APPENDIX B

MAASTO Memorandum of Understanding

MEMORANDUM OF UNDERSTANDING
Agreement to Create MAASTO Emergency Divisible Load Management (EDLM)

This Memorandum of Understanding (MOU) is made and entered into by and among the Illinois Department of Transportation, Indiana Department of Transportation, Iowa Department of Transportation, Kansas Department of Transportation, Kentucky Transportation Cabinet, Minnesota Department of Transportation, Michigan Department of Transportation, Missouri Department of Transportation, Ohio Department of Transportation, and the Wisconsin Department of Transportation (hereinafter referred to as “Partners,” or in the singular, “Partner”).

WHEREAS, the Mid America Association of Transportation Officials (“MAASTO”) is the Midwest transportation organization to the America Association of State Highway and Transportation Officials (“AASHTO”), a nonprofit, nonpartisan association representing highway and transportation departments. The goal of MAASTO is to foster the development, operation, and maintenance of an integrated and balanced transportation system that adequately serves the transportation needs of the state Partners.

WHEREAS, freight movement in the MAASTO region’s freight corridors is a critical component of the economy and our everyday lives. Operating 24 hours per day, over six billion dollars’ worth of goods move across MAASTO region’s freight corridors each year. Over seventy percent of the total freight value of all modes is moved by trucks, with a minimum of fifty percent and a high of eighty percent of the freight value carried by trucks. By weight, sixty-six percent of all tonnage is moved on trucks across the MAASTO States.

WHEREAS, the nation’s freight corridors connect our communities, our homes, and our economy. Within three miles of the major freight corridors reside fifty-six percent of all businesses, and sixty-three percent of all employees. These critical corridor connections heighten the importance of uninterrupted freight service.

WHEREAS, the COVID pandemic, extreme flooding and other disasters have demonstrated the critical importance of a robust and resilient freight system to deliver life-saving and sustaining relief supplies. With the urgency of the disaster and related impacts to the logistics sector, the special permitting of larger divisible loads allows for more rapid deployment of critical relief supplies to reach the needed communities.

WHEREAS, in response to this critical need for rapid and full response during a disaster, the Robert T. Stafford Disaster Relief and Emergency Assistance Act (hereinafter referred to the “Stafford Act”), (PL 100-107, signed into law November 23, 1988; amended the Disaster Relief Act, 1974, PL 94-288) allows the President to declare Major Disasters.

WHEREAS, during these disasters, States are authorized to issue special permits during periods of Major Disaster permits under Section 1511 of the Moving Ahead for Progress in the 21st Century Act (“Map-21“) for freight movements on the interstate system.

WHEREAS, special permits issued under Section 1511 of MAP-21 for freight movements on the interstate system and will expire not later than 120 days after the date the President declares a Major Disaster.

WHEREAS, the ability to efficiently transport critical emergency divisible loads to impacted areas may be slowed by road and bridge limitations, truck and operator considerations, and varying regulations across the region.

WHEREAS, the potential for delay related to possible divergent regulations may require immediate coordination by these states during times of Major Disasters to allow expedited delivery of relief supplies.

WHEREAS, uniformity of expanded truck weights for these disasters supports the rapid and efficient delivery of relief supplies.

WHEREAS, the states herein are desirous of a creating a framework for cooperation for the purposes of expedited movement of emergency supplies during Declared Major Disasters.

NOW THEREFORE, as leaders of our state departments of transportation, we express our mutual understanding and cooperative relationship as follows:

1. THAT the purpose of this MOU is to establish a minimum EDLM permitted weight that all ten (10) MAASTO States (individually described as “Partner” or in the plural, “Partners”) can agree to and adopt.
2. THAT each Partner may appoint and maintain one or more points of contact to represent the respective Partner for this effort, which contacts will be distributed as part of this MOU via electronic communication. Each Partner may change its own point(s) of contact at any time by notifying the other Partners in writing via electronic communication or U.S. mail.
3. THAT the Partners may refer to this effort as the “MAASTO EDLM Strategy”.
4. THAT this MOU does not create any financial obligations.
5. THAT subsequent and pursuant to a Major Disaster declaration under the Stafford Act and corresponding State declaration this MOU creates a MAASTO region wide EDLM policy

1. expanding emergency interstate truck weights from 80,000 lbs. to a permitted weight of 88, 000 lbs. with no more than a 10% increase per axle, to the extent such weight increase is practicable.

   5.1. THAT this approach considers the critical and immediate need for relief supplies, the ability and desire of the trucking industry to increase emergency weights where possible, and the overweight permitting processes and engineering characteristics distinct to each State.

   5.2. THAT agency coordination with state and local governments during Declared Major Disasters is necessary to ensure permitted loads can safely reach the areas in need once off the interstate system.

   5.3. THAT permitting and bridge professionals from all ten (10) MAASTO States participated and agreed upon this approach to EDLM.

   5.4. THAT this agreement exists solely for the interstate system and is operative for the interstate system only.

   5.5. THAT the permitted weight of 88,000 lbs. with the 10% axle accommodation represents the base level for the region. States may allow heavier permitted weights and manage their permitting process as determined by that agency.

   5.6. THAT all existing laws, posted weight limits, and vehicle specifications remain regardless of EDLM permit status.

   5.7. THAT the expanded permitted weight for EDL management across the nation is expected to lead to additional efforts to harmonize and create regional efficiencies in logistics and freight movement.

   5.8. THAT each Partner enters into this MOU voluntarily as a department of transportation and not as a principal, agent or joint venture. Nothing in this MOU shall be construed as consent by any of the Partners to suit in courts of any of the undersigned states, nor does this MOU grant a waiver of the Partners individual sovereign immunity or rights under the Eleventh Article of Amendment to the Constitution of the United States. This MOU does not grant any rights to any party not herein undersigned. Nothing in this MOU shall be deemed to create or give rise to any right of action or any liability to any third party. claiming to have suffered a loss, damage or injury by virtue of any alleged action taken to comply with the terms of this MOU.

   5.9. THAT any change in this MOU, whether by modification or amendment, is only valid by a written agreement, signed by a duly authorized representative of each of the Partners, and

   5.10 THAT any party may, upon 30 days written notice to each of the other parties, amend, or discontinue its role outlined in the MOU. Because of this mutual desire to proceed, each Partner fully intends to make a good faith effort to achieve the goals described above including working together to find mutually beneficial solutions when problems arise.

IN WITNESS WHEREOF, the Partners have entered into this MOU on the date last written below.