[Federal Register Volume 71, Number 228 (Tuesday, November 28, 2006)]
[Proposed Rules]
[Pages 68777-68784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9432]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 71

[OST Docket No. 2006-26442]
RIN 2105-AD65


Standard Time Zone Boundary in Pulaski County, IN

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

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: DOT proposes to relocate the time zone boundary in Indiana to 
move Pulaski County from the Central Time Zone to the Eastern Time 
Zone. This action is taken at the request of the County Commissioners 
and the County Council. DOT requests comment on whether this change 
would serve the convenience of commerce, the statutory standard for a 
time zone change. Persons supporting or opposing the change should not 
assume that the change will be made merely because DOT is making the 
proposal. Our decision in the final rule will be made

[[Page 68778]]

based on all of the information developed during the entire rulemaking 
proceeding.

DATES: Comments should be received by December 28, 2006 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. EDT Sunday, March 11, 2007, which is the changeover date from 
standard time to daylight saving time.

ADDRESSES: You may submit comments by any of the following methods:
     Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     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.
     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 (OST Docket Number 2006-26442) or Regulatory 
Identification Number (RIN) (2105-AD65) for this rulemaking. 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 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Judith S. Kaleta, Office of the 
General Counsel, U.S. Department of Transportation, Room 10424, 400 
Seventh Street, SW., Washington, DC 20590, [email protected]; (202) 
366-9283.

SUPPLEMENTARY INFORMATION:

Current Indiana Time Observance

    Indiana is divided into 92 counties. Under Federal law, 74 Indiana 
counties are in the Eastern Time Zone and 18 are in the Central Time 
Zone. The Central Time Zone counties include seven in the northwest 
(Lake, Porter, La Porte, Starke, Newton, Jasper, and Pulaski) and 
eleven in the southwest (Knox, Daviess, Martin, Gibson, Pike, Dubois, 
Posey, Vanderburgh, Warrick, Spencer, and Perry). The remaining 74 
counties are in the Eastern Time Zone. Neighboring States observe both 
Eastern and Central time. Illinois and western Kentucky observe Central 
time, while eastern Kentucky, Ohio, and the portion of Michigan 
adjoining Indiana observe Eastern time.
    Federal law provides that it is up to an individual State to decide 
whether or not to observe daylight saving time. In 2005, the Indiana 
General Assembly adopted legislation (Pub. L. 243-005 or ``the Indiana 
Act'') providing that the entire State of Indiana will observe daylight 
saving time beginning in 2006. In addition, the Indiana Act addressed 
the issue of changing the location of the boundary between the Eastern 
and Central Time Zones.
    In January 2006, DOT completed a rulemaking proceeding establishing 
new time zone boundaries that resulted in the current time zone 
observance. Since that time, Pulaski County has filed a Petition 
requesting a time zone change back to the Eastern Time Zone, and 
subsequently filed an Amended Petition. Knox, Daviess, Martin, Pike, 
and Dubois Counties in Southwestern Indiana (the Southwestern Counties) 
filed a Joint Petition for a Time Zone Change (Joint Petition). This 
Notice of Proposed Rulemaking addresses only Pulaski County. DOT is 
waiting for additional information from the Southwestern Counties 
before making a determination whether to propose a time zone change or 
deny the Joint Petition.

Statutory Requirements

    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.''

DOT Procedures To Change a Time Zone Boundary

    DOT has typically used a set of procedures to address time zone 
issues. Under these procedures, DOT will generally begin a rulemaking 
proceeding to change a time zone boundary if the highest elected 
officials in the area provide adequate supporting data for the proposed 
change. We ask that the petition include, or be accompanied by, 
detailed information supporting the requesting party's contention that 
the requested change would serve the convenience of commerce. The 
principal standard for deciding whether to change a time zone is 
defined very broadly to include consideration of all the impacts upon a 
community of a change in its standard of time. We also ask that the 
supporting documentation address, at a minimum, each of the following 
questions in as much detail as possible.

