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Truck Size and Weight


American Government Trucking

Truck Size and Weight

Brandye L. Hendrickson
Federal Highway Administration
2 October 2018


[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)]
[Rules and Regulations]
[Pages 49487-49489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21341]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 658

[FHWA Docket No. FHWA-2018-0035]
RIN 2125-AF81


Truck Size and Weight

AGENCY: Federal Highway Administration (FHWA), U. S. Department of 
Transportation (DOT).

ACTION: Final rule; technical correction.

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SUMMARY: This rule makes a technical correction to the regulations that 
govern Longer Combination Vehicles (LCV) for the Commonwealth of 
Pennsylvania and the State of Ohio. The amendments contained herein 
make no substantive changes to FHWA regulations, policies, or 
procedures.

DATES: This rule is effective November 1, 2018.

FOR FURTHER INFORMATION CONTACT: John Berg, Truck Size and Weight 
Program Manager, Office of Freight Management and Operations, (202) 
740-4602; or William Winne, Office of the Chief Counsel, (202) 366-
1397. Both are located at 1200 New Jersey Avenue SE, Washington, DC 
20590. Office hours for FHWA are from 8:00 a.m. to 4:30 p.m., e.t., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this document may be downloaded by accessing 
the Office of the Federal Register's home page at: http://www.archives.gov or the Government Publishing Office's web page at: 
http://www.gpoaccess.gov/nara.

Background

    This rulemaking makes technical corrections to the regulations in 
appendix C of 23 CFR part 658 that govern length and weight of trailers 
in Pennsylvania and Ohio. The regulations on LCV's were frozen as of 
July 1, 1991, in accordance with Section 1023 of the Intermodal Surface 
Transportation Efficiency Act (ISTEA).\1\
---------------------------------------------------------------------------

    \1\ Public Law 105-240, 105 Stat. 1914, 1951 (Dec. 18, 1991) 
(codified at 23 U.S.C. 127(d)).
---------------------------------------------------------------------------

    A procedure to ``review and correct'' the accuracy of the list 
mandated in 23 U.S.C. 127(d)(3)(D) is provided under 23 U.S.C. 
127(d)(3)(E), and implemented under 23 CFR 658.23(f). This provision 
requires the FHWA Administrator to review petitions to correct any 
errors in Appendix C. The Commonwealth of Pennsylvania and State of 
Ohio have petitioned the Federal Highway Administrator to make 
corrections to items they found to be incorrect in accordance with 23 
CFR 658.23(f), and certified those provisions were in effect as of July 
1, 1991.
    The Pennsylvania Department of Transportation petitioned FHWA 
seeking to invoke the ``grandfather'' provisions of 23 U.S.C. 127(a)(4) 
to allow the operation on the Pennsylvania Turnpike of vehicles or 
loads with weight limitations exceeding the Federal maximums mandated 
in 23 U.S.C. 127(a). Pennsylvania's claim to grandfather rights is 
based on State statute or enforceable regulation authorizing weight 
limitations exceeding the Federal maximum in existence on or before 
July 1, 1956. The Commonwealth seeks to correct a reporting mistake 
under 23 U.S.C. 127(d)(3)(A) regarding the actual lawful operation on 
the Turnpike of LCVs up to 100,000 pounds and no longer than 28 \1/2\ 
feet for each trailer on or before, June 1, 1991. These provisions will 
be added to Appendix C and bring it into conformance with the 
Pennsylvania statutes of that time.
    The Ohio Department of Transportation (ODOT) petitioned FHWA 
seeking to invoke the ``grandfather'' provisions of 23 U.S.C. 127(a)(4) 
to reflect that triple-trailers can operate on any ``turnpike project'' 
as defined in Ohio Revised Code (ORC) section 5537.01 and permitted by 
the Ohio Turnpike and Infrastructure Commission under the program 
authorized in ORC 5537.16 (The Ohio Turnpike Act of 1949 and as amended 
and effective prior to June 1, 1991). In addition, under ORC 4513.34, 
ODOT and local authorities are authorized to issue special permits for 
oversized vehicles (effective prior to June 1, 1991). These provisions 
will be added to Appendix C and bring it into conformance with the 
Ohio's statutes of that time.

