in-20250514-IR-105250275INA: DIVISIBLE LOAD PERMITS

TITLE 105 INDIANA DEPARTMENT OF TRANSPORTATION Notice of Public Comment Period For Interim Rule LSA Document #25-275 DIVISIBLE LOAD PERMITS PURPOSE OF NOTICE The Indiana Department of Transportation (INDOT) is soliciting public comment on rules to be temporarily added regarding overweight divisible load permit fees. INDOT seeks comment on the affected citations listed and any other provisions of Title 105 that may be affected by this rulemaking. ADDITIONAL DOCUMENTS Governor's Approval: 20250514-IR-105250275GAA Regulatory Analysis: 20250514-IR-105250275RAA CITATIONS AFFECTED: 105 IAC 10-4 AUTHORITY: IC 8-23-2-6; IC 9-20-6-2.2 OVERVIEW Basic Purpose and Background The proposed interim rule adds a permit fee schedule for overweight divisible load permits. On February 19, 2025, INDOT initiated rulemaking to add rules at 105 IAC 10-4 to establish a permit fee schedule for overweight divisible load permits. INDOT held a public hearing March 21, 2025, and received public comments. INDOT has a second hearing scheduled for May 23, 2025. Under IC 4-22-2-19.6, the deadline by which to have the divisible load permit fee in rule is June 30, 2025. INDOT anticipates the regular rulemaking will be completed before August 21, 2025. The use of interim rulemaking procedures is necessary under IC 4-22-2-37.2(b) to allow INDOT to charge divisible load permit fees until the new rule becomes effective. Statement Justifying Requirement or Cost Pursuant to House Enrolled Act (HEA) 1190, effective July 1, 2021, which modified permitting for overweight divisible loads, INDOT filed an emergency rule October 8, 2021, to amend 105 IAC 10-4-3. HEA 1190 added IC 9-20-6-2.2(h), which required INDOT to increase the fees charged for overweight divisible loads based on the Joint Transportation Research Program publication No. FHWA/IN/JTPR-2014/14. The rule aligns the rule with IC 9-20-6-2.2. REQUEST FOR PUBLIC COMMENT INDOT is soliciting public comment on the proposed interim rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time stamped not later than June 13, 2025. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis and Statement Justifying Requirement or Cost, and materials incorporated by reference (if applicable) are on file at the Indiana Department of Transportation, 100 North Senate Avenue, Room N758, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis and Statement Justifying Requirement or Cost are available at the Indiana Department of Transportation office. PROPOSED INTERIM RULE Example of Total Permit Fee Calculation For an overweight vehicle with a calculated ESAL value of 4.0 that is going to travel 250 miles: = $20 administrative fee + ($0.25/ESAL mile) × (4.0 ESALs - 2.4 ESAL credit) × 250 miles Simplifying 4.0 - 2.4 = 1.6 = $20 administrative fee + ($0.25/ESAL mile) × (1.6 ESALs) × 250 miles Simplifying .25 × 1.6 × 250 = 93.75 = $20 + $93.75 = $113.75 = $114 (rounded up)