[Federal Register Volume 64, Number 142 (Monday, July 26, 1999)]
[Proposed Rules]
[Pages 40331-40333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19041]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 71
[OST Docket No. OST-99-5947]
RIN 2105-AC82
Standard Time Zone Boundary in the State of Nevada: Proposed
Relocation
AGENCY: Office of the Secretary, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: At the request of the City of West Wendover, Nevada, DOT
proposes to relocate the boundary between Pacific time and mountain
time in the State of Nevada. DOT proposes to relocate the boundary in
order to move West Wendover, Nevada from the Pacific Time Zone to the
Mountain Time Zone.
DATES: Comments should be received by September 24, 1999 to be assured
of consideration. Comments received after that date will be considered
to the extent practicable. If the time zone boundary is changed as a
result of this rulemaking, the effective date would be 2:00 a.m. PDT
Sunday, October 31, 1999.
ADDRESSES: You may submit your comments and related material by one of
the following methods:
(1) By mail to the Docket Management Facility (OST-1999-5947), U.S.
Department of Transportation, room PL-401, 400 Seventh Street SW.,
Washington, DC 20590-0001.
(2) By hand delivery to room PL-401 on the Plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(3) By fax to Docket Management Facility at 202-493-2251.
(4) Electronically through the Web Site for the Docket Management
System at http://dms.dot.gov.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at room PL-401 on the Plaza level of the Nassif Building at the
same address between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. You may also find this docket on the Internet at
http://dms.dot.gov.
For questions on viewing or submitting material to the docket, call
Dorothy Walker, Chief, Dockets,
[[Page 40332]]
Department of Transportation, telephone 202-366-9329.
Public Hearing: A public hearing will be chaired by a
representative of DOT at the West Wendover Library, Pilot Peak Room,
590 Camper Drive, West Wendover, Nevada, on Tuesday, August 10, 1999,
at 6:00 p.m. MDT/5:00 p.m. PDT. The hearing will be informal and will
be tape recorded for inclusion in the docket. Persons who desire to
express opinions or ask questions at the hearings do not have to sign
up in advance or give any prior notification. To the greatest extent
practicable, the DOT representative will provide an opportunity to
speak for all those wishing to do so.
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, Washington, D.C. 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 of common carriers engaged in interstate or foreign
commerce.''
Petition for Rulemaking
On January 8, 1999, Mayor Walter F. Sanders, Mayor of the City of
West Wendover, Nevada sent a letter to the Department of Transportation
asking 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 its 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.
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.
Under DOT procedures 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.
DOT has determined that the petition from the City of West Wendover
makes a prima facie case that warrants opening a proceeding to
determine whether the change should be made. Consequently, in this
notice of proposed rulemaking, DOT is proposing to make the requested
change and is inviting public comment.
Although the City of West Wendover has submitted sufficient
information to begin the rulemaking process, the decision whether
actually to make the change will be based upon information received at
the hearing or submitted in writing to the docket. Persons supporting
or opposing the change should not assume that the change will be made
merely because DOT is making the proposal. We are not bound either to
accept or reject the proposal of the City of West Wendover at the
present time in the proceeding. The Department here issues no opinion
on the merits of the City's request. Our decision will be made on the
basis of information developed during the rulemaking proceeding.
Impact on Observance of Daylight Saving Time
This time zone proposal does not directly 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 & Notices
This proposed 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
proposed rule to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
[[Page 40333]]
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 businesses, 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 proposal, if adopted, would primarily affect individuals
and their scheduling of activities. Although it would effect some small
businesses, not-for-profits and, the City of West Wendover, it would
not be a substantial number. In addition, the change should have
little, if any, economic impact.
Therefore, the Office of the Secretary certifies under 5 U.S.C.
605(b) that this proposed rule would not have a significant economic
impact on a substantial number of small entities. If you think that
your business, organization, or governmental jurisdiction qualifies as
a small entity and that this rule would have a significant economic
impact on it, please submit a comment to the Docket Management Facility
at the address under ADDRESSES. In your comment, explain why you think
it qualifies and how and to what degree this rule would economically
affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call Joanne Petrie at (202) 366-9315.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this proposed rule under E.O. 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
E.O. 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 proposed rule would not
impose an unfunded mandate.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed 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 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.
List of Subjects in 49 CFR Part 71
Time zones.
For the reasons discussed above, the Office of the Secretary
proposes to amend Title 49 Part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for Part 71 would continue 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; 49 CFR
159(a), unless otherwise noted.
2. In Sec. 71.9 paragraph (b) would be revised to read as follows:
Sec. 71.9 Boundary line between mountain and Pacific zones.
(a) * * *
(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, Utah.
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 on July 12, 1999, under authority delegated
in 49 CFR Sec. 1.57(a).
Rosalind Knapp,
Acting General Counsel.
[FR Doc. 99-19041 Filed 7-23-99; 8:45 am]
BILLING CODE 4910-62-P
