82 FR 43198 - Definition of Automobile Transporter
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 82, Issue 177 (September 14, 2017)
Federal Highway Administration
Federal Register Volume 82, Issue 177 (September 14, 2017)
| Page Range | 43198-43199 | |
| FR Document | 2017-19516 |
[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)] [Proposed Rules] [Pages 43198-43199] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19516] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 658 [Docket No. FHWA-2017-0030] Definition of Automobile Transporter AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Request for comments. ----------------------------------------------------------------------- SUMMARY: This document requests comments on including non-cargo- carrying tractor-high mount automobile semi-trailer combination in the definition of automobile transporter in the FHWA's guidance. DATES: Comments must be received on or before October 16, 2017. ADDRESSES: To ensure that you do not duplicate your docket submissions, please submit them by only one of the following means:Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting comments. Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Ave. SE., W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Ave. SE., between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is (202) 366- 9329. Instructions: You must include the agency name and docket number at the beginning of your comments. All comments received will be posted without change to http://www.regulations.gov including any personal information provided. FOR FURTHER INFORMATION CONTACT: For questions about the Definition of Automobile Transporters, contact Crystal Jones, FHWA Office of Freight Management and Operations, (202) 366-2976, or by email at [email protected]. For legal questions, please contact William Winne, FHWA Office of the Chief Counsel, (202) 366-1397, or by email at [email protected]. Business hours for the FHWA are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access You may retrieve a copy of the notice through the Federal eRulemaking portal at: http://www.regulations.gov. The Web site is available 24 hours each day, every day of the year. Electronic submission and retrieval help and guidelines are available under the help section of the Web site. An electronic copy of this document may also be downloaded from the Office of the Federal Register's home page at: http://www.archives.gov/federal_register and the Government Publishing Office's Web page at: http://www.gpoaccess.gov. Background Federal laws and regulations pertaining to vehicles that are classified as automobile transporters, and providing for a minimum vehicle length and allowable overhang lengths for these configurations, support the safe and efficient movement of autos by truck through States and across State lines. In accordance with 49 U.S.C. 31111(a)(1) and 23 CFR 658.5, the term ``automobile transporter'' means any vehicle combination designed and used for the transport of assembled highway vehicles, including truck camper units. Federal regulations classify automobile transporters as specialized equipment and identify three possible configurations of automobile transporters: Traditional, ``low boys,'' and stinger steered. 23 CFR 658.13(e)(1)(i). As provided in 23 CFR 658.13(e), and in the definition of a ``Tractor or Truck Tractor'' at 23 CFR 658.5, automobile transporters may carry vehicles on the power unit behind the cab and on an over-cab rack. If a vehicle is classified as an automobile transporter, no State shall impose an overall length limitation of less than 65 feet on traditional automobile transporters, including ``low boys,'' or less than 80 feet on stinger-steered automobile transporters. 49 U.S.C. 31111(b)(1)(G). All length provisions regarding automobile transporters are exclusive of front and rear cargo overhang. For traditional automobile transporters, no State shall impose a front overhang limitation of less than 3 feet or a rear overhang limitation of less than 4 feet. 23 CFR 658.13(e)(1)(ii). For stinger-steered automobile transporters, no State shall impose a front overhang limitation of less than 4 feet or a rear overhang limitation of less than 6 feet. 49 U.S.C. 31111(b)(1)(G). Other truck tractor-semitrailer combinations (not specifically defined as automobile transporters) are subject to the length provisions of 23 CFR 658.13(c). Under this regulatory provision, States determine the maximum length limits for semitrailers operating in a truck tractor-semitrailer combination; but no State shall prohibit the use of trailers or semitrailers of such dimensions as those that were in actual and lawful use in such State on December 1, 1982, as set out in appendix B to 23 CFR 658. It is a longstanding FHWA policy position, established through guidance, that to qualify as an automobile transporter as defined in 49 U.S.C. 31111(a)(1) and be treated as specialized equipment as described in 23 CFR 658.13(e)(1)(i), both traditional and stinger-steered automobile transporter combinations must