[Federal Register Volume 72, Number 27 (Friday, February 9, 2007)]
[Rules and Regulations]
[Pages 6170-6177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-601]
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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: Final rule.
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SUMMARY: DOT is relocating the time zone boundary in Indiana to move
Pulaski County, Indiana, from the Central Time Zone to the Eastern Time
Zone. This action serves the convenience of commerce, the statutory
standard for a time zone change, and is taken in response to a petition
filed by the Pulaski County Commissioners and County Council.
DATES: The effective date of this rule is 2 a.m. CST, Sunday, March 11,
2007, which is the changeover date from standard time to daylight
saving time.
FOR FURTHER INFORMATION CONTACT: Judith S. Kaleta, Office of the
General Counsel, U.S. Department of Transportation, Room 10428, 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. The entire State began to
observe daylight saving time in 2006. 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.
In January 2006, DOT completed a rulemaking proceeding establishing
new time zone boundaries that resulted in the current time zone
observance. In that rulemaking in response to a petition from Pulaski
County as well as other Indiana counties, the County was moved to the
Central Time Zone. Pulaski County is bordered to the north and west by
counties in the Central Time Zone and to the south and east by counties
in the Eastern Time Zone. In February 2006, Pulaski County filed a
Petition requesting a time zone change back to the Eastern Time Zone,
and subsequently filed an Amended Petition.
In August 2006, 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 Final Rule addresses only
Pulaski County. DOT is evaluating the Joint Petition and supplemental
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.
[[Page 6171]]
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 legislation adopted by the
Indiana legislature (Pub. L. 243-005), 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 other
relevant documents concerning the appropriate placement of the time
zone boundary in the State of Indiana.
Pulaski County was one of nineteen 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) for a time zone change in which they enumerated reasons for a
move to the Central Time Zone based on comments made during an open
public meeting. The 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.
On October 31, 2005, DOT published a Notice of Proposed Rulemaking
(70 FR 6228), tentatively proposing to relocate the time zone boundary
in Indiana to move the time zone boundaries for several counties, but
not Pulaski County. However, the notice stated that if we received
additional information supporting a time zone change, we would make the
change at the final rule stage of the proceeding.
On November 15, 2005, at a public hearing conducted by DOT in
Logansport, Indiana, the Director 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 of 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.
There were 71 comments submitted to the docket from Pulaski County.
Of these comments, 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 the petition, comments at the hearing, and comments to the
docket, Pulaski County was one of the eight counties that DOT moved
from the Eastern Time Zone to the Central Time Zone under the January
2006 final rule (71 FR 3228). The final rule was to be effective on
April 2, 2006.
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
had solicited. Furthermore, the new petition requested a change that
was contrary to the County's original petition. The new petition stated
that the original petition ``was made with an understanding that our
neighboring counties were favoring the same Zone of Central Time.'' In
addition, the new petition was also contrary to 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 two-page petition. The new six-page
petition provided various reasons for a time zone change, but did not
provide detailed information in support of its new position or the
sources for the new information submitted. Therefore, before making any
determination on changing the time zone boundary for Pulaski County, in
a May 22, 2006, letter, DOT reminded the County officials of the legal
requirements for a time zone change and asked for an explanation of the
contradictions between the original petition and the new petition. DOT
also requested information, and the sources of the 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
included answers to the questions DOT considers in making time zone
determinations and exhibits in support of the answers. The Amended
Petition repeatedly stated that the information set forth in the
original petition in response to DOT's time zone questions ``is
limited, and opinion without
[[Page 6172]]
substantial and verifiable evidence to support the claims made.'' The
Amended Petition provided 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, and religious
worship. These responses were significantly more detailed than the
information contained in the original petition or the February 7, 2006,
petition, and provided the source of the information.
In August 2006, Indiana Governor Daniels, the Indiana Economic
Development Corporation, and the Indiana Department of Workforce
Development submitted letters to the docket. The Governor supported 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 would 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.''
Notice of Proposed Rulemaking
On November 28, 2006, DOT published a Notice of Proposed Rulemaking
(NPRM) (71 FR 68777) proposing to move the time zone boundary for
Pulaski County. Based on the Amended Petition and the supporting data
submitted with it, DOT found that Pulaski County provided enough
information to justify proposing to change its time zone boundary from
the Central Time Zone to the Eastern Time Zone.
