WIDTH, 
    AND WEIGHT LIMITATIONS
    
        4. 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 (b) and (c).
    
        5. In Sec. 658.13, paragraph (e)(1)(ii) is amended by removing the 
    word ``overhand'' and adding the word ``overhang'', and paragraph (h) 
    is added to read as follows:
    
    
    Sec. 658.13  Length.
    
    * * * * *
        (h) No State shall impose a limitation of less than 46 feet on the 
    distance from the kingpin to the center of the rear axle on trailers or 
    semitrailers used exclusively or primarily to transport vehicles in 
    connection with motorsports competition events.
        6. In Sec. 658.17, paragraph (k) is revised and new paragraphs (l) 
    and (m) are added to read as follows:
    
    
    Sec. 658.17  Weight.
    
    * * * * *
        (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 from 
    October 6, 1992, until the date on which Federal-aid highway and 
    transit programs are reauthorized after November 28, 1995.
        (l) The provisions of paragraphs (b) through (e) of this section 
    shall not apply to the operation, on the 104 mile portion of I-39 
    between I-90/94 near Portage, Wisconsin, and Wisconsin State Route 29 
    south of Wausau, Wisconsin, of any vehicle that could legally operate 
    on this highway section before November 28, 1995.
        (m) The provisions of paragraphs (b) through (e) of this section 
    shall not apply to the operation, on I-99 between Bedford and Bald 
    Eagle, Pennsylvania, of any vehicle that could legally operate on this 
    highway section before December 29, 1995.
        7. In 23 CFR 658.23, paragraphs (c) and (e) are amended by removing 
    the words ``sections 1023 and 4006 of Pub. L. 102-240'' and adding ``23 
    U.S.C. 127(d) and 49 U.S.C. 31112'' wherever they appear.
        8. Appendix B to part 658 is amended by revising footnote numbers 
    1, 2, and 3 for the States of California, Indiana, and Wisconsin, 
    respectively, to read as follows:
    
    Appendix B to Part 658--Grandfathered Semitrailer Lengths
    
    * * * * *
        \1\ Semitrailers up to 53 feet may also operate without a permit 
    by conforming to a kingpin-to-rearmost axle distance of 38 feet. 
    Semitrailers that are consistent with 23 CFR 658.13(h) may operate 
    without a permit provided the distance from the kingpin to the 
    center of the rear axle is 46 feet or less.
        \2\ Semitrailers up to 53 feet in length may operate without a 
    permit by conforming to a kingpin-to-rearmost axle distance of 40 
    feet 6 inches. Semitrailers that are consistent with 23 CFR 
    658.13(h) may operate without a permit provided the distance from 
    the kingpin to the center of the rear axle is 46 feet or less.
        \3\ Semitrailers up to 53 feet in length may operate without a 
    permit by conforming to a kingpin-to-rear axle distance of 41 feet, 
    measured to the center of the rear tandem assembly. Semitrailers 
    that are consistent with 23 CFR 658.13(h) may operate without a 
    permit provided the distance from the kingpin to the center of the 
    rear axle is 46 feet or less.
        9. Appendix C to part 658 is amended as follows:
        A. By revising the entries for the States of Arizona, Iowa, 
    Missouri, and Oregon in the table entitled ``Vehicle Combinations 
    Subject to Pub. L. 102-240''.
        B. By changing the maximum length of each trailing unit in a 
    triple trailer combination in Alaska from 45 to 28.5 feet and also 
    changing the beginning date when they may operate from April 15 to 
    May 1 of each year.
        C. By changing the maximum weight for double and triple trailer 
    combinations that may operate in Arizona on I-15 from 111,000 and 
    123,500 pounds, respectively, to 129,000 pounds.
        D. By adding the State of Iowa to the detailed State listing to 
    reflect the fact that vehicles subject to the ISTEA freeze in 
    Nebraska and South Dakota are authorized to operate on I-29 and I-29 
    from their borders into Sioux City.
        E. In the listing for the State of Michigan for the combination 
    ``Truck tractor and 2 trailing units--LCV'' by revising the weight 
    under the heading ``Maximum Allowable Gross Weight''.
        F. By adding a listing in Nebraska for a truck tractor and 2 
    trailing unit combination over 65 feet up to 71.5 feet in length 
    when carrying seasonally harvested products for a maximum of 70 
    miles per permitted trip between origin and destination.
        G. In the listing for the State of Missouri for the combination 
    ``Truck tractor and 2 trailing units--LCV'' by revising the ``Length 
    of the Cargo-Carrying Units'' from 109 to 110 feet.
        H. In the listing for the State of Oregon by removing the 
    combination ``Truck-trailer--LCV'' and by adding new text for the 
    combination ``Truck-trailer''.
    
