[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Notices]
[Pages 69679-69681]
[FR Doc No: 2023-22268]

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DEPARTMENT OF TRANSPORTATION

Agency Information Collection: Activity Under OMB Review;
Electric Vehicle Inventory and Use Survey (eVIUS)

AGENCY: Bureau of Transportation Statistics (BTS), Office of the
Assistant Secretary for Research and Technology (OST-R), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the requirements of the Paperwork Reduction
Act of 1995, this notice announces the intention of the Bureau of
Transportation Statistics (BTS) to request the Office of Management and
Budget's (OMB) approval of a new information collection related to the
nation's battery electric vehicles (BEVs) and plug-in hybrid electric
vehicles (PHEVs)--collectively referred to electric vehicles (EVs). The
information collected will be used to produce national statistics on
the characteristics and uses of EVs as well as the charging patterns
and preferences related to EVs. A summary report of survey findings
will also be published by BTS on the BTS web page: www.bts.gov.

DATES: Comments must be submitted on or before November 2, 2023.

FOR FURTHER INFORMATION CONTACT: Jina Mahmoudi, VIUS/eVIUS Program
Manager,<PHONE_NUMBER>, [email protected], BTS, OST-R, Department of
Transportation, 1200 New Jersey Ave. SE, Room E34-471, Washington, DC
20590. Office hours are from 8:00 a.m. to 5:30 p.m., E.T., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:
    Title: Electric Vehicle Inventory and Use Survey (eVIUS)
    Type of Request: Approval for a new information collection
    Affected Public: Registered owners of battery electric vehicles
(BEVs) and plug-in hybrid electric vehicles (PHEVs)

Background

    As the pace of electric vehicles' adoption and use increases on the
nation's roadways, the US Department of Transportation (US DOT)'s
Bureau of Transportation Statistics (BTS) is planning to conduct the
first national-

level Electric Vehicle Inventory and Use Survey (eVIUS). The eVIUS will
be conducted to gain an in-depth understanding of the characteristics,
usage, and charging patterns of electric vehicles (EVs) as well as the
demographics and charging preferences of EV owners. The data collected
through eVIUS will inform policy and planning decisions on future
transportation systems and infrastructure investments.
    The survey will be administered to owners of a nationally
representative sample of battery electric vehicles (BEVs) and plug-in
hybrid electric vehicles (PHEVs). The survey scope will be inclusive of
passenger cars and light-duty vehicles (up to 10,000 pounds).
    As there is no existing national-level data source for EV use and
charging patterns, the eVIUS will provide valuable data and information
that can assist transportation professionals and other stakeholders at
the federal, state, and local levels to decipher the characteristics
and usage of the EVs being driven on US roadways, as well as the
charging preferences and needs of EV owners. The national-level data
will inform policy and planning decisions related to EV charging
infrastructure in the US, thereby leading to increased mobility,
safety, air quality, and equity on the nation's roadways.

