[Federal Register: January 20, 2006 (Volume 71, Number 13)]
[Rules and Regulations]
[Page 3228-3245]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ja06-11]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 71
[OST DOCKET NO. 2005-22114]
RIN 2105-AD53
Standard Time Zone Boundary in the State of Indiana
AGENCY: Office of the Secretary (OST), the Department of Transportation
(DOT).
ACTION: Final rule.
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SUMMARY: DOT is relocating the time zone boundary in Indiana to move
Starke, Pulaski, Knox, Daviess, Martin, Pike, Dubois, and Perry
Counties from the Eastern Time Zone to the Central Time Zone. DOT is
not changing the time zone boundary to move St. Joseph, Marshall,
Fulton, Benton, White, Carroll, Cass, Vermillion, Sullivan, and
Lawrence Counties from the Eastern Time Zone to the Central Time Zone.
This action is taken in response to petitions filed by the County
Commissioners and extensive comment provided at public hearings and to
the docket.
DATES: The effective date of this rule is 2 a.m. EST Sunday, April 2,
2006, which is the changeover date from standard time to Daylight
Saving Time.
FOR FURTHER INFORMATION CONTACT: Judith S. Kaleta, Office of the
General Counsel, U.S. Department of Transportation, Room 10428, 400
Seventh Street, Washington, DC 20590, indianatime@dot.gov; (202) 366-
9283.
SUPPLEMENTARY INFORMATION:
Time Observance in Indiana
General History
The time zone for Indiana has been the subject of much debate since
time zones were established, as noted by DOT in a notice proposing to
change the time zone in Indiana, 56 FR 13609 (April 3, 1991). In 1918,
when the Federal government first established time zones, all of
Indiana was in the Central Time Zone. In 1961, the Interstate Commerce
Commission, DOT's predecessor in setting time zones, moved the eastern
half of Indiana to the Eastern Time Zone, but denied requests to move
more of the State.
In 1967, at the request of the Governor of Indiana, in a notice of
proposed rulemaking, DOT proposed to restore the entire State to the
Central Time Zone. However, in 1968, DOT modified its proposal and
proposed instead that the entire State be in the Eastern Time Zone with
the exception of six counties in the northwest and seven in the
southwest which would remain in the Central Time Zone. That modified
proposal was supported by the commenters, with one exception.
Commenters did not support moving one of the southwest counties to the
Central Time Zone. Subsequently, effective April 27, 1969, time zone
boundaries were established to place all of Indiana in the Eastern Time
Zone with the exception of six counties in the northwest and six
counties in the southwest.
With regard to the counties in southwest Indiana, in 1977, the Pike
County Commissioners petitioned DOT to be moved to the Eastern Time
Zone. After proposing the change and receiving comments, DOT moved Pike
County to the Eastern Time Zone. The Indiana General Assembly requested
that DOT move the 5 remaining southwest counties from the Central Time
Zone to the Eastern Time Zone, in 1985, but DOT denied the request,
finding that the move would not serve the ``convenience of commerce.''
With regard to the counties in northwest Indiana, in 1986, the
Jasper County Commissioners and the Starke County Commissioners made
separate requests to move each county from the Central Time Zone to the
Eastern Time Zone. DOT denied their requests, finding that changing the
boundaries would not serve the ``convenience of commerce.'' In 1991, in
a subsequent proceeding, based on another request from the Starke
County Commissioners, DOT changed the time zone boundary to move Starke
County into the Eastern Time Zone.
Current Indiana Time Observance
Under Federal law, 82 Indiana counties are in the Eastern Time Zone
and 10 are in the Central Time Zone. The Central Time Zone counties
include five in the northwest (Lake, Porter, La Porte, Newton, and
Jasper) and five in the southwest (Posey, Vanderburgh, Warrick, Spencer
and Gibson). Neighboring States observe both eastern and central time.
Illinois and western Kentucky observe central time, while eastern
Kentucky, Ohio, and the portion of Michigan adjoining Indiana observe
eastern time.
Federal law provides that it is up to an individual State to decide
whether or not to observe Daylight Saving Time. Generally, a State must
choose to observe, or not observe, Daylight Saving Time across the
entire State. The one exception is that, if a State is in more than one
time zone, a ``split'' observance is permitted. Under this scenario,
all of a State that is in one time zone may observe Daylight Saving
Time, while the remainder of the State in the different time zone does
not. Under Indiana law, for many years, the Central Time Zone portion
of the State has observed Daylight Saving Time, while the Eastern Time
Zone portion of the State has not observed Daylight Saving Time.
[[Page 3229]]
2005 and 2006 Sunrise and Sunset Times--Select Indiana Cities
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Evansville
longitude W Terre Haute W Jasper W 86.9 Jasper If La Porte W 86.7 South Bend W South Bend If Indianapolis W Ft. Wayne W
Sunrise/sunset times 87.5 latitude 87.4 N 39.5 N 38.4 change to N 41.6 86.2 N 41.7 change to 86.1 N 39.8 85.2 N 41.1
N 38.0 central time central time
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1/15/2005...................... CST............. EST............. EST............. ................ CST............. EST............. ................ EST............. EST
Sunrise...................... 7:05 am......... 8:08 am......... 8:04 am......... ................ 7:11 am......... 8:10 am......... ................ 8:04 am......... 8:03 am
Sunset....................... 4:55 pm......... 5:51 pm......... 5:51 pm......... ................ 4:42 pm......... 5:40 pm......... ................ 5:45 pm......... 5:37 pm
1/15/2006...................... CST............. EST............. EST............. CST............. CST............. EST............. CST............. EST............. EST
Sunrise...................... 7:05 am......... 8:08 am......... 8:04 am......... 7:04 am......... 7:11 am......... 8:10 am......... 7:10 am......... 8:04 am......... 8:04 am
Sunset....................... 4:55 pm......... 5:50 pm......... 5:51 pm......... 4:41 pm......... 4:42 pm......... 5:40 pm......... 4:40 pm......... 5:44 pm......... 5:37 pm
4/15/2005...................... CDT............. EST............. EST............. ................ CDT............. EST............. ................ EST............. EST
Sunrise...................... 6:15 am......... 6:12 am......... 6:12 am......... ................ 6:07 am......... 6:05 am......... ................ 6:07 am......... 6:01 am
Sunset....................... 7:26 pm......... 7:28 pm......... 7:24 pm......... ................ 7:28 pm......... 7:26 pm......... ................ 7:23 pm......... 7:21 pm
4/15/2006...................... CDT............. EDT............. EDT............. CDT............. CDT............. EDT............. CDT............. EDT............. EDT
Sunrise...................... 6:15 am......... 7:12 am......... 7:12 am......... 6:12 am......... 6:07 am......... 7:05 am......... 6:05 am......... 7:07 am......... 7:01 am
Sunset....................... 7:26 pm......... 8:27 pm......... 8:24 pm......... 7:24 pm......... 7:27 pm......... 8:26 pm......... 7:26 pm......... 8:23 pm......... 8:21 pm
7/4/2005....................... CDT............. EST............. EST............. ................ CDT............. EST............. ................ EST............. EST
Sunrise...................... 5:33 am......... 5:28 am......... 5:29 am......... ................ 5:18 am......... 5:16 am......... ................ 5:22 am......... 5:14 am
Sunset....................... 8:16 pm......... 8:20 pm......... 8:15 pm......... ................ 8:24 pm......... 8:23 pm......... ................ 8:16 pm......... 8:16 pm
7/4/2006....................... CDT............. EDT............. EDT............. CDT............. CDT............. EDT............. CDT............. EDT............. EDT
Sunrise...................... 5:33 am......... 6:28 am......... 6:29 am......... 5:29 am......... 5:18 am......... 6:16 am......... 5:16 am......... 6:22 am......... 6:14 am
Sunset....................... 8:16 pm......... 9:20 pm......... 9:15 pm......... 8:15 pm......... 8:24 pm......... 9:23 pm......... 8:23 pm......... 9:16 pm......... 9:16 pm
10/31/2005..................... CST............. EST............. EST............. ................ CST............. EST............. ................ EST............. EST
Sunrise...................... 6:15 am......... 7:17 am......... 7:13 am......... ................ 6:18 am......... 7:16 am......... ................ 7:12 am......... 7:11 am
Sunset....................... 4:52 pm......... 5:49 pm......... 5:59 pm......... ................ 4:43 pm......... 5:41 pm......... ................ 5:43 pm......... 5:37 pm
10/31/2006..................... CST............. EST............. EST............. CST............. CST............. EST............. CST............. EST............. EST
Sunrise...................... 6:15 am......... 7:17 am......... 7:13 am......... 6:13 am......... 6:18 am......... 7:16 am......... 6:16 am......... 7:12 am......... 7:10 am
Sunset....................... 4:52 pm......... 5:49 pm......... 5:49 pm......... 4:49 pm......... 4:43 pm......... 5:41 pm......... 4:41 pm......... 5:44 pm......... 5:38 pm
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KEY: CST--Central Standard Time.
CDT--Central Daylight Time.
EST--Eastern Standard Time.
EDT--Eastern Daylight Time.
Source: U.S. Naval Observatory Astronomical Applications Department: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://aa/usno.navy.mil/data/docs
/RS_OneDay.html.
As noted in a chart of select Indiana cities, the effect of
Daylight Saving Time is the equivalent of moving one time zone to the
east. This means that, by remaining on Eastern Standard Time year-
round, the Eastern Time Zone portion of Indiana has been on the same
time as New York in the winter (5 months) and on the same time as
Chicago in the summer (7 months), resulting in the entire state being
on the same time for 7 months of the year. The impact of State
legislation (discussed in more detail below) to observe Daylight Saving
Time throughout the State beginning in 2006 is that, in the summer, the
time of sunrise and sunset on eastern Daylight Saving Time will be an
hour later than it currently is under year-round Eastern Standard Time.
There will be no change in the sunrise and sunset times during the
winter when Eastern Standard Time will continue to be observed. Central
Time Zone counties will continue to observe Daylight Saving Time in
summer months as they have done previously.
Indiana's Decision To Observe Daylight Saving Time
In 2005, the Indiana General Assembly adopted legislation (Indiana
Senate Enrolled Act 127 or ``the Indiana Act'') providing that the
entire State of Indiana will observe Daylight Saving Time beginning in
2006. In addition, the Indiana Act addressed the issue of changing the
location of the boundary between the Eastern and Central Time Zones.
The Indiana Act stated that, ``[T]he [S]tate supports the county
executive of any county that seeks to change the time zone in which the
county is located under the procedures established by Federal Law.''
The Indiana Act also provided that, ``The governor and the general
assembly hereby petition the United States Department of Transportation
to initiate proceedings under the Uniform Time Act of 1966 to hold
hearings in the appropriate locations in Indiana on the issue of the
location of the boundary between the Central Time Zone and the Eastern
Time Zone in Indiana.'' Finally, the Indiana Act requested DOT to
refrain from changing the time zone of any county currently located
within the Central Time Zone and five counties near Cincinnati and
Louisville.
Legal Standards and Procedures Concerning Changes to Time Zone
Boundaries
Statutory Requirements
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.'' 15 U.S.C. 261.
DOT Procedures to Change a Time Zone Boundary
The Department has typically used a set of procedures to address
time zone issues. Under these DOT procedures, the Department will
generally begin a rulemaking proceeding if the highest elected
officials in the area provide adequate supporting data for the proposed
change. We ask that the petition include, or be accompanied by,
detailed information supporting the requesting party's contention that
the
[[Page 3230]]
requested change would serve the convenience of commerce. The principal
standard for deciding whether to change a time zone is defined very
broadly to include consideration of all the impacts upon a community of
a change in its standard of time. DOT has developed a series of
questions to assist communities and use in determining the impact of a
time zone change on the ``convenience of commerce.'' We ask that
petitions for a time change address, at a minimum, each of the
following questions in as much detail as possible.
1. From where do businesses in the community get their supplies,
and to where do they ship their goods or products?
2. From where does the community receive television and radio
broadcasts?
3. Where are the newspapers published that serve the community?
4. From where does the community get its bus and passenger rail
services; if there is no scheduled bus or passenger rail service in the
community to where must residents go to obtain these services?
5. Where is the nearest airport; if it is a local service airport,
to what major airport does it carry passengers?
6. What percentage of residents of the community work outside the
community; where do these residents work?
7. What are the major elements of the community's economy; is the
community's economy improving or declining; what Federal, State, or
local plans, if any, are there for economic development in the
community?
