Federal Register / Vol. 72, No. 185 / Tuesday, September 25, 2007 / Rules and Regulations 54367 

base, by a carrier to another carrier, is a sale 

of assets and shall be treated as an 

assignment, which requires prior 

Commission approval under this section. 

(c) Transfers of control. For purposes 

of this section, a transfer of control is a 

transaction in which the authorization 

remains held by the same entity, but 

there is a change in the entity or entities 

that control the authorization holder. A 

change from less than 50 percent 

ownership to 50 percent or more 

ownership shall always be considered a 

transfer of control. A change from 50 

percent or more ownership to less than 

50 percent ownership shall always be 

considered a transfer of control. In all 

other situations, whether the interest 

being transferred is controlling must be 

determined on a case-by-case basis with 

reference to the factors listed in Note to 

paragraph (c). 

* * * * * 

[FR Doc. E7–18777 Filed 9–24–07; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 71 

[OST Docket No. 2007–28746] 

RIN 2105–AD71 

Standard Time Zone Boundary in 

Southwest Indiana 

AGENCY: Office of the Secretary (OST), 

the Department of Transportation 

(DOT). 

ACTION: Final rule. 

SUMMARY: DOT is relocating the time 

zone boundary in Indiana to move 

Knox, Daviess, Martin, Pike, and Dubois 

Counties from the Central Time Zone to 

the Eastern Time Zone. This action is 

taken at the request of the Boards of 

Commissioners of each of the Counties 

and this change serves the convenience 

of commerce, the statutory standard for 

a time zone change. DOT is denying a 

petition from Perry County to change its 

time zone boundary. Perry County will 

remain in the Central Time Zone. 

DATES: The effective time and date is 2 

a.m. CDT, November 4, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Judith S. Kaleta, Office of the General 

Counsel, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

indianatime@dot.gov, (202) 493–0992. 

SUPPLEMENTARY INFORMATION: 

Current Indiana Time Observance 

Indiana is divided into 92 counties. 

Under Federal law, 75 counties are in 

the Eastern Time Zone and 17 are in the 

Central Time Zone. There are six 

Central Time Zone Counties in the 

northwest (Lake, Porter, La Porte, 

Starke, Newton, and Jasper) and eleven 

in the southwest (Knox, Daviess, Martin, 

Gibson, Pike, Dubois, Posey, 

Vanderburgh, Warrick, Spencer, and 

Perry). Neighboring states differ as to 

whether they observe Eastern or Central 

Time. Illinois and western Kentucky 

observe Central Time, while eastern 

Kentucky, Ohio, and the portion of 

Michigan adjoining Indiana observe 

Eastern Time. 

Knox, Daviess, Martin, Pike, and 

Dubois Counties (the Petitioning 

Counties) and Perry County were moved 

to the Central Time Zone in January 

2006. (71 FR 3228). On August 18, 2006, 

the Boards of Commissioners of the 

Petitioning Counties filed a Joint 

Petition requesting a time zone change 

back to the Eastern Time Zone. In 

addition, on June 1, 2007, Perry County 

filed a petition requesting a time zone 

change back to the Eastern Time Zone, 

if the Petitioning Counties were 

changed. 

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 to modify 

a boundary contained 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 

DOT typically uses a set of procedures 

to address time zone issues. Under these 

procedures, DOT will generally begin a 

rulemaking proceeding to change a time 

zone boundary if the highest elected 

officials in the area submit a petition 

requesting a time zone change and 

provide adequate data supporting the 

proposed change. We ask that the 

petition include, or be accompanied by, 

detailed information supporting the 

requesting party’s contention that the 

requested change would serve the 

convenience of commerce. The 

principle for deciding whether to 

change a time zone is defined very 

broadly to include consideration of all 

impacts of such a change on a 

community. We also ask that the 

supporting documentation 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 elected officials 

believe to be relevant to the proceeding. 

We consider the effect on economic, 

cultural, social, and civic activities, and 

how a change in time zone would affect 

businesses, communication, 

transportation, and education. 

2005–2006 Indiana Time Zone 

Rulemaking Proceedings Involving the 

Petitioning Counties and Perry County 

In the summer of 2005, a new Indiana 

state law adopted Daylight Saving Time 

for the entire State and further provided 

that the State supported the county 

executives of any county that sought to 

change time zones. 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 to notify 

DOT of their request for a change by 

September 16, 2005, and to provide data 

in response to the questions identified 

in the previous section on DOT 

Procedures to Change a Time Zone 

Boundary. DOT received 19 petitions 

from counties asking to be changed from 

the Eastern Time Zone to the Central 


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Time Zone, including the Petitioning 

Counties and Perry County. 

In 2005, the Petitioning Counties 

submitted their petitions individually. 

In these petitions, they enumerated 

reasons for a move to the Central Time 

Zone based in large part on comments 

made during open, local public 

meetings in their respective counties. 

The Daviess County petition 

emphasized Evansville (in the Central 

Time Zone) as the place with the closest 

airport and the place where its residents 

shop, conduct business, and receive 

television broadcasts, with ‘‘numerous 

citizens’’ employed in Gibson County 

(in the Central Time Zone). The Dubois 

County petition pointed out that while 

many services are obtained withincounty, the decision to move to the 

Central 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 Knox 

County petition stated that many of its 

residents work in the Central Time 

Zone, creating ‘‘time zone issues during 

substantial portions of the year’’ and 

those residents who leave for schooling, 

recreation, healthcare and religious 

worship go to areas in the Central Time 

Zone. The Martin County petition stated 

that ‘‘inclusion in the Central Time 

Zone is preferred by a majority of those 

responding,’’ that 40% of its residents 

work outside of the County (mainly in 

the Central Time Zone), and that the 

primary providers of goods and 

recipients of products to and from the 

County are already located in or are 

petitioning to be in the Central Time 

Zone. The Pike County petition cited 

television and radio broadcasting, the 

interests of its mining industry and an 

increasing number of employees 

commuting to counties in the Central 

Time Zone. The Perry County petition 

provided detailed information to 

illustrate how a change to the Central 

Time Zone would serve the convenience 

of commerce. It discussed how the 

television broadcasts, newspapers, and 

work patterns favor Perry County being 

located in the Central Time Zone. 

Based on these petitions and 

comments that were submitted to the 

docket and made at the public hearings, 

as well as an analysis of Indiana 

economic, workforce, transportation, 

and education regions, and media/ 

commerce data, DOT concluded that the 

Petitioning Counties and Perry County 

have stronger ties to each other and to 

other counties to their south in the 

Central Time Zone than to the counties 

on their northern and eastern borders in 

the Eastern Time Zone. DOT, therefore, 

granted the petitions and changed the 

time zone boundaries for the Petitioning 

Counties and Perry County from the 

Eastern Time Zone to the Central Time 

Zone. The change to the Central Time 

Zone became effective on April 2, 2006. 

The Petitioning Counties Joint Petition 

Only a few months after the 

Petitioning Counties began to observe 

Central Time, on August 18, 2006, the 

Boards of Commissioners of the 

Petitioning Counties jointly submitted a 

new petition (Joint Petition) in which 

they enumerated the reasons that the 

Petitioning Counties, as a unit, should 

be changed back to the Eastern Time 

Zone. As compared to the 2005 petitions 

from the Petitioning Counties, the Joint 

Petition included more detailed 

information in answer to the questions 

DOT considers in making time zone 

determinations as well as exhibits in 

support of these answers. 

The Joint Petition requested a change 

contrary to the Petitioning Counties’

positions in their 2005 individual 

petitions. The Joint Petition claimed the 

2005 petitions ‘‘were incomplete and 

conclusory, and the information they 

contained was limited and largely based 

on opinion and not backed by 

substantial and verifiable evidence.’’

The Joint Petition stated that, since the 

January 2006 ruling, there has been ‘‘a 

groundswell of support for returning to 

the Eastern Time Zone, which has been 

a product of residents and businesses 

having been inconvenienced in ways 

that they could not have fully 

anticipated until the switch occurred.’’