        The amended, added, and revised portions of appendix C read as 
    follows:
    
    Appendix C to Part 658--Trucks Over 80,000 Pounds on the Interstate 
    System and Trucks Over STAA Lengths on the National Network
    
    * * * * *
    
    [[Page 10182]]
    
    
    
                                     Vehicle Combinations Subject to Pub. L. 102-240                                
    ----------------------------------------------------------------------------------------------------------------
                                           Truck tractor and 2 trailing    Truck tractor and 3 trailing             
                    State                              units                          units                 Other   
    ----------------------------------------------------------------------------------------------------------------
                                                                                                                    
    *                  *                  *                  *                  *                  *                
    Arizona.............................  95'  129K                       95'  129K                              (1)
                                                                                                                    
    *                  *                  *                  *                  *                  *                
                                                            *                                                       
    Iowa................................  100'  129K                      100'  129K                             78'
                                                                                                                    
    *                  *                  *                  *                  *                  *                
                                                            *                                                       
    Missouri............................  110'  120K(4)                   109'  120K                              NO
                                                                                                                    
    *                  *                  *                  *                  *                  *                
                                                            *                                                       
    Oregon..............................  68'  105.5K                     96'  105.5K                        70' 5''
                                                                                                                    
    *                  *                  *                  *                  *                  *                
                                                            *                                                       
    ----------------------------------------------------------------------------------------------------------------
    
        (4) These dimensions do not apply to the same combinations. The 
    110-foot length is limited to vehicles entering from Oklahoma, also 
    limited to 90K gross weight. The 120K gross weight is limited to 
    vehicles entering from Kansas, also limited to a cargo carrying 
    length of 109 feet.
    * * * * *
    
    State: Alaska
    
        Combination: Truck Tractor and 3 Trailing Units.
    * * * * *
        Vehicle: Individual trailer length in a three trailing unit 
    combination shall not exceed 28.5 feet. Engine horsepower rating 
    shall not be less than 400 horsepower.
        These combinations are allowed to operate only between May 1 and 
    September 30 of each year. Weather restrictions are imposed when 
    hazardous conditions exist, as determined by the Alaska DOT&PF and 
    the Department of Public Safety, Division of State Troopers. No 
    movement is permitted if visibility is less than 1,000 feet.
    
    State: Arizona
    
        Combination: Truck Tractor and 2 Trailing Units--LCV.
    * * * * *
        Maximum Allowable Gross Weight: 129,000 pounds.
        Operational Conditions:
    * * * * *
        Weight: Single-axle maximum weight limit is 20,000 pounds, 
    tandem-axle maximum weight limit is 34,000 pounds, and the gross 
    vehicle weight limit is 129,000 pounds, subject to the Federal 
    Bridge Formula.
    * * * * *
        Access: Access is allowed for 20 miles from I-15 Exits 8 and 27 
    or 20 miles from other authorized routes.
    * * * * *
    
    State: Arizona
    
        Combination: Truck tractor and 3 trailing units--LCV.
    * * * * *
        Maximum Allowable Gross Weight: 123,000 pounds (129,000 pounds 
    on I-15).
        Operational Conditions:
    * * * * *
        Weight: Single-axle maximum weight limit is 20,000 pounds, 
    tandem-axle maximum weight limit is 34,000 pounds, and the gross 
    vehicle weight is 123,500 pounds (129,000 on I-15), subject to the 
    Federal Bridge Formula.
    
    State: Iowa
    
        Combination: Truck tractor and 2 trailing units--LCV.
        Length of the Cargo-Carrying Units: 100 feet when entering Sioux 
    City from South Dakota or South Dakota from Sioux City; 65 feet when 
    entering Sioux City from Nebraska or Nebraska from Sioux City..
        Maximum Allowable Gross Weight: 129,000 pounds when entering 
    Sioux City from South Dakota or South Dakota from Sioux City; 95,000 
    pounds when entering Sioux City from Nebraska or Nebraska from Sioux 
    City.
        Operational Conditions:
        Iowa allows vehicles from South Dakota and Nebraska access to 
    terminals which are located within the corporate limits of Sioux 
    City and its commercial zone as shown in 49 CFR 1048.101 on November 
    28, 1995. These vehicles must be legal in the State from which they 
    enter Iowa.
        Weight, Driver, Vehicle, and Permit: Same conditions which apply 
    to a truck tractor and 2 trailing units legally operating in South 
    Dakota or Nebraska.
        Access: These combinations may operate on any road within the 
    corporate limits of Sioux City and its commercial zone as shown in 
    49 CFR 1048.101 on November 28, 1995, when authorized by appropriate 
    State or local authority.
        Routes: LCV combinations may operate on all Interstate System 
    routes in Sioux City and its commercial zone as shown in 49 CFR 
    1048.101 on November 28, 1995. If subject only to the ISTEA freeze 
    on length, they may operate on all NN routes in Sioux City and its 
    commercial zone, as above.
        Legal Citations: Iowa Code Sec. 321.457(2)(f) (1995).
    
