Standard Time Zone Boundary in the State of Indiana, 3228-3245 [06-563]

Agencies

• Office of the Secretary
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 71, Number 13 (Friday, January 20, 2006)]
[Rules and Regulations]
[Pages 3228-3245]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-563]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 71

[OST DOCKET NO. 2005-22114]
RIN 2105-AD53


Standard Time Zone Boundary in the State of Indiana

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 
Starke, Pulaski, Knox, Daviess, Martin, Pike, Dubois, and Perry 
Counties from the Eastern Time Zone to the Central Time Zone. DOT is 
not changing the time zone boundary to move St. Joseph, Marshall, 
Fulton, Benton, White, Carroll, Cass, Vermillion, Sullivan, and 
Lawrence Counties from the Eastern Time Zone to the Central Time Zone. 
This action is taken in response to petitions filed by the County 
Commissioners and extensive comment provided at public hearings and to 
the docket.

DATES: The effective date of this rule is 2 a.m. EST Sunday, April 2, 
2006, 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, Washington, DC 20590, indianatime@dot.gov; (202) 366-
9283.

SUPPLEMENTARY INFORMATION:

Time Observance in Indiana

General History

    The time zone for Indiana has been the subject of much debate since 
time zones were established, as noted by DOT in a notice proposing to 
change the time zone in Indiana, 56 FR 13609 (April 3, 1991). In 1918, 
when the Federal government first established time zones, all of 
Indiana was in the Central Time Zone. In 1961, the Interstate Commerce 
Commission, DOT's predecessor in setting time zones, moved the eastern 
half of Indiana to the Eastern Time Zone, but denied requests to move 
more of the State.
    In 1967, at the request of the Governor of Indiana, in a notice of 
proposed rulemaking, DOT proposed to restore the entire State to the 
Central Time Zone. However, in 1968, DOT modified its proposal and 
proposed instead that the entire State be in the Eastern Time Zone with 
the exception of six counties in the northwest and seven in the 
southwest which would remain in the Central Time Zone. That modified 
proposal was supported by the commenters, with one exception. 
Commenters did not support moving one of the southwest counties to the 
Central Time Zone. Subsequently, effective April 27, 1969, time zone 
boundaries were established to place all of Indiana in the Eastern Time 
Zone with the exception of six counties in the northwest and six 
counties in the southwest.
    With regard to the counties in southwest Indiana, in 1977, the Pike 
County Commissioners petitioned DOT to be moved to the Eastern Time 
Zone. After proposing the change and receiving comments, DOT moved Pike 
County to the Eastern Time Zone. The Indiana General Assembly requested 
that DOT move the 5 remaining southwest counties from the Central Time 
Zone to the Eastern Time Zone, in 1985, but DOT denied the request, 
finding that the move would not serve the ``convenience of commerce.''
    With regard to the counties in northwest Indiana, in 1986, the 
Jasper County Commissioners and the Starke County Commissioners made 
separate requests to move each county from the Central Time Zone to the 
Eastern Time Zone. DOT denied their requests, finding that changing the 
boundaries would not serve the ``convenience of commerce.'' In 1991, in 
a subsequent proceeding, based on another request from the Starke 
County Commissioners, DOT changed the time zone boundary to move Starke 
County into the Eastern Time Zone.

Current Indiana Time Observance

    Under Federal law, 82 Indiana counties are in the Eastern Time Zone 
and 10 are in the Central Time Zone. The Central Time Zone counties 
include five in the northwest (Lake, Porter, La Porte, Newton, and 
Jasper) and five in the southwest (Posey, Vanderburgh, Warrick, Spencer 
and Gibson). 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. Generally, a State must 
choose to observe, or not observe, Daylight Saving Time across the 
entire State. The one exception is that, if a State is in more than one 
time zone, a ``split'' observance is permitted. Under this scenario, 
all of a State that is in one time zone may observe Daylight Saving 
Time, while the remainder of the State in the different time zone does 
not. Under Indiana law, for many years, the Central Time Zone portion 
of the State has observed Daylight Saving Time, while the Eastern Time 
Zone portion of the State has not observed Daylight Saving Time.

[[Page 3229]]



