§ 41.125 49 CFR Subtitle A (10–1–96 Edition)

the BOCA National and SBCC Standard the Stafford Act after a Presidentially building codes. The seismic zone map declared major disaster or emergency in the ICBO Uniform Building Code is when assistance actions involve new also based on one of the USGS maps of construction or total replacement of a horizontal ground acceleration. How- building. ever, the ICBO map should be used only with the ICBO code. Also, it is not ap- § 41.125 Judicial review. propriate to use the NEHRP maps with Nothing in this part is intended to the ICBO Uniform Building Code, be- create any right or benefit, substantive cause the design requirements of build- or procedural, enforceable at law by a ing codes are keyed to the numerical party against the DOT, its Operating values of the map they reference. Administrations, its officers, or any (c) Revisions to the model codes list- person. ed in paragraph (b) of this section that are substantially equivalent to or ex- ceed the then current or immediately PART 71—STANDARD preceding edition of the NEHRP rec- BOUNDARIES ommended provisions, as it is updated, may be approved by a DOT Operating Sec. Administration to meet the require- 71.1 Limits defined; exceptions authorized ments in this part. for certain rail operating purposes only. (d) State, county, local, or other ju- 71.2 Annual advancement of standard time. risdictional building ordinances adopt- 71.3 Atlantic zone. 71.4 Eastern zone. ing and enforcing the model codes, list- 71.5 Boundary line between eastern and ed in paragraph (b) of this section, in central zones. their entirety, without significant revi- 71.6 Central zone. sions or changes in the direction of less 71.7 Boundary line between central and seismic safety, meet the requirements mountain zones. in this part. For ordinances that do not 71.8 Mountain zone. adopt the model codes listed in para- 71.9 Boundary line between mountain and graph (b) of this section, substantial Pacific zones. equivalency of the ordinances to the 71.10 Pacific zone. seismic safety level contained in the 71.11 Alaska zone. 71.12 Hawaii-Aleutian zone. NEHRP recommended provisions must 71.13 Samoa zone. be determined by the DOT Operating Administration before the ordinances AUTHORITY: Secs. 1–4, 40 Stat. 450, as may be used to meet the requirements amended; sec. 1, 41 Stat. 1446, as amended; secs. 2–7, 80 Stat. 107, as amended; 100 Stat. of this part. 764; Act of Mar. 19, 1918, as amended by the (e) DOT Operating Administrations of 1966 and Pub. L. 97–449, that, as of January 5, 1990, required 15 U.S.C. 260–267; Pub. L. 99–359; 49 CFR seismic safety levels higher than those 1.59(a), unless otherwise noted. imposed by this part in new building SOURCE: Amdt. 71–11, 35 FR 12318, Aug. 1, construction programs will continue to 1970, unless otherwise noted. maintain such levels in force. (f) Emergencies. Nothing in this part § 71.1 Limits defined; exceptions au- applies to assistance provided for emer- thorized for certain rail operating gency work or for assistance essential purposes only. to save lives and protect property and (a) This part prescribes the geo- public health and safety performed pur- graphic limits of each of the eight suant to sections 402, 403, 502, and 503 of standard time zones established by sec- the Robert T. Stafford Disaster Relief tion 1 of the Standard Time Act, as and Emergency Assistance Act (Staf- amended by section 4 of the Uniform ford Act), 42 U.S.C. 5170a, 5170b, 5192, Time Act of 1966 (15 U.S.C. 261). It also and 5193, or for temporary housing as- contains lists of operating exceptions sistance programs and individual and granted for specified rail carriers, family grants performed pursuant to whose operations cross the time zone Sections 408 and 411 of the Stafford boundaries prescribed by this part, au- Act, 42 U.S.C. 5174 and 5178. However, thorizing them to carry the standard of this part applies to other provisions of time on which the major portion of a

