Standard Time Zone Boundary in the State of North Dakota: Proposed Change for Mercer County, North Dakota, From Mountain to Central Time Zone, 9568-9571 [2010-4372]
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(iii) Cooperate with DC3 to ascertain
intruder methodology and identify systems
compromised as a result of the intrusion. The
DCISE Web site will provide detailed
guidelines and processes as needed and
appropriate.
(iv) As required by the Government and
permitted by law, share files on
compromised systems that pertain to
unclassified DoD information.
(6) Damage assessment activities. The DoD
Damage Assessment Management Office
(DAMO) will conduct an initial damage
assessment and notify the Contractor whether
a follow-up compromise assessment report is
required. If required, the follow-up report
shall include at a minimum the following
information:
(i) An index of DoD information contained
on the affected system.
(ii) An initial list of DoD programs
impacted by the compromise.
(iii) The type of DoD information
compromised (e.g., CPI, PII, Privacy Act,
ITAR, EAR, and HIPAA) and a brief
description of the accessed information.
(iv) The Contractor’s points of contact to
coordinate future damage assessment
activities.
(v) The threat methodology.
(vi) Amount of DoD information including
files/data bytes exfiltrated or accessed.
(vii) Inventory of DoD IT equipment
accessed or from which DoD information has
been exfiltrated.
(d) Protection of reported information.
Except to the extent that such information is
publicly available, DoD will protect
information reported or otherwise provided
to DoD under this clause in accordance with
applicable statutes, regulations, and policies
(e.g., CPI, PII, FOIA, Trade Secrets Act,
Privacy Act, ITAR, EAR, and HIPAA).
(1) The Contractor and its subcontractors
shall mark attribution information reported
or otherwise provided to the Government.
The Government may use attribution
information and disclose only to authorized
persons for cyber security and related
purposes and activities pursuant to this
clause (e.g., in support of forensic analysis,
incident response, compromise or damage
assessments, law enforcement,
counterintelligence, threat reporting, trend
analyses). Attribution information is shared
outside of the DCISE only to authorized
entities on a need-to-know basis as required
for such Government cyber security and
related activities. The Government may
disclose attribution information to support
contractors that are supporting the
Government’s cyber security and related
activities under this clause only if the
support contractor is subject to legal
confidentiality requirements that prevent any
further use or disclosure of the attribution
information.
(2) The Government may use and disclose
reported information that does not include
attribution information (e.g., information
regarding threats, vulnerabilities, incidents,
or best practices) at its discretion to assist
entities in protecting information or
information systems (e.g., threat information
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products, threat assessment reports);
provided that such use or disclosure is
otherwise authorized in accordance with
applicable statutes, regulations, and policies.
(e) Nothing in this clause limits the
Government’s ability to conduct law
enforcement or counterintelligence activities,
or other lawful activities in the interest of
national security. The results of the activities
described in this clause may be used to
support an investigation and prosecution of
any person or entity, including those
attempting to infiltrate or compromise
information on a Contractor information
system in violation of any statute.
(f) Subcontracts. The Contractor shall
include the substance of this clause,
including this paragraph (f), in all
subcontracts under this contract, if the
subcontractor will have access to or generate
DoD information. In altering this clause to
identify the appropriate parties, the
Contractor shall modify the reporting
requirements to include notification to the
prime contractor or the next higher tier in
addition to the reports to the DCISE as
required by paragraph (c) of this clause.
(End of clause)
[FR Doc. 2010–4173 Filed 3–2–10; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 71
[OST Docket No. OST–2010–0046]
Standard Time Zone Boundary in the
State of North Dakota: Proposed
Change for Mercer County, North
Dakota, From Mountain to Central Time
Zone
AGENCY: Office of the Secretary,
Department of Transportation (DOT).
ACTION: Notice of Proposed Rulemaking
(NPRM).
