FAST Act Section 5516 ``Additional State Authority'' Implementation |
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Nicole R. Nason
Federal Highway Administration
22 August 2019
[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Rules and Regulations]
[Pages 43686-43689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18093]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 658
[Docket No. FHWA-2018-0042]
RIN 2125-AF86
FAST Act Section 5516 ``Additional State Authority''
Implementation
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule implements Section 5516, ``Additional State
Authority,'' of the Fixing America's Surface Transportation (FAST) Act,
which provides the State of South Dakota with the opportunity to update
and revise the routes for Longer Combination Vehicles (LCV) and
commercial motor vehicles (CMV) with two or more cargo-carrying units.
DATES: This rule is effective September 23, 2019.
FOR FURTHER INFORMATION CONTACT: Vince Mantero, FHWA Office of Freight
Management and Operations, (202) 366-2997, or by email at
Vince.Mantero@dot.gov, or William Winne, FHWA Office of the Chief
Counsel, (202) 366-1397, or by email at William.Winne@dot.gov. Business
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
The Notice of Proposed Rulemaking (NPRM), the comments received,
and this document may be viewed online through the Federal eRulemaking
portal at: http://www.regulations.gov under docket ID FHWA-2018-0042.
Copies of this document also 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
The Intermodal Surface Transportation Efficiency Act (ISTEA) of
1991 (Pub. L. 102-240, 105 Stat. 1914, Dec. 18, 1991) restricts the
operation of LCVs on the Interstate Highway System (Sec. 1023(b), 105
Stat. 1952) and CMV combinations with two or more cargo-carrying units
on the National Network (NN) (Sec. 4006, 105 Stat. 2148) to the types
of vehicles in use on or before June 1, 1991, subject to whatever State
rules, regulations, or restrictions were in effect on that date. A
listing of these vehicles and restrictions is found in 23 CFR part 658,
Appendix C.
The FHWA is modifying its regulations, as found in 23 CFR part 658,
Appendix C, governing vehicles covered by 23 U.S.C. 127(d) (LCVs) and
49 U.S.C. 31112 (CMVs with two or more cargo-carrying units) in the
State of South Dakota, as proposed in a NPRM published on February 6,
2019, at 84 FR 2071.
This action is necessary to implement the provisions of Section
5516 of the FAST Act, which provides South Dakota the opportunity to
update and revise the routes designated as qualifying Federal-aid
Primary System highways as long as the update shifts routes to divided
highways or does not increase centerline miles by more than 5 percent
and is expected to increase safety performance. The FAST Act Conference
Report to Accompany H.R. 22 (House of Representatives 114th Congress
1st Session Report 114-357, December 1, 2015) states, ``Conferees
expect that the implementation of section 5516 will provide the maximum
flexibility possible to re-route longer combination vehicles in the
affected State to divided highways, highway facilities designed for
freight transportation, or along routes that will enhance overall
highway safety.''
In an August 30, 2016, letter to FHWA, the South Dakota Department
of Transportation (SDDOT) requested that FHWA add the additional routes
for South Dakota's LCV network and provided a map and listing of those
routes.
All of the proposed routes are on the NN, which is comprised of the
Interstate Highway System and routes designated as qualifying Federal-
aid Primary System highways. Combinations with a cargo-carrying length
of 81.5 feet or less may use all NN routes. Combinations with a cargo-
carrying length over 81.5 feet are restricted to the Interstate System
and the routes listed in 23 CFR part 658, Appendix C. This listing of
routes is applicable to both double trailers and triple trailers.
There were errors in the tables published in the ``Background''
section of the NPRM, on page 2075, regarding existing and proposed
routes of operation for LCVs and trucks in excess of the lengths
designated by the Surface Transportation Assistance Act (STAA) of 1982
for use on the NN. The route segments that were incorrect include a
portion of US 14 and US 14B in Pierre, South Dakota. In addition,
incorrect mileage is shown on several existing and proposed routes. The
correct routes were provided to FHWA in a letter from the SDDOT dated
June 6, 2018, which was added to the docket for this rulemaking.
Nevertheless, all routes identified in the regulatory text of the NPRM
were correct and included both existing and proposed routes of
operation for LCVs and trucks over STAA lengths on the NN.
