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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 876 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 876

  To amend titles 23 and 49, United States Code, to modify provisions 
relating to the length and weight limitations for vehicles operating on 
             Federal-aid highways, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 3, 2011

Mr. Lautenberg introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
  To amend titles 23 and 49, United States Code, to modify provisions 
relating to the length and weight limitations for vehicles operating on 
             Federal-aid highways, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Highways and Infrastructure 
Preservation Act''.

SEC. 2. OPERATION OF RESTRICTED PROPERTY-CARRYING UNITS ON NATIONAL 
              HIGHWAY SYSTEM.

    (a) Definition of Restricted Property-Carrying Unit.--Section 
31111(a) of title 49, United States Code, is amended--
            (1) by redesignating paragraph (3) as paragraph (5);
            (2) by redesignating paragraph (2) as paragraph (3);
            (3) by redesignating paragraph (4) as paragraph (2); and
            (4) by inserting after paragraph (3) the following:
            ``(4) Restricted property-carrying unit.--The term 
        `restricted property-carrying unit' means any trailer, 
        semitrailer, container, or other property-carrying unit that is 
        longer than 53 feet.''.
    (b) Prohibition on Operation of Restricted Property-Carrying 
Units.--
            (1) In general.--Section 31111(b)(1)(C) of title 49, United 
        States Code, is amended to read as follows:
            ``(C) allows operation on any segment of the National 
        Highway System, including the Interstate System, of a 
        restricted property-carrying unit unless the operation is 
        specified on the list published under subsection (h)(2);''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date that is 270 days after the date 
        of the enactment of this Act.
    (c) Limitations.--Section 31111 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(h) Restricted Property-Carrying Units.--
            ``(1) Applicability of prohibition.--
                    ``(A) In general.--Notwithstanding subsection 
                (b)(1)(C), a restricted property-carrying unit may 
                continue to operate on a segment of the National 
                Highway System if the operation of the unit is 
                specified on the list published under paragraph (2).
                    ``(B) Applicability of state laws and 
                regulations.--All operations specified on the list 
                published under paragraph (2) shall continue to be 
                subject to all State laws, limitations, and conditions, 
                including routing-specific, commodity-specific, and 
                configuration-specific designations and all other 
                restrictions, in effect as of June 1, 2008.
                    ``(C) Firefighting units.--Subsection (b)(1)(C) 
                shall not apply to the operation of a restricted 
                property-carrying unit that is used exclusively for 
                firefighting.
            ``(2) Listing of restricted property-carrying units.--
                    ``(A) In general.--Not later than 60 days after the 
                date of the enactment of this subsection, the Secretary 
                shall initiate a proceeding to determine and publish a 
                list of restricted property-carrying units that were--
                            ``(i) authorized by State officials 
                        pursuant to State law as of June 1, 2008; and
                            ``(ii) in actual and lawful operation on a 
                        regular or periodic basis (including seasonal 
                        operations) on or before June 1, 2008.
                    ``(B) Limitation.--A restricted property-carrying 
                unit may not be included on the list published under 
                subparagraph (A) on the basis that a State law could 
                have authorized the operation of the unit as of a prior 
                date, by permit or otherwise.
                    ``(C) Publication of final list.--Not later than 
                270 days after the date of the enactment of this 
                subsection, the Secretary shall publish a final list of 
                restricted property-carrying units described in 
                subparagraph (A).
                    ``(D) Updates.--The Secretary shall update the list 
                published under subparagraph (C) as necessary to 
                reflect new designations made to the National Highway 
                System.
            ``(3) Applicability of prohibition.--The prohibition 
        established under subsection (b)(1)(C) shall--
                    ``(A) apply to any new designation made to the 
                National Highway System; and
                    ``(B) remain in effect on those portions of the 
                National Highway System that cease to be designated as 
                part of the National Highway System.
            ``(4) Limitation on statutory construction.--Nothing in 
        this subsection may be construed to prevent a State from 
        further restricting in any manner or prohibiting the operation 
        of a restricted property-carrying unit, except that any such 
        restriction or prohibition shall be consistent with the 
        provisions of this subchapter.''.
    (d) Enforcement.--The second sentence of section 141(a) of title 
23, United States Code, is amended by striking ``section 31112'' and 
inserting ``sections 31111 and 31112''.