612

VerDate 08-JAN-97 10:39 Jan 10, 1997 Jkt 167195 PO 00000 Frm 00612 Fmt 8010 Sfmt 8010 E:\CFR\167195.085 167195 Office of the Secretary of Transportation § 71.5

particular operation is conducted into that is between 52°30′ W. an adjoining time zone. longitude and 67°30′ W. longitude and (b) Any rail carrier whose operations that part of the Commonwealth of cross a time zone boundary prescribed Puerto Rico that is west of 67°30′ W. by this part may apply for an operating longitude, but does not include any exception to the General Counsel, De- part of the State of Maine. partment of Transportation, Washing- ton, DC 20590. However, each rail car- § 71.4 Eastern zone. rier for which an operating exception is The second zone, the eastern stand- granted shall, in its advertisements, ard time zone, includes that part of the time cards, station bulletin boards, and United States that is west of 67°30′ W. other publications, show arrival and longitude and east of the boundary line departure times in terms of the stand- described in § 71.5, and includes all of ard time for the place concerned. the State of Maine, but does not in- (c) The time zones established by the clude any part of the Commonwealth of Standard Time Zone Act, as amended Puerto Rico. by the Uniform Time Act of 1966, are Atlantic, eastern, central, mountain, § 71.5 Boundary line between eastern Pacific, Alaska, Hawaii-Aleutian, and and central zones. Samoa. (a) Minnesota-Michigan-Wisconsin. [Amdt. 71–11, 35 FR 12318, Aug. 1, 1970, as From the junction of the western amended by Amdt. 71–21, 52 FR 41631, Nov. 18, boundary of the State of Michigan with 1986] the boundary between the United States and Canada northerly and eas- § 71.2 Annual advancement of stand- terly along the west line of Gogebic ard time. County to the west line of Ontonagon (a) The Uniform Time Act of 1966 (15 County; thence south along the west U.S.C. 260a(a)), as amended, requires line of Ontonagon County to the north that the standard time of each State line of Gogebic County; thence south- observing Daylight Saving Time shall erly and easterly along the north line be advanced 1 hour beginning at 2:00 of Gogebic County to the west line of a.m. on the first Sunday in April of Iron County; thence north along the each year and ending on the last Sun- west line of Iron County to the north day in October. This advanced time line of Iron County; thence east along shall be the standard time of each zone the north line of Iron County to the during such period. The Act authorizes east line of Iron County; thence south any State to exempt itself from this re- along the east line of Iron County to quirement. States in two or more time the north line of Dickinson County; zones may exempt the easternmost thence east along the north line of time zone portion from this require- Dickinson County to the east line of ment. Dickinson County; thence south along (b) Section 3(b) of the Uniform Time the east line of Dickinson County to Act of 1966 (15 U.S.C. 260a(b)) provides the north line of Menominee County; that ‘‘it is the express intent of thence east along the north line of Me- Congress * * * to supersede any and all nominee County to the east line of Me- laws of the States or political subdivi- nominee County; thence southerly and sions thereof insofar as they may now easterly along the east line of Menomi- or hereafter provide for advances in nee County to Lake Michigan; thence time or changeover dates different east to the western boundary of the from those specified in [section 3(a) of State of Michigan; thence southerly that Act]’’, which are those specified in and easterly along the western bound- paragraph (a) of this section. ary of the State of Michigan to a point [Amdt. 71–11, 35 FR 12318, Aug. 1, 1970, as in the middle of Lake Michigan oppo- amended by Amdt. 71–21, 52 FR 41631, Nov. 18, site the main channel of Green Bay; 1986] thence southerly along the western boundary of the State of Michigan to § 71.3 Atlantic zone. its junction with the southern bound- The first zone, the Atlantic standard ary thereof and the northern boundary time zone, includes that part of the of the State of Indiana.