                                                                  2005 and 2006 Sunrise and Sunset Times--Select Indiana Cities
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                                    Evansville
                                   longitude  W     Terre Haute  W    Jasper  W 86.9      Jasper  If     La Porte  W 86.7    South Bend  W    South Bend  If    Indianapolis  W    Ft. Wayne  W
      Sunrise/sunset times        87.5  latitude     87.4  N 39.5         N 38.4           change to           N 41.6        86.2  N 41.7        change to       86.1  N 39.8      85.2  N 41.1
                                      N 38.0                                             central time                                          central time
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1/15/2005......................  CST.............  EST.............  EST.............  ................  CST.............  EST.............  ................  EST.............  EST
  Sunrise......................  7:05 am.........  8:08 am.........  8:04 am.........  ................  7:11 am.........  8:10 am.........  ................  8:04 am.........  8:03 am
  Sunset.......................  4:55 pm.........  5:51 pm.........  5:51 pm.........  ................  4:42 pm.........  5:40 pm.........  ................  5:45 pm.........  5:37 pm
1/15/2006......................  CST.............  EST.............  EST.............  CST.............  CST.............  EST.............  CST.............  EST.............  EST
  Sunrise......................  7:05 am.........  8:08 am.........  8:04 am.........  7:04 am.........  7:11 am.........  8:10 am.........  7:10 am.........  8:04 am.........  8:04 am
  Sunset.......................  4:55 pm.........  5:50 pm.........  5:51 pm.........  4:41 pm.........  4:42 pm.........  5:40 pm.........  4:40 pm.........  5:44 pm.........  5:37 pm
4/15/2005......................  CDT.............  EST.............  EST.............  ................  CDT.............  EST.............  ................  EST.............  EST
  Sunrise......................  6:15 am.........  6:12 am.........  6:12 am.........  ................  6:07 am.........  6:05 am.........  ................  6:07 am.........  6:01 am
  Sunset.......................  7:26 pm.........  7:28 pm.........  7:24 pm.........  ................  7:28 pm.........  7:26 pm.........  ................  7:23 pm.........  7:21 pm
4/15/2006......................  CDT.............  EDT.............  EDT.............  CDT.............  CDT.............  EDT.............  CDT.............  EDT.............  EDT
  Sunrise......................  6:15 am.........  7:12 am.........  7:12 am.........  6:12 am.........  6:07 am.........  7:05 am.........  6:05 am.........  7:07 am.........  7:01 am
  Sunset.......................  7:26 pm.........  8:27 pm.........  8:24 pm.........  7:24 pm.........  7:27 pm.........  8:26 pm.........  7:26 pm.........  8:23 pm.........  8:21 pm
7/4/2005.......................  CDT.............  EST.............  EST.............  ................  CDT.............  EST.............  ................  EST.............  EST
  Sunrise......................  5:33 am.........  5:28 am.........  5:29 am.........  ................  5:18 am.........  5:16 am.........  ................  5:22 am.........  5:14 am
  Sunset.......................  8:16 pm.........  8:20 pm.........  8:15 pm.........  ................  8:24 pm.........  8:23 pm.........  ................  8:16 pm.........  8:16 pm
7/4/2006.......................  CDT.............  EDT.............  EDT.............  CDT.............  CDT.............  EDT.............  CDT.............  EDT.............  EDT
  Sunrise......................  5:33 am.........  6:28 am.........  6:29 am.........  5:29 am.........  5:18 am.........  6:16 am.........  5:16 am.........  6:22 am.........  6:14 am
  Sunset.......................  8:16 pm.........  9:20 pm.........  9:15 pm.........  8:15 pm.........  8:24 pm.........  9:23 pm.........  8:23 pm.........  9:16 pm.........  9:16 pm
10/31/2005.....................  CST.............  EST.............  EST.............  ................  CST.............  EST.............  ................  EST.............  EST
  Sunrise......................  6:15 am.........  7:17 am.........  7:13 am.........  ................  6:18 am.........  7:16 am.........  ................  7:12 am.........  7:11 am
  Sunset.......................  4:52 pm.........  5:49 pm.........  5:59 pm.........  ................  4:43 pm.........  5:41 pm.........  ................  5:43 pm.........  5:37 pm
10/31/2006.....................  CST.............  EST.............  EST.............  CST.............  CST.............  EST.............  CST.............  EST.............  EST
  Sunrise......................  6:15 am.........  7:17 am.........  7:13 am.........  6:13 am.........  6:18 am.........  7:16 am.........  6:16 am.........  7:12 am.........  7:10 am
  Sunset.......................  4:52 pm.........  5:49 pm.........  5:49 pm.........  4:49 pm.........  4:43 pm.........  5:41 pm.........  4:41 pm.........  5:44 pm.........  5:38 pm
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KEY: CST--Central Standard Time.
CDT--Central Daylight Time.
EST--Eastern Standard Time.
EDT--Eastern Daylight Time.
Source: U.S. Naval Observatory Astronomical Applications Department: https://aa/usno.navy.mil/data/docs/RS--OneDay.html.

    As noted in a chart of select Indiana cities, the effect of 
Daylight Saving Time is the equivalent of moving one time zone to the 
east. This means that, by remaining on Eastern Standard Time year-
round, the Eastern Time Zone portion of Indiana has been on the same 
time as New York in the winter (5 months) and on the same time as 
Chicago in the summer (7 months), resulting in the entire state being 
on the same time for 7 months of the year. The impact of State 
legislation (discussed in more detail below) to observe Daylight Saving 
Time throughout the State beginning in 2006 is that, in the summer, the 
time of sunrise and sunset on eastern Daylight Saving Time will be an 
hour later than it currently is under year-round Eastern Standard Time. 
There will be no change in the sunrise and sunset times during the 
winter when Eastern Standard Time will continue to be observed. Central 
Time Zone counties will continue to observe Daylight Saving Time in 
summer months as they have done previously.

Indiana's Decision To Observe Daylight Saving Time

    In 2005, the Indiana General Assembly adopted legislation (Indiana 
Senate Enrolled Act 127 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. 
The Indiana Act stated that, ``[T]he [S]tate supports the county 
executive of any county that seeks to change the time zone in which the 
county is located under the procedures established by Federal Law.'' 
The Indiana Act also provided that, ``The governor and the general 
assembly hereby petition the United States Department of Transportation 
to initiate proceedings under the Uniform Time Act of 1966 to hold 
hearings in the appropriate locations in Indiana on the issue of the 
location of the boundary between the Central Time Zone and the Eastern 
Time Zone in Indiana.'' Finally, the Indiana Act requested DOT to 
refrain from changing the time zone of any county currently located 
within the Central Time Zone and five counties near Cincinnati and 
Louisville.

Legal Standards and Procedures Concerning Changes to Time Zone 
Boundaries

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.'' 15 U.S.C. 261.

DOT Procedures to Change a Time Zone Boundary

    The Department has typically used a set of procedures to address 
time zone issues. Under these DOT procedures, the Department will 
generally begin a rulemaking proceeding 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

[[Page 3230]]

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. DOT has developed a series of 
questions to assist communities and use in determining the impact of a 
time zone change on the ``convenience of commerce.'' We ask that 
petitions for a time change 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 look at 
the distance each county is from the current time zone boundary, the 
proximity of each county to important metropolitan areas, and where the 
major roads and bridges are located. We have been reluctant to create 
``islands of time'' by placing one county in a different time zone from 
all its neighboring counties in the State; we also consider the effect 
on economic, cultural, social, and civic activities between neighboring 
counties in making our decisions.