8. If residents leave the community for schooling, recreation,
health care, or religious worship, what standard of time is observed in
the places where they go for these purposes?
In addition, we consider any other information that the county or
local officials believe to be relevant to the proceeding. We look at
the distance each county is from the current time zone boundary, the
proximity of each county to important metropolitan areas, and where the
major roads and bridges are located. We have been reluctant to create
``islands of time'' by placing one county in a different time zone from
all its neighboring counties in the State; we also consider the effect
on economic, cultural, social, and civic activities between neighboring
counties in making our decisions.
History of This Proceeding
On July 15, 2005, the Department sent a letter to Governor Daniels
responding to the Indiana Act and letters from the Governor. Our letter
noted that it is our normal practice, in implementing our
responsibilities under the Uniform Time Act with respect to the
location of time zone boundaries, to take action on specific requests
for change in the time zone boundaries for a particular jurisdiction
from the elected officials of that jurisdiction. After receiving a
request, we review it and the supporting data to then determine whether
the issuance of an NPRM is justified. If justified, we issue an NPRM to
propose a change. After the close of the comment period on the NPRM, we
review all comments and take appropriate final action.
DOT Notice Inviting Petitions
On August 17, 2005, DOT published a notice in the Federal Register
inviting county and local officials in Indiana that wished to change
their current time zone in response to the Indiana Act to notify DOT of
their request for a change by September 16, 2005 and to provide data in
response to the questions enumerated above. In addition, DOT announced
the opening of an internet-accessible docket, OST Docket No. 2005-22114
(http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&
log=linklog&to=http://dms.dot.gov) to receive any petitions and other relevant
documents concerning the appropriate placement of the time zone
boundary in the State of Indiana.
Petitions Received
We received nineteen petitions from counties asking to be changed
from the Eastern Time Zone to the Central Time Zone. Two of the
counties (Fountain and Benton) subsequently withdrew their request.
In general, the petitions were clustered in the northwest (St.
Joseph, Starke, Marshall, Pulaski, Fulton, Benton, White, Carroll and
Cass Counties) and the southwest (Sullivan, Knox, Daviess, Martin,
Lawrence, Pike, Dubois and Perry Counties). In the central portion of
western Indiana, only Vermillion County asked to be changed to central
time.
Other Communications From Local Officials
We also received a number of letters from counties and cities
advising us that they had considered whether to petition for a change
and, at this time at least, were satisfied with their current time zone
boundary or wished to stay in the same time zone as Indianapolis, which
is located in Marion County and is in the Eastern Time Zone. Those
counties included Warren, Monroe, Orange, Steuben, Noble, Hendricks,
Jefferson, Crawford and Jay. The cities of Whiting, Hebron, and Munster
also filed letters expressing satisfaction with their current time
zone.
Notice of Proposed Rulemaking
On October 31, 2005, DOT published a notice of proposed rulemaking
(NPRM) in the Federal Register tentatively proposing to relocate the
time zone boundary in Indiana to move St. Joseph, Starke, Knox, Pike,
and Perry Counties from the Eastern Time Zone to the Central Time Zone
at the request of their County Commissioners. We tentatively proposed
not to change the time zone boundary to move Marshall, Pulaski, Fulton,
Benton, White, Carroll, Cass, Vermillion, Sullivan, Daviess, Dubois,
Martin, and Lawrence Counties from the Eastern Time Zone to the Central
Time Zone based on our evaluation of the petitions from the
commissioners in these counties.
Based on the petitions and the supporting data filed by their
County Commissioners, we found that St. Joseph, Starke, Knox, Pike, and
Perry Counties provided enough information to justify proposing to
change those counties from the Eastern to the Central Time Zone. St.
Joseph, Starke, Knox, Pike, and Perry County addressed all, or
virtually all, of the factors that we consider in these proceedings to
indicate a reasonable possibility that changing to the Central Time
Zone would serve ``the convenience of commerce.'' In addition, we
considered each county's geographic location compared to the current
time zone boundary and how closely interrelated neighboring counties
appeared to be. The specific reasons for granting the petitions for
each of these counties differ based on the facts specific to each case.
We did not include all the counties that petitioned, for a number
of reasons. Some presented almost no arguments or supporting data on
why it would be appropriate to change the time zone boundary. Others
addressed all, or most, factors but acknowledged that they had a
significant connection with the Eastern Time Zone. A number of counties
focused on the potential change to their neighbors' time zone, and
seemed to be more concerned with staying in the same time zone as their
neighbors than in changing their time zone. In other cases, the
counties seemed to be equally connected to the Eastern and Central Time
Zones.
In the NPRM, we noted that the amount of data provided in the
petitions varied substantially among counties. Under our normal
procedures, we do not take action unless the county makes a clear
showing that the proposed change would meet the statutory standard. We
recognized, however, that this is an unusual case because of the
[[Page 3231]]
number of counties involved, their relationship to each other and to
other neighboring counties, and the circumstances leading up to the
petitions. Although the counties that we proposed to move to a
different time zone provided adequate supporting data to justify the
issuance of an NPRM, we noted that we would critically review contrary
and supporting information that may be provided by others, and any
other related comments and data prior to issuing a final rule. We said
that if additional information was provided to indicate that the time
zone boundary should be drawn differently, either to include counties
excluded or to exclude counties that were included in the proposal, we
would make the change at the final rule stage of this proceeding. We
also announced that we would hold public hearings.
We provided 30 days for public comments in this proceeding and also
said we would consider late filed comments to the extent practicable.
Notice of Public Hearings
On November 8, 2005, DOT announced the time and location of four
public hearings to gather information concerning the effects of
changing time zone boundaries in Indiana. The objective of these
hearings was to provide State and local government representatives and
the public an opportunity to comment on DOT's proposal concerning the
time zone boundary in 18 Indiana counties that petitioned for a time
zone change. To aid us in our consideration of whether a time zone
change would be ``for the convenience of commerce,'' the statutory
standard for changing time zone boundaries, DOT sought comments at the
hearings on how the time zone change impacts on such things as
economic, cultural, social, and civic activities and how time zone
changes affect businesses, communication, transportation, and
education.
The Public Hearings
An Overview
DOT held public hearings in Jasper, Logansport, South Bend, and
Terre Haute. These hearings were chaired by Judy Kaleta, a career
senior official in DOT's Office of the General Counsel. Each of the
hearings received extensive media coverage, including live internet
broadcast of the Logansport and South Bend hearings, and TV, radio, and
newspaper reports on the hearings and the proposed changes in time zone
boundaries.
The Department utilized a similar format to receive comments on the
time zone issue at each hearing. The DOT representative described the
process that DOT uses to set time zone boundaries. There was an
opportunity for clarifying questions on her remarks. This was followed
by presentations by county government representatives who had requested
an opportunity to speak. If the government representative spoke on
behalf of a county that petitioned for a change to the county time zone
boundary, he or she was asked to explain how the change would be for
the convenience of commerce, the statutory standard. After these
presentations, other State and local government representatives had an
opportunity to comment, followed by the public. Speakers were requested
to complete speaker registration cards and include a time zone
preference and reasons for the preference. The hearings were recorded
and the speaker registration cards, audiotapes, videotapes, and a DVD
for the hearings are in the rulemaking docket, OST Docket No. 2005-
22114.
Public interest in this issue was illustrated by the many persons
who participated in meetings lasting as long as almost 6 hours. The
reasons for staying on the Eastern Time Zone or switching to the
Central Time Zone were as varied as the individuals making the
presentations. Many noted a preference for having all of Indiana in one
time zone, wanting to keep things as simple as possible, not wanting a
time zone boundary line ``meandering through the State,'' causing
confusion. Some of those persons favoring one time zone expressed a
time zone preference while others did not, seeking only a single time
zone for the entire State. People often stated that they would put
their personal preferences aside in the best interest of the
communities. Business owners sometimes noted that they would support
whatever decision was made and would adjust accordingly.
Some provided the hearing official with anecdotes on how the time
zone in the county in which they lived affects their lives, both
personal and professional, from their ability to watch their favorite
sports teams and television shows to commuting to and from work. Others
presented statistics relating to sunrise and sunset times, latitude and
longitudes for time zones, worker commuting patterns in the region, and
government-established economic development, transportation, school,
and commerce regions. The reasons for staying in the current time zone
or wanting to change ranged from a short one-issue rationale to
multiple rationales, mostly presented in prose. The hearing official
noted, however, that one poem and one song were presented at the
hearings. Most expressed a strong passion for the issue. Some relied on
humor to make their point. For example, one person referred to an
episode from the TV show ``The West Wing,'' which did a segment on the
time confusion in Southern Indiana.
Some talked about the difficulty of family life when one parent
works in a county in the Eastern Time Zone and another works in the
Central Time Zone. One mother talked about the problem of arranging
child custody with her former husband because they lived in different
time zones. Another mother mentioned her concern about leaving her
autistic son in the dark to wait for a bus, when she had to leave for
work. Parents also talked about the difficulty of finding after-care
programs for their children, scheduling appointments, or dealing with
after school events in counties on different time zones.
Other persons talked about the effects on their businesses. There
were presenters from the Indiana Chamber of Commerce, which appeared at
every hearing, and local chambers of commerce as well as business
owners. The Indiana Chamber of Commerce ``believes it is paramount to
the future growth of our state that the 82 counties currently on
Eastern Standard Time stay on Eastern Time'' because ``a preponderance
of Hoosier business and normal daily activities (e.g. schooling,
shopping, recreation, health care and religious worship) are done
within areas observing Eastern Daylight Saving Time (EDT).'' The
Indiana Chamber of Commerce submitted various data in support of its
position, including import-export figures, safety and energy arguments,
Indiana media/commerce markets, sunrise-sunset options, and county
profiles from the STATS Indiana website. Other business concerns ranged
from employee satisfaction and attendance issues to delivery schedules
in various time zones, to dealing with home or regional offices in
other parts of the county, on Eastern, Central, Mountain, and Pacific
time zones.
Several speakers presented information for the record at the
hearing. A copy of their remarks, letters, maps, etc. have been
submitted to the docket. Other speakers personally submitted comments
to the docket and in some instances spoke at more than one hearing or
provided comments to the hearing official at the hearing and also took
advantage of the opportunity to provide videotaped comments at the
South Bend hearing.
Many persons expressed frustration in dealing with living and
working in
[[Page 3232]]
different time zones and missing appointments due to time zone
confusion. Some favored changing time zones, but only if other
adjoining counties changed. No clear consensus emerged from the
comments made at the hearings. Opinions varied widely depending upon
interests and perspectives.
The Logansport Hearing
On November 13, 2005, 34 persons provided comments at the McHale
Performing Arts Center, Logansport Community High School, at a hearing
that lasted more than 4 hours. County commissioners from Carroll, Cass,
and Fulton Counties spoke in support of their petitions. Starke County
Commissioners, one who voted to support Starke County's request to move
to the Central Time Zone and one who was absent on the date the
commissioners voted but would have voted to keep Starke County in the
Eastern Time Zone (based on health care, work schedules and shopping)
also presented their opposing views at the hearing. The President of
the Pulaski County Council spoke in favor the Pulaski County petition
and also noted the difficulty of being a border county and suggested
that the entire state be on the same time. Other elected officials at
the hearing included State Representative Steve Heim and State Senator
Vic Heinhold , both supporting Starke County's request to be moved to
the Central Time Zone.
Business interests favoring the Eastern Time Zone were represented
by the Indiana Chamber of Commerce, among others. There were also
business interests favoring the Central Time Zone. For example, the
Director of the Pulaski Community Development Commission presented
information from the two major employers in the County who favored the
Central Time Zone as well as from other employers.
Citizens from the following petitioning counties also spoke at the
hearing or filled out a speaker's registration card: Cass, Carroll,
Pulaski, St. Joseph, Starke, and White. In addition, there were
speakers from the following non-petitioning counties: Allen,
Bartholomew, Howard, Monroe, and Newton. The majority of the speakers
and non-speakers who filled out speaker's registration cards (but left
before being called upon) expressed their opinion that Indiana should
be on the same time zone, favoring Central time, a result inconsistent
with the Indiana Act and DOT's notice of proposed rulemaking.
The Terre Haute Hearing
The second hearing was held on November 14, 2005, in Terre Haute,
at the Hulman Center Meeting Room Complex, Indiana State University.