    1. From where do businesses in the community get their supplies, 
and to where do they ship their goods or products?
    2. From where does the community receive television and radio 
broadcasts?
    3. Where are the newspapers published that serve the community?
    4. From where does the community get its bus and passenger rail 
services; if there is no scheduled bus or passenger rail service in 
the community, to where must residents go to obtain these services?
    5. Where is the nearest airport; if it is a local service 
airport, to what major airport does it carry passengers?
    6. What percentage of residents of the community work outside 
the community; where do these residents work?
    7. What are the major elements of the community's economy; is 
the community's economy improving or declining; what Federal, State, 
or local plans, if any, are there for economic development in the 
community?
    8. If residents leave the community for schooling, recreation, 
health care, or religious worship, what standard of time is observed 
in the places where they go for these purposes?

    In addition, we consider any other information that the county or 
local officials believe to be relevant to the proceeding. We consider 
the effect on economic, cultural, social, and civic activities, and how 
a change in time zone would affect businesses, communication, 
transportation, and education.

2005-2006 Time Zone Rulemaking Proceedings

    On August 17, 2005, DOT published a notice in the Federal Register 
inviting county and local officials in Indiana that wished to change 
their current time zone in response to the Indiana Act to notify DOT of 
their request for a change by September 16, 2005 and to provide data in 
response to the questions above. In addition, DOT announced the opening 
of an Internet-accessible, public docket to receive any petitions and

[[Page 68779]]

other relevant documents concerning the appropriate placement of the 
time zone boundary in the State of Indiana.
    DOT received nineteen petitions from counties asking to be changed 
from the Eastern Time Zone to the Central Time Zone, and one county 
subsequently withdrew its request. Pulaski County was one of the 
counties that petitioned for a change.
    Pulaski County is located in Northwestern Indiana, 95 miles from 
both Chicago and Indianapolis and 60 miles from both South Bend and 
Lafayette. It has a population of 13,783. According to ``Key Economic 
Development Statistics,'' prepared for the Pulaski County Community 
Development Commission, dated January 6, 2004, ``Although the 
agricultural heritage of Pulaski County is very strong, the fact 
remains that 83% of all employment is created in non-agricultural 
opportunities.''
    The Pulaski County Commissioners submitted a petition (original 
petition) in which they enumerated reasons for a move to the Central 
Time Zone based on comments made during an open public meeting. County 
Commissioners commented that at that open public meeting, ``There were 
no citizens who were in favor of Eastern. All were in favor of leaving 
the time alone, by not having to change time during the year. But, if 
we have to choose one of the two, the choice would be Central Time.'' 
The Pulaski County Commissioners also noted the consideration of school 
children waiting during a late sunrise, the importance of sunlight to 
its farming community, television programming from South Bend and 
Chicago, newspapers from Indianapolis, South Bend, Logansport, and 
Chicago, and airports in Indianapolis and Chicago. In addition, the 
County Commissioners submitted annual commuting data in support of 
their position.
    At a public hearing conducted by DOT in Logansport, Indiana, 
Director Dan Dolezal of the Pulaski Community Development Commission 
presented information from the two major employers in the County who 
favored the Central Time Zone as well as from other employers. The 
President of the Pulaski County Council also spoke in favor the Pulaski 
County petition; he noted the difficulty of being a border county and 
suggested that the entire state be in the same time zone. In written 
comments to the docket, one commenter noted that Pulaski County has 
regional ties to counties that are currently in the Central Time Zone 
or would be moved to the Central Time Zone by DOT's decision. He 
referred to workforce planning, economic growth, and economic 
development regions and said that moving Pulaski to the Central Time 
Zone would ensure that all counties in these regions were in the same 
time zone.
    Out of 71 comments submitted to the docket from Pulaski County, 41 
favored the Central Time Zone, 17 favored the Eastern Time Zone, and 13 
expressed interest in keeping Indiana on the same time zone, expressing 
no preference.
    Based on this record, Pulaski County was one of the eight Counties 
that moved from the Eastern Time Zone to the Central Time Zone under 
DOT's January 2006 final rule. DOT expected that each of these Counties 
would begin observing Central Time in accordance with DOT's final rule 
and the change they requested. However, on February 7, 2006, Pulaski 
County petitioned DOT for a time zone boundary change back to the 
Eastern Time Zone. The new petition followed DOT's final rule by only a 
few weeks and was submitted before the County had any experience with 
the new time zone changes that it solicited. Furthermore, the new 
petition requested a change that was contrary to the County's original 
petition and other information submitted to the docket in the 
rulemaking proceeding. In fact, the County Commissioners represented 
that they did not provide accurate information in their original 
petition. The new petition did not provide detailed information in 
support of its position or the sources for the information submitted. 
Therefore, before making any determination on changing the time zone 
boundary for Pulaski County, DOT requested information from Pulaski 
County to assist DOT in making a careful assessment on the appropriate 
time zone for the County consistent with Federal requirements.
    On June 27, 2006, Pulaski County submitted an Amended Petition that 
includes answers to the questions DOT considers in making time zone 
determinations and exhibits in support of the answers. The Amended 
Petition repeatedly states that the information set forth in the 
original petition in response to DOT's time zone questions ``is 
limited, and opinion without substantial and verifiable evidence to 
support the claims made.'' The Amended Petition provides significantly 
more detailed responses to DOT's questions related to community imports 
and exports, television and radio broadcasts, newspapers, bus and 
passenger rail services, airports/airline services, worker commuting 
patterns, the community's economy/economic development, and schooling, 
recreation, health care, or religious worship.
    In August, Governor Daniels, the Indiana Economic Development 
Corporation, and the Indiana Department of Workforce Development 
submitted letters to the docket. The Governor wrote in support of the 
Amended Petition (as well as the Joint Petition filed by the 
Southwestern Counties), stating that putting more of the State on the 
same time zone will provide clarity on the time questions and advance 
economic growth. The two organizations addressed regional connections. 
They noted that they established their respective state regions based 
on their ability to deliver services. They did not establish regions 
based on time zones or ``stream of commerce.''

