Standard Time Zone Boundary in the State of Nevada: Proposed Relocation

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,

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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: [email protected].

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.

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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