Thirty-six persons spoke at the hearing, including several public
officials. County Commissioners from Sullivan and Vermillion Counties
provided comments in support of their county's petitions. State
Representative Clyde Kersey spoke in favor of the Central Time Zone. In
addition, the county commissioner of Vigo County commented at the
hearing, saying that the entire state should be on the same time zone.
Business interests were represented by the Indiana Chamber of Commerce
and the Terre Haute Chamber of Commerce as well as individual business
persons.
Citizens from the following petitioning counties also spoke at the
hearing or filled out a speaker's registration card: Sullivan and
Vermillion. In addition, there were speakers from the following non-
petitioning counties: Monroe, Parke, and Vigo. There was also one
speaker from Edgar County, Illinois, which borders Sullivan County.
Most said that they preferred that the entire state be moved to the
Central Time Zone, even those citizens from non-petitioning counties,
citing a variety of reasons including sunrise/sunset times and shopping
convenience. The majority of residents from Vigo County, which did not
petition for a time zone change, favored the Central Time Zone. Those
who favored the Eastern Time Zone said that the time should be the same
as Indianapolis.
The Jasper Hearing
Over 200 people attended the third hearing in Jasper, at the Jasper
Arts Center on November 16, 2005, at a hearing that went on for over
five hours. Sixty-seven persons presented comments to the presiding
official. These included County Commissioners from the petitioning
counties of Dubois, Knox, Lawrence, Martin, and Pike, all of them
supporting their requests to be moved to the Central Time Zone. An
attorney who submitted Perry County's petition spoke at the hearing in
support of the County's petition. In addition, several of these county
representatives also spoke in support of their neighboring county's
petition. For example, the Perry County representative said it was
``very important'' for Perry and Dubois County to be on the same time
zone because of the ``significant'' number of Perry County residents
who work in Dubois County.
Many other elected officials from both State and local government
spoke at the Jasper hearing, including two State Representatives, a
county commissioner from a non-petitioning county, and several mayors
from cities within the petitioning counties.
Citizens from the following petitioning counties also spoke at the
hearing or filled out a speaker's registration card: Daviess, Dubois,
Lawrence, Martin, Perry, and Pike. Those favoring the Central Time Zone
noted that they received the local news from Evansville in the Central
Time Zone. In addition, they referred to safety, economic, medical, and
shopping in support of their Central Time Zone position. Those favoring
the Eastern Time Zone often referred to business or recreation reasons.
Business interests were represented by the Indiana Chamber of
Commerce and several local chambers as well as a development
corporation. Many business owners and workers spoke at the Jasper
hearing, with mixed positions on the appropriate time zone.
The South Bend Hearing
On November 21, 2005, at the Student Activity Center, Indiana
University, South Bend Campus, more than 200 people attended the public
hearing. Because of the high volume of interested speakers and to
accommodate all interested speakers, each speaker was limited to 3
minutes for comment and given an opportunity to present comments to the
presiding official or to have their comments videotaped on site in a
separate room, or to file written comments on a form provided by DOT.
Ninety-six persons presented comments to the presiding official in a
hearing that lasted almost 6 hours. Eighty-seven persons chose to
videotape their testimony and their comments were subsequently reviewed
by the same presiding official. (Some did both, wanting to have
additional time.) Sixty-two persons filed written comments at the
hearing on a form that DOT made available at the hearing to ensure that
people who did not want to wait to speak would have an additional way
to present their views to the Department.
Commissioners from Fulton, Marshall, Starke, and St. Joseph spoke
in support of their petitions. Many other elected officials from both
State and local government spoke at the South Bend hearing, including
three State Senators, two State Representatives, county commissioners
from non-petitioning neighboring counties, and several mayors and
council members
[[Page 3233]]
from cities within both the petitioning counties and non-petitioning
neighboring counties.
Business interests were represented by groups such as chambers of
commerce as well as individual businesses. Education interests were
concerned parents as well as an educational institution. Individuals
also discussed transportation issues, which were also addressed by a
transportation service provider. Media concerns were addressed by a
viewers as well as a local television station.
Citizens from the following petitioning counties also spoke at the
hearing or filled out a speaker's registration card: Fulton, Marshall
and St. Joseph. In addition, there were speakers from the following
non-petitioning counties: Elkhart, Howard, Porter, Allen, and Cass
County, Michigan.
Comments to the Docket--An Overview
There were over 6000 entries to the docket in this proceeding in
addition to the entries resulting from the public hearings. These
included county petitions and supplementary information, letters from
elected officials including the Governor, several Congressmen, State
Senators and Representatives, mayors, city and county council members,
businesses and local Chambers of Commerce, community associations, and
interest groups. Thousands of comments were filed by individuals
expressing their personal interests and preferences as well as their
views on how a time zone change would be for the convenience of
commerce.
Comments were made by the residents of both petitioning counties
and non-petitioning counties. We also received comments from persons in
Michigan, Kentucky, Ohio, and Illinois who felt that they may be
impacted by any change to time zone boundaries in Indiana. For example,
we received comments regarding the potential impacts on Cass County,
Michigan, if St. Joseph County were placed in a different time zone
from the greater Michiana area. In addition, comments were filed to the
docket by citizens from counties that did not petition for a time zone
change expressing concern that their county did not petition for a time
zone change or that their county did not hold a public hearing on the
issue. We have reviewed the petitions from all of the counties, the
additional information they provided, and all other comments to the
docket.
Out of 6142 comments to the docket that we reviewed as of December
30, 2005, 2057 or 33% favored a change to the Central Time Zone, 3040
or 50% favored remaining in the Eastern Time Zone, and 1045 or 17% fell
into the ``other'' category, meaning that they expressed no preference
between Eastern or Central Time, only that Indiana be in the same time
zone, or that their county be on the same time as surrounding counties,
or that they had concerns about the State legislature's adoption of
Daylight Saving Time. Detailed breakdowns for each county have been
included in charts that are found at the end of this discussion and do
not include detailed breakdowns from the hearings. We have included
these figures as an indication of the diversity of opinion and lack of
consensus on the issue of time zones in Indiana among those who
commented. Our decision whether to change the time zone boundary,
however, is not based on the number of persons supporting a particular
time zone. Rather, as noted above, the statutory standard for decisions
to move an area from one time zone to another is ``regard for the
convenience of commerce and the existing junction points and division
points of common carriers engaged in interstate or foreign commerce''
and the information provided by commenters helps us make this decision.
This standard is defined very broadly by the Department to include
consideration of all the impacts upon a community of a change in its
time zone.
The commenters suggested a wide variety of approaches to
establishing time zone boundaries in Indiana including moving their
county to the Central Time Zone, keeping their county in the Eastern
Time Zone, placing all of the State in the Eastern Time Zone, placing
all of the State in the Central Time Zone, placing all of the State in
the Central Time Zone with the exception of Indianapolis in Marion
County and the counties surrounding Marion, and maintaining the current
time zone boundaries. The primary reasons given by those in favor of
the Central Time Zone include the benefit to commerce and increasing
availability for communication with customers on the West coast;
astronomical, referring to the time at which the sun is directly
overhead as compared to clock time; geographic location of the State,
with closer ties to Chicago and the Midwest compared to New York and
the East coast; safety of school children waiting for school buses in
the morning; and employment-related reasons such as wanting to live in
and work in counties on the same time zone. Primary reasons given by
those in favor of the Eastern Time Zone include commerce, because
Indianapolis, the state capital, and the majority of the State is on
the Eastern Time Zone; recreation and quality of life which they say is
improved by having more daylight in the evening to spend time with the
family or outdoors; and safety of the motoring public, because there
are more daylight hours in the evening.
Commenters provided a wide variety of data on sunrise/sunset times,
economic development and trends, commuting patterns, school districts
and institutions of higher learning, effects upon transportation
services, and the location of cultural and recreational activities.
Discussion of Comments Applicable to All Petitioning Counties
A substantial number of the commenters, both in written submissions
and at the public hearings, repeatedly raised three issues that they
argued should or should not result in a change in the time zone
boundary for particular petitioning counties: (1) ``Natural time zone''
or ``simple geography;'' (2) regional connections; and (3) safety of
the children. Commenters favoring a move to the Central Time Zone
relied upon the ``natural time zone'' or ``simple geography'' position
and concerns about the safety of the children. On the other hand, the
effects of regional connections were raised by both opponents and
proponents of time zone changes.
These three issues were raised with regard to every petition filed.
Rather than repeating these matters in the summary of the comments on a
county-by-county basis, we have summarized them below and responded to
these comments in this section. They have been considered in making our
decision for changing the time zone boundary in each county.
``Natural Time Zone'' or ``Simple Geography''
Both at the hearing and in written comments, there were repeated
references to astronomical and geographic indicators for time zone to
support the position for the Central Time Zone. Leading proponents of
this position were Hoosiers for Central Time, started by David Kinney,
a drive-in movie theatre owner, and Jeff Sagarin. Commenters noted that
time zones are established geographically by the earth's 24 hour
rotation and the 360 degrees of the earth's circumference. Based on
geography, they explained that the geographic boundary between the
Eastern and Central Time Zones is at the 82.5 degree line of longitude
which is in Ohio, not Indiana. They also noted that
[[Page 3234]]
the geographic center of the Central Time Zone is located in Illinois
and, therefore, ``the entire state of Indiana is well within the
natural boundaries of the central time zone.'' From an astronomical
perspective, commenters stated that the sun should be overhead at noon
and that, under Eastern Daylight Time, the sun would not reach its
highest point until 2 p.m. and set at 9:15 p.m. in the summer in some
parts of Indiana. They complained of being ``out of sync'' with the
sun. They argued, therefore, that all of Indiana should be moved to the
Central Time Zone, as it was from 1918 to 1961.
The Department is mindful of the value and ease of setting time
zones based on simple geography. Congress has recognized, however, that
natural time and simple geography do not address the complexity of
modern life. Accordingly, in addition to establishing time zones based
simply on longitudinal lines, Congress adopted a standard for time zone
decisions: ``Regard for the convenience of commerce and the existing
junction points and division points of common carriers engaged in
interstate or foreign commerce.'' It is DOT's responsibility to
consider requests for changes in time zone boundaries in light of the
statutory standard, bearing in mind the need to address the effect on
economic, cultural, social, and civic activities between neighboring
counties in making decisions. Furthermore, DOT does not have a
statewide proposal before it nor has the Indiana legislature endorsed
such an approach. It is, therefore, beyond the scope of this proceeding
to consider such a significant change to the State's time zone
boundaries.
Regional Connections
As noted above, DOT has developed a series of questions to assist
communities and us in determining the impact of a time zone change on
the ``convenience of commerce.'' We asked that petitioning counties and
commenters discuss how the time zone change impacts such things as
economic, cultural, social, and civic activities and how time zone
changes affect businesses, communication, transportation, and
education. In responding to these questions at both the public hearings
and in written submissions to the docket, many commenters referred to
regional connections. As one commenter put it, DOT ``should be
recognizing cohesive areas with time zone lines--not creating further
divisions.''
Petitioning counties advocating for a move to the Central Time Zone
referred to their ties to other Indiana counties currently on the
Central Time Zone. Petitioning counties in the northwest answered DOT's
questions by referring to their ties to Chicago for media,
transportation, and business; the southwest counties referred to their
connections to Evansville. Petitioning counties also talked about
wanting to be on the same time zone as their neighboring counties, and
often mentioned that they were aware that their neighboring counties
were also petitioning for change. Several commissioners spoke at the
public hearings and submitted letters in support of their neighbor's
petitions. Similarly, counties that chose not to seek a time zone
change opposed neighboring county's petitions in the interest of
keeping the region on the same time zone. For example, Elkhart County,
opposing St. Joseph County's petition, referred to the need to keep the
Michiana region (neighboring Michigan counties and St. Joseph,
Marshall, Elkhart, and Kosciusko Counties) in the same time zone.
Many of the petitioning counties and commenters referred to data
from STATS Indiana, an information service of the Indiana Business
Research Center at Indiana University's Kelly School of Business. This
includes Indiana Annual Commuting Trends Profile, based on Indiana IT
40 returns for tax year 2003. The Commuting Trends Profile shows
county-by-county commuting patterns both into and out of the county.