SUMMARY: The Chairman of the Board of
County Commissioners for Mercer
County, North Dakota, petitioned the
U.S. Department of Transportation to
move Mercer County from the mountain
to the central standard time zone. The
Department believes that the petition
makes a prima facie case for the
proposed time zone change, and we are
using this notice to solicit public
comment on the proposal.
DATES: Public comments to the docket
should be submitted by June 14, 2010.
Late-filed comments will be considered
to the extent practicable. The
Department has scheduled a public
hearing on this issue from 7–10 p.m.
(Mountain Daylight Time) on Friday,
May 14, 2010, in the ‘‘Large Room’’ of
the City Hall, 146 East Main Street,
Hazen, North Dakota.
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ADDRESSES: You may submit comments
(identified by the agency name and DOT
Docket ID Number OST–2010–0046) by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for submitting
comments.
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
Instructions: You must include the
agency name (Office of the Secretary,
DOT) and Docket number (OST–2010-)
for this notice at the beginning of your
comments. You should submit two
copies of your comments if you submit
them by mail or courier. Note that all
comments received will be posted
without change to https://
www.regulations.gov including any
personal information provided and will
be available to internet users. You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477) or you may visit https://
DocketsInfo.dot.gov.
Docket: For internet access to the
docket to read background documents
and comments received, go to https://
www.regulations.gov. Background
documents and comments received may
also be viewed at the U.S. Department
of Transportation, 1200 New Jersey
Avenue, SE, Docket Operations, M–30,
West Building Ground Floor, Room
W12–140, Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Robert C. Ashby, Deputy Assistant
General Counsel for Regulation and
Enforcement, U.S. Department of
Transportation, Room W94–302, 1200
New Jersey Avenue, SE., Washington,
DC 20590, (202) 366–9310,
bob.ashby@dot.gov.
For more
than a century, time zone boundaries in
North Dakota have had an interesting
and varied history. Beginning in 1883,
mountain time was observed in the
southwest portion of the state and a few
locations in the northwest, with central
time being used elsewhere. In 1929, the
Interstate Commerce Commission (ICC),
which then had jurisdiction over time
zone boundaries, extended central time
to cover all but a cluster of counties in
SUPPLEMENTARY INFORMATION:
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the southwest corner of the state.
Congress transferred the ICC’s time zone
boundary powers to the Department of
Transportation (DOT) in 1967. DOT
exercises these powers under the
provisions of the Uniform Time Act of
1966 (15 U.S.C. 260–64).
The Department has exercised its
authority under this statute in several
proceedings affecting North Dakota. In
1968, in response to a petition from the
Governor of North Dakota, the
Department placed 14 counties lying
south and west of the Missouri River
into mountain time. The change was
made to accommodate the historical
pattern of time observance in the state.
In 1992, in response to a petition from
the Board of Commissioners of Oliver
County (which is adjacent to Mercer
County), the Department moved that
county into the central time zone. The
Department took similar action with
respect to Morton County and a portion
of Sioux County in 2003.
In 2000–2003, the Department
considered a petition from the Mercer
County Commission to move the county
to the central time zone. The proposal
was controversial in the county. A 2000
referendum favored changing to central
time by a vote of 1,180 to 1038.
However, a majority of written
comments to the Department’s docket
favored keeping the county in the
mountain time zone. After considering
the comments, and while
acknowledging the reasons supporting a
change, the Department decided to deny
the petition (68 FR 53082; September 9,
2003). The Department’s decision noted
that the Commission was free to file a
new petition on the subject in the
future. In a petition dated October 9,
2009, Mr. Lyle L. Latimer, Chairman of
the Mercer County Board of County
Commissioners, asked the Department
to move the county from the mountain
time zone to the central time zone.
Under the Uniform Time Act, 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.’’ 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 us
in determining the impact of a time
zone change on the ‘‘convenience of
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commerce.’’ The Department considers
information bearing on these questions
in making its decision on a proposed
time zone change.
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?
The current Mercer County petition
stated several reasons for the request,
outlining the Commission’s view of why
the change would meet the
’’convenience of commerce’’ standard.