Accordingly, the Joint Petition claimed 

‘‘to contain more extensive and 

thorough research on this issue.’’

The Joint Petition was accompanied 

by letters from Indiana Governor 

Daniels, the Indiana Economic 

Development Corporation, and the 

Indiana Department of Workforce 

Development. The Governor wrote in 

support of the Joint Petition, stating that 

putting more of the State on the same 

time zone will provide clarity on the 

time questions and advance economic 

growth. The two Indiana organizations 

addressed regional connectivity. They 

noted that they established their 

respective State regions based on their 

ability to deliver services. They did not 

establish regions based on time zones or 

‘‘convenience of commerce.’’

After reviewing the Joint Petition and 

its accompanying exhibits and letters of 

support, on September 28, 2006, DOT 

sent a letter to the Petitioning Counties 

requesting that certain procedural 

concerns be addressed. Specifically, 

DOT requested the submission of 

amended signature pages for each 

county, certifying that the request was 

the result of official action by the Board 

of County Commissioners, the vote of 

the Board members concerning the 

submission of the Joint Petition, the date 

of the vote, and the signature for each 

Board member. The Petitioning 

Counties complied with this request on 

November 13, 2006 (First Supplemental 

Response). 

On November 14, 2006, the DOT sent 

a second letter seeking clarification and 

additional information from the 

Petitioning Counties before making any 

determination on whether to propose a 

time zone boundary change for the 

Petitioning Counties. In turn, on 

December 6, 2006, the Petitioning 

Counties submitted a supplemental 

response and appendix (Second 

Supplemental Response) to DOT’s 

request for this additional substantive 

information. In response to an 

additional request from DOT, on May 

29, 2007, the Petitioning Counties sent 

another letter accompanied by 

numerous exhibits (Third Supplemental 

Response). 

2007 Notice of Proposed Rulemaking 

Concerning the Petitioning Counties 

Based on the Joint Petition and the 

three Supplemental Responses, on July 

19, 2007, DOT published a Notice of 

Proposed Rulemaking in the Federal 

Register finding that the Petitioning 

Counties provided enough information 

to justify proposing to change their 

boundary from the Central Time Zone to 

the Eastern Time Zone. The Petitioning 

Counties addressed all of the factors that 

DOT considers in these proceedings. 

The Petitioning Counties sufficiently 

justified proposing a change to the 

Eastern Time Zone based on 

information submitted concerning 

community imports and exports, bus 

service, the community’s economy and 

economic development, schooling, 

recreation, and regional connections. 

With regard to community imports and 

exports, the Petitioning Counties 

submitted sufficient information to 

show that many businesses and 

industries located in the Petitioning 

Counties have substantial business 

connections in the Eastern Time Zone. 

In addition, the Petitioning Counties 

submitted sufficient information to 

show that the convenience of commerce 

would better be served if businesses did 

not have to adjust for time zone 

differences. With regard to bus service, 

the Petitioning Counties provided 

information on the broader bus service 

available in locations in the Eastern 

Time Zone. The Petitioning Counties 

provided sufficient information to 

justify proposing a change back to the 

Eastern Time Zone under the 


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community’s economy/economic 

development and regional connections 

factors based upon a proposed extension 

of Interstate 69 (I–69) through central 

and southwestern Indiana and the 

economic impact of the Naval Surface 

Warfare Center in Crane (NSWC Crane). 

The Petitioning Counties pointed out 

that the expansion of I–69 would 

provide more economical and efficient 

access to Indianapolis because traffic 

will be able to flow north from 

southwest Indiana to the larger network 

of highways that go through 

Indianapolis. The Petitioning Counties 

submitted sufficient information 

concerning the recreation aspect of the 

convenience of commerce standard 

based on sporting activities and area 

attractions. The Petitioning Counties 

also submitted sufficient information 

concerning the education aspect of the 

convenience of commerce standard to 

justify proposing to change the time 

zone boundary based on after school 

activities and higher education. 

On the other hand, DOT found that 

the Petitioning Counties did not submit 

sufficient information with regard to 

several other factors, including worker 

commuting patterns, television/radio 

broadcasting, newspapers, airports/ 

airline services. In addition, the 

Petitioning Counties did not submit 

sufficient information concerning the 

religious observance or health care 

aspect of the convenience of commerce 

standard to justify proposing to change 

the time zone boundary. Nevertheless, 

overall, the Petitioning Counties made a 

sufficient case that changing back to the 

Eastern Time Zone would serve the 

convenience of commerce. 

Comments to the Docket—An Overview 

There were over 3500 entries to the 

docket in this proceeding concerning 

both the Petitioning Counties and Perry 

County. The vast majority of the 

comments were submitted either in emails, letters, or information 

submissions to DOT’s Docket 

Management System. Approximately 

225 persons left a telephone message 

for, or talked with, the contact person 

noted in the Notice of Proposed 

Rulemaking. A list of these persons is 

included in the docket. DOT notes that 

comments submitted to the prior time 

zone proceeding docket, OST–2005–

22114, after the issuance of DOT’s July 

2006 final rule but before the July 2007 

Notice of Proposed Rulemaking, were 

transferred to this docket and 

considered before issuing this final rule. 

Comments were made by the 

residents of the Petitioning Counties 

and Perry County, as well as other 

counties in Indiana, including 

Lawrence, Marion, Monroe, Orange, 

Owen, and Spencer Counties. Although 

this proceeding is only to address 

whether the time zone boundary should 

be changed for the Petitioning Counties 

and Perry County, the commenters 

suggested a wide variety of approaches 

to establishing time zone boundaries in 

Indiana, including moving their county 

to the Eastern Time Zone, keeping their 

county in the Central Time Zone, 

placing all of the State in the Eastern 

Time Zone, and placing all of the State 

in the Central Time Zone. Some said 

that they did not care whether it was the 

Central Time Zone or the Eastern Time 

Zone, they just wanted the State to be 

in the same time zone. A few 

commenters asked DOT to give Indiana 

a time zone and then ‘‘stay in it.’’ Others 

said that shifting time zones made 

things more confusing. 

Comments were submitted by elected 

officials. Governor Daniels, State 

Representative Crooks, the Martin 

County Commissioners (jointly), Martin 

County Commissioner Boyd in his 

individual capacity, Pike County 

Commissioner Flint, Martin County 

Council Member Gee, and City of Jasper 

Mayor Schmitt and Jasper’s seven 

council members submitted comments 

supporting the Eastern Time Zone. 

Santa Claus Town Councilman Burke 

submitted a comment in favor of the 

Central Time Zone for the Petitioning 

Counties. 

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. Some 

commenters made the choice of time 

zone reluctantly. The Martin County 

Board of Commissioners, for example, 

noted that they favored the entire State 

to be in the same time zone, but 

preferred the Eastern Time Zone as an 

alternative. This same sentiment was 

echoed by one Daviess County 

businessman who stated, ‘‘While I 

personally feel the entire state should be 

on the Central Time Zone due to our 

geographic location in the nation, we as 

a company would be better served to be 

in sync with the rest of the state. I 

thereby grudgingly request that Daviess 

be moved back to the Eastern Time 

Zone.’’ But as one commenter observed, 

‘‘we all have to see by now that there 

are benefits to both time zones.’’

Most commenters identified 

themselves, although some comments 

were submitted anonymously. Several 

individuals submitted multiple 

comments, usually providing 

commentary on information submitted 

by others. Some noted their affiliation as 

concerned parents and grandparents, 

interested family members, and 

volunteers. 

Comments were also submitted by a 

variety of business interests including a 

chamber of commerce. Cabinet and 

furniture manufacturers, banks, natural 

gas and electric companies, trucking 

companies, real estate offices, a 

university professor, lawyers, and grain 

and livestock farmers commented. 