SEC. 3. OPERATION OF LONGER COMBINATION VEHICLES ON NATIONAL HIGHWAY 
              SYSTEM.

    (a) In General.--Section 31112 of title 49, United States Code, is 
amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f) National Highway System.--
            ``(1) In general.--A State may not allow, on a segment of 
        the National Highway System that is not covered under 
        subsection (b) or (c), the operation of a commercial motor 
        vehicle combination (except a vehicle or load that cannot be 
        dismantled easily or divided easily and that has been issued a 
        special permit under applicable State law) with more than 1 
        property-carrying unit (excluding the truck tractor) if the 
        property-carrying units are more than--
                    ``(A) the maximum combination trailer, semitrailer, 
                or other type of length limitation allowed by 
                applicable State law as of June 1, 2008; or
                    ``(B) the length of the property-carrying units of 
                those commercial motor vehicle combinations, by 
                specific configuration, in actual and lawful operation 
                on a regular or periodic basis (including continuing 
                seasonal operation) in that State on or before June 1, 
                2008.
            ``(2) Additional limitations.--
                    ``(A) Applicability of state restrictions.--
                            ``(i) In general.--Subject to clause (ii), 
                        a commercial motor vehicle combination that is 
                        not prohibited from operating in a State under 
                        paragraph (1) may continue to operate in that 
                        State on highways described in paragraph (1) if 
                        such operation complies with all applicable 
                        State laws, limitations, and conditions, 
                        including routing-specific and configuration-
                        specific designations, and all other 
                        restrictions in effect in that State as of June 
                        1, 2008.
                            ``(ii) Minor adjustments.--Subject to 
                        regulations promulgated by the Secretary under 
                        subsection (h), a State may make minor 
                        temporary and emergency adjustments to route 
                        designations and vehicle operating restrictions 
                        in effect as of June 1, 2008, for specific 
                        safety purposes and road construction.
                    ``(B) Additional state restrictions.--Nothing in 
                this subsection may be construed to prevent a State 
                from further restricting or prohibiting the operation 
                of a commercial motor vehicle combination subject to 
                this section, except that such a restriction or 
                prohibition shall be consistent with this section and 
                sections 31113(a), 31113(b), and 31114.
                    ``(C) Minor adjustments.--
                            ``(i) In general.--Not later than 30 days 
                        after the date on which a State makes a minor 
                        adjustment of a temporary and emergency nature 
                        in accordance with subparagraph (A)(ii) or 
                        further restricting or prohibiting the 
                        operation of a commercial motor vehicle 
                        combination in accordance with subparagraph 
                        (B), the State shall advise the Secretary of 
                        the action.
                            ``(ii) Publication.--The Secretary shall 
                        publish a notice of an action taken by a State 
                        under clause (i) in the Federal Register.
            ``(3) List of state length limitations.--
                    ``(A) State submissions.--
                            ``(i) In general.--Not later than 60 days 
                        after the date of the enactment of this 
                        subparagraph, each State shall submit to the 
                        Secretary a complete list of State length 
                        limitations applicable to commercial motor 
                        vehicle combinations operating in the State on 
                        the highways described in paragraph (1), 
                        including the applicable State laws associated 