To aid us in our consideration of whether a time zone change would
be ``for the convenience of commerce,'' we asked 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. We requested that
commenters address the impact on such things as economic, cultural,
social, and civic activities and how time zone changes affect
businesses, communication, transportation, and education. We
specifically invited comment from neighboring Indiana counties and
counties in other States that may also be impacted by changing Pulaski
County's time zone boundary.
We provided 30 days for public comments in this proceeding and said
that we would consider late comments to the extent practicable.
Comments to the Docket
An Overview
There were over 100 comments submitted in response to the NPRM,
several with multiple signatures. Elected officials from Pulaski County
commented to the DOT docket. Each of the three Pulaski County
Commissioners filed comments as did the Winamac Town Council. There
were comments from various large and small business interests,
including farming, real estate, tax services, the food industry, and
banks, all voicing support of either the Eastern or Central Time Zone
based on operational issues and/or employee preferences. There were
also comments from individuals, expressing their personal interests and
preferences, as well as their views on how a time zone change would be
for the convenience of commerce. While the majority of the commenters
were from Pulaski County residents, there were commenters from White
and Starke Counties, counties to the south and north of Pulaski County
respectively, and from Seattle, Washington.
The overwhelming majority of the commenters (93%) supported
changing the time zone boundary for Pulaski County back to the Eastern
Time Zone. The Pulaski County Commissioners, filing individual
comments, supported a change to eliminate confusion for residents and
unite with neighboring counties in the Eastern Time Zone. In support of
the Eastern Time Zone for the Pulaski County, the Winamac Town Council
said it would benefit the surrounding counties, school corporations,
commuting residents, and that it would be helpful for the local
government to be on the same time as the state government in
Indianapolis. Most businesses commented on how a change back to the
Eastern Time Zone would allow them more time during regular business
hours to be in contact with suppliers and customers who are in the
Eastern Time Zone. Two businesses sent in petitions with the names and
signatures of over 200 individuals who ``desire to be on the same time
as our surrounding counties'' and ``would also prefer to be on the same
time as our state capitol.'' Individuals said ``it would be a hardship
to have our county on a different time than the majority of the
surrounding counties.'' Sharing the views of business, individuals also
noted an interest in being in the same time zone as Indianapolis. Still
other commenters expressed preference for the Eastern Time Zone so that
they could enjoy more daylight in the evenings for recreational
activities.
The commenters who favored Central Time referred to a variety of
reasons to support their position. Some mentioned current work and
growing markets in the greater Chicago metropolitan area, which
observes Central Time. Others noted the benefits of extra daylight in
the early morning. Still others suggested Pulaski County really should
try to observe Central Time, saying businesses never made a change from
Eastern to Central Time, but merely adjusted hours of operation and
called it ``Commerce Time.'' One Pulaski County resident noted that
Starke County has ``survived'' the move to the Central Time Zone
``quite well.'' A Starke County resident stated that Pulaski should
remain on Central Time with Starke. A few Central Time Zone supporters
expressed concern that support for Central Time ``has been stifled''
and that ``supporters of Central have been lampooned.''
There were several commenters who expressed a ``One State, One
Time'' position, some favoring the Eastern Time Zone and others
preferring the Central Time Zone. Because Pulaski County borders on
counties in the both the Eastern and Central Time Zones, commenters
noted the hardship that split time zones have on school children,
during their academic day and after school. At least one commenter
suggested dividing the State ``down the middle.'' DOT does not have a
statewide proposal before it nor has the Indiana legislature endorsed
such an approach. It is beyond the scope of this proceeding, therefore,
to consider this broader change to the State's time zone boundaries.
A few commenters requested that DOT eliminate Daylight Saving Time.
Federal law provides that it is up to an individual State to decide
whether to observe Daylight Saving Time. This final rule does not
change the 2006 decision of the Indiana legislature that the entire
State observe Daylight Saving Time.
In summary, as compared to 71 commenters to the docket in the first
time zone proceeding, there were 272 commenters in this proceeding. Of
these comments, 255 favored the Eastern Time Zone and 15 favored the
Central Time Zone. Of these commenters, a few also expressed interest
in having Indiana in the same time zone. In addition, 2 commenters
expressed interest in having Indiana on the same time zone, expressing
no preference.
We now consider comments addressing the questions that DOT asks to
decide whether a time zone change
[[Page 6173]]
would serve the convenience of commerce.