Health care and insurance providers, 

construction companies, a sawmill and 

logging operator, information 

technology and metal companies, and 

small retail businesses also commented. 

Some comments included multiple 

signatures or multiple commenters. For 

example, with his letter, Representative 

Crooks submitted not only the results of 

his 2007 legislative survey, but the 

approximately 2500 actual responses 

that included comments on the time 

zone issue. Representative Crooks 

concluded by requesting that DOT 

return the Petitioning Counties to the 

Eastern Time Zone. In addition, the 

creator of advertisements and a Web site 

for DuboisCounty4CentralTime.com 

submitted approximately 500 comments 

on the time zone issue. Each of the 

comments included the commenter’s 

name, e-mail address, business 

affiliation (if applicable), time zone 

preference, and additional comments. 

While there were some comments in 

support of the Eastern Time Zone, as 

noted by the submitter, ‘‘the resounding 

support from business and the public is 

for central time.’’

DOT has recognized that time zone 

changes can be disruptive to a 

community and very divisive. Some 

commenters accused others of providing 

‘‘half truths and misleading 

information.’’ However, the lengths to 

which some would go to support a time 

zone change in their favor became 

apparent in the filing of two comments, 

one from the town of Ireland and the 

other from St. Raphael Catholic Church, 

both located in Dubois County and in 

support of the Central Time Zone. The 

former included the names of 114 

persons, the latter included 320 names, 

and neither included signatures. DOT 

was advised by the pastor of St. 

Raphael, the president of the St. 

Raphael’s parish council, and 

individuals on the lists that both lists 

were fraudulently submitted and did 

not represent the views of the persons 

on the list. 

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; geographic 

location of the State, with closer ties to 

Evansville, IN, and Owensboro, KY, 


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compared to Indianapolis and the East 

coast; safety of school children; and 

employment-related reasons such as 

wanting to live in and work in counties 

in the same time zone. Primary reasons 

given by those in favor of the Eastern 

Time Zone include commerce and the 

quality of life. With regard to commerce, 

commenters preferred the Eastern Time 

Zone because Indianapolis, the state 

capital, and the majority of the State are 

on the Eastern Time Zone, and the 

convenience of commerce would be 

better served if businesses did not have 

to adjust for time zone differences. With 

regard to the quality of life, commenters 

said it would be improved by having 

more daylight in the evening to spend 

time with the family or outdoors and 

because parents would have fewer 

problems with their children’s after 

school care and sporting events. 

DOT notes that several individuals 

sent multiple submissions to the docket, 

questioning information and data that 

were provided by the Petitioning 

Counties. DOT recognized that the 

Petitioning Counties had submitted 

information that needed to be clarified 

or corrected. DOT raised these concerns 

in several letters to the Petitioning 

Counties and, as a result, new 

information was submitted by the 

Petitioning Counties to DOT. DOT 

wanted to ensure that the data we rely 

upon are correct. We note, however, that 

the clarification of particular facts may 

not be dispositive to DOT’s 

determination that a time zone change 

would serve the convenience of 

commerce standard. Therefore, in this 

final rule, DOT broadly discusses the 

comments submitted as they relate to 

the convenience of commerce standard, 

without necessarily addressing specific 

factual issues raised by these comments. 

Comments on Safety of the Children, 

Voting, and Personal Preferences 

A substantial number of the 

commenters repeatedly raised safety of 

the children, voting, and their personal 

preferences. Commenters who said they 

preferred staying in the Central Time 

Zone relied upon concerns about the 

safety of the children. On the other 

hand, both opponents and proponents 

of time zone changes repeatedly noted 

that they were ‘‘voting’’ for their time 

zone preference. 

With regard to the safety of the 

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 

DOT to deny the requests to move to the 

Eastern Time Zone. Other concerned 

parents stated 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 and, therefore, preferred the 

Eastern Time Zone. 

Safety is the number one priority of 

the DOT and we are committed to 

improving safety of school children. 

However, as DOT noted in the January 

2006 final rule, ‘‘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.’’

With regard to voting for personal 

preferences, a significant number of 

comments to the docket were just a line 

or two stating, ‘‘I vote to keep the 

Petitioning Counties in the Central Time 

Zone,’’ or ‘‘I vote for the Eastern Time 

Zone,’’ or ‘‘My vote is for the same time 

zone for the entire State of Indiana,’’ or 

‘‘My husband and I vote for Eastern 

Time.’’ Many called for a public 

referendum on the issue. 

DOT’s decision whether to change the 

time zone boundary is not based on the 

number of persons supporting a 

particular time zone. Rather, as noted 

above, Congress adopted the statutory 

standard for decisions to move an area 

from one time zone to another: ‘‘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 

DOT to include consideration of all the 

impacts upon a community of a change 

in its time zone. 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 within a county and between 

neighboring counties in making 

decisions. The views or preferences of 

citizens, without regard for the 

convenience of commerce, are not 

sufficient to support a time zone change. 

Furthermore, with regard to comments 

requesting that DOT move the entire 

State to the same time zone, 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. 

Comments Addressing the Request of 

the Petitioning Counties and the 

Convenience of Commerce Standard 

In addition to the general comments 

received on the proposed time zone 

change for the Petitioning Counties, 

DOT also received specific comments 

relating to the questions DOT considers 

when determining whether to change a 

time zone boundary. These comments 

are summarized below and were 

considered by DOT in determining the 

appropriate time zone for the 

Petitioning Counties. 

Community Imports and Exports 

Large and small businesses 

commented in favor of both the Central 

and the Eastern Time Zone depending 

on the location of their suppliers and 

customers. However, those favoring the 

Eastern Time Zone also referred to lost 

business implications due to the 

unavailability of contacts at the 

beginning and end of the day and 

during lunchtime. For example, the 

Martin County Board of Commissioners 

noted that both the Martin County 

government and local businesses lost 

two hours a day. They stated, ‘‘There is 

a never-ending confusion with vendors 

and out of the area contacts about the 

time to contact parties.’’

In addition, one small business from 

Knox County commented that the 

struggles of time zone differences with 

customers and suppliers make it even 

more difficult to compete in a ‘‘big 

business world’’ and applauded the 

efforts of the Petitioning Counties to 

work together to move back to the 

Eastern Time Zone. Another small 

business from Dubois County noted that 

the number of missed calls 

‘‘skyrocketed’’ with the change to the 

Central Time Zone. Other small retailers 

preferred the Eastern Time Zone for the 

additional daylight at the end of the day 

for shoppers. As for larger organizations, 

the Commanding Officer of the Naval 

Service Warfare Center, Crane, (NSWC 

Crane) and Officer-in-Charge, Naval 

Support Activity, Crane, (NSA Crane) 

described a negative impact of the 

Central Time Zone on productivity. 

Some individuals supporting the 

Central Time Zone questioned what 

they referred to as the ‘‘supposed four 

hour difference’’ every business day and 

stated that in a global economy, 

businesses regularly ‘‘deal with it.’’ In 

addition, a few commenters questioned 

whether the Central Time Zone resulted 

in a negative impact on the productivity 

at NSWC Crane and submitted some 

newspaper articles that highlight 

contracts awarded across time zones. 


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Television and Radio Broadcasts 

With regard to television and radio 

broadcasts, the President of 

DCBroadcasting, a media company 

operating a community TV station and 

several radio stations in Dubois County 

and adjoining counties, noted that the 

company operated in both time the 

Central and Eastern Time Zones. The 

only reason he gave for supporting the 

Eastern Time Zone was that the Jasper, 

Huntingburg, and Ferdinand Chambers 

of Commerce, all in Dubois County, 

supported the Eastern Time Zone. 

