Relocation of Standard Time Zone Boundary in the State of North Dakota: Mercer County, 60004-60008 [2010-24376]
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Authority: 46 U.S.C. 2103, 3306, 3703 and
4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
DEPARTMENT OF TRANSPORTATION
§ 160.151–57
49 CFR Part 71
[Amended]
58. Amend § 160.151–57(b)(8) by
removing the word ‘‘Transponder’’ and
adding, in its place, the word
‘‘Transmitter’’.
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PART 177—CONSTRUCTION AND
ARRANGEMENT
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Authority: 46 U.S.C. 2103, 3306; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; Department of Homeland Security
Delegation No. 0170.1.
[Amended]
60. Amend § 177.820 in paragraphs
(d)(1) and (2) by removing the words
‘‘3.8 meters’’ and adding, in their places,
the words ‘‘4.572 meters’’.
■
PART 184—VESSEL CONTROL AND
MISCELLANEOUS SYSTEMS AND
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■
Authority: 46 U.S.C. 2103, 3306; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; Department of Homeland Security
Delegation No. 0170.1.
§ 184.510
[Amended]
62. Amend § 184.510(a)(7) by
removing the words ‘‘LORAN
coordinates,’’.
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REGULATIONS
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Authority: 46 U.S.C. 2104(a), 6101, 7701,
8105, 9303, 9304; Department of Homeland
Security Delegation No. 0170.1; 46 CFR
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U.S.C. 3507.
§ 401.110
[Amended]
64. Amend § 401.110(a)(9) by
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■
Dated: September 17, 2010.
Sandra Selman,
Acting Chief, Office of Regulations and
Administrative Law, United States Coast
Guard.
[FR Doc. 2010–23766 Filed 9–28–10; 8:45 am]
BILLING CODE 9110–04–P
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[OST Docket No. OST–2010–0046]
Relocation of Standard Time Zone
Boundary in the State of North Dakota:
Mercer County
Office of the Secretary,
Department of Transportation (DOT).
ACTION: Final rule.
AGENCY:
■
§ 177.820
Office of the Secretary
DOT is moving all of Mercer
County, North Dakota to the central time
zone. Prior to this action, all of Mercer
County was located in the mountain
time zone. This action is taken in
response to a petition filed by the Board
of County Commissioners for Mercer
County and is based on comments made
at a public hearing and filed in the
docket.
SUMMARY:
Effective Date: This final rule
will be effective November 7, 2010.
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.
DATES:
SUPPLEMENTARY INFORMATION:
Background
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 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
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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 1,038.
However, a majority of written
comments to the Department’s docket,
and much of the sentiment of persons
attending a public hearing, 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 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
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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 Petition for Rulemaking
In October 2009, the Board of
Commissioners for Mercer County,
North Dakota, petitioned the Secretary
of Transportation to move Mercer
County from the mountain time zone to
the central time zone. The 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 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
from 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.
Public Comments
On March 3, 2010, the Department
published a notice of proposed
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rulemaking (75 FR 9568) announcing
the proposed change and inviting public
comment. A DOT representative
conducted a public hearing in Hazen,
North Dakota on May 14, 2010. At the
meeting, 14 persons spoke in favor of
switching to central time and five spoke
in favor of remaining in mountain time.
Over 400 written comments were
submitted to the docket. These
submissions included many detailed
letters, a number of anonymous
comments, and some brief statements
simply expressing a preference for
either mountain or central time. The
submissions came from individuals,
businesses, medical service providers,
local Chambers of Commerce, and
school districts. We appreciate the time
and effort of the people who expressed
their opinion at the public meeting and
through written comments, providing
the Department with the factual basis
upon which to make a decision.
Comments in Support of Central Time
Approximately 250 comments,
including written submissions and
those comments made at the hearing,
favored a switch to central time. Our
decision, however, is not based on the
number of comments supporting a
particular time zone. As discussed
above, the decision is based on the
statutory ‘‘convenience of commerce’’
standard and the comments help us to
make the decision by providing factual
information regarding the impact of a
time zone change on a community. The
comments supporting a move to central
time addressed five impacted areas that
would be improved by a change of time
zones: (1) Transportation, (2) business,
(3) schools and other public agencies,
(4) health care, and (5) family life.
