15 U.S.C. § 260a — Advancement of time or changeover dates

Page 646 TITLE 15—COMMERCE AND TRADE § 260 other agencies in carrying out sections 257 to 257i of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 60 days after Oct. 22, 1968, see section 3 of Pub. L. 90–628, set out as a note under section 251 of this title. SUBCHAPTER IX—STANDARD TIME § 260. Congressional declaration of policy; adop- tion and observance of uniform standard of time; authority of Secretary of Transpor- tation It is the policy of the United States to pro- mote the adoption and observance of uniform time within the standard time zones prescribed by sections 261 to 264 of this title, as modified by section 265 of this title. To this end the Sec- retary of Transportation is authorized and di- rected to foster and promote widespread and uniform adoption and observance of the same standard of time within and throughout each such standard time zone. (Pub. L. 89–387, § 2, Apr. 13, 1966, 80 Stat. 107; Pub. L. 97–449, § 2(c), Jan. 12, 1983, 96 Stat. 2439.) Editorial Notes AMENDMENTS 1983—Pub. L. 97–449 substituted ‘‘Secretary of Trans- portation’’ for ‘‘Interstate Commerce Commission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 89–387, § 6, Apr. 13, 1966, 80 Stat. 108, provided that: ‘‘This Act [enacting this section and sections 260a, 266, and 267 of this title and amending sections 261 to 263 of this title] shall take effect on April 1, 1967; ex- cept that if any State, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or any political subdivision thereof, ob- serves daylight saving time in the year 1966, such time shall advance the standard time otherwise applicable in such place by one hour and shall commence at 2 o’clock antemeridian on the last Sunday in April of the year 1966 and shall end at 2 o’clock antemeridian on the last Sunday in October of the year 1966.’’ SHORT TITLE Pub. L. 89–387, § 1, Apr. 13, 1966, 80 Stat. 107, provided: ‘‘That this Act [enacting this section and sections 260a, 266, and 267 of this title and amending sections 261 to 263 of this title] may be cited as the ‘Uniform Time Act of 1966’.’’ § 260a. Advancement of time or changeover dates (a) Duration of period; State exemption During the period commencing at 2 o’clock antemeridian on the second Sunday of March of each year and ending at 2 o’clock antemeridian on the first Sunday of November of each year, the standard time of each zone established by sections 261 to 264 of this title, as modified by section 265 of this title, shall be advanced one hour and such time as so advanced shall for the purposes of such sections 261 to 264, as so modi- fied, be the standard time of such zone during such period; however, (1) any State that lies en- tirely within one time zone may by law exempt itself from the provisions of this subsection pro- viding for the advancement of time, but only if that law provides that the entire State (includ- ing all political subdivisions thereof) shall ob- serve the standard time otherwise applicable during that period, and (2) any State with parts thereof in more than one time zone may by law exempt either the entire State as provided in (1) or may exempt the entire area of the State lying within any time zone. (b) State laws superseded It is hereby declared that it is the express in- tent of Congress by this section to supersede any and all laws of the States or political subdivi- sions thereof insofar as they may now or here- after provide for advances in time or changeover dates different from those specified in this sec- tion. (c) Violations; enforcement For any violation of the provisions of this sec- tion the Secretary of Transportation or his duly authorized agent may apply to the district court of the United States for the district in which such violation occurs for the enforcement of this section; and such court shall have jurisdiction to enforce obedience thereto by writ of injunc- tion or by other process, mandatory or other- wise, restraining against further violations of this section and enjoining obedience thereto. (Pub. L. 89–387, § 3, Apr. 13, 1966, 80 Stat. 107; Pub. L. 92–267, Mar. 30, 1972, 86 Stat. 116; Pub. L. 97–449, § 2(c), Jan. 12, 1983, 96 Stat. 2439; Pub. L. 99–359, § 2(b), July 8, 1986, 100 Stat. 764; Pub. L. 109–58, title I, § 110(a), Aug. 8, 2005, 119 Stat. 615.) Editorial Notes AMENDMENTS 2005—Subsec. (a). Pub. L. 109–58 substituted ‘‘second Sunday of March’’ for ‘‘first Sunday of April’’ and ‘‘first Sunday of November’’ for ‘‘last Sunday of Octo- ber’’. 