[Federal Register Volume 63, Number 95 (Monday, May 18, 1998)]
[Proposed Rules]
[Pages 27228-27229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13154]



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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 658

[FHWA Docket No. 98-3467]
RIN 2125-AE36


Truck Size and Weight; National Network; North Dakota

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); request for comments.

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SUMMARY: The FHWA proposes to modify the National Network for 
commercial motor vehicles by adding a route in North Dakota. The 
National Network was established by a final rule on truck size and 
weight published on June 5, 1984, as since modified. This rulemaking 
proposes to add one segment to the National Network as requested by the 
State of North Dakota.

DATES: Comments on this docket must be received on or before July 17, 
1998.

ADDRESSES: Signed, written comments should refer to the docket number 
that appears at the top of this document and must be submitted to the 
Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW., 
Washington, DC 20590-0001. All comments received will be available for 
examination at the above address between 10 a.m. and 5 p.m., e.t., 
Monday through Friday, except Federal holidays. Those desiring 
notification of receipt of comments must include a self-addressed, 
stamped envelope or postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Klimek, Office of Motor 
Carrier Information Management and Analysis (202-366-2212), or Mr. 
Charles Medalen, Office of the Chief Counsel (202-366-1354), Federal 
Highway Administration, 400 Seventh Street, SW., Washington, DC 20590. 
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through 
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Internet users can access all comments received by the U.S. 
Dockets, Room PL-401, by using the universal resource locator (URL): 
http://dms.dot.gov. It is available 24 hours each day, 365 days each 
year. Please follow the instructions online for more information and 
help.
    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Federal Register 
Electronic Bulletin Board Service at (202)512-1661. Internet users may 
reach the Federal Register's home page at: <a href="http://www.nara.gov/nara/
fedreg">http://www.nara.gov/nara/
fedreg</a> and the Government Printing Office's database at: <a href="http://
www.access.gpo.gov/su__docs">http://
www.access.gpo.gov/su__docs</a>.

Background

    The National Network of Interstate highways and Federally-
designated routes, on which commercial vehicles with the dimensions 
authorized by the Surface Transportation Assistance Act of 1982 (STAA), 
49 U.S.C. 31111, 31113-31114, may operate, was established by a final 
rule published in the Federal Register on June 5, 1984 (49 FR 23302), 
as subsequently modified. These highways are located in each State, the 
District of Columbia, and Puerto Rico. Routes on the National Network 
are listed in appendix A of 23 CFR Part 658.
    Procedures for the addition and deletion of routes are outlined in 
23 CFR 658.11 and include the issuance of a notice of proposed 
rulemaking (NPRM) before final rulemaking.
    The State of North Dakota, under authority of the Governor, 
requests the addition of one segment to the National Network. The 
segment has been reviewed by State and FHWA offices for general 
adherence to the criteria of 23 CFR 658.9 and found to provide for the 
safe operation of larger commercial vehicles and for the needs of 
interstate commerce.
    The segment requested is generally described as ND Highway 32 from 
the west junction of ND Highway 13 north to Interstate 94, a distance 
of approximately 56 miles.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

    The FHWA has determined that this action does not constitute a 
significant regulatory action within the meaning of E.O. 12866, nor is 
it considered significant under the regulatory policies and procedures 
of the DOT. It is anticipated that the economic impact of this 
rulemaking will be minimal. This rulemaking proposes technical 
amendments to 23 CFR 658, adding a certain highway segment in 
accordance with statutory provisions. This segment represents a very 
small portion of the National Network and has a negligible impact on 
the prior system. Therefore, a full regulatory evaluation is not 
required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this proposal on small 
entities. This rulemaking proposes a technical amendment to 23 CFR 658, 
adding a certain highway segment in accordance with statutory 
provisions. This segment represents a very small portion of the 
National Network and has a negligible impact on the prior system. This 
rulemaking would, however, allow motor carriers, including small 
carriers, access to a highway segment not available to them at the 
present time.
    Based on its evaluation of this proposal, the FHWA certifies that 
this action would not have a significant economic impact on a 
substantial number of small entities.

Unfunded Mandates Reform Act

    This rule does not impose unfunded mandates as defined by the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rulemaking 
relates to the Federal-aid Highway Program which is a financial 
assistance program in which State, local, or tribal governments have 
authority to adjust their program in accordance with changes made in 
the program by the Federal government, and thus is excluded from the 
definition of Federal mandate under the Unfunded Mandates Reform Act of 
1995.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rule does not have sufficient federalism implications 
to warrant the preparation of a Federalism Assessment.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217, Motor 
Carrier Safety. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal Programs and 
activities do not apply to this program.

Paperwork Reduction Act

    The proposal in this document does not contain information 
collection requirements for the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501 et seq.

National Environmental Policy Act

    The agency has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 (42

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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 October of each year. The RIN contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects in 23 CFR Part 658

    Grants programs--transportation, Highways and roads, Motor 
carrier--size and weight.

    Issued on: May 8, 1998
Gloria J. Jeff,
Deputy Administrator, Federal Highway Administration.

    In consideration of the foregoing, the FHWA proposes to amend title 
23, Code of Federal Regulations, Chapter 1, appendix A to Part 658 for 
the State of North Dakota as set forth below:

PART 658--TRUCK SIZE AND WEIGHT, ROUTE DESIGNATIONS--LENGTH, WIDTH 
AND WEIGHT LIMITATIONS

    1. The authority citation for 23 CFR part 658 continues to read as 
follows:

    Authority: 23 U.S.C. 127 and 315; 49 U.S.C. 31111-31115; 49 CFR 
1.48(b)(19) and (c)(19).

    2. Appendix A to Part 658 is amended for the State of North Dakota 
by adding a new route listing entry after the listing for ND 13, ND 1 
S. Jct., MN State Line , to read as follows:

Appendix A to Part 658--National Network--Federally-Designated Routes

* * * * *

                              North Dakota                              
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           Route                       From                    To       
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*                  *                  *                  *              
                  *                  *                  *               
ND32......................  West Junction of ND        I-94             
                             Highway 13 North.                          
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
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[FR Doc. 98-13154 Filed 5-15-98; 8:45 am]
BILLING CODE 4910-22-P