To inconvenience many for the accommodation of a few doesn't make sense to me. Putting it simply, standard time is God's time. Let's revert to it. I know in the wisdom of your committee you will do what is just and right.

The CHAIRMAN. Thank you, Mr. Gray. We appreciate your testi

mony.

At this time, we have the Chairman of the Interstate Commerce Commission, Mr. John W. Bush.

We are very happy to have you come this morning to represent your organization and to give us the benefit of your views. I am sure that the committee is deeply appreciative of the fact that you would take the time to come up and see us.

If you would take the stand and proceed, I might say to you that I have to go to the Rules Committee, so I shall leave right away and come back.

STATEMENT OF HON. JOHN W. BUSH, CHAIRMAN, INTERSTATE COMMERCE COMMISSION; ACCOMPANIED BY JANICE ROSENAK, ATTORNEY, INTERSTATE COMMERCE COMMISSION

Mr. BUSH. Mr. Chairman, members of the committee, my name is John W. Bush. I am the Chairman of the Interstate Commerce Commission and have served in that capacity since January 1, 1966.

First, before you leave, I would like to say that it is a great honor. This is my first appearance before any of the committees of Congress and to have this privilege on my first appearance, to appear before you in this committee, is really a great honor. I know you have to leave and I wanted to tell you that.

Ι

The CHAIRMAN. I might add to you that this is my first committee meeting in which I have been chairman.

Mr. BUSH. It is a good omen and a good start.

The CHAIRMAN. Thank you. I shall be back to see you, if possible. Mr. FRIEDEL (presiding). I hope you feel right at home, Mr. Bush. If you would proceed, please.

Mr. BUSH. Taking my cue from Congressman Fraser, I am going to skip the reading of the first few pages of this report, because it is a summary of the testimony which I know you will be hearing from a good many sources.

Mr. FRIEDEL. The whole statement will be printed in the record. Mr. BUSH. Thank you.

I shall go over to page 4 of my statement, the first full paragraph. There are three major deficiencies in the Standard Time Act. First, the act contains no provisions for enforcement and no penalties for violation of the standard time prescribed. Secondly, the decision to adopt daylight saving time or to remain on standard time is left to the States and local communities. Thirdly, those States and local communities which do adopt daylight saving time determine its duration.

H.R. 7167, which implements our recommendation, would (a) prescribe standard time zones with authority to enforce the standard time provisions, (b) authorize the appropriate agency to determine whether a zone or part of a zone should go on daylight time, and (c) prescribe a uniform duration of daylight saving time.

That is the crux of the bill which we had submitted as a recommendation.

Section 7 of H.R. 7167 would authorize the administering agency to establish daylight-saving time for an entire zone or portion of any zone when desirable in the public interest. Daylight-saving time would not be prescribed for a zone or a portion of a zone unless a public demand for a faster time is manifested.

I might say before I leave hours that I am going to request that a detailed statement of our recommendation be inserted in the record at this point, and I shall only mention the major provisions. Mr. FRIEDEL. With no objection, it is so ordered.

(The document referred to follows:)

RECOMMENDATION NO. 19

This proposed bill would give effect to legislative recommendation No. 19 of the Interstate Commerce Commission as set forth on page 73 of its 78th annual report as follows:

"We recommend that a uniform system of time standards and measurement be established for the United States; that the observance of such time standards be required for all purposes; that careful consideration be given to the question of whether the Commission is the most appropriate agency to administer the provisions of any future law relating to standard time; and in the event the present Standard Time Act (15 U.S.C. 261-264) is not changed or amended so as to provide a more efficient and effective system of time regulation, that the Commission be relieved of the responsibility for its administration."

A BILL To establish a uniform system of time standards and measurement for the United States and to require the observance of such time standards for all purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Uniform Time Act of 1965".

SEC. 2. For the purpose of establishing a uniform system of time and to fix the standard of time measurement for the United States, the territory of the United States shall be divided into eight time zones in the manner provided in this Act.

SEC. 3. The general zone system of standard time, under which the local standard time is determined in relation to the mean solar time of one of the twenty-four-hour meridians occurring every fifteenth degree of longitude west or east from Greenwich, England, is hereby recognized and adopted so far as applicable to the territory of the United States.

