83_FR_49678 83 FR 49487 - Truck Size and Weight

83 FR 49487 - Truck Size and Weight

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 83, Issue 191 (October 2, 2018)

Page Range49487-49489
FR Document2018-21341

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.

Federal Register, Volume 83 Issue 191 (Tuesday, October 2, 2018)
[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)]
[Rules and Regulations]
[Pages 49487-49489]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
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



                                                             Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Rules and Regulations                                        49487

                                           hydroxyvitamin D3 cannot be used                           A procedure to ‘‘review and correct’’              and comment for this rule is
                                           simultaneously in both feed and water.                  the accuracy of the list mandated in 23               unnecessary and contrary to the public
                                             Dated: September 26, 2018.                            U.S.C. 127(d)(3)(D) is provided under 23              interest because it will have no
                                           Leslie Kux,
                                                                                                   U.S.C. 127(d)(3)(E), and implemented                  substantive impact and is technical in
                                                                                                   under 23 CFR 658.23(f). This provision                nature. The amendments to the rule are
                                           Associate Commissioner for Policy.
                                                                                                   requires the FHWA Administrator to                    based upon the explicit language of
                                           [FR Doc. 2018–21396 Filed 10–1–18; 8:45 am]
                                                                                                   review petitions to correct any errors in             statutes that were enacted subsequent to
                                           BILLING CODE 4164–01–P                                  Appendix C. The Commonwealth of                       the promulgation of the rule. The
                                                                                                   Pennsylvania and State of Ohio have                   FHWA does not anticipate receiving
                                                                                                   petitioned the Federal Highway                        meaningful comments. States, local
                                           DEPARTMENT OF TRANSPORTATION                            Administrator to make corrections to                  governments, motor carriers, and other
                                                                                                   items they found to be incorrect in                   transportation stakeholders rely upon
                                           Federal Highway Administration                          accordance with 23 CFR 658.23(f), and                 the regulations corrected by this action.
                                                                                                   certified those provisions were in effect             These corrections will reduce confusion
                                           23 CFR Part 658                                         as of July 1, 1991.                                   for these entities and should not be
                                           [FHWA Docket No. FHWA–2018–0035]                           The Pennsylvania Department of                     unnecessarily delayed. Accordingly, for
                                                                                                   Transportation petitioned FHWA                        the reasons listed above, the agencies
                                           RIN 2125–AF81                                           seeking to invoke the ‘‘grandfather’’                 find good cause under 5 U.S.C.
                                           Truck Size and Weight                                   provisions of 23 U.S.C. 127(a)(4) to                  553(b)(3)(B) to waive notice and
                                                                                                   allow the operation on the Pennsylvania               opportunity for comment.
                                           AGENCY:  Federal Highway                                Turnpike of vehicles or loads with
                                           Administration (FHWA), U. S.                            weight limitations exceeding the                      Executive Order 12866 (Regulatory
                                           Department of Transportation (DOT).                     Federal maximums mandated in 23                       Planning and Review), Executive Order
                                                                                                   U.S.C. 127(a). Pennsylvania’s claim to                13563 (Improving Regulation and
                                           ACTION: Final rule; technical correction.
                                                                                                   grandfather rights is based on State                  Regulatory Review), Executive Order
                                           SUMMARY:   This rule makes a technical                  statute or enforceable regulation                     13771 (Reducing Regulations and
                                           correction to the regulations that govern               authorizing weight limitations                        Controlling Regulatory Costs), and DOT
                                           Longer Combination Vehicles (LCV) for                   exceeding the Federal maximum in                      Regulatory Policies and Procedures
                                           the Commonwealth of Pennsylvania and                    existence on or before July 1, 1956. The                 The FHWA has determined that this
                                           the State of Ohio. The amendments                       Commonwealth seeks to correct a                       action is not a significant regulatory
                                           contained herein make no substantive                    reporting mistake under 23 U.S.C.                     action within the meaning of Executive
                                           changes to FHWA regulations, policies,                  127(d)(3)(A) regarding the actual lawful              Order (E.O.) 12866 or significant within
                                           or procedures.                                          operation on the Turnpike of LCVs up                  the meaning of DOT regulatory policies