Community Imports and Exports
Based upon the information submitted with the Amended Petition, the
NPRM noted that 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 therefore,
that moving the time zone boundary for Pulaski County to the Eastern
Time Zone would serve the convenience of commerce. In proposing a
change back to the Eastern Time Zone, the NRPM referred to the Amended
Petition's 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. For example, the
Joint Petition referred to the high production ranking in the state for
corn and soybeans and that the inputs for these crops come from the
Eastern Time Zone and that 85% of the marketing for these products
occurs in the Eastern Time Zone. It also noted that agricultural
fertilizer and chemical dealers marketing to the County are in the
Eastern Time Zone. The markets for livestock, poultry and dairy
products are in the Eastern Time Zone. The Amended Petition also noted
the County's two financial institutions, both of which have branches in
the Eastern and Central Time Zones. Exhibits to the Joint Petition
provided data to support these claims. DOT solicited further
information that would aid in determining whether a change in the time
zone for Pulaski County would serve the convenience of commerce.
Several businesses, large and small, commented that the impact of
being in the Central Time Zone was the loss of time to contact
customers and suppliers in the Eastern Time Zone. They noted that they
are losing an hour of ``prime time'' in the morning in reaching the
Eastern Time Zone, and that they also lost contact availability around
lunch time and the end of the day.
One small business with customers in White, Pulaski, Cass, and
Fulton Counties noted that only Pulaski County was currently located in
the Central Time Zone and it would ease problems with billing times if
all its customers were in the same time zone. Another small company
commented that moving to the Eastern Time Zone would benefit the
company's drivers who must arrive at job sites around the state in
Eastern Time Zone locations by 7:00 a.m.
Representatives of several banks, from Presidents to branch
managers, submitted comments in support of the Eastern Time Zone. One
noted that the majority of the bank's business came from the Eastern
Time Zone and that most of its branch offices were also in the Eastern
Time Zone. Placement in the Central Time Zone resulted in being ``out
of sync'' with the rest of their organizations. It had a direct effect
on inter-office computer programming, dispatching, appointments, and
personnel scheduling. Another bank representative mentioned operational
difficulties and problems for employees in supporting a move to the
Eastern Time Zone. That bank representative also took a broader
perspective and said the bank supports the Eastern Time Zone ``to be
with the majority of the state.''
Television and Radio Broadcasts
In the NPRM, DOT noted that it was unable to determine whether the
television and radio broadcasting aspect of the convenience of commerce
standard supported a change in Pulaski County's time zone based on the
Amended Petition. The Amended Petition provided information regarding
television and radio broadcasting to cities in Pulaski County. It
referred to Pulaski County's place in the South Bend/Elkhart Designated
Market Area (DMA), noting that 8 of the 10 counties in the DMA were in
the Eastern Time Zone. The Amended Petition maintained 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 also discussed cable TV service, Direct TV service, DISH
Network, and the use of TV antennas. With regard to radio broadcasting,
the Amended Petition provided a list of all Indiana radio stations, but
did not indicate the strength of the radio signals in Pulaski County.
DOT sought comment on the information submitted and requested 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.
Few comments submitted to the docket in response to the NPRM
addressed this aspect of the convenience of commerce standard. The
owner of a Winamac business mentioned, ``The bulk of our local media is
in the eastern time zone'' and spending ``several thousand dollars a
year on TV advertising.'' A Pulaski County resident commented that the
County is ``more oriented'' to the Eastern Time Zone media markets than
to the Central Time Zone. A visitor to the County noted ``the TV
stations are mixed, the weather channel local weather is from Valpariso
(central) the local radio station is in Knox (central).'' A student
favored the Central Time Zone because, on Eastern Time, TV shows would
be on an hour later.
Newspapers
In the NPRM, DOT noted that it appears that moving the time zone
boundary for Pulaski County to the Eastern Time Zone would serve the
convenience of commerce based on the information submitted in the
Amended Petition with regard to newspapers that serve the community.
The Amended Petition provided data on newspaper circulation numbers in
Pulaski County and discussed the circulation of Pulaski County's two
family-owned newspapers. The Amended Petition also showed Pulaski
County subscribers of Eastern and Central Time Zone newspapers. DOT
sought comment on the information submitted and requested 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.