SEC. 4. The standard time based on the mean solar time of the sixtieth degree of longitude west from Greenwich shall be known and designated as Atlantic standard time; that of the seventy-fifth degree as eastern standard time; that of the ninetieth degree as central standard time; that of the one hundred and fifth degree as mountain standard time; that of the one hundred and twentieth degree as Pacific standard time; that of the one hundred and thirty-fifth degree as Yukon standard time; that of the one hundred and fiftieth degree as AlaskaHawaii standard time; and that of the one hundred and sixty-fifth degree as Bering standard time.

SEC. 5. (a) The boundaries of each zone shall be defined by an order of [the Agency designated by Congress to administer the provisions of this Act, hereafter referred to as the "Agency"] and may be modified from time to time.

(b) Determinations of zone boundaries heretofore made by the Interstate Commerce Commission and in effect on the effective date of this Act and zone boundaries prevailing on such date with respect to Alaska and Hawaii shall continue in effect until modified or changed by an order of the Agency.

SEC. 6. (a) In determining the boundaries of the several zones the Agency shall, among other things, consider the appropriateness of the standard of time for the particular areas concerned. So far as practicable, the boundaries of the zones shall be reasonably straight north-south lines, shall be located in sparsely populated areas, shall follow natural or well-known boundaries, and shall be placed where, in the judgment of the Agency, they best promote the safety, convenience, and welfare of the country as a whole.

(b) Except as provided in subsection (c) of this section and in section 7, the Agency shall not include in any zone a point or area for which the standard time of the zone would be more than one hour ahead or behind local mean solar time.

(c) The provisions of subsection (b) shall not apply in Alaska or Hawaii, and the western boundary of the zone observing Bering standard time shall extend to the international dateline.

SEC. 7. (a) In the case of any zone, or any one contiguous portion of any zone having boundaries determined by the Agency (hereafter in this Act referred to as a "subzone"), the Agency may determine that in each year, from 2 o'clock antemeridian on the last Sunday in April until 2 o'clock antemeridian on the last Sunday in October, such zone or subzone, as the case may be, shall be on advanced time and shall be transferred to and made a part of the zone immediately to the east, and the legal time of such zone or subzone shall be the standard time of the zone into which it is temporarily so transferred. The Agency shall not place any zone or subzone on such advanced time if it includes a point or area for which the standard time of the zone to the east, to which the zone or subzone is temporarily transferred, would be more than one hour and thirty minutes ahead of local mean solar time for such zone to the east. The boundary of any subzone shall be placed where, in the judgment of the Agency, it best promotes the safety, convenience, and welfare of the country as a whole, taking into consideration the desires of those affected and the appropriateness of the advanced time for the areas concerned. The Agency shall consult with the Governor of any State affected before determining the boundaries of any subzone.

(b) Until such time as a determination of the Agency to place or not to place any zone or any subzone thereof on advanced time as provided in subsection (a) of this section has become final, "daylight saving" or other advanced time may continue to be observed in such zone or in any portion thereof, but only if such "daylight saving" or other advanced time commences at 2 o'clock antemeridian on the last Sunday in April of the year involved and ends at 2 o'clock antemeridian on the last Sunday of October of such year.

SEC. 8. (a) Before determining or changing the boundaries of any zone or subzone, the Agency shall afford interested persons notice and an opportunity for a hearing.

(b) Any person, organization, or State or political subdivision thereof may file with the Agency a petition seeking the establishment or change of the boundaries of a zone or a subzone. The Agency may deny any such petition or grant such relief as it finds justified in the public interest.

