[Federal Register Volume 72, Number 27 (Friday, February 9, 2007)]
[Rules and Regulations]
[Pages 6170-6177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-601]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 71

[OST Docket No. 2006-26442]
RIN 2105-AD65


Standard Time Zone Boundary in Pulaski County, IN

AGENCY: Office of the Secretary (OST), the Department of Transportation 
(DOT).

ACTION: Final rule.

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SUMMARY: DOT is relocating the time zone boundary in Indiana to move 
Pulaski County, Indiana, from the Central Time Zone to the Eastern Time 
Zone. This action serves the convenience of commerce, the statutory 
standard for a time zone change, and is taken in response to a petition 
filed by the Pulaski County Commissioners and County Council.

DATES: The effective date of this rule is 2 a.m. CST, Sunday, March 11, 
2007, which is the changeover date from standard time to daylight 
saving time.

FOR FURTHER INFORMATION CONTACT: Judith S. Kaleta, Office of the 
General Counsel, U.S. Department of Transportation, Room 10428, 400 
Seventh Street, SW., Washington, DC. 20590, <a href="/cdn-cgi/l/email-protection#7a13141e131b141b0e13171f3a1e150e541d150c"><span class="__cf_email__" data-cfemail="127b7c767b737c73667b7f7752767d663c757d64">[email protected]</span></a>; (202) 
366-9283.

SUPPLEMENTARY INFORMATION:

Current Indiana Time Observance

    Indiana is divided into 92 counties. Under Federal law, 74 Indiana 
counties are in the Eastern Time Zone and 18 are in the Central Time 
Zone. The Central Time Zone counties include seven in the northwest 
(Lake, Porter, La Porte, Starke, Newton, Jasper, and Pulaski) and 
eleven in the southwest (Knox, Daviess, Martin, Gibson, Pike, Dubois, 
Posey, Vanderburgh, Warrick, Spencer, and Perry). The remaining 74 
counties are in the Eastern Time Zone. The entire State began to 
observe daylight saving time in 2006. Neighboring States observe both 
Eastern and Central time. Illinois and western Kentucky observe Central 
time, while eastern Kentucky, Ohio, and the portion of Michigan 
adjoining Indiana observe Eastern time.
    In January 2006, DOT completed a rulemaking proceeding establishing 
new time zone boundaries that resulted in the current time zone 
observance. In that rulemaking in response to a petition from Pulaski 
County as well as other Indiana counties, the County was moved to the 
Central Time Zone. Pulaski County is bordered to the north and west by 
counties in the Central Time Zone and to the south and east by counties 
in the Eastern Time Zone. In February 2006, Pulaski County filed a 
Petition requesting a time zone change back to the Eastern Time Zone, 
and subsequently filed an Amended Petition.
    In August 2006, Knox, Daviess, Martin, Pike, and Dubois Counties in 
Southwestern Indiana (the Southwestern Counties) filed a Joint Petition 
for a Time Zone Change (Joint Petition). This Final Rule addresses only 
Pulaski County. DOT is evaluating the Joint Petition and supplemental 
information from the Southwestern Counties before making a 
determination whether to propose a time zone change or deny the Joint 
Petition.

Statutory Requirements

    Under the Standard Time Act of 1918, as amended by the Uniform Time 
Act of 1966 (15 U.S.C. 260-64), the Secretary of Transportation has 
authority to issue regulations modifying the boundaries between time 
zones in the United States in order to move an area from one time zone 
to another. The standard in the statute for such decisions is ``regard 
for the convenience of commerce and the existing junction points and 
division points of common carriers engaged in interstate or foreign 
commerce.''

DOT Procedures To Change a Time Zone Boundary

    DOT has typically used 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 provide adequate supporting data for the proposed 
change. We ask that the petition include, or be accompanied by, 
detailed information supporting the requesting party's contention that 
the requested change would serve the convenience of commerce. The 
principal standard for deciding whether to change a time zone is 
defined very broadly to include consideration of all the impacts upon a 
community of a change in its standard of time. We also ask that the 
supporting documentation address, at a minimum, each of the following 
questions in as much detail as possible.

