[Federal Register Volume 63, Number 17 (Tuesday, January 27, 1998)]
[Rules and Regulations]
[Pages 3811-3812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1888]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration
National Highway Traffic Safety Administration

23 CFR Part 1260

[NHTSA-97-3196]
RIN 2125-AE17


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of 1995 repealed the National Maximum Speed Limit (NMSL) Compliance 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. All possible delay periods have now passed. This Final Rule 
provides that 23 CFR part 1260, which contains the procedures for 
implementing the NMSL, is now rescinded.

EFFECTIVE DATE: January 27, 1998.

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, Garrett Morford, Police Traffic 
Services Division, 202-366-9790; 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 that 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, that 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 in which the 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. Five States decided 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 those five 
States, it remained in effect until the 60th day following the date on 
which the legislature of that State next convened.
    The agencies published a final rule in the Federal Register on 
March 20, 1996, 61 FR 11305, which rescinded the regulation for all 
States except the five which had delayed the effective date until after 
their legislatures next convened. That final rule added an 
applicability section to Part 1260 (section 1260.4), making the 
regulation applicable only to those five States. In addition, sections 
of the regulation that pertained to speed monitoring, certification 
requirements and compliance standards were deleted from the regulation 
because they were no longer applicable to any State. This removed the 
information collection requirement for all States at that time.
    The expiration of the 60-day period has now occurred for all 
States. Since Part 1260 no longer applies to any State, the regulation 
is being rescinded in its entirety.

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

[[Page 3812]]

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) had approved the 
information collection requirements associated with 23 CFR part 1260 
(OMB Clearance No. 2125-0027). By rescinding all of part 1260, the 
information collection requirement, as that term is defined by OMB in 5 
CFR part 1320, remains at 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 rescinded 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 rescission of the agencies' speed limit 
compliance regulations is mandated by 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 States, all Federal speed limit provisions are terminated. 
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 removed.

    Issued on: January 12, 1998.
Kenneth R. Wykle,
Administrator, Federal Highway Administration.

Ricardo Martinez,
Administrator, National Highway Traffic Safety Administration.
[FR Doc. 98-1888 Filed 1-26-98; 8:45 am]
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