History of This Proceeding

    On July 15, 2005, the Department sent a letter to Governor Daniels 
responding to the Indiana Act and letters from the Governor. Our letter 
noted that it is our normal practice, in implementing our 
responsibilities under the Uniform Time Act with respect to the 
location of time zone boundaries, to take action on specific requests 
for change in the time zone boundaries for a particular jurisdiction 
from the elected officials of that jurisdiction. After receiving a 
request, we review it and the supporting data to then determine whether 
the issuance of an NPRM is justified. If justified, we issue an NPRM to 
propose a change. After the close of the comment period on the NPRM, we 
review all comments and take appropriate final action.

DOT Notice Inviting Petitions

    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 enumerated above. In addition, DOT announced 
the opening of an internet-accessible docket, OST Docket No. 2005-22114 
(https://dms.dot.gov) to receive any petitions and other relevant 
documents concerning the appropriate placement of the time zone 
boundary in the State of Indiana.

Petitions Received

    We received nineteen petitions from counties asking to be changed 
from the Eastern Time Zone to the Central Time Zone. Two of the 
counties (Fountain and Benton) subsequently withdrew their request.
    In general, the petitions were clustered in the northwest (St. 
Joseph, Starke, Marshall, Pulaski, Fulton, Benton, White, Carroll and 
Cass Counties) and the southwest (Sullivan, Knox, Daviess, Martin, 
Lawrence, Pike, Dubois and Perry Counties). In the central portion of 
western Indiana, only Vermillion County asked to be changed to central 
time.

Other Communications From Local Officials

    We also received a number of letters from counties and cities 
advising us that they had considered whether to petition for a change 
and, at this time at least, were satisfied with their current time zone 
boundary or wished to stay in the same time zone as Indianapolis, which 
is located in Marion County and is in the Eastern Time Zone. Those 
counties included Warren, Monroe, Orange, Steuben, Noble, Hendricks, 
Jefferson, Crawford and Jay. The cities of Whiting, Hebron, and Munster 
also filed letters expressing satisfaction with their current time 
zone.

Notice of Proposed Rulemaking

    On October 31, 2005, DOT published a notice of proposed rulemaking 
(NPRM) in the Federal Register tentatively proposing to relocate the 
time zone boundary in Indiana to move St. Joseph, Starke, Knox, Pike, 
and Perry Counties from the Eastern Time Zone to the Central Time Zone 
at the request of their County Commissioners. We tentatively proposed 
not to change the time zone boundary to move Marshall, Pulaski, Fulton, 
Benton, White, Carroll, Cass, Vermillion, Sullivan, Daviess, Dubois, 
Martin, and Lawrence Counties from the Eastern Time Zone to the Central 
Time Zone based on our evaluation of the petitions from the 
commissioners in these counties.
    Based on the petitions and the supporting data filed by their 
County Commissioners, we found that St. Joseph, Starke, Knox, Pike, and 
Perry Counties provided enough information to justify proposing to 
change those counties from the Eastern to the Central Time Zone. St. 
Joseph, Starke, Knox, Pike, and Perry County addressed all, or 
virtually all, of the factors that we consider in these proceedings to 
indicate a reasonable possibility that changing to the Central Time 
Zone would serve ``the convenience of commerce.'' In addition, we 
considered each county's geographic location compared to the current 
time zone boundary and how closely interrelated neighboring counties 
appeared to be. The specific reasons for granting the petitions for 
each of these counties differ based on the facts specific to each case.
    We did not include all the counties that petitioned, for a number 
of reasons. Some presented almost no arguments or supporting data on 
why it would be appropriate to change the time zone boundary. Others 
addressed all, or most, factors but acknowledged that they had a 
significant connection with the Eastern Time Zone. A number of counties 
focused on the potential change to their neighbors' time zone, and 
seemed to be more concerned with staying in the same time zone as their 
neighbors than in changing their time zone. In other cases, the 
counties seemed to be equally connected to the Eastern and Central Time 
Zones.
    In the NPRM, we noted that the amount of data provided in the 
petitions varied substantially among counties. Under our normal 
procedures, we do not take action unless the county makes a clear 
showing that the proposed change would meet the statutory standard. We 
recognized, however, that this is an unusual case because of the

[[Page 3231]]

number of counties involved, their relationship to each other and to 
other neighboring counties, and the circumstances leading up to the 
petitions. Although the counties that we proposed to move to a 
different time zone provided adequate supporting data to justify the 
issuance of an NPRM, we noted that we would critically review contrary 
and supporting information that may be provided by others, and any 
other related comments and data prior to issuing a final rule. We said 
that if additional information was provided to indicate that the time 
zone boundary should be drawn differently, either to include counties 
excluded or to exclude counties that were included in the proposal, we 
would make the change at the final rule stage of this proceeding. We 
also announced that we would hold public hearings.
    We provided 30 days for public comments in this proceeding and also 
said we would consider late filed comments to the extent practicable.

Notice of Public Hearings

    On November 8, 2005, DOT announced the time and location of four 
public hearings to gather information concerning the effects of 
changing time zone boundaries in Indiana. The objective of these 
hearings was to provide State and local government representatives and 
the public an opportunity to comment on DOT's proposal concerning the 
time zone boundary in 18 Indiana counties that petitioned for a time 
zone change. To aid us in our consideration of whether a time zone 
change would be ``for the convenience of commerce,'' the statutory 
standard for changing time zone boundaries, DOT sought comments at the 
hearings on how the time zone change impacts on such things as 
economic, cultural, social, and civic activities and how time zone 
changes affect businesses, communication, transportation, and 
education.

