[Federal Register Volume 64, Number 118 (Monday, June 21, 1999)]
[Proposed Rules]
[Pages 33035-33037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15706]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 71

[OST Docket No. OST-99-5843]
RIN 2105-AC80


Standard Time Zone Boundary in the State of Kentucky: Proposed 
Relocation

AGENCY: Office of the Secretary, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the Wayne County, Kentucky, Fiscal Court, 
DOT proposes to relocate the boundary between eastern time and central 
time in the State of Kentucky. DOT proposes to relocate the boundary in 
order to move Wayne County from the Central Time Zone to the Eastern 
Time Zone.

DATES: Comments should be received by August 20, 1999 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 2:00 a.m. CDT 
Sunday, October 31, 1999.

ADDRESSES: You may submit your comments and related material by only 
one of the following methods:
    (1) By mail to the Docket Management Facility (OST-1999-), U.S. 
Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (2) By hand delivery to room PL-401 on the Plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (3) By fax to Docket Management Facility at 202-493-2251.
    (4) Electronically through the Web Site for the Docket Management 
System at http://dms.dot.gov.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at room PL-401 on the Plaza level of the Nassif Building at the 
same address between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. You may also find this docket on the Internet at 
http://dms.dot.gov.
    For questions on viewing or submitting material to the docket, call 
Dorothy Walker, Chief, Dockets, Department of Transportation, telephone 
202-366-9329.

Public Hearing

    A public hearing will be chaired by a representative of DOT at the 
Fiscal Courtroom, Wayne County Courthouse, 109 North Main Street, 
Monticello, Kentucky, on Thursday, June 24, 1999, at 7:00 p.m. The 
hearing will be informal and will be tape recorded for inclusion in the 
docket. Persons who desire to express opinions or ask questions at the 
hearings do not have to sign up in advance or give any prior 
notification. To the greatest extent practicable, the DOT 
representative will provide an opportunity to speak for all those 
wishing to do so.

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.

SUPPLEMENTARY INFORMATION:

Background

    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.''

Petition for Rulemaking

    On April 22, 1999, the Wayne County, Kentucky, Fiscal Court (the 
highest governmental body in the county) formally petitioned the 
Department of Transportation to change its time zone from central to 
eastern. The Resolution stated the following in support of the request:

    I. Supplies for businesses are shipped into Wayne County mostly 
from the Eastern Time Zone. (Somerset, Lexington, Knoxville). United 
Parcel Service, FedEX and other carrier deliveries come from 
terminals in the Eastern Time Zone.
    II. The major television stations that consider Wayne County as 
part of their coverage area are all located in the Eastern Time 
Zone. (Lexington, Knoxville) The local cable that serves Wayne 
County has no major local affiliates which are located in the 
Central Time Zone.
    III. All daily newspapers that serve Wayne County are located in 
the Eastern Time Zone. Those being the Louisville Courier-Journal, 
Lexington Herald-Leader and the

[[Page 33036]]