DOT Determination

    Based on the Amended Petition and the supporting data submitted 
with it, we find that Pulaski County has provided enough information to 
justify proposing to change its time zone boundary from the Central 
Time Zone to the Eastern Time Zone. We are now providing a further 
opportunity to others to submit information that might refute or 
support the basis provided to date, in order to enable DOT to make a 
final decision. Pulaski County addressed all of the factors that we 
consider in these proceedings and made a reasonable case that changing 
back to the Eastern Time Zone would serve ``the convenience of 
commerce.''

Community Imports and Exports

    The Amended Petition provides extensive information regarding the 
sources of supplies and raw materials for major businesses and 
industries as well as the distribution points for their products and 
services. Of the County's eight largest employers, five had 100% of 
their customers in the Eastern Time Zone while the remaining three had 
between 50 and 100% in the Central Time Zone. On the other hand, six of 
these same employers had between 66 and 100% of their suppliers in the 
Eastern Time Zone. Of the remaining two employers, one had 100% of its 
suppliers in the Central Time Zone and the other 66%. CSX Railroad, 
serving Pulaski County, ships 100% of its carloads to states in the 
Eastern Time Zone, whereas 74% of its incoming carloads are received 
from states in the Central Time Zone.
    With regard to agricultural products, the Amended Petition states 
that the County ranks 15th in the state in corn production and 25th in 
soybean production. The inputs for these crops come from Eastern Time 
Zone areas and 85% of the marketing of these crops occurs in Indiana 
communities in the

[[Page 68780]]

Eastern Time Zone. Likewise, according to the Amended Petition, the 
markets for livestock, poultry and dairy products are all primarily in 
the Eastern Time Zone. Ninety percent of the agricultural fertilizer 
and chemical dealers marketing to the County have facilities in the 
Eastern Time Zone.
    The Amended Petition says that the County has two financial 
institutions, both of which have branches in the Eastern and Central 
Time Zones. Data distribution from the County's banks is to South Bend, 
Indianapolis and Warsaw, Indiana, all of which are in the Eastern Time 
Zone. The County has one branch office of a national investment firm 
which is headquartered in St. Louis (Central Time Zone).
    Based upon the information submitted with the Amended Petition, it 
appears that the vast majority of the County's businesses and 
industries have their suppliers, customers and marketing connections 
with areas that are in the Eastern Time Zone and that moving the time 
zone boundary for Pulaski County to the Eastern Time Zone would serve 
the convenience of commerce. DOT solicits further information that 
would aid in determining whether a change in the time zone for Pulaski 
County would serve the convenience of commerce.