be capable of carrying cargo on the power unit/tractor. Because a truck-tractor in high-mount, truck-tractor-semitrailer combination is not capable of carrying vehicles on the power unit, FHWA's current policy interpretation is that such a vehicle combination may not be considered an automobile transporter subject to the length allowances in 23 CFR 658.13(e)(1)(ii). In response to the recent inquiries, FHWA has considered the definitions and length provisions that apply to automobile transporters and language in the Surface Transportation Act of 1982 section 411(f), which states ``a tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit,'' and finds that it may be within the Department's current legislative authority to interpret this language to include auto transporter combinations that are not capable of carrying vehicles on the power unit, such as a high-mount, truck-tractor-semitrailer combination, without additional action from Congress. [[Page 43199]] Defining the high-mount combination as an automobile transporter would trigger the use of the same length allowances that currently apply to a traditional automobile transporter. In doing so, Federal laws would govern the operation of this vehicle on certain roadways, and no State would be able to impose an overall length limitation of less than 65 feet or a front overhang limitation of less than 3 feet or a rear overhang limitation of less than 4 feet for this vehicle combination. Purpose of the Request The FHWA is requesting comments from affected stakeholders and the public regarding interpreting the statutory and regulatory language to include a high-mount, truck-tractor-semitrailer combination as an automobile transporter and treating the combination as specialized equipment. Comments are requested on the following questions related to defining a high-mount, truck-tractor-semitrailer combination as an automobile transporter: How will the inclusion of a high-mount, truck-tractor- semitrailer combination in the definition of automobile transporter impact the flow of Interstate commerce? Are there safety issues with a high-mount, truck-tractor- semitrailer combination as an automobile transporter as it relates to the operation of this vehicle configuration on the National Network? What are implementation implications (e.g. roadside enforcement and changes to State laws) if Federal versus State laws would govern the operation of this vehicle configuration on the National Network? What State laws are currently in place regarding a highmount, truck-tractor-semitrailer combination? Please provide legal citations, if applicable. Are there States that allow the high-mount, truck-tractor- semitrailer combination to operate under the same length provisions as a traditional automobile transporter? Is there any other information relating to safety, vehicle productivity, or infrastructure preservation relevant to these questions? Authority: 49 U.S.C. 31111 and Section 411 of the Surface Transportation Assistance Act of 1982 (Pub. L. 97-424) Issued on: September 7, 2017. Brandye L. Hendrickson, Acting Administrator . [FR Doc. 2017-19516 Filed 9-13-17; 8:45 am] BILLING CODE 4910-22-P
![43198 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Proposed Rules
Drinking Water of Animals to provide • Instructions: You must include the less than 65 feet on traditional
for the safe use of GLA safflower oil as agency name and docket number at the automobile transporters, including ‘‘low
a source of omega-6 fatty acids in dry beginning of your comments. All boys,’’ or less than 80 feet on stinger-
food for adult cats in the maintenance comments received will be posted steered automobile transporters. 49
life stage. without change to http:// U.S.C. 31111(b)(1)(G). All length
The petitioner has claimed that this www.regulations.gov including any provisions regarding automobile
action is categorically excluded under personal information provided. transporters are exclusive of front and
21 CFR 25.32(r) because it is of a type FOR FURTHER INFORMATION CONTACT: For rear cargo overhang. For traditional
that does not individually or questions about the Definition of automobile transporters, no State shall
cumulatively have a significant effect on Automobile Transporters, contact impose a front overhang limitation of
the human environment. In addition, Crystal Jones, FHWA Office of Freight less than 3 feet or a rear overhang
the petitioner has stated that to their Management and Operations, (202) 366– limitation of less than 4 feet. 23 CFR
knowledge, no extraordinary 2976, or by email at Crystal.Jones@ 658.13(e)(1)(ii). For stinger-steered
circumstances exist. If FDA determines dot.gov. For legal questions, please automobile transporters, no State shall
a categorical exclusion applies, neither contact William Winne, FHWA Office of impose a front overhang limitation of
an environmental assessment nor an the Chief Counsel, (202) 366–1397, or by less than 4 feet or a rear overhang
environmental impact statement is email at William.Winne@dot.gov. limitation of less than 6 feet. 49 U.S.C.