The FHWA finds that this update shifts routes to divided highways
or does not increase centerline miles by more than 5 percent and is
expected to increase safety performance. Based on this information and
the comments received, FHWA is revising the Federal Regulations at 23
CFR part 658,
[[Page 43687]]
Appendix C for vehicles covered by 23 U.S.C. 127(d) (LCVs), and 49
U.S.C. 31112 (CMVs with two or more cargo-carrying units), in the State
of South Dakota.
The revised routes are as follows:
------------------------------------------------------------------------
Highway From To
------------------------------------------------------------------------
US12........................ North Dakota State Jct I-29 at Summit.
Line.
US14........................ Jct US83 at Ft. Jct US14B in Pierre.
Pierre.
US14........................ Jct US14B east of W Jct US14 Bypass at
Pierre. Brookings.
US14B....................... Jct US14 in Pierre.. Jct US14 east of
Pierre.
US14B....................... W Jct US14 at Jct I-29 Exit 133 at
Brookings. Brookings.
US16B....................... Jct SD79 south of Jct I-90 at Rapid
Rapid City. City.
US18........................ E Jct US18B at Hot Jct US385 at
Springs. Oelrichs.
US18B....................... W Jct US18 at Hot E Jct US18 at Hot
Springs. Springs.
US212....................... Wyoming State Line.. Jct US85 at Belle
Fourche.
US212....................... W Jct US83 west of E Jct US83 west of
Gettysburg. Gettysburg.
US212....................... W Jct US281 in E Jct US281 in
Redfield. Redfield.
US281....................... Jct I-90 Exit 310 at S Jct US14 west of
Plankinton. Huron.
US281....................... Jct US14 north of W Jct US212 in
Wolsey. Redfield.
US281....................... E Jct US212 in North Dakota State
Redfield. Line.
US83........................ Jct I-90 near Vivian Jct US14 at Ft.
Pierre.
US83........................ Jct US14 east of W Jct US212 west of
Pierre. Gettysburg.
US83........................ E Jct US212 west of Jct US12 south of
Gettysburg. Selby.
US83........................ Jct US12 west of North Dakota State
Selby. Line.
US85........................ I-90 Exit 10 at North Dakota State
Spearfish. Line.
SD34........................ W Jct SD37.......... E Jct SD37.
SD37........................ Jct I-90 at Mitchell E Jct SD34.
SD37........................ W Jct SD34.......... Jct US14 at Huron.
SD50........................ Burleigh Street in Jct I-29 Exit 26.
Yankton.
SD79........................ Jct US18 & US385 at Jct US16B south of
Oelrichs. Rapid City.
------------------------------------------------------------------------
Summary of Comments and Responses
The FHWA received eight comments to the docket in response to the
NPRM. Comments were submitted by two individuals, one State government
agency (SDDOT), and four industry associations (the American Trucking
Associations, the South Dakota Trucking Association, the South Dakota
Agri-Business Association, and the South Dakota Retailers Association),
and one trucking company.
A majority of the commenters expressed strong support for the
proposed revisions, while one individual commenter opposed the proposed
additional routes and length allowances.
Commenters in support of the updated routes expressed their opinion
that the additional routes would overall improve highway safety and
efficiency. One commenter thought the additional routes pose a safety
threat to the driving public if the LCVs were to be allowed to operate
along mixed travel lanes, but this commenter did not provide any data
in support of this assertion.
The owner and operator of the highway system in South Dakota,
SDDOT, presented a Safety Assessment in its June 6, 2018, letter
addressing how it concludes the expanded access would improve traffic
safety. The SDDOT asserted, for example, that hauling with LCVs would
reduce the number of vehicles needed to carry payload, proportionally
reducing the number of crashes, and that expanding the number and
extent of routes would allow LCVs to take more direct and suitable
routes, reducing miles traveled, accident exposure, fuel consumption,
and vehicle emissions. The letter also concludes that none of the rural
segments demonstrate unusual crash histories indicating marginal or
hazardous operating conditions for commercial vehicles. The FHWA
concurs with this Safety Assessment.
Based on the comments received, the SDDOT transmittal letter of
June 6, 2018, and the authority provided in FAST Act Section 5516 for
the State of South Dakota, FHWA concurs with the additional routes and
vehicles as proposed by the SDDOT, for addition to 23 CFR part 658,
appendix C.
