Federal Register / Vol. 68, No. 208 / Tuesday, October 28, 2003 / Rules and Regulations 61371

long-term benefits. We address DEPARTMENT OF TRANSPORTATION adopted by the South Dakota Senate on mitigation of fire hazards as part of the February 3, 2003, and concurred in by State’s comprehensive Mitigation Plan, Office of the Secretary the South Dakota House of described in 44 CFR part 201. Representatives on February 7, 2003. * * * * * 49 CFR Part 71 The resolution noted, among other [Docket No. OST–2003–15858] things, that the vast majority of ■ 5. Revise § 204.51(d)(2) to read as residents of those counties observe follows: RIN 2105–AD30 central standard time, instead of mountain standard time, because their § 204.51 Application and approval Standard Time Zone Boundary in the commercial and social ties are to procedures for a fire management State of South Dakota: Relocation of assistance grant. communities located in the central time Jones, Mellette, and Todd Counties zone. It further stated that there would * * * * * AGENCY: Office of the Secretary (OST), be much less confusion and that it (d) * * * Department of Transportation (DOT). would be much more convenient for the (2) Hazard Mitigation Plan. As a ACTION: Final rule. commerce of these counties if these requirement of receiving funding under counties were located in the central a fire management assistance grant, a SUMMARY: In response to a concurrent time zone. A copy of the resolution has State, or tribal organization, acting as resolution of the South Dakota been placed in the docket. Grantee, must: legislature, DOT is relocating the Procedure for Changing a Time Zone boundary between mountain time and (i) Develop a Mitigation Plan in Boundary central time in the State of South accordance with 44 CFR part 201 that Dakota. DOT is placing all of Jones, Under DOT procedures to change a addresses wildfire risks and mitigation Mellette, and Todd Counties in the time zone boundary, the Department measures; or central time zone. will generally begin a rulemaking (ii) Incorporate wildfire mitigation EFFECTIVE DATE: 2 a.m. MDT Sunday, proceeding if the highest elected into the existing Mitigation Plan October 26, 2003, which is the officials in the area make a prima facie developed and approved under 44 CFR changeover from daylight saving to case for the proposed change. DOT part 201 that also addresses wildfire risk standard time. determined that the concurrent resolution of the South Dakota and contains a wildfire mitigation FOR FURTHER INFORMATION CONTACT: legislature made a prima facie case that strategy and related mitigation Joanne Petrie, Office of the Assistant initiatives. warranted opening a proceeding to General Counsel for Regulation and determine whether the change should PART 206—FEDERAL DISASTER Enforcement, U.S. Department of be made. On August 11, 2003, DOT ASSISTANCE FOR DISASTERS Transportation, Room 10424, 400 published a notice of proposed DECLARED ON OR AFTER Seventh Street, Washington, DC 20590, rulemaking (68 FR 47533) proposing to NOVEMBER 23, 1988. (202) 366–9315, or by e-mail at make the requested change and invited [email protected]. public comment. The NPRM proposed ■ 6. The authority citation for part 206 SUPPLEMENTARY INFORMATION: Under the that this change go into effect during the continues to read as follows: Standard Time Act of 1918, as amended next changeover from daylight saving by the Uniform Time Act of 1966 (15 time to standard time, which is on Authority: Robert T. Stafford Disaster U.S.C. 260–64), the Secretary of October 26, 2003. Relief and Emergency Assistance Act, 42 Transportation has authority to issue U.S.C. 5121–5206; Reorganization Plan No. 3 Comments regulations modifying the boundaries of 1978, 43 FR 41943, 3 CFR, 1978 Comp., Two comments were filed. One, p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 between time zones in the United States Comp., p. 376; E.O. 12148, 44 FR 43239, 3 in order to move an area from one time which was filed by the South Dakota CFR, 1979 Comp., p. 412; and E.O. 12673, 54 zone to another. The standard in the Secretary of State, supported the FR 12571, 3 CFR, 1989 Comp., p. 214. statute for such decisions is ‘‘regard for change. He stated that ‘‘The proposal to the convenience of commerce and the place all of Jones, Mellette and Todd ■ 7. Revise § 206.226(b) to read as existing junction points and division Counties in the central time zone would follows: points of common carriers engaged in eliminate confusion these counties have interstate or foreign commerce.’’ when elections are conducted. § 206.226 Restoration of damaged Eliminating this confusion will improve facilities. Time zone boundaries are set by regulation (49 CFR part 71). Currently, voter turnout in these counties. South * * * * * under regulation, Mellette and Todd Dakota’s polling hours are from 7 a.m. (b) Mitigation planning. In order to Counties, and the western portion of to 7 p.m. legal time. These counties that receive assistance under this section, as Jones County, are located in the are legally set in mountain time follow of November 1, 2004, the State must mountain standard time zone. The central time for their business hours, have in place a FEMA approved State eastern portion of Jones County is therefore causing confusion in the past Mitigation Plan in accordance with 44 currently located in the central time on what time zone to use for polling CFR part 201. zone. hours for local, state and federal * * * * * elections.’’ The other comment objected Request for a Change to daylight saving time observance and Dated: October 22, 2003. The South Dakota legislature adopted suggested that all states should be in the Michael D. Brown, a concurrent resolution (Senate same time zone. Under Secretary, Emergency Preparedness Concurrent Resolution No. 3) We did not hold a public hearing in and Response, Department of Homeland petitioning the Secretary of the area because of the unusual Security. Transportation to place all of Jones, circumstances in this case. According to [FR Doc. 03–27140 Filed 10–27–03; 8:45 am] Mellette, and Todd counties into the the State legislature, the vast majority of BILLING CODE 9110–13–P central time zone. The resolution was people in the affected area are already