The following is a summary of the
reasons asserted in support of the
request, which facially address several
of the Department’s questions.
* Almost all supplies for businesses
in Mercer County, including the coal
and agriculture industries, are shipped
from the Bismarck/Mandan area and
other points in the central time zone.
* Communications media
(newspapers, radio and television
stations) serving Mercer County are
based in the Bismarck/Mandan area.
* There is no regular passenger
transportation serving Mercer County.
Residents go to the Bismarck/Mandan
area to catch planes, trains, and buses.
* The main offices for several Mercer
County energy industry facilities are
located in Bismarck.
* Many residents regularly travel to
the Bismarck/Mandan area for
recreation, health care, and other
purposes.
* Geographically, Mercer County is
adjacent to the central time zone on the
east, north, and south sides of the
county, and is therefore well-located for
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inclusion in the central time zone. The
Fort Berthold Indian Reservation,
located in Mercer County, is currently
in the central time zone.
The current petition represents that
local government, industry, and
education leaders recently brought the
matter to the Commission’s attention,
requesting that the question of changing
the time zone be raised. One change
affecting the schools that has been
mentioned is that a school in Stanton,
in Mercer County, has closed, with
Mercer students now being transported
to a school in Center, in Oliver County,
which is located in the central time
zone. In addition, it has been suggested
that commuting patterns may be more
oriented toward areas in the central time
zone than was the case in the 2000–
2003 period.
When DOT considers a petition to
change a time zone boundary, the
Department will generally begin a
rulemaking proceeding if the highest
elected officials in the area make a
prima facie case for the proposed
change. The Department believes that
the Mercer County Commission’s
petition does make a prima facie case to
change the time zone of Mercer County
from mountain to central. Consequently,
we are issuing this notice of proposed
rulemaking (NPRM) that would move
the county into the central time zone.
The Department is opening a
comment period on this matter. The
public hearing is scheduled during this
comment period, to give interested
persons the opportunity to develop their
thoughts and comments before the
hearing and to respond in writing after
the hearing, if they wish, to information
presented at the hearing.
The Department wants to make clear
that, by issuing this NPRM, we are not
taking a position on the merits of the
petition. The Department does not have
a ‘‘going-in position’’ on whether the
county should remain in the mountain
time zone or change to the central time
zone. The effect of the NPRM is simply
to begin a public input process that will
include the opportunity for written
comments and the opportunity to speak
at a public hearing in the county.
In making a decision based on what
the Department learns from this process,
the Department will focus on matters
affecting the ‘‘convenience of
commerce,’’ which we interpret broadly
to encompass matters concerning the
effects of a potential change on the
economy of the jurisdiction in question,
transportation, education and other
public institutions, and other factors
including the personal views of
residents. Our ultimate decision will be
based on information provided to the
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written docket or at the hearing.
Commenters and participants at the
public hearing should present all the
information they can, in as great detail
as possible, relevant to the Department’s
questions concerning whether the
proposal meets the ‘‘convenience of
commerce’’ standard. Comments that
explain why mountain time or central
time is preferable, in terms of the
Department’s ‘‘convenience of
commerce’’ standard, will be of greater
use to the Department than unexplained
expressions of liking one outcome better
than the other.
We believe that the views of
community members and leaders is an
important part of the Department’s
decisionmaking process, on the
assumption that the people and
organizations who would be most
affected by a proposed change are in the
best position to advise us on the effects
of a change. The process is not simply
a matter of a vote, however. As in all
rulemaking proceedings, the
Department’s decision is not made
solely on the basis of the number of
comments that persons favoring one
outcome or another sent to us.
If the Department decides to move
Mercer County into the central time
zone, we would time the decision to be
effective on November 7, 2010, to
coincide with the change from daylight
to standard time. The purpose of this
timing would be to minimize disruption
from the change.