Some individual commenters favoring 

the Central Time Zone noted that the 

majority of the television and radio 

signals received by the Petitioning 

Counties are from Evansville. One 

individual from Knox County expressed 

concern about a change back to the 

Eastern Time Zone because Knox 

County is ‘‘tornado alley’’ and radio 

stations broadcasting reports from the 

National Oceanic and Atmospheric 

Administration are from the Central 

Time Zone. Another Central Time Zone 

supporter noted that Dubois County 

residents receive weather watches and 

warnings from cities in the Central Time 

Zone. 

Newspapers 

Several individuals supporting the 

Central Time Zone noted that each of 

the Petitioning Counties has its own 

newspapers and that all have 

subscribers from the surrounding 

counties. In addition, these commenters 

also pointed out that more residents of 

the Petitioning Counties subscribe to the 

Evansville Courier & Press than to the 

Indianapolis Star. 

Bus and Passenger Rail Service 

Commenters generally noted that 

residents are not regular bus or rail 

passengers and that this question was 

irrelevant to this proceeding. For 

example, the Martin County Board of 

Commissioners noted in their comments 

to the docket that there is no passenger 

rail traffic in Southwest Indiana and an 

anonymous commenter said the number 

of persons who use these services is 

‘‘miniscule.’’ On the other hand, an 

individual from Knox County noted that 

the two closest passenger rail stations 

are two cities in Illinois in the Central 

Time Zone. 

Airports/Airline Services 

With regard to airports/airline 

services, the Commanding Officer of 

NSWC Crane and Officer-in-Charge, 

NSA Crane, noted that the travel office 

processes 1200 to 1400 travel orders per 

month and that the main airport used is 

the Indianapolis International Airport. 

He also claimed that the time zone 

difference between the installation and 

the airport has resulted in lost 

productivity. In addition, the Martin 

County Board of Commissioners noted 

that ‘‘the greatest majority of air 

passengers utilize the major airports at 

Indianapolis and Louisville.’’ With a 

time difference, they explained that 

travelers would need to leave Martin 

County by 2:30 or 3 a.m. to make a 7 

a.m. flight or travel to the airport the 

night before and incur additional 

expenses. 

A Central Time Zone supporter 

attached an article from the Evansville 

Courier and Press detailing the 

upcoming daily flights from Evansville 

to Indianapolis. This commenter 

suggested that persons could easily fly 

out of Evansville and connect in 

Indianapolis on their way to a final 

destination. 

Worker Commuting Patterns 

The majority of workers in the 

Petitioning Counties live and work in 

their home counties and the commuters 

do not have a large impact on the 

overall workforce in most of the 

Petitioning Counties. In Martin County, 

however, commuters make up 46.9% of 

the Martin County workforce. In some 

organizations, the number of employees 

from another county may even be 

greater. For example, NSWC Crane’s 

Commanding Officer and Officer-inCharge, NSA, Crane, provided a list of 

personnel and their home counties. He 

noted that 93% of NSWC Crane’s 2643 

employees and 65% of NSA Crane’s 145 

employees live in the Eastern Time 

Zone. In addition, his data showed that 

there are 1494 support service contract 

personnel and he surmised that they 

also lived predominantly in the Eastern 

Time Zone. 

Commenters from Martin County 

favoring the Central Time Zone 

expressed concern about a focus on 

worker commuting patterns and said 

that the time zone boundary for Martin 

County should focus on preferences of 

the residents of Martin County. For 

example, one commenter stated that the 

counties in the Eastern Time Zone 

surrounding Martin County should 

petition for a time zone change to the 

Central Time Zone in order to be in the 

same time zone as Martin County. 

The Community’s Economy/Economic 

Development 

The Dubois County Area 

Development Corporation commented 

in support of moving the Petitioning 

Counties to the Eastern Time Zone as 

did the Pike County Growth and 

Development Council. 

NSWC Crane, located primarily in 

Martin County with small portions in 

Greene and Lawrence Counties, has one 

of the largest technical workforces in 

Indiana and an annual operating budget 

of $1.7 billion, with approximately 2500 

employees and 1500 contract personnel. 

NSWC Crane’s Commanding Officer and 

Officer-in-Charge, NSA Crane, summed 

up the benefits of a move to the Eastern 

Time Zone saying, ‘‘It would enhance 

the business climate for the regions, and 

enhance the effectiveness of state and 

local efforts to diversify the economic 

base of the region as well as the 

development of the WestGate@Crane 

technology park.’’

Some individuals questioned the 

information provided in the Joint 

Petition and Supplemental Responses as 

related to NSWC Crane noting that 

rescheduling and logistical problems 

have been worked out during the 

months since the change in time zones. 

They also asserted that companies 

should have tracked and reported on 

their losses that resulted from a time 

zone change. 

Schools, Recreation, Health Care, or 

Religious Worship 

With regard to schooling, comments 

were submitted by school 

superintendents, parents, and the 

President of, as well as a professor of 

business and management from, 

Vincennes University. The 

Superintendent of the North Daviess 

Community Schools reported that the 

North Daviess Community School Board 

voted in favor of a return to the Eastern 

Time Zone. The superintendent noted 

that he concurred with the school 

board’s vote and believes ‘‘it is in the 

best interest of our entire school 

community.’’ In support of his position, 

the Superintendent stated that 25% of 

the teaching staff lives in the Eastern 

Time Zone, the entire athletic 

conference is in a different time zone, 

and that choral and band festivals with 

neighboring schools in different time 

zones have led ‘‘to confusion for parents 

and spectators.’’ In addition, the 

Superintendent of Greater Jasper 

Consolidated Schools in Dubois County 

supported a move to the Eastern Time 

Zone. He stated that ‘‘in order to have 

effective and timely communication 

with regard to education issues, Greater 

Jasper Consolidated School Corporation 

needs to be on the same time as the 

Department of Education in the State of 

Indiana.’’ The Superintendent of the 

Shoals Community School Corporation, 

in Martin County, also commented in 

favor of the Eastern Time Zone for 

staffing, school start times, and class 

schedules. 


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With regard to post-secondary 

education, the President of Vincennes 

University pointed out that students 

cross time zones daily and commented 

in support of the Eastern Time Zone so 

that each of its ‘‘campuses and sites 

could function consistently on the same 

time zone.’’

On the other hand, there were 

commenters who said that schooling 

issues favored the Central Time Zone. 

For example, one commenter from 

Dubois County noted that for postsecondary education, students in the 

community go to colleges in the Central 

Time Zone. The Vincennes University 

professor submitted a comment in favor 

of the Central Time Zone for Knox 

County. His only reason was ‘‘They 

have not been given enough time to 

appreciate the change.’’ An individual 

from Knox County noted that the Joint 

Petition referred to ‘‘one of the smallest 

public school systems in Knox County’’

in support of the Eastern Time Zone. 

The commenter provided two tables 

listing football and basketball schedules 

for the largest school corporation in 

Knox County to assert that if Knox 

County remained in the Central Time 

Zone even if the other Petitioning 

Counties were changed, there would be 

a higher percentage of games played in 

the Central Time Zone. 

With regard to recreation, the Martin 

County Board of Commissioners noted 

the proximity of Martin County to 

Indiana University in Monroe County 

and its cultural, sporting, and 

educational opportunities for Martin 

County residents, and that residents 

could avail themselves to these 

opportunities more easily if Martin 

County were in the Eastern Time Zone. 

The Dubois County Tourism 

Commission also submitted a comment 

supporting the Eastern Time Zone 

stating, ‘‘We feel it is crucial to operate 

on the same time zone as the majority 

of our state, as well as our state capital, 

Indianapolis.’’ In addition, the 

Commission noted that two-thirds of the 

business and leisure travelers to Dubois 

County travel from the north and east, 

areas that are in the Eastern Time Zone. 

With regard to health care, 

commenters expressed a time zone 

preference based on the time zone of 

their health care provider. Some gave no 

reason. For example, the Huntington 

Medical Association in Dubois County 

submitted the following comment: 

‘‘Please leave us on Central.’’ Others 

supplied more explanation for their 

preference. For example, an individual 

from Knox County said that health care 

is the ‘‘number one industry’’ in Knox 

County and that the majority of the 

patients come from the Central Time 

Zone. 

