[Federal Register Volume 68, Number 208 (Tuesday, October 28, 2003)]
[Rules and Regulations]
[Pages 61371-61372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27056]


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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: 
Relocation of Jones, Mellette, and Todd Counties

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

ACTION: Final rule.

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SUMMARY: In response to a concurrent resolution of the South Dakota 
legislature, DOT is relocating the boundary between mountain time and 
central time in the State of South Dakota. DOT is placing all of Jones, 
Mellette, and Todd Counties in 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, 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, Mellette and Todd Counties, and the 
western portion of 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 in 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 determined that the concurrent resolution of the South Dakota 
legislature made a prima facie case that warranted opening a proceeding 
to determine whether the change should be made. On August 11, 2003, DOT 
published a notice of proposed rulemaking (68 FR 47533) proposing to 
make the requested change and invited public comment. The NPRM proposed 
that this change go into effect during the next changeover from 
daylight saving time to standard time, which is on October 26, 2003.

Comments

    Two comments were filed. One, which was filed by the South Dakota 
Secretary of State, supported the change. He stated that ``The proposal 
to place all of Jones, Mellette and Todd Counties in the central time 
zone would eliminate confusion these counties have when elections are 
conducted. Eliminating this confusion will improve voter turnout in 
these counties. South Dakota's polling hours are from 7 a.m. to 7 p.m. 
legal time. These counties that are legally set in mountain time follow 
central time for their business hours, therefore causing confusion in 
the past on what time zone to use for polling hours for local, state 
and federal elections.'' The other comment objected to daylight saving 
time observance and suggested that all states should be in the same 
time zone.
    We did not hold a public hearing in the area because of the unusual 
circumstances in this case. According to the State legislature, the 
vast majority of people in the affected area are already

[[Page 61372]]

observing central time. We consulted with a variety of State, local, 
tribal, and federal officials to confirm the local observance and ask 
whether a hearing would be helpful in this case. Almost all believed 
that it would not.
    This final rule makes the proposed change. It is effective during 
the next changeover from daylight saving time to standard time, which 
is October 26, 2003. We find good cause to make this effective with 
less than 30 days notice because the final rule merely conforms the 
regulation to the longstanding and almost universal time observance in 
the area.

Impact on Observance of Daylight Saving Time

    This rule 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 & 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, 1979). We expect the economic impact of this final 
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 final rule will 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 final 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 does not require any new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this final 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 final rule will not impose 
an unfunded mandate.

Taking of Private Property

    This final rule will 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 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 final 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 Rosebud Sioux Tribal Council and has informed them of this 
action.

List of Subjects in Part 71

    Time zones.

0
For the reasons discussed above, the Office of the Secretary revises 
title 49 part 71 to read as follows:

PART 71--[AMENDED]

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. 281149 CFR 159(a), unless 
otherwise noted.

0
2. Paragraph (b) 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.

* * * * *
    (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 crossing of the original Chicago & North 
Western Railway near Pierre; thence southwesterly to the northern 
boundary of Jones County at the northeast corner of the NE 1, Sec. 6, 
T. 2 N., R. 30 E.; 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 October 21, 2003.
Norman Y. Mineta,
Secretary.
[FR Doc. 03-27056 Filed 10-24-03; 12:40 pm]
BILLING CODE 4910-62-P