    State: Iowa
    
        Combination: Truck tractor and 3 trailing units--LCV
        Length of Cargo-Carrying Units: 100 feet when entering Sioux 
    City from South Dakota or South Dakota from Sioux City.
        Maximum Allowable Gross Weight: 129,000 POUNDS when entering 
    Sioux City from South Dakota or South Dakota from Sioux City.
        Operational Conditions:
        Weight, Driver, Vehicle, and Permit: Same as the SD-TT3 
    combination.
        Access: Same as the IA-TT2 combination.
        Routes: Same as the IA-TT2 combination.
        Legal Citation: Same as the IA-TT2 combination.
    
    State: Iowa
    
        Combination: Truck-trailer
        Length of the Cargo-Carrying Units: 78 feet when entering Sioux 
    City from South Dakota or South Dakota from Sioux City; 68 feet when 
    entering Sioux City from Nebraska or Nebraska from Sioux City.
        Operational Conditions:
        Iowa allows vehicles from South Dakota and Nebraska access to 
    terminals which are located within the corporate limits of Sioux 
    City and its commercial zone, as shown in 49 CFR 1048.101 on 
    November 28, 1995. These vehicles must be legal in the State from 
    which they enter Iowa.
        Weight, Driver, Vehicle, and Permit: Same conditions which apply 
    to a truck-trailer combination legally operating in Nebraska or 
    South Dakota.
        Access: Same as the IA-TT2 combination.
        Routes: Same as IA-TT2 combination.
        Legal Citation: Same as the IA-TT2 combination.
    * * * * *
    
    State: Michigan
    
    * * * * *
        Combination: Truck tractor and 2 trailing units--LCV.
    * * * * *
        Maximum Allowable Gross Weight: 164,000 pounds.
        Operational Conditions:
        Weight: The single-axle weight limit for LCV's is 18,000 pounds 
    for axles spaced 9 feet or more apart. For axles spaced more than 
    3.5 but less than 9 feet apart, the single-axle weight limit is 
    13,000 pounds. The tandem-axle weight limit is 16,000 pounds per 
    axle for the first tandem and 13,000 pounds per axle for all other 
    tandems. Axles spaced less than 3.5 feet apart are limited to 9,000 
    pounds per axle. Maximum load per
    
    [[Page 10183]]
    
    inch width of tire is 700 pounds. Maximum gross weight is determined 
    based on axle and axle group weight limits.
        When restricted seasonal loadings are in effect, load per inch 
    width of tire and maximum axle weights are reduced as follows: Rigid 
    pavements--525 pounds per inch of tire width, 25 percent axle weight 
    reduction; Flexible pavements--450 pounds per inch of tire width, 35 
    percent axle weight reduction.
    * * * * *
    
    State: Missouri
    
        Combination: Truck tractor and 2 trailing units--LCV.
        Length of the Cargo Carrying Units: 110 feet.
    
