[Federal Register: October 28, 2003 (Volume 68, Number 208)]
[Rules and Regulations]
[Page 61371-61372]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc03-19]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 71
[Docket No. OST-2003-15858]
RIN 2105-AD30
Standard Time Zone Boundary in the State of South Dakota:
Relocation of Jones, Mellette, and Todd Counties
AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).
ACTION: Final rule.
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SUMMARY: In response to a concurrent resolution of the South Dakota
legislature, DOT is relocating the boundary between mountain time and
central time in the State of South Dakota. DOT is placing all of Jones,
Mellette, and Todd Counties in the central time zone.
EFFECTIVE DATE: 2 a.m. MDT Sunday, October 26, 2003, which is the
changeover from daylight saving to standard time.
FOR FURTHER INFORMATION CONTACT: Joanne Petrie, Office of the Assistant
General Counsel for Regulation and Enforcement, U.S. Department of
Transportation, Room 10424, 400 Seventh Street, Washington, DC 20590, (202) 366-9315, or by e-mail at joanne.petrie@ost.dot.gov.
SUPPLEMENTARY INFORMATION: Under the Standard Time Act of 1918, as
amended by the Uniform Time Act of 1966 (15 U.S.C. 260-64), the
Secretary of Transportation has authority to issue regulations
modifying the boundaries between time zones in the United States in
order to move an area from one time zone to another. The standard in
the statute for such decisions is ``regard for the convenience of
commerce and the existing junction points and division points of common
carriers engaged in interstate or foreign commerce.''
Time zone boundaries are set by regulation (49 CFR part 71).
Currently, under regulation, Mellette and Todd Counties, and the
western portion of Jones County, are located in the mountain standard
time zone. The eastern portion of Jones County is currently located in
the central time zone.
Request for a Change
The South Dakota legislature adopted a concurrent resolution
(Senate Concurrent Resolution No. 3) petitioning the Secretary of
Transportation to place all of Jones, Mellette, and Todd counties into
the central time zone. The resolution was adopted by the South Dakota
Senate on February 3, 2003, and concurred in by the South Dakota House
of Representatives on February 7, 2003. The resolution noted, among
other things, that the vast majority of residents of those counties
observe central standard time, instead of mountain standard time,
because their commercial and social ties are to communities located in
the central time zone. It further stated that there would be much less
confusion and that it would be much more convenient for the commerce of
these counties if these counties were located in the central time zone.
A copy of the resolution has been placed in the docket.
Procedure for Changing a Time Zone Boundary
Under DOT procedures to change a time zone boundary, the Department
will generally begin a rulemaking proceeding if the highest elected
officials in the area make a prima facie case for the proposed change.
DOT determined that the concurrent resolution of the South Dakota
legislature made a prima facie case that warranted opening a proceeding
to determine whether the change should be made. On August 11, 2003, DOT
published a notice of proposed rulemaking (68 FR 47533) proposing to
make the requested change and invited public comment. The NPRM proposed
that this change go into effect during the next changeover from
daylight saving time to standard time, which is on October 26, 2003.
Comments
Two comments were filed. One, which was filed by the South Dakota
Secretary of State, supported the change. He stated that ``The proposal
to place all of Jones, Mellette and Todd Counties in the central time
zone would eliminate confusion these counties have when elections are
conducted. Eliminating this confusion will improve voter turnout in
these counties. South Dakota's polling hours are from 7 a.m. to 7 p.m.
legal time. These counties that are legally set in mountain time follow
central time for their business hours, therefore causing confusion in
the past on what time zone to use for polling hours for local, state
and federal elections.'' The other comment objected to daylight saving
time observance and suggested that all states should be in the same
time zone.
We did not hold a public hearing in the area because of the unusual
circumstances in this case. According to the State legislature, the
vast majority of people in the affected area are already
[[Page 61372]]
observing central time. We consulted with a variety of State, local,
tribal, and federal officials to confirm the local observance and ask
whether a hearing would be helpful in this case. Almost all believed
that it would not.