In the area of transportation, many
submissions noted that the closest
transportation hub is Bismarck, which is
on central time. Numerous individuals
explained that catching a morning flight
out of Bismarck is inconvenient,
because they either have to get up very
early in the morning to account for the
one hour time difference, or pay to
spend the night before their flight in a
hotel.
The docket included abundant
comments focusing on the impact of a
time zone switch on businesses in
Mercer County. Most of the power
plants and mines, which are major
employers in Mercer County, already
run on central time. The manager of
Coyote electric generating plant
expressed how confusing it is to be
located in mountain time, but operating
on central time.
From the comments submitted, it
appears that the majority of the county’s
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businesses have their suppliers and
customers in central time and believe
that moving Mercer County to central
time would serve the convenience of
commerce. Many people explained that
because their businesses primarily
conduct transactions with entities
located in central time, they lose
valuable work time every day—at least
an hour in the morning, an hour at
lunch time, and an hour at the end of
the day. The manager of the Beulah
Motor Vehicle Branch Office wrote that
all their office support comes from the
State office in Bismarck, and they
therefore lose three hours a day of
contact with key support functions. The
President of Dakota Helicopters, Inc.
explained that they are in a ‘‘constant
battle’’ to complete their daily activities
with their vendors in a shortened time
span, because the vendors are all on
central time. Other comments focused
on the ongoing struggle businesses face
to schedule meetings, teleconferences,
and seminars with businesses located in
central time.
Being on mountain time also
adversely affects the quality of services
that businesses in Mercer County
provide, commenters asserted. A
submission from the secretary and
treasurer of Knife River Indian Heritage
Foundation portrayed how frequently
tourists get confused about the time and
arrive too early or too late for events at
the Foundation. The owner of Beulah
Drug Company explained that all of
their suppliers and technical support
are located on central or eastern time;
on many occasions they have needed a
service or product, but have had to wait
an extra day because the supplier was
already closed. The Beulah Public
Library is one of only two libraries in a
25-member consortium that is on
mountain time, which creates
scheduling issues. The Library also
believes that switching to central time
would allow them to better serve their
patrons, because their hours would
coincide with the area power plants and
mines. Moreover, several business
owners suggested that they would have
an easier time recruiting employees who
live in central time if Mercer County
switched to central time.
The Mercer County time zone also has
a major impact on the schools. The
Center-Stanton Public School Board, the
Beulah Board of Education, and the
Hazen Public School Board all
submitted comments favoring a switch
to central time. The Center-Stanton
school district is currently divided, with
half of the district on central time and
half on mountain time. The
Superintendent explained how this
makes scheduling meetings difficult,
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and it also requires the students residing
in Stanton to wake up very early in the
morning to be ready for the bus.
The Beulah School Board said that in
the 2008–2009 school year school
athletic teams participated in 180
varsity-level extracurricular contests,
with 119 of those in central time. The
comment explained that the students
leaving school early for these events
lose an hour of instruction more than
they would if Mercer County were on
central time. The Hazen School Board,
as well as many parents of children in
Mercer County schools, also expressed
concern over the lost educational time.
An added difficulty relates to the
present trend of schools in North Dakota
to move to distance education; the
different time zones make the
coordination of distance education
cumbersome.
A recurrent theme in the comments
was that mountain time negatively
impacts health care for Mercer County
residents. A number of health care
providers submitted comments to the
docket addressing the operational issues
that arise from the time zone difference.
Some of the issues mentioned were that
communications with health care
facilities in Bismarck are more difficult
to schedule, that patients often miss
appointments because of the time
difference, and that it is confusing for
physicians in Bismarck to review charts
of patients seen in Mercer County
because they have to readjust the
timeframe to determine when events
occurred. The Medical Center noted that
it is difficult for their providers to
schedule follow-up appointments for
patients who are seen in the middle to
late afternoon at their clinics in Hazen,
because the clinics in Bismarck and
Minot are already closed.