                        with the length limitations.
                            ``(ii) Failure to submit.--If a State fails 
                        to submit the information required under clause 
                        (i), the Secretary shall compile and file the 
                        information on behalf of the State.
                    ``(B) Publication of interim list.--The Secretary 
                shall--
                            ``(i) publish an interim list in the 
                        Federal Register consisting of all information 
                        submitted under subparagraph (A) not later than 
                        90 days after the date of the enactment of this 
                        subparagraph;
                            ``(ii) review for accuracy all information 
                        submitted by a State under subparagraph (A); 
                        and
                            ``(iii) solicit and consider public comment 
                        on the accuracy of the information.
                    ``(C) Limitation.--A law may not be included on the 
                list submitted by a State or published by the Secretary 
                merely because the law authorized, or could have 
                authorized, by permit or otherwise, the operation of 
                commercial motor vehicle combinations not in actual 
                operation on a regular or periodic basis on or before 
                June 1, 2008.
                    ``(D) Publication of final list.--
                            ``(i) In general.--Not later than 270 days 
                        after the date of the enactment of this 
                        subparagraph, the Secretary shall publish a 
                        final version of the list described in 
                        subparagraph (B) in the Federal Register, as 
                        revised under this subparagraph or subparagraph 
                        (E).
                            ``(ii) Revisions.--In publishing the final 
                        list, the Secretary shall make any revisions 
                        necessary to correct inaccuracies identified 
                        under subparagraph (B).
                            ``(iii) Prohibition on operation.--After 
                        the final list is published under this 
                        subparagraph, commercial motor vehicle 
                        combinations prohibited under paragraph (1) may 
                        not operate on a highway described in paragraph 
                        (1) unless included on the list.
                    ``(E) Inaccuracies.--
                            ``(i) In general.--On the motion of the 
                        Secretary or on request by any person 
                        (including a State), the Secretary shall review 
                        the list published under subparagraph (D).
                            ``(ii) Determination.--If the Secretary 
                        determines that there is reason to believe a 
                        mistake was made in the accuracy of the list--
                                    ``(I) the Secretary shall begin a 
                                proceeding to determine whether a 
                                mistake was made; and
                                    ``(II) if the Secretary makes an 
                                affirmative determination under 
                                subclause (I), the Secretary shall 
                                publish the appropriate correction.''.
    (b) Conforming Amendments.--Section 31112 of title 49, United 
States Code, is amended--
            (1) in subsection (d)(1), by striking ``subsection (g)(2) 
        of this section'' and inserting ``subsection (h)(2)'';
            (2) in subsection (g), as redesignated by subsection 
        (a)(1)--
                    (A) in paragraph (1), by inserting ``or 127A(e)'' 
                after ``127(d)''; and
                    (B) in paragraph (3), by inserting ``(or June 1, 
                2008, with respect to highways described in subsection 
                (f)(1))'' after ``June 2, 1991''; and
            (3) in paragraph (h)(2), as redesignated by subsection 
        (a)--
                    (A) by striking ``Not later than June 15, 1992, the 
                Secretary'' and inserting ``The Secretary''; and
                    (B) by striking ``of this section'' and inserting 
                ``or (f)''.

