Office of the Secretary of Transportation Pt. 71 seismic design and construction re- ed in paragraph (b) of this section, in quirements of this part. their entirety, without significant revi- (b)(1) The following are model codes sions or changes in the direction of less which have been found to provide a seismic safety, meet the requirements level of seismic safety substantially in this part. For ordinances that do not equivalent to that provided by use of adopt the model codes listed in para- the 1988 National Earthquake Hazards graph (b) of this section, substantial Reduction Program (NEHRP) Rec- equivalency of the ordinances to the ommended Provisions (Copies are seismic safety level contained in the available from the Office of Earth- NEHRP recommended provisions must quakes and Natural Hazards, Federal be determined by the DOT Operating Emergency Management Agency, 500 C Administration before the ordinances Street, SW., Washington, DC 20472.): may be used to meet the requirements (i) The 1991 International Conference of this part. of Building Officials (ICBO) Uniform (e) DOT Operating Administrations Building Code, published by the Inter- that, as of January 5, 1990, required national Conference of Building Offi- seismic safety levels higher than those cials, 5360 South Workman Mill Rd., imposed by this part in new building Whittier, Cal. 90601; construction programs will continue to (ii) The 1992 Supplement to the Build- maintain such levels in force. ing Officials and Code Administrators (f) Emergencies. Nothing in this part International (BOCA) National Build- applies to assistance provided for emer- ing Code, published by the Building Of- gency work or for assistance essential ficials and Code Administrators, 4051 to save lives and protect property and West Flossmoor Rd., Country Club public health and safety performed pur- Hills, Ill. 60478–5795; and suant to sections 402, 403, 502, and 503 of (iii) The 1992 Amendments to the the Robert T. Stafford Disaster Relief Southern Building Code Congress and Emergency Assistance Act (Staf- (SBCC) Standard Building Code, pub- ford Act), 42 U.S.C. 5170a, 5170b, 5192, lished by the Southern Building Code and 5193, or for temporary housing as- Congress International, 900 Montclair sistance programs and individual and Rd., Birmingham, Ala. 35213–1206. family grants performed pursuant to (2) Versions of the NEHRP seismic Sections 408 and 411 of the Stafford maps have been adopted along with the Act, 42 U.S.C. 5174 and 5178. However, NEHRP Recommended Provisions into this part applies to other provisions of 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 construction or total replacement of a also based on one of the USGS maps of building. horizontal ground acceleration. How- ever, the ICBO map should be used only § 41.125 Judicial review. with the ICBO code. Also, it is not ap- 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- PART 71—STANDARD TIME ZONE ceed the then current or immediately BOUNDARIES preceding edition of the NEHRP rec- ommended provisions, as it is updated, Sec. may be approved by a DOT Operating 71.1 Limits defined; exceptions authorized Administration to meet the require- for certain rail operating purposes only. 71.2 Annual advancement of standard time. ments in this part. 71.3 Atlantic zone. (d) State, county, local, or other ju- 71.4 Eastern zone. risdictional building ordinances adopt- 71.5 Boundary line between eastern and cen- ing and enforcing the model codes, list- tral zones. 695 VerDate Mar<15>2010 08:29 Dec 31, 2013 Jkt 229218 PO 00000 Frm 00705 Fmt 8010 Sfmt 8010 Y:\SGML\229218.XXX 229218 wreier-aviles on DSK5TPTVN1PROD with CFR § 71.1 49 CFR Subtitle A (10–1–13 Edition) 71.6 Central zone. § 71.2 Annual advancement of stand- 71.7 Boundary line between central and ard time. mountain zones. 