The Public Hearings

An Overview
    DOT held public hearings in Jasper, Logansport, South Bend, and 
Terre Haute. These hearings were chaired by Judy Kaleta, a career 
senior official in DOT's Office of the General Counsel. Each of the 
hearings received extensive media coverage, including live internet 
broadcast of the Logansport and South Bend hearings, and TV, radio, and 
newspaper reports on the hearings and the proposed changes in time zone 
boundaries.
    The Department utilized a similar format to receive comments on the 
time zone issue at each hearing. The DOT representative described the 
process that DOT uses to set time zone boundaries. There was an 
opportunity for clarifying questions on her remarks. This was followed 
by presentations by county government representatives who had requested 
an opportunity to speak. If the government representative spoke on 
behalf of a county that petitioned for a change to the county time zone 
boundary, he or she was asked to explain how the change would be for 
the convenience of commerce, the statutory standard. After these 
presentations, other State and local government representatives had an 
opportunity to comment, followed by the public. Speakers were requested 
to complete speaker registration cards and include a time zone 
preference and reasons for the preference. The hearings were recorded 
and the speaker registration cards, audiotapes, videotapes, and a DVD 
for the hearings are in the rulemaking docket, OST Docket No. 2005-
22114.
    Public interest in this issue was illustrated by the many persons 
who participated in meetings lasting as long as almost 6 hours. The 
reasons for staying on the Eastern Time Zone or switching to the 
Central Time Zone were as varied as the individuals making the 
presentations. Many noted a preference for having all of Indiana in one 
time zone, wanting to keep things as simple as possible, not wanting a 
time zone boundary line ``meandering through the State,'' causing 
confusion. Some of those persons favoring one time zone expressed a 
time zone preference while others did not, seeking only a single time 
zone for the entire State. People often stated that they would put 
their personal preferences aside in the best interest of the 
communities. Business owners sometimes noted that they would support 
whatever decision was made and would adjust accordingly.
    Some provided the hearing official with anecdotes on how the time 
zone in the county in which they lived affects their lives, both 
personal and professional, from their ability to watch their favorite 
sports teams and television shows to commuting to and from work. Others 
presented statistics relating to sunrise and sunset times, latitude and 
longitudes for time zones, worker commuting patterns in the region, and 
government-established economic development, transportation, school, 
and commerce regions. The reasons for staying in the current time zone 
or wanting to change ranged from a short one-issue rationale to 
multiple rationales, mostly presented in prose. The hearing official 
noted, however, that one poem and one song were presented at the 
hearings. Most expressed a strong passion for the issue. Some relied on 
humor to make their point. For example, one person referred to an 
episode from the TV show ``The West Wing,'' which did a segment on the 
time confusion in Southern Indiana.
    Some talked about the difficulty of family life when one parent 
works in a county in the Eastern Time Zone and another works in the 
Central Time Zone. One mother talked about the problem of arranging 
child custody with her former husband because they lived in different 
time zones. Another mother mentioned her concern about leaving her 
autistic son in the dark to wait for a bus, when she had to leave for 
work. Parents also talked about the difficulty of finding after-care 
programs for their children, scheduling appointments, or dealing with 
after school events in counties on different time zones.
    Other persons talked about the effects on their businesses. There 
were presenters from the Indiana Chamber of Commerce, which appeared at 
every hearing, and local chambers of commerce as well as business 
owners. The Indiana Chamber of Commerce ``believes it is paramount to 
the future growth of our state that the 82 counties currently on 
Eastern Standard Time stay on Eastern Time'' because ``a preponderance 
of Hoosier business and normal daily activities (e.g. schooling, 
shopping, recreation, health care and religious worship) are done 
within areas observing Eastern Daylight Saving Time (EDT).'' The 
Indiana Chamber of Commerce submitted various data in support of its 
position, including import-export figures, safety and energy arguments, 
Indiana media/commerce markets, sunrise-sunset options, and county 
profiles from the STATS Indiana website. Other business concerns ranged 
from employee satisfaction and attendance issues to delivery schedules 
in various time zones, to dealing with home or regional offices in 
other parts of the county, on Eastern, Central, Mountain, and Pacific 
time zones.
    Several speakers presented information for the record at the 
hearing. A copy of their remarks, letters, maps, etc. have been 
submitted to the docket. Other speakers personally submitted comments 
to the docket and in some instances spoke at more than one hearing or 
provided comments to the hearing official at the hearing and also took 
advantage of the opportunity to provide videotaped comments at the 
South Bend hearing.
    Many persons expressed frustration in dealing with living and 
working in

[[Page 3232]]

different time zones and missing appointments due to time zone 
confusion. Some favored changing time zones, but only if other 
adjoining counties changed. No clear consensus emerged from the 
comments made at the hearings. Opinions varied widely depending upon 
interests and perspectives.

The Logansport Hearing

    On November 13, 2005, 34 persons provided comments at the McHale 
Performing Arts Center, Logansport Community High School, at a hearing 
that lasted more than 4 hours. County commissioners from Carroll, Cass, 
and Fulton Counties spoke in support of their petitions. Starke County 
Commissioners, one who voted to support Starke County's request to move 
to the Central Time Zone and one who was absent on the date the 
commissioners voted but would have voted to keep Starke County in the 
Eastern Time Zone (based on health care, work schedules and shopping) 
also presented their opposing views at the hearing. The President of 
the Pulaski County Council spoke in favor the Pulaski County petition 
and also noted the difficulty of being a border county and suggested 
that the entire state be on the same time. Other elected officials at 
the hearing included State Representative Steve Heim and State Senator 
Vic Heinhold , both supporting Starke County's request to be moved to 
the Central Time Zone.
    Business interests favoring the Eastern Time Zone were represented 
by the Indiana Chamber of Commerce, among others. There were also 
business interests favoring the Central Time Zone. For example, 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.
    Citizens from the following petitioning counties also spoke at the 
hearing or filled out a speaker's registration card: Cass, Carroll, 
Pulaski, St. Joseph, Starke, and White. In addition, there were 
speakers from the following non-petitioning counties: Allen, 
Bartholomew, Howard, Monroe, and Newton. The majority of the speakers 
and non-speakers who filled out speaker's registration cards (but left 
before being called upon) expressed their opinion that Indiana should 
be on the same time zone, favoring Central time, a result inconsistent 
with the Indiana Act and DOT's notice of proposed rulemaking.