A large number of individuals
described the inconvenience of making
and attending medical appointments in
central time. Many medical procedures
are only offered in the larger medical
facilities in Bismarck. These
appointments are usually scheduled
first thing in the morning. Thus, the
Mercer County residents have to leave
very early in the morning to get to
appointments in central time. The
Administrator of the Knife River Care
Center, a long-term care facility in
Beulah, wrote that they frequently
transport residents to medical
appointments in Bismarck. Having to
leave so early in the morning makes it
harder for the resident, the van driver,
and the staff. The belief that medical
care would be much more convenient if
Mercer County switched to central time
was mentioned numerous times in both
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the public hearing comments and the
written comments.
Many people also described the strain
on family life that results from
constantly coping with two time zones.
They depicted households with two sets
of clocks set to different time zones to
accommodate the fact that the parents
work in central time while the children
attend school in mountain time. One
commenter illustrated how confusing it
is to make arrangements to see a high
school basketball game and have dinner
beforehand, when some of the family
works on central time and some on
mountain time. People wrote in to say
that they feel like they live in a
‘‘peninsula’’ or ‘‘pocket’’ of mountain
time and that their lives would be
simpler if they lived in the same time
zone as surrounding counties, the
counties on three sides of Mercer
County being on central time.
Comments in Favor of Mountain Time
About 100 comments from
individuals and businesses in Mercer
County expressed support for mountain
time. Comments voiced at the public
hearing and also mentioned in the
written submissions conveyed concern
about children going to school in the
dark. A high school teacher explained
that she does not want to walk to school
in the dark.
Several individuals said they found
living and working in different time
zones to be very convenient. Some said
that they enjoy finishing work in central
time and still having time to shop in
Mercer County where the businesses are
still open. They can go to the drug store,
the post office, and the banks after work.
Other comments stated that a switch to
central time would harm local
businesses, because they would no
longer offer the convenience of being
open after the workers on central time,
particularly those who work at the
power plants, finish the workday.
Additional commenters said that
working on central time and having
their children go to school on mountain
time allows them to be home when their
children get out of school and to attend
school events without missing work.
Several people enjoy that the evening
TV news comes on earlier in mountain
time than in central time. Some of the
comments noted that Mercer County
had been on mountain time throughout
its history, and that the inconveniences
of living on a time zone border (e.g.,
having two sets of clocks in the house)
were things people were used to and
could easily live with.
Many comments asserted that
mountain time is much preferred by the
farmers and ranchers. Farmers were said
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to enjoy the extra daylight in the
morning hours provided by mountain
time, because they can finish their
chores in time to attend evening events
or to order parts from suppliers.
Other Issues
Close to 50 written comments, most of
them anonymous, requested that the
matter be put to a vote, such as an
advisory referendum on the November
2010 ballot. As a Federal agency, DOT
has no authority to tell a county
whether or not to hold a referendum,
and it would be very inappropriate for
us to do so. In addition, even if Mercer
County were to hold a referendum on
the time zone issue, the outcome of the
vote would not necessarily be
determinative. Rather, the Department is
required to apply the statutory criteria
set forth in the Uniform Time Act.
Finally, several comments called for
an end to daylight saving time
observance in North Dakota. Under the
Uniform time Act, State governments
may decide to opt out of observing
daylight saving time for all of the
portion of a State in a given time zone.
This issue is therefore outside the scope
of this rulemaking. Those interested in
the daylight saving time issue should
explore the matter with their State
officials.
The Decision
After weighing all the material in the
record for this rulemaking, DOT has
decided to place all of Mercer County
on central time. We find that the
proposed change requested by the
County Commissioners suits ‘‘the
convenience of commerce.’’
We believe that the change to central
time will benefit the community in a
variety of ways. Many individuals and
businesses in Mercer County look to
areas in the central time zone for
commercial, health care, and
transportation services. The change will
improve access to medical care by
making it easier to attend appointments
in Bismarck. It will also simplify travel
arrangements for those using the
Bismarck airport. Employees of the coal
or electric power industry in Mercer
County, as well as those commuting to
Bismarck-Mandan for work, will be on
the same schedule at home and at work.