613

VerDate 08-JAN-97 10:39 Jan 10, 1997 Jkt 167195 PO 00000 Frm 00613 Fmt 8010 Sfmt 8010 E:\CFR\167195.086 167195 § 71.6 49 CFR Subtitle A (10–1–96 Edition)

(b) Indiana-Illinois. From the junction the west line of Scott County, Tenn.; of the western boundary of the State of thence southerly along the west line of Michigan with the northern boundary Scott County, the north and west lines of the State of Indiana easterly along of Morgan County, and the north line the northern boundary of the State of of Roane County to the north line of Indiana to the east line of LaPorte Rhea County; thence northwesterly County; thence southerly along the along the north line of Rhea County; east line of LaPorte County to the and thence southwesterly along the north line of Starke County; thence west lines of Rhea and Hamilton Coun- west along the north line of Starke ties to the Tennessee-Georgia bound- County to the west line of Starke ary. County; thence South along the west (e) Georgia-Alabama. From the junc- line of Starke County to the south line of Starke County; thence west along tion of the west line of Hamilton Coun- the south line of Starke County to the ty, Tenn., with the Tennessee-Georgia east line of Jasper County; thence boundary westerly along that boundary south along the east line of Jasper to its junction with the Alabama-Geor- County to the south line of Jasper gia boundary; thence southerly along County; thence west along the south that boundary and the Florida-Georgia lines of Jasper and Newton Counties to boundary to the southwest corner of the western boundary of the State of the State of Georgia. Indiana; thence south along the west- (f) Florida. From the southwest cor- ern boundary of the State of Indiana to ner of the State of Georgia to the mid- the north line of Gibson County; point of the Apalachicola River on the thence easterly and southerly along downstream side of Jim Woodruff Dam; the north line of Gibson County to the thence southerly along the middle of east line of Gibson County; thence the main channel of the Apalachicola south along the east line of Gibson River to its intersection with the Jack- County to the north line of Warrick son River; thence westerly along the County; thence easterly and southerly center of the Jackson River to its along the north lines of Warrick and intersection with the Intracoastal Wa- Spencer Counties to the east line of terway; thence westerly along the cen- Spencer County; thence southerly ter of the Intracoastal Waterway to the along the east line of Spencer County west line of Gulf County; thence south- to the Indiana-Kentucky boundary. erly along the west line of Gulf County (c) Kentucky. From the junction of the east line of Spencer County, Ind., to the Gulf of Mexico. with the Indiana-Kentucky boundary (g) [Reserved] easterly along that boundary to the (h) Municipalities on boundary line. All west line of Meade County, Ky.; thence municipalities located upon the zone southeasterly and southwesterly along boundary line described in this section the west lines of Meade and Hardin are in the central standard time zone. Counties to the southwest corner of [Amdt. 71–11, 35 FR 12318, Aug. 1, 1970, as Hardin County; thence along the south amended by Amdt. 71–12, 37 FR 11972, June lines of Hardin and Larue Counties to 16, 1972; Amdt. 71–13, 38 FR 9229, Apr. 12, 1973; the northwest corner of Taylor County; Amdt. 71–14, 38 FR 13725, May 25, 1973; Amdt. thence southeasterly along the west 77–13, 42 FR 56610, Oct. 27, 1977; Amdt. 91–17, (southwest) line of Taylor County and 56 FR 52003, Oct. 17, 1991] northeasterly along the east (south- east) line of Taylor County to the west § 71.6 Central zone. line of Casey County; and thence The third zone, the central standard southerly along the west and south time zone, includes that part of the lines of Casey, Pulaski, and McCreary United States that is west of the Counties to the Kentucky-Tennessee boundary line between the eastern and boundary. (d) Tennessee. From the junction of central standard time zones described the west line of McCreary County, Ky., in § 71.5 and east of the boundary line with the Kentucky-Tennessee bound- between the central and mountain ary westerly along that boundary to standard time zones described in § 71.7.

