Duration of period; State exemption
section 265 of this titleDuring 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 , 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.
State laws superseded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.
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, § 380 Stat. 107Pub. L. 92–26786 Stat. 116Pub. L. 97–449, § 2(c)96 Stat. 2439Pub. L. 99–359, § 2(b)100 Stat. 764Pub. L. 109–58, title I, § 110(a)119 Stat. 615(, , ; , , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 109–582005—Subsec. (a). substituted “second Sunday of March” for “first Sunday of April” and “first Sunday of November” for “last Sunday of October”.
Pub. L. 99–3591986—Subsec. (a). substituted “first Sunday of April” for “last Sunday of April”.
Pub. L. 97–4491983—Subsec. (c). substituted “Secretary of Transportation or his” for “Interstate Commerce Commission or its”.
Pub. L. 92–2671972—Subsec. (a). 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)119 Stat. 615
Effective Date of 1986 Amendment
Pub. L. 99–359, § 2(e)100 Stat. 765
Study and Report on Energy Consumption; Reversion
Pub. L. 109–58, title I, § 110(c)119 Stat. 615
Report to Congress .—
Right to Revert .—
Congressional Findings; Expansion of Daylight Saving Time
Pub. L. 99–359, § 2(a)100 Stat. 764
Effectiveness of State Exemption in Effect on
Pub. L. 99–359, § 2(c)100 Stat. 764
Adjustment by General Rules or Interim Action With Respect to Hours of Operation of Daytime Standard Amplitude Modulation Broadcast Stations
Pub. L. 99–359, § 2(d)100 Stat. 764
Emergency Daylight Saving Time Energy Conservation
Pub. L. 93–18287 Stat. 707Pub. L. 93–43488 Stat. 1209, , , as amended by , , , 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 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, , 38 F.R. 34725, provided:
Public Law 93–182section 301 of title 3By virtue of the authority vested in me by section 3(b) of the Emergency Daylight Savings Time Energy Conservation Act of 1973 () (hereinafter “the Act”) [formerly set out above], 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.
Sec80 Stat. 10715 U.S.C. 260. 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 (, 108; , 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.