The change should aid commerce by
placing suppliers and businesses on the
same schedule, thus eliminating the
shortened workday that has arisen for
many businesses in Mercer County. In
addition, school children will no longer
have to miss extra instructional time
when they participate in extracurricular
activities. Mercer County will now be in
the same time zone as its main
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television broadcasts and newspapers.
Finally, having Mercer County on
central time should alleviate much of
the confusion and scheduling
complexity that have become a part of
many residents’ daily lives.
We understand that there are a
number of individuals who are satisfied
with mountain time and that this
change will not be an easy transition for
them. However, the Department is
required to apply the statutory criteria
set forth in the Uniform Time Act, and
the reasons advanced by proponents of
mountain time were fewer and
considerably less strong, with respect to
the ‘‘convenience of commerce’’ criteria,
than those made by persons favoring the
change.
This decision will go into effect on
November 7, 2010, at the same time that
North Dakota changes from daylight
saving time to standard time. Because
the time zone change and the change
from daylight saving time to standard
time will coincide, Mercer County
residents and organizations will not
have to change their clocks this fall.
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 their
activities. It imposes no direct costs. Its
impact is localized in nature, affecting
only the residents of, and people who
do business in, a single county. We
expect the economic impact of this final
rule to be so minimal that 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) will be affected by
setting their clocks differently than in
the past, the economic effects of doing
so would not be significant, and would
largely be economically favorable to
them. 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 final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’). This final rule
does not have a substantial direct effect
on, or sufficient federalism implications
for, the States, nor would it limit the
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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 having first provided the
funds to pay those costs. This rule does
not impose an unfunded mandate.
We have analyzed this rule under E.O.
13045, Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and does not concern an
environmental risk to health or risk to
safety as defined by the Executive Order
that may disproportionately affect
children.
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.
Consultation With Indian Tribal
Governments
Executive Order 13175 (65 FR 67249,
November 6, 2000) requires DOT to
have an accountable process to ensure
‘‘meaningful and timely input by Tribal
officials’’ in the development of rules
with Tribal implications. The Fort
Berthold Indian Reservation is located
in Mercer County. However, the
Reservation already observes central
time. This rule helps the Fort Berthold
Indian Reservation by placing the
surrounding areas in Mercer County in
the same time zone as the Reservation.
Furthermore, the representatives of the
Reservation did not comment on the
rule. This rule does not have substantial
direct effects on an Indian tribe, or on
the relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Therefore, this rule does not have Tribal
implications and does not preempt
Tribal law.
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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
Protection of Children
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Time zones.
Issued this 20th day of September, 2010, at
Washington, DC.
Ray LaHood,
Secretary of Transportation.
For reasons discussed in the
preamble, the Office of the Secretary
amends 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
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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
State Highway 31 to the State border
with South Dakota; thence east along
the southern boundary of Sioux County
in the middle of the Missouri River.
*
*
*
*
*
[FR Doc. 2010–24376 Filed 9–28–10; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 040205043–4043–01]
RIN 0648–XY48
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic;
Closure of the 2010–2011 Commercial
Sector for Black Sea Bass in the South
Atlantic
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS closes the commercial
sector for black sea bass in the exclusive
economic zone (EEZ) of the South
Atlantic. NMFS has determined that the
quota for the commercial sector for
black sea bass will have been reached by
October 7, 2010. This closure is
necessary to protect the black sea bass
resource.
DATES: Closure is effective 12:01 a.m.,
local time, October 7, 2010, through
12:01 a.m., local time, on June 1, 2011.
FOR FURTHER INFORMATION CONTACT:
Catherine Bruger, telephone 727–824–
5305, fax 727–824–5308, e-mail
Catherine.Bruger@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
erowe on DSK5CLS3C1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:30 Sep 28, 2010
Jkt 220001
Atlantic is managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622. Those regulations
set the commercial quota for black sea
bass in the South Atlantic at 309,000 lb
(140,160 kg) for the current fishing year,
June 1, 2010, through May 31, 2011, as
specified in 50 CFR 622.42(e)(5)(iii).
Black sea bass are managed
throughout their range. In the South
Atlantic EEZ, black sea bass are
managed by the Council from 35° 15.19′
N. lat., the latitude of Cape Hatteras
Light, North Carolina, south. From Cape
Hatteras Light, North Carolina, through
Maine, black sea bass are managed
jointly by the Mid-Atlantic Fishery
Management Council and the Atlantic
States Marine Fisheries Commission.