The editor of the Francesville Tribune, one of two Pulaski County-
based newspapers, submitted a comment in support of the change to the
Eastern Time Zone. In addition to expressing her opinion on the
benefits of a time zone change for students, parents, hospitals, and
patients, she stated, ``A large majority of our customers and
advertisers are already in the eastern time zone and therefore
communication must be done on eastern hours.'' The editor of the
ExPress, ``Pulaski County's most read and respected paper,'' also
submitted a comment in support of a change to the Eastern Time Zone,
but did not comment upon the impact of time zone on the newspaper
industry.
Bus and Passenger Rail Services
As noted in the NPRM, DOT was unable to determine whether the bus
and passenger rail services aspect of the convenience of commerce
standard supports a change in Pulaski County's time zone based on the
information submitted in the Amended Petition. The Amended Petition
referred to the nearest bus and rail stations for north/south and east/
west in support of the Eastern Time Zone, although the Amended Petition
admitted, ``The use of rail or bus services by Pulaski County
[[Page 6174]]
residents is unknown.'' DOT sought comment on the information submitted
and requested 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.
Although a few commenters generally referred to transportation, no
comments were submitted that referred to bus and passenger rail
service.
Airports/Airline Services
In the NPRM, DOT stated that it was unable to determine whether the
airports/airline aspect of the convenience of commerce standard
supports a change in Pulaski County's time zone based on the
information submitted in the Amended Petition. The Amended Petition
identified 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
admitted that ``no reliable information is available to demonstrate the
number of Pulaski County residents who are airline passengers to and
from Chicago and Indianapolis,'' but referred to the County's largest
employer, noting that both staff and customers use the Indianapolis
Airport. The Amended Petition also referred to the operations of
package delivery services by FedEx and UPS, with hubs in the Eastern
Time Zone. DOT sought comment on the information submitted and
requested 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.
As noted above, a few commenters generally referred to
transportation. There were no comments, however, concerning airports/
airline services.
Worker Commuting Patterns
Based upon the information submitted with the Amended Petition with
regard to worker commuting patterns, the NPRM noted that it appears
that moving the time zone boundary for Pulaski County to the Eastern
Time Zone would serve the convenience of commerce. The Amended Petition
stated 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 workforce comes from other counties. Of those
coming into the County to work, more come from the Eastern Time Zone
than the Central Time Zone. The Amended Petition summed up worker
commuting 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.'' DOT solicited 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.
A few commenters referenced worker commuting patterns generally to
favor a move to the Eastern Time Zone. Some were businesses discussing
employee home and work locations. Others were individuals commenting on
their personal experience. No commenters claimed that worker commuting
patterns supported remaining in the Central Time Zone.
The Community's Economy/Economic Development
Based upon the information submitted with the Amended Petition with
regard to economic development, the NPRM noted that it appears that
moving the time zone boundary for Pulaski County to the Eastern Time
Zone would serve the convenience of commerce. The Amended Petition
stated, ``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 referred to a study undertaken by the
Pulaski County Community Development Commission that states that the
employment in the County ``is highly concentrated in agriculture,
manufacturing, and government.'' DOT solicited 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.
In response to the NPRM, the Executive Director of the Pulaski
County Community Development Commission expressed his support for the
Eastern Time Zone, based on ``a year of experience in working with this
issue.'' He noted that ``the majority'' of the Commission's ``contacts
and clients favor the Eastern Time Zone.'' A member of the Pulaski
County Community Development Commission expressed a different view,
favoring the Central Time Zone. He noted that his company sees ``growth
in the markets to the greater Chicago land areas, all of which observe
Central Time'' and that ``growth will come as a result of the continued
growth of Chicago, Valparaiso, and Rensselaer.''
Several agri-businesses submitted comments favoring the Eastern
Time Zone, noting the agri-business community ``relies on several
businesses to open early to provide goods and services to * * * local
and surrounding communities. It is best for all of these related
businesses to be on the same time zone to communicate with one another
as needed.''
Schooling, Recreation, Health Care, or Religious Worship
Based on the information submitted in the Amended Petition with
regard to higher education and recreation and possibly health care, the
NPRM noted that it appears that moving the time zone boundary for
Pulaski County to the Eastern Time Zone would serve the convenience of
commerce. The NPRM also noted that it is unclear whether a time zone
boundary change would serve primary and secondary education. DOT sought
comment on the information submitted and requested additional
information on schooling as it relates to the school districts that
cover Pulaski County. DOT also requested comments on any other
recreational activities that would be relevant to this proceeding, on
whether the home health care 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.