Commonwealth Journal which comes from Somerset, Ky.
    IV. The citizens of Wayne County obtain bus transportation in 
Corbin, Ky, which is located in the Eastern Time Zone. The closest 
rail service for public transportation is also located in the 
Eastern Time Zone.
    V. The closest commercial airport is Lexington, Ky., located in 
the Eastern Time Zone.
    VI. Approximately 950 of the local workforce works outside Wayne 
County. It is estimated that 700 of those work in the Eastern Time 
Zone. This represents manufacturing jobs and is based on the 1996 
manufacturing statistics.
    VII. Approximately 90% +/-of Wayne County residents that attend 
educational institutions outside Wayne County attend schools that 
are located in the Eastern Time Zone. If you look at only the 
students that commute for education purposes, the figure would be 
higher. Wayne County needs desperately to improve our educational 
obtainment level of our residents. Moving to the Eastern Time zone 
would align us with the resources to make this improvement more 
feasible.
    VIII. Most interscholastic activities (90% or more) are with 
schools from the Eastern Time Zone. Most all district and regional 
competitions are held in areas that are in the Eastern Time Zone.
    IX. Tourism plays an important role in our economy and the major 
portion of that comes from people located in the Eastern Time Zone. 
Lake Cumberland is a major tourism drawing card for out county. A 
very large portion (80%) of the tourists that come to this area come 
from the Eastern Time Zone.
    X. Major hospitals that serve Wayne County are located in the 
Eastern Time Zone. It is estimated that 99% of all Wayne County 
citizens that are referred to obtain other medical services, that 
are not available locally, are referred to the Eastern Time Zone. 
(Somerset, Lexington, Louisville)
    XI. The State Police Headquarters that serves our area is 
located in the Eastern Time Zone.
    XII. Wayne County is the only county in the Fifth Congressional 
District that is in the Central Time Zone.
    XIII. Looking at two long term factors that could significantly 
impact Wayne County in the future (the development of the Big South 
Fork National River and Recreation Area and the construction of I-
66) would require Wayne County to be in the Eastern Time Zone to 
fully align with these two developments.
    XIV. Most all of our industry, if not all, that is not 
headquartered locally has their main company headquarters in the 
Eastern Time Zone.
    XV. Wayne County residents that go outside the county for 
``shopping'' purposes, goes to the Eastern Time Zone (Somerset/
Lexington).
    XVI. The closest major gateway to our area is I-75. This 
attaches Wayne County, Kentucky significantly to the Eastern Time 
Zone.''

    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 Resolution of the Wayne County Fiscal Court 
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.
    Although the Wayne County Fiscal Court has submitted sufficient 
information to begin the rulemaking process, the decision whether 
actually to make the change will be based upon information received at 
the hearing or submitted in writing to the docket. Persons supporting 
or opposing the change should not assume that the change will be made 
merely because DOT is making the proposal. We are not bound either to 
accept or reject the proposal of the Wayne County Fiscal Court at the 
present time in the proceeding. The Department here issues no opinion 
on the merits of the County's request. Our decision will be made on the 
basis of information developed during the rulemaking proceeding.

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 2:00 a.m. on the first Sunday in April until 2:00 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 proposed 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 (DOT)(44 FR 
11040; February 26, l979. 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 
that are independently owned and operated and are not dominant in their 
fields, 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 effect 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 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 implications for 
federalism 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.

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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.

List of Subjects in 49 CFR Part 71

    Time.

PART 71--[AMENDED]

    For the reasons discussed above, the Office of the Secretary 
proposes to amend Title 49 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; 49 CFR 
159(a), unless otherwise noted.

    2. Paragraph (c) of Sec. 71.5, Boundary line between eastern and 
central zones, would be revised to read as follows:


Sec. 71.5,  Boundary line between eastern and central zones.

* * * * *
    (c) Kentucky. From the junction of the east line of Spencer County, 
Ind., with the Indiana-Kentucky boundary easterly along that boundary 
to the west line of Meade County, Ky.; thence southeasterly and 
southwesterly along the west lines of Meade and Hardin Counties to the 
southwest corner of Hardin County; thence along the south lines of 
Hardin and Larue Counties to the northwest corner of Taylor County; 
thence southeasterly along the west (southwest) line of Taylor County 
and northeasterly along the east (south-east) line of Taylor County to 
the west line of Casey County; and thence southerly along the west and 
south lines of Casey and Pulaski Counties to the intersection with the 
western boundary of Wayne County; and then south along the western 
boundary of Wayne County to the Kentucky-Tennessee boundary.
* * * * *
    Issued this 11th day of June 1999, at Washington, DC.
Rosalind Knapp,
Acting General Counsel.
[FR Doc. 99-15706 Filed 6-18-99; 8:45 am]
BILLING CODE 4910-62-P