[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of 1995 repealed the National Maximum Speed Limit (NMSL) Compliance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 In effect, the regulation is rescinded for all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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