29–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–162 

TO AMEND TITLE 23, UNITED STATES CODE, WITH RESPECT TO THE OPERATION OF VEHICLES ON CERTAIN WISCONSIN HIGHWAYS, AND FOR 

OTHER PURPOSES 

JULY 22, 2013.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. SHUSTER, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 2353] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 2353) to amend title 23, United States 

Code, with respect to the operation of vehicles on certain Wisconsin 

highways, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that 

the bill do pass. 

CONTENTS 

Page 

Purpose of Legislation ............................................................................................. 2 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 2 

Legislative History and Consideration .................................................................. 2 

Committee Votes ...................................................................................................... 2 

Committee Oversight Findings ............................................................................... 2 

New Budget Authority and Tax Expenditures ...................................................... 3 

Congressional Budget Office Cost Estimate .......................................................... 3 

Performance Goals and Objectives ......................................................................... 4 

Advisory of Earmarks .............................................................................................. 4 

Duplication of Federal Programs ............................................................................ 4 

Disclosure of Directed Rule Makings ..................................................................... 4 

Federal Mandate Statement ................................................................................... 4 

Preemption Clarification ......................................................................................... 4 

Advisory Committee Statement .............................................................................. 4 

Applicability of Legislative Branch ........................................................................ 5 

Section-by-Section Analysis of Legislation ............................................................ 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 5 


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PURPOSE OF LEGISLATION

H.R. 2353 amends title 23, United States Code, to grandfather 

Wisconsin commercial vehicle weight limits on Highway 41 between Green Bay and Milwaukee when the route is designated as 

part of the Interstate Highway System. 

BACKGROUND AND NEED FOR LEGISLATION

Highway 41 in Wisconsin, from Green Bay to Milwaukee, is a 

131 mile corridor that is critical to economic activity and commerce 

within the state. Many businesses, including manufacturers and retail, are located along this corridor and rely on the corridor to efficiently move their goods to market. The corridor generates 29 percent of Wisconsin’s tourism revenues and over 150,000 vehicles 

travel on the corridor daily. 

In 2014, the State of Wisconsin intends to designate Highway 41 

as part of the Interstate Highway System. Once the corridor is designated, Highway 41 will be required to meet federal commercial 

vehicle size and weight limits. Section 127 of title 23, United States 

Code, limits commercial vehicle weights on the Interstate Highway 

System to 80,000 pounds gross vehicle weight, 20,000 pounds on a 

single axle, and 34,000 on a tandem axle. 

H.R. 2353 would grandfather current state commercial vehicle 

weights limits after Highway 41 is designated as an Interstate. 

Current Wisconsin state law allows certain commodities, such as 

forest products, agriculture, and scrap metal, to be transported on 

commercial vehicles that are over Interstate weight limits. H.R. 

2353 allows trucks hauling those commodities to operate as they 

did before Highway 41 was designated as an Interstate. 

HEARINGS

No hearings were held on H.R. 2353. 

LEGISLATIVE HISTORY AND CONSIDERATION

On June 13, 2013, Representative Tom Petri (for himself and 

Representative Reid Ribble) introduced H.R. 2353. On July 18, 

2013, the Committee on Transportation and Infrastructure met in 

open session and ordered the bill reported favorably to the House 

by voice vote with a quorum present. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires each committee report to include the total number of 

votes cast for and against on each record vote on a motion to report 

and on any amendment offered to the measure or matter, and the 

names of those members voting for and against. There were no 

record votes taken in connection with consideration of H.R. 2353. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 


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NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

With respect to the requirement of clause 3(c)(3) of rule XIII of 

the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

enclosed cost estimate for H.R. 2353 from the Director of the Congressional Budget Office: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, July 22, 2013. 

Hon. BILL SHUSTER, Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2353, a bill to amend title 

23, United States Code, with respect to the operation of vehicles on 

certain Wisconsin highways, and for other purposes. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Sarah Puro. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 2353—A bill to amend title 23, United States Code, with respect to the operation of vehicles on certain Wisconsin highways, and for other purposes 

Under current law, there are weight restrictions on the vehicles 

that use the Interstate Highway System based on the number of 

axles on the vehicle. (The Interstate System is a subset of the National Highway System.) H.R. 2353 would allow vehicles over the 

restricted weight to continue to operate on United States Route 41 

in the state of Wisconsin if that route were to be designated as a 

part of the Interstate System in the future. That route is not currently part of the National Highway System, so it is eligible for federal grants for highway construction. Including the route in the 

Interstate System in the future could affect Wisconsin’s allocation 

of federal funds. 

CBO estimates that enacting the legislation would have no impact on the federal budget because it would not affect the magnitude or the timing of any future grants from the Department of 

Transportation to the state of Wisconsin. Enacting H.R. 2353 would 

not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

H.R. 2353 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 


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The CBO staff contact for this estimate is Sarah Puro. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

PERFORMANCE GOALS AND OBJECTIVES

With respect to the requirement of clause 3(c)(4) of rule XIII of 

the Rules of the House of Representatives, the performance goal 

and objective of this legislation is to grandfather current weight 

limits on Highway 41 in Wisconsin after the corridor has been designated as an Interstate. 

ADVISORY OF EARMARKS

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, the Committee is required to include a list of congressional earmarks, limited tax benefits, or limited tariff benefits 

as defined in clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 

the House of Representatives. No provision in the bill includes an 

earmark, limited tax benefit, or limited tariff benefit under clause 

9(e), 9(f), or 9(g) of rule XXI. 

DUPLICATION OF FEDERAL PROGRAMS

Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013), the 

Committee finds that no provision of H.R. 2353 establishes or reauthorizes a program of the federal government known to be duplicative of another federal program, a program that was included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139, or a program related 

to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013), the 

Committee estimates that enacting H.R. 2353 does not specifically 

direct the completion of any specific rule makings within the meaning of section 551 of title 5, United States Code. 

FEDERAL MANDATE STATEMENT

The Committee adopts as its own the estimate of federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 2353 does not preempt any state, local, or tribal law. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 


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APPLICABILITY OF LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Section 1. Operation of vehicles on certain Wisconsin highways 

H.R. 2353 amends section 127 of title 23, Unites States Code, to 

allow vehicles that are permitted to operate on Highway 41 in Wisconsin to continue to operate on the same corridor after the corridor has been designated as an Interstate. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 23, UNITED STATES CODE 

* * * * * * * 

CHAPTER 1—FEDERAL-AID HIGHWAYS 

* * * * * * * 

§ 127. Vehicle weight limitations—Interstate System 

(a) * * * 

* * * * * * * 

(j) OPERATION OF VEHICLES ON CERTAIN WISCONSIN HIGHWAYS.— 

If any segment of the United States Route 41 corridor, as described 

in section 1105(c)(57) of the Intermodal Surface Transportation Efficiency Act of 1991, is designated as a route on the Interstate System, 

a vehicle that could operate legally on that segment before the date 

of such designation may continue to operate on that segment, without regard to any requirement under subsection (a). 

* * * * * * * 

Æ 


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