[[Page 6171]]

    1. From where do businesses in the community get their supplies, 
and to where do they ship their goods or products?
    2. From where does the community receive television and radio 
broadcasts?
    3. Where are the newspapers published that serve the community?
    4. From where does the community get its bus and passenger rail 
services; if there is no scheduled bus or passenger rail service in the 
community, to where must residents go to obtain these services?
    5. Where is the nearest airport; if it is a local service airport, 
to what major airport does it carry passengers?
    6. What percentage of residents of the community work outside the 
community; where do these residents work?
    7. What are the major elements of the community's economy; is the 
community's economy improving or declining; what Federal, State, or 
local plans, if any, are there for economic development in the 
community?
    8. If residents leave the community for schooling, recreation, 
health care, or religious worship, what standard of time is observed in 
the places where they go for these purposes?
    In addition, we consider any other information that the county or 
local officials believe to be relevant to the proceeding. We 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 Time Zone Rulemaking Proceedings

    On August 17, 2005, DOT published a notice in the Federal Register 
inviting county and local officials in Indiana that wished to change 
their current time zone in response to legislation adopted by the 
Indiana legislature (Pub. L. 243-005), to notify DOT of their request 
for a change by September 16, 2005 and to provide data in response to 
the questions above. In addition, DOT announced the opening of an 
internet-accessible, public docket to receive any petitions and other 
relevant documents concerning the appropriate placement of the time 
zone boundary in the State of Indiana.
    Pulaski County was one of nineteen counties that petitioned for a 
change. Pulaski County is located in Northwestern Indiana, 95 miles 
from both Chicago and Indianapolis and 60 miles from both South Bend 
and Lafayette. It has a population of 13,783. According to ``Key 
Economic Development Statistics,'' prepared for the Pulaski County 
Community Development Commission, dated January 6, 2004, ``Although the 
agricultural heritage of Pulaski County is very strong, the fact 
remains that 83% of all employment is created in non-agricultural 
opportunities.''
    The Pulaski County Commissioners submitted a petition (original 
petition) for a time zone change in which they enumerated reasons for a 
move to the Central Time Zone based on comments made during an open 
public meeting. The County Commissioners commented that, at that open 
public meeting, ``There were no citizens who were in favor of Eastern. 
All were in favor of leaving the time alone, by not having to change 
time during the year. But, if we have to choose one of the two, the 
choice would be Central Time.'' The Pulaski County Commissioners also 
noted the consideration of school children waiting during a late 
sunrise, the importance of sunlight to its farming community, 
television programming from South Bend and Chicago, newspapers from 
Indianapolis, South Bend, Logansport, and Chicago, and airports in 
Indianapolis and Chicago. In addition, the County Commissioners 
submitted annual commuting data in support of their position.
    On October 31, 2005, DOT published a Notice of Proposed Rulemaking 
(70 FR 6228), tentatively proposing to relocate the time zone boundary 
in Indiana to move the time zone boundaries for several counties, but 
not Pulaski County. However, the notice stated that if we received 
additional information supporting a time zone change, we would make the 
change at the final rule stage of the proceeding.
    On November 15, 2005, at a public hearing conducted by DOT in 
Logansport, Indiana, the Director of the Pulaski Community Development 
Commission presented information from the two major employers in the 
County who favored the Central Time Zone as well as from other 
employers. The President of the Pulaski County Council also spoke in 
favor of the Pulaski County petition; he noted the difficulty of being 
a border county and suggested that the entire state be in the same time 
zone. In written comments to the docket, one commenter noted that 
Pulaski County has regional ties to counties that are currently in the 
Central Time Zone or would be moved to the Central Time Zone by DOT's 
decision. He referred to workforce planning, economic growth, and 
economic development regions and said that moving Pulaski to the 
Central Time Zone would ensure that all counties in these regions were 
in the same time zone.
    There were 71 comments submitted to the docket from Pulaski County. 
Of these comments, 41 favored the Central Time Zone, 17 favored the 
Eastern Time Zone, and 13 expressed interest in keeping Indiana on the 
same time zone, expressing no preference.
    Based on the petition, comments at the hearing, and comments to the 
docket, Pulaski County was one of the eight counties that DOT moved 
from the Eastern Time Zone to the Central Time Zone under the January 
2006 final rule (71 FR 3228). The final rule was to be effective on 
April 2, 2006.
    On February 7, 2006, Pulaski County petitioned DOT for a time zone 
boundary change back to the Eastern Time Zone. The new petition 
followed DOT's final rule by only a few weeks and was submitted before 
the County had any experience with the new time zone changes that it 
had solicited. Furthermore, the new petition requested a change that 
was contrary to the County's original petition. The new petition stated 
that the original petition ``was made with an understanding that our 
neighboring counties were favoring the same Zone of Central Time.'' In 
addition, the new petition was also contrary to information submitted 
to the docket in the rulemaking proceeding. In fact, the County 
Commissioners represented that they did not provide accurate 
information in their original two-page petition. The new six-page 
petition provided various reasons for a time zone change, but did not 
provide detailed information in support of its new position or the 
sources for the new information submitted. Therefore, before making any 
determination on changing the time zone boundary for Pulaski County, in 
a May 22, 2006, letter, DOT reminded the County officials of the legal 
requirements for a time zone change and asked for an explanation of the 
contradictions between the original petition and the new petition. DOT 
also requested information, and the sources of the information, from 
Pulaski County to assist DOT in making a careful assessment on the 
appropriate time zone for the County consistent with Federal 
requirements.
    On June 27, 2006, Pulaski County submitted an Amended Petition that 
included answers to the questions DOT considers in making time zone 
determinations and exhibits in support of the answers. The Amended 
Petition repeatedly stated that the information set forth in the 
original petition in response to DOT's time zone questions ``is 
limited, and opinion without