Executive Order 13771 (Reducing Regulation and Controlling Regulatory
Costs), Executive Order 12866 (Regulatory Planning and Review),
Executive Order 13563 (Improving Regulation and Regulatory 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 Executive Order
(E.O.) 12866 or within the meaning of DOT regulatory policies and
procedures. The amendments update and revise the routes of the vehicles
covered by 23 U.S.C. 127(d) (LCVs), and 49 U.S.C. 31112 (CMVs with two
or more cargo-carrying units), in South Dakota, as found in 23 CFR part
658, appendix C. In addition, this action complies with the principles
of E.O. 13563. After evaluating the costs and benefits of these
amendments, FHWA finds that the economic impact of this rulemaking
would be minimal. These changes are not anticipated to adversely
affect, in any material way, any sector of the economy. In addition,
these changes will not create a serious inconsistency with any other
agency's action or materially alter the budgetary impact of any
entitlements, grants, user fees, or loan programs. The FHWA anticipates
that the economic impact of this rulemaking will be minimal; therefore,
a full regulatory evaluation is not necessary. Finally, this rule is
not an E.O. 13771 regulatory action because it is not significant under
E.O. 12866.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354;
5 U.S.C. 60l-612), FHWA has evaluated the effects of this action on
small entities, such as local governments and businesses. Based on the
evaluation, FHWA anticipates that this action would not have a
significant economic impact on a substantial number of small entities.
The proposed amendments would update the routes of the vehicles covered
by 23 U.S.C. 127(d) (LCVs), and 49 U.S.C. 31112 (CMVs with two or more
cargo-carrying units), in South Dakota, as found in 23 CFR part 658,
appendix C. Therefore, I certify that this
[[Page 43688]]
action would not have a significant economic impact on a substantial
number of small entities.
Unfunded Mandates Reform Act of 1995
The FHWA has determined that this action would not impose unfunded
mandates as defined by the Unfunded Mandates Reform Act of 1995 (Pub.
L. 104-4, March 22, 1995, 109 Stat. 48). The actions in this final rule
would not result in the expenditure by State, local, and Tribal
governments, in the aggregate, or by the private sector, of $155
million or more in any 1 year (when adjusted for inflation) in 2014
dollars for either State, local, and Tribal governments in the
aggregate, or by the private sector.
Executive Order 13132 (Federalism Assessment)
The FHWA has analyzed this rule in accordance with the principles
and criteria contained in E.O. 13132. The FHWA has determined that this
action would not have sufficient federalism implications to warrant the
preparation of a federalism assessment. The FHWA has also determined
that this action would 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 this program.
This E.O. applies because State and local governments would be directly
affected by the regulation, which is a condition of Federal highway
funding. Local entities should refer to the Catalog of Federal Domestic
Assistance Program Number 20.205, Highway Planning and Construction,
for further information.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget for each collection of information they conduct,
sponsor, or require through regulations. The FHWA has determined that
the rule does not contain collection of information requirements for
the purposes of the PRA.
National Environmental Policy Act
The FHWA has analyzed this rule for the purposes of the National
Environmental Policy Act (NEPA) (42 U.S.C. 4321, et seq.). Agencies are
required to adopt implementing procedures for NEPA that establish
specific criteria for, and identification of, three classes of actions:
Those that normally require preparation of an Environmental Impact
Statement; those that normally require preparation of an Environmental
Assessment; and those that are categorically excluded from further NEPA
review (40 CFR 1507.3(b)). The action is the amendment to the routes
listed for vehicles covered by 23 U.S.C. 127(d) (LCVs), and 49 U.S.C.
31112 (CMVs with two or more cargo-carrying units) in South Dakota as
found in 23 CFR part 658, Appendix C, as allowed by Section 5516 of the
FAST Act. This action qualifies for categorical exclusions under 23 CFR
771.117(c)(20) (promulgation of rules, regulations, and directives).
The FHWA has evaluated whether the action would involve unusual
circumstances or extraordinary circumstances and has determined that
this rulemaking action would not involve such circumstances. As a
result, FHWA finds that this rulemaking would not result in significant
impacts on the human environment.
Executive Order 13175 (Tribal Consultation)
The FHWA has analyzed this rule under E.O. 13175, and believes that
it would not have substantial direct effects on one or more Indian
Tribes, would not impose substantial direct compliance costs on Indian
Tribal governments, and would not preempt Tribal law. This rule would
not impose any direct compliance requirements on Indian Tribal
governments nor would it have any economic or other impacts on the
viability of Indian Tribes. Therefore, a Tribal summary impact
statement is not required.
