9568 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Proposed Rules 

received the image and completes its 

analysis. 

(iii) Cooperate with DC3 to ascertain 

intruder methodology and identify systems 

compromised as a result of the intrusion. The 

DCISE Web site will provide detailed 

guidelines and processes as needed and 

appropriate. 

(iv) As required by the Government and 

permitted by law, share files on 

compromised systems that pertain to 

unclassified DoD information. 

(6) Damage assessment activities. The DoD 

Damage Assessment Management Office 

(DAMO) will conduct an initial damage 

assessment and notify the Contractor whether 

a follow-up compromise assessment report is 

required. If required, the follow-up report 

shall include at a minimum the following 

information: 

(i) An index of DoD information contained 

on the affected system. 

(ii) An initial list of DoD programs 

impacted by the compromise. 

(iii) The type of DoD information 

compromised (e.g., CPI, PII, Privacy Act, 

ITAR, EAR, and HIPAA) and a brief 

description of the accessed information. 

(iv) The Contractor’s points of contact to 

coordinate future damage assessment 

activities. 

(v) The threat methodology. 

(vi) Amount of DoD information including 

files/data bytes exfiltrated or accessed. 

(vii) Inventory of DoD IT equipment 

accessed or from which DoD information has 

been exfiltrated. 

(d) Protection of reported information. 

Except to the extent that such information is 

publicly available, DoD will protect 

information reported or otherwise provided 

to DoD under this clause in accordance with 

applicable statutes, regulations, and policies 

(e.g., CPI, PII, FOIA, Trade Secrets Act, 

Privacy Act, ITAR, EAR, and HIPAA). 

(1) The Contractor and its subcontractors 

shall mark attribution information reported 

or otherwise provided to the Government. 

The Government may use attribution 

information and disclose only to authorized 

persons for cyber security and related 

purposes and activities pursuant to this 

clause (e.g., in support of forensic analysis, 

incident response, compromise or damage 

assessments, law enforcement, 

counterintelligence, threat reporting, trend 

analyses). Attribution information is shared 

outside of the DCISE only to authorized 

entities on a need-to-know basis as required 

for such Government cyber security and 

related activities. The Government may 

disclose attribution information to support 

contractors that are supporting the 

Government’s cyber security and related 

activities under this clause only if the 

support contractor is subject to legal 

confidentiality requirements that prevent any 

further use or disclosure of the attribution 

information. 

(2) The Government may use and disclose 

reported information that does not include 

attribution information (e.g., information 

regarding threats, vulnerabilities, incidents, 

or best practices) at its discretion to assist 

entities in protecting information or 

information systems (e.g., threat information 

products, threat assessment reports); 

provided that such use or disclosure is 

otherwise authorized in accordance with 

applicable statutes, regulations, and policies. 

(e) Nothing in this clause limits the 

Government’s ability to conduct law 

enforcement or counterintelligence activities, 

or other lawful activities in the interest of 

national security. The results of the activities 

described in this clause may be used to 

support an investigation and prosecution of 

any person or entity, including those 

attempting to infiltrate or compromise 

information on a Contractor information 

system in violation of any statute. 

(f) Subcontracts. The Contractor shall 

include the substance of this clause, 

including this paragraph (f), in all 

subcontracts under this contract, if the 

subcontractor will have access to or generate 

DoD information. In altering this clause to 

identify the appropriate parties, the 

Contractor shall modify the reporting 

requirements to include notification to the 

prime contractor or the next higher tier in 

addition to the reports to the DCISE as 

required by paragraph (c) of this clause. 

(End of clause) 

[FR Doc. 2010–4173 Filed 3–2–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 71 

[OST Docket No. OST–2010–0046] 

Standard Time Zone Boundary in the 

State of North Dakota: Proposed 

Change for Mercer County, North 

Dakota, From Mountain to Central Time 

Zone 

AGENCY: Office of the Secretary, 

Department of Transportation (DOT). 

ACTION: Notice of Proposed Rulemaking 

(NPRM). 