Regulatory Analyses and Notices
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Executive Order 12866 and Regulatory
Flexibility Act
The Department has determined that
this action is not a significant regulatory
action for purposes of Executive Order
12866 or the Department’s regulatory
policies and procedures. The rule
primarily affects the convenience of
individuals in scheduling activities. By
itself, it imposes no direct costs. Its
impact is localized in nature, affecting
only the residents of a single county. 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.
While some small entities (i.e., small
business or governmental entities in
Mercer County) would be affected by
setting their clocks differently than in
the past, the economic effects of doing
so would not be significant. Therefore,
the Department certifies that the rule
would not have a significant economic
impact on a substantial number of small
entities.
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Federalism
This NPRM has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’). The NPRM 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 NPRM
would not impose an unfunded
mandate.
Protection of Children
We have analyzed this NPRM under
E.O. 13045, Protection of Children from
Environmental Health Risks and Safety
Risks. This NPRM 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. The
Department will consider any comments
it receives about potential safety effects
on children of a time zone change.
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 https://dms.dot.gov.
Paperwork Reduction Act
This rule does not create any
information collection requirements
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covered by the Paperwork Reduction
Act.
List of Subjects in 49 CFR Part 71
Time zones.
Robert S. Rivkin,
General Counsel.
For reasons discussed in the
preamble, the Department of
Transportation proposes to amend Title
49 of the Code of Federal Regulations,
Part 71, as follows:
PART 71—STANDARD TIME ZONE
BOUNDARIES
1. The authority citation for 49 CFR
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), unless otherwise noted.
2. Revise § 71.7 (a) to read as follows:
§ 71.7 Boundary line between central and
mountain 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
western land boundary of Mercer
County; thence south along the western
county line of Mercer County to the
southwest boundary; thence east and
south along the southwestern county
boundary of Morton County to the
intersection with the boundary with
Sioux County; thence west and south
along the northern boundary of Sioux
County to the center of State Highway
31; thence south along the center of
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State Highway 31 to the state border
with South Dakota; thence east along
the southern boundary of Sioux County
to the middle of the Missouri River.
*
*
*
*
*
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Agencies
[Federal Register Volume 75, Number 41 (Wednesday, March 3, 2010)]
[Proposed Rules]
[Pages 9568-9571]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4372]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 71
[OST Docket No. OST-2010-0046]
Standard Time Zone Boundary in the State of North Dakota:
Proposed Change for Mercer County, North Dakota, From Mountain to
Central Time Zone
AGENCY: Office of the Secretary, Department of Transportation (DOT).
ACTION: Notice of Proposed Rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The Chairman of the Board of County Commissioners for Mercer
County, North Dakota, petitioned the U.S. Department of Transportation
to move Mercer County from the mountain to the central standard time
zone. The Department believes that the petition makes a prima facie
case for the proposed time zone change, and we are using this notice to
solicit public comment on the proposal.
DATES: Public comments to the docket should be submitted by June 14,
2010. Late-filed comments will be considered to the extent practicable.
The Department has scheduled a public hearing on this issue from 7-10
p.m. (Mountain Daylight Time) on Friday, May 14, 2010, in the ``Large
Room'' of the City Hall, 146 East Main Street, Hazen, North Dakota.
ADDRESSES: You may submit comments (identified by the agency name and
DOT Docket ID Number OST-2010-0046) by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting
comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
Instructions: You must include the agency name (Office of the
Secretary, DOT) and Docket number (OST-2010-) for this notice at the
beginning of your comments. You should submit two copies of your
comments if you submit them by mail or courier. Note that all comments
received will be posted without change to https://www.regulations.gov
including any personal information provided and will be available to
internet users. You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit https://DocketsInfo.dot.gov.
Docket: For internet access to the docket to read background
documents and comments received, go to https://www.regulations.gov.
Background documents and comments received may also be viewed at the
U.S. Department of Transportation, 1200 New Jersey Avenue, SE, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, Washington,
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant
General Counsel for Regulation and Enforcement, U.S. Department of
Transportation, Room W94-302, 1200 New Jersey Avenue, SE., Washington,
DC 20590, (202) 366-9310, bob.ashby@dot.gov.