[[Page 6172]]

substantial and verifiable evidence to support the claims made.'' The 
Amended Petition provided detailed responses to DOT's questions related 
to community imports and exports, television and radio broadcasts, 
newspapers, bus and passenger rail services, airports/airline services, 
worker commuting patterns, the community's economy/economic 
development, and schooling, recreation, health care, and religious 
worship. These responses were significantly more detailed than the 
information contained in the original petition or the February 7, 2006, 
petition, and provided the source of the information.
    In August 2006, Indiana Governor Daniels, the Indiana Economic 
Development Corporation, and the Indiana Department of Workforce 
Development submitted letters to the docket. The Governor supported the 
Amended Petition (as well as the Joint Petition filed by the 
Southwestern Counties), stating that putting more of the State on the 
same time zone would provide clarity on the time questions and advance 
economic growth. The two organizations addressed regional connections. 
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 ``stream of commerce.''

Notice of Proposed Rulemaking

    On November 28, 2006, DOT published a Notice of Proposed Rulemaking 
(NPRM) (71 FR 68777) proposing to move the time zone boundary for 
Pulaski County. Based on the Amended Petition and the supporting data 
submitted with it, DOT found that Pulaski County provided enough 
information to justify proposing to change its time zone boundary from 
the Central Time Zone to the Eastern Time Zone.
    To aid us in our consideration of whether a time zone change would 
be ``for the convenience of commerce,'' we asked for comments on the 
impact on commerce of a change in the time zone and whether a new time 
zone would improve the convenience of commerce. We requested that 
commenters address the impact on such things as economic, cultural, 
social, and civic activities and how time zone changes affect 
businesses, communication, transportation, and education. We 
specifically invited comment from neighboring Indiana counties and 
counties in other States that may also be impacted by changing Pulaski 
County's time zone boundary.
    We provided 30 days for public comments in this proceeding and said 
that we would consider late comments to the extent practicable.

Comments to the Docket

An Overview

    There were over 100 comments submitted in response to the NPRM, 
several with multiple signatures. Elected officials from Pulaski County 
commented to the DOT docket. Each of the three Pulaski County 
Commissioners filed comments as did the Winamac Town Council. There 
were comments from various large and small business interests, 
including farming, real estate, tax services, the food industry, and 
banks, all voicing support of either the Eastern or Central Time Zone 
based on operational issues and/or employee preferences. There were 
also comments from 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. While the majority of the commenters 
were from Pulaski County residents, there were commenters from White 
and Starke Counties, counties to the south and north of Pulaski County 
respectively, and from Seattle, Washington.
    The overwhelming majority of the commenters (93%) supported 
changing the time zone boundary for Pulaski County back to the Eastern 
Time Zone. The Pulaski County Commissioners, filing individual 
comments, supported a change to eliminate confusion for residents and 
unite with neighboring counties in the Eastern Time Zone. In support of 
the Eastern Time Zone for the Pulaski County, the Winamac Town Council 
said it would benefit the surrounding counties, school corporations, 
commuting residents, and that it would be helpful for the local 
government to be on the same time as the state government in 
Indianapolis. Most businesses commented on how a change back to the 
Eastern Time Zone would allow them more time during regular business 
hours to be in contact with suppliers and customers who are in the 
Eastern Time Zone. Two businesses sent in petitions with the names and 
signatures of over 200 individuals who ``desire to be on the same time 
as our surrounding counties'' and ``would also prefer to be on the same 
time as our state capitol.'' Individuals said ``it would be a hardship 
to have our county on a different time than the majority of the 
surrounding counties.'' Sharing the views of business, individuals also 
noted an interest in being in the same time zone as Indianapolis. Still 
other commenters expressed preference for the Eastern Time Zone so that 
they could enjoy more daylight in the evenings for recreational 
activities.
    The commenters who favored Central Time referred to a variety of 
reasons to support their position. Some mentioned current work and 
growing markets in the greater Chicago metropolitan area, which 
observes Central Time. Others noted the benefits of extra daylight in 
the early morning. Still others suggested Pulaski County really should 
try to observe Central Time, saying businesses never made a change from 
Eastern to Central Time, but merely adjusted hours of operation and 
called it ``Commerce Time.'' One Pulaski County resident noted that 
Starke County has ``survived'' the move to the Central Time Zone 
``quite well.'' A Starke County resident stated that Pulaski should 
remain on Central Time with Starke. A few Central Time Zone supporters 
expressed concern that support for Central Time ``has been stifled'' 
and that ``supporters of Central have been lampooned.''
    There were several commenters who expressed a ``One State, One 
Time'' position, some favoring the Eastern Time Zone and others 
preferring the Central Time Zone. Because Pulaski County borders on 
counties in the both the Eastern and Central Time Zones, commenters 
noted the hardship that split time zones have on school children, 
during their academic day and after school. At least one commenter 
suggested dividing the State ``down the middle.'' DOT does not have a 
statewide proposal before it nor has the Indiana legislature endorsed 
such an approach. It is beyond the scope of this proceeding, therefore, 
to consider this broader change to the State's time zone boundaries.
    A few commenters requested that DOT eliminate Daylight Saving Time. 
Federal law provides that it is up to an individual State to decide 
whether to observe Daylight Saving Time. This final rule does not 
change the 2006 decision of the Indiana legislature that the entire 
State observe Daylight Saving Time.
    In summary, as compared to 71 commenters to the docket in the first 
time zone proceeding, there were 272 commenters in this proceeding. Of 
these comments, 255 favored the Eastern Time Zone and 15 favored the 
Central Time Zone. Of these commenters, a few also expressed interest 
in having Indiana in the same time zone. In addition, 2 commenters 
expressed interest in having Indiana on the same time zone, expressing 
no preference.
    We now consider comments addressing the questions that DOT asks to 
decide whether a time zone change