The Terre Haute Hearing

    The second hearing was held on November 14, 2005, in Terre Haute, 
at the Hulman Center Meeting Room Complex, Indiana State University. 
Thirty-six persons spoke at the hearing, including several public 
officials. County Commissioners from Sullivan and Vermillion Counties 
provided comments in support of their county's petitions. State 
Representative Clyde Kersey spoke in favor of the Central Time Zone. In 
addition, the county commissioner of Vigo County commented at the 
hearing, saying that the entire state should be on the same time zone. 
Business interests were represented by the Indiana Chamber of Commerce 
and the Terre Haute Chamber of Commerce as well as individual business 
persons.
    Citizens from the following petitioning counties also spoke at the 
hearing or filled out a speaker's registration card: Sullivan and 
Vermillion. In addition, there were speakers from the following non-
petitioning counties: Monroe, Parke, and Vigo. There was also one 
speaker from Edgar County, Illinois, which borders Sullivan County. 
Most said that they preferred that the entire state be moved to the 
Central Time Zone, even those citizens from non-petitioning counties, 
citing a variety of reasons including sunrise/sunset times and shopping 
convenience. The majority of residents from Vigo County, which did not 
petition for a time zone change, favored the Central Time Zone. Those 
who favored the Eastern Time Zone said that the time should be the same 
as Indianapolis.

The Jasper Hearing

    Over 200 people attended the third hearing in Jasper, at the Jasper 
Arts Center on November 16, 2005, at a hearing that went on for over 
five hours. Sixty-seven persons presented comments to the presiding 
official. These included County Commissioners from the petitioning 
counties of Dubois, Knox, Lawrence, Martin, and Pike, all of them 
supporting their requests to be moved to the Central Time Zone. An 
attorney who submitted Perry County's petition spoke at the hearing in 
support of the County's petition. In addition, several of these county 
representatives also spoke in support of their neighboring county's 
petition. For example, the Perry County representative said it was 
``very important'' for Perry and Dubois County to be on the same time 
zone because of the ``significant'' number of Perry County residents 
who work in Dubois County.
    Many other elected officials from both State and local government 
spoke at the Jasper hearing, including two State Representatives, a 
county commissioner from a non-petitioning county, and several mayors 
from cities within the petitioning counties.
    Citizens from the following petitioning counties also spoke at the 
hearing or filled out a speaker's registration card: Daviess, Dubois, 
Lawrence, Martin, Perry, and Pike. Those favoring the Central Time Zone 
noted that they received the local news from Evansville in the Central 
Time Zone. In addition, they referred to safety, economic, medical, and 
shopping in support of their Central Time Zone position. Those favoring 
the Eastern Time Zone often referred to business or recreation reasons.
    Business interests were represented by the Indiana Chamber of 
Commerce and several local chambers as well as a development 
corporation. Many business owners and workers spoke at the Jasper 
hearing, with mixed positions on the appropriate time zone.

The South Bend Hearing

    On November 21, 2005, at the Student Activity Center, Indiana 
University, South Bend Campus, more than 200 people attended the public 
hearing. Because of the high volume of interested speakers and to 
accommodate all interested speakers, each speaker was limited to 3 
minutes for comment and given an opportunity to present comments to the 
presiding official or to have their comments videotaped on site in a 
separate room, or to file written comments on a form provided by DOT. 
Ninety-six persons presented comments to the presiding official in a 
hearing that lasted almost 6 hours. Eighty-seven persons chose to 
videotape their testimony and their comments were subsequently reviewed 
by the same presiding official. (Some did both, wanting to have 
additional time.) Sixty-two persons filed written comments at the 
hearing on a form that DOT made available at the hearing to ensure that 
people who did not want to wait to speak would have an additional way 
to present their views to the Department.
    Commissioners from Fulton, Marshall, Starke, and St. Joseph spoke 
in support of their petitions. Many other elected officials from both 
State and local government spoke at the South Bend hearing, including 
three State Senators, two State Representatives, county commissioners 
from non-petitioning neighboring counties, and several mayors and 
council members

[[Page 3233]]

from cities within both the petitioning counties and non-petitioning 
neighboring counties.
    Business interests were represented by groups such as chambers of 
commerce as well as individual businesses. Education interests were 
concerned parents as well as an educational institution. Individuals 
also discussed transportation issues, which were also addressed by a 
transportation service provider. Media concerns were addressed by a 
viewers as well as a local television station.
    Citizens from the following petitioning counties also spoke at the 
hearing or filled out a speaker's registration card: Fulton, Marshall 
and St. Joseph. In addition, there were speakers from the following 
non-petitioning counties: Elkhart, Howard, Porter, Allen, and Cass 
County, Michigan.