    State: Nebraska
    
        Combination: Truck tractor and 2 trailing units--LCV
        Length of the Cargo-Carrying Units: 95 feet for combination 
    units traveling empty. 65 feet for combination units carrying cargo, 
    except those carrying seasonally harvested products from the field 
    where they are harvested to storage, market, or stockpile in the 
    field, or from stockpile to market, which may extend the length to 
    71.5 feet.
        Operational Conditions:
        Weight: Maximum weight:
        Single axle = 20,000 pounds
        Tandem axle = 34,000 pounds
        Gross = Determined by Federal Bridge Formula B, but not to 
    exceed 95,000 pounds.
    * * * * *
        Permit: A weight permit in accordance with Chapter 12 of the 
    Nebraska Department of Roads (NDOR) Rules and Regulations is 
    required for operating on the Interstate System with weight in 
    excess of 80,000 pounds.
        A length permit, in accordance with Chapters 8 or 11 of the NDOR 
    Rules and Regulations, is required for two trailing unit 
    combinations with a length of cargo-carrying units over 65 feet. 
    Except for permits issued to carriers hauling seasonally harvested 
    products in combinations with a cargo-carrying length greater than 
    65 feet but not more than 71.5 feet which may move as necessary to 
    accommodate crop movement requirements, holders of length permits 
    are subject to the following conditions.
        Movement is prohibited on Saturdays, Sundays, and holidays; when 
    ground wind speed exceeds 25 miles per hour; when visibility is less 
    than 800 feet; or when steady rain, snow, sleet, ice, or other 
    conditions cause slippery pavement. Beginning November 15 until 
    April 16 permission to move must be obtained from the NDOR Permit 
    Office within 3 hours of movement. Beginning April 16 until November 
    15 permission to move must be obtained within 3 days of the 
    movement.
        Fees are charged for all permits. Length permits for 
    combinations carrying seasonally harvested products are valid for 30 
    days and are renewable but may not authorize operation for more than 
    120 days per year.
        All permits are subject to revocation if the terms are violated.
        Access: Access to NN routes is not restricted for two trailing 
    unit combinations with a cargo-carrying length of 65 feet or less, 
    or 71.5 feet or less if involved in carrying seasonally harvested 
    products. For two trailing unit combinations with a cargo-carrying 
    length greater than 65 feet and not involved in carrying seasonally 
    harvested products, access to and from I-80 is limited to designated 
    staging areas within six miles of the route between the Wyoming 
    State Line and Exit 440 (Nebraska Highway 50); and except for 
    weather, emergency, and repair, cannot reenter I-80 after exiting.
        Routes: Except for length permits issued to carriers hauling 
    seasonally harvested products in combinations with a cargo-carrying 
    length greater than 65 feet but not more than 71.5 feet which may 
    use all non-Interstate NN routes, vehicles requiring length permits 
    are restricted to Interstate 80 between the Wyoming State Line and 
    Exit 440 (Nebraska Highway 50). Combinations not requiring length 
    permits may use all NN routes.
    * * * * *
    
    State: Nebraska
    
        Combination: Truck tractor and 3 trailing units.
    * * * * *
        Operational Conditions:
    * * * * *
        Driver: Same as the NE-TT2 combination.
        Permit: A length permit, in accordance with Chapter 11 of the 
    NDOR Rules and Regulations is required for a three trailing unit 
    combination. Conditions of the length permit prohibit movements on 
    Saturdays, Sundays, and holidays; when ground wind speed exceeds 25 
    miles per hour; and when visibility is less than 800 feet. Movement 
    is also prohibited during steady rain, snow, sleet, ice, or other 
    conditions causing slippery pavement. Beginning November 15 until 
    April 16 permission to move must be obtained from the NDOR Permit 
    Office within 3 hours of movement. Beginning April 16 until November 
    15 permission to move must be obtained within 3 days of the 
    movement. A fee is charged for the annual length permit. These 
    permits can be revoked if the terms are violated.
        Access: Access to and from I-80 is limited to designated staging 
    areas within 6 miles of the route between Wyoming State Line and 
    Exit 440 (Nebraska Route 50). Except for weather, emergency, and 
    repair, three trailing unit combinations cannot reenter the 
    Interstate after having exited.
    * * * * *
    
    State: Oregon
    
        Combination: Truck-trailer.
        Length of Cargo-Carrying Units: 70 feet, 5 inches.
        Weight: This combination must operate in compliance with State 
    laws and regulations. Because it is not an LCV, it is not subject to 
    the ISTEA freeze as it applies to maximum weight.
        Driver, Access, Routes, and Legal Citations: Same as OR-TT2 
    combination.
        Vehicle: The truck or trailer may be up to 40 feet long not to 
    exceed 75 feet overall. The truck may have a built-in hoist to load 
    cargo. Any towed vehicle in a combination must be equipped with 
    safety chains or cables to prevent the towbar from dropping to the 
    ground in the event the coupling fails. The chains or cables must 
    have sufficient strength to control the towed vehicle in the event 
    the coupling device fails and must be attached with no more slack 
    than necessary to permit proper turning. However, this requirement 
    does not apply to a fifth-wheel coupling if the upper and lower 
    halves of the fifth wheel must be manually released before they can 
    be separated.
        Permit: No overlength permit required.
    * * * * *
    [FR Doc. 97-5426 Filed 3-4-97; 8:45 am]
    BILLING CODE 4910-22-P
    
    
    

Document Information

Effective Date:
3/5/1997
Published:
03/05/1997
Department:
Federal Highway Administration
Entry Type:
Rule
Action:
Final rule; technical corrections.
Document Number:
97-5426
Dates:
March 5, 1997.
Pages:
10178-10183 (6 pages)
RINs:
2125-AE08: Truck Size and Weight; Technical Corrections
RIN Links:
https://www.federalregister.gov/regulations/2125-AE08/truck-size-and-weight-technical-corrections
PDF File:
97-5426.pdf
CFR: (3)
23 CFR 657.15
23 CFR 658.13
23 CFR 658.17