This final rule makes the proposed change. It is effective during
the next changeover from daylight saving time to standard time, which
is October 26, 2003. We find good cause to make this effective with
less than 30 days notice because the final rule merely conforms the
regulation to the longstanding and almost universal time observance in
the area.
Impact on Observance of Daylight Saving Time
This rule does not directly affect the observance of daylight
saving time. Under the Uniform Time Act of 1966, as amended, the
standard time of each time zone in the United States is advanced one
hour from 2 a.m. on the first Sunday in April until 2 a.m. on the last
Sunday in October, except in any State that has, by law, exempted
itself from this observance.
Regulatory Analysis & Notices
This final rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. It has not been reviewed by the Office of Management and
Budget under that Order. It is not ``significant'' under the regulatory
policies and procedures of the Department of Transportation (44 FR
11040; February 26, 1979). We expect the economic impact of this final
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
The rule primarily affects the convenience of individuals in scheduling
activities. By itself, it imposes no direct costs. Its impact is
localized in nature.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this final rule will have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations,
and governmental jurisdictions with populations of less than 50,000.
This final rule will primarily affect individuals and their scheduling
of activities. Although it will affect some small businesses, not-for-
profits and, perhaps, several small governmental jurisdictions, it will
not be a substantial number. In addition, the change should have
little, if any, economic impact. Therefore, the Office of the Secretary
certifies under 5 U.S.C. 605(b) that this final rule will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This final rule does not require any new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this final rule under E.O. 12612 and have
determined that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and
E.O. 12875, Enhancing the Intergovernmental Partnership, (58 FR 58093,
October 28, 1993) govern the issuance of Federal regulations that
require unfunded mandates. An unfunded mandate is a regulation that
requires a State, local, or tribal government or the private sector to
incur direct costs without the Federal Government's having first
provided the funds to pay those costs. This final rule will not impose
an unfunded mandate.
Taking of Private Property
This final rule will not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This final rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this final rule under E.O. 13045, Protection of
Children from Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
This rulemaking is not a major Federal action significantly
affecting the quality of the human environment under the National
Environmental Policy Act and, therefore, an environmental impact
statement is not required.
Consultation and Coordination With Indian Tribal Governments
E.O. 13175 provides that government agencies consult with tribes on
issues that impact the Indian community. The Department has consulted
with the Rosebud Sioux Tribal Council and has informed them of this
action.
List of Subjects in Part 71
Time zones.
0
For the reasons discussed above, the Office of the Secretary revises
title 49 part 71 to read as follows:
PART 71--[AMENDED]
0
1. The authority citation for part 71 continues to read:
Authority: Secs. 1-4, 40 Stat. 450, as amended; sec. 1, 41 Stat.
1446, as amended; secs. 2-7, 80 Stat. 107, as amended; 100 Stat.
764; Act of Mar. 19, 1918, as amended by the Uniform Time Act of
1966 and Pub. L. 97-449, 15 U.S.C. 260-267; Pub. L. 99-359; Pub. L.
106-564. 15 U.S.C. 263, 114 Stat. 281149 CFR 159(a), unless
otherwise noted.
0
2. Paragraph (b) of Sec. 71.7, Boundary line between central and
mountain zones, is revised to read as follows:
Sec. 71.7 Boundary line between central and mountain zones.
* * * * *
(b) South Dakota. From the junction of the North Dakota-South
Dakota boundary with the Missouri River southerly along the main
channel of that river to the crossing of the original Chicago & North
Western Railway near Pierre; thence southwesterly to the northern
boundary of Jones County at the northeast corner of the NE 1, Sec. 6,
T. 2 N., R. 30 E.; thence west along the northern boundary of Jones
County; thence south along the western boundaries of Jones, Mellette
and Todd Counties to the South Dakota-Nebraska boundary.
* * * * *
Issued in Washington, DC on October 21, 2003.
Norman Y. Mineta,
Secretary.
[FR Doc. 03-27056 Filed 10-24-03; 12:40 pm]
BILLING CODE 4910-62-P