§ 260a. — Advancement of time or changeover dates.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC260a]
TITLE 15--COMMERCE AND TRADE
CHAPTER 6--WEIGHTS AND MEASURES AND STANDARD TIME
SUBCHAPTER IX--STANDARD TIME
Sec. 260a. Advancement of time or changeover dates
(a) Duration of period; State exemption
During the period commencing at 2 o'clock antemeridian on the first
Sunday of April of each year and ending at 2 o'clock antemeridian on the
last Sunday of October 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
modified, be the standard time of such zone during such period; however,
(1) any State that lies entirely within one time zone may by law exempt
itself from the provisions of this subsection providing for the
advancement of time, but only if that law provides that the entire State
(including all political subdivisions thereof) shall observe 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(b) State laws superseded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 intent of Congress by
this section to supersede any and all laws of the States or political
subdivisions thereof insofar as they may now or hereafter provide for
advances in time or changeover dates different from those specified in
this section.
(c) Violations; enforcement
For any violation of the provisions of this section 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 injunction or by
other process, mandatory or otherwise, restraining against further
violations of this section and enjoining obedience thereto.
(Pub. L. 89-387, Sec. 3, Apr. 13, 1966, 80 Stat. 107; Pub. L. 92-267,
Mar. 30, 1972, 86 Stat. 116; Pub. L. 97-449, Sec. 2(c), Jan. 12, 1983,
96 Stat. 2439; Pub. L. 99-359, Sec. 2(b), July 8, 1986, 100 Stat. 764.)
Amendments
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 ``Secretary of
Transportation or his'' for ``Interstate Commerce 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.
Effective Date of 1986 Amendment
Section 2(e) of Pub. L. 99-359 provided 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.''
Congressional Findings; Expansion of Daylight Saving Time
Section 2(a) of Pub. L. 99-359 provided that: ``The Congress finds--
``(1) that various studies of governmental and nongovernmental
agencies indicate that daylight saving time over an expanded period
would produce a significant energy savings in electrical power
consumption;
``(2) that daylight saving time may yield energy savings in
other areas besides electrical power consumption;
``(3) that daylight saving time over an expanded period could
serve as an incentive for further energy conservation by
individuals, companies, and the various governmental entities at all
levels of government, and that such energy conservation efforts
could lead to greatly expanded energy savings; and
``(4) that the use of daylight saving time over an expanded
period could have other beneficial effects on the public interest,
including the reduction of crime, improved traffic safety, more
daylight outdoor playtime for the children and youth of our Nation,
greater 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
Section 2(c) of Pub. L. 99-359 provided that: ``Any law in effect on
the date of the enactment of this Act [July 8, 1986]--
``(1) adopted pursuant to section 3(a)(2) of the Uniform 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 Stations
Section 2(d) of Pub. L. 99-359 provided that:
``(1) Notwithstanding any other law or any regulation issued under
any such law, the Federal Communications Commission shall, consistent
with any existing treaty or other agreement, make such adjustment by
general rules, or by interim action pending such general rules, with
respect to hours of operation of daytime standard amplitude modulation
broadcast stations, as may be consistent with the public interest,
including the public's interest in receiving interference-free service.
``(2) Such general rules, or interim action, may include 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.
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, provided:
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) (hereinafter ``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 (hereinafter ``the
Secretary'') is hereby designated and empowered to exercise the
authority vested in me by section 3(b) of the Act [formerly set out
above] to grant an exemption from section 3(a) of the Act (which
establishes daylight saving time as standard time), or a realignment 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 adoption
and observance of uniform time within the standard time zones of the
United States and the convenience 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 cooperation with the national
energy conservation program.
Sec. 3. In carrying out his responsibilities under this order, the
Secretary shall, as he deems necessary, consult 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.
Section Referred to in Other Sections
This section is referred to in section 261 of this title.
