[Federal Register Volume 61, Number 55 (Wednesday, March 20, 1996)]
[Rules and Regulations]
[Pages 11305-11306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6485]



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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration
National Highway Traffic Safety Administration

23 CFR Part 1260

[Docket No. 96-06; Notice 1]
RIN 2125-AD77


Certification of Speed Limit Enforcement

AGENCY: Federal Highway Administration (FHWA) and National Highway 
Traffic Safety Administration (NHTSA), Department of Transportation.

ACTION: Final rule.

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SUMMARY: Section 205(d) of the National Highway System Designation Act 
of 1995 repealed the National Maximum Speed Limit (NMSL) Compliance 
Program. It made the repeal effective on December 8, 1995, but provided 
that the Governors of certain States could delay the effective date of 
the repeal. This Final Rule provides that 23 CFR Part 1260, which 
contains the procedures for implementing the NMSL, is now applicable 
only to those States whose Governor delayed the effective date of the 
repeal of the NMSL. In effect, the regulation is rescinded for all 
other States. This Final Rule also rescinds the provisions of Part 1260 
concerning speed monitoring, certification requirements and compliance 
standards.

EFFECTIVE DATE: March 20, 1996.

FOR FURTHER INFORMATION CONTACT: In FHWA, Janet Coleman, Office of 
Highway Safety, 202-366-4668; or Raymond W. Cuprill, Office of the 
Chief Counsel, 202-366-1377. In NHTSA, J. Michael Sheehan, Police 
Traffic Services Division, 202-366-4295; or Heidi L. Coleman, Office of 
the Chief Counsel, 202-366-1834.

SUPPLEMENTARY INFORMATION:

Background

    The 55 mph National Maximum Speed Limit (NMSL) was first instituted 
in 1974 as a temporary conservation measure in response to the oil 
embargo imposed by certain oil-producing nations. Because of the 
reduction in traffic fatalities that accompanied the institution of the 
speed limit, it was made permanent in 1975.
    In 1978, Congress amended the law to require that, in addition to 
posting and enforcing the speed limit, States would have to achieve 
specific levels of compliance. In April 1987, Congress passed 
legislation which allowed States to post 65 mph maximum speed limits on 
rural Interstate highways. In December 1987, the President approved 
legislation enacting a limited demonstration program, which allowed the 
posting of speed limits as high as 65 mph on certain rural non-
Interstate highways through the end of FY 1991.
    The Intermodal Surface Transportation Efficiency Act of 1991 
(ISTEA) made the demonstration program permanent, and allowed other 
rural non-Interstate highways that were not a part of the demonstration 
program to be posted at the 65 mph speed limit, provided they met 
certain criteria.
    ISTEA also required the Secretary of Transportation to publish a 
rule to establish speed limit compliance requirements on 65 mph roads, 
in addition to 55 mph roads, and to include a formula for determining 
compliance by the States.
    FHWA and NHTSA had shared responsibility for the implementation of 
the NMSL compliance program since 1980. To implement this program and 
the requirements of ISTEA, the agencies promulgated a joint regulation, 
23 CFR Part 1260.
    On November 28, 1995, the President signed into law the National 
Highway System Designation Act of 1995 (NHS Act). Section 205(d) of the 
NHS Act repealed the NMSL compliance program, as set forth in 23 U.S.C. 
Secs. 141(a) and 154.
    The NHS Act made the repeal effective on December 8, 1995, but 
provided some States with an option to delay this effective date. In 
any State whose legislature was not in session on November 28, 1995, 
the Governor could declare, before December 8, 1995, that the 
legislature was not in session and that the State preferred to delay 
the effective date until after the State's legislature next convenes. 
In accordance with the NHS Act, such a declaration would delay the 
effective date of the repeal of the NMSL until the 60th day following 
the date on which the legislature next convenes. The agencies are aware 
of five States that have chosen to exercise the option: Kansas, 
Louisiana, Mississippi, Missouri and Ohio.
    Accordingly, as provided in the NHS, on December 8, 1995, the NMSL 
was repealed for all States other than these five States. In these five 
States, it remains in effect until the 60th day following the date on 
which the legislature of that State next convenes.
    This final rule adds an applicability section to Part 1260 (section 
1260.4), making the regulation applicable only to these five States. By 
adding this section, the agencies in effect rescind the regulation for 
all other States.
    While Part 1260 will continue to apply to these five States, the 
agencies have decided to rescind the sections of the regulation that 
pertain to speed monitoring, certification requirements and compliance 
standards (sections 1260.9, 1260.11, 1260.13, 1260.15, 1260.17, 1260.19 
and 1260.21). This recision will greatly reduce the regulatory burden 
on these States. The section of the regulation that pertains to the 
adoption of the NMSL (1260.7) will remain in effect. Conforming changes 
have been made to other sections of the regulation (1260.1, 1260.3 and 
1260.5).
    Once the legislature has convened in each of these five States, and 
60 additional days have passed, the NMSL will be repealed for each 
State. The agencies plan to rescind 23 CFR Part 1260 in its entirety 
upon the expiration of the 60-day period for the last State.