Comments to the Docket--An Overview

    There were over 6000 entries to the docket in this proceeding in 
addition to the entries resulting from the public hearings. These 
included county petitions and supplementary information, letters from 
elected officials including the Governor, several Congressmen, State 
Senators and Representatives, mayors, city and county council members, 
businesses and local Chambers of Commerce, community associations, and 
interest groups. Thousands of comments were filed by 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.
    Comments were made by the residents of both petitioning counties 
and non-petitioning counties. We also received comments from persons in 
Michigan, Kentucky, Ohio, and Illinois who felt that they may be 
impacted by any change to time zone boundaries in Indiana. For example, 
we received comments regarding the potential impacts on Cass County, 
Michigan, if St. Joseph County were placed in a different time zone 
from the greater Michiana area. In addition, comments were filed to the 
docket by citizens from counties that did not petition for a time zone 
change expressing concern that their county did not petition for a time 
zone change or that their county did not hold a public hearing on the 
issue. We have reviewed the petitions from all of the counties, the 
additional information they provided, and all other comments to the 
docket.
    Out of 6142 comments to the docket that we reviewed as of December 
30, 2005, 2057 or 33% favored a change to the Central Time Zone, 3040 
or 50% favored remaining in the Eastern Time Zone, and 1045 or 17% fell 
into the ``other'' category, meaning that they expressed no preference 
between Eastern or Central Time, only that Indiana be in the same time 
zone, or that their county be on the same time as surrounding counties, 
or that they had concerns about the State legislature's adoption of 
Daylight Saving Time. Detailed breakdowns for each county have been 
included in charts that are found at the end of this discussion and do 
not include detailed breakdowns from the hearings. We have included 
these figures as an indication of the diversity of opinion and lack of 
consensus on the issue of time zones in Indiana among those who 
commented. Our decision whether to change the time zone boundary, 
however, is not based on the number of persons supporting a particular 
time zone. Rather, as noted above, the statutory standard for decisions 
to move an area from one time zone to another is ``regard for the 
convenience of commerce and the existing junction points and division 
points of common carriers engaged in interstate or foreign commerce'' 
and the information provided by commenters helps us make this decision. 
This standard is defined very broadly by the Department to include 
consideration of all the impacts upon a community of a change in its 
time zone.
    The commenters suggested a wide variety of approaches to 
establishing time zone boundaries in Indiana including moving their 
county to the Central Time Zone, keeping their county in the Eastern 
Time Zone, placing all of the State in the Eastern Time Zone, placing 
all of the State in the Central Time Zone, placing all of the State in 
the Central Time Zone with the exception of Indianapolis in Marion 
County and the counties surrounding Marion, and maintaining the current 
time zone boundaries. The primary reasons given by those in favor of 
the Central Time Zone include the benefit to commerce and increasing 
availability for communication with customers on the West coast; 
astronomical, referring to the time at which the sun is directly 
overhead as compared to clock time; geographic location of the State, 
with closer ties to Chicago and the Midwest compared to New York and 
the East coast; safety of school children waiting for school buses in 
the morning; and employment-related reasons such as wanting to live in 
and work in counties on the same time zone. Primary reasons given by 
those in favor of the Eastern Time Zone include commerce, because 
Indianapolis, the state capital, and the majority of the State is on 
the Eastern Time Zone; recreation and quality of life which they say is 
improved by having more daylight in the evening to spend time with the 
family or outdoors; and safety of the motoring public, because there 
are more daylight hours in the evening.
    Commenters provided a wide variety of data on sunrise/sunset times, 
economic development and trends, commuting patterns, school districts 
and institutions of higher learning, effects upon transportation 
services, and the location of cultural and recreational activities.

Discussion of Comments Applicable to All Petitioning Counties

    A substantial number of the commenters, both in written submissions 
and at the public hearings, repeatedly raised three issues that they 
argued should or should not result in a change in the time zone 
boundary for particular petitioning counties: (1) ``Natural time zone'' 
or ``simple geography;'' (2) regional connections; and (3) safety of 
the children. Commenters favoring a move to the Central Time Zone 
relied upon the ``natural time zone'' or ``simple geography'' position 
and concerns about the safety of the children. On the other hand, the 
effects of regional connections were raised by both opponents and 
proponents of time zone changes.
    These three issues were raised with regard to every petition filed. 
Rather than repeating these matters in the summary of the comments on a 
county-by-county basis, we have summarized them below and responded to 
these comments in this section. They have been considered in making our 
decision for changing the time zone boundary in each county.

``Natural Time Zone'' or ``Simple Geography''

    Both at the hearing and in written comments, there were repeated 
references to astronomical and geographic indicators for time zone to 
support the position for the Central Time Zone. Leading proponents of 
this position were Hoosiers for Central Time, started by David Kinney, 
a drive-in movie theatre owner, and Jeff Sagarin. Commenters noted that 
time zones are established geographically by the earth's 24 hour 
rotation and the 360 degrees of the earth's circumference. Based on 
geography, they explained that the geographic boundary between the 
Eastern and Central Time Zones is at the 82.5 degree line of longitude 
which is in Ohio, not Indiana. They also noted that

[[Page 3234]]

the geographic center of the Central Time Zone is located in Illinois 
and, therefore, ``the entire state of Indiana is well within the 
natural boundaries of the central time zone.'' From an astronomical 
perspective, commenters stated that the sun should be overhead at noon 
and that, under Eastern Daylight Time, the sun would not reach its 
highest point until 2 p.m. and set at 9:15 p.m. in the summer in some 
parts of Indiana. They complained of being ``out of sync'' with the 
sun. They argued, therefore, that all of Indiana should be moved to the 
Central Time Zone, as it was from 1918 to 1961.
    The Department is mindful of the value and ease of setting time 
zones based on simple geography. Congress has recognized, however, that 
natural time and simple geography do not address the complexity of 
modern life. Accordingly, in addition to establishing time zones based 
simply on longitudinal lines, Congress adopted a standard for time zone 
decisions: ``Regard for the convenience of commerce and the existing 
junction points and division points of common carriers engaged in 
interstate or foreign commerce.'' It is DOT's responsibility to 
consider requests for changes in time zone boundaries in light of the 
statutory standard, bearing in mind the need to address the effect on 
economic, cultural, social, and civic activities between neighboring 
counties in making decisions. Furthermore, DOT does not have a 
statewide proposal before it nor has the Indiana legislature endorsed 
such an approach. It is, therefore, beyond the scope of this proceeding 
to consider such a significant change to the State's time zone 
boundaries.