Therefore, the closure provisions
contained in this notice are applicable
to those vessels harvesting or possessing
black sea bass from Key West, Florida,
through Cape Hatteras Light, North
Carolina.
Under 50 CFR 622.43(a), NMFS is
required to close the commercial sector
for a species or species group when the
quota for that species or species group
is reached, or is projected to be reached,
by filing a notification to that effect with
the Office of the Federal Register. Based
on current statistics, NMFS has
determined that the available
commercial quota of 309,000 lb (140,160
kg) for black sea bass will be reached on
or before October 7, 2010. Accordingly,
NMFS is closing the commercial sector
for black sea bass in the South Atlantic
EEZ from 12:01 a.m., local time, on
October 7, 2010, through 12:01 a.m.,
local time, on June 1, 2011. The operator
of a vessel with a valid commercial
vessel permit for snapper-grouper
having black sea bass onboard must
have landed and bartered, traded, or
sold such black sea bass prior to 12:01
a.m., local time, October 7, 2010.
During the closure, the bag limit and
possession limits specified in 50 CFR
622.39(d)(1)(vii) and (d)(2), respectively,
apply to all harvest or possession of
black sea bass in or from the South
Atlantic EEZ, and the sale or purchase
of black sea bass taken from the EEZ is
prohibited. The prohibition on sale or
purchase does not apply to sale or
purchase of black sea bass that were
harvested, landed ashore, and sold prior
to 12:01 a.m., local time, October 7,
2010, and were held in cold storage by
PO 00000
Frm 00076
Fmt 4700
Sfmt 9990
a dealer or processor. For a person on
board a vessel for which a Federal
commercial or charter vessel/headboat
permit for the South Atlantic snappergrouper fishery has been issued, the sale
and purchase provisions of the
commercial closure for black sea bass
would apply regardless of whether the
fish are harvested in state or Federal
waters, as specified in 50 CFR
622.43(a)(5)(ii).
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds that the need to immediately
implement this action to close the
commercial sector to the harvest of
black sea bass constitutes good cause to
waive the requirements to provide prior
notice and opportunity for public
comment pursuant to the authority set
forth in 5 U.S.C. 553(b)(B), as such
procedures would be unnecessary and
contrary to the public interest. Such
procedures would be unnecessary
because the rule itself already has been
subject to notice and comment, and all
that remains is to notify the public of
the closure.
Allowing prior notice and
opportunity for public comment is
contrary to the public interest because
of the need to immediately implement
this action to protect the black sea bass
stock because the capacity of the fishing
fleet allows for rapid harvest of the
quota. Prior notice and opportunity for
public comment would require time and
would potentially result in a harvest
well in excess of the established quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
30–day delay in effectiveness of the
action under 5 U.S.C. 553(d)(3).
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 24, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–24450 Filed 9–24–10; 4:15 pm]
BILLING CODE 3510–22–S
E:\FR\FM\29SER1.SGM
29SER1
]]>Agencies
[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Rules and Regulations]
[Pages 60004-60008]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24376]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 71
[OST Docket No. OST-2010-0046]
Relocation of Standard Time Zone Boundary in the State of North
Dakota: Mercer County
AGENCY: Office of the Secretary, Department of Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DOT is moving all of Mercer County, North Dakota to the
central time zone. Prior to this action, all of Mercer County was
located in the mountain time zone. This action is taken in response to
a petition filed by the Board of County Commissioners for Mercer County
and is based on comments made at a public hearing and filed in the
docket.
DATES: Effective Date: This final rule will be effective November 7,
2010.
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:
Background
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 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 1,038. However, a
majority of written comments to the Department's docket, and much of
the sentiment of persons attending a public hearing, 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 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
[[Page 60005]]
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 Petition for Rulemaking
In October 2009, the Board of Commissioners for Mercer County,
North Dakota, petitioned the Secretary of Transportation to move Mercer
County from the mountain time zone to the central time zone. The 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 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 from 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.
