[Federal Register Volume 64, Number 203 (Thursday, October 21, 1999)]
[Rules and Regulations]
[Pages 56705-56707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27240]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 71
[OST Docket No. OST-99-5843]
RIN 2105-AC80
Relocation of Standard Time Zone Boundary in the State of Nevada
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule.
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SUMMARY: The Department of Transportation (DOT) is relocating the City
of West Wendover, Nevada, from the Pacific Time Zone to the Mountain
Time Zone. This action is taken in response to a petition by the Mayor
of West Wendover. The action is designed to facilitate commerce and
reduce confusion.
DATES: This rule is effective at 2:00 a.m. PDT, Sunday, October 31,
1999.
FOR FURTHER INFORMATION CONTACT: Joanne Petrie, Office of the Assistant
General Counsel for Regulation and Enforcement, U.S. Department of
Transportation, Room 10424, 400 Seventh Street, S.W., Washington, DC
20590, (202) 366-9315; email address: joanne.petrie@ost.dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Under the Standard Time Act of 1918, as amended by the Uniform Time
Act of 1966 (15 U.S.C. 260-64), the Secretary of Transportation has
authority to issue regulations modifying the boundaries between time
zones in the United States in order to move an area from one time zone
to another. The standard in the statute for such decisions is ``regard
for the convenience of commerce and the existing junction points and
division points for common carriers engaged in interstate or foreign
commerce.''
Petition for Rulemaking
On January 8, 1999, Walter F. Sanders, Mayor of the City of West
[[Page 56706]]
Wendover, Nevada sent a letter to the Department of Transportation
petitioning the Department to change the city from the Pacific Time
Zone to the Mountain Time Zone. The letter noted the following facts in
support of the petition.
1. West Wendover is located on the border of Utah and Nevada and is
directly adjacent to the City of Wendover, Utah, which is in the
Mountain Time Zone.
2. It is more than one hundred miles to the nearest city.
3. Businesses in West Wendover make most of their purchases from
Salt Lake City, which is in the Mountain Time Zone.
4. The city receives all of its television and radio broadcasts
from Salt Lake City. Due to mountain ranges west of West Wendover,
radio broadcasts cannot be received from the Nevada area.
5. West Wendover has one weekly local newspaper, which is printed
in Salt Lake City.
6. The City of West Wendover currently has no passenger rail
service. The nearest public rail service is located in either Salt Lake
City, Utah or Elko, Nevada. Both cities are more than one-hundred miles
from West Wendover.
7. Greyhound buses travel through West Wendover on an east/west
run, but only stop in Wendover, Utah.
8. Wendover, Utah, has a small airport, which is limited to mostly
small private aircraft and which receives no commercial air service.
Tooele County, Utah, which is on Mountain time, is in the process of
renovating its airport. The closest major airport is Salt Lake City
International Airport.
9. A small percentage of West Wendover's working population resides
outside the City limits. The majority of employed residents work in the
gaming/tourism industry.
10. Medical services are currently provided by a local medical
clinic. The facility is owned by the City of West Wendover, which in
turn has leased the facility to the University of Utah--Medical
Facility. This agreement provided the opportunity for expanded medical
services to the community. Most residents of West Wendover travel to
Salt Lake City for major and routine health care.
11. Secondary education is offered in Salt Lake City, Utah and
Elko, Nevada.
12. West Wendover is in the process of expanding its recreation
facilities. These recreational services are designed to accommodate
people from the Wastach Front area, which is on Mountain time.
13. West Wendover's residents must travel to Salt Lake City or Elko
in order to obtain a greater variety of services, shopping, and
recreation.
14. The City of West Wendover is trying to purchase Air Force
property adjacent to the Tooele County Airport. This purchase is
expected to provide opportunities to establish a more diversified
economy within the Wendover/West Wendover community.
15. Historically, West Wendover has always operated on Mountain
time. Prior to the 1980s, there was no reason to do otherwise because
there was literally nothing to the town fifty yards past the state
line. When West Wendover began to ``boom,'' the town tried to operate
by Pacific time. According to the Mayor, this action created mass
confusion for both residents and those outside the community.
16. The Mayor stated that by allowing West Wendover to formally
move into the Mountain Time Zone, commerce within the Wendover/West
Wendover community would be facilitated and confusion would be
eliminated.
