[Federal Register Volume 64, Number 203 (Thursday, October 21, 1999)]
[Rules and Regulations]
[Pages 56705-56707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27240]



Office of the Secretary

49 CFR Part 71

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

Relocation of Standard Time Zone Boundary in the State of Nevada

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.


SUMMARY: The Department of Transportation (DOT) is relocating the City 
of West Wendover, Nevada, from the Pacific Time Zone to the Mountain 
Time Zone. This action is taken in response to a petition by the Mayor 
of West Wendover. The action is designed to facilitate commerce and 
reduce confusion.

DATES: This rule is effective at 2:00 a.m. PDT, Sunday, October 31, 

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, S.W., Washington, DC 
20590, (202) 366-9315; email address: [email protected].



    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 for common carriers engaged in interstate or foreign 

Petition for Rulemaking

    On January 8, 1999, Walter F. Sanders, Mayor of the City of West

[[Page 56706]]

Wendover, Nevada sent a letter to the Department of Transportation 
petitioning the Department to change the city from the Pacific Time 
Zone to the Mountain Time Zone. The letter noted the following facts in 
support of the petition.
    1. West Wendover is located on the border of Utah and Nevada and is 
directly adjacent to the City of Wendover, Utah, which is in the 
Mountain Time Zone.
    2. It is more than one hundred miles to the nearest city.
    3. Businesses in West Wendover make most of their purchases from 
Salt Lake City, which is in the Mountain Time Zone.
    4. The city receives all of its television and radio broadcasts 
from Salt Lake City. Due to mountain ranges west of West Wendover, 
radio broadcasts cannot be received from the Nevada area.
    5. West Wendover has one weekly local newspaper, which is printed 
in Salt Lake City.
    6. The City of West Wendover currently has no passenger rail 
service. The nearest public rail service is located in either Salt Lake 
City, Utah or Elko, Nevada. Both cities are more than one-hundred miles 
from West Wendover.
    7. Greyhound buses travel through West Wendover on an east/west 
run, but only stop in Wendover, Utah.
    8. Wendover, Utah, has a small airport, which is limited to mostly 
small private aircraft and which receives no commercial air service. 
Tooele County, Utah, which is on Mountain time, is in the process of 
renovating its airport. The closest major airport is Salt Lake City 
International Airport.
    9. A small percentage of West Wendover's working population resides 
outside the City limits. The majority of employed residents work in the 
gaming/tourism industry.
    10. Medical services are currently provided by a local medical 
clinic. The facility is owned by the City of West Wendover, which in 
turn has leased the facility to the University of Utah--Medical 
Facility. This agreement provided the opportunity for expanded medical 
services to the community. Most residents of West Wendover travel to 
Salt Lake City for major and routine health care.
    11. Secondary education is offered in Salt Lake City, Utah and 
Elko, Nevada.
    12. West Wendover is in the process of expanding its recreation 
facilities. These recreational services are designed to accommodate 
people from the Wastach Front area, which is on Mountain time.
    13. West Wendover's residents must travel to Salt Lake City or Elko 
in order to obtain a greater variety of services, shopping, and 
    14. The City of West Wendover is trying to purchase Air Force 
property adjacent to the Tooele County Airport. This purchase is 
expected to provide opportunities to establish a more diversified 
economy within the Wendover/West Wendover community.
    15. Historically, West Wendover has always operated on Mountain 
time. Prior to the 1980s, there was no reason to do otherwise because 
there was literally nothing to the town fifty yards past the state 
line. When West Wendover began to ``boom,'' the town tried to operate 
by Pacific time. According to the Mayor, this action created mass 
confusion for both residents and those outside the community.
    16. The Mayor stated that by allowing West Wendover to formally 
move into the Mountain Time Zone, commerce within the Wendover/West 
Wendover community would be facilitated and confusion would be 
    On July 26, 1999, the DOT published a notice of proposed rulemaking 
in the Federal Register (64 FR 40331) that would move West Wendover to 
the Mountain Time Zone. On August 10, 1999, the DOT held a public 
hearing at the West Wendover Library to take questions and comments on 
the proposed change. The hearing was attended by approximately twelve 
people plus the City Council. All but one of those testifying favored 
the change. The individual in favor of Pacific time did not elaborate 
on her reasons for her position. Those in favor focused on the 
practicality of observing Mountain time based on the geography of the 
area. The City is located on the State line and adjacent to Wendover, 
Utah. The nearest towns are over 100 miles away. Most of the commerce 
takes place to the east. The economy of the community, especially its 
plans for future expansion, are tied to the Mountain Time Zone. The 
City has always observed Mountain time and it would be a hardship to 
now enforce Pacific time.
    One written comment strongly supporting Mountain time was filed in 
the docket by Viola S. Troyan. Among other things, Ms. Troyan noted her 
belief that 99 percent of the people in West Wendover ``think Mountain 


    We find that, based on the Mayor's petition, testimony presented at 
the hearing and the comment filed in the docket, there is good cause to 
place West Wendover, Nevada in the Mountain Time Zone. The change is 
effective at 2:00 a.m. PDT, Sunday, October 31, 1999. Because the 
community is already unofficially observing Mountain time, we find good 
cause to make this rule effective on less than 30 days notice.

Impact on Observance of Daylight Saving Time

    This time zone change does not 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 and Notices

    This 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, 1979.) We expect the economic impact of this 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 business, 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 rule primarily affects individuals and their scheduling of 
activities. Although it will affect some small businesses, not-for-
profits, and the City of West Wendover, it will not be a substantial 
number. In addition, the change should have little, if any, economic 
impact. I, therefore, certify under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 

[[Page 56707]]

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).


    We have analyzed this rule under Executive Order 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 
Executive Order 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 rule does not impose 
an unfunded mandate.

Taking of Private Property

    This rule does not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protect Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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.


    This rule 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 

List of Subjects in 49 CFR Part 71


    For the reasons discussed above, the Office of the Secretary is 
amending Title 49 Part 71 as follows:


    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; 49 CFR 
159(a), unless otherwise noted.

    2. In Sec. 71.9, revise paragraph (b) to read as follows:

Sec. 71.9  Boundary line between mountain and Pacific zones.

* * * * *
    (b) Utah-Nevada-Arizona-California. From the northeast corner of 
the State of Nevada southerly along the Utah-Nevada boundary to the 
junction with the northern border of the City of West Wendover, Nevada. 
Then westward along the northern, western, and southern boundaries of 
the City of West Wendover back to the Utah-Nevada boundary. Then 
southerly along the Utah-Nevada boundary, the Nevada-Arizona boundary, 
and the Arizona-California boundary to the boundary between the United 
States and Mexico.
* * * * *
    Issued in Washington, DC. on October 12, 1999.
Rodney E. Slater,
[FR Doc. 99-27240 Filed 10-20-99; 8:45 am]