Public Comments
On March 3, 2010, the Department published a notice of proposed
rulemaking (75 FR 9568) announcing the proposed change and inviting
public comment. A DOT representative conducted a public hearing in
Hazen, North Dakota on May 14, 2010. At the meeting, 14 persons spoke
in favor of switching to central time and five spoke in favor of
remaining in mountain time.
Over 400 written comments were submitted to the docket. These
submissions included many detailed letters, a number of anonymous
comments, and some brief statements simply expressing a preference for
either mountain or central time. The submissions came from individuals,
businesses, medical service providers, local Chambers of Commerce, and
school districts. We appreciate the time and effort of the people who
expressed their opinion at the public meeting and through written
comments, providing the Department with the factual basis upon which to
make a decision.
Comments in Support of Central Time
Approximately 250 comments, including written submissions and those
comments made at the hearing, favored a switch to central time. Our
decision, however, is not based on the number of comments supporting a
particular time zone. As discussed above, the decision is based on the
statutory ``convenience of commerce'' standard and the comments help us
to make the decision by providing factual information regarding the
impact of a time zone change on a community. The comments supporting a
move to central time addressed five impacted areas that would be
improved by a change of time zones: (1) Transportation, (2) business,
(3) schools and other public agencies, (4) health care, and (5) family
life.
In the area of transportation, many submissions noted that the
closest transportation hub is Bismarck, which is on central time.
Numerous individuals explained that catching a morning flight out of
Bismarck is inconvenient, because they either have to get up very early
in the morning to account for the one hour time difference, or pay to
spend the night before their flight in a hotel.
The docket included abundant comments focusing on the impact of a
time zone switch on businesses in Mercer County. Most of the power
plants and mines, which are major employers in Mercer County, already
run on central time. The manager of Coyote electric generating plant
expressed how confusing it is to be located in mountain time, but
operating on central time.
From the comments submitted, it appears that the majority of the
county's businesses have their suppliers and customers in central time
and believe that moving Mercer County to central time would serve the
convenience of commerce. Many people explained that because their
businesses primarily conduct transactions with entities located in
central time, they lose valuable work time every day--at least an hour
in the morning, an hour at lunch time, and an hour at the end of the
day. The manager of the Beulah Motor Vehicle Branch Office wrote that
all their office support comes from the State office in Bismarck, and
they therefore lose three hours a day of contact with key support
functions. The President of Dakota Helicopters, Inc. explained that
they are in a ``constant battle'' to complete their daily activities
with their vendors in a shortened time span, because the vendors are
all on central time. Other comments focused on the ongoing struggle
businesses face to schedule meetings, teleconferences, and seminars
with businesses located in central time.
Being on mountain time also adversely affects the quality of
services that businesses in Mercer County provide, commenters asserted.
A submission from the secretary and treasurer of Knife River Indian
Heritage Foundation portrayed how frequently tourists get confused
about the time and arrive too early or too late for events at the
Foundation. The owner of Beulah Drug Company explained that all of
their suppliers and technical support are located on central or eastern
time; on many occasions they have needed a service or product, but have
had to wait an extra day because the supplier was already closed. The
Beulah Public Library is one of only two libraries in a 25-member
consortium that is on mountain time, which creates scheduling issues.
The Library also believes that switching to central time would allow
them to better serve their patrons, because their hours would coincide
with the area power plants and mines. Moreover, several business owners
suggested that they would have an easier time recruiting employees who
live in central time if Mercer County switched to central time.
The Mercer County time zone also has a major impact on the schools.
The Center-Stanton Public School Board, the Beulah Board of Education,
and the Hazen Public School Board all submitted comments favoring a
switch to central time. The Center-Stanton school district is currently
divided, with half of the district on central time and half on mountain
time. The Superintendent explained how this makes scheduling meetings
difficult,
[[Page 60006]]
and it also requires the students residing in Stanton to wake up very
early in the morning to be ready for the bus.
The Beulah School Board said that in the 2008-2009 school year
school athletic teams participated in 180 varsity-level extracurricular
contests, with 119 of those in central time. The comment explained that
the students leaving school early for these events lose an hour of
instruction more than they would if Mercer County were on central time.