The Amended Petition noted that there are four school districts
that cover Pulaski County, serving Pulaski County and counties in the
Eastern and Central Time Zones. The Amended Petition provided detailed
information on the number of students in each school district and the
county of residence for the faculty. In addition, it included detailed
information on the athletic programs and events scheduled in Eastern
and Central Time Zone counties. With regard to higher education, the
Amended Petition asserted that the employees of businesses encouraging
additional schooling and high school graduates unable to afford campus
life will have limited opportunities if Pulaski County were to remain
in the Central Time Zone. The Amended Petition noted six of the eight
colleges and universities within 50 miles are located in the Eastern
Time Zone.
In response to the NPRM request for comments on the impact of a
time zone change with regard to schooling, the Superintendent of
Schools for the Eastern Pulaski Community School Corporation wrote
favoring the Eastern Time Zone, ``in the best interest of * * *
students, parents, staff, and
[[Page 6175]]
community.'' He noted the schools ``interact with those counties in the
Eastern Time Zone far more than counties in the Central Time Zone.'' He
referred specifically to special education students commuting to
Logansport and students from Fulton County in the Eastern Time Zone.
Several businesses submitted comments in favor of the Eastern Time Zone
due to the negative impact of the Central Time Zone on their workers
who had school children. Parents, too, wrote in support of the Eastern
Time Zone based on their children commuting to schools in the Eastern
Time Zone. On the other hand, one commenter who favored the Central
Time Zone noted that ``West Central has several students who live in
Jasper County (central time zone) they also have students that they
transport to Rensselaer (central).'' However, as one commenter who
favored Central Time stated, ``no matter what is decided, someone is
going to have to deal with students being in different time zones.'' A
student favored the Central Time Zone so that his father could attend
his sporting events. DOT specifically requested comments from the
Fulton, Marshall, Starke, and Jasper Counties that are in the same
school districts as Pulaski County, but did not receive any comments
from these counties.
With regard to recreation, the Amended Petition stated, ``Indiana
is unique in its observance of college and high school basketball as a
main source of family entertainment.'' The Amended Petition noted that
five out of the six colleges noted for collegiate sports within 100
miles of Pulaski County are in the Eastern Time Zone. The Amended
Petition also noted 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 provided
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.
Commenting on in-patient and out-patient referrals, practitioners and
specialty group physicians, and in-home health care, the Amended
Petition asserted, ``Pulaski Memorial Hospital activities, with one (1)
exception point to the Eastern Time Zone.'' It supported this assertion
with detailed statistics.
In response to the NPRM's request for comments with regard to
health care, the Chief Executive Officer submitted comments to the
docket on behalf of the Pulaski Memorial Hospital Board of Trustees and
the hospital's medical staff, supporting a change back to the Eastern
Time Zone. He noted a ``significant number of physicians who have a
part time clinical practice in Winamac but whose main practice
locations are in other towns in the Eastern Time Zone would be
adversely affected'' if Pulaski County were in the Central Time Zone.
He further noted, ``Reasonable access by the citizens of Pulaski County
to high quality specialized medical and surgical care is dependent upon
these physicians * * *'' A family physician commented that ``90% of the
people and organizations both business and nonprofit that I deal with
are on eastern time.'' Another family physician noted his medical
referrals are ``almost exclusively oriented'' to the Eastern Time Zone.
A nurse practitioner noted that ``patients are confused as to what time
it is,'' resulting in missed appointments. A doctor of optometry
supported the Eastern Time Zone for patient scheduling purposes,
patient referrals, and for buying materials and supplies. Individuals
commented on their primary physicians, specialists, and dentists in the
Eastern Time Zone.
The Amended Petition did not address religious worship. In response
to DOT's request for comments on this aspect of the convenience of
commerce standard, a few commenters mentioned time zone differences
with regard to going to church services. Two religious organizations
submitted comments on the impact of time zone on religious worship,
supporting the Eastern Time Zone. The church leader of Grace
International Ministries doing business as Church of the Heartland
noted that the Church has over 400 members ``involved in 5 counties
with 5 campus locations.'' He stated, ``For the sake of scheduling
services, travel and for convenience of parishioners and staff, it
would greatly enhance our ministries if Pulaski were moved to the
Eastern Time Zone.'' The Pastor of the Fellowship Baptist Church noted
its members lived in the Eastern Time Zone, with only one family living
in Starke County in the Central Time Zone and the rest living in either
Pulaski County or Fulton, Cass, or White Counties in the Eastern Time
Zone.