Television and Radio Broadcasts

    The Amended Petition provides detailed information regarding 
television and radio broadcasting to cities in Pulaski County. It says 
that Pulaski County is in the South Bend/Elkhart Designated Market Area 
(DMA) which consists of 10 counties, eight in the Eastern Time Zone and 
two, Pulaski and Starke, in the Central Time Zone. The Amended Petition 
maintains that having a part of the DMA in a different time zone makes 
it more difficult to timely report local news and that most of the news 
broadcasters covering local news are centered in the Eastern Time Zone.
    The Amended Petition claims that the only cable TV service is 
provided in Winamac and that service has 15 ``locally generated'' 
channels, four from Chicago in the Central Time Zone and eleven from 
South Bend, Lafayette and Indianapolis, in the Eastern Time Zone. The 
Direct TV service is also varied: Francesville and Medaryville seem to 
receive network news from Chicago, while Winamac and Star City are 
focused on Indianapolis, and Monterey has its network news from South 
Bend. DISH Network has its local channels from South Bend. Other 
residents use TV antennas.
    With regard to radio broadcasting, the Amended Petition provides a 
list of all Indiana radio stations, but does not indicate the strength 
of the radio signals in Pulaski County.
    Based on the Amended Petition, DOT is unable to determine whether 
this aspect of the ``convenience of commerce'' standard supports a 
change in Pulaski County's time zone. DOT seeks comment on the 
information submitted and requests any additional information on 
television and radio broadcasting in Pulaski County that would aid in 
determining whether a time zone change for Pulaski County would serve 
the convenience of commerce.

Newspapers

    The Amended Petition includes a chart on newspaper circulation 
numbers in Pulaski County and discusses the circulation of Pulaski 
County's two family-owned newspapers. The chart shows Pulaski County 
subscribers of Eastern and Central Time Zone papers. According to the 
Amended Petition, there are 1498 Pulaski County subscribers to 
newspapers that are published in the Eastern Time Zone and 66 Pulaski 
County subscribers to newspapers that are published in the Central Time 
Zone. The Pulaski County Journal, one of the two newspapers published 
in Pulaski County, has a weekly circulation of 1064 Pulaski County 
subscribers, with 112 additional subscribers living in the Eastern Time 
Zone and 25 from the Central Time Zone. The Amended Petition claims 
that The Francesville Tribune, the other newspaper published in Pulaski 
County, has 752 subscribers in the Eastern Time Zone and 48 subscribers 
in the Central Time Zone, and does not indicate how many subscribers 
are from Pulaski County.
    Based on the information submitted in the Amended Petition with 
regard to newspapers that serve the community, it appears that moving 
the time zone boundary for Pulaski County to the Eastern Time Zone 
would serve the convenience of commerce. DOT seeks comment on the 
information submitted and requests any additional information on 
newspaper circulation in Pulaski County that would aid in determining 
whether changing the time zone for Pulaski County would serve the 
convenience of commerce.

Bus and Passenger Rail Services

    With regard to bus service, the Amended Petition identifies three 
bus stations within 60 miles of Pulaski County. It claims the nearest 
bus station for a north/south trip is in Lafayette, Indiana, in the 
Eastern Time Zone. The Amended Petition also contends the two nearest 
bus stations for east/west trips are located in Michigan City, in the 
Central Time Zone, and South Bend in the Eastern Time Zone.
    With regard to passenger rail service, the Amended Petition claims 
the nearest rail station for a north/south trip is in Rensselaer, 
Indiana, in the Central Time Zone. The Amended Petition also contends 
the nearest rail station for east/west trips is located in South Bend 
in the Eastern Time Zone.
    The Amended Petition admits, ``The use of rail or bus services by 
Pulaski County residents is unknown.'' Nevertheless, it asserts, 
``Given that two (2) of the nearest bus stations and one (1) of the 
rail stations are located in Eastern Time, it makes sense to place 
Pulaski County on Eastern Time so that residents will be on the same 
time zone as most of the existing junction points and division points 
of common carriers.''
    Based on the information submitted in the Amended Petition with 
regard to the use of rail or bus services by Pulaski County residents, 
DOT is unable to determine whether this aspect of the ``convenience of 
commerce'' standard supports a change in Pulaski County's time zone. 
DOT seeks comment on the information submitted and requests any 
additional information on bus and rail services in Pulaski County that 
would aid in determining whether a time zone change for Pulaski County 
would serve the convenience of commerce.