Regional Connections

    As noted above, DOT has developed a series of questions to assist 
communities and us in determining the impact of a time zone change on 
the ``convenience of commerce.'' We asked that petitioning counties and 
commenters discuss how the time zone change impacts such things as 
economic, cultural, social, and civic activities and how time zone 
changes affect businesses, communication, transportation, and 
education. In responding to these questions at both the public hearings 
and in written submissions to the docket, many commenters referred to 
regional connections. As one commenter put it, DOT ``should be 
recognizing cohesive areas with time zone lines--not creating further 
divisions.''
    Petitioning counties advocating for a move to the Central Time Zone 
referred to their ties to other Indiana counties currently on the 
Central Time Zone. Petitioning counties in the northwest answered DOT's 
questions by referring to their ties to Chicago for media, 
transportation, and business; the southwest counties referred to their 
connections to Evansville. Petitioning counties also talked about 
wanting to be on the same time zone as their neighboring counties, and 
often mentioned that they were aware that their neighboring counties 
were also petitioning for change. Several commissioners spoke at the 
public hearings and submitted letters in support of their neighbor's 
petitions. Similarly, counties that chose not to seek a time zone 
change opposed neighboring county's petitions in the interest of 
keeping the region on the same time zone. For example, Elkhart County, 
opposing St. Joseph County's petition, referred to the need to keep the 
Michiana region (neighboring Michigan counties and St. Joseph, 
Marshall, Elkhart, and Kosciusko Counties) in the same time zone.
    Many of the petitioning counties and commenters referred to data 
from STATS Indiana, an information service of the Indiana Business 
Research Center at Indiana University's Kelly School of Business. This 
includes Indiana Annual Commuting Trends Profile, based on Indiana IT 
40 returns for tax year 2003. The Commuting Trends Profile shows 
county-by-county commuting patterns both into and out of the county. 
Commenters also referred to data from the Indiana Economic Development 
Corporation (IEDC), the State of Indiana's lead economic development 
agency, established in February 2005 to replace the former Department 
of Commerce. IEDC focuses its efforts on growing and retaining 
businesses in Indiana and attracting new business to the State of 
Indiana. It has identified 5 geographic areas of commerce for purposes 
of its programs. Commenters also referred to data from Indiana 
Department of Workforce Development, which manages and implements 
employment programs and unemployment insurance systems, and facilitates 
regional economic growth initiatives for Indiana. The Indiana 
Department of Workforce Development has identified 11 regions of 
economic activity. Commenters noted that the Indiana Department of 
Transportation has established Indiana transportation districts, 
dividing Indiana into 6 regional transportation networks, and that the 
Indiana Department of Education has divided the State into 9 education 
service centers.
    With regard to media, the Indiana Chamber of Commerce provided a 
map identifying Indiana Media/Commerce Markets, listing as its source 
2004 Survey of Buying Power, Sales & Marketing Magazine, September 
2004. In addition, several commenters including television broadcasting 
stations referred to Designated Media Markets as defined by the Nielsen 
for use in television ratings. A few commenters referred to the Federal 
Communication Commission Designated Viewing Areas.
    In supporting their claims that a time zone change should or should 
not be made, commenters relied upon these regional divisions, 
districts, areas, or markets in order to demonstrate how the change 
would be consistent or in conflict with a particular regional entity or 
state designation. For example, a commenter at the Jasper hearing, Greg 
Wathen, the Executive Director for the Perry County Development 
Corporation, spoke in favor of Perry County's petition to move to the 
Central Time Zone and asked ``that the same consideration be given for 
those other counties within our region.'' In support of his position, 
he extensively referred to the various Indiana agencies noted above 
that defined regional areas of economic activity and commerce.
    The Department has summarized information concerning regional 
connectivity in the following charts:

                                                      Northern \1\ Indiana Regional Configurations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Economic    Workforce   Commerce                                              Media and commerce
             County                     IEDC \2\       growth \3\      \4\         \5\      Transportation \6\     Education \7\          market \8\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Petitioning Counties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Carroll.........................  C..................           4           4           5  La Porte...........  Wabash Valey.......  Lafayette.
Cass............................  NC.................           4           5           4  La Porte...........  Wabash Valley......  Indianapolis.
Fulton..........................  NC.................           2           5           2  La Porte...........  N. Indiana.........  South Bend.

[[Page 3235]]

 
Marshall........................  NC.................           2           2           2  La Porte...........  N. Indiana.........  South Bend.
Pulaski.........................  NW.................           1           1           2  La Porte...........  N. Indiana.........  South Bend.
St. Joseph......................  NC.................           2           2           2  La Porte...........  N. Indiana.........  South Bend.
Starke..........................  NW.................           1           1           2  La Porte...........  N. Indiana.........  South Bend.
White...........................  C..................           4           4           5  La Porte...........  Wabash Valley......  Lafayette.
---------------------------------
                                                                Non-Petitioning Counties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Elkhart.........................  NC.................           2           2           2  Fort Wayne.........  N. Indiana.........  South Bend.
Kosciusko.......................  NC.................           2           2           2  Fort Wayne.........  N. Indiana.........  South Bend.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                         Central Indiana Regional Configurations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Economic                                                                      Media and commerce
             County                       IEDC           growth     Workforce   Commerce      Transportation         Education              market
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Petitioning Counties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vermillion......................  C..................           7           7           6  Crawfordsville.....  West Central.......  Terre Haute.
Sullivan........................  SW.................           7           7           6  Vincennes..........  West Central.......  Terre Haute.
---------------------------------
                                                                Non-Petitioning Counties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vigo............................  C..................           7           7           6  Crawfordsville.....  West Central.......  Terre Haute.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                        Southern Indiana Regional Configurations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Economic                                                                     Media and  commerce
             County                       IEDC           growth     Workforce   Commerce      Transportation         Education              market
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Petitioning Counties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Daviess.........................  SW.................           8          11          11  Vincennes..........  S. Indiana Ed......  Terre Haute.
Dubois..........................  SW.................          11          11          11  Vincennes..........  S. Indiana Ed......  Evansville.
Knox............................  SW.................          11          11          11  Vincennes..........  S. Indiana Ed......  Terre Haute.
Lawrence........................  SW.................           8           8          10  Vincennes..........  S. Indiana Ed......  Indianapolis.
Martin..........................  SW.................           8          11          11  Vincennes..........  S. Indiana Ed......  Terre Haute.
Perry...........................  SW.................          11          11          11  Vincennes..........  S. Indiana Ed......  Evansville.
Pike............................  SW.................          11          11          11  Vincennes..........  S. Indiana Ed......  Evansville.
---------------------------------
                                                                Non-Petitioning Counties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Orange..........................  SW.................           8          12          12  Vincennes..........  S. Indiana Ed......  Louisville.
Crawford........................  SW.................          10          12          12  Vincennes..........  S. Indiana Ed......  Louisville.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Indiana's Regional Configurations, Stats Indiana from Indiana Business Research Center.
\2\ Indiana's Economic Development Corporation recognizes 5 areas of commerce.
\3\ Indiana's Department of Workforce Development created 11 regions of economic activity.
\4\ https://www.in.gov/dwd/job_seekers/job_seekers_workforce_centers_regional_map.html.
\5\ Indiana Business Research Center, an outreach service of the Kelley School of Business at Indiana University.
\6\ Indiana Department of Transportation has divided the State into 6 regional transportation districts. https://www.in.gov/dot/div/traffic/districts/
index.html.
\7\ Indiana Department of Education has divided the State into 9 education service centers. https://doe.state.in.us/htmls/esc.html.
\8\ Indiana Chamber of Commerce, Source of Information, Survey of Buying Power, Sales and Marketing Magazine, September 2004.