Regional Connections 

Some commenters said that the 

Petitioning Counties should be 

considered to be within the Evansville 

region. Others said that the Petitioning 

Counties are more closely connected to 

counties in the Eastern Time Zone. Yet 

the majority of commenters who 

mentioned regional connections noted 

that the Petitioning Counties should be 

kept together in the same time zone. 

However, one commenter from Knox 

County provided information in an 

attempt to prove that Knox County ‘‘has 

the greatest case to stay on Central 

time,’’ although he did say that he 

believed all the counties should be left 

in the Central Time Zone. 

DOT Determination With Regard to the 

Petitioning Counties 

Based on the Joint Petition, the three 

Supplemental Responses, and 

comments to the docket, DOT is 

relocating, for the convenience of 

commerce, the Petitioning Counties, 

Knox, Daviess, Martin, Pike, and Dubois 

Counties, from the Central Time Zone to 

the Eastern Time Zone. We did not 

receive information or data that would 

persuade us to change from our initial 

determination that the Petitioning 

Counties submitted sufficient 

information to justify a proposal for a 

time zone change. The totality of the 

information received by DOT supports a 

time zone change for the convenience of 

commerce. 

2007 Notice of Proposed Rulemaking 

and Supplemental Notice of Proposed 

Rulemaking Concerning Perry County 

Perry County is located in southwest 

Indiana, is contiguous to the Petitioning 

Counties, and had its time zone changed 

at the same time as the Petitioning 

Counties. Therefore, DOT asked for 

comments with regard to Perry County 

in the Notice of Proposed Rulemaking 

concerning the standard time zone 

boundary in Southwest Indiana 

published in the Federal Register on 

July 19, 2007. (72 FR 39593). Under our 

normal procedures, we do not take 

action unless a county makes a clear 

showing that the proposed change of 

time zone would meet the statutory 

standard. However, as we noted in our 

previous rulemaking on time zone 

boundary changes in Indiana, this has 

been an unusual proceeding because of 

the number of counties involved, their 

relationship to each other and to other 

neighboring counties, and the 

circumstances leading up to the 

petitions. DOT stated in the July 2007 

Federal Register notice, ‘‘We also 

understand that this proposal may have 

an impact on surrounding Counties, 

particularly Perry County which 

changed time zone boundaries at the 

same time as the Petitioning Counties. 

* * * Our decision in the final rule will 

be made on the basis of information and 

comments developed during the entire 

rulemaking proceeding.’’

At the time of the NPRM, DOT was 

unaware that, on June 1, 2007, Perry 

County submitted a Petition (2007 Perry 

County Petition) (OST 2007–28746–654) 

for a time zone boundary change back 

to the Eastern Time Zone, if DOT 

changed the time zone boundary of the 

Petitioning Counties. DOT reviewed the 

2007 Perry County Petition and the 

exhibits attached to it. The 2007 Perry 

County Petition addressed all of the 

factors that we consider in these 

proceedings. The 2007 Perry County 

Petition provided information about 

time zone impacts on businesses, 

workers, and the economy; 

transportation; radio, television, and the 

print media; and schooling, healthcare, 

and recreation. In addition, it included 

considerations of a time zone change on 

mail, safety, and energy as well as the 

preferences of Perry County residents. 

On July 31, 2007, DOT wrote to Perry 

County requesting additional 

information to justify that changing 

Perry County back to the Eastern Time 

Zone would serve the convenience of 

commerce. In addition, on August 8, 

2007, DOT provided notice of the 2007 

Perry County Petition in a Supplemental 

Notice of Proposed Rulemaking. (72 FR 

44466). DOT summarized the petition 

Perry County filed in support of its 

earlier request to change to the Central 

Time Zone (the 2005 Perry County 

Petition), the 2007 Perry County 

Petition, and DOT’s questions on the 

information submitted by Perry County. 

DOT sought comments on the 

justification provided by Perry County 

and responsive information to its 

questions. 

On August 9, 2007, Perry County 

submitted a response (Perry County 

Supplemental Submission) to DOT’s 

letter requesting additional information. 

2005 and 2007 Perry County Petitions 

and Perry County Supplemental 

Submission 

Community Imports and Exports 

The 2005 Perry County Petition to 

move from the Eastern Time Zone to the 

Central Time Zone stated that the 

primary employers in the county supply 

products to customers located 

throughout North America although 

most of the customer base is located in 


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the United States, either in the Midwest 

or the South. In addition, it noted that 

Perry County’s newer employers are 

considered ‘‘just-in-time’’ suppliers to 

the automotive industry which require a 

location less than a day’s distance from 

their respective customers. 

In lieu of answering the question on 

community imports and exports with an 

overview or analysis of the matter, the 

2007 Perry County Petition summarized 

and attached 16 letters from businesses, 

schools, a hospital, and individuals. 

According to the 2007 Perry County 

Petition, the letters express ‘‘a desire to 

change to the Eastern Time Zone’’

because business conducted on Eastern 

time and the difference in time zones 

‘‘causes operating challenges on a daily 

basis.’’ The 2007 Perry County Petition 

noted that ‘‘businesses in Perry County 

have in effect lost four hours of each day 

that they can deal with customers and 

suppliers from the Eastern Time Zone: 

One hour in the morning, two hours at 

lunch, and one hour at the end of the 

day.’’ In further support of the Eastern 

Time Zone request, the 2007 Perry 

County Petition specifically references 

three diverse businesses: The Southern 

Indiana Rural Electric Cooperatives, 

which would be the only Hoosier 

Energy Power Network out of 17 that 

would be in the Central Time Zone and 

claims metering and billing problems; 

Kleeman Masonary, Inc, which usually 

travels east in its construction business; 

and Perry County Memorial Hospital, 

which has difficulties dealing with 

insurance companies in the Eastern 

Time Zone. 

While the 2007 Perry County Petition 

claimed the 16 letters attached to it are 

from businesses and schools, DOT notes 

that two of the letters were written on 

business letterhead and merely 

provided a preference for a time zone 

without any justification. Another letter 

stated that it is ‘‘more cumbersome’’ to 

be on a different time zone, but provides 

no explanation. In contrast to the 16 

letters, the 2007 Perry County Petition 

states that the Perry County Chamber of 

Commerce has informed the Perry 

County Commissioners that ‘‘there are 

386 total employers located in Perry 

County’’ and that 41% of businesses 

have expressed a preference for the 

Central Time Zone. The 2007 Perry 

County Petition does not provide the 

reasons for the ‘‘preference.’’

In order to more clearly assess the 

impact of a time zone change on 

businesses, DOT asked Perry County to 

provide an analysis of time zone 

impacts on businesses in the county and 

the reasons for the time zone preference 

expressed by Perry County businesses. 

In response to DOT’s request, the 

Perry County Supplemental Submission 

stated, ‘‘The Perry County 

Commissioners have no additional 

analysis to submit; however attached 

hereto as Exhibit ‘‘A’’ is an additional 

letter from a local business which 

expresses a preference for Eastern Time 

Zone, and the reasons for the 

preference.’’

Television and Radio Broadcasts 

With regard to television broadcasts, 

the 2005 Perry County Petition stated 

that the County was ‘‘located within the 

Area of Dominant Influence for the 

Evansville, Indiana television market.’’

The 2005 Perry County Petition also 

stated that Perry County ‘‘receives cable 

and over-the-air broadcasts from the 

Louisville, Kentucky market as well.’’

The 2007 Perry County Petition made 

the same statements concerning 

television broadcasts. 