Commenters also referred to data from the Indiana Economic Development
Corporation (IEDC), the State of Indiana's lead economic development
agency, established in February 2005 to replace the former Department
of Commerce. IEDC focuses its efforts on growing and retaining
businesses in Indiana and attracting new business to the State of
Indiana. It has identified 5 geographic areas of commerce for purposes
of its programs. Commenters also referred to data from Indiana
Department of Workforce Development, which manages and implements
employment programs and unemployment insurance systems, and facilitates
regional economic growth initiatives for Indiana. The Indiana
Department of Workforce Development has identified 11 regions of
economic activity. Commenters noted that the Indiana Department of
Transportation has established Indiana transportation districts,
dividing Indiana into 6 regional transportation networks, and that the
Indiana Department of Education has divided the State into 9 education
service centers.
With regard to media, the Indiana Chamber of Commerce provided a
map identifying Indiana Media/Commerce Markets, listing as its source
2004 Survey of Buying Power, Sales & Marketing Magazine, September
2004. In addition, several commenters including television broadcasting
stations referred to Designated Media Markets as defined by the Nielsen
for use in television ratings. A few commenters referred to the Federal
Communication Commission Designated Viewing Areas.
In supporting their claims that a time zone change should or should
not be made, commenters relied upon these regional divisions,
districts, areas, or markets in order to demonstrate how the change
would be consistent or in conflict with a particular regional entity or
state designation. For example, a commenter at the Jasper hearing, Greg
Wathen, the Executive Director for the Perry County Development
Corporation, spoke in favor of Perry County's petition to move to the
Central Time Zone and asked ``that the same consideration be given for
those other counties within our region.'' In support of his position,
he extensively referred to the various Indiana agencies noted above
that defined regional areas of economic activity and commerce.
The Department has summarized information concerning regional
connectivity in the following charts:
Northern 1 Indiana Regional Configurations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Economic Workforce Commerce Media and commerce
County IEDC 2 growth 3 4 5 Transportation 6 Education 7 market 8\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Petitioning Counties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Carroll......................... C.................. 4 4 5 La Porte........... Wabash Valey....... Lafayette.
Cass............................ NC................. 4 5 4 La Porte........... Wabash Valley...... Indianapolis.
Fulton.......................... NC................. 2 5 2 La Porte........... N. Indiana......... South Bend.
[[Page 3235]]
Marshall........................ NC................. 2 2 2 La Porte........... N. Indiana......... South Bend.
Pulaski......................... NW................. 1 1 2 La Porte........... N. Indiana......... South Bend.
St. Joseph...................... NC................. 2 2 2 La Porte........... N. Indiana......... South Bend.
Starke.......................... NW................. 1 1 2 La Porte........... N. Indiana......... South Bend.
White........................... C.................. 4 4 5 La Porte........... Wabash Valley...... Lafayette.
---------------------------------
Non-Petitioning Counties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Elkhart......................... NC................. 2 2 2 Fort Wayne......... N. Indiana......... South Bend.
Kosciusko....................... NC................. 2 2 2 Fort Wayne......... N. Indiana......... South Bend.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Central Indiana Regional Configurations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Economic Media and commerce
County IEDC growth Workforce Commerce Transportation Education market
--------------------------------------------------------------------------------------------------------------------------------------------------------
Petitioning Counties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vermillion...................... C.................. 7 7 6 Crawfordsville..... West Central....... Terre Haute.
Sullivan........................ SW................. 7 7 6 Vincennes.......... West Central....... Terre Haute.
---------------------------------
Non-Petitioning Counties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vigo............................ C.................. 7 7 6 Crawfordsville..... West Central....... Terre Haute.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Southern Indiana Regional Configurations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Economic Media and commerce
County IEDC growth Workforce Commerce Transportation Education market
--------------------------------------------------------------------------------------------------------------------------------------------------------
Petitioning Counties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Daviess......................... SW................. 8 11 11 Vincennes.......... S. Indiana Ed...... Terre Haute.
Dubois.......................... SW................. 11 11 11 Vincennes.......... S. Indiana Ed...... Evansville.
Knox............................ SW................. 11 11 11 Vincennes.......... S. Indiana Ed...... Terre Haute.
Lawrence........................ SW................. 8 8 10 Vincennes.......... S. Indiana Ed...... Indianapolis.
Martin.......................... SW................. 8 11 11 Vincennes.......... S. Indiana Ed...... Terre Haute.
Perry........................... SW................. 11 11 11 Vincennes.......... S. Indiana Ed...... Evansville.
Pike............................ SW................. 11 11 11 Vincennes.......... S. Indiana Ed...... Evansville.
---------------------------------
Non-Petitioning Counties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Orange.......................... SW................. 8 12 12 Vincennes.......... S. Indiana Ed...... Louisville.
Crawford........................ SW................. 10 12 12 Vincennes.......... S. Indiana Ed...... Louisville.
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 Indiana's Regional Configurations, Stats Indiana from Indiana Business Research Center.
2 Indiana's Economic Development Corporation recognizes 5 areas of commerce.
3 Indiana's Department of Workforce Development created 11 regions of economic activity.
4 http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to
=http://www.in.gov/dwd/job_seekers/job_seekers_workforce_centers_regional_map.html.
5 Indiana Business Research Center, an outreach service of the Kelley School of Business at Indiana University.
6 Indiana Department of Transportation has divided the State into 6 regional transportation districts. http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.in.gov/dot/div/traffic/districts/
index.html.
7 Indiana Department of Education has divided the State into 9 education service centers. http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://doe.state.in.us/htmls/esc.html.
8 Indiana Chamber of Commerce, Source of Information, Survey of Buying Power, Sales and Marketing Magazine, September 2004.
DOT has carefully reviewed this data and utilized it in reaching
its decision. DOT recognizes the importance of regional connections and
the benefits of similar time zones and regional ties among counties.
Remaining in the same time zone and maintaining their regional ties
better position counties to realize advantages in economic, cultural,
social, and civic activities, thereby serving the convenience of
commerce.
Safety of the Children
Many commenters expressed concern about the impact of the time zone
boundaries on children. Some concerned parents commented that, for
safety reasons, their children should not have to be standing at the
bus stop on rural roads when it is still dark outside and, therefore,
urged a move to the Central Time Zone. Other concerned parents stated
that there was no statistical data concerning early morning incidents
involving children waiting for buses and said that they preferred that
their children have an extra hour of daylight at the end of the day to
allow them to spend more time outdoors to get exercise. A few
commenters talked about an obesity problem in children who did not
exercise and suggested it was better to have more daylight in the
afternoon so that children could play sports or otherwise be active
outdoors. They favored, therefore, keeping counties in the Eastern Time
Zone. A few other
[[Page 3236]]
commenters mentioned student drivers. They noted that student drivers
``have very limited driving skills'' and would ``drive to school in the
dark and often times in hazardous road conditions.''
One commenter, who spoke at the South Bend hearing and subsequently
filed a comment, Mark Catanzarite, who serves on the St. Joseph County
Council and is a firefighter/paramedic, referred to Executive Order
13045--Protection of Children from Environmental Health Risks and
Safety Risks. Noting that St. Joseph County is highly populated while
its neighboring counties of Marshall, Starke, Fulton, and Pulaski are
more rural, he described the harsh Northern Indiana winter weather. He
said that the petitioning counties in Northern Indiana are subject to
numerous fog and snow delays each school year. ``The difference between
a two and three hour delay is the critical factor in determining if
school will be cancelled. Anything more than a two-hour delay
automatically cancels classes for the day and lost time is costly.''
Several working parents talked about the problems that school delays
caused for them in terms of missing work or arranging for child care.
John Gaski, a university professor, also referred to Executive Order
13045 in a comment to the docket. He noted a National Bureau of
Standards report that, according to Mr. Gaski, found that there were
``more fatalities to children from morning darkness.'' He questioned
whether a final rule putting the region in the Eastern Time Zone would
violate the Executive Order.
Other commenters said that the argument about school children
waiting in the dark should not be used to support a move to the Central
Time Zone. For example, the Indiana Chamber of Commerce provided
information on the safety case. The Chamber noted ``[d]arkness in the
morning at bus stops has not proven to be a safety hazard.'' In support
of its position, the Chamber stated that a ``32-year National Study of
School Bus Safety done by the Kansas State DOE in 2003 shows that 90%
of school bus-stop accidents occur in daylight.'' In responding to the
Chamber's position, Thomas Heller wrote that the study only addressed
loading and unloading accidents and that there were no studies
presented on moving school bus accidents or the performance of
schoolchildren and academic achievement based on ``unnaturally-early
school hours.'' Although expressing concern about dark mornings, Patty
Ann Wright, a school bus driver for 23 years from Sullivan County,
stated that school bus drivers attend annual safety meetings and that
buses are inspected at least twice a year. She noted that ``[b]ecause
of this emphasis on safety, there are very few injuries to Indiana
schoolchildren while traveling on school buses.'' On the other hand,
another commenter, Gary King, asserted that ``it would be better if the
schools would change to later starting times. Educational research
supports that.''
The Department received no research or studies supporting this
assertion. Later starting times for schools is a local issue beyond the
scope of this proceeding.
Executive Order 13045, as amended by Executive Orders 13229 and
13296, defines ``environmental health risks and safety risks'' as
``risks to health or to safety that are attributable to products or
substances that the child is likely to come into contact with or ingest
(such as the air we breath, the food we eat, the water we drink or use
for recreation, the soil we live on, and the products we use or are
exposed to.'' By its terms, the Executive Order does not apply to this
matter. Nevertheless, because we have a continuing concern about
children in all our programs, we have reviewed and assessed the
comments on the impact of time zone changes on children.
Safety is the number one priority of the Department and we are
committed to improving safety of school children. No conclusive
evidence was presented, however, to indicate that the Eastern Time Zone
and morning darkness will result in increased safety risks to children.
While mornings may be dark, no commenters have provided any evidence
that school children in neighboring counties to the north in Michigan
or to the east and south in Indiana are at increased safety risk.
Moreover, no commenter cited any studies or data from the Indiana
Department of Education claiming that the time zone causes particular
problems for school children. In addition, as for the 1976 National
Bureau of Standards study referred to by Mr. Gaski, while there were
reports of increased fatalities among school-age children in the
mornings during the test period, it was impossible to determine whether
this was due to Daylight Saving Time which would have resulted in a
later sunrise. See Congressional Research Service Order Code RS22284,
Daylight Saving Time, September 27, 2005. Furthermore, in ``The
Daylight Saving Time Study,'' a September 1975 report to Congress, the
Department discussed the safety of school children going to school in
the morning darkness. The report concluded, ``it has been discovered
that in the morning school-age children fatal accidents were not
significantly different from fatal accidents in the total population.''
Laws exist to protect children getting on and off school buses. If
a bus stop is located in a dangerous place, the Department continues to
encourage individuals and local communities to talk with the school
office or transportation director about changing the location.
County-by-County Discussion of the Comments to the Docket and at the
Public Hearings Northwest Counties
St. Joseph
St. Joseph County Commissioners submitted a petition signed by the
President of the St. Joseph County Board of Commissioners and a letter
signed by 2 of the 3 commissioners requesting that St. Joseph County be
moved to the Central Time Zone. As we noted in the NPRM in which we
proposed to move St. Joseph County to the Central Time Zone, St. Joseph
County filed detailed information with its petition addressing each of
the Department's time zone factors, showing how changing to the Central
Time Zone would be beneficial for the community. The third St. Joseph
County Commissioner Mark Dobson, who dissented from the Commission's
vote for the Central Time Zone, submitted a point-by-point refutation
of almost all of the data relied upon by the majority of the
commissioners. He contended that equally persuasive data supported
keeping St. Joseph County in the Eastern Time Zone. Each of the 3
commissioners spoke at the South Bend public hearing expressing their
views.
Subsequent to the hearing, St. Joseph County Commissioner Cynthia
Bodle sent a letter to the docket enclosing resolutions adopted by La
Porte, Porter, and Lake Counties in support of locating St. Joseph
County in the Central Time Zone. She noted two common points in her
correspondence: ``first, that St. Joseph is an important centrally
located regional hub for distribution and transportation, second, that
the counties of St. Joseph, La Porte, Porter, and Lake are connected by
the unique and vital service of the Northern Indiana Commuter
Transportation District.'' Also subsequent to the hearing, St. Joseph
County Commissioner Steve Ross submitted his hearing statement and sent
a letter highlighting two ``studies.'' The first was a comment by Fort
Wayne Attorney Paul O'Malley concerning the effects of area counties
and time zone boundaries. The O'Malley comment concluded that St.