614

VerDate 08-JAN-97 10:39 Jan 10, 1997 Jkt 167195 PO 00000 Frm 00614 Fmt 8010 Sfmt 8010 E:\CFR\167195.086 167195 Office of the Secretary of Transportation § 71.7

§ 71.7 Boundary line between central boundary with the Missouri River and mountain zones. southerly along the main channel of (a) Montana-North Dakota. Beginning that river to the crossing of the Chi- at the junction of the Montana-North cago & North Western Railway near Dakota boundary with the boundary of Pierre; thence southwesterly to the the United States and Canada south- northeast corner of T. 1 S., R. 28 E. in erly along the Montana-North Dakota Jones County; thence south along the boundary to the Missouri River; thence range line between Rs. 28 and 29 E. to southerly and easterly along the mid- the north line of Mellette County; dle of that river to the midpoint of the thence east along the north line of confluence of the Missouri and Yellow- Mellette County to the west line of stone Rivers; thence southerly and eas- Tripp County; thence south along the terly along the middle of the Yellow- west line of Tripp County to the South stone River to the north boundary of T. Dakota-Nebraska boundary. 150 N., R. 104 W.; thence east to the (c) Nebraska. From the junction of northwest corner of T. 150 N., R. 102 W.; the west line of Tripp County, South thence south to the southwest corner Dakota with the South Dakota-Ne- of T. 149 N., R. 102 W.; thence east to braska boundary west along that the northwest corner of T. 148 N., R. 102 boundary to the west line of R. 30 W.; W.; thence south to the northwest cor- thence south along the range line be- ner of 147 N., R. 102 W.; thence east to tween Rs. 30 and 31 W. to the southwest the southwest corner of T. 148 N., R. 101 corner of sec. 19, T. 33 N., R. 30 W.; W., thence south to the middle of the thence easterly along section lines to Little Missouri; thence easterly and the northeast corner of sec. 29, T. 33 N., northerly along the middle of that R. 30 W.; thence southerly along sec- river to the midpoint of its confluence tion lines with their offsets to the with the Missouri River; thence south- northeast corner of sec. 17, T. 32 N., R. erly and easterly along the middle of 30 W.; thence westerly along section the Missouri River to the midpoint of lines to the northwest corner of sec. 18, its confluence with the northern land T. 32 N., R. 30 W.; thence southerly boundary of Oliver County; thence west along the range line to the southwest along the northern county line to the corner of T. 31 N., R. 30 W.; thence eas- northwest boundary; thence south terly along the township line to the along the western county line to the northeast corner of T. 30 N., R. 30 W.; southwest boundary; thence east along thence southerly along the range line the southern county line to the north- to the southwest corner of T. 29 N., R. west corner of T. 140 N., R. 83 W.; 29 W.; thence westerly along the town- thence south to the southwest corner ship line to the northwest corner of of T. 140 N., R. 82 W.; thence east to the sec. 4, T. 28 N., R. 30 W.; thence south- southeast corner of T. 140 N., R. 83 W.; erly along section lines to the south- thence south to the middle of the Heart west corner of sec. 33, T. 28 N., R. 30 W.; River; thence easterly and northerly thence easterly along the township line along the middle of that river to the to the northeast corner of sec. 4, T. 27 southern boundary of T. 139 N., R. 82 N., R. 30 W.; thence southerly along W.; thence east to the middle of the section lines to the southwest corner of Heart River; thence southerly and eas- sec. 22, T. 26 N., R. 30 W.; thence eas- terly along the middle of that river to terly along section lines to the south- the midpoint of the confluence of the east corner of sec. 24, T. 26 N., R. 30 W.; Heart and Missouri Rivers; thence thence southerly along the range line southerly and easterly along the mid- to the north line of Thomas County; dle of the Missouri River to the north- thence westerly along the north line of ern boundary of T. 130 N., R. 80 W.; Thomas County to the west line of thence west to the northwest corner of Thomas County; thence south along T. 130 N., R. 80 W.; thence south to the the west line of Thomas County to the North Dakota-South Dakota boundary; north line of McPherson County; thence easterly along that boundary to thence west along the north line of the middle of the Missouri River. McPherson County to the west line of (b) South Dakota. From the junction McPherson County; thence south along of the North Dakota-South Dakota the west line of McPherson County to