[[Page 6173]]

would serve the convenience of commerce.

Community Imports and Exports

    Based upon the information submitted with the Amended Petition, the 
NPRM noted that it appears that the vast majority of the County's 
businesses and industries have their suppliers, customers and marketing 
connections with areas that are in the Eastern Time Zone and therefore, 
that moving the time zone boundary for Pulaski County to the Eastern 
Time Zone would serve the convenience of commerce. In proposing a 
change back to the Eastern Time Zone, the NRPM referred to the Amended 
Petition's extensive information regarding the sources of supplies and 
raw materials for major businesses and industries as well as the 
distribution points for their products and services. For example, the 
Joint Petition referred to the high production ranking in the state for 
corn and soybeans and that the inputs for these crops come from the 
Eastern Time Zone and that 85% of the marketing for these products 
occurs in the Eastern Time Zone. It also noted that agricultural 
fertilizer and chemical dealers marketing to the County are in the 
Eastern Time Zone. The markets for livestock, poultry and dairy 
products are in the Eastern Time Zone. The Amended Petition also noted 
the County's two financial institutions, both of which have branches in 
the Eastern and Central Time Zones. Exhibits to the Joint Petition 
provided data to support these claims. DOT solicited further 
information that would aid in determining whether a change in the time 
zone for Pulaski County would serve the convenience of commerce.
    Several businesses, large and small, commented that the impact of 
being in the Central Time Zone was the loss of time to contact 
customers and suppliers in the Eastern Time Zone. They noted that they 
are losing an hour of ``prime time'' in the morning in reaching the 
Eastern Time Zone, and that they also lost contact availability around 
lunch time and the end of the day.
    One small business with customers in White, Pulaski, Cass, and 
Fulton Counties noted that only Pulaski County was currently located in 
the Central Time Zone and it would ease problems with billing times if 
all its customers were in the same time zone. Another small company 
commented that moving to the Eastern Time Zone would benefit the 
company's drivers who must arrive at job sites around the state in 
Eastern Time Zone locations by 7:00 a.m.
    Representatives of several banks, from Presidents to branch 
managers, submitted comments in support of the Eastern Time Zone. One 
noted that the majority of the bank's business came from the Eastern 
Time Zone and that most of its branch offices were also in the Eastern 
Time Zone. Placement in the Central Time Zone resulted in being ``out 
of sync'' with the rest of their organizations. It had a direct effect 
on inter-office computer programming, dispatching, appointments, and 
personnel scheduling. Another bank representative mentioned operational 
difficulties and problems for employees in supporting a move to the 
Eastern Time Zone. That bank representative also took a broader 
perspective and said the bank supports the Eastern Time Zone ``to be 
with the majority of the state.''

