skip to main content

H.R. 11372 (93rd): An Act to conserve energy on the Nation’s highways.

The text of the bill below is as of Jan 2, 1974 (Passed Congress).

1046                                   PUBLIC LAW 93-239-JAN. 2, 1974                      [87   STAT.

                         Sf:c. 744. Appropriations for the current fiscal year for operation
                     and maintenance of the active forces shall be available for medical and
                     dental care of personnel entitled thereto by law or regulation (includ-
                      ing charges of private facilities for care of military personnel, except
                     elective private treatment); welfare and recreation; hire of passenger
                     motor vehicles; repair of facilities; modification of personal property;
                     design of vessels; industrial mobilization; installation of equipment in
                     public or private plants; militarj^ communications facilities on mer-
                     chant vessels; acquisition of services, special clothing, supplies, and
                     ecjuipment; and expenses for the Keserve Officers' Training Corps and
                     other units at educational institutions.
of funds.               SKC. 745, No part of the funds in this Act shall be available to pre-
                     pare or present a request to the Committees on Appropriations for
                     tlie reprograming of funds, unless for higher priority items, based on
                     unforeseen military requirements, than those for Avhicli originally
                     appropriated and in no case where the item for which reprograming
                     is requested has been denied by the Congress.
  Petroleum fuels
to Southeast            SKO. 740. Xone of the funds contained in this Act shall be used to
Asia.                furnish petroleum fuels produced in the continental United States to
                     Southeast Asia for use by non-United States naticmals.
                                                    TITLE VIII
                                        DEPEXSE MAN^POWER C O M > t I S S I O X

                        There is hereby appropriated the sum of $400,000 to tlie Defense
                     Manpower Connnission for use in carrying out the proxisions of title
                     V I I of the Department of Defense Appropriation Authorization Act,
 Ante, p . 609.      1074.
 Short t i t l e .      This Act mav be cited as the ''Department of Defense .Vppropria-
                     tion Act, 1974"'.'
                        Approved January 2, 1974. ,

                     Public Law 93-239
 January 2, 1974                                             AN ACT
   [H. R.11372]
                                     'l\» i'i>tisorv<' i^nergy on the Nation's highways.
                        /Je It ii'iuivted by the /Senate and House of Representatives of the
  Emergency High-    United States of America in Congress assembled^ That this Act be cited
way Energy Con-
servation Act.       as the "Emergency Highway Energy Conservation Act".
                        SEC. 2. (a) The purpose of this section is to conserve fuel during
                     periods of current and inmiinent fuel shortages through the establish-
                     ment of a national maximum highway speed limit.
 National maxi-         (b) After the sixtieth day after the date of enactment of this Act,
mum speed limit.
                     the Secretary of TT-ansportation shall not appi-ove any project under
  72 Stat. 892;      section 10<) (if title 2:J of the United States Code in any State which
84 Stat. 1717,
                     lias (1) a maxiinuiii speed limit on any public highway within its
                     jurisdiction in excess of 55 miles per hour, and (2) a speed limit for all
                     types of motor vehicles other than 55 miles per hour on any portion
                     of any public highway within its jurisdiction of four or more traffic
                     lanes, the o[)p()sing lanes of which are physically separated by means
                     other than stripijig, which portion of highway had a speed limit for all
                     types of motor vehicles of 55 miles, or more, per hour on Novem-
                     ber 1, 1J)7''5, and (;}) a si)eed limit on any other jjortion of a public
                     highway within its jurisdiction which is not uniformly applicable to
                     all tyi)es of motor veliich s using such portion of highway, if on Novem-
                     ber 1, 1978, such portioji of higliAvay had a speed limit which was
                     uniformly applicable to all types of motor vehicles using it. A lower