Executive Order 13211 (Energy Effects)
The FHWA has analyzed this rule under E.O. 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. The FHWA has determined that this action is not a
significant energy action under the E.O. and is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy. Therefore, a Statement of Energy Effects is not required.
Executive Order 12630 (Taking of Private Property)
The FHWA has analyzed this rule under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights. The FHWA does not anticipate that this action would affect a
taking of private property or otherwise have taking implications under
E.O. 12630.
Executive Order 12988 (Civil Justice Reform)
This action 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 burden.
Executive Order 13045 (Protection of Children)
The FHWA has analyzed this action under E.O. 13045, Protection of
Children from Environmental Health Risks and Safety Risks. The FHWA
certifies that this action would not cause an environmental risk to
health or safety that may disproportionately affect children.
Regulation Identifier Number
A Regulation Identifier Number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Regulatory and Deregulatory
Actions. The Regulatory Information Service Center publishes the
Unified Agenda in the spring and fall of each year. The RIN number
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 carrier
size and weight.
Issued on: August 15, 2019.
Nicole R. Nason,
Administrator, Federal Highway Administration.
In consideration of the foregoing, FHWA amends 23 CFR part 658 as
follows:
PART 658--TRUCK SIZE AND WEIGHT, ROUTE DESIGNATIONS-LENGTH, WIDTH
AND WEIGHT LIMITATIONS
0
1. The authority citation for part 658 is amended 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.
109-58, 119 Stat. 829; sec. 1309, Pub. L. 109-59, 119 Stat. 1219;
sec. 115, Pub. L. 109-115, 119 Stat. 2408; sec. 5516, Pub. L. 114-
94, 129 Stat. 1312, 1557; 49 CFR 1.81(a)(3).
0
2. Amend appendix C to part 658 by revising the entry for ``State:
South Dakota, Combination: Truck tractor and two trailing units--LVC''
to read as follows:
[[Page 43689]]
Appendix C to Part 658--Trucks Over 80,000 Pounds on the Interstate
System and Trucks Over STAA Lengths on the National Network
* * * * *
State: South Dakota.
Combination: Truck tractor and two trailing units--LCV.
Length of Cargo-Carrying Units: 100 feet.
Maximum Allowable Gross Weight: 129,000 pounds.
Operational Conditions:
Weight: For all combinations, the maximum gross weight on two or
more consecutive axles is limited by the Federal Bridge Formula but
cannot exceed 129,000 pounds. The weight on single axles or tandem
axles spaced 40 inches or less apart may not exceed 20,000 pounds.
Tandem axles spaced more than 40 inches but 96 inches or less may
not exceed 34,000 pounds. Two consecutive sets of tandem axles may
carry a gross load of 34,000 pounds each, provided the overall
distance between the first and last axles of the tandems is 36 feet
or more. The weight on the steering axle may not exceed 600 pounds
per inch of tire width.
For combinations with a cargo-carrying length greater than 81.5
feet the following additional regulations also apply. The weight on
all axles (other than the steering axle) may not exceed 500 pounds
per inch of tire width. Lift axles and belly axles are not
considered load-carrying axles and will not count when determining
allowable vehicle weight.
Driver: The driver must have a commercial driver's license with
the appropriate endorsement.
Vehicle: For all combinations, a semitrailer or trailer may
neither be longer than nor weigh 3,000 pounds more than the trailer
located immediately in front of it. Towbars longer than 19 feet must
be flagged during daylight hours and lighted at night.
For combinations with a cargo-carrying length of 81.5 feet or
less, neither trailer may exceed 45 feet, including load overhang.
Vehicles may be 12 feet wide when hauling baled feed during daylight
hours.
For combinations with a cargo-carrying length over 81.5 feet
long, neither trailer may exceed 48 feet, including load overhang.
Loading the rear of the trailer heavier than the front is not
allowed. All axles except the steering axle require dual tires.
