During periods of national emergency, federal law allows states to issue special permits allowing transportation of emergency relief supplies in overweight vehicles notwithstanding divisibility of the loads. 23 U.S.C. s. 127(i)(1). Permits making use of this provision of federal law must expire not later than 120 days after the date of the national emergency declaration. 23 U.S.C. s. 127(i)(2). Transportation of debris is not permitted under the federal law.
Federal law also provides for increased weight limits for “emergency vehicles” that transport personnel and equipment and are supporting fire supression or mitigation of other hazardous situations. 23 U.S.C. s. 127(r).
Federal agencies have waived certain federal requirements for past emergencies, such as responding to Hurricane Katrina. This proposed rulemaking would allow the department to align more quickly with any waivers of federal laws, as well as coordinate with our neighboring states to help provide seamless border transitions for permit users.
Comparison with Rules in Adjacent States:
Illinois.
Illinois Code Section 625 ILCS 5/15-101(b) allows oversize/overweight vehicles to be operated by special permit in excess of generally applicable Illinois weight limits. No emergency declaration is required. State officials advise they issue emergency divisible load special permits to allow overweight transportation in response to emergencies. The permits specify the routes of travel permitted and directs permit holders around size or weight-restricted structures and roadways. Public utility vehicles are simply exempt from weight limits when transporting equipment required for emergency repair of public utility facilities, properties or water wells. 625 ILCS 5/15-111(a)(4).
Iowa.
Iowa generally prohibits transportation of divisible loads in excess of statutory weight limits. IA Stat. s. 321E.2.1. Iowa allows divisible loads to be transported above those weight limits under permits related to disaster relief activities. IA Stat. s. 321E.29. Permits are issued by the authority with jurisdiction over the highway(s) over which operation is allowed.
Iowa officials advise that state practice is to issue permits only if authorized by a Governor’s emergency declaration that suspends the regulatory provisions of lowa Code §§ 321.463(6) (a) and (b) and 321E.29 and Iowa Admin. Code chapter 7 61-511, to the extent those provisions restrict the movement of loads related to disaster relief. The Governor has authority under Iowa Code 29C.6 to issue a proclamation of disaster emergency which lasts 30 days, unless sooner terminated or extended in writing by the governor.
Michigan.
Michigan allows oversize/overweight vehicles to be operated by permit in order to mitigate issues related to public emergencies; however, the law simply requires “a written application and good cause being shown” and is not restricted to emergencies. Michigan Compiled Law Section 257.725(1) states: “Upon receipt of a written application and good cause being shown, a jurisdictional authority may issue a written special permit authorizing an applicant to operate upon or remove from a highway maintained by that jurisdictional authority a vehicle or combination of vehicles that are any of the following: a. Of a size, weight, or load exceeding the maximum specified in this chapter; b. Otherwise not in conformity with this chapter.” An expiration date must be included in the permit. MI Stat. s. 257.725(4). Minnesota.
Minnesota oversize/overweight permitting is regulated by statute; there is no administrative rule specific to oversize/overweight permits to dictate process/decisions. Minnesota allows oversize/overweight vehicles to be operated by permit during public emergencies. The Minnesota commissioner of transportation has broad oversize/overweight permit issuing authority under Minnesota Statutes section 169.86, including authority to allow divisible loads to be transported in excess of statutory weight limits on highways under state jurisdiction. Local authorities must permit operations on highways under their jurisdiction. Authority is not limited to emergencies, specific materials or commodities and does not limit the commissioner’s authority with respect to permitting operation of divisible loads above statutory weight limits as part of an emergency response. The law simply requires “upon application in writing and good cause being shown therefore.” The focus is to protect the public from an imminent threat to health and safety.
Summary of the Factual Data and Analytical Methodologies:
The proposed modifications are not based on data analysis. The department’s anecdotal experience in responding to emergency situations has revealed a need for flexibility in responding to the pressing needs associated with natural disasters and other emergencies.
Analysis Regarding Rule’s Effect on Small Businesses:
Implementation of the proposed changes is anticipated to have an overall minimal to no impact to small businesses and industries in Wisconsin. The changes will allow the department to be able to quickly facilitate the movement of essential goods and services and respond to the ongoing needs of industries during emergency situations. Businesses may individually decide whether they need to apply for the emergency permits to meet their business needs. The proposed rule merely provides another option for business and industry to move essential goods and services. Additionally, this proposed rulemaking would allow the department to align more quickly with any waivers of federal laws, as well as coordinate with our neighboring states to help provide seamless border transitions for all permit users, including small businesses.
The agency contact person listed below is also the small business regulatory coordinator for this proposed rule. This proposed rule, fiscal estimate, and other related documents may be viewed at https://docs.legis.wisconsin.gov/code. Agency Contact Person:
Ehren Bittorf
State of Wisconsin Department of Transportation
Division of Transportation Systems Development
4822 Madison Yards Way, 3rd Floor South
Madison, Wisconsin 53705
Phone Number (608) 261-2573
Place Where Comments Should Be Submitted and Deadline: Comments may be submitted to the agency contact person listed above or through the Legislature’s Administrative Rules website http://docs.legis.wisconsin.gov/code until the deadline given in the forthcoming notice of public hearing. TEXT OF RULE
SECTION 1. Trans 230.01(3)(c)4. is created to read:
Trans 230.01(3)(c)4. Notwithstanding subd. 1. and subject to subd. 2. and 3., if the Governor declares an emergency under Ch. 323, Stats., the department may issue permits for transportation of loads or articles which could be reasonably divided at sizes or weights that exceed statutory size or weight limits if the loads or articles being transported are being shipped for the purpose of providing emergency relief goods or services or for removing debris from or restoring property damaged by a weather-related emergency. In authorizing the issuance of permits under this subdivision, the department shall consider the factors involved with the emergency and impacts to the highway infrastructure and safety to decide whether to issue permits under this subdivision, and the maximum length of time, not to exceed six months, for which emergency transportation under this subdivision is permitted. All permits issued under this subdivision are subject to the other conditions of this subsection, except sub. (3)(e)21., and may be cancelled if the department determines that the need for emergency transportation no longer exists. Permits issued under this subdivision may not authorize transportation on interstate highways except as allowed under federal law or waivers issued by the U.S. Department of Transportation. Note: During periods of national emergency, federal law allows states to issue special permits allowing transportation of emergency relief supplies in overweight vehicles notwithstanding divisibility of the loads. 23 U.S.C. s. 127(i)(1). Permits making use of this provision of federal law must expire not later than 120 days after the date of the national emergency declaration. 23 U.S.C. s. 127(i)(2). Transportation of debris is not permitted under the federal law.
Federal law also provides for increased weight limits for “emergency vehicles” that transport personnel and equipment and are supporting fire suppression or mitigation of other hazardous situations. 23 U.S.C. s. 127(r).
SECTION2: EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. (END OF RULE TEXT)