With regard to radio broadcasts, the 

2005 Perry County Petition stated that 

the ‘‘majority of the stations serving 

Perry County are located either in the 

Central Daylight Saving or Eastern 

Standard time zones.’’ The 2007 Perry 

County Petition elaborated on the 

previous petition by providing a list of 

AM and FM radio signals for five cities 

within the County based on information 

from radio-locator.com. As the 2007 

Perry County Petition noted, residents 

in the northern part of the County 

primarily receive radio signals from the 

Eastern Time Zone while residents in 

the southern part of the County receive 

radio signals from the Central Time 

Zone. While the 2007 Perry County 

Petition provides radio signal 

information for five cities, it did not 

provide any information about the 

population of those cities. 

In order to assess the impact of a time 

zone change on television and radio 

broadcasts, DOT asked Perry County for 

population data for Bristow, Cannelton, 

Leopold, St. Croix, and Tell City, the 

localities referred to in the 2007 Perry 

County Petition. The Perry County 

Supplemental Submission provided the 

2000 U.S. Census Bureau statistics for 

Tell City and Cannelton and the U.S. 

Census Bureau American Fact Finder 

reports for the other cities. According to 

this submission, the city or town and its 

population are: Tell City—12,094; 

Cannelton—2968; Bristow—1111; 

Leopold—568; and St. Croix—462. As 

noted in the 2007 Perry County Petition, 

the population of Perry County is in 

excess of 18,000. The majority of Perry 

County’s residents live in Tell City and 

Cannelton, in the southern part of the 

County which receives its radio signals 

from the Central Time Zone. 

Newspapers 

The 2005 Perry County Petition 

stated, ‘‘The primary daily newspaper 

that serves Perry County is the 

Evansville Courier & Press’’ in the 

Central Time Zone and that the local 

county newspaper, which publishes 

editions twice per week, also operates a 

printing plant that prints weekly 

newspapers for two Central Time Zone 

communities. On the other hand, the 

2005 Perry County Petition also noted 

that the Louisville Courier & Journal, 

from the Eastern Time Zone, maintains 

drop boxes for the Sunday edition at 

several area convenience stores. Daily 

service, however, is unavailable. 

The 2007 Perry County Petition 

provided more detailed information on 

newspaper use within the County. The 

2007 Perry County Petition asserted that 

Perry County residents ‘‘primarily’’

receive their news from the local 

newspaper, The Perry County News, 

which is published twice a week. 

Furthermore, according to the 2007 

Perry County Petition, there are 1,901 

weekday subscriptions and 2,271 

Sunday subscriptions for the Evansville 

Courier & Press. While this is consistent 

with Perry County’s original request for 

the Central Time Zone, the 2007 Perry 

County Petition claimed that the 

subscriptions support the Eastern Time 

Zone because the population base is in 

excess of 18,000. The 2007 Perry County 

Petition also noted that the Indianapolis 

Star has a very small circulation in the 

County; and, that the Louisville CourierJournal has no daily subscriptions in the 

County. 

With regard to newspaper publishing, 

DOT asked Perry County for the number 

of subscriptions of The Perry County 

News and the Indianapolis Star; the 

total number of households in Perry 

County; whether the residents of Perry 

County receive any newspapers from 

Daviess, Dubois, Knox, Martin, or Pike 

Counties and; if residents do receive 

newspaper from these counties, the 

circulation numbers of those 

newspapers within Perry County. 

The Perry County Supplemental 

Submission stated that there are 7270 

households in Perry County and that the 

total circulation and street sales for the 

Perry County News are 5625. The Perry 

County Supplemental Submission also 

corrected the circulations for two 

newspapers included in the 2007 Perry 

County Petition. While the 2007 Perry 

County Petition claimed that ‘‘the 

Indianapolis Star has a very small 

circulation in the County,’’ according to 

the Perry County Supplemental 

Response, the circulation is zero. With 

regard to the Louisville Courier-Journal, 


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the 2007 Perry County Petition claimed 

there were ‘‘no daily subscriptions in 

the County.’’ According to the Perry 

County Supplemental Response, 

however, the Louisville Courier-Journal 

distributes seven daily and thirteen 

Sunday newspapers in Perry County. As 

for other newspapers, the Perry County 

Supplemental Response stated that the 

Jasper Dubois County Herald reports 40 

mail subscribers in Perry County, but 

did not provide any information with 

regard to newspaper subscriptions for 

Daviess, Knox, Martin, or Pike County 

newspapers. 

Bus and Passenger Rail Service 

The 2005 Perry County Petition stated 

that there are no bus or passenger rail 

services in the community. The 2007 

Perry County Petition explained bus 

service in more detail, contrasting bus 

service provided in Evansville and 

Louisville, and freight rail services. The 

2007 Perry County Petition noted that 

Evansville is approximately 50 miles 

away and offers services to western and 

southern routes. In contrast, Louisville 

is approximately 75 miles away and 

offers service to the north, northeast, 

and south. As for rail service, although 

DOT requested information on 

passenger rail service, the 2007 Perry 

County Petition referred only to freight 

rail service that carries goods through 

several southern Indiana counties. 

Airports/Airline Services 

The 2005 Perry County Petition stated 

that the nearest airport is in Evansville, 

IN, located in the Central Time Zone, 

approximately 55 miles from Perry 

County. The 2005 Perry County Petition 

also noted that that there is an airport 

in Louisville, KY, in the Eastern Time 

Zone, 75 miles from Perry County. The 

2007 Perry County Petition reiterated 

the same information with regard to 

airport location and supplemented it by 

referring to the number of departures 

and destinations and the impact of early 

morning flights on travelers. According 

to the 2007 Perry County Petition, the 

Evansville Regional Airport has, 

approximately, only 35 daily departures 

in contrast to Louisville International 

Airport which offers daily departures to 

‘‘around 140 domestic destinations plus 

53 international destinations.’’ The 2007 

Perry County Petition also noted that 

because Louisville International Airport 

is in the Eastern Time Zone, it is 

‘‘extremely difficult’’ to take early 

morning flights unless travelers spend 

the night at or near the airport. 

Worker Commuting Patterns 

The 2005 Perry County Petition stated 

that 3,267 persons, or 26% of its total 

workforce, reside in Perry County but 

work outside of the County. Of the top 

five areas to which Perry County 

residents commute for work, four were 

in the Central Time Zone and, the fifth, 

Dubois County, was at that time 

requesting to be located in the Central 

Time Zone. (Dubois County is now 

requesting to be moved back to the 

Eastern Time Zone.) A STATS Indiana 

Annual Commuting Trends Profile 

based on Indiana IT–40 Returns for Tax 

Year 2003 was attached to the 2005 

Perry County Petition. 

The 2007 Perry County Petition also 

referred to the Perry County workforce. 

The actual numbers provided differ 

from the earlier submission because 

they are from STATS Indiana Annual 

Commuting Trends Profile based on 

Indiana IT–40 Returns for Tax Year 

2005. Nevertheless, the percentage of 

the workforce that leaves the County did 

not change; it remains 26%. 

The Community’s Economy/Economic 

Development 

The 2005 Perry County Petition 

discussed the major elements of the 

community’s economy, the 

improvement in the County’s economy, 

and efforts to ensure that the local 

economy continues to improve. The 

2005 Perry County Petition noted ‘‘a 

dramatic shift from traditional 

woodworking industries to a significant 

transportation cluster.’’ It stated that the 

‘‘primary employers manufacture 

products for the automotive, heavy 

truck, and aerospace industries.’’ The 

2005 Perry County Petition also referred 

to a regional rural hospital and noted 

the planning and infrastructure the 

County put in place to support future 

economic growth and its partnerships to 

enhance growth. 

The 2007 Perry County Petition’s 

answer to the question on the 

community’s economy is nearly 

identical to the 2005 Perry County 

Petition. There is only one change. The 

2007 Perry County Petition eliminated, 

in this response, reference to ‘‘a regional 

rural hospital which serves counties in 

Southern Indiana and Western 

Kentucky, located in the Central time 

zone.’’ However, it included the 

reference to the hospital in response to 

the question concerning health care. 