Joseph County and La Porte County are being economically damaged by the
[[Page 3237]]
present location of the time zone boundary between them. The second was
a ``review, appraisal, and statement'' by University of Notre Dame
Associate Professor of Marketing John Gaski rebutting the data provided
and assertions made by proponents of the Eastern Time Zone for St.
Joseph County, including St. Joseph County Commissioner Mark Dobson and
the Michiana Council of Governments.
Another letter reflecting the conflicting opinions from elected
officials is from the Michiana Area Council of Government (MACOG), the
Metropolitan Planning Organization representing St. Joseph, Elkhart,
and Marshall Counties. MACOG is ``funded through the Department of
Commerce (EDA) to complete regional Economic Development activities in
Northern Indiana representing Elkhart, St. Joseph, Marshall, and
Kosciusko Counties.'' In a November 21, 2005 letter, the MACOG Policy
Board encouraged us to keep the counties of St. Joseph, Marshall,
Elkhart, and Kosciusko in the same time zone. The letter noted that in
June 2005, the MACOG Policy Board voted on the issue. According to the
minutes of the meeting that were attached to the letter, as a member of
MACOG, St. Joseph County Commissioner Cindy Bodle made a motion to
``support the sending of a letter by the policy board to ask that the
four county region all remain in the same time zone.'' In addition, the
minutes note that John Zentz, Marshall County Commissioner, ``stated
his opinion that he felt that the area all being on the same time zone
was of utmost importance.'' The MACOG letter also noted that the
``MACOG Policy Board has not endorsed any one time zone for the
region.''
Based on comments made at the hearing and to the docket, there was
no consensus among elected officials from State and local governments,
who expressed conflicting views on the proposed time zone change for
St. Joseph County. Some strongly support the change; others vehemently
opposed it.
Governor Daniels, in a letter to the Department, recommended that
the Department decline to move St. Joseph County to the Central Time
Zone. He said, ``The clear preference of neighboring Elkhart County and
other nearby counties to remain in the Eastern Zone means that a
unified metropolitan region would be divided, an outcome virtually no
one advocates.''
Several Indiana State legislators expressed their opinions on the
proposed time zone change at the hearing in South Bend and in comments
to the docket. State Senator Marvin Reigsecker opposed moving St.
Joseph County to the Central Time Zone because of the county's ties to
Elkhart County. On the other hand, State Senators Pat Bauer and Vic
Heinhold supported the change to the Central Time Zone, with Senator
Bauer acknowledging regional ties to Elkhart and encouraging Elkhart to
petition for a change. State Representative Steve Heim supported moving
St. Joseph County into the Central Time Zone. State Representatives
Gerald Torr and William Friend opposed the change based on regional
ties to Elkhart, Marshall, and Kosciusko Counties. State Representative
Julie Walorski did not express a time zone preference but said that
Marshall, St. Joseph, and Elkhart Counties should be in the same time
zone.
There were also divergent views expressed by government officials
in neighboring counties. From St. Joseph County's neighbor to the east
in the Eastern Time Zone, favoring the Eastern Time Zone, were Elkhart
County Commissioners Phil Stiver, Terry Rodino, and Mike Yoder; Mayor
of Elkhart David Miller; and Jim Pettit and Arvis Dawson from the
Elkhart City Council. The principal basis for their opposition to
moving St. Joseph County to the Central Time Zone was the need to keep
the economic region in the same time zone. Both in a written submission
to the docket and at the public hearing, the Elkhart County
Commissioners emphasized that ``splitting Elkhart, St. Joseph, Marshall
and Kosciusko counties into different time zones is not prudent nor
would it have positive long term effect on the economic growth of our
region.'' The Elkhart County Commissioners, in a November 2, 2005,
statement submitted by St. Joseph County Commissioner Dobson, urged St.
Joseph County to withdraw its petition and pledged ``to work with them
to further address the time issue on a broader scale'' and to thereby
``stay a part of the Michiana community.'' On the other hand, Marlo
Harmom, county commissioner from La Porte County, St. Joseph County's
neighboring county to the west and currently located in the Central
Time Zone, supported the petition and the proposed move to the Central
Time Zone. At the hearing, the Mayor of South Bend, Stephen Luecke,
supported a change to the Central Time Zone for St. Joseph County, but
also for the entire State, to help grow industries. As Chairman of the
MACOG Policy Board, however, Mayor Luecke, in a letter to DOT asserted
that St. Joseph, Elkhart, Marshall, and Kosciusko counties should
remain in the same time zone. South Bend City Council members Charlotte
Pfiffer and Mike Crook supported a move to the Central Time Zone as did
Mayor of Mishawaka Jeff Rea.
The divergent views of public officials were also reflected in
comments to the docket. Out of 2000 comments submitted to the docket
from St. Joseph County, 913 favored the change to the Central Time
Zone, 790 favored remaining in the Eastern Time Zone, and 297 expressed
interest in keeping Indiana on the same time zone, expressing no
preference. Many of those who favored the Central Time Zone did so only
if the surrounding counties in the economic region also moved to the
Central Time Zone.
Supporters of moving St. Joseph County to the Central Time Zone
noted that St. Joseph County has been on the same time as Chicago for
much of the year. The reason for this is that while St. Joseph County
was on Eastern Standard Time and did not observe Daylight Saving Time,
7 months out of the year, from April to October, it was effectively on
the same time as its neighbors to the west who are in the Central Time
Zone. Switching to the Central Time Zone would continue any benefits
the county enjoyed during these seven months.
With regard to transportation, supporters of moving St. Joseph
County to the Central Time Zone noted that the South Shore Line, a
commuter railroad, is linked to the Central Time Zone with the South
Bend stop as the only one in the Eastern Time Zone. Favoring the
Central Time Zone, the Northern Indiana Commuter Transportation
District (NICTD) wrote in support of St. Joseph County's petition
``highlighting the fact that NICTD is the only commuter railroad in the
country that splits time zones and is the single most confusing factor
in accessing and using our service between South Bend and Chicago.''
NICTD's letter addressed ``the convenience of commerce'' and ``the
existing junction points and division points of common carriers,'' the
statutory standard that DOT considers in setting time zone boundaries.
Supporters of the Eastern Time Zone maintained that air travel
experience supported no change in time zone for St. Joseph County
because more air travel was linked to the east rather than Chicago.
With regard to questions about the sources of media coverage in
South Bend, there were comments at the hearing and to the docket that
citizens receive their news from Chicago newspapers, television, and
radio. However, other commenters claimed that the media coverage was
more
[[Page 3238]]
regional coming from South Bend primarily and covering its neighboring
counties to the west and south.
With regard to commercial interests, inconsistent positions and
data were also provided. Many businesses favored the Eastern Time Zone.
The Chamber of Commerce of St. Joseph County stated that 91% of its
survey respondents believed it was essential for Elkhart and St. Joseph
County to be in the same time zone ``due to our regional economy.'' The
Northern Indiana Workforce Investment Board strongly recommends that
St. Joseph, Elkhart, Fulton, Kosciusko, and Marshall Counties be in the
same time zone. The MACOG submission also said that businesses
supported not changing to the Central Time Zone. Individual businesses
also expressed support for the Eastern Time Zone. Finally, Chuck Bueter
at the South Bend hearing presented the presiding official with a
telephone book, noting that there were approximately 189 businesses
listed that started with Michiana. As several commenters noted, it is
the Michiana region, not ``Chicagiana.''
Other businesses, including those in the steel industry, expressed
strong support for St. Joseph County's petition to be placed in the
Central Time Zone. For example, the President of Steel Warehouse
Company, Inc. spoke at the public hearing and submitted additional
comments to the docket. He noted a number of other businesses, such as
USX and IN/Tek-In-Kote, Northwest Indiana steel mills, and trade
associations, such as Metal Service Center Institute, support move to
the Central Time Zone. He stated that his company would face a problem
``securing trucking services, which primarily emanate from the Central
Time Zone.'' Furthermore, in supporting the Central Time Zone,
Professor Gaski disputed the MACOG data and its underlying methodology.
With regard to schooling, many proponents of moving St. Joseph
County to the Central Time Zone raised the safety of children argument
discussed above, based on concerns of late sunrise times. Six school
board superintendents from Elkhart County, however, signed a joint
letter to the Department saying, ``With split time zones, students who
participate in athletics and other academic activities with schools who
are on a different time zone will mean getting home later than they
already do which is now sometimes after 10:30 p.m.-11 p.m. This could
possibly now be closer to midnight and they will be expected to be
ready for a full day of school the next day. This is ludicrous.'' In a
similar vein, James Kunze, President of Plymouth Broadcasting, Inc.
said that the school system ``would be impacted unless both counties
were on central time,'' referring to St. Joseph and Marshall Counties.
Referring to its universities, a commenter stated that the county's
largest industry is education. Ken Baierle from Indiana University
South Bend spoke in favor of St. Joseph County remaining in the Eastern
Time Zone for the convenience of the students as well as the
University, noting student commuters and offsite campuses in Elkhart
and Plymouth.
Starke
Starke County Commissioners submitted a petition to move to the
Central Time Zone based on a public hearing during which ``the citizens
of Starke County overwhelmingly favored adopting Central Daylight
Savings Time.'' In a letter accompanying the petition, the
Commissioners enumerated various ways in which changing to the Central
Time Zone would be for the ``convenience of commerce,'' including
regional ties to Chicago for the majority of their television
broadcasts and newspaper deliveries. They noted that the county is
essentially a farming community with a small manufacturing base and
submitted annual commuting data in support of their position.
As we noted in the NPRM, Starke County had been in the Central Time
Zone and it presented evidence of close ties to areas in the Central
Time Zone.
Starke County Commissioner Kevin Kroft spoke at the Logansport
public hearing and noted that Starke County had previously been located
in the Central Time Zone and that county residents support a return to
the Central Time Zone. County Commissioner Kroft along with his fellow
commissioner Mark Milo also spoke in support of their petition at the
South Bend hearing.
State Representative Steve Heim and State Senator Vic Heinhold
spoke at both the Logansport and South Bend hearings in support of
Starke County's request to be moved to the Central Time Zone and
Senator Heinhold submitted a letter to the docket supporting Starke
County's petition.
Few commenters expressed opposition to moving Starke County to the
Central Time Zone. Out of 281 comments submitted to the docket from
Starke County, 244 favored the Central Time Zone, 12 favored the
Eastern Time Zone, and 25 either expressed no preference or said that
Indiana should be on one time zone.
Marshall
Marshall County Commissioners submitted a petition in which they
enumerated reasons for the Central Time Zone. The petition listed
Marshall County's various commercial and social relationships with St.
Joseph County: Television and radio broadcasts, a newspaper, an
airport, commuters and workers, as well as schools and a university. In
addition, the County Commissioners submitted annual commuting data in
support of their position. After DOT's NPRM was proposed not to move
Marshall County to the Central Time Zone, Marshall County submitted a
resolution that requested that DOT ``reconsider approval of St. Joseph
County's petition to be relocated to Central Time and/or Marshall
County's petition.'' The reason given is that ``it is imperative that
Marshall County be on the same time zone as St. Joseph County. From an
economic standpoint, Marshall County prefers the same time zone as all
of its regional economic partners, St. Joseph, Elkhart and Kosciusko
County.''
Marshall County Commissioners Kevin Overmeyer and John Lentz spoke
in support of their petition at the South Bend hearing and introduced
Doug Auspach from the Marshall County Chamber of Commerce as a
supporter of their petition.
State Representative Steve Heim supported moving St. Joseph County
into the Central Time Zone and said at the South Bend hearing that
Marshall County was ``joined at hip'' and should also be moved. The
Mayor of Plymouth spoke in favor of moving Marshall County to the
Central Time Zone, noting regional ties to St. Joseph County.
Out of 426 comments submitted to the docket from Marshall County,
305 favored the Central Time Zone, 50 favored the Eastern Time Zone,
and 71 expressed interest in keeping Indiana on the same time zone,
expressing no preference.
Pulaski
Pulaski County Commissioners submitted a petition in which they
enumerated reasons for a move to the Central Time Zone based on
comments made during an open public meeting. County Commissioners
commented that at the open public hearing, ``There were no citizens who
were in favor of Eastern. All were in favor of leaving the time alone,
by not having to change time during the year. But, if we have to choose
one of the two, the choice would be Central Time.'' County
Commissioners noted the consideration of school children waiting during
a late
[[Page 3239]]
sunrise, the importance of sunlight to its farming community,
television programming from South Bend and Chicago, newspapers from
Indianapolis, South Bend, Logansport, and Chicago, and airports in
Indianapolis and Chicago. In addition, the County Commissioners
submitted annual commuting data in support of their position.