Rulemaking Analyses and Notice

    Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency 
may waive the normal notice and comment requirements if it finds, for 
good cause, that they are impracticable, unnecessary, or contrary to 
the public interest. The FHWA finds that notice and comment for this 
rule is unnecessary and contrary to the public interest because it will 
have no substantive impact and is technical in nature. The amendments 
to the rule are based upon the explicit language of statutes that were 
enacted subsequent to the promulgation of the rule. The FHWA does not 
anticipate receiving meaningful comments. States, local governments, 
motor carriers, and other transportation stakeholders rely upon the 
regulations corrected by this action. These corrections will reduce 
confusion for these entities and should not be unnecessarily delayed. 
Accordingly, for the reasons listed above, the agencies find good cause 
under 5 U.S.C. 553(b)(3)(B) to waive notice and opportunity for 
comment.

Executive Order 12866 (Regulatory Planning and Review), Executive Order 
13563 (Improving Regulation and Regulatory Review), Executive Order 
13771 (Reducing Regulations and Controlling Regulatory Costs), 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 (E.O.) 12866 or 
significant within the meaning of DOT regulatory policies and 
procedures. This action complies with E.O.s 12866 and 13563 to improve 
regulation. It is anticipated that the economic impact of this 
rulemaking will be minimal. This rule only makes minor corrections that 
will not in any way alter the regulatory effect of 23 CFR part 658. 
Thus, this final rule will not adversely affect, in a material way, any 
sector of the economy. In addition, these changes will not interfere 
with any action taken or planned by another agency and will not 
materially alter the budgetary impact of any entitlements, grants, user 
fees, or loan programs. This action complies with E.O.s 12866, 13563, 
and 13771 to improve regulation. This rule is not an Executive Order 
13771 regulatory action because this rule is not significant under 
Executive Order 12866.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 
5 U.S.C. 601-612) FHWA has evaluated the effects of this action on 
small entities and has determined that the action will not have a 
significant economic impact on a substantial number of small entities. 
This final rule will not make any substantive changes to our 
regulations or in the way that our regulations affect small entities; 
it merely corrects technical errors. For this reason, FHWA certifies 
that this action

[[Page 49488]]

will not have a significant economic impact on a substantial number of 
small entities.

Unfunded Mandates Reform Act of 1995

    This rule does not impose unfunded mandates as defined by the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, March 22, 1995, 
109 Stat. 48). This rule does not impose any requirements on State, 
local, or Tribal governments, or the private sector and, thus, will not 
require those entities to expend any funds.

Executive Order 13132 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in E.O. 13132, and FHWA has determined that this 
action does not have sufficient federalism implications to warrant the 
preparation of a federalism assessment. The FHWA has also determined 
that this action does not preempt any State law or State regulation or 
affect the States' ability to discharge traditional State governmental 
functions.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental 
consultation on Federal programs and activities apply to these 
programs.

Paperwork Reduction Act

    This action does not create any new information collection 
requirements for which a Paperwork Reduction Act submission to the 
Office of Management and Budget would be needed under the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3501-3520.

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. 4321-4347) and has 
determined that this action will not have any effect on the quality of 
the environment.

Executive Order 13175 (Tribal Consultation)

    The FHWA has analyzed this action under E.O. 13175, dated November 
6, 2000, and concluded that this rule will not have substantial direct 
effects on one or more Indian Tribes; will not impose substantial 
direct compliance costs on Indian Tribal government; and will not 
preempt Tribal law. There are no requirements set forth in this rule 
that directly affect one or more Indian Tribes. Therefore, a Tribal 
summary impact statement is not required.

Executive Order 12988 (Civil Justice Reform)

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burdens.

Executive Order 13045 (Protection of Children)

    Under E.O. 13045, Protection of Children from Environmental Health 
and Safety Risks, this final rule is not economically significant and 
does not involve an environmental risk to health and safety that may 
disproportionally affect children.