                                           DATES: This rule is effective November                  to 100,000 pounds and no longer than                  and procedures. This action complies
                                           1, 2018.                                                28 1⁄2 feet for each trailer on or before,            with E.O.s 12866 and 13563 to improve
                                           FOR FURTHER INFORMATION CONTACT: John                   June 1, 1991. These provisions will be                regulation. It is anticipated that the
                                           Berg, Truck Size and Weight Program                     added to Appendix C and bring it into                 economic impact of this rulemaking will
                                           Manager, Office of Freight Management                   conformance with the Pennsylvania                     be minimal. This rule only makes minor
                                           and Operations, (202) 740–4602; or                      statutes of that time.                                corrections that will not in any way
                                           William Winne, Office of the Chief                         The Ohio Department of                             alter the regulatory effect of 23 CFR part
                                           Counsel, (202) 366–1397. Both are                       Transportation (ODOT) petitioned                      658. Thus, this final rule will not
                                           located at 1200 New Jersey Avenue SE,                   FHWA seeking to invoke the                            adversely affect, in a material way, any
                                           Washington, DC 20590. Office hours for                  ‘‘grandfather’’ provisions of 23 U.S.C.               sector of the economy. In addition, these
                                           FHWA are from 8:00 a.m. to 4:30 p.m.,                   127(a)(4) to reflect that triple-trailers can         changes will not interfere with any
                                           e.t., Monday through Friday, except                     operate on any ‘‘turnpike project’’ as                action taken or planned by another
                                           Federal holidays.                                       defined in Ohio Revised Code (ORC)                    agency and will not materially alter the
                                           SUPPLEMENTARY INFORMATION:
                                                                                                   section 5537.01 and permitted by the                  budgetary impact of any entitlements,
                                                                                                   Ohio Turnpike and Infrastructure                      grants, user fees, or loan programs. This
                                           Electronic Access                                       Commission under the program                          action complies with E.O.s 12866,
                                             An electronic copy of this document                   authorized in ORC 5537.16 (The Ohio                   13563, and 13771 to improve regulation.
                                           may be downloaded by accessing the                      Turnpike Act of 1949 and as amended                   This rule is not an Executive Order
                                           Office of the Federal Register’s home                   and effective prior to June 1, 1991). In              13771 regulatory action because this
                                           page at: http://www.archives.gov or the                 addition, under ORC 4513.34, ODOT                     rule is not significant under Executive
                                           Government Publishing Office’s web                      and local authorities are authorized to               Order 12866.
                                           page at: http://www.gpoaccess.gov/nara.                 issue special permits for oversized
                                                                                                                                                         Regulatory Flexibility Act
                                                                                                   vehicles (effective prior to June 1, 1991).
                                           Background                                              These provisions will be added to                        In compliance with the Regulatory
                                             This rulemaking makes technical                       Appendix C and bring it into                          Flexibility Act (Pub. L. 96–354, 5 U.S.C.
                                           corrections to the regulations in                       conformance with the Ohio’s statutes of               601–612) FHWA has evaluated the
                                           appendix C of 23 CFR part 658 that                      that time.                                            effects of this action on small entities
                                           govern length and weight of trailers in                                                                       and has determined that the action will
                                                                                                   Rulemaking Analyses and Notice                        not have a significant economic impact
                                           Pennsylvania and Ohio. The regulations
                                                                                                     Under the Administrative Procedure                  on a substantial number of small
amozie on DSK3GDR082PROD with RULES




                                           on LCV’s were frozen as of July 1, 1991,
                                           in accordance with Section 1023 of the                  Act (5 U.S.C. 553(b)), an agency may                  entities. This final rule will not make
                                           Intermodal Surface Transportation                       waive the normal notice and comment                   any substantive changes to our
                                           Efficiency Act (ISTEA).1                                requirements if it finds, for good cause,             regulations or in the way that our
                                                                                                   that they are impracticable,                          regulations affect small entities; it
                                             1 Public Law 105–240, 105 Stat. 1914, 1951 (Dec.      unnecessary, or contrary to the public                merely corrects technical errors. For this
                                           18, 1991) (codified at 23 U.S.C. 127(d)).               interest. The FHWA finds that notice                  reason, FHWA certifies that this action