Data Confidentiality Provisions

    This will be a voluntary data collection. A summary report of
aggregate findings will be published on the BTS web page at
www.bts.gov, and no individual and company's information or names will
be included in the published reports. The Bureau of Transportation
Statistics, its employees and agents, will use the information provided
by respondents for statistical purposes only and will hold individuals'
information in confidence to the full extent permitted by law. In
accordance with the Confidential Information Protection and Statistical
Efficiency Act of 2002 (Title 5 of Pub. L. 107-347) and the Foundations
for Evidence-Based Policymaking Act of 2018 (Title 3 of Pub. L. 115-
435) along with other applicable Federal laws, no responses will not be
disclosed in an identifiable form without the respondent's informed
consent. Per the Federal Cybersecurity Enhancement Act of 2016, Federal
information systems are protected from malicious activities through
cybersecurity screening of transmitted data.
    Frequency: One time
    Estimated Average Burden per Response: The burden per respondent is
estimated to be an average of 16 minutes (0.27 hours). This estimation
is based on pre-test surveys conducted (with an average respondent
burden of 15 minutes) plus an additional minute to account for log in
time.
    Estimated Total Annual Burden: Based on an estimated average burden
of 0.27 hours per respondent and a 30% response rate, the total annual
burden is estimated to be in the range of 4,050 hours (for a minimum
number of 50,000 respondents) and 12,150 hours (for a maximum number of
150,000 respondents).
    Response to Comments: A 60-day notice requesting public comment was
issued in the Federal Register on March 9, 2023 (88 FR 14667, page
14667-14668, published 03/09/2023). Three comments were received by BTS
in response to the 60-day public notice. The BTS' responses to those
comments are provided below:
    BTS' Response to Comment 1 (from The Association for the Work Truck
Industry (NTEA):
    For this initial round of eVIUS, BTS would like to focus on light-
duty electric vehicles (EVs). The reasons for this decision are:
     According to the International Energy Agency, the light-
duty EV is becoming a fast-growing mode of transportation as EV sales
are increasing substantially, and the electric vehicle (BEVs and PHEVs)
sales in the United States increased 55% in 2022 reaching a sales share
of 8%. Since the light-duty EVs (e.g., passenger cars) comprise the
majority of EV population, to aid determination of charging
infrastructure gaps and inform policy decisions, it is essential to
collect timely data on use and charging patterns of EVs as currently
there is no existing source of such data and national statistics;
     Vehicles using the other suggested alternative fuels
(i.e., hydrogen fuel cell, propane, natural gas and other possible
future methods of propulsion) are operated differently from EVs.
Consequently, expansion of the scope of the eVIUS to include these
vehicles would require adding many questions to the survey
questionnaire to measure the characteristics and use of such vehicles.
This will greatly increase the complexity and length of the survey
questionnaire and add to the respondent burden;
     Further, adding other alternatively fueled vehicles in the
eVIUS survey would require inclusion of an adequate number of such
vehicles in the sample frame, which will increase the sample size and
potentially reduce the overall survey estimation precision, and add to
the time and budget required for data collection. As alternatively
fueled vehicles comprise a small proportion of the entire vehicle
population in the U.S., producing robust statistics will be a challenge
due to a small population size, which leads to an inadequate sample
size.
    The eVIUS sample frame is the states' vehicle registration data;
therefore, any EVs registered in the states have a chance to be sampled
and included in the sample frame--i.e., government-owned fleets
(federal, state, local) will not be actively excluded. The eVIUS survey
questionnaire includes multiple-choice questions that ask respondents
about the ownership type and usage purpose of the vehicle--allowing
them to select options that indicate if the vehicle is a government-
owned vehicle (state or local) and if the vehicle is used for a
government business purpose.
    Since increasing the eVIUS scope to include alternatively fueled
vehicles would result in the data collection operation schedule and the
respondent burden considerations becoming less flexible, it is not a
feasible option for this first round of eVIUS as BTS intends to produce
timely data (within one year).
    BTS is considering a future data collection specific to the other
alternatively fueled vehicles, depending on availability of funds.
    BTS' Response to Comment 2 (from Alliance for Automotive
Innovation):
    A multiple-choice format has been used for the eVIUS as suggested.
    The survey includes questions related to vehicle background and
type of use, home base, miles traveled, long-distance travel, general
charging behavior and needs, as well as demographics--capturing
information for most of the proposed targeted questions.
    BTS' Response to Comment 3 (from The National Automobile Dealers
Association (NADA)):
    The eVIUS sample frame has been expanded to include owners of plug-
in hybrid electric vehicles (PHEVs) as suggested. For this initial
round of eVIUS, BTS will focus on light-duty EVs due to reasons
previously outlined (please see ``BTS' Response to Comment 1'' above).
BTS is considering future data collections focusing on vehicles above
10,000 pounds, depending on availability of funds.
    A multiple-choice format has been used for the eVIUS as suggested.
    A draft survey was not provided in the sixty-day notice (88 FR
14667). The survey questionnaire was developed and finalized in
collaboration with subject matter experts and stakeholders. In
addition, subject matter experts from various agencies/organizations,
including academia, have provided BTS

with suggestions for survey questions. These suggestions were carefully
considered, and where appropriate, incorporated into the survey
questionnaire.
    To test question understanding and clarity of instructions, a pre-
test of the draft survey was also conducted with participation of five
EV owners. Following completion of the survey, one hour long cognitive
interviews were conducted with each of the pre-testers to collect
information on their survey experience and other feedback for improving
the survey. Overall, the pre-testers reported that the survey was
clear, and they did not have any major issues with understanding the
survey questions/instructions.
    Public Comments Invited: Interested parties are invited to send
comments regarding any aspect of this information collection,
including, but not limited to: (1) the necessity and utility of the
information collection for the proper performance of the functions of
the DOT; (2) the accuracy of the estimated burden; (3) ways to enhance
the quality, utility, clarity and content of the collected information;
and (4) ways to minimize the collection burden without reducing the
quality of the collected information.
    Send comments to the Office of Information and Regulatory Affairs,
Office of Management and Budget, 725-17th Street NW, Washington, DC
20503, Attention: BTS Desk Officer.

