[Federal Register Volume 68, Number 140 (Tuesday, July 22, 2003)]
[Rules and Regulations]
[Pages 43336-43339]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 03-18610]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 71
[OST Docket No. OST-2001-10287]
RIN 2105-AD03
Relocation of Standard Time Zone Boundary in the State of North
Dakota: Morton County
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule.
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SUMMARY: The Department of Transportation (DOT) is moving all of Morton
County, North Dakota to the central time zone. Prior to this action,
the eastern portion of the county was in central time and the western
portion was in mountain time. This action is taken in response to a
petition filed by the Board of County Commissioners and based on
extensive comments made at a public hearing and filed in the docket.
DATES: The effective date of this rule is 2 a.m. MDT Sunday, October
26, 2003.
FOR FURTHER INFORMATION CONTACT: Joanne Petrie, Office of the Assistant
General Counsel for Regulation and Enforcement, U.S. Department of
Transportation, Room 10424, 400 Seventh Street, SW., Washington, DC
20590, (202) 366-9315 or by e-mail at joanne.petrie@ost.dot.gov.
Electronic Access
You can view and download this document by going to the webpage of
the Department's Docket Management System (http://dms.dot.gov/). On
that page, click on ``search.'' On the next page, type in the last five
digits of the docket number shown on the first page of this document.
Then click on ``search.'' Using a computer modem, and suitable
communications software from the Government Printing Office's
Electronic Bulletin Board Service at (202) 512-1661 also may download
an electronic copy of this document. Internet users may reach the
Office of Federal Register's home page at http://www.nara.gov/fedreg
and the Government Printing Office's database at http://
www.access.gpo.gov/nara/index.html.
SUPPLEMENTARY INFORMATION:
Background
Legal Requirements
Under the Uniform Time Act of 1918, as amended, (15 U.S.C. 260-
264), either the Secretary of Transportation or Congress may move a
time zone boundary in the United States. The current boundaries are set
forth in regulations that are found in 49 CFR part 71.
DOT has issued guidance to communities concerning how to begin a
rulemaking proceeding to change a time zone boundary. This guidance,
which is non-binding, recommends that the highest governmental body
representing the area affirmatively ask DOT to make the change.
Depending on the area in question, the highest governmental body may be
the town or county representatives, or the Governor or State
legislature. We presume that this group represents the views of the
community. We do not require that the community conduct a vote or
referendum on this
[[Page 43337]]
issue. We solicit the views of all interested parties, not just
individuals and businesses in the affected area.
15 U.S.C. 261 states that the standard for making this decision is
``regard for the convenience of commerce and the existing junction
points and division points of common carriers engaged in interstate or
foreign commerce.'' In order to determine what decision would support
``the convenience of commerce,'' the Department looks at a wide variety
of factors about how the potential change would affect the community
and surrounding areas.
Time zone boundaries were originally set up in the late 1800s.
Although they were based on geographic considerations (i.e., the sun
should be more or less overhead at noon), the exact boundary was set
largely based on the convenience of commerce and the needs of the
railroads. In addition, geographic boundaries, such as mountains and
rivers, also play a role. Therefore, it is reasonable to expect
variation in the time zone boundary alignment. In North Dakota, the
western time zone boundary between central and mountain time extends to
the North Dakota-Montana border in the north of the State near
Williston and has largely followed natural boundaries such as Lake
Sakakawea and the Missouri River. In recent years, however, there have
been a number of requests by counties west of the river to change to
central time. DOT changed Oliver County in 1992, and is currently
considering requests from Sioux and Mercer Counties to move their time
zone boundaries.
Currently, Morton County is one of the few counties in the United
States split by a time zone boundary. The eastern portion of the
county, which includes the county seat and largest city in the county
(Mandan) is on central time. The western portion of the county, which
is more rural, is on mountain time. The counties bordering Morton
County are split between central and mountain time observance. Oliver
County, Burleigh County (which includes the major city in the area,
Bismarck), Emmons County, portions of Sioux County, and the Standing
Rock Sioux Reservation all observe central time. Grant County,
Hettinger County, Stark County, and Mercer County observe mountain
time.
History of This Proceeding
In a petition dated April 9, 2001, the Chairman of the Board of
County Commissioners for Morton County asked the Department of
Transportation to move the western portion of Morton County, North
Dakota, from the mountain time zone to the central time zone. In
support of the petition, the Chairman noted the following factors:
``The City of Mandan is the largest city in Morton County (with
over 66% of the county's population according to the 2000 Census)
and operates on Central Time. Virtually all the supplies for the
balance of the county come out of Mandan or Bismarck, North Dakota,
which is in the central time zone.
Virtually all county residents travel to Mandan or Bismarck for
medical services, shopping, entertainment, or to do business with
county or state government.