                                      VerDate Sep<11>2014   16:20 Oct 01, 2018   Jkt 247001   PO 00000   Frm 00029   Fmt 4700   Sfmt 4700   E:\FR\FM\02OCR1.SGM   02OCR1


                                           49488             Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Rules and Regulations

                                           will not have a significant economic                    Executive Order 12988 (Civil Justice                    Authority: 23 U.S.C. 127 and 315; 49
                                           impact on a substantial number of small                 Reform)                                               U.S.C. 31111, 31112, and 31114; sec. 347,
                                           entities.                                                                                                     Pub. L. 108–7, 117 Stat. 419; sec. 756, Pub
                                                                                                      This rule meets applicable standards               L. 109–59, 119 Stat. 1219; sec. 115, Pub. L.
                                           Unfunded Mandates Reform Act of                         in sections 3(a) and 3(b)(2) of E.O.                  109–115, 119 Stat. 2408; 49 CFR 1.48(b)(19)
                                           1995                                                    12988, Civil Justice Reform, to minimize              and (c)(19).
                                                                                                   litigation, eliminate ambiguity, and                  ■ 2. Amend appendix C to part 658 by:
                                             This rule does not impose unfunded                    reduce burdens.
                                           mandates as defined by the Unfunded                                                                           ■ a. Revising the entry for ‘‘State: Ohio,
                                           Mandates Reform Act of 1995 (Pub. L.                    Executive Order 13045 (Protection of                  Combination: Truck tractor and 3
                                           104–4, March 22, 1995, 109 Stat. 48).                   Children)                                             trailing units—LVC’’; and
                                                                                                                                                         ■ b. Adding an entry in alphabetical
                                           This rule does not impose any                              Under E.O. 13045, Protection of
                                                                                                                                                         order for State: Pennsylvania,
                                           requirements on State, local, or Tribal                 Children from Environmental Health
                                                                                                                                                         Combination: Truck tractor and 2
                                           governments, or the private sector and,                 and Safety Risks, this final rule is not
                                                                                                                                                         trailing units’’.
                                           thus, will not require those entities to                economically significant and does not                    The revision and addition read as
                                           expend any funds.                                       involve an environmental risk to health               follows:
                                                                                                   and safety that may disproportionally
                                           Executive Order 13132 (Federalism)                                                                            Appendix C to Part 658—Trucks Over
                                                                                                   affect children.
                                             This action has been analyzed in                                                                            80,000 Pounds on the Interstate System
                                                                                                   Executive Order 12630 (Taking of                      and Trucks Over STAA Lengths on the
                                           accordance with the principles and                      Private Property)
                                           criteria contained in E.O. 13132, and                                                                         National Network
                                           FHWA has determined that this action                      This final rule will not effect a taking
                                                                                                                                                         *        *   *     *     *
                                           does not have sufficient federalism                     of private property or otherwise have
                                           implications to warrant the preparation                 taking implications under E.O. 12630,                 STATE: OHIO
                                           of a federalism assessment. The FHWA                    Governmental Actions and Interference                 COMBINATION: Truck tractor and 3 trailing
                                           has also determined that this action                    with Constitutionally Protected Property              units—LCV
                                           does not preempt any State law or State                 Rights.                                               LENGTH OF THE CARGO–CARRYING
                                           regulation or affect the States’ ability to             Executive Order 13211 (Energy Effects)                UNITS: 95 feet
                                           discharge traditional State governmental
                                                                                                      This final rule has been analyzed                  MAXIMUM ALLOWABLE GROSS WEIGHT:
                                           functions.                                              under E.O. 13211, Actions Concerning                  115,000 pounds
                                           Executive Order 12372                                   Regulations That Significantly Affect                 OPERATIONAL CONDITIONS: Same as the
                                           (Intergovernmental Review)                              Energy Supply, Distribution, or Use.                  OH–TT2 combination, except as follows
                                                                                                   The FHWA has determined that it is not                below, and triple trailer units may operate on
                                             The regulations implementing E.O.                     a significant energy action under that                any ‘‘turnpike project’’ as defined in Ohio
                                           12372 regarding intergovernmental                       order because it is not a significant                 Revised Code (ORC) section 5537.01 and
                                           consultation on Federal programs and                                                                          permitted by the Ohio Turnpike and