Airports/Airline Services

    The Amended Petition identifies three airports that could 
potentially serve Pulaski County residents: Indianapolis International 
Airport, 99 miles from the County; Chicago O'Hare, 124 miles from the 
County; and South Bend Regional Airport, 68 miles from the County. The 
Amended Petition admits that ``no reliable information is available to 
demonstrate the number of Pulaski County residents who are airline 
passengers to and from Chicago and Indianapolis,'' and refers to the 
County's largest employer who asserts, ``Indianapolis by far is the 
airport most frequently used by staff and customers on company 
business.'' In addition, the Amended Petition quotes the Vice President 
for Travel Agency Services at AAA Hoosier Motor Club in Indianapolis 
who contends, ``Leisure travelers will use the airport where they get 
the best ticket price.'' The Amended Petition then claims ``it is 
highly likely that the passenger fees and other airport taxes are 
higher at Chicago O'Hare than Indianapolis International or South

[[Page 68781]]

Bend,'' but provides no supporting evidence. The Amended Petition notes 
that FedEx operates its East Service Hub Center from Indianapolis 
International Airport and that UPS all-points international air hub is 
located in Louisville, Kentucky, both in the Eastern Time Zone. Exhibit 
E includes a page from the UPS Web site that states other regional hubs 
are located in strategic cities across the United States.
    Based on the information submitted in the Amended Petition with 
regard to airports and airline services that serve the community, DOT 
is unable to determine whether this aspect of the ``convenience of 
commerce'' standard supports a change in Pulaski County's time zone. 
DOT seeks comment on the information submitted and requests any 
additional information on airport and airline services in Pulaski 
County that would aid in determining whether changing the time zone for 
Pulaski County would serve the convenience of commerce.

Worker Commuting Patterns

    The Amended Petition notes that, according to STATS Indiana Annual 
Commuting Trends Profile, 2004, 77% of Pulaski County residents who 
work do so in the County and 13% of the total numbers of persons who 
work in Pulaski County come from other counties. More come from the 
Eastern Time Zone than the Central Time Zone. Local employers reported 
that more out-of-county workers came from counties in the Eastern Time 
Zone than counties in the Central Time Zone. Pulaski Memorial Hospital 
reported the same. The Amended Petition sums up workers migration by 
stating, ``Of those migrating in to work, the majority come from the 
Eastern Time Zone. Of those going out of the County to work, a lesser 
number go to the Central Time Zone than the Eastern Time Zone.'' The 
Amended Petition asserts, ``Given that migration patterns to Eastern 
Time exceed migration patterns to Central Time, there is a greater pool 
of potential workers in the East that may be discouraged from commuting 
to Pulaski County due to time zone difference.''
    Based upon the information submitted with the Amended Petition with 
regard to worker migration, it appears that moving the time zone 
boundary for Pulaski County to the Eastern Time Zone would serve the 
convenience of commerce. DOT solicits further information and data 
supporting or rebutting the information supplied by the Amended 
Petition and how it supports a change in the time zone for the 
convenience of commerce.

The Community's Economy/Economic Development

    The Amended Petition states, ``Outside of its borders Pulaski 
County is not a ``hub'' for the regional economy. It is a peripheral 
player.'' In support of this assertion, the Amended Petition refers to 
the study undertaken by the Pulaski County Community Development 
Commission on ``Key Economic Development Statistics'' which states that 
the employment in the County ``is highly concentrated in agriculture, 
manufacturing, and government.'' The Amended Petition notes that 
immediately after the release of this study, the Commission 
commissioned a ``strategic plan for economic development.'' The plan 
addresses ``job creation and retention, planning and zoning, housing 
opportunities, educational needs, and recreational activities and 
visitor accommodations.'' According to the Amended Petition, each 
challenge is being addressed and positive progress is being made to 
resolve the challenges. This section of the Amended Petition also 
referred to the sections addressing worker migration patterns that 
favor the Eastern Time Zone and stated that regions established by the 
State ``for the administrative ease of delivering governmental 
services* * *should not be relied on as decisive evidence of what time 
zone best serves the commercial convenience of Pulaski County.''
    Based upon the information submitted with the Amended Petition, it 
appears that moving the time zone boundary for Pulaski County to the 
Eastern Time Zone would serve the convenience of commerce. DOT solicits 
further information and data supporting or rebutting the information 
supplied by the Amended Petition and how it supports a change in the 
time zone for the convenience of commerce.