SUMMARY: The Chairman of the Board of 

County Commissioners for Mercer 

County, North Dakota, petitioned the 

U.S. Department of Transportation to 

move Mercer County from the mountain 

to the central standard time zone. The 

Department believes that the petition 

makes a prima facie case for the 

proposed time zone change, and we are 

using this notice to solicit public 

comment on the proposal. 

DATES: Public comments to the docket 

should be submitted by June 14, 2010. 

Late-filed comments will be considered 

to the extent practicable. The 

Department has scheduled a public 

hearing on this issue from 7–10 p.m. 

(Mountain Daylight Time) on Friday, 

May 14, 2010, in the ‘‘Large Room’’ of 

the City Hall, 146 East Main Street, 

Hazen, North Dakota. 

ADDRESSES: You may submit comments 

(identified by the agency name and DOT 

Docket ID Number OST–2010–0046) by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: You must include the 

agency name (Office of the Secretary, 

DOT) and Docket number (OST–2010-) 

for this notice at the beginning of your 

comments. You should submit two 

copies of your comments if you submit 

them by mail or courier. Note that all 

comments received will be posted 

without change to http:// 

www.regulations.gov including any 

personal information provided and will 

be available to internet users. You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477) or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: For internet access to the 

docket to read background documents 

and comments received, go to http:// 

www.regulations.gov. Background 

documents and comments received may 

also be viewed at the U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE, Docket Operations, M–30, 

West Building Ground Floor, Room 

W12–140, Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Robert C. Ashby, Deputy Assistant 

General Counsel for Regulation and 

Enforcement, U.S. Department of 

Transportation, Room W94–302, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, (202) 366–9310, 

bob.ashby@dot.gov. 

SUPPLEMENTARY INFORMATION: For more 

than a century, time zone boundaries in 

North Dakota have had an interesting 

and varied history. Beginning in 1883, 

mountain time was observed in the 

southwest portion of the state and a few 

locations in the northwest, with central 

time being used elsewhere. In 1929, the 

Interstate Commerce Commission (ICC), 

which then had jurisdiction over time 

zone boundaries, extended central time 

to cover all but a cluster of counties in 


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the southwest corner of the state. 

Congress transferred the ICC’s time zone 

boundary powers to the Department of 

Transportation (DOT) in 1967. DOT 

exercises these powers under the 

provisions of the Uniform Time Act of 

1966 (15 U.S.C. 260–64). 

The Department has exercised its 

authority under this statute in several 

proceedings affecting North Dakota. In 

1968, in response to a petition from the 

Governor of North Dakota, the 

Department placed 14 counties lying 

south and west of the Missouri River 

into mountain time. The change was 

made to accommodate the historical 

pattern of time observance in the state. 

In 1992, in response to a petition from 

the Board of Commissioners of Oliver 

County (which is adjacent to Mercer 

County), the Department moved that 

county into the central time zone. The 

Department took similar action with 

respect to Morton County and a portion 

of Sioux County in 2003. 

In 2000–2003, the Department 

considered a petition from the Mercer 

County Commission to move the county 

to the central time zone. The proposal 

was controversial in the county. A 2000 

referendum favored changing to central 

time by a vote of 1,180 to 1038. 

However, a majority of written 

comments to the Department’s docket 

favored keeping the county in the 

mountain time zone. After considering 

the comments, and while 

acknowledging the reasons supporting a 

change, the Department decided to deny 

the petition (68 FR 53082; September 9, 

2003). The Department’s decision noted 

that the Commission was free to file a 

new petition on the subject in the 

future. In a petition dated October 9, 

2009, Mr. Lyle L. Latimer, Chairman of 

the Mercer County Board of County 

Commissioners, asked the Department 

to move the county from the mountain 

time zone to the central time zone. 

Under the Uniform Time Act, 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.’’ 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 us 

in determining the impact of a time 

zone change on the ‘‘convenience of 

commerce.’’ The Department considers 

information bearing on these questions 

in making its decision on a proposed 

time zone change. 

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? 