1986—Subsec. (a). Pub. L. 99–359 substituted ‘‘first Sunday of April’’ for ‘‘last Sunday of April’’. 1983—Subsec. (c). Pub. L. 97–449 substituted ‘‘Sec- retary of Transportation or his’’ for ‘‘Interstate Com- merce Commission or its’’. 1972—Subsec. (a). Pub. L. 92–267 authorized any State with parts thereof lying in more than one time zone to exempt by law that part of such State lying within any time zone from provisions of this subsection providing for advancement of time. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–58, title I, § 110(b), Aug. 8, 2005, 119 Stat. 615, provided that: ‘‘Subsection (a) [amending this sec- tion] shall take effect 1 year after the date of enact- ment of this Act [Aug. 8, 2005] or March 1, 2007, which- ever is later.’’ EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–359, § 2(e), July 8, 1986, 100 Stat. 765, pro- vided that: ‘‘This section [amending this section and enacting provisions set out as notes below] shall take effect 60 days after the date of enactment of this Act [July 8, 1986], except that if such effective date occurs in any calendar year after March 1, this section shall take effect on the first day of the following calendar year.’’ Page 647 TITLE 15—COMMERCE AND TRADE § 261 1 So in original. Probably should be followed by ‘‘by’’. STUDY AND REPORT ON ENERGY CONSUMPTION; REVERSION Pub. L. 109–58, title I, § 110(c), (d), Aug. 8, 2005, 119 Stat. 615, provided that: ‘‘(c) REPORT TO CONGRESS.—Not later than 9 months after the effective date stated in subsection (b) [set out above], the Secretary [of Energy] shall report to Con- gress on the impact of this section [amending this sec- tion] on energy consumption in the United States. ‘‘(d) RIGHT TO REVERT.—Congress retains the right to revert the Daylight Saving Time back to the 2005 time schedules once the Department [of Energy] study is complete.’’ CONGRESSIONAL FINDINGS; EXPANSION OF DAYLIGHT SAVING TIME Pub. L. 99–359, § 2(a), July 8, 1986, 100 Stat. 764, pro- vided that: ‘‘The Congress finds— ‘‘(1) that various studies of governmental and non- governmental agencies indicate that daylight saving time over an expanded period would produce a signifi- cant energy savings in electrical power consumption; ‘‘(2) that daylight saving time may yield energy savings in other areas besides electrical power con- sumption; ‘‘(3) that daylight saving time over an expanded pe- riod could serve as an incentive for further energy conservation by individuals, companies, and the var- ious governmental entities at all levels of govern- ment, and that such energy conservation efforts could lead to greatly expanded energy savings; and ‘‘(4) that the use of daylight saving time over an ex- panded period could have other beneficial effects on the public interest, including the reduction of crime, improved traffic safety, more daylight outdoor play- time for the children and youth of our Nation, great- er utilization of parks and recreation areas, expanded economic opportunity through extension of daylight hours to peak shopping hours and through extension of domestic office hours to periods of greater overlap with the European Economic Community.’’ EFFECTIVENESS OF STATE EXEMPTION IN EFFECT ON JULY 8, 1986 Pub. L. 99–359, § 2(c), July 8, 1986, 100 Stat. 764, pro- vided that: ‘‘Any law in effect on the date of the enact- ment of this Act [July 8, 1986]— ‘‘(1) adopted pursuant to section 3(a)(2) of the Uni- form Time Act of 1966 [15 U.S.C. 260a(a)(2)] by a State with parts thereof in more than one time zone, or ‘‘(2) adopted pursuant to section 3(a)(1) of such Act by a State that lies entirely within one time zone, shall be held and considered to remain in effect as the exercise by that State of the exemption permitted by such Act [see 15 U.S.C. 260a(a)] unless that State, by law, provides that such exemption shall not apply.’’ ADJUSTMENT BY GENERAL RULES OR INTERIM ACTION WITH RESPECT TO HOURS OF OPERATION OF DAYTIME STANDARD AMPLITUDE MODULATION BROADCAST STA- TIONS Pub. L. 99–359, § 2(d), July 8, 1986, 100 Stat. 764, pro- vided that: ‘‘(1) Notwithstanding any other law or any regulation issued under any such law, the Federal Communica- tions Commission shall, consistent with any existing treaty or other agreement, make such adjustment by general rules, or by interim action pending such gen- eral rules, with respect to hours of operation of day- time standard amplitude modulation broadcast sta- tions, as may be consistent with the public interest, in- cluding the public’s interest in receiving interference- free service. ‘‘(2) Such general rules, or interim action, may in- clude variances with respect to operating power and other technical operating characteristics. ‘‘(3) Subsequent to the adoption of such general rules, they may be varied with respect to particular stations and areas because of the exigencies in each case.’’ EMERGENCY DAYLIGHT SAVING TIME ENERGY CONSERVATION Pub. L. 93–182, Dec. 15, 1973, 87 Stat. 707, as amended by Pub. L. 93–434, Oct. 5, 1974, 88 Stat. 1209, enacted the Emergency Daylight Saving Time Energy Conservation Act of 1973, which extended daylight saving time. The act was effective at 2 a.m. on the fourth Sunday which occurred after Dec. 15, 1973 and terminated at 2 a.m. on the last Sunday of April 1975. Executive Documents EX. ORD. NO. 11751. EXEMPTIONS FROM DAYLIGHT SAVING TIME AND REALIGNMENTS OF TIME ZONE LIMITS Ex. Ord. No. 11751, Dec. 15, 1973, 38 F.R. 34725, pro- vided: By virtue of the authority vested in me by section 3(b) of the Emergency Daylight Savings Time Energy Conservation Act of 1973 (Public Law 93–182) (herein- after ‘‘the Act’’) [formerly set out above], section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: SECTION 1. The Secretary of Transportation (herein- after ‘‘the Secretary’’) is hereby designated and empow- ered to exercise the authority vested in me by section 3(b) of the Act [formerly set out above] to grant an ex- emption from section 3(a) of the Act (which establishes daylight saving time as standard time), or a realign- ment of a time zone limit, pursuant to a proclamation of a Governor of a State finding that the exemption or realignment is necessary to avoid undue hardship or to conserve fuel in the State or a part thereof. SEC. 2. In deciding to grant or deny an exemption or realignment, the Secretary shall consider, among other things, the policy of the United States, as expressed in sections 2 and 4 of the Uniform Time Act of 1966 (80 Stat. 107, 108; 15 U.S.C. 260, 261), to promote the adop- tion and observance of uniform time within the stand- ard time zones of the United States and the conven- ience of commerce, as well as possible energy savings, undue hardship to large segments of the population, and the possible impact on the success of and coopera- tion with the national energy conservation program. SEC. 3. In carrying out his responsibilities under this order, the Secretary shall, as he deems necessary, con- sult with the Department of Health, Education, and Welfare, the Federal Energy Office (or any agency which hereafter may succeed to its functions), and any other interested agency and he may call upon those agencies for information and advice. Each interested department or agency shall assist the Secretary, as necessary, to carry out the provisions of this order. RICHARD NIXON. § 261. Zones for standard time; interstate or for- eign commerce (a) In general For the purpose of establishing the standard time of the United States, the territory of the United States shall be divided into nine zones in the manner provided in this section. Except as provided in section 260a(a) of this title, the standard time of the first zone shall be Coordi- nated Universal Time retarded by 4 hours; that of the second zone retarded by 5 hours; that of the third zone retarded by 6 hours; that of the fourth zone retarded by 7 hours; that of the fifth zone retarded 1 8 hours; that of the sixth zone re- tarded by 9 hours; that of the seventh zone re- tarded by 10 hours; that of the eighth zone re- tarded by 11 hours; and that of the ninth zone shall be Coordinated Universal Time advanced by 10 hours. The limits of each zone shall be de-