Television and Radio Broadcasts

    In the NPRM, DOT noted that it was unable to determine whether the 
television and radio broadcasting aspect of the convenience of commerce 
standard supported a change in Pulaski County's time zone based on the 
Amended Petition. The Amended Petition provided information regarding 
television and radio broadcasting to cities in Pulaski County. It 
referred to Pulaski County's place in the South Bend/Elkhart Designated 
Market Area (DMA), noting that 8 of the 10 counties in the DMA were in 
the Eastern Time Zone. The Amended Petition maintained that having a 
part of the DMA in a different time zone makes it more difficult to 
timely report local news and that most of the news broadcasters 
covering local news are centered in the Eastern Time Zone. The Amended 
Petition also discussed cable TV service, Direct TV service, DISH 
Network, and the use of TV antennas. With regard to radio broadcasting, 
the Amended Petition provided a list of all Indiana radio stations, but 
did not indicate the strength of the radio signals in Pulaski County. 
DOT sought comment on the information submitted and requested any 
additional information on television and radio broadcasting in Pulaski 
County that would aid in determining whether a time zone change for 
Pulaski County would serve the convenience of commerce.
    Few comments submitted to the docket in response to the NPRM 
addressed this aspect of the convenience of commerce standard. The 
owner of a Winamac business mentioned, ``The bulk of our local media is 
in the eastern time zone'' and spending ``several thousand dollars a 
year on TV advertising.'' A Pulaski County resident commented that the 
County is ``more oriented'' to the Eastern Time Zone media markets than 
to the Central Time Zone. A visitor to the County noted ``the TV 
stations are mixed, the weather channel local weather is from Valpariso 
(central) the local radio station is in Knox (central).'' A student 
favored the Central Time Zone because, on Eastern Time, TV shows would 
be on an hour later.

Newspapers

    In the NPRM, DOT noted that it appears that moving the time zone 
boundary for Pulaski County to the Eastern Time Zone would serve the 
convenience of commerce based on the information submitted in the 
Amended Petition with regard to newspapers that serve the community. 
The Amended Petition provided data on newspaper circulation numbers in 
Pulaski County and discussed the circulation of Pulaski County's two 
family-owned newspapers. The Amended Petition also showed Pulaski 
County subscribers of Eastern and Central Time Zone newspapers. DOT 
sought comment on the information submitted and requested any 
additional information on newspaper circulation in Pulaski County that 
would aid in determining whether changing the time zone for Pulaski 
County would serve the convenience of commerce.
    The editor of the Francesville Tribune, one of two Pulaski County-
based newspapers, submitted a comment in support of the change to the 
Eastern Time Zone. In addition to expressing her opinion on the 
benefits of a time zone change for students, parents, hospitals, and 
patients, she stated, ``A large majority of our customers and 
advertisers are already in the eastern time zone and therefore 
communication must be done on eastern hours.'' The editor of the 
ExPress, ``Pulaski County's most read and respected paper,'' also 
submitted a comment in support of a change to the Eastern Time Zone, 
but did not comment upon the impact of time zone on the newspaper 
industry.

Bus and Passenger Rail Services

    As noted in the NPRM, DOT was unable to determine whether the bus 
and passenger rail services aspect of the convenience of commerce 
standard supports a change in Pulaski County's time zone based on the 
information submitted in the Amended Petition. The Amended Petition 
referred to the nearest bus and rail stations for north/south and east/
west in support of the Eastern Time Zone, although the Amended Petition 
admitted, ``The use of rail or bus services by Pulaski County

[[Page 6174]]

residents is unknown.'' DOT sought comment on the information submitted 
and requested any additional information on bus and rail services in 
Pulaski County that would aid in determining whether a time zone change 
for Pulaski County would serve the convenience of commerce.
    Although a few commenters generally referred to transportation, no 
comments were submitted that referred to bus and passenger rail 
service.

Airports/Airline Services

    In the NPRM, DOT stated that it was unable to determine whether the 
airports/airline aspect of the convenience of commerce standard 
supports a change in Pulaski County's time zone based on the 
information submitted in the Amended Petition. The Amended Petition 
identified three airports that could potentially serve Pulaski County 
residents: Indianapolis International Airport, 99 miles from the 
County; Chicago O'Hare, 124 miles from the County; and South Bend 
Regional Airport, 68 miles from the County. The Amended Petition 
admitted that ``no reliable information is available to demonstrate the 
number of Pulaski County residents who are airline passengers to and 
from Chicago and Indianapolis,'' but referred to the County's largest 
employer, noting that both staff and customers use the Indianapolis 
Airport. The Amended Petition also referred to the operations of 
package delivery services by FedEx and UPS, with hubs in the Eastern 
Time Zone. DOT sought comment on the information submitted and 
requested any additional information on airport and airline services in 
Pulaski County that would aid in determining whether changing the time 
zone for Pulaski County would serve the convenience of commerce.
    As noted above, a few commenters generally referred to 
transportation. There were no comments, however, concerning airports/
airline services.

