[Federal Register Volume 68, Number 154 (Monday, August 11, 2003)]
[Proposed Rules]
[Pages 47533-47535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20418]


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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:
    [sbull] Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    [sbull] Fax: 1-202-493-2251.
    [sbull] Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
    [sbull] 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.
    [sbull] 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 [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, 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