An Act to conserve energy on the Nation's highways.
PL 93-239 (H.R.11372), enacted 01/02/1974

1046 
PUBLIC LAW 93-239-JAN. 2, 1974 
[87 STAT. 
Reprogramming 
of funds. 
Petroleum fuels 
to Southeast 
Asia. 
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. 
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. 
SKO. 740. Xone of the funds contained in this Act shall be used to 
furnish petroleum fuels produced in the continental United States to 
Southeast Asia for use by non-United States naticmals. 
TITLE VIII 
Ante, p. 609. 
Short title. 
DEPEXSE MAN^POWER COM>tISSIOX 
There is hereby appropriated the sum of $400,000 to tlie Defense 
Manpower Connnission for use in carrying out the proxisions of title 
VII of the Department of Defense Appropriation Authorization Act, 
1074. 
This Act mav be cited as the ''Department of Defense .Vppropria-
tion Act, 1974"'.' 
Approved January 2, 1974. , 
January 2, 1974 
[H. R.11372] 
Public Law 93-239 
AN ACT 
'l\» i'i>tisorv<' i^nergy on the Nation's highways. 
Emergency High-
way Energy Con-
servation Act. 
National maxi-
mum speed limit. 
72 Stat. 892; 
84 Stat. 1717, 
1737. 
/Je It ii'iuivted by the /Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act be cited 
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. 
(b) After the sixtieth day after the date of enactment of this Act, 
the Secretary of TT-ansportation shall not appi-ove any project under 
section 10<) (if title 2:J of the United States Code in any State which 
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 
"State" shall have the same meanings as in section 101 of title 23, 
Ignited States Code. 
(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 
104 of title 23, ITnited States Code, shall be available to pay the entire 
cost of any modification of the signing of the Federal-aid highways for 
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. 
(e) This section shall cease to be in effect (1) on and after the 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 
hours, impi'ove air cpiality, and enhance the use of existing highways 
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-
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 
that the Fedei-al share of such project shall be 90 per centum, the 
Federal share shall not exceed $1,000,000 for any single project, and 
only funds apportioned under section 104:(b) (3) and (6) of such 
title shall be available to carry out projects authorized by this section. 
The Secretary shall not approve any project under this section after 
December 31,1974. 
Definitions. 
72 Stat. 885; 
74 Stat. 415. 
72 Stat. 898; 
84 Stat. 1731. 
Ante, pp. 254, 
256, 257, 292. 
Termination 
date. 
Carpools, dem-
onstration proj-
ects. 
Ante, 
p. 25J 
72 Stat. 885; 
Ante, 
p. 261. 
23 u s e 101. 
Federal share. 
77 Stat. 276; 
Ante, p. 256. 
Termination 
date. 
1048 
PUBLIC L
A
W 93-239-JAN. 2, 1974 
[87 STAT. 
study. 
Report to Con-
gress. 
72 Stat, 913; 
Ante, 
p. 276. 
84 Stat. 1619, 
1705. 
(e) Tlie Secret_ary of Transportation sliall conduct a full investiga-
tion of the effectiveness of measures employed in the demonstration 
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 
costs and benefits of such measures. He shall report to the Congress 
not later than December 31,1974, his findings, conclusions, and recom-
mendations resulting from such in^-estigation and study. Funds 
authorized"to carry out section 807 of title 23, United States Code, are 
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 
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)(lj 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. 
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