[[Page 11306]]

Regulatory Analyses and Notices

Civil Justice Reform

    This final rule will not have any preemptive or retroactive effect. 
It imposes no requirements on the States, but rather removes regulatory 
obligations that are no longer authorized by statute.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The agencies have analyzed the effect of this action and determined 
that it is not significant within the meaning of Executive Order 12866 
or of Department of Transportation regulatory policies and procedures. 
This final rule imposes no additional burden on the public. Regulatory 
obligations have been removed since they are no longer authorized by 
statute. Therefore, a regulatory evaluation is not required and was not 
prepared.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act, the agencies 
have evaluated the effects of this action on small entities. Based on 
the evaluation, we certify that this action will not have a significant 
economic impact on a substantial number of small entities. Accordingly, 
the preparation of a Regulatory Flexibility Analysis is unnecessary.

Paperwork Reduction Act

    The Office of Management and Budget (OMB) has approved the 
information collection requirements associated with 23 CFR Part 1260 
(OMB Clearance No. 2125-0027). By rescinding the sections of Part 1260 
that pertain to speed monitoring, certification requirements and 
compliance standards, the information collection requirement, as that 
term is defined by OMB in 5 CFR Part 1320, has been reduced by 93,024 
reporting hours, to zero.

National Environmental Policy Act

    The agencies have analyzed this action for the purpose of 
compliance with the National Environmental Policy Act and have 
determined that it will not have a significant effect on the human 
environment.

Executive Order 12612 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612. There are no federalism 
implications pursuant to Executive Order 12612 since regulatory 
obligations are being suspended because they are no longer authorized 
under current law. Under these circumstances, the preparation of a 
Federalism Assessment is not warranted.

Notice and Comment

    The agencies find that prior notice and opportunity for comment are 
unnecessary under 5 U.S.C. 553(b)(3)(B) because the agencies are not 
exercising discretion in a way that could be meaningfully affected by 
public comment. Instead, this repeal of the agencies' speed limit 
compliance regulations is mandated by the repeal of the NMSL compliance 
program in Section 205(d) of the NHS Act. Therefore, notice and 
opportunity for comment are not required under the regulatory policies 
and procedures of the Department of Transportation.
    In addition, good cause exists to dispense with the 30-day delayed 
effective date requirement of 5 U.S.C. 553(d) because this final rule 
``grants or recognizes an exemption or relieves a restriction'' in 
accordance with 5 U.S.C. 553(d)(1). In repealing the NMSL regulation 
for all but five States, this action lifts Federal speed limit 
provisions and enables these States to make their own decisions as to 
appropriate speed limits. Consequently, the agencies are proceeding 
directly to a final rule which is effective upon its date of 
publication.

List of Subjects in 23 CFR Part 1260

    Grant programs--transportation, Highway and roads, Motor vehicles, 
Traffic regulations.
    In consideration of the foregoing, Part 1260 of Title 23, Code of 
Federal Regulations, is amended as follows:

PART 1260--[AMENDED]

    1. The authority citation for Part 1260 is revised to read as 
follows:

    Authority: Pub. L. 104-59, Stat. 577 and 23 U.S.C. 118, 141, 
154, 315; delegation of authority at 49 CFR 1.48 and 1.50.

    2. Section 1260.1 is revised to read as follows:


Sec. 1260.1  Purpose.

    The purpose of this part is to implement the provisions of 23 
U.S.C. 154 as amended by the National Highway System Designation Act of 
1995 relating to the adoption of the National Maximum Speed Limit.
    3. Section 1260.3 is revised to read as follows:


Sec. 1260.3  Objective.

    The objective is to maintain the fund transfer provisions for 
noncompliance with the National Maximum Speed Limits until 60 days 
after each State's legislature next convenes.
    4. A new Sec. 1260.4, is added to read as follows:


Sec. 1260.4  Applicability.

    This part applies to each State only until the 60th day after the 
first date after December 8, 1995, on which the legislature in such 
State convenes.
    5. Section 1260.5 is revised to read as follows:


Sec. 1260.5  Definitions.

    As used in this part:
    (a) Highway means all streets, roads or parkways under the 
jurisdiction of a State, including its political subdivisions, open for 
use by the general public, and including toll facilities.
    (b) Interstate System means the Interstate System as is described 
in 23 USC 103(e).
    (c) Motor vehicle means any vehicle driven or drawn by mechanical 
power manufactured primarily for use on public highways, except any 
vehicle operated exclusively on a rail or rails.
    (d) National Maximum Speed Limits mean the speed limits provided 
for the highways described in Section 1260.7 of this Part.
    (e) State means the States in which the legislature was not in 
session on November 28, 1995, and the Governor of the State declared, 
before December 8, 1995, that the legislature was not in session and 
that the State prefers to delay the effective date of the repeal of the 
National Maximum Speed Limits until after the State's legislature next 
convenes.


Secs. 1260.9, 1260.11, 1260.13, 1260.15, 1260.17, 1260.19, 1260.21 and 
Appendix to Part 1260  [Removed]

    6. Sections 1260.9, 1260.11, 1260.13, 1260.15, 1260.17, 1260.19 and 
1260.21, and the Appendix to Part 1260, are removed.

    Issued on: March 13, 1966.
Rodney E. Slater,
Administrator, Federal Highway Administration.
Ricardo Martinez,
Administrator, National Highway Traffic Safety Administration.
[FR Doc. 96-6485 Filed 3-19-96; 8:45 am]
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