SUPPLEMENTARY INFORMATION: For more than a century, time zone
boundaries in North Dakota have had an interesting and varied history.
Beginning in 1883, mountain time was observed in the southwest portion
of the state and a few locations in the northwest, with central time
being used elsewhere. In 1929, the Interstate Commerce Commission
(ICC), which then had jurisdiction over time zone boundaries, extended
central time to cover all but a cluster of counties in
[[Page 9569]]
the southwest corner of the state. Congress transferred the ICC's time
zone boundary powers to the Department of Transportation (DOT) in 1967.
DOT exercises these powers under the provisions of the Uniform Time Act
of 1966 (15 U.S.C. 260-64).
The Department has exercised its authority under this statute in
several proceedings affecting North Dakota. In 1968, in response to a
petition from the Governor of North Dakota, the Department placed 14
counties lying south and west of the Missouri River into mountain time.
The change was made to accommodate the historical pattern of time
observance in the state. In 1992, in response to a petition from the
Board of Commissioners of Oliver County (which is adjacent to Mercer
County), the Department moved that county into the central time zone.
The Department took similar action with respect to Morton County and a
portion of Sioux County in 2003.
In 2000-2003, the Department considered a petition from the Mercer
County Commission to move the county to the central time zone. The
proposal was controversial in the county. A 2000 referendum favored
changing to central time by a vote of 1,180 to 1038. However, a
majority of written comments to the Department's docket favored keeping
the county in the mountain time zone. After considering the comments,
and while acknowledging the reasons supporting a change, the Department
decided to deny the petition (68 FR 53082; September 9, 2003). The
Department's decision noted that the Commission was free to file a new
petition on the subject in the future. In a petition dated October 9,
2009, Mr. Lyle L. Latimer, Chairman of the Mercer County Board of
County Commissioners, asked the Department to move the county from the
mountain time zone to the central time zone.
Under the Uniform Time Act, 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.'' 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 us in
determining the impact of a time zone change on the ``convenience of
commerce.'' The Department considers information bearing on these
questions in making its decision on a proposed time zone change.
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?
The current Mercer County petition stated several reasons for the
request, outlining the Commission's view of why the change would meet
the ''convenience of commerce'' standard. The following is a summary of
the reasons asserted in support of the request, which facially address
several of the Department's questions.
* Almost all supplies for businesses in Mercer County, including
the coal and agriculture industries, are shipped from the Bismarck/
Mandan area and other points in the central time zone.
* Communications media (newspapers, radio and television stations)
serving Mercer County are based in the Bismarck/Mandan area.
* There is no regular passenger transportation serving Mercer
County. Residents go to the Bismarck/Mandan area to catch planes,
trains, and buses.
* The main offices for several Mercer County energy industry
facilities are located in Bismarck.
* Many residents regularly travel to the Bismarck/Mandan area for
recreation, health care, and other purposes.
* Geographically, Mercer County is adjacent to the central time
zone on the east, north, and south sides of the county, and is
therefore well-located for inclusion in the central time zone. The Fort
Berthold Indian Reservation, located in Mercer County, is currently in
the central time zone.
The current petition represents that local government, industry,
and education leaders recently brought the matter to the Commission's
attention, requesting that the question of changing the time zone be
raised. One change affecting the schools that has been mentioned is
that a school in Stanton, in Mercer County, has closed, with Mercer
students now being transported to a school in Center, in Oliver County,
which is located in the central time zone. In addition, it has been
suggested that commuting patterns may be more oriented toward areas in
the central time zone than was the case in the 2000-2003 period.
When DOT considers a petition to change a time zone boundary, the
Department will generally begin a rulemaking proceeding if the highest
elected officials in the area make a prima facie case for the proposed
change. The Department believes that the Mercer County Commission's
petition does make a prima facie case to change the time zone of Mercer
County from mountain to central. Consequently, we are issuing this
notice of proposed rulemaking (NPRM) that would move the county into
the central time zone.