    DOT has carefully reviewed this data and utilized it in reaching 
its decision. DOT recognizes the importance of regional connections and 
the benefits of similar time zones and regional ties among counties. 
Remaining in the same time zone and maintaining their regional ties 
better position counties to realize advantages in economic, cultural, 
social, and civic activities, thereby serving the convenience of 
commerce.

Safety of the Children

    Many commenters expressed concern about the impact of the time zone 
boundaries on children. Some concerned parents commented that, for 
safety reasons, their children should not have to be standing at the 
bus stop on rural roads when it is still dark outside and, therefore, 
urged a move to the Central Time Zone. Other concerned parents stated 
that there was no statistical data concerning early morning incidents 
involving children waiting for buses and said that they preferred that 
their children have an extra hour of daylight at the end of the day to 
allow them to spend more time outdoors to get exercise. A few 
commenters talked about an obesity problem in children who did not 
exercise and suggested it was better to have more daylight in the 
afternoon so that children could play sports or otherwise be active 
outdoors. They favored, therefore, keeping counties in the Eastern Time 
Zone. A few other

[[Page 3236]]

commenters mentioned student drivers. They noted that student drivers 
``have very limited driving skills'' and would ``drive to school in the 
dark and often times in hazardous road conditions.''
    One commenter, who spoke at the South Bend hearing and subsequently 
filed a comment, Mark Catanzarite, who serves on the St. Joseph County 
Council and is a firefighter/paramedic, referred to Executive Order 
13045--Protection of Children from Environmental Health Risks and 
Safety Risks. Noting that St. Joseph County is highly populated while 
its neighboring counties of Marshall, Starke, Fulton, and Pulaski are 
more rural, he described the harsh Northern Indiana winter weather. He 
said that the petitioning counties in Northern Indiana are subject to 
numerous fog and snow delays each school year. ``The difference between 
a two and three hour delay is the critical factor in determining if 
school will be cancelled. Anything more than a two-hour delay 
automatically cancels classes for the day and lost time is costly.'' 
Several working parents talked about the problems that school delays 
caused for them in terms of missing work or arranging for child care. 
John Gaski, a university professor, also referred to Executive Order 
13045 in a comment to the docket. He noted a National Bureau of 
Standards report that, according to Mr. Gaski, found that there were 
``more fatalities to children from morning darkness.'' He questioned 
whether a final rule putting the region in the Eastern Time Zone would 
violate the Executive Order.
    Other commenters said that the argument about school children 
waiting in the dark should not be used to support a move to the Central 
Time Zone. For example, the Indiana Chamber of Commerce provided 
information on the safety case. The Chamber noted ``[d]arkness in the 
morning at bus stops has not proven to be a safety hazard.'' In support 
of its position, the Chamber stated that a ``32-year National Study of 
School Bus Safety done by the Kansas State DOE in 2003 shows that 90% 
of school bus-stop accidents occur in daylight.'' In responding to the 
Chamber's position, Thomas Heller wrote that the study only addressed 
loading and unloading accidents and that there were no studies 
presented on moving school bus accidents or the performance of 
schoolchildren and academic achievement based on ``unnaturally-early 
school hours.'' Although expressing concern about dark mornings, Patty 
Ann Wright, a school bus driver for 23 years from Sullivan County, 
stated that school bus drivers attend annual safety meetings and that 
buses are inspected at least twice a year. She noted that ``[b]ecause 
of this emphasis on safety, there are very few injuries to Indiana 
schoolchildren while traveling on school buses.'' On the other hand, 
another commenter, Gary King, asserted that ``it would be better if the 
schools would change to later starting times. Educational research 
supports that.''
    The Department received no research or studies supporting this 
assertion. Later starting times for schools is a local issue beyond the 
scope of this proceeding.
    Executive Order 13045, as amended by Executive Orders 13229 and 
13296, defines ``environmental health risks and safety risks'' as 
``risks to health or to safety that are attributable to products or 
substances that the child is likely to come into contact with or ingest 
(such as the air we breath, the food we eat, the water we drink or use 
for recreation, the soil we live on, and the products we use or are 
exposed to.'' By its terms, the Executive Order does not apply to this 
matter. Nevertheless, because we have a continuing concern about 
children in all our programs, we have reviewed and assessed the 
comments on the impact of time zone changes on children.
    Safety is the number one priority of the Department and we are 
committed to improving safety of school children. No conclusive 
evidence was presented, however, to indicate that the Eastern Time Zone 
and morning darkness will result in increased safety risks to children. 
While mornings may be dark, no commenters have provided any evidence 
that school children in neighboring counties to the north in Michigan 
or to the east and south in Indiana are at increased safety risk. 
Moreover, no commenter cited any studies or data from the Indiana 
Department of Education claiming that the time zone causes particular 
problems for school children. In addition, as for the 1976 National 
Bureau of Standards study referred to by Mr. Gaski, while there were 
reports of increased fatalities among school-age children in the 
mornings during the test period, it was impossible to determine whether 
this was due to Daylight Saving Time which would have resulted in a 
later sunrise. See Congressional Research Service Order Code RS22284, 
Daylight Saving Time, September 27, 2005. Furthermore, in ``The 
Daylight Saving Time Study,'' a September 1975 report to Congress, the 
Department discussed the safety of school children going to school in 
the morning darkness. The report concluded, ``it has been disc