71.8 Mountain zone. (a) The Uniform Time Act of 1966 (15 71.9 Boundary line between mountain and U.S.C. 260a(a)), as amended, requires Pacific zones. that the standard time of each State 71.10 Pacific zone. observing Daylight Saving Time shall 71.11 Alaska zone. be advanced 1 hour beginning at 2 a.m. 71.12 Hawaii-Aleutian zone. on the second Sunday in March of each 71.13 Samoa zone. year and ending at 2 a.m. on the first 71.14 Chamorro Zone. Sunday in November. This advanced time shall be the standard time of each AUTHORITY: Secs. 1–4, 40 Stat. 450, as zone during such period. The Act au- amended; sec. 1, 41 Stat. 1446, as amended; thorizes any State to exempt itself secs. 2–7, 80 Stat. 107, as amended; 100 Stat. 764; Act of Mar. 19, 1918, as amended by the from this requirement. States in two or Uniform Time Act of 1966 and Pub. L. 97–449, more time zones may exempt either 15 U.S.C. 260–267; Pub. L. 99–359; Pub. L. 106– the entire State or may exempt the en- 564, 15 U.S.C. 263, 114 Stat. 2811; 49 CFR tire area of the State lying within ei- 1.59(a), unless otherwise noted. ther time zone. (b) Section 3(b) of the Uniform Time SOURCE: Amdt. 71–11, 35 FR 12318, Aug. 1, 1970, unless otherwise noted. Act of 1966 (15 U.S.C. 260a(b)) provides that ‘‘it is the express intent of Con- § 71.1 Limits defined; exceptions au- gress***to supersede any and all thorized for certain rail operating laws of the States or political subdivi- purposes only. sions thereof insofar as they may now or hereafter provide for advances in (a) This part prescribes the geo- time or changeover dates different graphic limits of each of the nine from those specified in [section 3(a) of standard time zones established by sec- that Act]’’, which are those specified in tion 1 of the Standard Time Act, as paragraph (a) of this section. amended by section 4 of the Uniform Time Act of 1966 (15 U.S.C. 261). The [Amdt. 71–11, 35 FR 12318, Aug. 1, 1970, as Uniform Time Act also contains lists of amended by Amdt. 71–21, 52 FR 41631, Nov. 18, operating exceptions granted for speci- 1986; 78 FR 15885, Mar. 13, 2013] fied rail carriers, whose operations § 71.3 Atlantic zone. cross the time zone boundaries pre- scribed by this part. (15 U.S.C. 265). The first zone, the Atlantic standard (b) Any rail carrier whose operations time zone, includes that part of the ° ″ cross a time zone boundary prescribed United States that is between 52 30 W. ° ″ by this part may apply for an operating longitude and 67 30 W. longitude and exception to the General Counsel, De- that part of the Commonwealth of Puerto Rico that is west of 67°30″ W. partment of Transportation, Wash- longitude, but does not include any ington, DC 20590. However, each rail part of the State of Maine. carrier for which an operating excep- tion is granted shall, in its advertise- § 71.4 Eastern zone. ments, time cards, station bulletin boards, and other publications, show The second zone, the eastern stand- arrival and departure times in terms of ard time zone, includes that part of the United States that is west of 67°30″ W. the standard time for the place con- longitude and east of the boundary line cerned. described in § 71.5, and includes all of (c) The time zones established by the the State of Maine, but does not in- Standard Time Zone Act, as amended clude any part of the Commonwealth of by the Uniform Time Act of 1966, are Puerto Rico. Atlantic, eastern, central, mountain, Pacific, Alaska, Hawaii-Aleutian, § 71.5 Boundary line between eastern Samoa, and Chamorro. and central zones. [Amdt. 71–11, 35 FR 12318, Aug. 1, 1970, as (a) Minnesota-Michigan-Wisconsin. amended by Amdt. 71–21, 52 FR 41631, Nov. 18, From the junction of the western 1986; 78 FR 15884, Mar. 13, 2013] boundary of the State of Michigan with 696 VerDate Mar<15>2010 08:29 Dec 31, 2013 Jkt 229218 PO 00000 Frm 00706 Fmt 8010 Sfmt 8010 Y:\SGML\229218.XXX 229218 wreier-aviles on DSK5TPTVN1PROD with CFR Office of the Secretary of Transportation § 71.5 the boundary between the United the north line of Gibson County; States and Canada northerly and eas- thence easterly and northerly along terly along the west line of Gogebic the north line of Gibson County to the County to the west line of Ontonagon west line of Pike County; thence south County; thence south along the west along the west line of Pike County to line of Ontonagon County to the north the north line of Warrick County; line of Gogebic County; thence south- thence east along the north line of erly and easterly along the north line Warrick and Spencer Counties to the of Gogebic County to the west line of west line of Perry County; thence eas- Iron County; thence north along the terly and southerly along the north west line of Iron County to the north and east line of Perry County to the In- line of Iron County; thence east along diana-Kentucky boundary.