The Department is opening a comment period on this matter. The
public hearing is scheduled during this comment period, to give
interested persons the opportunity to develop their thoughts and
comments before the hearing and to respond in writing after the
hearing, if they wish, to information presented at the hearing.
The Department wants to make clear that, by issuing this NPRM, we
are not taking a position on the merits of the petition. The Department
does not have a ``going-in position'' on whether the county should
remain in the mountain time zone or change to the central time zone.
The effect of the NPRM is simply to begin a public input process that
will include the opportunity for written comments and the opportunity
to speak at a public hearing in the county.
In making a decision based on what the Department learns from this
process, the Department will focus on matters affecting the
``convenience of commerce,'' which we interpret broadly to encompass
matters concerning the effects of a potential change on the economy of
the jurisdiction in question, transportation, education and other
public institutions, and other factors including the personal views of
residents. Our ultimate decision will be based on information provided
to the
[[Page 9570]]
written docket or at the hearing. Commenters and participants at the
public hearing should present all the information they can, in as great
detail as possible, relevant to the Department's questions concerning
whether the proposal meets the ``convenience of commerce'' standard.
Comments that explain why mountain time or central time is preferable,
in terms of the Department's ``convenience of commerce'' standard, will
be of greater use to the Department than unexplained expressions of
liking one outcome better than the other.
We believe that the views of community members and leaders is an
important part of the Department's decisionmaking process, on the
assumption that the people and organizations who would be most affected
by a proposed change are in the best position to advise us on the
effects of a change. The process is not simply a matter of a vote,
however. As in all rulemaking proceedings, the Department's decision is
not made solely on the basis of the number of comments that persons
favoring one outcome or another sent to us.
If the Department decides to move Mercer County into the central
time zone, we would time the decision to be effective on November 7,
2010, to coincide with the change from daylight to standard time. The
purpose of this timing would be to minimize disruption from the change.
Regulatory Analyses and Notices
Executive Order 12866 and Regulatory Flexibility Act
The Department has determined that this action is not a significant
regulatory action for purposes of Executive Order 12866 or the
Department's regulatory policies and procedures. The rule primarily
affects the convenience of individuals in scheduling activities. By
itself, it imposes no direct costs. Its impact is localized in nature,
affecting only the residents of a single county. 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. While some small entities (i.e.,
small business or governmental entities in Mercer County) would be
affected by setting their clocks differently than in the past, the
economic effects of doing so would not be significant. Therefore, the
Department certifies that the rule would not have a significant
economic impact on a substantial number of small entities.
Federalism
This NPRM has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism''). The NPRM
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 NPRM would not impose an
unfunded mandate.
Protection of Children
We have analyzed this NPRM under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This NPRM 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. The Department will consider
any comments it receives about potential safety effects on children of
a time zone change.
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
https://dms.dot.gov.
Paperwork Reduction Act
This rule does not create any information collection requirements
covered by the Paperwork Reduction Act.
List of Subjects in 49 CFR Part 71
Time zones.
Robert S. Rivkin,
General Counsel.
For reasons discussed in the preamble, the Department of
Transportation proposes to amend Title 49 of the Code of Federal
Regulations, Part 71, as follows:
PART 71--STANDARD TIME ZONE BOUNDARIES
1. The authority citation for 49 CFR 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), unless
otherwise noted.
2. Revise Sec. 71.7 (a) to read as follows:
Sec. 71.7 Boundary line between central and mountain 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 western land boundary of Mercer County; thence south along the
western county line of Mercer County to the southwest boundary; thence
east and south along the southwestern county boundary of Morton County
to the intersection with the boundary with Sioux County; thence west
and south along the northern boundary of Sioux County to the center of
State Highway 31; thence south along the center of
[[Page 9571]]
State Highway 31 to the state border with South Dakota; thence east
along the southern boundary of Sioux County to the middle of the
Missouri River.
* * * * *
[FR Doc. 2010-4372 Filed 3-2-10; 8:45 am]
BILLING CODE 4910-9X-P