                                                                                                   regulatory action under E.O. 12866 and                Infrastructure Commission under the
                                           activities apply to these programs.                     this final rule is not likely to have a               program authorized in ORC 5537.16 (The
                                           Paperwork Reduction Act                                 significant adverse effect on the supply,             Ohio Turnpike Act of 1949 and as
                                                                                                   distribution, or use of energy.                       amendedand effective prior to June 1, 1991).
                                             This action does not create any new                                                                            WEIGHT: Gross weight for triples with an
                                           information collection requirements for                 Regulation Identification Number                      overall length greater than 90 feet but not
                                           which a Paperwork Reduction Act                           A regulation identification number                  over 105 feet in length = 115,000 pounds.
                                           submission to the Office of Management                  (RIN) is assigned to each regulatory                     DRIVER: The driver must have a
                                           and Budget would be needed under the                    action listed in the Unified Agenda of                commercial driver’s license with the
                                           Paperwork Reduction Act of 1995, 44                     Federal Regulations. The Regulatory                   appropriate endorsement, be over 26 years of
                                           U.S.C. 3501–3520.                                                                                             age, in good health, and shall have not less
                                                                                                   Information Service Center publishes
                                                                                                                                                         than 5 years of experience driving double
                                           National Environmental Policy Act                       the Unified Agenda in April and                       trailer combination units. Such driving
                                                                                                   October of each year. The RIN contained               experience shall include experience
                                             The FHWA has analyzed this action                     in the heading of this document can be                throughout the four seasons. Each driver
                                           for the purpose of the National                         used to cross reference this action with              must have special training on triple
                                           Environmental Policy Act of 1969 (42                    the Unified Agenda.                                   combinations to be provided by the
                                           U.S.C. 4321–4347) and has determined                                                                          Permittee.
                                                                                                   List of Subjects in 23 CFR Part 658                      VEHICLE: Triple trailer combination
                                           that this action will not have any effect
                                           on the quality of the environment.                        Grant programs—transportation,                      vehicles are allowed to operate on the
                                                                                                   Highways and roads, Motor carriers.                   Turnpike provided the combination vehicle
                                           Executive Order 13175 (Tribal                                                                                 is at least 90 feet long but less than 105 feet
                                           Consultation)                                             Issued on: September 24, 2018.                      long and each trailer is not more than 28.5
                                                                                                   Brandye L. Hendrickson,                               feet in length. The minimum number of axles
                                             The FHWA has analyzed this action                     Deputy Administrator, Federal Highway                 on the triple shall be seven and the
                                           under E.O. 13175, dated November 6,                     Administration.                                       maximum is nine.
                                           2000, and concluded that this rule will                                                                          PERMIT: A triple trailer permit to operate
                                                                                                     In consideration of the foregoing, 23               on the Turnpike is required for triple trailer
                                           not have substantial direct effects on
                                                                                                   CFR part 658 is amended as set forth                  combinations in excess of 90 feet in length.
                                           one or more Indian Tribes; will not
                                                                                                   below.                                                There is an annual fee for the permit. Class
                                           impose substantial direct compliance
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                                                                                                                                                         A and B explosives; Class A poisons; and
                                           costs on Indian Tribal government; and                  PART 658—TRUCK SIZE AND WEIGHT,                       Class 1, 2, and 3 radioactive material cannot
                                           will not preempt Tribal law. There are                  ROUTE DESIGNATIONS—LENGTH,                            be transported in triple trailer combinations.
                                           no requirements set forth in this rule                  WIDTH AND WEIGHT LIMITATIONS                          Other hazardous materials may be
                                           that directly affect one or more Indian                                                                       transported in two trailers of a triple. The
                                           Tribes. Therefore, a Tribal summary                     ■ 1. The authority citation for part 658              hazardous materials should be placed in the
                                           impact statement is not required.                       continues to read as follows:                         front two trailers unless doing so will result