In order to assess the impact of a time 

zone change on the community’s 

economy, DOT asked Perry County to 

identify whether Perry County has 

entered into economic partnerships 

with Daviess, Dubois, Knox, Martin, or 

Pike Counties or other Counties in 

southern Indiana and, if it has entered 

into partnerships, the nature of these 

partnerships and how a time zone 

change would affect them. 

The Perry County Supplemental 

Submission stated that Perry County is 

a member of both the Indiana 15 

Regional Planning Commission and the 

Southwest Indiana Development 

Council. The Perry County 

Supplemental Submission noted that if 

both the Joint Petition and the 2007 

Perry County petition result in a time 

zone change for the 6 Southwestern 

Indiana Counties they cover, the change 

would impact the Indiana 15 Regional 

Planning Commission and the 

Southwest Indiana Development 

Council by reducing the number of 

Counties in the Central Time Zone. 

Schools, Recreation, Health Care, or 

Religious Worship 

With regard to schools, the 2005 Perry 

County Petition emphasized postsecondary education. While the 2005 

Perry County Petition recognized that 

Perry County residents attend postsecondary schools in the Eastern and 

Central Time Zones, it noted that more 

Perry County residents go to the 

University of Southern Indiana in the 

Central Time Zone than any other 

school. 

The 2007 Perry County Petition 

shifted the focus from post-secondary 

education to the high school level. It 

noted that no Perry County school 

districts are in more than one time zone, 

but said that the schools cross time 

zones to participate in sporting events. 

Exhibits 10 through 14 to the 2007 Perry 

County Petition provided information 

on the athletic conferences in southern 

Indiana, and the schedules for 

basketball, volleyball, football, cross 

country, baseball, and softball. The 2007 

Perry County Petition asserted that 

playing games in different time zones 

‘‘causes extreme complications with 

scheduling and arrival and departure 

times for the schools.’’

The 2005 Perry County Petition did 

not address recreation or whether 

County residents left the County to 

pursue recreational interests. The 2007 

Perry County Petition, however, stated, 

‘‘Perry County prides itself on its 

outdoor recreational activities including 

the vast amounts of Hoosier National 

Forest and ready access to the Ohio 

River for recreation such as boating, 

fishing and hunting.’’ The 2007 Perry 

County Petition also referred to 

recreational softball, baseball, and 

soccer leagues that could play later into 

the evening if the County were located 

in the Eastern Time Zone. 

In order to assess the impact of a time 

zone change on recreation, DOT 

requested information on whether 


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residents leave Perry County for 

recreation and the standard of time 

observed in the places where they go for 

this purpose. The Perry County 

Supplemental Submission stated, ‘‘Perry 

County was unable to locate any 

statistics concerning what percentage of 

residents leave the county for 

recreation.’’

With regard to health care, the 2005 

Perry County Petition noted that Perry 

County is ‘‘home to a regional rural 

hospital.’’ It also noted that residents 

‘‘primarily travel to Evansville and 

Jasper, Indiana’’ to purchase health 

services. Like the 2005 Perry County 

Petition, the 2007 Perry County Petition 

also noted the regional hospital and 

refers to a letter from Perry County 

Memorial Hospital. The letter stated that 

the hospital conducts ‘‘a lot of business 

with our State Capitol in Indianapolis’’

and that ‘‘the large insurance 

companies’’ that it does business with 

are also located there. 

While the letter from Perry County 

Memorial Hospital provides business 

reasons for an Eastern Time Zone 

preference, it does not address the 

impact of the current time zone on Perry 

County residents and whether they are 

referred to health care providers in other 

time zones. Therefore, in order to assess 

the impact of a time zone change on 

health care, DOT requested information 

on the number of patients referred from 

Perry County to health care providers in 

Evansville, Jasper, Indianapolis, and 

Louisville. The Perry County 

Supplemental Submission provided 

information concerning the patients 

transferred from Perry County Memorial 

Hospital in 2006. According to the Perry 

County Memorial Hospital transfer 

information, 728 out of 838 patients in 

2006 were transferred to hospitals in the 

Central Time Zone. Two of these Central 

Time Zone hospitals are in Evansville, 

IN, and the other is located in 

Owensboro, KY. 

Neither the 2005 Perry County 

Petition nor the 2007 Perry County 

Petition addressed religious worship 

and DOT had no additional questions 

concerning this issue. 

Regional Connections 

In the original rulemaking proceeding 

to change time zone boundaries from 

the Eastern Time Zone to the Central 

Time Zone, the Petitioning Counties, 

Perry County, and commenters 

advocated for a move by referring to 

their ties to other Indiana counties 

currently in the Central Time Zone. 

DOT carefully reviewed this data and 

utilized it in reaching its decision. DOT 

recognized the importance of regional 

connections and the benefits of similar 

time zones and regional ties among 

counties. As described in the summary 

of the hearings and comments to the 

docket in DOT’s January 2006 Final 

Rule, the Southwestern Counties have 

strong regional ties to each other and 

Central Time Zone Counties. DOT 

stated, ‘‘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. 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.’’

The 2007 Perry County Petition 

addressed regional connections by 

noting that at DOT’s hearing on time 

zones in November 2005, ‘‘Perry County 

representatives stated that one of the 

reasons for the requested change was 

the fact that Dubois County was also 

petitioning to be placed in the Central 

Time Zone.’’ The 2007 Perry County 

Petition also noted that five other 

counties in the area petitioned for a time 

zone change back to the Eastern Time 

Zone. 

DOT asked Perry County to address 

the regional connectivity of Perry 

County with other counties in southern 

Indiana, including those that have and 

have not petitioned for a time zone 

change and how a time zone change 

would affect regional connections. The 

Perry County Supplemental Submission 

stated, ‘‘Perry County has no additional 

information to submit in this response.’’

Comments Addressing Perry County’s 

Request 

In addition to general comments 

received on the proposed time zone 

change for the Petitioning Counties and 

Perry County’s request for a time zone 

change, DOT also received specific 

comments on the 2007 Perry County 

Petition. In general, Perry County 

individuals and businesses commented 

in support of a change to the Eastern 

Time Zone and also in favor of staying 

in the Central Time Zone. Businesses 

supporting the Eastern Time Zone 

referred to the general impact of lost 

ability to work with customers and 

suppliers. Some were more specific, 

referring to the actual impact on their 

business. For example, one trucking and 

excavating company referred to dealing 

with an Indiana county to the east that 

is located in the Eastern Time Zone. 

Because of this specific relationship, the 

owner supported the Eastern Time Zone 

for the County. Other commenters 

referred to the Petitioning Counties and 

said if the five other Counties were 

going to change time zones, Perry 

County should too. 

Those preferring the Central Time 

Zone also expressed both general and 

specific reasons to remain in the Central 

Time Zone. Commenters noted that 

nothing has changed in Perry County 

since the 2005 Perry County Petition 

and that Central Time is working for 

them personally and for their 

businesses. One commenter responded 

to the assertion that Perry County 

should change time zones because the 

five other Counties were changing by 

quoting his mother saying, ‘‘if the other 

person jumps off of a bridge it does not 

mean that you have to jump too.’’ The 

overwhelming majority of commenters 

concerning the time zone boundary for 

Perry County based their choice on 

personal preferences. 

There were comments with regard to 

the specific aspects of the convenience 

of commerce standard. While many 

assertions were made generally, there 

are a few that are worth noting. With 

regard to health care, commenters 

asserted that Perry County residents go 

to Owensboro, KY, to visit health care 

professionals. For example, one 

commenter expressed concern that DOT 

did not specifically request information 

about Owensboro and noted that a 

‘‘GREAT NUMBER’’ of Perry County 

residents travel to Owensboro for 

doctor’s appointments, hospital visits, 

outpatient surgery, and children’s 

orthodontist appointments. With regard 

to the education aspect of the 

convenience of commerce standard, the 

Superintendent of Cannelton City 

Schools commented on behalf of the 

Board of School Trustees. The 

Superintendent requested that Perry 

County remain on Central Time based 

on safety concerns of the students. 