Director Dan Dolezal of the Pulaski Community Development
Commission presented information from the two major employers in the
County who favored the Central Time Zone as well as from other
employers. The President of Pulaski County Council also spoke in favor
the Pulaski County petition and also noted the difficulty of being a
border county and suggested that the entire state be in the same time
zone. In a comment to the docket, Paul O'Malley noted that Pulaski
County has regional ties to counties that are currently in the Central
Time Zone or would be moved to the Central Time Zone by DOT's decision.
He referred to workforce planning, economic growth, and economic
development regions. Moving Pulaski to the Central Time Zone would
ensure that all counties in these regions were in the same time zone.
Out of 71 comments submitted to the docket from Pulaski County, 41
favored the Central Time Zone, 17 favored the Eastern Time Zone, and 13
expressed interest in keeping Indiana on the same time zone, expressing
no preference.
Fulton
The Fulton County Commissioners unanimously petitioned to be
changed to the Central Time Zone. They noted economic development is to
points North and West, rather than East and South. Fulton County's
petition enumerated reasons for a preference to move to the Central
Time Zone based on information presented by the Fulton Economic
Development Corporation, in response to the questions posed by the
Department to determine whether such a change would be ``for the
convenience of commerce.'' The petition noted the origin and
destination of supplies, the origin of television and radio broadcasts
and newspapers, bus, passenger rail, and air transportation options,
and work patterns, but did not conclusively favor one time zone or
another. The comments of several local business owners, included in the
submission by the Fulton County Commissioners, preferred either no time
zone change or a change to the Central Time Zone. A letter requesting
consideration of the Fulton petition and an extension of time ``to
submit additional information before a final decision is made'' was
also submitted by an attorney for the Fulton County Board of
Commissioners, but no additional data was submitted.
Commissioner Rose spoke at the Logansport hearing, presenting
information in further support of the county's original petition to
move to the Central Time Zone. The Fulton County Commissioner stressed
the close connection of Fulton County to St. Joseph and Marshall
Counties, pointing out, for example, that the U.S. 31 corridor was the
main road in the county and connected its northern neighboring
counties. He stated that Fulton should not be isolated from those
counties by being on a different time zone, and would like to include
Elkhart and Kosciusko Counties. He stated that the school districts
preferred Central time and that they would prefer not to be dealing
with two different time zones. Fulton County Commissioners Roger Rose
and Richard Powell spoke in support of their petition at the South Bend
hearing.
Out of 30 comments submitted to the docket from Fulton County, 12
favored the Central Time Zone, 3 favored the Eastern Time Zone, and 15
expressed interest in keeping Indiana on the same time zone, expressing
no preference.
White
With a 2-1 vote, the White County Commissioners petitioned to be
moved to the Central Time Zone based on two public hearings and email,
telephone, and personal contact. White County residents expressed an
interest in ``keeping the time the way it is'' before Daylight Saving
Time. They noted that White County is halfway between Chicago and
Indianapolis and bordered by 5 Indiana counties, one currently on the
Central Time Zone, one choosing to remain in the Eastern Time Zone and
3 counties that petitioned for a change to the Central Time Zone. The
Commissioner also said that many residents expressed concern about
``school children boarding buses in the dark all winter when we are on
Eastern time.'' They noted that media and transportation were split
between the Eastern and Central Time Zones.
Out of 37 comments submitted to the docket from White, 11 favored
the Central Time Zone, 21 favored the Eastern Time Zone, and 5
expressed interest in keeping Indiana on the same time zone, expressing
no preference.
Carroll
Carroll County Commissioners submitted a petition to move to the
Central Time Zone based on 3 public hearings during which ``not one
citizen of Carroll County spoke in favor of Eastern Time.'' They
stated, ``if Lafayette were on Central Time this would be a very
compelling reason for Central Time.'' While they stated the leading
industry is meat packing, which ships to the west into the Central Time
Zone, they also noted with regard to transportation that the airports
in Chicago and Indianapolis are used ``almost in equal numbers'' and
that residents ``leave the county for every reason in all directions,''
not favoring any time zone. They also noted no significant time zone
impact on media.
Commissioner Hylton spoke at the Logansport hearing, noting that
Carroll was a rural agricultural county. He noted that the late sunrise
in the winter was a concern because no sunlight and bad winter weather
could cause school cancellation, rather than just a late arrival.
Delayed school starts would also have a negative impact on working
parents. He noted that another factor in the decision to petition to be
moved to the Central Time Zone was in anticipation that neighboring
counties Tippecanoe and Howard would also request a move to the Central
Time Zone, but they did not.
Out of 13 comments submitted to the docket from Carroll County, 5
favored the Central Time Zone, 6 favored the Eastern Time Zone, and 2
expressed interest in keeping Indiana on the same time zone, expressing
no preference.
Cass
Cass County Commissioners petitioned for a change to the Central
Time Zone and enclosed two exhibits, Work/Residence Patterns--A STATS
Indiana Annual Commuting Trends Profile and a letter from the
Logansport Economic Development Foundation (LEDF), responding to the
questions DOT posed in its notice inviting local officials to request a
time zone change. The commuting patterns showed that workers commuting
into Cass County came from counties in the Eastern Time Zone. Likewise,
17% of Cass County residents work outside of Cass County and commute to
work into counties in the Eastern Time Zone. With regard to how the
time zone impacts on such things as economic, cultural, social, and
civic activities, the letter from LEDF said that it did not have
specific information to address these matters.
At the Logansport hearing, Commissioner Eller spoke in support of
the county's petition, emphasizing a poll that showed that residents
did not want Daylight Saving Time and wanted to have the same time
across the state. He said that after school activities will be
problematic with schools in counties in different time zones. On the
other
[[Page 3240]]
hand, noting that he was absent when the County Commissioners voted to
petition to request a change to the Central Time Zone, Commissioner
Steve Kain favored Eastern Time Zone. He said that residents seek
medical attention in Kokomo, Lafayette, and Indianapolis, which are in
the Eastern Time Zone.
At the Logansport hearing, the DOT hearing official was presented
with a petition signed by 91 citizens of Cass County requesting that
the U.S. Department of Transportation ``leave Cass County, Indiana, in
the same time zone as the cities of Kokomo, Lafayette and Indianapolis,
i.e., Eastern Standard Time.''
Out of 14 comments submitted to the docket from Cass County
(excluding those presenting at the Logansport hearing), 6 favored the
Central Time Zone, 5 favored the Eastern Time Zone, and 3 expressed
interest in keeping Indiana on the same time zone, expressing no
preference.
Non-Petitioning Counties
In the Notice of Proposed Rulemaking, we specifically invited
comment from neighboring Indiana counties, and counties in Michigan,
Kentucky, Ohio, and Illinois that may also be impacted by any change.
Out of 611 comments submitted to the docket from Elkhart County, 219
favored the Central Time Zone, 241 favored the Eastern Time Zone, and
151 expressed interest in keeping Indiana on the same time zone,
expressing no preference. Out of 48 comments submitted to the docket
from Kosciusko County, 15 favored the Central Time Zone, 12 favored the
Eastern Time Zone, and 21 expressed interest in keeping Indiana on the
same time zone, expressing no preference.
Southwest Counties
Petitioning
Sullivan
Sullivan County Commissioners petitioned to change to the Central
Time Zone. Their letter stated, ``The Commissioners' concern is the
unusually late sunrise would expose our school children and morning
commuters to undue hazards. The extended darkness and winter weather
conditions make a very dangerous combination.'' Sullivan County
Commissioners Ray McCammon, Carter Phigly, and Chris Atkinson spoke at
the Terre Haute public hearing in support of their petition.
Out of 43 comments submitted to the docket from Sullivan County, 7
favored the Central Time Zone, 30 favored the Eastern Time Zone, and 6
expressed interest in keeping Indiana on the same time zone, expressing
no preference.
Donny Morin, a Sullivan County resident, was a strong proponent of
moving Sullivan County to the Central Time Zone. He listed a number of
businesses that shared a ``close economic relationship with Illinois
and Southwestern Indiana businesses.'' He also noted that ``[m]any
people from the Sullivan County Community attend 1 or 6 nearby post
secondary schools * * *. Of those six higher educational institutions,
only three are or would be in the Eastern Time Zone.'' He also noted a
similar split in health care. Of the four hospitals serving Sullivan
County, two hospitals are in a county in the Eastern Time Zone, one is
in Sullivan, and the other is in a county proposed to be in the Central
Time Zone. He also commented on confusion in television broadcasting
tornado warnings and the time zones in the affected areas. On the other
hand, many commenters to the docket stated that Sullivan County
residents noted that many residents work in Vigo County in the Eastern
Time Zone and noted regional ties to Vigo.
Knox
Knox County Commissioners submitted a petition to move to the
Central Time Zone based on a public hearing during which ``a majority
of the citizens and businesses of Knox County favored adopting Central
Daylight Savings Time'' and a unanimous vote by the Commissioners to
adopt ``a Resolution calling for institution of Central Daylight
Savings Time in Knox County.'' The attorney for the Knox County Board
of Commissioners sent a letter with the petition, and the petition's
accompanying exhibit enumerated the ways in which the shipment of
goods, television broadcasts, newspapers, bus services, airports, and
work patterns favor Knox County being located in the Central Time Zone.
The petition noted that Knox is located at the western edge of
Indiana, bordering Illinois, which is in the Central Time Zone. To the
south, Knox borders Gibson County, Indiana, which is also in the
Central Time Zone. The Knox petition noted that Knox County residents
were employed at the Toyota plant in Gibson County, ``creating time
zone issues.'' As for social and civic activities, it noted that
residents ``who leave the county for schooling, recreation, healthcare,
or religious worship primarily go into the State of Illinois, or Gibson
and Vanderburgh Counties in Indiana.'' These areas are located in the
Central Time Zone.
As we noted in the NPRM, Knox provided information on their
commuting patterns to the Central Time Zone, and reliance on Evansville
for a majority of their communications and transportation services.
At the Jasper public hearing, Knox County Commissioners Beckwith
and Bobe spoke in support of their petition.
Out of 27 comments filed by Knox County residents, 6 favored the
Central Time Zone, 14 favored the Eastern Time Zone, and 7 either
expressed no preference or said that Indiana should be on one time
zone.
Daviess
The Daviess County Commissioners unanimously petitioned to move to
the Central Time Zone. They stated that Daviess County residents
shopped in Evansville in the Central Time Zone, and noted that the
closest major airport was also located there. While they received
television broadcasts from Evansville, they also received them from
Terre Haute. The Commissioners noted that ``numerous citizens of
Daviess County'' are employed in Gibson County in the Central Time
Zone.
After DOT issued its notice that did not propose to move Daviess
County to the Central Time Zone, Commissioner Wichman wrote to express
his dismay and provided additional justification. He noted strong
employment ties to other counties in the southwest region, including
three major factories. He also said that Daviess County had close ties
to Knox County because of ``a 4 year college, a large regional hospital
and large retail outlets.''
Out of 10 comments submitted to the docket from Daviess County, 5
favored the Central Time Zone, 4 favored the Eastern Time Zone, and 1
expressed interest in keeping Indiana on the same time zone, expressing
no preference. Knox County Commissioners spoke in support of moving
Daviess County to the Central Time Zone at the Jasper public hearing.
Governor Daniels, addressing Southwest Indiana in his letter to the
Department, wrote ``to fully preserve the unity of this natural region
it is essential that you grant the petitions of the three remaining
counties in this corner of the State'' and specifically noted Daviess
County.
Martin
Martin County Commissioners submitted a petition to move to the
Central Time Zone after stating that the Commission received ``general
input from the citizens of Martin County and
[[Page 3241]]
have been advised that inclusion in the Central Time Zone was preferred
by a majority of those responding.'' The petition enumerated the ways
in which the shipment of goods, television and radio broadcasts, local
newspapers, airports, work patterns, major elements of the economy,
outlets for higher education, and hospital services favor Martin County
being located in the Central Time Zone, because the surrounding
counties which impacted these matters were also petitioning to be moved
into the Central Time Zone.
At the Jasper hearing, Martin County Commissioner Michael Dant
emphasized workforce development and the importance of being in the
same time zone as Martin County's surrounding counties as a reason to
move Martin County to the Central Time Zone.
Out of 9 comments submitted to the docket from Martin County, 4
favored the Central Time Zone, 5 favored the Eastern Time Zone.