The current Mercer County petition 

stated several reasons for the request, 

outlining the Commission’s view of why 

the change would meet the 

’’convenience of commerce’’ standard. 

The following is a summary of the 

reasons asserted in support of the 

request, which facially address several 

of the Department’s questions. 

* Almost all supplies for businesses 

in Mercer County, including the coal 

and agriculture industries, are shipped 

from the Bismarck/Mandan area and 

other points in the central time zone. 

* Communications media 

(newspapers, radio and television 

stations) serving Mercer County are 

based in the Bismarck/Mandan area. 

* There is no regular passenger 

transportation serving Mercer County. 

Residents go to the Bismarck/Mandan 

area to catch planes, trains, and buses. 

* The main offices for several Mercer 

County energy industry facilities are 

located in Bismarck. 

* Many residents regularly travel to 

the Bismarck/Mandan area for 

recreation, health care, and other 

purposes. 

* Geographically, Mercer County is 

adjacent to the central time zone on the 

east, north, and south sides of the 

county, and is therefore well-located for 

inclusion in the central time zone. The 

Fort Berthold Indian Reservation, 

located in Mercer County, is currently 

in the central time zone. 

The current petition represents that 

local government, industry, and 

education leaders recently brought the 

matter to the Commission’s attention, 

requesting that the question of changing 

the time zone be raised. One change 

affecting the schools that has been 

mentioned is that a school in Stanton, 

in Mercer County, has closed, with 

Mercer students now being transported 

to a school in Center, in Oliver County, 

which is located in the central time 

zone. In addition, it has been suggested 

that commuting patterns may be more 

oriented toward areas in the central time 

zone than was the case in the 2000– 

2003 period. 

When DOT considers a petition to 

change a time zone boundary, the 

Department will generally begin a 

rulemaking proceeding if the highest 

elected officials in the area make a 

prima facie case for the proposed 

change. The Department believes that 

the Mercer County Commission’s 

petition does make a prima facie case to 

change the time zone of Mercer County 

from mountain to central. Consequently, 

we are issuing this notice of proposed 

rulemaking (NPRM) that would move 

the county into the central time zone. 

The Department is opening a 

comment period on this matter. The 

public hearing is scheduled during this 

comment period, to give interested 

persons the opportunity to develop their 

thoughts and comments before the 

hearing and to respond in writing after 

the hearing, if they wish, to information 

presented at the hearing. 

The Department wants to make clear 

that, by issuing this NPRM, we are not 

taking a position on the merits of the 

petition. The Department does not have 

a ‘‘going-in position’’ on whether the 

county should remain in the mountain 

time zone or change to the central time 

zone. The effect of the NPRM is simply 

to begin a public input process that will 

include the opportunity for written 

comments and the opportunity to speak 

at a public hearing in the county. 

In making a decision based on what 

the Department learns from this process, 

the Department will focus on matters 

affecting the ‘‘convenience of 

commerce,’’ which we interpret broadly 

to encompass matters concerning the 

effects of a potential change on the 

economy of the jurisdiction in question, 

transportation, education and other 

public institutions, and other factors 

including the personal views of 

residents. Our ultimate decision will be 

based on information provided to the 


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9570 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Proposed Rules 

written docket or at the hearing. 

Commenters and participants at the 

public hearing should present all the 

information they can, in as great detail 

as possible, relevant to the Department’s 

questions concerning whether the 

proposal meets the ‘‘convenience of 

commerce’’ standard. Comments that 

explain why mountain time or central 

time is preferable, in terms of the 

Department’s ‘‘convenience of 

commerce’’ standard, will be of greater 

use to the Department than unexplained 

expressions of liking one outcome better 

than the other. 

We believe that the views of 

community members and leaders is an 

important part of the Department’s 

decisionmaking process, on the 

assumption that the people and 

organizations who would be most 

affected by a proposed change are in the 

best position to advise us on the effects 

of a change. The process is not simply 

a matter of a vote, however. As in all 

rulemaking proceedings, the 

Department’s decision is not made 

solely on the basis of the number of 

comments that persons favoring one 

outcome or another sent to us. 