SEC. 4. TERMINATION OF DETERMINATIONS OF GRANDFATHERED RIGHTS.

    (a) In General.--Section 127 of title 23, United States Code, is 
amended by adding at the end the following:
    ``(i) Grandfathered Rights.--
            ``(1) Definition of interstate weight limit.--In this 
        subsection and in section 127A, the term `Interstate weight 
        limit' means the 80,000-pound gross vehicle weight limitation, 
        the 20,000-pound single axle weight limitation (including 
        enforcement tolerances), the 34,000-pound tandem axle weight 
        limitation (including enforcement tolerances), and the overall 
        maximum gross weight (including enforcement tolerances) 
        limitation on a group of 2 or more consecutive axles produced 
        by application of the formula under subsection (a)(2).
            ``(2) Limitation.--Beginning 270 days after the date of the 
        enactment of this subsection, a State may not allow, on a 
        segment of the Interstate System, the operation of a vehicle or 
        combination (other than a longer combination vehicle) exceeding 
        an Interstate weight limit unless the operation is specified on 
        the list published under paragraph (3).
            ``(3) List of vehicles and combinations.--
                    ``(A) Proceeding.--Not later than 60 days after the 
                date of the enactment of this subsection, the Secretary 
                shall initiate a proceeding to determine and publish a 
                list of vehicles and combinations (other than longer 
                combination vehicles) otherwise exceeding an Interstate 
                weight limit that the Department of Transportation, any 
                other Federal agency, or a State has determined, on or 
                before June 1, 2008, could have been or could be 
                lawfully operated within the State--
                            ``(i) on July 1, 1956;
                            ``(ii) in the case of the overall gross 
                        weight of any group of 2 or more consecutive 
                        axles, on January 4, 1975; or
                            ``(iii) under a special rule applicable to 
                        a State under subsection (a).
                    ``(B) Limitations.--
                            ``(i) Actual and lawful operations 
                        required.--An operation of a vehicle or 
                        combination may be included on the list 
                        published under subparagraph (A) only if the 
                        vehicle or combination was in actual and lawful 
                        operation in the State on a regular or periodic 
                        basis on or before June 1, 2008.
                            ``(ii) State authority not sufficient.--An 
                        operation of a vehicle or combination may not 
                        be included on the list published under 
                        subparagraph (A) on the basis that a State law 
                        could have authorized the operation of the 
                        vehicle or combination as of a prior date by 
                        permit or otherwise.
                    ``(C) Publication of final list.--Not later than 
                270 days after the date of the enactment of this 
                subsection, the Secretary shall publish a final list of 
                vehicles and combinations described in subparagraph 
                (A).
            ``(4) Limitation on effect of subsection.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), nothing in this subsection may be 
                construed to prevent a State from reducing the gross 
                vehicle weight limitation, the single and tandem axle 
                weight limitations, or the overall maximum gross weight 
                on a group of 2 or more consecutive axles applicable to 
                portions of the Interstate System in the State for 
                operations on the list published under paragraph 
                (3)(C).
                    ``(B) Limitation.--A reduction described in 
                subparagraph (A) may not result in a limitation that is 
                less than an Interstate weight limit.
            ``(5) Applicability of existing requirements.--All vehicles 
        and combinations included on the list published under paragraph 
        (3) shall be subject to all routing-specific, commodity-
        specific, and weight-specific designations in effect in a State 
        as of June 1, 2008.''.
    (b) Conforming Amendment.--Section 127(a)(4) of title 23, United 
States Code, is amended by striking ``the State determines''.

SEC. 5. NONDIVISIBLE LOAD PROCEEDING.

    Section 127 of title 23, United States Code, as amended by section 
4, is further amended by adding at the end the following:
    ``(j) Nondivisible Loads.--
            ``(1) Statement of policy.--The purpose of this subsection 
        is to promote conformity with Interstate weight limits to 
        preserve publicly funded infrastructure and protect motorists 
        by limiting maximum vehicle weight on key portions of the 
        Federal-aid highway system.
            ``(2) Proceeding.--Not later than 60 days after the date of 
        the enactment of this subsection, the Secretary shall initiate 
        a proceeding to define the term `vehicles and loads that cannot 
        be easily dismantled or divided' as used in subsection (a) and 
        section 31112 of title 49.
            ``(3) List of commodities.--
                    ``(A) In general.--The definition developed under 
                subparagraph (A) shall include a list of commodities 
                (or classes or types of commodities) that do not 
                qualify as nondivisible loads.
                    ``(B) Limitation.--The list of commodities 
                developed under paragraph (2) shall not be interpreted 
                to be a comprehensive list of commodities that do not 
                qualify as nondivisible loads.
            ``(4) Regulations.--The Secretary shall--
                    ``(A) promulgate final regulations setting forth 
                the determination of the Secretary made under paragraph 
                (2) not later than 270 days after the date of enactment 
                of this subsection; and
                    ``(B) update such regulations, as necessary.
            ``(5) Applicability.--Regulations promulgated under 
        paragraph (4) shall apply to all vehicles and loads operating 
        on the National Highway System.
            ``(6) State requirements.--A State may establish any 
        requirement that is not inconsistent with regulations 
        promulgated under paragraph (4).''.

SEC. 6. WAIVERS OF WEIGHT LIMITATIONS DURING PERIODS OF NATIONAL 
              EMERGENCY.