SEC. 9. (a) Except as provided in subsection (b) of this section and between 2 o'clock antemeridian on the last Sunday in April and 2 o'clock antemeridian on the last Sunday in October in areas to which section 7(b) of this Act applies, within the respective zones established under the authority of this Act the standard time of the zone shall be the exclusive time for the transaction of all public business by any agency of the United States, or of any State or local government, or by any officer, agent, employee, or representative of any such agency, and shall be observed by all persons in civil and business relations with the public. (b) Subject to the prior approval of the Agency and notwithstanding any provision of this Act, any standard of time differing from that of the zone may be used in marine and air navigation, air traffic control and related activities, railroad operations having regard to the convenience of commerce and the junction points and the division points of common carriers engaged in interstate or foreign commerce, the specialized needs of the military services, or for scientific purposes. The Agency may provide other exceptions upon a finding that the safety and convenience of the public will be served thereby. In any case in which the Agency permits the use of other than standard time under the provisions of this subsection, it may impose such reasonable conditions as it deems desirable to protect the public from confusion and inconvenience.

SEC. 10. In all laws, statutes, ordinances, orders, rules, and regulations relating to

(1) the time of performance of any act by any agency of the United States, or of any State or local government, or by any officer, agent, employee, or representative of any such agency;

(2) the time when any right shall mature or terminate; or
(3) the time when any act shall or shall not be performed;

the time specified shall be the standard time of the zone within which the right is to mature or terminate or the act is to be performed or not performed.

SEC. 11. The Agency is authorized and directed to execute and enforce the provisions of this Act; and, upon the request of the Agency, it shall be the duty of any United States attorney to whom the Agency may apply to institute in the proper court and to prosecute under the direction of the Attorney General of the United States all necessary proceedings for the enforcement of the provisions of this Act and for punishment of all violations thereof.

SEC. 12. Any person knowingly and willfully violating any provision of this Act or any rule, regulation, requirement, or order thereunder shall be deemed guilty of a misdemeanor and upon conviction thereof be subject for each offense to a fine or not more than $250. Each day of such violation shall constitute a separate offense.

SEC. 13. If any person shall fail or refuse to comply with any provision of this Act or any rule, regulation, requirement, or order thereunder, the Agency or its duly authorized agent may apply to the district court of the United States for any district in which such offense occurs, or in which the offender is found, for the enforcement of such provision of this Act, or of such rule, regulation, requirement, or order; and such court shall have jurisdiction to enforce obedience thereto by writ of injunction or by other process, mandatory or otherwise, restraining said person, or his or its officers, agents, employees, and representatives from further violation of such provision of this Act or of such rule, regulation requirement, or order and enjoining upon him or it obedience thereto.

SEC. 14. Any person who shall fail or refuse to comply with any provision of this Act or any rule, regulation, requirement, or order thereunder shall forfeit to the United States the sum of $100 for each such offense, and, in the case of a continuing violation, not to exceed $50 for each additional day during which such failure or refusal shall continue. All forfeitures provided for in this section shall be payable into the Treasury of the United States and shall be recoverable in a civil suit by the Agency, or its duly authorized agent, brought in the district where such offense occurs or where the offender is found. All process in any such case may be served in the judicial district whereof such offender is an inhabitant or wherever he may be found.

SEC. 15. Nothing in this Act shall be construed to prevent any State or political subdivision thereof from adopting by statute or local ordinance the standard or standards of time provided under this Act for the zone or zones (as defined by the orders of the Agency) in which such State or subdivision is located, or from enforcing by any lawful means the observance of such standard or standards within such State or subdivision thereof.

SEC. 16. The Agency may provide for the publication of reports, orders, maps, and other information pertaining to standard time zones for public information and use, and such authorized publications shall, without further proof or authentication, be received as competent evidence of matters contained therein in any court of competent jurisdiction.

SEC. 17. As used in this Act, the term "State" includes the District of Columbia and the Commonwealth of Puerto Rico.

SEC. 18. (a) Effective as of 2 o'clock antemeridian January 1, 1966, the following Acts are repealed:

(1) The Act entitled "An Act to save daylight and to provide standard time for the United States", approved March 19, 1918 (15 U.S.C. 261-264, inclusive). (2) The Act entitled "An Act to transfer the Panhandle and Plains section of Texas and Oklahoma to the United States standard central time zone", approved March 4, 1921 (15 U.S.C. 265).

(b) Effective as of the time that a determination of the Commission that the eastern standard time zone or a subzone thereof shall be on advanced time pursuant to section 8(a) of this Act becomes final, the Act entitled "An Act to permit the Board of Commissioners of the District of Columbia to establish daylight saving time in the District", approved April 28, 1953 (D.C. Code, sec. 28-2804), is repealed.