Commercial airline services are based in Bismarck, North Dakota
and require county residents to travel there to catch flights to
other parts of the United States.
Most all television and radio stations broadcast from Mandan or
Bismarck and the only daily newspaper in the area is published in
Bismarck, North Dakota which is just across the Missouri River from
Mandan.
The County Commissioners put the time issue to a straw vote in
the June 13, 2000 Primary Election. Only the five (5) precincts that
operated on mountain time voted on the time issue, Yes 625, No 572.
There are twelve precincts in the county on central time. The
commission held a meeting on the time issue in July 2000 and only
one (1) person showed up to request the balance of the county in
Mountain Time Zone. March 6, 2001 the commission held another
meeting on the time issue based on the people wanting the commission
to request the time change for the balance of the county. 46 persons
attended the meeting with 28 expressing their opinion favoring to
change the entire county to the Central Time Zone and 18 expressing
their opinion that they wished to keep the balance of the county in
the Mountain Time Zone. Most all the people that attended the
meeting were from the precincts voting in the June 13, 2000 Primary
Election.
Geographically, Morton County is well suited to be in the
Central Time Zone. Oliver County directly north of us operates in
Central Time Zone and Mercer County north and west of us is
considering changing to Central Time zone.''
On August 3, 2001, the Department published a notice of proposed
rulemaking (66 FR 40666) announcing the proposed change and inviting
public comment. A DOT representative conducted a hearing in New Salem,
ND, on August 28, 2001. The hearing was attended by over 100 people and
lasted several hours. The DOT representative tried to gauge the
position of the attendees by an informal show of hands during the
hearing. By show of hands, sixty were in favor of central time and
fifty-four people were in favor of mountain time.
The NPRM also invited the public to submit written comments to the
docket. There were over seventy submissions to the docket. The
submissions included detailed letters, one form letter submitted by
twelve people, and short messages expressing a preference for either
the central or mountain time zone. We appreciate the time and effort of
the people who expressed their opinion at the public meeting and
through written comments, and who provided the factual basis upon which
to make a decision.
Comments
Those in favor of mountain time noted that, based on the sun,
Morton County is appropriately in the mountain time zone. These
commenters observed that if the change were made, there would be very
late sunrises and sunsets, and that the sun would not be overhead at
noon. Several ranchers and farmers stated their belief that mountain
time made it easier to do their chores and outdoor activities.
Others stated that they were not confused or inconvenienced by the
present observance and had never missed an appointment in their
impressively long lives. Some said, ``if it ain't broke, don't fix
it.'' A number of people that live in the far west and south of the
county noted that they were more tied to neighboring counties on
mountain time than areas to the east. Others noted that a change would
simply shift the inconvenience of living on a time zone boundary to
their neighbors to the west.
A number of parents and grandparents noted the danger of sending
children to school on icy or snowy, rural schools before sunrise, and
before adequate plowing or road treatment. A few anticipated that later
sunsets would interfere with serving dinner and getting young children
to sleep.
A number of people expected adverse impacts on education and
schools, if the change were made. For example, several discussed local
schools' reliance on interactive instructional television and voiced
their concern that a change would adversely impact class scheduling.
Others discussed school sports events and the potential difficulties in
scheduling both students and parents.
Several commenters noted that they use the current time boundary to
their advantage. For example, one can schedule early medical
appointments in Bismarck and get home before school starts. Others are
able to participate in more community or school activities because they
work in central time and get home an hour earlier than they would if
they also lived in central time. A number of commenters expressed a
strong personal preference for mountain
[[Page 43338]]
time and said it just worked better for them.
Those in favor of central time had equally articulate, and
passionate, reasons for their position. In general, all of these
commenters stressed their reliance on services and activities located
in Bismarck and Mandan. They noted the county seat is in Mandan and
that one needed to go to the central time zone for most county, state,
and court services. Many of these commenters noted that they generally
go to the central time zone for shops, farm supplies and equipment,
medical services (including the major hospital and various clinics),
and entertainment. The major daily newspaper and most radio and
television stations come from Bismarck. The major airport in the area
is in Bismarck.
A number of commenters focused on how the current time observance
impacts business. These commenters focused on problems caused by
miscommunication, lost time because of different office and lunch hours
across time zones, and the need to continually clarify whether
appointments are on central or mountain time. One commenter noted that
the de facto standard for business in the county is central time.
Several ranchers and farmers stated that central time would be more
convenient and efficient for their work.
Many commenters noted their personal preference for central time
and gave detailed explanations about how a change would make their
lives easier and less confusing. Some of these commenters live far west
or south in the county, and include ranchers and farmers. Several
commenters noted that, for all practical purposes, most people in
Morton County already live their lives on central time.
There were several comments that central time would benefit
students and schools. One commenter noted that most interactive
television programming comes from Bismarck. Others noted that most
higher education institutions are in the central zone. One commenter
noted that the impact on sport scheduling could be beneficial if a
change were made.