If the Department decides to move 

Mercer County into the central time 

zone, we would time the decision to be 

effective on November 7, 2010, to 

coincide with the change from daylight 

to standard time. The purpose of this 

timing would be to minimize disruption 

from the change. 

Regulatory Analyses and Notices 

Executive Order 12866 and Regulatory 

Flexibility Act 

The Department has determined that 

this action is not a significant regulatory 

action for purposes of Executive Order 

12866 or the Department’s regulatory 

policies and procedures. The rule 

primarily affects the convenience of 

individuals in scheduling activities. By 

itself, it imposes no direct costs. Its 

impact is localized in nature, affecting 

only the residents of a single county. We 

expect the economic impact of this final 

rule to be so minimal that a full 

Regulatory Evaluation under paragraph 

10e of the regulatory policies and 

procedures of DOT is unnecessary. 

While some small entities (i.e., small 

business or governmental entities in 

Mercer County) would be affected by 

setting their clocks differently than in 

the past, the economic effects of doing 

so would not be significant. Therefore, 

the Department certifies that the rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

Federalism 

This NPRM has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). The NPRM 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 NPRM 

would not impose an unfunded 

mandate. 

Protection of Children 

We have analyzed this NPRM under 

E.O. 13045, Protection of Children from 

Environmental Health Risks and Safety 

Risks. This NPRM 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. The 

Department will consider any comments 

it receives about potential safety effects 

on children of a time zone change. 

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://dms.dot.gov. 

Paperwork Reduction Act 

This rule does not create any 

information collection requirements 

covered by the Paperwork Reduction 

Act. 

List of Subjects in 49 CFR Part 71 

Time zones. 

Robert S. Rivkin, 

General Counsel. 

For reasons discussed in the 

preamble, the Department of 

Transportation proposes to amend Title 

49 of the Code of Federal Regulations, 

Part 71, as follows: 

PART 71—STANDARD TIME ZONE 

BOUNDARIES 

1. The authority citation for 49 CFR 

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; Pub. 

L. 106–564, 15 U.S.C. 263, 114 Stat. 2811; 49 

CFR 1.59(a), unless otherwise noted. 

2. Revise § 71.7 (a) to read as follows: 

§ 71.7 Boundary line between central and 

mountain zones. 

(a) Montana-North Dakota. Beginning 

at the junction of the Montana-North 

Dakota boundary with the boundary of 

the United States and Canada southerly 

along the Montana-North Dakota 

boundary to the Missouri River; thence 

southerly and easterly along the middle 

of that river to the midpoint of the 

confluence of the Missouri and 

Yellowstone Rivers; thence southerly 

and easterly along the middle of the 

Yellowstone River to the north 

boundary of T. 150 N., R. 104 W.; thence 

east to the northwest corner of T. 150 

N., R. 102 W.; thence south to the 

southwest corner of T. 149 N., R. 102 

W.; thence east to the northwest corner 

of T. 148 N., R. 102 W.; thence south to 

the northwest corner of 147 N., R. 102 

W.; thence east to the southwest corner 

of T. 148 N., R. 101 W.; thence south to 

the middle of the Little Missouri; thence 

easterly and northerly along the middle 

of that river to the midpoint of its 

confluence with the Missouri River; 

thence southerly and easterly along the 

middle of the Missouri River to the 

midpoint of its confluence with the 

western land boundary of Mercer 

County; thence south along the western 

county line of Mercer County to the 

southwest boundary; thence east and 

south along the southwestern county 

boundary of Morton County to the 

intersection with the boundary with 

Sioux County; thence west and south 

along the northern boundary of Sioux 

County to the center of State Highway 

31; thence south along the center of 


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State Highway 31 to the state border 

with South Dakota; thence east along 

the southern boundary of Sioux County 

to the middle of the Missouri River. 

* * * * * 

[FR Doc. 2010–4372 Filed 3–2–10; 8:45 am] 

BILLING CODE 4910–9X–P 


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