615

VerDate 08-JAN-97 10:39 Jan 10, 1997 Jkt 167195 PO 00000 Frm 00615 Fmt 8010 Sfmt 8010 E:\CFR\167195.086 167195 § 71.8 49 CFR Subtitle A (10–1–96 Edition)

the north line of Keith County; thence (f) [Reserved] east along the north line of Keith (g) Points on boundary line. All mu- County to the west line of Lincoln nicipalities located upon the zone County; thence south along the west boundary line described in this section line of Lincoln County to the north are in the mountain standard time line of Hayes County; thence west zone, except Murdo, S. Dak., which is along the north lines of Hayes County in the central standard time zone. to the west line of Hayes County; [Amdt. 71–11, 35 FR 12318, Aug. 1, 1970, as thence south along the west line of amended by Amdt. 71–14, 38 FR 13725, May 25, Hayes and Hitchcock Counties to the 1973; Amdt. 71–16, 43 FR 42763, Sept. 21, 1978; Nebraska-Kansas boundary. 55 FR 30914, July 30, 1990; 57 FR 48339, Oct. 23, (d) Kansas-Colorado. From the junc- 1992] tion of the west line of Hitchcock County, Nebraska, with the Nebraska- § 71.8 Mountain zone. Kansas boundary westerly along that The fourth zone, the mountain stand- boundary to the northwest corner of ard time zone, includes that part of the the State of Kansas; thence southerly United States that is west of the along Kansas-Colorado boundary to the boundary line between the central and north line of Sherman County, Kansas; mountain standard time zones de- thence easterly along the north line of scribed in § 71.7 and east of the bound- Sherman County to the east line of ary line between the mountain and Pa- Sherman County; thence southerly cific standard time zones described in along the east line of Sherman County § 71.9. to the north line of Logan County; thence westerly along the north line of § 71.9 Boundary line between moun- Logan County to the east line of Wal- tain and Pacific zones. lace County; thence southerly along (a) Montana--Oregon. From the the east line of Wallace County to the junction of the Idaho-Montana bound- north line Wichita County; thence ary with the boundary between the westerly along the north line of Wich- United States and Canada southerly ita County; thence westerly along the along the Idaho-Montana boundary to north line of Wichita County to the the boundary line between Idaho Coun- east line of Greeley County; thence ty, Idaho, and Lemhi County, Idaho; southerly along the east lines of Gree- thence southwesterly along the bound- ley County and Hamilton Counties; ary line between those two counties to thence westerly along the south line of the main channel of the Salmon River; Hamilton County to the Kansas-Colo- thence westerly along the main chan- rado boundary; thence southerly along nel of the Salmon River to the Idaho- the Kansas Colorado boundary to the Oregon boundary; thence southerly junction of that boundary with the along that boundary to the boundary north boundary of the State of Okla- line between Baker County, Oreg., and homa. Malheur County, Oreg.; thence west- (e) Oklahoma-Texas-New Mexico. From erly along the north line of Malheur the junction of the Kansas-Colorado County to the northwest corner of boundary with the northern boundary Malheur County; thence southerly of the State of Oklahoma westerly along the west line of Malheur County along the Colorado-Oklahoma bound- to the southwest corner of T. 35 S., R. ary to the northwest corner of the 37 E.; thence east to the Idaho-Oregon State of Oklahoma; thence southerly boundary; thence south along that along the west boundary of the State of boundary to the southwest corner of Oklahoma and the west boundary of the State of Idaho; thence easterly the State of Texas to the southeast along the Idaho-Nevada boundary to corner of the State of New Mexico; the northeast corner of the State of thence westerly along the Texas-New Nevada. Mexico boundary to the east line of (b) Utah-Nevada-Arizona-California. Hudspeth County, Tex.; thence south- From the northeast corner of the State erly along the east line of Hudspeth of Nevada southerly along the Utah- County, Tex., to the boundary between Nevada boundary, the Nevada-Arizona the United States and Mexico. boundary, and the Arizona-California