DOT Determination With Regard to 

Perry County 

As we have noted, DOT’s 

determination as to whether to grant a 

request to change a time zone boundary 

is based upon our review of the 

information submitted. If sufficient 

information is not submitted to justify a 

time zone change under the statutory 

standard, the petition will be denied. 

Perry County has failed to make that 

showing. 

Perry County did not provide 

responsive information concerning the 

effect of a time zone change on 

community imports and exports. 


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54376 Federal Register / Vol. 72, No. 185 / Tuesday, September 25, 2007 / Rules and Regulations 

Instead, it made general assertions about 

businesses losing four hours each day to 

deal with customers and suppliers 

because of a time zone difference and 

offered 16 letters from businesses, 

schools, a hospital, and individuals 

supporting a change to the Eastern Time 

Zone. However, Perry County also 

stated that 41% of employers expressed 

a preference for the Central Time Zone. 

The majority of the Perry County 

population receives television and radio 

broadcasts from the Central Time Zone. 

While a much smaller number of 

residents, in the northern part of the 

County may receive more broadcasts 

from the Eastern Time Zone, Central 

Time Zone broadcasts are still readily 

available. In addition, the majority of 

households (5625 out of 7270) get the 

local newspaper published in Perry 

County. Of the residents interested in 

subscribing to another newspaper, 

nearly 2000 subscribe to the Evansville 

Courier & Press published in the Central 

Time Zone. As for newspapers 

published in the Eastern Time Zone, 

less then 50 residents are regular 

subscribers. Therefore, neither 

television and radio broadcasting nor 

newspaper circulation support a move 

back to the Eastern Time Zone. 

With regard to the worker commuting 

patterns factor, statistics show that 76% 

of the Perry County workforce resides 

and works in the County. Of the 26% 

that works outside of the County, at 

least 65% work in Central Time Zone 

Counties within Indiana or in Kentucky. 

Although Perry County has noted its 

participation in a planning commission 

and development council, Perry County 

has not provided any information about 

any past, current, or planned economic 

partnerships between Perry County and 

any of the Petitioning Counties or other 

Southwestern Indiana Counties that 

would result in jobs in the region, 

enhancing the County’s economy, or 

increasing the County’s tax base. 

Accordingly, Perry County has not 

provided persuasive evidence that, with 

regard to worker commuting patterns or 

the community’s economy or economic 

development, a time zone change would 

be beneficial to the County. With regard 

to health care, the majority of patients 

are referred to providers in the Central 

Time Zone, and Perry County has not 

shown that a change in the time zone is 

warranted for reasons related to health 

care. With regard to regional 

connectivity, Perry County provides no 

support for its request for a time zone 

change other than to refer to comments 

made at the 2005 hearings and the 

Petitioning Counties made no reference 

to any ties to Perry County in their 

discussions of connections with other 

Indiana counties. Passenger rail, bus, 

and airline services, education, 

recreation, and religious worship in 

Perry County do not appear to be 

impacted by time zones. However, at the 

high school level, athletic competition 

crosses time zones, and sporting events 

are played in both the Eastern and 

Central Time Zones. 

Based on the information submitted 

by Perry County and by other comments 

to the docket, Perry County appears to 

be oriented to the Central Time Zone 

and Perry County has not provided 

sufficient information based upon the 

convenience of commerce standard and 

DOT’s time zone factors to justify a time 

zone change. Therefore, DOT denies the 

2007 Perry County Petition. 

The Future of Time in Indiana 

Impact on Observance of Daylight 

Saving Time 

This final rule 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 

second Sunday in March until 2 a.m. on 

the first Sunday in November, except in 

any State that has, by law, exempted 

itself from this observance. In 2006, 

under State law, Indiana began 

observing Daylight Saving Time 

throughout the State. Both Central and 

Eastern Time Zone counties now 

observe Daylight Saving Time thereby 

preserving a one hour time difference 

throughout the year. This final rule does 

not change Indiana’s decision to observe 

Daylight Saving Time statewide. 

Practical Application of This Final Rule 

The effective date of this final rule is 

November 4, 2007, the changeover date 

from Daylight Saving Time to standard 

time. At 2 a.m. Central Daylight Saving 

Time, the Petitioning Counties do not 

change their clocks, because they are 

returning to the Eastern Time Zone. At 

2 a.m., the Petitioning Counties will be 

on Eastern Standard Time. As for Perry 

County, at 2 a.m., because Indiana now 

observes Daylight Saving Time, the 

clocks in Perry County should be moved 

back one hour, to 1 a.m. Central 

Standard Time. On March 9, 2008, the 

changeover date to Daylight Saving 

Time, all Indiana clocks will be moved 

ahead one hour. 

New Petitions for a Time Zone Change 

in Indiana 

As evidenced by the comments to the 

docket, time zone boundary changes can 

be extremely disruptive to a community. 

Therefore, a time zone change should 

not be made without careful 

consideration. DOT’s decision to change 

a time zone boundary 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 

DOT defines very broadly to include 

consideration of all the impacts upon a 

community of a change in its standard 

of time. To minimize disruption to 

Indiana communities and their residents 

and to allow DOT and these 

communities to fully assess the impact 

of changes to the time zone boundaries, 

DOT will not consider any petitions for 

a time zone change from any elected 

officials in Indiana for at least one year 

after the effective date of this final rule. 

Regulatory Analysis and Notices 

This final 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 final 

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 

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 economic 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 


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Federal Register / Vol. 72, No. 185 / Tuesday, September 25, 2007 / Rules and Regulations 54377 

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 final 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://dms.dot.gov. 

List of Subjects in 49 CFR Part 71 

Time zones. 

■ For the reasons discussed above, the 

Office of the Secretary amends Title 49 

part 71 to read as follows: 

PART 71—[AMENDED] 

■ 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; Pub. 

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

CFR 1.59(a). 

■ 2. Paragraph (b) of § 71.5, Boundary 

line between eastern and central zones, 

is revised to read as follows: 

§ 71.5 Boundary line between eastern and 

central zones. 

* * * * * 

(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 Marshall County; thence south 

along the west line of Marshall County; 

thence west along the north 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 Gibson County; 

thence easterly and northerly along the 

north line of Gibson County to the west 

line of Pike County; thence south along 

the west line of Pike County to the north 

line of Warrick County; thence east 

along the north line of Warrick and 

Spencer Counties to the west line of 

Perry County; thence easterly and 

southerly along the north and east line 

of Perry County to the Indiana-Kentucky 

boundary. 

* * * * * 

Issued in Washington, DC on: September 

19, 2007. 

Mary E. Peters, 

Secretary. 

[FR Doc. 07–4721 Filed 9–20–07; 1:38 pm] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

RIN 1018—AU77 

Endangered and Threatened Wildlife 

and Plants; Prudency Determination 

for the Designation of Critical Habitat 

for Trichostema austromontanum ssp. 

compactum 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of final determination. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), have 

reconsidered whether designating 

critical habitat for Trichostema 

austromontanum ssp. compactum, a 

plant, is prudent. We listed this taxon 

as threatened under the Endangered 

Species Act of 1973, as amended (Act), 

in 1998; at that time, we determined 

that designation of critical habitat was 

not prudent, because designation would 

increase the degree of threat to the taxon 

and would not benefit the taxon. As a 

consequence of a settlement agreement, 

we withdrew our previous not-prudent 

determination, and agreed to reevaluate 

the prudency of designating critical 

habitat. However, based on our review 

and evaluation of the best scientific and 

commercial information available, we 

believe that designation of critical 

habitat continues to be not prudent for 

T. a. ssp. compactum. 

DATES: This rule becomes effective on 

October 25, 2007. 

ADDRESSES: Comments and materials we 

receive, as well as supporting 

documentation used in the preparation 

of this determination, will be available 

for public inspection, by appointment, 


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