required. If FDA determines a Business hours for the FHWA are from 31111(b)(1)(G).
categorical exclusion does not apply, we Other truck tractor-semitrailer
8:00 a.m. to 4:30 p.m., e.t., Monday
will request an environmental combinations (not specifically defined
through Friday, except Federal holidays.
assessment and make it available for as automobile transporters) are subject
SUPPLEMENTARY INFORMATION: to the length provisions of 23 CFR
public inspection.
Electronic Access 658.13(c). Under this regulatory
Dated: September 8, 2017.
provision, States determine the
Leslie Kux, You may retrieve a copy of the notice maximum length limits for semitrailers
Associate Commissioner for Policy. through the Federal eRulemaking portal operating in a truck tractor-semitrailer
[FR Doc. 2017–19491 Filed 9–13–17; 8:45 am] at: http://www.regulations.gov. The Web combination; but no State shall prohibit
BILLING CODE 4164–01–P
site is available 24 hours each day, the use of trailers or semitrailers of such
every day of the year. Electronic dimensions as those that were in actual
submission and retrieval help and and lawful use in such State on
DEPARTMENT OF TRANSPORTATION guidelines are available under the help December 1, 1982, as set out in
section of the Web site. An electronic appendix B to 23 CFR 658.
Federal Highway Administration copy of this document may also be It is a longstanding FHWA policy
downloaded from the Office of the position, established through guidance,
23 CFR Part 658 Federal Register’s home page at: http:// that to qualify as an automobile
www.archives.gov/federal_register and transporter as defined in 49 U.S.C.
[Docket No. FHWA–2017–0030] the Government Publishing Office’s 31111(a)(1) and be treated as specialized
Web page at: http://www.gpoaccess.gov. equipment as described in 23 CFR
Definition of Automobile Transporter
Background 658.13(e)(1)(i), both traditional and
AGENCY: Federal Highway stinger-steered automobile transporter
Administration (FHWA), DOT. Federal laws and regulations combinations must be capable of
ACTION: Request for comments. pertaining to vehicles that are classified carrying cargo on the power unit/tractor.
as automobile transporters, and Because a truck-tractor in high-mount,
SUMMARY: This document requests providing for a minimum vehicle length truck-tractor-semitrailer combination is
comments on including non-cargo- and allowable overhang lengths for not capable of carrying vehicles on the
carrying tractor-high mount automobile these configurations, support the safe power unit, FHWA’s current policy
semi-trailer combination in the and efficient movement of autos by interpretation is that such a vehicle
definition of automobile transporter in truck through States and across State combination may not be considered an
the FHWA’s guidance. lines. In accordance with 49 U.S.C. automobile transporter subject to the
DATES: Comments must be received on 31111(a)(1) and 23 CFR 658.5, the term length allowances in 23 CFR
or before October 16, 2017. ‘‘automobile transporter’’ means any 658.13(e)(1)(ii).
