60004 Federal Register/Vol. 75, No. 188/Wednesday, September 29, 2010/Rules and Regulations
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60004 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations Authority: 46 U.S.C. 2103, 3306, 3703 and DEPARTMENT OF TRANSPORTATION the Board of Commissioners of Oliver 4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 County (which is adjacent to Mercer Comp., p. 277; 49 CFR 1.46. Office of the Secretary County), the Department moved that county into the central time zone. The § 160.151–57 [Amended] 49 CFR Part 71 Department took similar action with ■ 58. Amend § 160.151–57(b)(8) by [OST Docket No. OST–2010–0046] respect to Morton County and a portion removing the word ‘‘Transponder’’ and of Sioux County in 2003. adding, in its place, the word Relocation of Standard Time Zone In 2000–2003, the Department ‘‘Transmitter’’. Boundary in the State of North Dakota: considered a petition from the Mercer Mercer County County Commission to move the county PART 177—CONSTRUCTION AND to the central time zone. The proposal ARRANGEMENT AGENCY: Office of the Secretary, was controversial in the county. A 2000 Department of Transportation (DOT). referendum favored changing to central ■ 59. The authority citation for part 177 ACTION: Final rule. time by a vote of 1,180 to 1,038. However, a majority of written continues to read as follows: SUMMARY: DOT is moving all of Mercer comments to the Department’s docket, Authority: 46 U.S.C. 2103, 3306; E.O. County, North Dakota to the central time and much of the sentiment of persons 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. zone. Prior to this action, all of Mercer attending a public hearing, favored 277; Department of Homeland Security County was located in the mountain keeping the county in the mountain Delegation No. 0170.1. time zone. This action is taken in time zone. After considering the response to a petition filed by the Board comments, and while acknowledging § 177.820 [Amended] of County Commissioners for Mercer the reasons supporting a change, the ■ 60. Amend § 177.820 in paragraphs County and is based on comments made Department decided to deny the petition (d)(1) and (2) by removing the words at a public hearing and filed in the (68 FR 53082; September 9, 2003). The ‘‘3.8 meters’’ and adding, in their places, docket. Department’s decision noted that the the words ‘‘4.572 meters’’. DATES: Effective Date: This final rule Commission was free to file a new will be effective November 7, 2010. petition on the subject in the future. In PART 184—VESSEL CONTROL AND FOR FURTHER INFORMATION CONTACT: a petition dated October 9, 2009, Mr. MISCELLANEOUS SYSTEMS AND Robert C. Ashby, Deputy Assistant Lyle L. Latimer, Chairman of Mercer EQUIPMENT General Counsel for Regulation and County Board of County Enforcement, U.S. Department of Commissioners, asked the Department ■ 61. The authority citation for part 184 Transportation, Room W94–302, 1200 to move the county from the mountain continues to read as follows: New Jersey Avenue, SE., Washington, time zone to the central time zone. Under the Uniform Time Act, the DC 20590, (202) 366–9310, Authority: 46 U.S.C. 2103, 3306; E.O. Secretary of Transportation has [email protected]. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. authority to issue regulations modifying 277; Department of Homeland Security SUPPLEMENTARY INFORMATION: the boundaries between time zones in Delegation No. 0170.1. Background the United States in order to move an area from one time zone to another. The § 184.510 [Amended] For more than a century, time zone standard in the statute for such ■ 62. Amend § 184.510(a)(7) by boundaries in North Dakota have had an decisions is ‘‘regard for the convenience removing the words ‘‘LORAN interesting and varied history. of commerce and the existing junction coordinates,’’. Beginning in 1883, mountain time was points and division points of common observed in the southwest portion of the carriers engaged in interstate or foreign PART 401—GREAT LAKES PILOTAGE State and a few locations in the commerce.’’ The principal standard for REGULATIONS northwest, with central time being used deciding whether to change a time zone elsewhere. In 1929, the Interstate is defined very broadly to include ■ 63. The authority citation for part 401 Commerce Commission (ICC), which consideration of all the impacts upon a then had jurisdiction over time zone continues to read as follows: community of a change in its standard boundaries, extended central time to of time. DOT has developed a series of Authority: 46 U.S.C. 2104(a), 6101, 7701, cover all but a cluster of counties in the questions to assist communities and us 8105, 9303, 9304; Department of Homeland southwest corner of the State. Congress in determining the impact of a time Security Delegation No. 0170.1; 46 CFR transferred the ICC’s time zone zone change on the ‘‘convenience of 401.105 also issued under the authority of 44 boundary powers to the Department of commerce.’’ The Department considers U.S.C. 3507. Transportation (DOT) in 1967. DOT information bearing on these questions § 401.110 [Amended] exercises these powers under the in making its decision on a proposed provisions of the Uniform Time Act of time zone change. ■ 64. Amend § 401.110(a)(9) by 1966 (15 U.S.C. 260–64). 1. From where do businesses in the removing the text ‘‘CG–54122’’ and The Department has exercised its community get their supplies, and to adding, in its place, the text ‘‘CG–5522’’. authority under this statute in several where do they ship their goods or proceedings affecting North Dakota. In Dated: September 17, 2010. products? 1968, in response to a petition from the 2. From where does the community Sandra Selman, Governor of North Dakota, the receive television and radio broadcasts? Acting Chief, Office of Regulations and Department placed 14 counties lying 3. Where are the newspapers Administrative Law, United States Coast south and west of the Missouri River published that serve the community? Guard. into mountain time. The change was 4. From where does the community [FR Doc. 2010–23766 Filed 9–28–10; 8:45 am] made to accommodate the historical get its bus and passenger rail services; BILLING CODE 9110–04–P pattern of time observance in the State. if there is no scheduled bus or passenger In 1992, in response to a petition from rail service in the community, to where VerDate Mar<15>2010 14:30 Sep 28, 2010 Jkt 220001 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 E:\FR\FM\29SER1.SGM 29SER1 erowe on DSK5CLS3C1PROD with RULES Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 60005 must residents go to obtain these rulemaking (75 FR 9568) announcing businesses have their suppliers and services? the proposed change and inviting public customers in central time and believe 5. Where is the nearest airport; if it is comment. A DOT representative that moving Mercer County to central a local service airport, to what major conducted a public hearing in Hazen, time would serve the convenience of airport does it carry passengers? North Dakota on May 14, 2010. At the commerce. Many people explained that 6. What percentage of residents of the meeting, 14 persons spoke in favor of because their businesses primarily community work outside the switching to central time and five spoke conduct transactions with entities community; where do these residents in favor of remaining in mountain time. located in central time, they lose work? Over 400 written comments were valuable work time every day—at least 7. What are the major elements of the submitted to the docket. These an hour in the morning, an hour at community’s economy; is the submissions included many detailed lunch time, and an hour at the end of community’s economy improving or letters, a number of anonymous the day. The manager of the Beulah declining; what Federal, State or local comments, and some brief statements Motor Vehicle Branch Office wrote that plans, if any, are there for economic simply expressing a preference for all their office support comes from the development in the community? either mountain or central time. The State office in Bismarck, and they 8. If residents leave the community submissions came from individuals, therefore lose three hours a day of for schooling, recreation, health care, or businesses, medical service providers, contact with key support functions. The religious worship, what standard of time local Chambers of Commerce, and President of Dakota Helicopters, Inc. is observed in the places where they go school districts. We appreciate the time explained that they are in a ‘‘constant for these purposes? and effort of the people who expressed battle’’ to complete their daily activities their opinion at the public meeting and with their vendors in a shortened time The Petition for Rulemaking through written comments, providing span, because the vendors are all on In October 2009, the Board of the Department with the factual basis central time. Other comments focused Commissioners for Mercer County, upon which to make a decision. on the ongoing struggle businesses face North Dakota, petitioned the Secretary Comments in Support of Central Time to schedule meetings, teleconferences, of Transportation to move Mercer and seminars with businesses located in County from the mountain time zone to Approximately 250 comments, central time. the central time zone. The Mercer including written submissions and Being on mountain time also County petition stated several reasons those comments made at the hearing, adversely affects the quality of services for the request, outlining the favored a switch to central time. Our that businesses in Mercer County Commission’s view of why the change decision, however, is not based on the provide, commenters asserted.