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Standard Time Zone Boundary in the State of South Dakota: Proposed Relocation of Jones, Mellette, and Todd Counties
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 11, 2003 (Volume 68, Number 154)]
[Proposed Rules]
[Page 47533-47535]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au03-38]
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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:
Proposed Relocation of Jones, Mellette, and Todd Counties
AGENCY: Office of the Secretary (OST), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: In response to a concurrent resolution of the South Dakota
legislature, DOT proposes to relocate the boundary between mountain
time and central time in the State of South Dakota. DOT proposes to
place all of Jones, Mellette, and Todd Counties in the central time
zone.
DATES: Comments should be received by September 25, 2003 to be assured
of consideration. Comments received after that date will be considered
to the extent practicable. If the time zone boundary is changed as a
result of this rulemaking, the effective date would be no earlier than
2 a.m. MDT Sunday, October 26, 2003, which is the changeover from
daylight saving to standard time.
ADDRESSES: You may submit comments to DOT DMS Docket OST-2003-15858 by
any of the following methods:
? Web site: http://dms.dot.gov. 
Follow the instructions for
submitting comments on the DOT electronic docket site.
? Fax: 1-202-493-2251.
? Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
? Hand Delivery: Room PL-401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW., Washington, DC, between 9 am and 5
pm, Monday through Friday, except Federal Holidays.
? Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting
comments.
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. Note that all comments received will be posted without change
to http://dms.dot.gov. including any personal information
provided. Please see the Privacy Act heading under Regulatory Notices.
Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or
to Room PL-401 on the plaza level of the Nassif Building, 400 Seventh
Street, SW., Washington, DC, between 9 am and 5 pm, Monday through Friday,
except Federal Holidays.
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, SW., Washington, DC
20590, (202) 366-9315, or by email 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
[[Page 47534]]
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 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 has determined that the concurrent resolution of the South Dakota
legislature makes a prima facie case that warrants opening a proceeding
to determine whether the change should be made. Consequently, in this
notice of proposed rulemaking, DOT is proposing to make the requested
change and is inviting public comment. In addition, we expect to hold
one or more hearings in the area that will be chaired by a DOT
representative. The time and place of the hearing(s) will be published
in a subsequent Federal Register notice and be publicized through local
media.
We are proposing that this change go into effect during the next
changeover from daylight saving time to standard time, which is on
October 26, 2003.
Impact on Observance of Daylight Saving Time
This time zone proposal 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 and Notices
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of E.O. 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 proposed 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 proposed rule would 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 proposal, if adopted, would primarily affect individuals and their
scheduling of activities. Although it would affect some small
businesses, not-for-profits and, perhaps, several small governmental
jurisdictions, it would 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 proposed rule would not, if adopted, have a
significant economic impact on a substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment to the
Docket Management Facility at the address under ADDRESSES. In your
comment, explain why you think it qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call Joanne Petrie at (202) 366-9315.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this proposed 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 proposed rule would not
impose an unfunded mandate.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed 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.
[[Page 47535]]
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 will continue to do so as
this rulemaking progresses.
List of Subjects in 49 CFR Part 71
Time zones.
For the reasons discussed above, the Office of the Secretary
proposes to amend Title 49 CFR Part 71 to read as follows:
1. The authority citation for Part 71 would continue 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.
2. Paragraph (b) of Sec. 71.7, Boundary line between central and
mountain zones, would be revised to read as follows:
Sec. 71.7 Boundary line between central and mountain zones.
(a) * * *
(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 northeast corner of Jones County; 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 August 5, 2003.
Rosalind A. Knapp,
Deputy General Counsel.
[FR Doc. 03-20418 Filed 8-8-03; 8:45 am]
BILLING CODE 4910-62-P