Schooling, Recreation, Health Care, or Religious Worship

    The Amended Petition notes that there are four school districts 
that cover Pulaski County. According to the Amended Petition, the 
Eastern Pulaski Community School Corporation serves Pulaski County and 
part of Fulton County, Union Township (Eastern Time Zone); the West 
Central School Corporation serves Pulaski County and Jasper County 
(Central Time Zone); the Culver Community School Corporation, based in 
Marshall County, covers Pulaski County, Starke County (Central Time 
Zone), and Fulton and Marshall Counties (Eastern Time Zone); and the 
North Judson-San Pierre School Corporation includes Pulaski County and 
Starke County (Central Time Zone). The Amended Petition provides 
detailed information on the number of students in each school district 
and the County of residence for the faculty. In addition, it includes 
detailed information on the athletic programs and events scheduled in 
Eastern and Central Time Zone Counties. The four school districts had 
requested to have the time zone issue resolved before school began last 
August.
    With regard to higher education, the Amended Petition asserts, 
``Businesses encouraging employees to return for further instruction in 
order to strengthen the company with high-skill workers or high school 
graduates unable to afford campus life will be limited if Pulaski 
County remains on the Central Time Zone.'' The Amended Petition notes 
that six of the eight colleges and universities within 50 miles are 
located in the Eastern Time Zone.
    With regard to recreation, the Amended Petition notes, ``Indiana is 
unique in its observance of college and high school basketball as a 
main source of family entertainment.'' The Amended Petition refers back 
to the concerns it raised with regard to high school sporting 
activities. Furthermore, five out of the six colleges noted for 
collegiate sports within 100 miles of Pulaski County and referenced in 
the Amended Petition are in the Eastern Time Zone. The Amended Petition 
notes that with regard to professional football and basketball, there 
is an equal split between the Eastern and Central Time Zones.
    With regard to health care, the Amended Petition provides 
substantial information on the activities of Pulaski Memorial Hospital, 
which the Amended Petition identifies as ``the primary health care 
provider in Pulaski County'' and its second largest employer. The 
Amended Petition asserts, ``Pulaski Memorial Hospital activities, with 
one (1) exception point to the Eastern Time Zone.'' The number of 
referrals of in-patients discharged to another hospital in the Eastern 
Time zone was 147 as compared to 101 to the Central Time Zone. Out-
patient referrals for procedures done in out-of-county facilities, 
however, favored the Central Time Zone 287 to 242 for the Eastern Time 
Zone. There are more independent practitioners and specialty group 
physicians from the Eastern Time Zone. With regard to in-home health 
care services, the number of visits overwhelmingly favors the Eastern 
Time Zone 9538 to 1366.
    The Amended Petition does not address religious worship.

[[Page 68782]]

    Based on the information submitted in the Amended Petition with 
regard to higher education and recreation and possibly health care, it 
appears that moving the time zone boundary for Pulaski County to the 
Eastern Time Zone would serve the convenience of commerce. It is 
unclear, however, whether a time zone boundary change would serve 
primary and secondary education. The Amended Petition was submitted 
prior to the school year and does not include any actual experience 
with regard to Pulaski County's change to the Central Time Zone and its 
effect on school districts that cover Pulaski County. DOT seeks comment 
on the information submitted and requests any additional information on 
schooling as it relates to the school districts that cover Pulaski 
County that would aid in determining whether changing the time zone for 
Pulaski County would serve the convenience of commerce. DOT 
specifically requests comments from the Fulton, Marshall, Starke, and 
Jasper Counties that are in the same school districts as Pulaski 
County. DOT also requests comments on any other recreational activities 
that would be relevant to this proceeding, on whether the home visits 
by county of residence noted on page 24 of the Amended Petition were 
based on a per person or per visit basis, and on a time zone change and 
its effect on religious worship, if any.