The Decision
We find that it would suit the ``convenience of commerce'' to move
the western portion of Morton County from the mountain to the central
time zone. Based on the facts presented, the county is very reliant on
areas in the central time zone, especially Bismarck and Mandan to
provide a majority of goods and services. Having the entire county in
one time zone would reduce confusion and would make the boundary more
understandable.
Other Issues
A number of commenters suggested that the time zone boundary be
moved to the Montana border in order to order to end confusion over
time observance in the State. Several noted that the time zone boundary
between central and mountain time already extends to the Montana-North
Dakota border in the northern part of the State and noted that it works
well. This broader request is outside the scope of this present
proceeding. In order to consider a change to additional counties, we
would need an official request by the County Commissioners of the
affected counties, the Governor, or the North Dakota legislature.
A few commenters also asked us to end daylight saving time
observance in the State. That issue is also outside the scope of this
rulemaking. Under the Uniform Time Act, a State is free to observe, or
not observe, daylight saving time. If it chooses to observe, it must
begin and end its observance on the federally-mandated dates.
Commenters that wish to be exempted from daylight saving time should
explore this option with their state representatives.
Regulatory Analysis and Notices
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 and has not been reviewed by the Office
of Management and Budget. It is not ``significant'' under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040, February 26, 1979.) We expect the economic impact
of this rule to be so minimal that a full regulatory analysis 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 rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small business, 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 will affect some small businesses, not-for-
profits, and perhaps, several small governmental jurisdictions, it will
not be a substantial number. In addition, the change should have
little, if any, economic impact. I, therefore, certify under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this rule under Executive Order 12612 and have
determined that this rule does not have sufficient implications for
federalism to warrant consultation with State and local officials or
the preparation of a federalism summary impact statement. The final
rule has no substantial effects on the States, or on the current
Federal-State relationship, or on the current distribution of power and
responsibilities among the various local officials.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and
Executive Order 12875, enhancing the Intergovernmental Partnership, (58
FR 58093; October 28, 1993) govern the issuance of Federal regulations
that may result in the expenditure by State, local, and tribal
governments or the private sector of $100 million or more in any one
year (adjusted annually for inflation). This rule does not impose such
a mandate.
Taking of Private Property
This rule does not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 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.
[[Page 43339]]
Environment
This rule 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.
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:
Authority: Secs. 1-4, 40 Stat. 450, as amended; sec 1, 41 Stat.
1446, as amended; secs. 2-7, 80 Stat. 107, as amended; 100 Stat.
764; Act of Mar. 19, 1918, as amended by the Uniform Time Act of
1966 and Pub. L. 97-449, 15 U.S.C. 260-267; Pub. L. 99-359; Pub. L.
106-564, 15 U.S.C. 263, 114 Stat. 2811; 49 CFR 159(a), unless
otherwise noted.
0
2. Paragraph (a) of Sec. 71.5, Boundary line between central and
mountain zones, is revised to read as follows:
Sec. 71.5 Boundary line between eastern and central zones.
(a) Montana-North Dakota. Beginning at the junction of the Montana-
North Dakota boundary with the boundary of the United States and Canada
southerly along the Montana-North Dakota boundary to the Missouri
River; thence southerly and easterly along the middle of that river to
the midpoint of the confluence of the Missouri and Yellowstone Rivers;
thence southerly and easterly along the middle of the Yellowstone River
to the north boundary of T. 150 N., R. 104 W.; thence east to the
northwest corner of T. 150 N., R. 102 W.; thence south to the southwest
corner of T. 149 N., R. 102 W.; thence east to the northwest corner of
T. 148 N., R. 102 W.; thence south to the northwest corner of 147 N.,
R. 102 W.; thence east to the southwest corner of T. 148 N., R. 101 W.,
thence south to the middle of the Little Missouri; thence easterly and
northerly along the middle of that river to the midpoint of its
confluence with the Missouri River; thence southerly and easterly along
the middle of the Missouri River to the midpoint of its confluence with
the northern land boundary of Oliver County; thence, west along the
northern county line to the northwest boundary; thence south along the
western county line to the southwest boundary; thence west along the
northern county boundary of Morton County; thence south along the
western county line and then east and south along the southern county
boundary to the intersection with the middle of the Missouri River;
thence south and east along the middle of the Missouri River to the
northern boundary of T. 130 N., R. 80 W.; thence west to the northwest
corner of T. 130 N., R. 80 W.; thence south to the North Dakota-South
Dakota boundary; thence easterly along that boundary to the middle of
the Missouri River.
* * * * *
Issued in Washington, DC on July 11, 2003.
Norman Y. Mineta,
Secretary.
[FR Doc. 03-18610 Filed 7-21-03; 8:45 am]
BILLING CODE 4910-62-P