10178 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations

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
Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations 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 § 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 § 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 trucktrailer 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
10180 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations

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 ‘‘offroad, 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
Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations 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 § 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 § 657.15, paragraph (f)(3)(ii) is

revised to read as follows:

§ 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 § 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:

§ 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 § 658.17, paragraph (k) is revised

and new paragraphs (l) and (m) are

added to read as follows:

§ 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

* * * * * 1Semitrailers 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.

2Semitrailers 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. 3Semitrailers 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

* * * * *
10182 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations

VEHICLE COMBINATIONS SUBJECT TO PUB. L. 102–240

State Truck tractor and 2

trailing units

Truck tractor and 3

trailing 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 § 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 singleaxle 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
Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Rules and Regulations 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 cargocarrying 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 cargocarrying 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 cargocarrying length greater than 65 feet but not

more than 71.5 feet which may use all nonInterstate 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