On July 26, 1999, the DOT published a notice of proposed rulemaking
in the Federal Register (64 FR 40331) that would move West Wendover to
the Mountain Time Zone. On August 10, 1999, the DOT held a public
hearing at the West Wendover Library to take questions and comments on
the proposed change. The hearing was attended by approximately twelve
people plus the City Council. All but one of those testifying favored
the change. The individual in favor of Pacific time did not elaborate
on her reasons for her position. Those in favor focused on the
practicality of observing Mountain time based on the geography of the
area. The City is located on the State line and adjacent to Wendover,
Utah. The nearest towns are over 100 miles away. Most of the commerce
takes place to the east. The economy of the community, especially its
plans for future expansion, are tied to the Mountain Time Zone. The
City has always observed Mountain time and it would be a hardship to
now enforce Pacific time.
One written comment strongly supporting Mountain time was filed in
the docket by Viola S. Troyan. Among other things, Ms. Troyan noted her
belief that 99 percent of the people in West Wendover ``think Mountain
time.''
Finding
We find that, based on the Mayor's petition, testimony presented at
the hearing and the comment filed in the docket, there is good cause to
place West Wendover, Nevada in the Mountain Time Zone. The change is
effective at 2:00 a.m. PDT, Sunday, October 31, 1999. Because the
community is already unofficially observing Mountain time, we find good
cause to make this rule effective on less than 30 days notice.
Impact on Observance of Daylight Saving Time
This time zone change does not affect the observance of daylight
saving time. Under the Uniform Time Act of 1966, as amended, the
standard time of each time zone in the United States is advanced one
hour from 2:00 a.m. on the first Sunday in April until 2:00 a.m. on the
last Sunday in October, except in any State that has, by law, exempted
itself from this observance.
Regulatory Analysis and Notices
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that Order. It
has not been reviewed by the Office of Management and Budget under that
Order. It is not ``significant'' under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979.) We expect the economic impact of this rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary. The rule
primarily affects the convenience of individuals in scheduling
activities. By itself, it imposes no direct costs. Its impact is
localized in nature.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small business, not-for-profit organizations that
are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. This rule primarily affects individuals and their scheduling of
activities. Although it will affect some small businesses, not-for-
profits, and the City of West Wendover, it will not be a substantial
number. In addition, the change should have little, if any, economic
impact. I, therefore, certify under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
[[Page 56707]]
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this rule under Executive Order 12612 and have
determined that this rule does not have sufficient implications for
federalism to warrant the preparation of a Federalism Assessment.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and
Executive Order 12875, enhancing the Intergovernmental Partnership, (58
FR 58093; October 28, 1993) govern the issuance of Federal regulations
that require 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 rule does not impose
an unfunded mandate.
Taking of Private Property
This rule does not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protect Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
This rule is not a major Federal action significantly affecting the
quality of the human environment under the National Environmental
Policy Act and, therefore, an environmental impact statement is not
required.
List of Subjects in 49 CFR Part 71
Time.
For the reasons discussed above, the Office of the Secretary is
amending Title 49 Part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for part 71 continues to read:
Authority: Secs. 1-4, 40 Stat. 450, as amended; sec. 1, 41 Stat.
1446, as amended; secs. 2-7, 80 Stat. 107, as amended; 100 Stat.
764; Act of Mar. 19, 1918, as amended by the Uniform Time Act of
1966 and Pub. L. 97-449, 15 U.S.C. 260-267; Pub. L. 99-359; 49 CFR
159(a), unless otherwise noted.
2. In Sec. 71.9, revise paragraph (b) to read as follows:
Sec. 71.9 Boundary line between mountain and Pacific zones.
* * * * *
(b) Utah-Nevada-Arizona-California. From the northeast corner of
the State of Nevada southerly along the Utah-Nevada boundary to the
junction with the northern border of the City of West Wendover, Nevada.
Then westward along the northern, western, and southern boundaries of
the City of West Wendover back to the Utah-Nevada boundary. Then
southerly along the Utah-Nevada boundary, the Nevada-Arizona boundary,
and the Arizona-California boundary to the boundary between the United
States and Mexico.
* * * * *
Issued in Washington, DC. on October 12, 1999.
Rodney E. Slater,
Secretary.
[FR Doc. 99-27240 Filed 10-20-99; 8:45 am]
BILLING CODE 4910-62-P