ADDRESSES: To ensure that you do not vehicle combination designed and used In response to the recent inquiries,
duplicate your docket submissions, for the transport of assembled highway FHWA has considered the definitions
please submit them by only one of the vehicles, including truck camper units. and length provisions that apply to
following means: Federal regulations classify automobile automobile transporters and language in
• Federal eRulemaking Portal: Go to transporters as specialized equipment the Surface Transportation Act of 1982
http://www.regulations.gov and follow and identify three possible section 411(f), which states ‘‘a tractor
the online instructions for submitting configurations of automobile and semitrailer engaged in the
comments. transporters: Traditional, ‘‘low boys,’’ transportation of automobiles may
• Mail: Docket Management Facility, and stinger steered. 23 CFR transport motor vehicles on part of the
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
U.S. Department of Transportation, 1200 658.13(e)(1)(i). As provided in 23 CFR power unit,’’ and finds that it may be
New Jersey Ave. SE., W12–140, 658.13(e), and in the definition of a within the Department’s current
Washington, DC 20590–0001. ‘‘Tractor or Truck Tractor’’ at 23 CFR legislative authority to interpret this
• Hand Delivery: West Building 658.5, automobile transporters may language to include auto transporter
Ground Floor, Room W12–140, 1200 carry vehicles on the power unit behind combinations that are not capable of
New Jersey Ave. SE., between 9 a.m. the cab and on an over-cab rack. carrying vehicles on the power unit,
and 5 p.m., Monday through Friday, If a vehicle is classified as an such as a high-mount, truck-tractor-
except Federal holidays. The telephone automobile transporter, no State shall semitrailer combination, without
number is (202) 366–9329. impose an overall length limitation of additional action from Congress.
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![Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Proposed Rules 43199
Defining the high-mount combination DEPARTMENT OF THE INTERIOR I. Background
as an automobile transporter would In 2005, BIA promulgated regulations
trigger the use of the same length Bureau of Indian Affairs
at 25 CFR part 30 that require BIE to use
allowances that currently apply to a the accountability system of the State in
traditional automobile transporter. In 25 CFR Part 30
which a BIE-funded school is located.
doing so, Federal laws would govern the There are BIE-funded schools in 23
operation of this vehicle on certain [178A2100DD/AAKC001030/ different States; and each State has its
roadways, and no State would be able A0A501010.999900 253G] own accountability system. As a result,
to impose an overall length limitation of each State system produced student
less than 65 feet or a front overhang Bureau of Indian Education Standards,
achievement data that cannot be directly
limitation of less than 3 feet or a rear Assessments, and Accountability
compared with data from other States.
overhang limitation of less than 4 feet System Negotiated Rulemaking
This created problems for the BIE in
for this vehicle combination. Committee Establishment;
identifying under-performing schools
Nominations
Purpose of the Request and in directing resources effectively.
AGENCY: Bureau of Indian Affairs, On November 9, 2015, BIE published
The FHWA is requesting comments Interior. a notice of intent requesting
from affected stakeholders and the nominations for a negotiated rulemaking
ACTION: Request for nominations and
public regarding interpreting the committee to recommend revisions to
notice of intent to establish committee.
statutory and regulatory language to the existing regulations for BIE’s
include a high-mount, truck-tractor- SUMMARY: The U.S. Department of the accountability system (80 FR 69161). In
semitrailer combination as an Interior is announcing its intent to that notice of intent, the BIE solicited
automobile transporter and treating the establish the Bureau of Indian nominations from Tribes whose
combination as specialized equipment. Education (BIE) Standards, students attend BIE-funded schools
Comments are requested on the Assessments, and Accountability operated either by the BIE or by the
following questions related to defining a System Negotiated Rulemaking Tribe through a contract or grant, to
high-mount, truck-tractor-semitrailer Committee (Committee) to advise the nominate Tribal representatives to serve
combination as an automobile Secretary of the Interior (Secretary) on the Committee and Tribal alternates
transporter: through the BIE on a proposed rule to to serve when the representative is
• How will the inclusion of a high- revise the Adequate Yearly Progress unavailable.