The Hazen School Board, as well as many parents of children in Mercer
County schools, also expressed concern over the lost educational time.
An added difficulty relates to the present trend of schools in North
Dakota to move to distance education; the different time zones make the
coordination of distance education cumbersome.
A recurrent theme in the comments was that mountain time negatively
impacts health care for Mercer County residents. A number of health
care providers submitted comments to the docket addressing the
operational issues that arise from the time zone difference. Some of
the issues mentioned were that communications with health care
facilities in Bismarck are more difficult to schedule, that patients
often miss appointments because of the time difference, and that it is
confusing for physicians in Bismarck to review charts of patients seen
in Mercer County because they have to readjust the timeframe to
determine when events occurred. The Medical Center noted that it is
difficult for their providers to schedule follow-up appointments for
patients who are seen in the middle to late afternoon at their clinics
in Hazen, because the clinics in Bismarck and Minot are already closed.
A large number of individuals described the inconvenience of making
and attending medical appointments in central time. Many medical
procedures are only offered in the larger medical facilities in
Bismarck. These appointments are usually scheduled first thing in the
morning. Thus, the Mercer County residents have to leave very early in
the morning to get to appointments in central time. The Administrator
of the Knife River Care Center, a long-term care facility in Beulah,
wrote that they frequently transport residents to medical appointments
in Bismarck. Having to leave so early in the morning makes it harder
for the resident, the van driver, and the staff. The belief that
medical care would be much more convenient if Mercer County switched to
central time was mentioned numerous times in both the public hearing
comments and the written comments.
Many people also described the strain on family life that results
from constantly coping with two time zones. They depicted households
with two sets of clocks set to different time zones to accommodate the
fact that the parents work in central time while the children attend
school in mountain time. One commenter illustrated how confusing it is
to make arrangements to see a high school basketball game and have
dinner beforehand, when some of the family works on central time and
some on mountain time. People wrote in to say that they feel like they
live in a ``peninsula'' or ``pocket'' of mountain time and that their
lives would be simpler if they lived in the same time zone as
surrounding counties, the counties on three sides of Mercer County
being on central time.
Comments in Favor of Mountain Time
About 100 comments from individuals and businesses in Mercer County
expressed support for mountain time. Comments voiced at the public
hearing and also mentioned in the written submissions conveyed concern
about children going to school in the dark. A high school teacher
explained that she does not want to walk to school in the dark.
Several individuals said they found living and working in different
time zones to be very convenient. Some said that they enjoy finishing
work in central time and still having time to shop in Mercer County
where the businesses are still open. They can go to the drug store, the
post office, and the banks after work. Other comments stated that a
switch to central time would harm local businesses, because they would
no longer offer the convenience of being open after the workers on
central time, particularly those who work at the power plants, finish
the workday. Additional commenters said that working on central time
and having their children go to school on mountain time allows them to
be home when their children get out of school and to attend school
events without missing work. Several people enjoy that the evening TV
news comes on earlier in mountain time than in central time. Some of
the comments noted that Mercer County had been on mountain time
throughout its history, and that the inconveniences of living on a time
zone border (e.g., having two sets of clocks in the house) were things
people were used to and could easily live with.
Many comments asserted that mountain time is much preferred by the
farmers and ranchers. Farmers were said to enjoy the extra daylight in
the morning hours provided by mountain time, because they can finish
their chores in time to attend evening events or to order parts from
suppliers.
Other Issues
Close to 50 written comments, most of them anonymous, requested
that the matter be put to a vote, such as an advisory referendum on the
November 2010 ballot. As a Federal agency, DOT has no authority to tell
a county whether or not to hold a referendum, and it would be very
inappropriate for us to do so. In addition, even if Mercer County were
to hold a referendum on the time zone issue, the outcome of the vote
would not necessarily be determinative. Rather, the Department is
required to apply the statutory criteria set forth in the Uniform Time
Act.
Finally, several comments called for an end to daylight saving time
observance in North Dakota. Under the Uniform time Act, State
governments may decide to opt out of observing daylight saving time for
all of the portion of a State in a given time zone. This issue is
therefore outside the scope of this rulemaking. Those interested in the
daylight saving time issue should explore the matter with their State
officials.