Regional Connections

    In the original rulemaking proceeding to change time zone 
boundaries from the Eastern Time Zone to the Central Time Zone, 
petitioning counties and commenters advocated for a move by referring 
to their ties to other Indiana counties currently in the Central Time 
Zone. Many referred to data from STATS Indiana, an information service 
of the Indiana Business Research Center at Indiana University's Kelly 
School of Business. This data includes the Indiana Annual Commuting 
Trends Profile, based on Indiana IT 40 returns. Commenters supporting 
the proposed change to Central Time also referred to data from the 
Indiana Economic Development Corporation (IEDC), the Indiana Department 
of Workforce Development, the Indiana Department of Transportation and 
the Indiana Department of Education, and Designated Media Markets as 
defined by the Nielsen for use in television ratings.
    DOT carefully reviewed this data and utilized it in reaching its 
decision. As stated in the January 2006 Final Rule, ``Pulaski has 
regional economic and workforce ties and business connections to 
counties already in the Central Time Zone. Those ties are enhanced by 
moving the time zone boundary for Pulaski County.''
    The Amended Petition does not address regional connections, as a 
specific, separate issue. It does, however, address regional 
connectivity as part of its answers to the questions raised by DOT. The 
Amended Petition refers to regions established by the State of Indiana 
and notes, ``These regions are properly regarded as regions for the 
administrative ease of delivering governmental services and should not 
be relied upon as decisive evidence of what time zone best serves the 
commercial convenience of Pulaski County. Regardless of where Pulaski 
County is placed in state government regions, Pulaski County is 
fundamentally different as a rural county and on the periphery from the 
major cities that comprise the hub of these regions.'' It further 
states, ``A rational basis can be asserted for including Pulaski County 
in a time zone that serves commercial convenience focusing on small 
rural populations with an agricultural/small manufacturing economy. 
This informal region would include the counties of Fulton, Pulaski, 
White, Jasper, and Newton.''
    Regional connections are also addressed in letters from the Indiana 
Economic Development Corporation and the Indiana Department of 
Workforce Development. They noted that they established their 
respective regions based on their ability to deliver services. They did 
not establish regions based on time zones or ``stream of commerce.'' 
The data from STATS Indiana concerning employment and earnings by 
industry refer to the Bureau of Economic Analysis (BEA) as its source. 
According to BEA's Web site, ``BEA produces economic accounts 
statistics that enable government and business decision-makers, 
researchers, and the American public to follow and understand the 
performance of the Nation's economy. To do this, BEA collects source 
data, conducts research and analysis, develops and implements 
estimation methodologies, and disseminates statistics to the public. 
BEA's economic areas define the relevant regional markets surrounding 
metropolitan or micropolitan statistical areas. They consist of one or 
more economic nodes--metropolitan or micropolitan statistical areas 
that serve as regional centers of economic activity--and the 
surrounding counties that are economically related to the nodes.'' 
(Emphasis added.) Pulaski County is in BEA area 156 with other counties 
that are in the Eastern Time Zone (Elkhart, Fulton, Kosciusko, 
Lagrange, Marshall, St. Joseph Counties in Indiana and Berrien, Cass, 
and St. Joseph Counties in Michigan), with the exception of Starke 
County. Starke County, like Pulaski County, petitioned to have its time 
zone boundary changed to the Central Time Zone and DOT granted that 
petition and changed the time zone in January 2006.
    Based on the information submitted in the Amended Petition with 
regard to regional connections, it appears that moving the time zone 
boundary for Pulaski County to the Eastern Time Zone would serve the 
convenience of commerce. DOT seeks comment on the information submitted 
and requests any additional information concerning regional connections 
that would aid in determining whether changing the time zone for 
Pulaski County would serve the convenience of commerce.

