[Federal Register Volume 63, Number 250 (Wednesday, December 30, 1998)]
[Rules and Regulations]
[Pages 71746-71748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34636]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 658
[FHWA Docket No. 98-3467]
RIN 2125-AE36
Truck Size and Weight; National Network; North Dakota
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Final rule.
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SUMMARY: This document modifies the National Network for commercial
motor vehicles by adding a route in North Dakota. The National Network
was established by a final rule on truck size and weight published on
June 5, 1984, as since modified. This rulemaking adds one segment to
the National Network as requested by the State of North Dakota.
DATES: This rule is effective January 29, 1999.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Klimek, Office of Motor
Carrier Information Management and Analysis (202-366-2212), or Mr.
Charles Medalen, Office of the Chief Counsel (202-366-1354), Federal
Highway Administration, 400 Seventh Street, SW., Washington, DC 20590.
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
Internet users can access all comments received by the U.S. DOT
Dockets, Room PL-401, by using the universal resource locator (URL):
http://dms.dot.gov. It is available 24 hours each day, 365 days each
year. Please follow the instructions online for more information and
help.
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the Government Printing
Office's Electronic Bulletin Board Service at (202)512-1661. Internet
users may reach the Federal Register's home page at: http://
www.nara.gov/fedreg and the Government Printing Office's database at:
http://www.access.gpo.gov/nara.
Background
The National Network of Interstate highways and federally-
designated routes, on which commercial vehicles with the dimensions
authorized by the Surface Transportation Assistance Act of 1982 (STAA),
49 U.S.C. 31111, 31113-31114, may operate, was established by a final
rule published in the Federal Register on June 5, 1984 (49 FR 23302),
as subsequently modified. These highways are located in each State, the
District of Columbia, and Puerto Rico. Routes on the National Network
are listed in appendix A of 23 CFR Part 658.
Procedures for the addition and deletion of routes are outlined in
23 CFR 658.11 and include the issuance of a notice of proposed
rulemaking (NPRM) before final rulemaking.
In accordance with these procedures, the State of North Dakota,
under authority of the Governor, requested the addition of one segment
to the National Network. The segment requested is
[[Page 71747]]
generally described as ND Highway 32 from the west junction of ND
Highway 13 north to Interstate 94, a distance of approximately 56
miles. The segment was reviewed by State and FHWA offices for general
adherence to the criteria of 23 CFR 658.9 and found to provide for the
safe operation of larger commercial vehicles and for the needs of
interstate commerce. A notice of proposed rulemaking (NPRM) listing
North Dakota's proposed change to the National Network was published on
May 18, 1998 (63 FR 27228). The closing date for comments was July 17,
1998.
Discussion of Comments
Only one comment was received. The Melroe Company supports the
request to include Highway 32 from the west junction of ND Highway 13
north to Interstate 94 in the National Network. This carrier has
operated double trailers for 13 years and sees the addition of Hwy 32
to the network as an opportunity to reduce the amount of travel by its
vehicles on 2-lane roads. Presently Melroe vehicles must travel 119
miles via North Dakota routes 13, 1, 11, and 281 to reach Interstate 94
via National Network routes. The addition of ND route 32 will reduce
the travel from Gwinner to Interstate 94 to 54 miles, a reduction of 65
miles per trip.
Modifications of the National Network
Overall we find that the record here, including the information
introduced by the State of North Dakota together with comments
submitted by the Melroe Company, supports the addition of the involved
segment of Highway 32 to the National Network for purposes of enhanced
safety, convenience, and support of interstate commerce. Accordingly,
the FHWA will modify the regulations at 23 CFR Part 658 by adding the
requested route for North Dakota.
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory Planning and 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 E.O. 12866, nor is
it considered significant under the regulatory policies and procedures
of the DOT. It is anticipated that the economic impact of this
rulemaking will be minimal. This rulemaking provides a technical
amendment to 23 CFR 658, adding a certain highway segment in accordance
with statutory provisions. This segment represents a very small portion
of the National Network and has a negligible impact on the prior
system. Therefore, a full regulatory evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this rule on small
entities. As noted previously, this rulemaking provides a technical
amendment to 23 CFR 658, adding a certain highway segment in accordance
with statutory provisions. This segment represents a very small portion
of the National Network and has a negligible impact on the prior
system. This rulemaking will allow motor carriers, including small
carriers, access to a highway segment previously not available to them.
Based on its evaluation of this rule, the FHWA certifies that this
action would not have a significant economic impact on a substantial
number of small entities.
Unfunded Mandates Reform Act
This rule does not impose unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rulemaking
relates to the Federal-aid Highway Program which is a financial
assistance program in which State, local, or tribal governments have
authority to adjust their program in accordance with changes made in
the program by the Federal government, and thus is excluded from the
definition of Federal mandate under the Unfunded Mandates Reform Act of
1995.
Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.217, Motor
Carrier Safety. The regulations implementing Executive Order 12372
regarding intergovernmental consultation on Federal Programs and
activities do not apply to this program.
Paperwork Reduction Act
This document does not contain information collection requirements
for the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, et seq.
National Environmental Policy Act
The agency has analyzed this action for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) and has
determined that this action would not have any effect on the quality of
the environment.
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
Grants programs--transportation, Highways and roads, Motor
carrier--size and weight.
Issued on: December 22, 1998.
Kenneth R. Wykle,
Federal Highway Administrator.
In consideration of the foregoing, the FHWA amends title 23, Code
of Federal Regulations, Chapter I, appendix A to Part 658 for the State
of North Dakota as set forth below:
PART 658--TRUCK SIZE AND WEIGHT, ROUTE DESIGNATIONS--LENGTH, WIDTH
AND WEIGHT LIMITATIONS
1. The authority citation for 23 CFR part 658 is revised to read as
follows:
Authority: 23 U.S.C. 127 and 315; 49 U.S.C. 31111--31114; 49 CFR
1.48.
2. Appendix A to Part 658 is amended for the State of North Dakota
by adding a new route listing entry after the listing for ND 13, ND 1
S. Jct., MN State Line to read as follows:
Appendix A to Part 658--National Network--Federally-Designated
Routes
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[[Page 71748]]
North Dakota
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Route From To
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ND 32......... West Junction of ND Highway 13........... I-94
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[FR Doc. 98-34636 Filed 12-29-98; 8:45 am]
BILLING CODE 4910-22-P