SEC. 19. Except as provided in section 18(b), this Act shall take effect at 2 o'clock antemeridian on January 1, 1966.

JUSTIFICATION

The present Standard Time Act was enacted by Congress in 1918 largely in response to an immediate need for increased national efficiency during World War I. Its stated purpose "To save daylight and to provide standard time for the United States," coupled with an injunction directing the Interstate Com

merce Commission to define the limits of the zones "having regard for the convenience of commerce" (not just interstate commerce) and a requirement that standard time be observed in relation to acts required to be performed "by any person subject to the jurisdiction of the United States," was thought to evince the intent of Congress to fix standards of time for all purposes.

For a brief period, the standards of time prescribed under the act were universally observed despite the fact that it contains no enforcement procedure or penalty provisions. The daylight-saving feature, however, was repealed in 1919 over President Wilson's veto, and shortly thereafter the Commission began to experience difficulty due to the limited scope of the act and the tendency of individual States and cities to exercise a claimed right of local option. Thus, local daylight-saving time, adopted at first by Boston, New York, and Chicago, gradually spread to many other cities and towns in the East and Midwest. In a suit to enjoin the authorities of Massachusetts from enforcing the observance of an advanced time standard, a Federal district court held that, in enacting the Standard Time Aet, Congress had not fully occupied the time field and, consequently, that there was no necessary conflict between that act and the enforcement of a different standard of time designed for purposes other than those specified in the act. See Massachusetts State Grange v. Benton, 10 F. (2d) 515, Aff'd. sub nom. Mass. State Grange v. Benton, 272 U.S. 525 (1926).

With the way open to States and individual communities to act independently, an ever-increasing confusion and conflict of time standards has developed; and, in an era characterized by jet speed and remarkable advances in space technology, this condition has become particularly aggravated and, therefore, potentially dangerous.

The situation in Indiana, as depicted in Standard Time Zone Investigation, 314 I.C.C. 101 (126–129), decided June 6, 1961, provides a pointed illustration of the problem. There, among other things, the evidence details the difficulties experienced by numerous commercial, communications, and transport concerns as well as the extreme confusion attending the arrival and departure of air flights at the Indianapolis airport.

For many years, annual reports of the Interstate Commerce Commission have directed the attention of Congress to the need for additional time legislation; and, at the same time, in proceedings held under the act, we have earnestly endeavored to find a solution to the numerous conflicts caused by the action of State or local authorities in changing local time standards. The pattern is usually the same. A shift in local time brings a flood of complaints and petitions for a change in the zone boundaries or for some action restoring the former situation, which finally impel a reopening of the proceeding for reconsideration. Thus, the Commission is repeatedly injected into bitter local controversies without power to resolve them with any reasonable regard for the convenience and safety of the area as a whole. If it is found that the requested change would not enhance the convenience of commerce, a denial of the petition, in most instances, merely perpetuates the existing conflict and causes it to spread to additional areas. On the other hand, a grant of the relief sought often produces a similar outcome, since the resulting mutation of boundaries creates inconvenience in adjacent areas and, thereby, precipitates other independent local changes followed by further complaints and petitions for further modifications.

The Commission's experience amply demonstrates that any attempt to confine the application of the standard of time solely to Federal matters or to interstate commerce, while local matters or intrastate commerce are governed by a different standard, is bound to result in chaos. The original idea of Congress that a Federal standard would dominate and control local time has not been borne out in practice. Instead, the conflict between Federal and local standards is usually resolved by the observance of local time by Federal officers and establishments.

In effect, therefore, and in the absence of any enforcement or penalty provisions, our determinations under the Standard Time Act serve merely to establish (1) a convenient standard of time which interstate common carriers may use, if they desire to conform to the law, and (2) a rule of statutory interpretation which comes into play only when a Federal statute, order, rule, or regulation requires that a particular act be done, or that a right shall accrue or determine, at a specified time. Any additional effect our determinations may have is largely due to voluntary acceptance by some State and local governments or by local usage.

The Commission has consistently taken the position that the inconvenience and confusion caused by the proliferation of different time standards adequately