Both at the Jasper hearing and in a written submission to the
docket, Martin County residents emphasized Martin County's connection
to other counties in southwestern Indiana. For example, Justin Byrd
emphasized Evansville's sphere of influence into the region by
referring to its media range, air transportation, and cellular phone
service.
Governor Daniels, addressing Southwest Indiana in his letter to the
Department, wrote ``to fully preserve the unity of this natural region
it is essential that you grant the petitions of the three remaining
counties in this corner of the State'' and specifically noted Martin
County.
Lawrence
In a letter to the Department, Lawrence County requested a change
to the Central Time Zone. The County Commissioners made a geographic
argument and noted ``every square foot of Indiana is located in the
Central/Standard Time Zone * * * '' In addition to their geographic
position, the County Commissioners noted that the county receives media
from Indianapolis and Louisville, both in the Eastern Time Zone.
Transportation (bus and air) was mixed, with bus traffic to
Indianapolis in the Eastern Time Zone and air service from airports in
both the Eastern and Central Time Zones. As for commuting patterns, the
letter stated that the ``majority of the residents who commute to other
counties are primarily employed in the cities of Bloomington, Seymour,
Indianapolis, Louisville, or Crane.'' These cities are in the Eastern
Time Zone.
Two Lawrence County Commissioners spoke at the hearing in Jasper.
While Lawrence County Commissioner David Flinn emphasized desire to
move to the Central Time Zone to ensure the safe transportation of
school children, his colleague on the Commission, Bill Spreen,
emphasized that the State should be united.
Out of 8 comments submitted to the docket from Lawrence County, 5
favored the Central Time Zone and 3 favored the Eastern Time Zone.
Pike
The Pike County Commissioners petitioned for a change to the
Central Time Zone, voting in favor of the petition by a 2-1 vote,
emphasizing changing working patterns to the Central Time Zone and
transportation services and television and radio broadcasts from the
Central Time Zone. As we noted in the NPRM, based on the evidence
presented, Pike County appears to be closely tied to Evansville for
many goods, services, and activities.
Pike County Commissioner Dale Nalley expressed appreciation to the
Department for proposing to move Pike County to the Central Time Zone
and, stressing regional ties, also spoke in support of the Dubois
County petition, saying that Pike and Dubois counties should be on the
same time zones.
Out of 16 comments submitted to the docket from Pike, 8 favored the
Central Time Zone, 5 favored the Eastern Time Zone, and 3 expressed
interest in keeping Indiana on the same time zone, expressing no
preference.
Dubois
With a 2-1 vote, the Dubois County Commissioners petitioned to be
moved to the Central Time Zone based on a public meeting, additional
polls, and detailed information responding to DOT's questions. The
Commissioners stated that the requested change of time zone ``was
supported by 60% to 70% of the general public, by representatives of
three local school districts, and by approximately 50% of local
business and industry.'' The Commissioners stressed Dubois County's
relationship with the Evansville region. In addition, the Commissioners
submitted annual commuting data, Indiana Economic Development
Corporation Regional Office data, and Indiana Workforce Development
data emphasizing regional connections in support of their position.
Commissioner John Burger from Dubois County reported that Dubois
submitted additional information to the docket. He provided detailed
statistics on the number of newspaper subscribers in the county who
preferred to receive their news from Evansville as opposed to
Indianapolis. He also emphasized the connection of the counties in the
region.
Out of 288 comments submitted to the docket from Dubois, 130
favored the Central Time Zone, 146 favored the Eastern Time Zone, and
12 expressed interest in keeping Indiana on the same time zone,
expressing no preference.
Knox County Commissioners Beckwith and Bobe spoke in support moving
Dubois County to the Central Time Zone. In addition, Pike County
Commissioner Dale Nalley spoke in support of the Dubois County
petition, saying that Pike and Dubois counties should be on the same
time zones.
Governor Daniels, addressing Southwest Indiana in his letter to the
Department, wrote ``to fully preserve the unity of this natural region
it is essential that you grant the petitions of the three remaining
counties in this corner of the State'' and specifically noted Dubois
County.
The President and General Manager of Holiday World & Splashin'
Safari in Spencer County wrote in support of moving Dubois County to
the Central Time Zone, based on the close economic ties to Perry,
Spencer, and Pike Counties. He said that a time zone boundary between
Spencer and Dubois counties would have a negative impact on visitors to
the park and noted that 26% of seasonal employees commuted from Dubois
County.
In a statement in support of the Dubois County petition, Paul
O'Malley referred to the county's economic ties to southwest Indiana as
``illustrated by its inclusion in the southwestern regions of several
economic and business related regions designated by the Indiana
government.'' He noted that Dubois County is in Workforce Investment
Region 11 as well as the Southwest Indiana Economic Development Region
an Economic Growth Region 11. He also noted that Dubois County is in
the Evansville District of the United States District Court for the
Southern District of Indiana and that jurisdiction for residents of
Dubois County in bankruptcy matters is also in Evansville, in the
Central Time Zone. As for education, Mr. O'Malley stated that Dubois
County school districts do not cross county lines. Referring to
commuting patterns, he stated ``the number would overwhelmingly favor
Central Time.''
Perry
Perry County Commissioners submitted a petition to move to the
Central Time Zone with detailed information to illustrate how the
change would ``serve the convenience
[[Page 3242]]
commerce. The petition responded to the Department's request for
information on how the change in time zone would impact economic,
cultural, social, and civic activities and how time zone changes affect
businesses, communication, transportation, and education. It discussed
how the television broadcasts, newspapers, and work patterns favor
Perry County being located in the Central Time Zone.
At the Jasper public hearing, Perry County was represented by
attorney Christopher Goffinet who submitted a petition on behalf of the
County. Emphasizing regional connections, he said it was ``very
important'' for Perry and Dubois County to be on the same time zone
because of the ``significant'' number of Perry County residents who
work in Dubois County.
Out of 30 comments submitted to the docket from Perry County, 15
favored the Central Time Zone, 30 favored the Eastern Time Zone, and 4
expressed interest in keeping Indiana on the same time zone, expressing
no preference.
West Central
Vermillion
Vermillion County Commissioners petitioned for a change from the
Eastern Time Zone to the Central Time Zone based on a discussion during
a regularly scheduled meeting of the Vermillion County Board of
Commissioners where all speakers favored a change to the Central Time
Zone. The petition summarized the reasons as follows: many people from
Vermillion work in Illinois, travel there for medical treatments or for
entertainment, use the airports in Illinois and get their radio and
news from Illinois.
DOT preliminarily denied Vermillion County's petition. Vermillion
County Commissioner Marrietta spoke at the hearing in favor of one time
zone for the entire state and Vermillion County did not submit any
additional information.
Of the 25 comments submitted to the docket from Vermillion County
residents, 11 favored the Central Time Zone, based on media,
transportation, employment and the economy, geography, and social
reasons. Commenters noted that Vermillion County borders Illinois in
the Central Time Zone. Ten Vermillion County residents favored the
Eastern Time Zone, due to social, employment and economic reasons, and
wanting to be on the same time zone as Vigo and Marion Counties. One
commenter noted that Vigo is home to Indiana State University, Rose
Hulman Institute of Technology, Ivy Tech, and St Mary's of the Woods
and is ``a known retail hub in the area.'' Another Vermillion County
resident, speaking at the Terre Haute public hearing, noted that she
favored the Eastern Time Zone because the headquarters of the county's
largest employer is in the Eastern Time Zone.
According to Work/Residence Patterns--A STATS Indiana Annual
Commuting Trends Profile, the majority of workers commuting into and
out of Vermillion County do so from the Eastern Time Zone. Furthermore,
Vermillion County is in an economic growth, workforce, and commerce
region with other counties in the Eastern Time Zone. As we noted in the
NPRM, we have been reluctant to create ``islands of time'' by placing
one county in a different time zone from all its neighboring counties
in the State; we consider the affect on economic, cultural, social, and
civic activities between neighboring counties in making decisions.
DOT Determination
Northwest
Based on the petitions, comments to the docket and at the public
hearings, and an analysis of Indiana economic, workforce,
transportation, and education regions and media/commerce data, DOT is
relocating, for the convenience of commerce, Starke and Pulaski
Counties from the Eastern Time Zone to the Central Time Zone. We are
not changing the time zone boundaries of St. Joseph, Marshall, Fulton,
White, Carroll, and Cass Counties. These 6 counties will remain in the
Eastern Time Zone.
Starke addressed all the factors that we consider in these
proceedings and made a convincing case that changing to the Central
Time Zone would serve ``the convenience of commerce.'' Written comments
from Starke County overwhelmingly supported moving the county to the
Central Time Zone where it had previously been some years ago. We did
not receive any additional information that would persuade us to change
our initial determination to move Starke to the Central Time Zone.
In the NPRM, we did not propose to move Pulaski County to the
Central Time Zone. Pulaski, however, has regional ties to Starke
County, a county we are moving to the Central Time Zone. Although the
County Commissioners did not submit additional information or data, the
Director of the Pulaski County Community Development Commission
presented information in support of the Central Time Zone that had not
been previously provided by the County, including information about two
major employers. Further, Pulaski has regional economic and workforce
ties and business connections to counties already in the Central Time
Zone. Those ties are enhanced by moving the time zone boundary for
Pulaski County. A clear majority of the comments to the docket also
supported a change to the Central Time Zone. For these reasons, we have
determined that Pulaski County also be moved to the Central Time Zone.
St. Joseph County addressed all the factors that we consider in its
petition and explained why changing to the Central Time Zone could
serve ``the convenience of commerce.'' Of all the petitions received by
DOT requesting a move from the Eastern Time Zone to the Central Time
Zone, however, the petition from St. Joseph County was the most
controversial and generated the most comment. One third of the 6000
comments to the docket addressed the St. Joseph County petition and
more than 200 people attended the public hearing in South Bend, with
over 150 presenting comments.
The written comments to the docket concerning the St. Joseph County
petition were almost equally divided between supporting and opposing a
change from the Eastern to the Central Time Zone. Those supporting a
change cited the close ties of the county to Chicago and the Midwest
and the fact that their neighboring counties to the west were all in
the Central Time Zone. A representative of the South shore railroad
complained that it was the only commuter railroad in the country that
deals with two time zones for its schedule.
Significantly, a substantial number of those supporting a move to
the Central Time Zone acknowledged that the surrounding counties to the
east and south, Elkhart, Kosciusko, and Marshall, should also be moved
to the Central Time Zone because of their close ties to St. Joseph
County. Even though Elkhart and Kosciusko had not sought a change and
DOT did not propose to move Marshall, these commenters urged that St.
Joseph County be changed in hopes of ``forcing'' the other counties to
move to the Central Time Zone.
On the other hand, a sizable number of commenters (40%) opposed
moving St. Joseph County to the Central Time Zone citing the close ties
of the Michiana area, including workforce districts and media markets
as well as educational, recreational, and health care opportunities.
Many of these commenters spoke about their frequent cross-county trips
and trips between Indiana and lower Michigan for personal and business
reasons, complaining that they would be made
[[Page 3243]]
more difficult by changing the time zone boundary of only a single
county. They feared that this would create problems for businesses and
citizens alike. Indeed, one might characterize these commenters' view
of moving only St. Joseph County as promoting the ``inconvenience of
commerce'' rather than furthering the statutory goal ``for the
convenience of commerce.''
We give substantial consideration to the views of local elected
officials because the foundation of our time zone boundary proceedings
rest upon their requests. We note that although the President of St.
Joseph County signed the county petition, spoke in favor of it at the
South Bend hearing, and subsequently submitted an additional letter of
support to the docket, as a member of the Michiana Council of
Governments (MACOG), she also made a motion to ``support the sending of
a letter by the policy board to ask that the four county region all
remain in the same time zone.'' In addition, a second St. Joseph County
Commissioner submitted comments to the docket opposing a move to the
Central Time Zone. Based on the conflicting views of the county
commissioners in St. Joseph County and 2 local mayors and the
information submitted showing St. Joseph's ties to the Michiana area
including Elkhart and Kosciusko Counties that did not petition for a
change, we believe that a time zone change, at this time, would not be
for the convenience of commerce. DOT, therefore, is not changing the
time zone boundary for St. Joseph County. St. Joseph County will remain
in the Eastern Time Zone.