    Section 127 of title 23, United States Code, as amended by sections 
4 and 5, is further amended by adding at the end the following:
    ``(k) Waivers During Periods of National Emergency.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section or section 127A, the Secretary, in consultation 
        with the Secretary of Defense, may waive or limit the 
        application of any vehicle weight limit established under this 
        section or section 127A with respect to a highway route during 
        a period of national emergency in order to respond to the 
        effects of the national emergency.
            ``(2) Applicability.--Emergency limits established under 
        paragraph (1) shall preempt any inconsistent State vehicle 
        weight limits.''.

SEC. 7. VEHICLE WEIGHT LIMITATIONS--NATIONAL HIGHWAY SYSTEM.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended--
            (1) in section 127(d)(4), by inserting ``and in section 
        127A'' after ``this section''; and
            (2) by inserting after section 127 the following:
``Sec. 127A. Vehicle weight limitations--National Highway System
    ``(a) Non-Interstate Highways on National Highway System.--
            ``(1) In general.--Beginning 270 days after the date of the 
        enactment of this section, any Interstate weight limit that 
        applies to vehicles and combinations (other than longer 
        combination vehicles) operating on the Interstate System in a 
        State under section 127 shall apply to vehicles and 
        combinations (other than longer combination vehicles) operating 
        on non-Interstate segments of the National Highway System in 
        the State unless the segments are subject to lower State weight 
        limits as provided for under subsection (d).
            ``(2) Existing highways.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                in the case of a non-Interstate segment of the National 
                Highway System that is open to traffic on June 1, 2008, 
                a State may allow the operation of any vehicle or 
                combination (other than a longer combination vehicle) 
                on the segment that the Secretary determines under 
                subsection (b) could have been lawfully operated on the 
                segment on June 1, 2008.
                    ``(B) Applicability of state laws.--All operations 
                described in subparagraph (A) shall continue to be 
                subject to all State laws, limitations, and conditions, 
                including routing-specific, commodity-specific, and 
                configuration-specific designations and all other 
                restrictions, in effect as of June 1, 2008.
            ``(3) New highways.--Subject to subsection (d)(1), the 
        gross vehicle weight limitations and axle loading limitations 
        applicable to all vehicles and combinations (other than longer 
        combination vehicles) on a non-Interstate segment of the 
        National Highway System that was not open to traffic on June 1, 
        2008, shall be the Interstate weight limit.
    ``(b) Listing of Vehicles and Combinations.--
            ``(1) In general.--The Secretary shall initiate a 
        proceeding to determine and publish a list of vehicles and 
        combinations (other than longer combination vehicles), 
        otherwise exceeding an Interstate weight limit, that could be 
        lawfully operated on a non-Interstate segment of the National 
        Highway System on June 1, 2008.
            ``(2) Requirements.--In publishing a list of vehicles and 
        combinations under paragraph (1), the Secretary shall 
        identify--
                    ``(A) the gross vehicle weight limitations and axle 
                loading limitations in each State applicable, as of 
                June 1, 2008, to vehicles and combinations (other than 
                longer combination vehicles) on non-Interstate segments 
                of the National Highway System; and
                    ``(B) operations of vehicles and combinations 
                (other than longer combination vehicles), exceeding 
                State gross vehicle weight limitations and axle loading 
                limitations identified under subparagraph (A), that 
                were in actual and lawful operation on a regular or 
                periodic basis (including seasonal operations) as of 
                June 1, 2008.
            ``(3) Limitation.--An operation of a vehicle or combination 
        may not be included on the list published under paragraph (1) 
        on the basis that a State law (including a regulation) could 
        have authorized the operation on a prior date by permit or 
        otherwise.
            ``(4) Publication of final list.--Not later than 270 days 
        after the date of the enactment of this section, the Secretary 
        shall publish a final list of vehicles and combinations 
        described in paragraph (1).
            ``(5) Updates.--The Secretary shall update the list 
        published under paragraph (4) as necessary to reflect new 
        designations made to the National Highway System.
    ``(c) Applicability of Limitations.--The limitations established 
under subsection (a) shall--
            ``(1) apply to any new designation made to the National 
        Highway System; and