Axles spaced 8 feet or less apart must weigh within 500 pounds of
each other. The trailer hitch offset may not exceed 6 feet. The
maximum effective rear trailer overhang may not exceed 35 percent of
the trailer's wheelbase. The power unit must have sufficient power
to maintain 40 miles per hour. A ``LONG LOAD'' sign measuring 18
inches high by 7 feet long with black on yellow lettering 10 inches
high is required on the rear. Offtracking is limited to 8.75 feet
for a turning radius of 161 feet.
Offtracking Formula = 161-[161\2\-(L1\2\ +
L2\2\ + L3\2\ + L4\2\ +
L5\2\ + L6\2\ + L7\2\ +
L8\2\)]\1/2\
Note. L1 through L8 are measurements
between points of articulation or vehicle pivot points. Squared
dimensions to stinger steer points of articulation are negative. For
two trailing unit combinations where at least one trailer is 45 feet
long or longer, all the dimensions used to calculate offtracking
must be written in the ``Permit Restriction'' area of the permit
along with the offtracking value derived from the calculation.
Permit: For combinations with a cargo-carrying length of 81.5
feet or less, a single-trip permit is required for movement on the
Interstate System if the gross vehicle weight exceeds 80,000 pounds.
An annual or single-trip permit is required for hauling baled feed
over 102 inches wide.
For combinations with a cargo-carrying length greater than 81.5
feet, a single-trip permit is required for all movements. Operations
must be discontinued when roads are slippery due to moisture,
visibility must be good, and wind conditions must not cause trailer
whip or sway.
For all combinations, a fee is charged for any permit.
Access: For combinations with a cargo-carrying length of 81.5
feet or less, access is statewide off the NN unless restricted by
the South Dakota DOT.
For combinations with a cargo-carrying length greater than 81.5
feet, access to operating routes must be approved by the South
Dakota DOT.
Routes: Combinations with a cargo-carrying length of 81.5 feet
or less may use all NN routes. Combinations with a cargo-carrying
length over 81.5 feet, are restricted to the Interstate System and:
------------------------------------------------------------------------
Highway From To
------------------------------------------------------------------------
US12........................ North Dakota State Jct I-29 at Summit.
Line.
US14........................ Jct US83 at Ft. Jct US14B in Pierre.
Pierre.
US14........................ Jct US14B east of W Jct US14 Bypass at
Pierre. Brookings.
US14B....................... Jct US14 in Pierre.. Jct US14 east of
Pierre.
US14B....................... W Jct US14 at Jct I-29 Exit 133 at
Brookings. Brookings.
US16B....................... Jct SD79 south of Jct I-90 at Rapid
Rapid City. City.
US18........................ E Jct US18B at Hot Jct US385 at
Springs. Oelrichs.
US18B....................... W Jct US18 at Hot E Jct US18 at Hot
Springs. Springs.
US212....................... Wyoming State Line.. Jct US85 at Belle
Fourche.
US212....................... W Jct US83 west of E Jct US83 west of
Gettysburg. Gettysburg.
US212....................... W Jct US281 in E Jct US281 in
Redfield. Redfield.
US281....................... Jct I-90 Exit 310 at S Jct US14 west of
Plankinton. Huron.
US281....................... Jct US14 north of W Jct US212 in
Wolsey. Redfield.
US281....................... E Jct US212 in North Dakota State
Redfield. Line.
US83........................ Jct I-90 near Vivian Jct US14 at Ft.
Pierre.
US83........................ Jct US14 east of W Jct US212 west of
Pierre. Gettysburg.
US83........................ E Jct US212 west of Jct US12 south of
Gettysburg. Selby.
US83........................ Jct US12 west of North Dakota State
Selby. Line.
US85........................ I-90 Exit 10 at North Dakota State
Spearfish. Line.
SD34........................ W Jct SD37.......... E Jct SD37.
SD37........................ Jct I-90 at Mitchell E Jct SD34.
SD37........................ W Jct SD34.......... Jct US14 at Huron.
SD50........................ Burleigh Street in Jct I-29 Exit 26.
Yankton.
SD79........................ Jct US18 & US385 at Jct US16B south of
Oelrichs. Rapid City.
------------------------------------------------------------------------
Legal Citations: SDCL 32-22-8.1, -38, -39, -41, -42, and -52; and
Administrative Rules 70:03:01:37,:47,:48, and:60 through:70.
* * * * *
[FR Doc. 2019-18093 Filed 8-21-19; 8:45 am]
BILLING CODE 4910-22-P