Executive Order 12630 (Taking of Private Property)

    This final rule will not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Executive Order 13211 (Energy Effects)

    This final rule has been analyzed under E.O. 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The FHWA has determined that it is not a 
significant energy action under that order because it is not a 
significant regulatory action under E.O. 12866 and this final rule is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

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

    Grant programs--transportation, Highways and roads, Motor carriers.

    Issued on: September 24, 2018.
Brandye L. Hendrickson,
Deputy Administrator, Federal Highway Administration.

    In consideration of the foregoing, 23 CFR part 658 is amended as 
set forth below.

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

0
1. The authority citation for part 658 continues to read as follows:

    Authority: 23 U.S.C. 127 and 315; 49 U.S.C. 31111, 31112, and 
31114; sec. 347, Pub. L. 108-7, 117 Stat. 419; sec. 756, Pub L. 109-
59, 119 Stat. 1219; sec. 115, Pub. L. 109-115, 119 Stat. 2408; 49 
CFR 1.48(b)(19) and (c)(19).


0
2. Amend appendix C to part 658 by:
0
a. Revising the entry for ``State: Ohio, Combination: Truck tractor and 
3 trailing units--LVC''; and
0
b. Adding an entry in alphabetical order for State: Pennsylvania, 
Combination: Truck tractor and 2 trailing units''.
    The revision and addition 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

* * * * *

STATE: OHIO

COMBINATION: Truck tractor and 3 trailing units--LCV

LENGTH OF THE CARGO-CARRYING UNITS: 95 feet

MAXIMUM ALLOWABLE GROSS WEIGHT: 115,000 pounds

OPERATIONAL CONDITIONS: Same as the OH-TT2 combination, except as 
follows below, and triple trailer units may operate on any 
``turnpike project'' as defined in Ohio Revised Code (ORC) section 
5537.01 and permitted by the Ohio Turnpike and Infrastructure 
Commission under the program authorized in ORC 5537.16 (The Ohio 
Turnpike Act of 1949 and as amendedand effective prior to June 1, 
1991).
    WEIGHT: Gross weight for triples with an overall length greater 
than 90 feet but not over 105 feet in length = 115,000 pounds.
    DRIVER: The driver must have a commercial driver's license with 
the appropriate endorsement, be over 26 years of age, in good 
health, and shall have not less than 5 years of experience driving 
double trailer combination units. Such driving experience shall 
include experience throughout the four seasons. Each driver must 
have special training on triple combinations to be provided by the 
Permittee.
    VEHICLE: Triple trailer combination vehicles are allowed to 
operate on the Turnpike provided the combination vehicle is at least 
90 feet long but less than 105 feet long and each trailer is not 
more than 28.5 feet in length. The minimum number of axles on the 
triple shall be seven and the maximum is nine.
    PERMIT: A triple trailer permit to operate on the Turnpike is 
required for triple trailer combinations in excess of 90 feet in 
length. There is an annual fee for the permit. Class A and B 
explosives; Class A poisons; and Class 1, 2, and 3 radioactive 
material cannot be transported in triple trailer combinations. Other 
hazardous materials may be transported in two trailers of a triple. 
The hazardous materials should be placed in the front two trailers 
unless doing so will result

[[Page 49489]]

in the third trailer weighing more than either one of the lead 
trailers. In addition, under ORC 4513 .34, ODOT and local 
authorities are authorized to issue special permits for oversized 
vehicles.
    ACCESS: With two exceptions, triple trailer units shall not 
leave the Turnpike Project. The first exception is that triple 
trailer combinations are allowed on State Route 21 from I-80 Exit 11 
(Ohio Turnpike) to a terminal located approximately 500 feet to the 
north in the town of Richfield. The second exception is for a 
segment of State Route 7 from Ohio Turnpike Exit 16 to 1 mile south. 
Triple trailer units shall not leave the Turnpike project. Section 
5537.01, as discussed above defines ``turnpike project'' as: ``(B) 
``Project'' or ``turnpike project'' means . . . interchanges, 
entrance plazas, approaches, those portions of connecting public 
roads that serve interchanges and are determined by the commission 
and the director of transportation to be necessary for the safe 
merging of traffic between the turnpike project and those public 
roads, . . .''