Regional Connections
Based on the information submitted in the Amended Petition with
regard to regional connections, the NPRM noted that it appears that
moving the time zone boundary for Pulaski County to the Eastern Time
Zone would serve the convenience of commerce. The Amended Petition
referred to regions established by the State of Indiana and said,
``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 stated, ``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 identified the source of the information as the Bureau of
Economic Analysis (BEA), which produces economic statistics to help
government and business decision-makers, researchers, and the American
public to follow and understand the performance of the Nation's
economy. 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. Starke County did not seek
to change its time zone boundary back to the Eastern Time Zone. DOT
sought comment on the information submitted and requested 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.
As noted above, the Indiana Economic Development Corporation and
the Indiana Department of Workforce Development submitted letters to
the docket prior to the NPRM, addressing regional connections. They
noted that
[[Page 6176]]
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.'' A few commenters to the NPRM referred to
connections with the surrounding counties in the Eastern Time Zone.
These commenters did not provide any detailed information.
DOT Determination
Based upon the Amended Petition, information submitted with the
Amended Petition, and comments submitted in response to the NPRM, DOT
is relocating the time zone boundary for Pulaski County from the
Central Time Zone to the Eastern Time Zone.
Pulaski County addressed all the factors we consider in these
proceedings and made a convincing case that changing back to the
Eastern Time Zone would serve the convenience of commerce by providing
more detailed and substantiated information than the original petition
and comments submitted. Written comments supported moving Pulaski
County to the Eastern Time Zone. We did not receive any additional
information that would persuade us to change our initial determination
as proposed in the November 2006 NPRM.
DOT is unable to determine whether the transportation-related
aspects (rail/bus/airports/airline services) of the convenience of
commerce standard as well as the television/radio broadcast aspects of
the standard support a change in Pulaski County's time zone. However,
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. Commenters addressing this issue make a
strong case for the Eastern Time Zone. Newspapers that serve the
community, worker commuting patterns, higher education, recreation,
health care concerns as well as regional connections appear to favor
the Eastern Time Zone.
Conclusion
In our experience, time zone boundary changes can be extremely
disruptive to a community and, therefore, should not be made without
careful consideration. Both for legal and policy reasons, the
truthfulness of information submitted to the United States government
is of critical importance. Indeed, it is legally required under 18
U.S.C. 1001, as we reminded the County officials in our May 22, 2006,
that preceded the Amended Petition. DOT takes seriously the review of
any petition seeking a change in time zone boundaries and relies upon
the accuracy of data and information supporting the petition.
Therefore, we have relied upon the new information and data provided by
the County and other commenters and expect it to be both accurate and
truthful. DOT devoted an extensive amount of time in analyzing the
original petition and issuing a final rule to change the time zone
boundary for Pulaski County to the Central Time Zone and to this
proceeding changing the time zone boundary back to the Eastern Time
Zone. We have determined that a change in the time zone boundary to the
Eastern Time Zone serves the convenience of commerce, and we expect the
County and its citizens to comply with this final rule.
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 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 rule primarily affects individuals and their scheduling of
activities. Although it would affect some small businesses, not-for-
profits and, perhaps, a number of small governmental jurisdictions, we
have not received comments asserting that our proposal, if adopted,
would have a significant economic impact on small entities.
Therefore, I certify under 5 U.S.C. 605(b) that this final rule
does not have a significant economic impact on a substantial number of
small entities. 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 rule so that they can better
implement it.
Collection of Information
This final rule does not call for a new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule does not have a substantial direct effect on, or sufficient
federalism implications for, the States, nor would it limit the
policymaking discretion of the States. Therefore, the consultation
requirements of Executive Order 13132 do not apply.
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 final rule would not impose
an unfunded mandate.
Taking of Private Property
This final rule does 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 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 as defined by the
Executive Order that may disproportionately affect children.
[[Page 6177]]
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.
List of Subjects in 49 CFR Part 71
Time zones.
0
For the reasons discussed above, the Office of the Secretary amends
Title 49 part 71 to read as follows:
PART 71--[AMENDED]
0
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).
0
2. Paragraph (b) of Sec. 71.5, Boundary line between eastern and
central zones, 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: February 5, 2007.
Mary E. Peters,
Secretary.
[FR Doc. 07-601 Filed 2-6-07; 4:10 pm]
BILLING CODE 4910-62-P