Worker Commuting Patterns

    Based upon the information submitted with the Amended Petition with 
regard to worker commuting patterns, the NPRM noted that it appears 
that moving the time zone boundary for Pulaski County to the Eastern 
Time Zone would serve the convenience of commerce. The Amended Petition 
stated that, according to STATS Indiana Annual Commuting Trends 
Profile, 2004, 77% of Pulaski County residents who work do so in the 
County and 13% of the workforce comes from other counties. Of those 
coming into the County to work, more come from the Eastern Time Zone 
than the Central Time Zone. The Amended Petition summed up worker 
commuting by stating, ``Of those migrating in to work, the majority 
come from the Eastern Time Zone. Of those going out of the County to 
work, a lesser number go to the Central Time Zone than the Eastern Time 
Zone.'' DOT solicited further information and data supporting or 
rebutting the information supplied by the Amended Petition and how it 
supports a change in the time zone for the convenience of commerce.
    A few commenters referenced worker commuting patterns generally to 
favor a move to the Eastern Time Zone. Some were businesses discussing 
employee home and work locations. Others were individuals commenting on 
their personal experience. No commenters claimed that worker commuting 
patterns supported remaining in the Central Time Zone.

The Community's Economy/Economic Development

    Based upon the information submitted with the Amended Petition with 
regard to economic development, the NPRM noted that it appears that 
moving the time zone boundary for Pulaski County to the Eastern Time 
Zone would serve the convenience of commerce. The Amended Petition 
stated, ``Outside of its borders Pulaski County is not a `hub' for the 
regional economy. It is a peripheral player.'' In support of this 
assertion, the Amended Petition referred to a study undertaken by the 
Pulaski County Community Development Commission that states that the 
employment in the County ``is highly concentrated in agriculture, 
manufacturing, and government.'' DOT solicited further information and 
data supporting or rebutting the information supplied by the Amended 
Petition and how it supports a change in the time zone for the 
convenience of commerce.
    In response to the NPRM, the Executive Director of the Pulaski 
County Community Development Commission expressed his support for the 
Eastern Time Zone, based on ``a year of experience in working with this 
issue.'' He noted that ``the majority'' of the Commission's ``contacts 
and clients favor the Eastern Time Zone.'' A member of the Pulaski 
County Community Development Commission expressed a different view, 
favoring the Central Time Zone. He noted that his company sees ``growth 
in the markets to the greater Chicago land areas, all of which observe 
Central Time'' and that ``growth will come as a result of the continued 
growth of Chicago, Valparaiso, and Rensselaer.''
    Several agri-businesses submitted comments favoring the Eastern 
Time Zone, noting the agri-business community ``relies on several 
businesses to open early to provide goods and services to * * * local 
and surrounding communities. It is best for all of these related 
businesses to be on the same time zone to communicate with one another 
as needed.''

Schooling, Recreation, Health Care, or Religious Worship

    Based on the information submitted in the Amended Petition with 
regard to higher education and recreation and possibly health care, the 
NPRM noted that it appears that moving the time zone boundary for 
Pulaski County to the Eastern Time Zone would serve the convenience of 
commerce. The NPRM also noted that it is unclear whether a time zone 
boundary change would serve primary and secondary education. DOT sought 
comment on the information submitted and requested additional 
information on schooling as it relates to the school districts that 
cover Pulaski County. DOT also requested comments on any other 
recreational activities that would be relevant to this proceeding, on 
whether the home health care visits by county of residence noted on 
page 24 of the Amended Petition were based on a per person or per visit 
basis, and on a time zone change and its effect on religious worship, 
if any.
    The Amended Petition noted that there are four school districts 
that cover Pulaski County, serving Pulaski County and counties in the 
Eastern and Central Time Zones. The Amended Petition provided detailed 
information on the number of students in each school district and the 
county of residence for the faculty. In addition, it included detailed 
information on the athletic programs and events scheduled in Eastern 
and Central Time Zone counties. With regard to higher education, the 
Amended Petition asserted that the employees of businesses encouraging 
additional schooling and high school graduates unable to afford campus 
life will have limited opportunities if Pulaski County were to remain 
in the Central Time Zone. The Amended Petition noted six of the eight 
colleges and universities within 50 miles are located in the Eastern 
Time Zone.
    In response to the NPRM request for comments on the impact of a 
time zone change with regard to schooling, the Superintendent of 
Schools for the Eastern Pulaski Community School Corporation wrote 
favoring the Eastern Time Zone, ``in the best interest of * * * 
students, parents, staff, and

[[Page 6175]]