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                                                                    Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Rules and Regulations                                                                                      49489

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

                                                                                                                                                   ROUTES
                                                                                                                                                                                                 From                                    To

                                           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.
                                               LEGAL CITATIONS: Same as the OH–TT2 combination.


                                           *        *         *         *         *                                      DRIVER: The driver must have a                                          combinations, the heaviest trailer shall be
                                                                                                                       commercial driver’s license with the                                      towed next to the truck tractor.
                                           STATE: PENNSYLVANIA                                                         appropriate endorsement.                                                    PERMIT: None required except for a Class
                                           COMBINATION: Truck tractor and 2 trailing                                     VEHICLE: A semitrailer, or the trailer of a                             9 vehicle.
                                           units                                                                       tandem trailer combination, may not be
                                           LENGTH OF THE CARGO–CARRYING                                                longer than 281⁄2 feet. A tandem
                                           UNITS: 57 feet                                                              combination—including the truck tractor,
                                                                                                                       semitrailer and trailer—which exceeds 85
                                           OPERATIONAL CONDITIONS:                                                     feet in length is considered a Class 9 vehicle
                                             WEIGHT: The maximum gross weight is                                       which requires a special permit to travel on
                                           100,000 pounds.                                                             the Turnpike System. In tandem

                                                                                                                                                   ROUTES
                                                                                                                                                                                                 From                                    To

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



                                             LEGAL CITATIONS: Pennsylvania Vehicle                                     DEPARTMENT OF HOMELAND                                                    regulations for certain waters of the
                                           Code, 75 Pa.C.S. § 6110(a); Pennsylvania                                    SECURITY                                                                  Breton Bay. This action is necessary to
                                           Code, 67 Pa. Code, Chapter 601.                                                                                                                       provide for the safety of life on these
                                           *        *         *         *         *                                    Coast Guard                                                               navigable waters of Breton Bay, at
                                           [FR Doc. 2018–21341 Filed 10–1–18; 8:45 am]                                                                                                           Leonardtown, MD, on October 6, 2018,
                                                                                                                       33 CFR Part 100                                                           and October 7, 2018. This regulation
                                           BILLING CODE 4910–22–P
                                                                                                                       [Docket Number USCG–2018–0225]                                            prohibits persons and vessels from
                                                                                                                                                                                                 entering the regulated area unless
                                                                                                                       RIN 1625–AA08                                                             authorized by the Captain of the Port
                                                                                                                                                                                                 Maryland-National Capital Region or the
                                                                                                                       Special Local Regulation; Breton Bay,
                                                                                                                                                                                                 Coast Guard Patrol Commander.
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                                                                                                                       Leonardtown, MD
                                                                                                                                                                                                 DATES: This rule is effective from 7:30
                                                                                                                       AGENCY:  Coast Guard, DHS.                                                a.m. on October 6, 2018 to 5:30 p.m. on
                                                                                                                       ACTION: Temporary final rule.                                             October 7, 2018. It will be enforced from
                                                                                                                       SUMMARY:   The Coast Guard is                                             7:30 a.m. to 5:30 p.m. on each of those
                                                                                                                       establishing temporary special local                                      days.



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Document Created: 2018-10-02 01:19:02
Document Modified: 2018-10-02 01:19:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; technical correction.
DatesThis rule is effective November 1, 2018.
ContactJohn 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.
FR Citation83 FR 49487 
RIN Number2125-AF81
CFR AssociatedGrant Programs-Transportation; Highways and Roads and Motor Carriers

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