['Size and Weight Limits']
['Sizes and weights']
02/02/2022
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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.
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, 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 Line | Jct I-29 at Summit. |
| US14 | Jct US83 at Ft. Pierre | Jct US14B in Pierre. |
| US14 | Jct US14B east of Pierre | W Jct US14 Bypass at Brookings. |
| US14B | Jct US14 in Pierre | Jct US14 east of Pierre. |
| US14B | W Jct US14 at Brookings | Jct I-29 Exit 133 at Brookings. |
| US16B | Jct SD79 south of Rapid City | Jct I-90 at Rapid City. |
| US18 | E Jct US18B at Hot Springs | Jct US385 at Oelrichs. |
| US18B | W Jct US18 at Hot Springs | E Jct US18 at Hot Springs. |
| US212 | Wyoming State Line | Jct US85 at Belle Fourche. |
| US212 | W Jct US83 west of Gettysburg | E Jct US83 west of Gettysburg. |
| US212 | W Jct US281 in Redfield | E Jct US281 in Redfield. |
| US281 | Jct I-90 Exit 310 at Plankinton | S Jct US14 west of Huron. |
| US281 | Jct US14 north of Wolsey | W Jct US212 in Redfield. |
| US281 | E Jct US212 in Redfield | North Dakota State Line. |
| US83 | Jct I-90 near Vivian | Jct US14 at Ft. Pierre. |
| US83 | Jct US14 east of Pierre | W Jct US212 west of Gettysburg. |
| US83 | E Jct US212 west of Gettysburg | Jct US12 south of Selby. |
| US83 | Jct US12 west of Selby | North Dakota State Line. |
| US85 | I-90 Exit 10 at Spearfish | North Dakota State 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 Yankton | Jct I-29 Exit 26. |
| SD79 | Jct US18 & US385 at Oelrichs | Jct US16B south of 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 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.
[FR Doc. 2019-18093 Filed 8-21-19; 8:45 am]
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.