[Federal Register Volume 68, Number 140 (Tuesday, July 22, 2003)]
[Rules and Regulations]
[Pages 43334-43336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18611]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 71

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


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

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

ACTION: Final rule.

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SUMMARY: At the request of the Chairman of the Board of County 
Commissioners for Sioux County, ND, DOT is relocating the boundary 
between mountain time and central time in the State of North Dakota. 
DOT is moving all of the county east of State Highway 31 into 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, SW., 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 local 
newspapers and radio and television stations. In addition, the public 
was invited to submit written comments to the Department on this 
possible change.
    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

[[Page 43335]]

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 determined that the Resolution of the Chairman of the County 
Commissioners of Sioux County, ND made a prima facie case that 
warranted opening a proceeding to determine whether the change should 
be made. On September 17, 2002, DOT issued a notice of proposed 
rulemaking (NPRM) proposing to make the requested change and inviting 
additional public comment. No comments were filed. We are, therefore, 
adopting the proposal without change.
    As proposed in the NPRM, this change will 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 2:00 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 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, 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, 
and governmental jurisdictions with populations of less than 50,000. 
This 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 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 final rule would not impose 
an unfunded mandate.

Taking of Private Property

    This final rule would not affect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

[[Page 43336]]

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 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 consulted with 
the Standing Rock Sioux before issuing the NPRM and during the comment 
period. We will notify the Tribe of this final rule.

List of Subjects in 49 CFR Part 71

    Time zones.


0
For the reasons discussed above, the Office of the Secretary revises 
Title 49 CFR part 71 to read as follows:
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. 2811; 49 CFR 159(a), unless 
otherwise noted.


0
2. Paragraph (a) 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.

    (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 River.
* * * * *

    Issued in Washington, DC, on July 11, 2003.
Norman Y. Mineta,
Secretary.
[FR Doc. 03-18611 Filed 7-21-03; 8:45 am]
BILLING CODE 4910-62-P