community.'' He noted the schools ``interact with those counties in the 
Eastern Time Zone far more than counties in the Central Time Zone.'' He 
referred specifically to special education students commuting to 
Logansport and students from Fulton County in the Eastern Time Zone. 
Several businesses submitted comments in favor of the Eastern Time Zone 
due to the negative impact of the Central Time Zone on their workers 
who had school children. Parents, too, wrote in support of the Eastern 
Time Zone based on their children commuting to schools in the Eastern 
Time Zone. On the other hand, one commenter who favored the Central 
Time Zone noted that ``West Central has several students who live in 
Jasper County (central time zone) they also have students that they 
transport to Rensselaer (central).'' However, as one commenter who 
favored Central Time stated, ``no matter what is decided, someone is 
going to have to deal with students being in different time zones.'' A 
student favored the Central Time Zone so that his father could attend 
his sporting events. DOT specifically requested comments from the 
Fulton, Marshall, Starke, and Jasper Counties that are in the same 
school districts as Pulaski County, but did not receive any comments 
from these counties.
    With regard to recreation, the Amended Petition stated, ``Indiana 
is unique in its observance of college and high school basketball as a 
main source of family entertainment.'' The Amended Petition noted that 
five out of the six colleges noted for collegiate sports within 100 
miles of Pulaski County are in the Eastern Time Zone. The Amended 
Petition also noted that with regard to professional football and 
basketball, there is an equal split between the Eastern and Central 
Time Zones.
    With regard to health care, the Amended Petition provided 
substantial information on the activities of Pulaski Memorial Hospital, 
which the Amended Petition identifies as ``the primary health care 
provider in Pulaski County'' and its second largest employer. 
Commenting on in-patient and out-patient referrals, practitioners and 
specialty group physicians, and in-home health care, the Amended 
Petition asserted, ``Pulaski Memorial Hospital activities, with one (1) 
exception point to the Eastern Time Zone.'' It supported this assertion 
with detailed statistics.
    In response to the NPRM's request for comments with regard to 
health care, the Chief Executive Officer submitted comments to the 
docket on behalf of the Pulaski Memorial Hospital Board of Trustees and 
the hospital's medical staff, supporting a change back to the Eastern 
Time Zone. He noted a ``significant number of physicians who have a 
part time clinical practice in Winamac but whose main practice 
locations are in other towns in the Eastern Time Zone would be 
adversely affected'' if Pulaski County were in the Central Time Zone. 
He further noted, ``Reasonable access by the citizens of Pulaski County 
to high quality specialized medical and surgical care is dependent upon 
these physicians * * *'' A family physician commented that ``90% of the 
people and organizations both business and nonprofit that I deal with 
are on eastern time.'' Another family physician noted his medical 
referrals are ``almost exclusively oriented'' to the Eastern Time Zone. 
A nurse practitioner noted that ``patients are confused as to what time 
it is,'' resulting in missed appointments. A doctor of optometry 
supported the Eastern Time Zone for patient scheduling purposes, 
patient referrals, and for buying materials and supplies. Individuals 
commented on their primary physicians, specialists, and dentists in the 
Eastern Time Zone.
    The Amended Petition did not address religious worship. In response 
to DOT's request for comments on this aspect of the convenience of 
commerce standard, a few commenters mentioned time zone differences 
with regard to going to church services. Two religious organizations 
submitted comments on the impact of time zone on religious worship, 
supporting the Eastern Time Zone. The church leader of Grace 
International Ministries doing business as Church of the Heartland 
noted that the Church has over 400 members ``involved in 5 counties 
with 5 campus locations.'' He stated, ``For the sake of scheduling 
services, travel and for convenience of parishioners and staff, it 
would greatly enhance our ministries if Pulaski were moved to the 
Eastern Time Zone.'' The Pastor of the Fellowship Baptist Church noted 
its members lived in the Eastern Time Zone, with only one family living 
in Starke County in the Central Time Zone and the rest living in either 
Pulaski County or Fulton, Cass, or White Counties in the Eastern Time 
Zone.

Regional Connections

    Based on the information submitted in the Amended Petition with 
regard to regional connections, the NPRM noted that it appears that 
moving the time zone boundary for Pulaski County to the Eastern Time 
Zone would serve the convenience of commerce. The Amended Petition 
referred to regions established by the State of Indiana and said, 
``These regions are properly regarded as regions for the administrative 
ease of delivering governmental services and should not be relied upon 
as decisive evidence of what time zone best serves the commercial 
convenience of Pulaski County. Regardless of where Pulaski County is 
placed in state government regions, Pulaski County is fundamentally 
different as a rural county and on the periphery from the major cities 
that comprise the hub of these regions.'' It further stated, ``A 
rational basis can be asserted for including Pulaski County in a time 
zone that serves commercial convenience focusing on small rural 
populations with an agricultural/small manufacturing economy. This 
informal region would include the counties of Fulton, Pulaski, White, 
Jasper, and Newton.''
    Regional connections are also addressed in letters from the Indiana 
Economic Development Corporation and the Indiana Department of 
Workforce Development. They noted that they established their 
respective regions based on their ability to deliver services. They did 
not establish regions based on time zones or ``stream of commerce.'' 
The data from STATS Indiana concerning employment and earnings by 
industry identified the source of the information as the Bureau of 
Economic Analysis (BEA), which produces economic statistics to help 
government and business decision-makers, researchers, and the American 
public to follow and understand the performance of the Nation's 
economy. Pulaski County is in BEA area 156 with other counties that are 
in the Eastern Time Zone (Elkhart, Fulton, Kosciusko, Lagrange, 
Marshall, St. Joseph Counties in Indiana and Berrien, Cass, and St. 
Joseph Counties in Michigan), with the exception of Starke County. 
Starke County, like Pulaski County, petitioned to have its time zone 
boundary changed to the Central Time Zone and DOT granted that petition 
and changed the time zone in January 2006. Starke County did not seek 
to change its time zone boundary back to the Eastern Time Zone. DOT 
sought comment on the information submitted and requested any 
additional information concerning regional connections that would aid 
in determining whether changing the time zone for Pulaski County would 
serve the convenience of commerce.
    As noted above, the Indiana Economic Development Corporation and 
the Indiana Department of Workforce Development submitted letters to 
the docket prior to the NPRM, addressing regional connections. They 
noted that