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observing central time. We consulted profits and, perhaps, several small quality of the human environment with a variety of State, local, tribal, and governmental jurisdictions, it will not under the National Environmental federal officials to confirm the local be a substantial number. In addition, the Policy Act and, therefore, an observance and ask whether a hearing change should have little, if any, environmental impact statement is not would be helpful in this case. Almost all economic impact. Therefore, the Office required. believed that it would not. of the Secretary certifies under 5 U.S.C. Consultation and Coordination With This final rule makes the proposed 605(b) that this final rule will not have Indian Tribal Governments change. It is effective during the next a significant economic impact on a changeover from daylight saving time to substantial number of small entities. E.O. 13175 provides that government standard time, which is October 26, Collection of Information agencies consult with tribes on issues 2003. We find good cause to make this that impact the Indian community. The effective with less than 30 days notice This final rule does not require any Department has consulted with the because the final rule merely conforms new collection of information under the Rosebud Sioux Tribal Council and has the regulation to the longstanding and Paperwork Reduction Act of 1995 (44 informed them of this action. almost universal time observance in the U.S.C. 3501–3520). area. List of Subjects in Part 71 Federalism Impact on Observance of Daylight We have analyzed this final rule Time zones. Saving Time under E.O. 12612 and have determined ■ For the reasons discussed above, the This rule does not directly affect the that this rule does not have sufficient Office of the Secretary revises title 49 observance of daylight saving time. federalism implications to warrant the part 71 to read as follows: Under the Uniform Time Act of 1966, as preparation of a Federalism Assessment. amended, the standard time of each Unfunded Mandates PART 71—[AMENDED] time zone in the United States is advanced one hour from 2 a.m. on the The Unfunded Mandates Reform Act ■ 1. The authority citation for part 71 first Sunday in April until 2 a.m. on the of 1995 (2 U.S.C. 1531–1538) and E.O. continues to read: last Sunday in October, except in any 12875, Enhancing the Intergovernmental State that has, by law, exempted itself Partnership, (58 FR 58093, October 28, Authority: Secs. 1–4, 40 Stat. 450, as amended; sec. 1, 41 Stat. 1446, as amended; 1993) govern the issuance of Federal from this observance. secs. 2–7, 80 Stat. 107, as amended; 100 Stat. regulations that require unfunded Regulatory Analysis & Notices 764; Act of Mar. 19, 1918, as amended by the mandates. An unfunded mandate is a Uniform Time Act of 1966 and Pub. L. 97– This final rule is not a ‘‘significant regulation that requires a State, local, or 449, 15 U.S.C. 260–267; Pub. L. 99–359; Pub. regulatory action’’ under section 3(f) of tribal government or the private sector L. 106–564. 15 U.S.C. 263, 114 Stat. 281149 Executive Order 12866 and does not to incur direct costs without the Federal CFR 159(a), unless otherwise noted. require an assessment of potential costs Government’s having first provided the ■ and benefits under section 6(a)(3) of that funds to pay those costs. This final rule 2. Paragraph (b) of § 71.7, Boundary Order. It has not been reviewed by the will not impose an unfunded mandate. line between central and mountain Office of Management and Budget under zones, is revised to read as follows: Taking of Private Property that Order. It is not ‘‘significant’’ under § 71.7 Boundary line between central and the regulatory policies and procedures This final rule will not effect a taking mountain zones. of the Department of Transportation (44 of private property or otherwise have * * * * * FR 11040; February 26, 1979). We taking implications under E.O. 12630, expect the economic impact of this final Governmental Actions and Interference (b) South Dakota. From the junction of rule to be so minimal that a full with Constitutionally Protected Property the North Dakota-South Dakota Regulatory Evaluation under paragraph Rights. boundary with the Missouri River 10e of the regulatory policies and southerly along the main channel of that procedures of DOT is unnecessary. The Civil Justice Reform river to the crossing of the original rule primarily affects the convenience of This final rule meets applicable Chicago & North Western Railway near individuals in scheduling activities. By standards in sections 3(a) and 3(b)(2) of Pierre; thence southwesterly to the itself, it imposes no direct costs. Its E.O. 12988, Civil Justice Reform, to northern boundary of Jones County at impact is localized in nature. minimize litigation, eliminate the northeast corner of the NE 1, Sec. 6, ambiguity, and reduce burden. T. 2 N., R. 30 E.; thence west along the Small Entities northern boundary of Jones County; Protection of Children Under the Regulatory Flexibility Act thence south along the western (5 U.S.C. 601–612), we considered We have analyzed this final rule boundaries of Jones, Mellette and Todd whether this final rule will have a under E.O. 13045, Protection of Counties to the South Dakota-Nebraska significant economic impact on a Children from Environmental Health boundary. substantial number of small entities. Risks and Safety Risks. This rule is not * * * * * The term ‘‘small entities’’ comprises an economically significant rule and small businesses, not-for-profit does not concern an environmental risk Issued in Washington, DC on October 21, organizations, and governmental to health or risk to safety that may 2003. jurisdictions with populations of less disproportionately affect children. Norman Y. Mineta, than 50,000. This final rule will Secretary. primarily affect individuals and their Environment [FR Doc. 03–27056 Filed 10–24–03; 12:40 scheduling of activities. Although it will This rulemaking is not a major pm] affect some small businesses, not-for- Federal action significantly affecting the BILLING CODE 4910–62–P

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