Request for Comments

    To aid us in our consideration of whether a time zone change would 
be ``for the convenience of commerce,'' we ask for comments on the 
impact on commerce of a change in the time zone and whether a new time 
zone would improve the convenience of commerce. The comments should 
address the impact on such things as economic, cultural, social, and 
civic activities and how time zone changes affect businesses, 
communication, transportation, and education. The comments should be as 
detailed as possible, providing the basis of the information including 
factual data or surveys. For example, with regard to major bus, rail, 
and air transportation, information such as the average time it takes 
for a county resident to travel to a transportation terminal or the 
average distance to the terminal for a county resident would be useful. 
With regard to the impact of the time zone on education, if a school 
district crosses county lines, the number of students in each county in 
that district would be helpful. Information on school activities such 
as sporting events or academic competitions that take place in other 
counties or locations that are not on the same time zone as the school 
district would also be useful. Similar information on community 
colleges could also be beneficial. Finally, we would appreciate 
information on how the different time zones affect the students and the 
schools.
    We specifically invite comment from neighboring Indiana counties 
and counties in other States that may also be impacted by changing 
Pulaski County's time zone boundary.

[[Page 68783]]

    Although Pulaski County has submitted sufficient information to 
begin the rulemaking process, the decision whether actually to make the 
change will also consider information submitted in writing to the 
docket. Persons supporting or opposing the change should not assume 
that the change will be made merely because DOT is making the proposal. 
DOT here issues no opinion on the ultimate merits of the County's 
request. We note that Pulaski County and its residents have had only a 
short time to experience the effects of changing from Eastern to 
Central Time and now the County proposes to change back again. This may 
result in many comments to the docket. Our decision in the final rule 
will be made on the basis of information and comments developed during 
the entire rulemaking proceeding. In our experience, time zone boundary 
changes can be extremely disruptive to a community and, therefore, 
should not be made without careful consideration. At the close of the 
comment period, we will analyze the comments submitted and decide 
whether to withdraw the proposal (and deny the petition) or issue a 
final rule.

Comment Period

    We are providing 30 days for public comments in this proceeding. 
Although we normally provide 60 days for public comments on proposed 
rules, we believe that 30 days is an adequate public comment period in 
this instance. It is important to resolve this rulemaking expeditiously 
so that we can provide ample notice if a change to Pulaski County's 
time zone boundary is adopted. Since the introduction and passage of 
the Indiana Act in 2005 and through DOT's time zone regulatory 
proceeding and compliance discussions with Pulaski County, the time 
zone boundary issue has been actively discussed and analyzed. In this 
regard, we expect that 30 days is adequate time to gather the necessary 
data, which is based on currently available information.

Regulatory Analysis & 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, 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 
that are independently owned and operated and are not dominant in their 
fields, 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, a number of small 
governmental jurisdictions, it would not be a substantial number. In 
addition, the change should have little, if any, economic impact.
    Therefore, I certify 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 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 
impose 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 result in 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.

Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

[[Page 68784]]

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 Part 71 as follows:

PART 71--STANDARD TIME ZONE BOUNDARIES

    1. The authority citation for part 71 continues to read as follows:

    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 1.59(a).

    2. Paragraph (b) of Sec.  71.5 is revised to read as follows:


Sec.  71.5  Boundary line between eastern and central zones.

* * * * *
    (b) Indiana-Illinois. From the junction of the western boundary 
of the State of Michigan with the northern boundary of the State of 
Indiana easterly along the northern boundary of the State of Indiana 
to the east line of LaPorte County; thence southerly along the east 
line of LaPorte County to the north line of Starke County; thence 
east along the north line of Starke County to the west line of 
Mashall County; thence south along the west line of Marshall County 
thence west along the north line of Pulaski County to the east line 
of Jasper County; thence south along the east line of Jasper County 
to the south line of Jasper County; thence west along the south 
lines of Jasper and Newton Counties to the western boundary of the 
State of Indiana; thence south along the western boundary of the 
State of Indiana to the north line of Knox County; thence easterly 
along the north line of Knox, Daviess, and Martin Counties to the 
west line of Lawrence County; thence south along the west line of 
Lawrence, Orange, and Crawford Counties to the north line of Perry 
County; thence easterly and southerly along the north and east line 
of Perry County to the Indiana-Kentucky boundary.

    Issued in Washington, DC on November 22, 2006.
Rosalind A. Knapp,
Acting General Counsel.
[FR Doc. 06-9432 Filed 11-22-06; 2:27 pm]
BILLING CODE 4910-9X-P