[[Page 6176]]

they established their respective state regions based on their ability 
to deliver services. They did not establish regions based on time zones 
or ``stream of commerce.'' A few commenters to the NPRM referred to 
connections with the surrounding counties in the Eastern Time Zone. 
These commenters did not provide any detailed information.

DOT Determination

    Based upon the Amended Petition, information submitted with the 
Amended Petition, and comments submitted in response to the NPRM, DOT 
is relocating the time zone boundary for Pulaski County from the 
Central Time Zone to the Eastern Time Zone.
    Pulaski County addressed all the factors we consider in these 
proceedings and made a convincing case that changing back to the 
Eastern Time Zone would serve the convenience of commerce by providing 
more detailed and substantiated information than the original petition 
and comments submitted. Written comments supported moving Pulaski 
County to the Eastern Time Zone. We did not receive any additional 
information that would persuade us to change our initial determination 
as proposed in the November 2006 NPRM.
    DOT is unable to determine whether the transportation-related 
aspects (rail/bus/airports/airline services) of the convenience of 
commerce standard as well as the television/radio broadcast aspects of 
the standard support a change in Pulaski County's time zone. However, 
that the vast majority of the County's businesses and industries have 
their suppliers, customers, and marketing connections with areas that 
are in the Eastern Time Zone. Commenters addressing this issue make a 
strong case for the Eastern Time Zone. Newspapers that serve the 
community, worker commuting patterns, higher education, recreation, 
health care concerns as well as regional connections appear to favor 
the Eastern Time Zone.

Conclusion

    In our experience, time zone boundary changes can be extremely 
disruptive to a community and, therefore, should not be made without 
careful consideration. Both for legal and policy reasons, the 
truthfulness of information submitted to the United States government 
is of critical importance. Indeed, it is legally required under 18 
U.S.C. 1001, as we reminded the County officials in our May 22, 2006, 
that preceded the Amended Petition. DOT takes seriously the review of 
any petition seeking a change in time zone boundaries and relies upon 
the accuracy of data and information supporting the petition. 
Therefore, we have relied upon the new information and data provided by 
the County and other commenters and expect it to be both accurate and 
truthful. DOT devoted an extensive amount of time in analyzing the 
original petition and issuing a final rule to change the time zone 
boundary for Pulaski County to the Central Time Zone and to this 
proceeding changing the time zone boundary back to the Eastern Time 
Zone. We have determined that a change in the time zone boundary to the 
Eastern Time Zone serves the convenience of commerce, and we expect the 
County and its citizens to comply with this final rule.

Regulatory Analysis & 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 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 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.

[[Page 6177]]

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.


0
For the reasons discussed above, the Office of the Secretary amends 
Title 49 part 71 to read as follows:

PART 71--[AMENDED]

0
1. The authority citation for part 71 continues to read as follows:

    Authority: Secs. 1-4, 40 Stat. 450, as amended; sec. 1, 41 Stat. 
1446, as amended; secs. 2-7, 80 Stat. 107, as amended; 100 Stat. 
764; Act of Mar. 19, 1918, as amended by the Uniform Time Act of 
1966 and Pub. L. 97-449, 15 U.S.C. 260-267; Pub. L. 99-359; Pub. L. 
106-564, 15 U.S.C. 263, 114 Stat. 2811; 49 CFR 1.59(a).


0
2. Paragraph (b) of Sec.  71.5, Boundary line between eastern and 
central zones, is revised to read as follows:


Sec.  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 Mashall 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 
Knox County; thence easterly along the north line of Knox, Daviess, and 
Martin Counties to the west line of Lawrence County; thence south along 
the west line of Lawrence, Orange, and Crawford Counties to the north 
line of Perry County; thence easterly and southerly along the north and 
east line of Perry County to the Indiana-Kentucky boundary.
* * * * *

    Issued in Washington, DC on: February 5, 2007.
Mary E. Peters,
Secretary.
[FR Doc. 07-601 Filed 2-6-07; 4:10 pm]
BILLING CODE 4910-62-P


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