616

VerDate 08-JAN-97 10:39 Jan 10, 1997 Jkt 167195 PO 00000 Frm 00616 Fmt 8010 Sfmt 8010 E:\CFR\167195.086 167195 Office of the Secretary of Transportation § 79.3

boundary to the boundary between the does not include any part of the States United States and Mexico. of Hawaii and Alaska. (c) [Reserved] (Act of March 19, 1918, as amended by the (d) Points on boundary line. All mu- Uniform Time Act of 1966 and Pub. L. 97–449, nicipalities located upon the zone 15 U.S.C. 260–264; 49 CFR 1.59(a)). boundary line described in this section [Amdt. 71–19, 48 FR 43281, Sept. 22, 1983, as are in the mountain standard time amended by Amdt. 71–20, 48 FR 55289, Dec. 12, zone. 1983] [Amdt. 71–11, 35 FR 12318, Aug. 1, 1970, as amended by Amdt. 71–14, 38 FR 13725, May 25, PART 79—MEDALS OF HONOR 1973] Sec. § 71.10 Pacific zone. 79.1 Scope. The fifth zone, the Pacific standard 79.3 Application. time zone, includes that part of the 79.5 Investigation. 79.7 Award. continental United States that is west 79.9 Design. of the boundary line between the mountain and Pacific standard time AUTHORITY: 49 U.S.C. 80504. zones described in § 71.9, but does not SOURCE: 61 FR 17578, Apr. 22, 1996, unless include any part of the State of Alas- otherwise noted. ka. § 79.1 Scope. (Act of March 19, 1918, as amended by the (a) This part implements 49 U.S.C. Uniform Time Act of 1966 and Pub. L. 97–449, 15 U.S.C. 260–264; 49 CFR 1.59(a)). 80504, which authorizes the President of the United States to award a bronze [Amdt. 71–19, 48 FR 43281, Sept. 22, 1983] medal for bravery to any person who, § 71.11 Alaska zone. by extreme daring, risks his/her life in trying to prevent, or to save the life of The sixth zone, the Alaska standard a person in, a grave accident/incident time zone, includes the entire State of in the United States that involves an Alaska, except as provided in § 71.12 of interstate rail carrier or a motor vehi- this title. cle being operated on public highways. (Act of March 19, 1918, as amended by the (b) The actions for which the medal Uniform Time Act of 1966 and Pub. L. 97–449, may be awarded must reflect such un- 15 U.S.C. 260–264; 49 CFR 1.59(a)). usual daring and bravery that a person [Amdt. 71–19, 48 FR 43281, Sept. 22, 1983, as would not normally be expected to per- amended by Amdt. 71–20, 48 FR 55289, Dec. 12, form them as a regular part of his/her 1983] regular work or vocation.

§ 71.12 Hawaii–Aleutian zone. § 79.3 Application. The seventh zone, the Hawaii–Aleu- (a) Any person may apply for the tian standard time zone, includes the award of the medal described in § 79.1, entire State of Hawaii and, in the but only on behalf of another person, State of Alaska, that part of the Aleu- by writing to the Secretary of Trans- tian Islands that is west of 169 degrees portation, Attention: Medals of Honor, 30 minutes west longitude. within two (2) years of the action that (Act of March 19, 1918, as amended by the is the subject of the application. Uniform Time Act of 1966 and Pub. L. 97–449, (b) Although no application form is 15 U.S.C. 260–264; 49 CFR 1.59(a)). required, the following information [Amdt. 71–19, 48 FR 43281, Sept. 22, 1983, as must be provided: amended by Amdt. 71–20, 48 FR 55289, Dec. 12, (1) Name, address, and telephone 1983] number of the person submitting the application. § 71.13 Samoa zone. (2) Name, address, and telephone The eighth zone, the Samoa standard number of the person on whose behalf time zone, includes that part of the the application is submitted. United States that is between 169 de- (3) Date, time, place, and weather grees 30 minutes west longitude and 172 conditions of the action that is the degrees 30 minutes west longitude, but subject of the application.

617

VerDate 08-JAN-97 10:39 Jan 10, 1997 Jkt 167195 PO 00000 Frm 00617 Fmt 8010 Sfmt 8010 E:\CFR\167195.086 167195