The Decision
After weighing all the material in the record for this rulemaking,
DOT has decided to place all of Mercer County on central time. We find
that the proposed change requested by the County Commissioners suits
``the convenience of commerce.''
We believe that the change to central time will benefit the
community in a variety of ways. Many individuals and businesses in
Mercer County look to areas in the central time zone for commercial,
health care, and transportation services. The change will improve
access to medical care by making it easier to attend appointments in
Bismarck. It will also simplify travel arrangements for those using the
Bismarck airport. Employees of the coal or electric power industry in
Mercer County, as well as those commuting to Bismarck-Mandan for work,
will be on the same schedule at home and at work. The change should aid
commerce by placing suppliers and businesses on the same schedule, thus
eliminating the shortened workday that has arisen for many businesses
in Mercer County. In addition, school children will no longer have to
miss extra instructional time when they participate in extracurricular
activities. Mercer County will now be in the same time zone as its main
[[Page 60007]]
television broadcasts and newspapers. Finally, having Mercer County on
central time should alleviate much of the confusion and scheduling
complexity that have become a part of many residents' daily lives.
We understand that there are a number of individuals who are
satisfied with mountain time and that this change will not be an easy
transition for them. However, the Department is required to apply the
statutory criteria set forth in the Uniform Time Act, and the reasons
advanced by proponents of mountain time were fewer and considerably
less strong, with respect to the ``convenience of commerce'' criteria,
than those made by persons favoring the change.
This decision will go into effect on November 7, 2010, at the same
time that North Dakota changes from daylight saving time to standard
time. Because the time zone change and the change from daylight saving
time to standard time will coincide, Mercer County residents and
organizations will not have to change their clocks this fall.
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 their activities.
It imposes no direct costs. Its impact is localized in nature,
affecting only the residents of, and people who do business in, a
single county. We expect the economic impact of this final rule to be
so minimal that 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) will be affected by setting their clocks differently than in
the past, the economic effects of doing so would not be significant,
and would largely be economically favorable to them. Therefore, the
Department certifies that the rule would not have a significant
economic impact on a substantial number of small entities.
Federalism
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule does not have a substantial direct effect on, or sufficient
federalism implications for, the States, nor would it limit the
policymaking discretion of the States. Therefore, the consultation
requirements of Executive Order 13132 do not apply.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and
E.O. 12875, Enhancing the Intergovernmental Partnership (58 FR 58093;
October 28, 1993), govern the issuance of Federal regulations that
impose unfunded mandates. An unfunded mandate is a regulation that
requires a State, local, or Tribal government, or the private sector to
incur direct costs without the Federal Government having first provided
the funds to pay those costs. This rule does not impose an unfunded
mandate.
Protection of Children
We have analyzed this rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not concern an environmental
risk to health or risk to safety as defined by the Executive Order that
may disproportionately affect children.
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.
Consultation With Indian Tribal Governments
Executive Order 13175 (65 FR 67249, November 6, 2000) requires DOT
to have an accountable process to ensure ``meaningful and timely input
by Tribal officials'' in the development of rules with Tribal
implications. The Fort Berthold Indian Reservation is located in Mercer
County. However, the Reservation already observes central time. This
rule helps the Fort Berthold Indian Reservation by placing the
surrounding areas in Mercer County in the same time zone as the
Reservation. Furthermore, the representatives of the Reservation did
not comment on the rule. This rule does not have substantial direct
effects on an Indian tribe, or on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Therefore, this rule does not have Tribal implications and does not
preempt Tribal law.
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.
Issued this 20th day of September, 2010, at Washington, DC.
Ray LaHood,
Secretary of Transportation.
0
For reasons discussed in the preamble, the Office of the Secretary
amends Title 49 of the Code of Federal Regulations, Part 71, as
follows:
PART 71--STANDARD TIME ZONE BOUNDARIES
0
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.
0
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
[[Page 60008]]
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 State Highway 31 to the State border with South Dakota;
thence east along the southern boundary of Sioux County in the middle
of the Missouri River.
* * * * *
[FR Doc. 2010-24376 Filed 9-28-10; 8:45 am]
BILLING CODE 4910-9X-P