mount, truck-tractor-semitrailer regulation and invite Tribes whose The Every Student Succeeds Act
combination in the definition of students attend BIE-funded schools (ESSA), Pub. L. 114–95, then became
automobile transporter impact the flow operated by either the BIE or by the law, requiring an update to the subject,
of Interstate commerce? Tribe through a contract or grant who scope, and issues that the Committee
• Are there safety issues with a high- would be affected by the final rule to would address. On April 14, 2016 (81
mount, truck-tractor-semitrailer nominate a representative for FR 22039), BIE announced its intent to
combination as an automobile membership on the Committee. The BIE expand the scope of the Committee and
transporter as it relates to the operation also invites nominations for Committee reopened the comment and nomination
of this vehicle configuration on the members who will adequately represent period, requesting comments and
National Network? the interests that are likely to be nominations by May 31, 2016. The
significantly affected by the proposed request for nominations was extended
• What are implementation
rule such as: Students enrolled, or on August 17, 2016 (81 FR 54768). On
implications (e.g. roadside enforcement
parents of students enrolled at the 174 January 18, 2017 a notice of proposed
and changes to State laws) if Federal
BIE-funded schools, school teachers and membership, request for nomination
versus State laws would govern the
administrators, Tribes, and Indian and a request for comments was
operation of this vehicle configuration
communities served by these schools. published (82 FR 5473).
on the National Network?
The BIE also solicits comments on the Taking into consideration the
• What State laws are currently in proposal to establish the Committee. interests of the new Administration in
place regarding a highmount, truck- participating in this process, the
DATES: Comments regarding the intent
tractor-semitrailer combination? Please Department has decided that a new
provide legal citations, if applicable. to establish this Committee and
nominations for Committee members negotiated rulemaking process, as
• Are there States that allow the high- must be submitted no later than October required by the ESEA, should begin.
mount, truck-tractor-semitrailer 16, 2017. Under ESEA Section 8204(c)(2), as
combination to operate under the same amended, Tribes have the authority to
ADDRESSES: Send written comments to
length provisions as a traditional waive, in part or in whole, the
automobile transporter? Ms. Juanita Mendoza, Bureau of Indian definitions of standards, assessments,
Education, by any of the following
• Is there any other information methods:
and accountability system established
relating to safety, vehicle productivity, by the Secretary in accordance with this
• (Preferred method) Email to: rulemaking. The BIE encourages Tribal
or infrastructure preservation relevant to BIEcomments@bia.gov; self-determination in Native education;
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
these questions? • Mail, hand-carry or use an and where a Tribal governing body or
Authority: 49 U.S.C. 31111 and Section overnight courier service to Ms. Juanita
411 of the Surface Transportation Assistance school board determines it to be
Mendoza, Bureau of Indian Education, appropriate, encourages the
Act of 1982 (Pub. L. 97–424) 1849 C Street NW., Mail Stop 4657, development of alternative standards,
Issued on: September 7, 2017. Washington, DC 20240. assessments, or accountability systems.
Brandye L. Hendrickson, FOR FURTHER INFORMATION CONTACT: Ms. The Committee would be charged,
Acting Administrator . Juanita Mendoza, Bureau of Indian consistent with ESEA Section 8204,
[FR Doc. 2017–19516 Filed 9–13–17; 8:45 am] Education; telephone: (202) 208–3559. with developing proposed regulations
BILLING CODE 4910–22–P SUPPLEMENTARY INFORMATION: for implementation of the Secretary’s
VerDate Sep<11>2014 16:07 Sep 13, 2017 Jkt 241001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\14SEP1.SGM 14SEP1](https://thefederalregister.org/doc/82_FR_43375/page/2.svg)
Document Created: 2017-09-13 23:48:59
Document Modified: 2017-09-13 23:48:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Request for comments. | |
| Dates | Comments must be received on or before October 16, 2017. | |
| Contact | For questions about the Definition of Automobile Transporters, contact Crystal Jones, FHWA Office of Freight Management and Operations, (202) 366-2976, or by email at [email protected] For legal questions, please contact William Winne, FHWA Office of the Chief Counsel, (202) 366-1397, or by email at [email protected] Business hours for the FHWA are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. | |
| FR Citation | 82 FR 43198 |
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