[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR658.11]

[Page 281-282]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 658_TRUCK SIZE AND WEIGHT, ROUTE DESIGNATIONS_LENGTH, WIDTH AND 
 
Sec.  658.11  Additions, deletions, exceptions, and restrictions.

    To ensure that the National Network remains substantially intact, 
FHWA retains the authority to rule upon all requested additions to and 
deletions from the National Network as well as requests for the 
imposition of certain restrictions. FHWA approval or disapproval will 
constitute the final decision of the U.S. Department of Transportation.
    (a) Additions. (1) Requests for additions to the National Network, 
including justification, shall have the endorsement of the Governor or 
the Governor's authorized representative, and be submitted in writing to 
the appropriate FHWA Division Office. Proposals for addition of routes 
to the National Network shall be accompanied by an analysis of 
suitability based on the criteria in Sec.  658.9.
    (2) Proposals for additions that meet the criteria of Sec.  658.9 
and have the endorsement of the Governor or the Governor's authorized 
representative will be published in the Federal Register for public 
comment as a notice of proposed rulemaking (NPRM), and if found 
acceptable, as a final rule.
    (b) Deletions--Federal-aid primary--other than interstate. Changed 
conditions or additional information may require the deletion of a 
designated route or a portion thereof. The deletion of any route or 
route segment shall require FHWA approval. Requests for deletion of 
routes from the National Network, including the reason(s) for the 
deletion, shall be submitted in writing to the appropriate FHWA Division 
Office. These requests shall be assessed on the basis of the criteria of 
Sec.  658.9. FHWA proposed deletions will be published in the Federal 
Register as a Notice of Proposed Rulemaking (NPRM).
    (c) Requests for deletion--Federal-aid primary--other than 
interstate. Requests for deletion should include the following 
information, where appropriate:
    (1) Did the route segment prior to designation carry combination 
vehicles or 102-inch buses?
    (2) Were truck restrictions in effect on the segment on January 6, 
1983? If so, what types of restrictions?
    (3) What is the safety record of the segment, including current or 
anticipated safety problems? Specifically, is the route experiencing 
above normal accident rates and/or accident severities? Does analysis of 
the accident problem indicate that the addition of larger trucks have 
aggravated existing accident problems?
    (4) What are the geometric, structural or traffic operations 
features that might preclude safe, efficient operation? Specifically 
describe lane widths, sight distance, severity and length of grades, 
horizontal curvature, shoulder width, narrow bridges, bridge clearances 
and load limits, traffic volumes and vehicle mix, intersection 
geometrics and vulnerability of roadside hardware.
    (5) Is there a reasonable alternate route available?
    (6) Are there operational restrictions that might be implemented in 
lieu of deletion?
    (d) Deletions and use restrictions--Federal-aid interstate. (1) The 
deletion of, or imposition of use restrictions on, any specific segment 
of the Interstate Highway System on the National Network, except as 
otherwise provided in this part, must be approved by the FHWA. Such 
action will be initiated on the FHWA's own initiative or on the request 
of the Governor or the Governor's authorized representative of the State 
in which the Interstate segment is located. Requests from the Governor 
or the Governor's authorized representative shall be submitted along 
with justification for the deletion or restriction, in writing, to the 
appropriate FHWA Division Office for transmittal to Washington 
Headquarters.

[[Page 282]]

    (2) The justification accompanying a request shall be based on the 
following:
    (i) Analysis of evidence of safety problems supporting the deletion 
or restriction as identified in Sec.  658.11(c).
    (ii) Analysis of the impact on interstate commerce.
    (iii) Analysis and recommendation of any alternative routes that can 
safely accommodate commercial motor vehicles of the dimensions and 
configurations described in Sec. Sec.  658.13 and 658.15 and serve the 
area in which such segment is located.
    (iv) Evidence of consultation with the local governments in which 
the segment is located as well as the Governor or the Governor's 
authorized representative of any adjacent State that might be directly 
affected by such a deletion or restriction.
    (3) Actions to ban all commercial vehicles on portions of the 
Interstate System not excepted under Sec.  658.11(f) are considered 
deletions subject to the requirements of subsection (d) of this section.
    (4) Reasonable restrictions on the use of Interstate routes on the 
National Network by STAA-authorized vehicles related to specific travel 
lanes of multi-lane facilities, construction zones, adverse weather 
conditions or structural or clearance deficiencies are not subject to 
the requirements of paragraph (d) of this section.
    (5) Proposed deletions or restrictions will be published in the 
Federal Register as an NPRM, except in the case of an emergency deletion 
as prescribed in Sec.  658.11(e). The FHWA will consider the factors set 
out in paragraph (d)(2) of this section and the comments of interested 
parties. Any approval of deletion or restriction will be published as a 
final rule. A deletion of or restriction on a segment for reasons 
ascribable to dimensions of commercial motor vehicles described in 
either Sec.  658.13 or Sec.  658.15 shall result in a deletion or 
restriction for the purposes of both Sec. Sec.  658.13 and 658.15.
    (e) Emergency deletions. FHWA has the authority to delete any route 
from the National Network, on an emergency basis, for safety 
considerations. Emergency deletions are not considered final, and will 
be published in the Federal Register for notice and comment.
    (f) Exceptions. Those portions of the Interstate System which were 
open to traffic and on which all commercial motor vehicles were banned 
on January 6, 1983, are not included in the National Network.
    (g) Restrictions--Federal-aid primary--other than interstate. (1) 
Reasonable restrictions on the use of non-Interstate Federal-aid Primary 
routes on the National Network by STAA-authorized vehicles may be 
imposed during certain peak hours of travel or on specific travel lanes 
of multi-lane facilities. Restrictions related to construction zones, 
seasonal operation, adverse weather conditions or structural or 
clearance deficiencies may be imposed.
    (2) All restrictions on the use of the National Network based on 
hours of use by vehicles authorized by the STAA require prior FHWA 
approval. Requests for such restrictions on the National Network shall 
be submitted in writing to the appropriate FHWA Division Office. 
Approval of requests for restrictions will be contingent on the ability 
to justify significant negative impact on safety, the environment and/or 
operational efficiency.

[49 FR 23315, June 5, 1984, as amended at 53 FR 12148, Apr. 13, 1988]