[Federal Register Volume 67, Number 180 (Tuesday, September 17, 2002)]
[Proposed Rules]
[Pages 58578-58580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23707]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 71

[Docket No. OST-2002-13361]
RIN 2105-AD17


Standard Time Zone Boundary in the State of North Dakota: 
Proposed Relocation of Sioux County

AGENCY: The Department of Transportation (DOT), Office of the Secretary 
(OST).

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the Chairman of the Board of County 
Commissioners for Sioux County, ND, DOT proposes to relocate the 
boundary between mountain time and central time in the State of North 
Dakota. DOT proposes to move all of the county east of State Highway 31 
into the central time zone.

DATES: Comments should be received by October 17, 2002, 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 27, 2002, which is the changeover from 
daylight saving to standard time.

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-2002-13361), 
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 Beard, Chief, Dockets, Department of Transportation, telephone 
202-366-9329.

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 [email protected].

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, the southeastern part of the county around 
Fort Yates is in the central time zone and the remainder of the county 
is in the mountain time zone. The area near Fort Yates has the greatest 
population, is the county seat, and has the greatest concentration of 
schools, businesses, medical facilities, houses of worship and 
recreational facilities. Areas to the south and east of the county 
observe central time. Morton County, which is north of Sioux County, is 
currently split between central and mountain time. Morton County has 
asked to be changed to central time and that request is currently 
pending before the Department. Grant County, which lies to the 
northwest and Adams County, which lies to the west, both observe 
mountain time.
    The Standing Rock Indian Reservation is geographically located in 
both North and South Dakota and covers approximately 2.3 million acres. 
All of Sioux County is part of the reservation. The Standing Rock Sioux 
observe central time. Under the Uniform Time Act, as amended, the 
county is currently divided between central and mountain time for 
federal, state and county purposes.

Request for a Change

    In 2000, the Chairman of the Board of County Commissioners for 
Sioux County asked the Department of Transportation to place the entire 
county on central time. A DOT representative informed the Standing Rock 
Sioux of this request by telephone and sent a letter to the Chairman of 
the Tribal Council. . On September 27, 2000, a representative of DOT 
visited the county and met with a representative of the Standing Rock 
Sioux Tribal Council to ascertain the Council's views on this request. 
The Tribal Representative explained that the tribe observed central 
time, had no plans to change that observance, and had no objection to 
the request of the Sioux County Board of County Commissioners.
    On September 27, 2000, the DOT representative also held an informal 
public hearing at the Sioux County Courthouse to gather public views on 
this request. The hearing was widely advertised through numerous 
newspaper and television stations. In addition, the public was invited 
to submit written comments to the Department on this possible change.

[[Page 58579]]

    In addition to the County Commissioners and staff, one member of 
the public attended and presented testimony. The County Commissioners 
explained the inconvenience and confusion that resulted from the 
current time zone boundary. They outlined geographic and economic 
conditions in the area and explained how people and businesses in the 
county interacted with neighboring areas.
    Frank Tomac, a resident living in western Sioux County, concurred 
with most of the arguments presented by the County Commissioners. He 
suggested, however, that the time zone boundary be placed at State 
Highway 31, rather than the western border of the county. Mr. Tomac 
noted that the western part of the county is rural and very sparsely 
populated. He noted that there is no road going east to west in this 
part of the county. Residents must either go into South Dakota or drive 
a considerable distance into Grant County to get to the eastern part of 
the county. Because of the proximity with the South Dakota border, Mr. 
Tomac noted that many of the public services in this area are provided 
in South Dakota. Other services are provided in Grant County, which is 
on mountain time. In response to his comments, the Commissioners 
decided to amend their request.
    In a petition dated November 1, 2001, the Chairman of the Board of 
County Commissioners for Sioux County asked the Department of 
Transportation to move the central portion of Sioux County, North 
Dakota, from the mountain time zone to the central time zone. In the 
petition, the Chairman asked:

    ``That the U.S. Department of Transportation move the time zone 
line separating central time and mountain time in Sioux County, 
North Dakota, west to Highway 31, so that all land in Sioux County 
east of Highway 31 would be in Central Time and all land west of 
Highway 31 would remain in Mountain Time.
    This request is made for the following reasons:
    1. Sioux County is currently one of the few counties in North 
Dakota that is divided in two as far as time zones go. A small area 
in the southeast corner of the county, including Fort Yates (the 
county seat) is already in the central time zone, and the entire 
rest of the county is in the mountain time zone.
    2. That while Fort Yates operates on central time, a large part 
of the northern area of Sioux County, while technically being in the 
mountain time zone, already operates incorrectly on central time 
anyway.
    3. That Fort Yates is the county seat and main center of 
commerce for the entire county, being the only town larger than five 
hundred people, and moving the entire eastern half of the county, 
where 95 percent of the population resides, to central time would 
eliminate confusion.
    4. That virtually all television and radio broadcasts come out 
of Bismarck, ND, which is also on central time.
    5. That virtually all supplies bought in Sioux County come out 
of Bismarck, ND, also.
    6. That Sioux County residents regularly travel to Bismarck, ND, 
for shopping and recreational purposes.
    7. That while the voters of Sioux County voted on June 13, 2000, 
to move Sioux County to the central time zone, the inhabitants of 
western Sioux County almost unanimously wish to remain on mountain 
time. This action would facilitate the wishes of all involved.''

    In response to the Board's action, Mr. Tomac sent written comments 
reiterating his position and urging the Department to set the boundary 
at Highway 31. No other written comments have been filed to date in 
response to our invitation.
    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 Chairman of the County 
Commissioners of Sioux County, ND 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 additional 
public comment. Because this proposal has been subject to public 
comment for a lengthy period, we are only providing 30 days, rather 
than the usual 60, for public comment.
    We are proposing that this change go into effect during the next 
changeover from daylight saving time to standard time, which is on 
October 27, 2002. The Board of County Commissioners have advised the 
Department that they would like the change to go into effect as soon as 
possible, that the community is anxious to resolve this issue, and 
that, as a practical matter, the few residents affected need little or 
no advance notice of the change. Under the Administrative Procedure 
Act, final rules are generally effective 30 days after publication of a 
final rule unless there is a showing of good cause. We request comments 
concerning the appropriate effective date.

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 and 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 (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 effect 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, 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

[[Page 58580]]

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. 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.

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 Standing Rock Sioux 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 revise Title 49 part 71 to read as follows:

PART 71--[AMENDED]

    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 (a) 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) Montana-North Dakota. Beginning at the junction of the Montana-
North Dakota boundary with the boundary of the United States and Canada 
southerly along the Montana-North Dakota boundary to the Missouri 
River; thence southerly and easterly along the middle of that river to 
the midpoint of the confluence of the Missouri and Yellowstone Rivers; 
thence southerly and easterly along the middle of the Yellowstone River 
to the north boundary of T. 150 N., R. 104 W.; thence east to the 
northwest corner of T. 150 N., R. 102 W.; thence south to the southwest 
corner of T. 149 N., R. 102 W.; thence east to the northwest corner of 
T. 148 N., R. 102 W.; thence south to the northwest corner of 147 N., 
R. 102 W.; thence east to the southwest corner of T. 148 N., R. 101 W., 
thence south to the middle of the Little Missouri; thence easterly and 
northerly along the middle of that river to the midpoint of its 
confluence with the Missouri River; thence southerly and easterly along 
the middle of the Missouri River to the midpoint of its confluence with 
the northern land boundary of Oliver County; thence west along the 
northern county line to the northwest boundary; thence south along the 
western county line to the southwest boundary; thence east along the 
southern county line to the northwest corner of T. 140 N., R. 83 W.; 
thence south to the southwest corner of T. 140 N., R. 82 W.; thence 
east to the southeast corner of T. 140 N., R. 83 W.; thence south to 
the middle of the Heart River; thence easterly and northerly along the 
middle of that river to the southern boundary of T. 139 N., R. 82 W.; 
thence east to the middle of the Heart River; thence southerly and 
easterly along the middle of that river to the northeast boundary of 
Sioux County; thence west and south along the northern boundary of 
Sioux County to the center of State Highway 31; thence south along the 
center of State Highway 31 to the state border with South Dakota; 
thence east along the southern boundary of Sioux County to the middle 
of the Missouri Rivers.
* * * * *

    Issued in Washington, DC, on September 12, 2002.
Kirk K. Van Tine,
General Counsel.
[FR Doc. 02-23707 Filed 9-16-02; 8:45 am]
BILLING CODE 4910-62-P