Fulton County in Northwest Indiana, bordered by 7 other Indiana
counties, 5 in the Eastern Time Zone, and two to be moved to the
Central Time Zone as a result of this final rule, petitioned for a
change to the Central Time Zone. We did not find that the county
petition provided sufficient information under the statutory standard
to justify proposing the change. The County Commissioners did not
provide any additional information in this proceeding. No commenters
submitted sufficient evidence to warrant a change in time zones.
Furthermore, neither regional ties nor commuting patterns would justify
a change in the time zone at this time. Fulton County is located in an
economic growth area with bordering counties that are located in the
Eastern Time Zone. DOT, therefore, is not changing the time zone
boundary for Fulton County. Fulton County will remain in the Eastern
Time Zone.
Marshall County in Northwest Indiana, bordering 6 other Indiana
counties, 4 in the Eastern Time Zone and two to be moved to the Central
Time Zone as a result of this final rule, petitioned for a change to
the Central Time Zone. We did not find that the county petition
provided sufficient information under the statutory standard to justify
proposing the change. The County Commissioners did not provide
sufficient additional information in this proceeding. No commenters
submitted sufficient evidence to warrant a change in time zones.
Furthermore, neither regional ties nor commuting patterns would justify
a change in the time zone, at this time. Marshall County is located in
a regional workforce center, a commerce region, and a commerce/media
region with bordering counties that are located in the Eastern Time
Zone. DOT, therefore, is not changing the time zone boundary for
Marshall County. Marshall County will remain in the Eastern Time Zone.
White County in Northwest Indiana, surrounded by 6 other Indiana
counties, 4 in the Eastern Time Zone, one currently in the Central Time
Zone, and one to be moved to the Central Time Zone as a result of this
final rule, petitioned for a change to the Central Time Zone. We did
not find that the county petition provided sufficient information under
the statutory standard to justify proposing the change. The County
Commissioners did not provide any additional information in this
proceeding. No commenters submitted sufficient evidence to warrant a
change in time zones. Furthermore, neither regional ties nor commuting
patterns would justify a change in the time zone at this time. White
County is located in a regional workforce center, a commerce region,
and a commerce/media region with bordering counties that are located in
the Eastern Time Zone. DOT, therefore, is not changing the time zone
boundary for White County. White County will remain in the Eastern Time
Zone.
Carroll County in Northwest Indiana, surrounded by 5 other Indiana
counties, all in the Eastern Time Zone, petitioned for a change to the
Central Time Zone. We did not find that the county petition provided
sufficient information to justify proposing the change. In fact, some
of the county's evidence, such as that relating to transportation
patterns, pointed equally to Chicago and Indianapolis, and they
conceded no significant time zone impact on the media. Neither the
County Commissioners nor other commenters subsequently submitted
sufficient evidence to warrant a change in time zones and neither
regional ties nor commuting patterns would justify a change in the time
zone at this time. Carroll County is located in a regional workforce
center, a commerce region, and a commerce/media region with bordering
counties that are located in the Eastern Time Zone. DOT, therefore, is
not changing the time zone boundary for Carroll County. Carroll County
will remain in the Eastern Time Zone.
Cass County in Northwest Indiana, surrounded by 5 other Indiana
counties, all in the Eastern Time Zone, petitioned for a change to the
Central Time Zone. We did not find that the county petition provided
sufficient information to justify proposing the change. For example,
the commuting patterns from STATS Indiana submitted by the
Commissioners showed workers commuting into and out of Cass County as
coming from and going to counties in the Eastern Time Zone. Neither the
County Commissioners nor other commenters submitted sufficient evidence
to warrant a change in time zones and neither regional ties nor
commuting patterns would justify a change in the time zone at this
time. Cass County is located in a regional workforce center, a commerce
region, and a commerce/media region with bordering counties that are
located in the Eastern Time Zone. DOT, therefore, is not changing the
time zone boundary for Cass County. Cass County will remain in the
Eastern Time Zone.
Central
Vermillion County in Central Indiana, on the Illinois border and
surrounded by 3 other Indiana counties in the Eastern Time Zone,
petitioned for a change to the Central Time Zone. We did not find that
the county petition provided sufficient information to justify
proposing the change. The County did not provide any additional
information in the proceeding. No commenters submitted sufficient
evidence to warrant a change in time zones and neither regional ties
nor commuting patterns would justify a change in the time zone for the
convenience of commerce at this time.
Vermillion County is closely aligned regionally with its
neighboring counties Vigo and Parke. They share economic growth,
workforce, commerce, transportation, and education regions defined by
Indiana. As we noted in the NPRM, we have been reluctant to create
``islands of time'' by placing one county in a different time zone from
all its neighboring counties in the State; we consider the effect on
economic, cultural, social, and civic activities between neighboring
counties in making decisions. DOT, therefore, is not changing the time
zone boundary for
[[Page 3244]]
Vermillion County. Vermillion County will remain in the Eastern Time
Zone.
Southwest
The following counties in Southwest Indiana petitioned DOT to be
moved to the Central Time Zone: Sullivan, Knox, Pike, Daviess, Dubois,
Martin, Lawrence, and Perry. DOT tentatively proposed to relocate the
time zone boundary in Indiana to move Knox, Pike, and Perry Counties
from the Eastern Time Zone to the Central Time Zone at the request of
their County Commissioners. We tentatively proposed not to change the
time zone boundary to move Sullivan, Daviess, Dubois, Martin, and
Lawrence Counties from the Eastern Time Zone to the Central Time Zone.
We noted that if additional information was provided that indicates
that the time zone boundary should be drawn differently, either to
include counties currently excluded or to exclude counties that are
currently included in this proposal, we would make the change at the
final rule stage of this proceeding.
Based on the comments submitted to the docket and made at the
public hearings and an analysis of Indiana economic, workforce,
transportation, education regions and media/commerce data, DOT is
relocating, for the convenience of commerce, the time zone boundary to
move Knox, Pike, Daviess, Dubois, Martin, and Perry Counties to the
Central Time Zone. As described above in the summary of the hearings
and comments to the docket, these six counties have strong regional
ties to each other and Central Time Zone Counties. While Daviess,
Dubois, Knox, Martin, and Perry border other Indiana counties in the
Eastern Time Zone, their ties to those counties is not as strong as
they are to each other and to other counties to their south, which are
currently in the Central Time Zone. Along with Pike, these counties are
located in the same workforce, commerce, transportation, and education
regions designated by Indiana.
With regard to Sullivan and Lawrence Counties, also in the
Southwest, we did not find that either county provided sufficient
information to justify proposing the change. County Commissioners from
both counties spoke at the public hearings; Sullivan County
Commissioners spoke in Terre Haute and Lawrence County Commissioners
spoke in Jasper. Neither county, however, provided sufficient
additional information to justify a move to the Central Time Zone for
the convenience of commerce.
Sullivan County is surrounded by 4 counties in Indiana and borders
Illinois to the west. Prior to this proceeding, the four Indiana
counties have been located in the Eastern Time Zone; this final rule
will change the county to the south of Sullivan to the Central Time
Zone. No commenters submitted sufficient evidence to warrant a change
in time zones and neither regional ties nor commuting patterns would
justify a change in the time zone at this time. Sullivan County is
located in a regional workforce center and a commerce region with
bordering counties that are located in the Eastern Time Zone. DOT,
therefore, is not changing the time zone boundary for Sullivan County.
Sullivan County will remain in the Eastern Time Zone.
Lawrence County is surrounded by 6 counties. Prior to this
proceeding, all 6 have been located in the Eastern Time Zone; this
final rule will change one of the counties on the western border of
Lawrence to the Central Time Zone. No commenters submitted sufficient
evidence to warrant a change in time zones and neither regional ties
nor commuting patterns would justify a change in the time zone for the
convenience of commerce at this time. Lawrence County is located in a
regional workforce center, a commerce region, and a commerce/media
region with bordering counties that are located in the Eastern Time
Zone. DOT, therefore, is not changing the time zone boundary for
Lawrence County. Lawrence County will remain in the Eastern Time Zone.
Conclusion
In our experience, time zone boundary changes can be extremely
disruptive to a community and, therefore, should not be made without
careful consideration. Our decision is based on the statutory standard
``regard for the convenience of commerce and the existing junction
points and division points of common carriers engaged in interstate or
foreign commerce,'' which we define very broadly to include
consideration of all the impacts upon a community of a change in its
standard of time. Our decision is intended to minimize disruption and
to allow communities to fully assess the impact of potential changes to
the time zone boundaries of their neighbors and Daylight Saving Time
observance beginning in April 2006. Governmental representatives are
free to petition DOT in the future to make further changes to the time
zone boundary.
Impact on Observance of Daylight Saving Time
As noted above, this time zone proposal does not 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 a.m. on the first Sunday in April until 2 a.m.
on the last Sunday in October, except in any State that has, by law,
exempted itself from this observance. Under recently enacted federal
legislation, beginning in 2007, Daylight Saving Time will begin the
second Sunday in March and end the first Sunday in November.
In 2006, Indiana will begin observing Daylight Saving Time
throughout the State. Our decision does not change Indiana's decision
to observe Daylight Saving Time statewide. However, as noted by many
commenters, the effect of the Indiana legislature's action is that the
State will no longer have a single statewide time for seven months of
the year as it has had previously when the counties in the Eastern Time
Zone did not observe Daylight Saving Time.
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 (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. 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 final 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 rule primarily affects individuals and their scheduling of
activities. Although
[[Page 3245]]
it would affect some small businesses, not-for-profits and, perhaps, a
number of small governmental jurisdictions, we have not received
comments asserting that our proposal, if adopted, would have had a
significant impact on small entities.
Therefore, I certify under 5 U.S.C. 605(b) that this final rule
does not have a significant economic impact on a substantial number of
small entities. 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 rule so that they can better
implement it.
Collection of Information
This final rule does not call for a new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule does not have a substantial direct effect on, or sufficient
federalism implications for, the States, nor would it limit the
policymaking discretion of the States. Therefore, the consultation
requirements of Executive Order 13132 do not apply.
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
impose 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 final rule would not impose
an unfunded mandate.
Taking of Private Property
This final rule does not result in 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 final 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 as defined by the
Executive Order 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.
Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html
&log=linklog&to=http://dms.dot.gov.
List of Subjects in 49 CFR Part 71
Time zones.
0
For the reasons discussed above, the Office of the Secretary amends
Title 49 Part 71 to read as follows:
PART 71--STANDARD TIME ZONE BOUNDARIES
0
1. The authority citation for Part 71 continues 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.
0
2. Paragraphs (b) and (c) of Sec. 71.5 are revised to read as follows:
Sec. 71.5 Boundary line between eastern and central zones.
(a) * * *
(b) Indiana-Illinois. From the junction of the western boundary
of the State of Michigan with the northern boundary of the State of
Indiana easterly along the northern boundary of the State of Indiana
to the east line of LaPorte County; thence southerly along the east
line of LaPorte County to the north line of Starke County; thence
east along the north line of Starke County to the west line of
Mashall County; thence south along the west line of Marshall County
and Fulton County to the north line of Cass County; thence west
along the south line of Pulaski County to the east line of Jasper
County; thence south along the east line of Jasper County to the
south line of Jasper County; thence west along the south lines of
Jasper and Newton Counties to the western boundary of the State of
Indiana; thence south along the western boundary of the State of
Indiana to the north line of Knox County; thence easterly along the
north line of Knox, Daviess, and Martin Counties to the west line of
Lawrence County; thence south along the west line of Lawrence,
Orange, and Crawford Counties to the north line of Perry County;
thence easterly and southerly along the north and east line of Perry
County to the Indiana-Kentucky boundary.
(c) Kentucky. From the junction of the east line of Perry
County, Ind., with the Indiana-Kentucky boundary easterly along that
boundary to the west line of Meade County, Ky.; thence southeasterly
and southwesterly along the west lines of Meade and Hardin Counties
to the southwest corner of Hardin County; thence along the south
lines of Hardin and Larue Counties to the northwest corner of Taylor
County; thence southeasterly along the west (southwest) lines of
Taylor County and northeasterly along the east (southeast) line of
Taylor County to the west line of Casey County; and thence southerly
along the west and south lines of Casey and Pulaski Counties to the
intersection with the western boundary of Wayne County; and then
south along the western boundary of Wayne County to the Kentucky-
Tennessee boundary.
* * * * *
Issued in Washington, DC on January 17, 2006.
Norman Y. Mineta,
Secretary.
[FR Doc. 06-563 Filed 1-19-06; 8:45 am]
BILLING CODE 4910-62-P
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