87 STAT.] PUBLIC LAW 93-239-JAN. 2, 1974 1047 speed limit may be established for any vehicle operating imder a special permit because of any weight or dimension of such vehicle, including any load thereon. Clauses (2) and (8) of this section shall not api)ly to any portion of a highway during such time that the con- dition of the highway, weather, an accident, or other condition creates a temporary hazard to the safety of traffic on such portion of a highway. (c) ( i ) For the purposes of this section the terms "highway*' and Definitions. "State" shall have the same meanings as in section 101 of title 23, Ignited States Code. 72 Stat. 885; 74 Stat. 415. (2) As used in this Act. the term "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) Notwithstanding the provisions of section 120 of title 23, United States (^ode, siuns apportioned to any State under section 72 Stat. 898; 84 Stat. 1731. 104 of title 23, ITnited States Code, shall be available to pay the entire Ante, pp. 254, cost of any modification of the signing of the Federal-aid highways for 256, 257, 292. which such sums are apportioned within such State due to a reduction in speed limits to conserve fuel if such change in signing occurs or has occurred after Xovember 1,1973. Termination (e) This section shall cease to be in effect (1) on and after the date date. on which the President declares that tliere is not a fuel shortage requiring the application of this Act, or (2) on and after June 30, 1975, whichever date first occurs. (f) The re(|uirements of this section shall be deemed complied with by administrative action lawfully taken by the Governor or other appropriate State official that complies with this section. SKC. 3. (a) To conserve fuel, decrease traffic congestion during rush Carpools, dem- onstration proj- hours, impi'ove air cpiality, and enhance the use of existing highways ects. and parking facilities, the Secretary of Transportation is authorized to appi'ove demonstration projects designed to encourage the use of carpools in urban areas. (b) Proposals shall be originated by local officials and submitted by the State in accordance with the i)rovisions of section 105(d) of title 23, United States Code. The Secretary of Transportation shall ap- Ante, p . 25J prove for funding those projects which offer reasonable prospects of achieving the objectives set forth in subsection (a) of this section. (c) A project may include.^, but not be limited to, such measures as systems for locating potential liders and informing them of con- venient carpool opi)oi"tunities, designating existing highway lanes as preferential carpool highway laiu^s or shared bus and carpool lanes, providing related traffic control devices, and designating existing publi<'ly owned facilities foi- use as preferential parking for carpools. (d) A proje<!t authorized by this section shall be subject to, and carried out in accordance with all of the provisions of chapter 1 of title 23, United States Code, applicable to highway projects, except 72 Stat. 885; Ante, p . 261. that the Fedei-al share of such project shall be 90 per centum, the 23 u s e 101. Federal share shall not exceed $1,000,000 for any single project, and F e d e r a l share. only funds apportioned under section 104:(b) (3) and (6) of such title shall be available to carry out projects authorized by this section. 77 Stat. 276; Ante, p . 256. The Secretary shall not approve any project under this section after Termination December 31,1974. date.
1048 PUBLIC LAW 93-239-JAN. 2, 1974 [87 STAT. (e) Tlie Secret_ary of Transportation sliall conduct a full investiga- tion of the effectiveness of measures employed in the demonstration study. proiects authorized by subsection (a) of this section. In addition, he shall, in cooperation witli the Internal Revenue Sei'vice, the Environ- mental Protection Agency, and other appropriate Federal and State agencies, study other measures, including but not limited to tax and other economic incentives, which might lead to significant increases in carpool ridershij) in urban areas throughout tlie country, and shall identify any institutional or legal barriere to such measures and the Report to Con- costs and benefits of such measures. He shall report to the Congress gress. not later than December 31,1974, his findings, conclusions, and recom- mendations resulting from such in^-estigation and study. Funds 72 Stat, 913; authorized"to carry out section 807 of title 23, United States Code, are Ante, p. 276. authorized to be used to carry out the investigation and study author- ized by this subsection. SE€. 4. Section (501 (d) of the Federal Aviation Act of 1958, as 84 Stat. 1619, 1705. amended (49 U.S.C. 1421) is amended to read as follows: " K M K R O E X C Y LOCA'lOR TRAXS]VHTTKKS ' ' ( d ) ( l j Except with respect to aircraft described in jparagraph (2) of this subsection, minimum standards pursuant to this section shall include a requirement that emergency locator transmitters shall 1)6 installed— "(A) on any fixed-wing, powered civil aircraft for use in air commerce the manufacture of which is completed, or which is imported into the United States, after one year following the (late of enactment of this subsection; and "(B) on any fixed-wing, powered civil aircraft used in air commerce after three years and six months following such date. " (2) The provisions of this subsection shall not apply to: " (A) TuI'bojet-powerod aircra ft; "(B) Aircraft while engaged in scheduled flights by scheduled air carriei'S certificated by the Board; "(C) Aircraft while engaged in training operations con- ducted entirely within a fifty-mile radius of the airport from which such local flight operations began; "(D) Aircraft while engaged in flight operations incident to design and testing; "(E) New aircraft while engaged in flight operations incident to their manufacture, preparation, and delivery; "(F) Aircraft while engaged in flight operations incident to the aerial application of chemicals and other substances for agricul- tural purposes; "(G) Aircraft ceitificated by the Administrator for research and development purposes; ,< "(H) Aircraft while used for showing compliance with regula- tions, crcAv training, exhibition, air racing, or market iurveys; and « "(I) Aircraft equipped to carry not more thlin one person.-'. Approved January 2, 1974. .<!