                                                     Routes
----------------------------------------------------------------------------------------------------------------
                                                    From                                     To
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I-76 Ohio Turnpike...............  Turnpike Exit 15......................  Pennsylvania.
I-80 Ohio Turnpike...............  Turnpike Exit 8A......................  Turnpike Exit 15.
I-80/90 Ohio Turnpike............  Indiana...............................  Turnpike Exit 8A.
OH-7.............................  Turnpike Exit 16......................  Extending 1 mile south.
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LEGAL CITATIONS: Same as the OH-TT2 combination.

* * * * *

STATE: PENNSYLVANIA

COMBINATION: Truck tractor and 2 trailing units

LENGTH OF THE CARGO-CARRYING UNITS: 57 feet

OPERATIONAL CONDITIONS:

    WEIGHT: The maximum gross weight is 100,000 pounds.
    DRIVER: The driver must have a commercial driver's license with 
the appropriate endorsement.
    VEHICLE: A semitrailer, or the trailer of a tandem trailer 
combination, may not be longer than 28\1/2\ feet. A tandem 
combination--including the truck tractor, semitrailer and trailer--
which exceeds 85 feet in length is considered a Class 9 vehicle 
which requires a special permit to travel on the Turnpike System. In 
tandem combinations, the heaviest trailer shall be towed next to the 
truck tractor.
    PERMIT: None required except for a Class 9 vehicle.

                                                     Routes
----------------------------------------------------------------------------------------------------------------
                                                    From                                     To
----------------------------------------------------------------------------------------------------------------
I-76 Pennsylvania Turnpike         Ohio..................................  Turnpike Exit 75.
 Mainline.
I-76/1-70 Pennsylvania Turnpike    Turnpike Exit 75......................  Turnpike Exit 161.
 Mainline.
I-76 Pennsylvania Turnpike         Turnpike Exit 161.....................  Turnpike Exit 326.
 Mainline.
1-276 Pennsylvania Turnpike        Turnpike Exit 326.....................  I-95 Interchange.
 Mainline.
I-95 interchange Pennsylvania      I-95 Interchange......................  New Jersey.
 Turnpike Mainline.
I-476 Pennsylvania Turnpike        Turnpike Exit 20......................  Turnpike Exit 131.
 Northeastern Extension.
I-376 Pennsylvania Turnpike        Turnpike Exit 15......................  Turnpike Exit 31.
 Beaver Valley Expressway.
Pennsylvania Turnpike 66           Turnpike Exit 0.......................  Turnpike Exit 14.
 Greensburg Bypass.
Pennsylvania Turnpike 43 Mon/      West Virginia.........................  Turnpike Exit M8.
 Fayette Expressway (I-68 to
 Route 43).
Pennsylvania Turnpike 43 Mon/      Turnpike Exit M 15....................  Turnpike Exit M28.
 Fayette Expressway (Uniontown to
 Brownsville).
Pennsylvania Turnpike 43 Mon/      Turnpike Exit M30.....................  Turnpike Exit M54.
 Fayette Expressway (US-40 to PA-
 51).
Pennsylvania Turnpike 43 Mon/      Turnpike Exit M54.....................  I-376/Monroeville.
 Fayette Expressway (PA-51 to I-
 376/Monroeville).
Pennsylvania Turnpike 576          Turnpike Exit S1......................  Turnpike Exit S6.
 Southern Beltway (I-376 to US-
 22).
Pennsylvania Turnpike 576          Turnpike Exit S6......................  I-79.
 Southern Beltway (US-22 to I-79).
Pennsylvania Turnpike 576          I-79..................................  Pennsylvania Turnpike 43 Mon/Fayette
 Southern Beltway (I-79 to Mon/                                             Expressway.
 Fayette Expressway).
----------------------------------------------------------------------------------------------------------------

    LEGAL CITATIONS: Pennsylvania Vehicle Code, 75 Pa.C.S. Sec.  
6110(a); Pennsylvania Code, 67 Pa. Code, Chapter 601.
* * * * *

[FR Doc. 2018-21341 Filed 10-1-18; 8:45 am]
BILLING CODE 4910-22-P




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