            ``(2) remain in effect on those non-Interstate highways 
        that cease to be designated as part of the National Highway 
        System.
    ``(d) Limitations on Statutory Construction.--
            ``(1) State enforcement of more restrictive weight 
        limits.--Nothing in this section may be construed to prevent a 
        State from maintaining or imposing a weight limitation that is 
        more restrictive than the Interstate weight limit on vehicles 
        or combinations (other than longer combination vehicles) 
        operating on a non-Interstate segment of the National Highway 
        System.
            ``(2) State actions to reduce weight limits.--Nothing in 
        this section may be construed to prevent a State from reducing 
        the gross vehicle weight limitation, single or tandem axle 
        weight limitations, or the overall maximum gross weight on 2 or 
        more consecutive axles of the State on any non-Interstate 
        segment of the National Highway System.
    ``(e) Longer Combination Vehicles.--
            ``(1) Prohibition.--
                    ``(A) In general.--Beginning 270 days after the 
                date of the enactment of this section, a longer 
                combination vehicle may continue to operate on a non-
                Interstate segment of the National Highway System only 
                if the operation of the longer combination vehicle 
                configuration type was--
                            ``(i) authorized by State officials 
                        pursuant to State law (including a regulation) 
                        as of June 1, 2008; and
                            ``(ii) in actual and lawful operation on a 
                        regular or periodic basis (including seasonal 
                        operations) on or before June 1, 2008.
                    ``(B) Applicability of state laws.--All operations 
                described in subparagraph (A) shall continue to be 
                subject to all State laws, limitations, and conditions, 
                including routing-specific, commodity-specific, and 
                configuration-specific designations and all other 
                restrictions, in effect as of June 1, 2008.
            ``(2) Listing of vehicles and combinations.--
                    ``(A) In general.--Not later than 60 days after the 
                date of enactment of this section, the Secretary shall 
                initiate a proceeding to determine and publish a list 
                of longer combination vehicles that could be lawfully 
                operated on non-Interstate segments of the National 
                Highway System as of June 1, 2008.
                    ``(B) Limitation.--A longer combination vehicle may 
                not be included on the list published under 
                subparagraph (A) on the basis that a State law 
                (including a regulation) could have authorized the 
                operation of the vehicle on a prior date by permit or 
                otherwise.
                    ``(C) Publication of final list.--Not later than 
                270 days after the date of enactment of this section, 
                the Secretary shall publish a final list of longer 
                combination vehicles described in subparagraph (A).
                    ``(D) Updates.--The Secretary shall update the list 
                published under subparagraph (C) as necessary to 
                reflect new designations made to the National Highway 
                System.
            ``(3) Limitation on statutory construction.--Nothing in 
        this subsection may be construed to prevent a State from 
        further restricting in any manner or prohibiting the operation 
        of a longer combination vehicle, except that any such 
        restriction or prohibition shall be consistent with section 127 
        of this title and sections 31112 through 31114 of title 49.
    ``(f) Model Schedule of Fines.--
            ``(1) In general.--The Secretary, in consultation with the 
        States, shall establish a model schedule of fines to be 
        assessed for violations of this section.
            ``(2) Purposes.--The purposes of the schedule of fines 
        shall be--
                    ``(A) to ensure that fines are sufficient to deter 
                violations of this section; and
                    ``(B) to permit States to recover costs associated 
                with damage caused to the National Highway System by 
                the operation of vehicles.
            ``(3) Adoption by states.--The Secretary shall encourage 
        States to adopt the schedule of fines.''.
    (b) Enforcement of Requirements.--Section 141(a) of title 23, 
United States Code, is amended by striking ``the Federal-aid primary 
system, the Federal-aid urban system, and the Federal-aid secondary 
system, including the Interstate System in accordance with section 127 
of this title'' and inserting ``the National Highway System, including 
the Interstate System, in accordance with sections 127 and 127A''.
    (c) Conforming Amendment.--The chapter analysis for title 23, 
United States Code, is amended by inserting after the item relating to 
section 127 the following:

``127A. Vehicle weight limitations--National Highway System.''.
                                 <all>
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