    Issued in Washington, DC, on 3rd of October, 2023.
Cha-Chi Fan,
Director, Office of Data Development and Standards, Bureau of
Transportation Statistics, Office of the Assistant Secretary for
Research and Technology.
[FR Doc. 2023-22268 Filed 10-5-23; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register: May 27, 2010 (Volume 75, Number 102)]
[Notices]
[Page 29792-29793]
[DOCID:fr27my10-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62147; File No. SR-Phlx-2010-43]

Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Order
Approving a Proposed Rule Change Relating to Quote Spread Parameters
and Batching of Violations

May 21, 2010.
    On March 26, 2010, NASDAQ OMX PHLX, Inc. (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change
relating to quote spread parameters and batching of violations. The
proposed rule change was published for comment in the Federal Register
on April 16, 2010.\3\ The Commission did not receive any comment
letters on the proposed rule change. This order approves the proposed
rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 61862 (April 16,
2010), 75 FR 20016.
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    The Exchange proposed to update Advice F-6 to reflect language
requiring options quoted electronically to be quoted with a $5 quote
spread after the opening that was previously inadvertently omitted from
Advice F-6. With respect to the proposed changes to Advice F-6, the
Exchange represented that those who are quoting verbally (in open
outcry) must, throughout the trading day, comply with the regular quote
spread parameters that apply at the opening. The language of quote
spreads not exceeding $5 after the opening for those quoting options
electronically was inadvertently not incorporated into Advice F-6 in a
previous rule filing.\4\ The Exchange proposed to correct this
oversight by inserting this language regarding electronically quoted
options into Advice F-6.
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    \4\ See Securities Exchange Act Release No. 50728 (November 23,
2004), 69 FR 69982 (December 1, 2004) (SR-Phlx-2004-74).
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    The Exchange also proposed to amend the Exchange's fine schedule
applicable to Advice F-6, which is administered pursuant to the
Exchange's minor rule plan (``MRP''). As amended, the fine schedule
would now consist of Warning Letters for the first three violations,
and three fines thereafter ($250, $500 and $1,000). A seventh violation
would result in referral to the Exchange's Business Conduct Committee
(``BCC'') for disciplinary action. In addition, the Exchange proposed
that the fine schedule would be administered on a one-year running
calendar basis, such that violations within one year of the last
``occurrence'' would count as the next ``occurrence.'' Currently, the
fine schedule is administered on a two-year running calendar basis.
    Finally, the Exchange proposed amendments to Rules 960.2 and 970 to
permit the aggregation or ``batching'' of quote spread parameter
violations. Phlx notes that quoting on the Exchange has become entirely
electronic; thus, when there is a quoting error, the error can affect
every series that a firm is quoting, generating multiple instances of
quote spread violations. The Exchange believes that, rather than taking
each

event to the BCC as a fourth violation under the current rule, such
violations should be batched together and treated as one violation.
This way, pursuant to the revised rules, the firm would receive a
warning letter for the first three batched violations before being
subject to a monetary fine. The Exchange further noted that it could,
in any particular situation, deem the violations to be egregious rather
than ``minor'' and refer the matter directly to the BCC for
disciplinary action. The Exchange believes that this approach is
appropriate because the relevant warning letters or monetary fines
should serve as a deterrent against future violations, while
recognizing that a single programming error can have a widespread
effect. In addition, the Exchange believes that Advice F-6 (and its
corresponding rule) is appropriate for batching because the automated
surveillance for quote spread parameter compliance,\5\ as well as the
issuance of sanctions pursuant to the minor rule plan,\6\ will be
conducted daily.
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    \5\ Confidential letters from Stephen M. Pettibone, Managing
Director Surveillance, Phlx, to Michael Gaw, Assistant Director,
Division of Trading and Markets, and Tina Barry, Assistant Director,
Office of Compliance Inspections and Examinations, Commission, dated
October 6, 2009 and December 30, 2009.
    \6\ See letter from Charles Rogers, Chief Regulatory Officer,
Phlx, to Tina Barry, Assistant Director, Office of Compliance
Inspections and Examinations and Michael Gaw, Assistant Director,
Division of Trading and Markets, Commission, dated February 18,
2010.
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    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\7\
In particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\8\ which requires, among
other things, that the rules of a national securities exchange be
designed to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest. The Commission also believes that the proposal is
consistent with Sections 6(b)(1) and 6(b)(6) of the Act,\9\ which
require that the rules of an exchange enforce compliance with, and
provide appropriate discipline for, violations of Commission and
Exchange rules. Furthermore, the Commission believes that the proposed
changes to the MRP should strengthen the Exchange's ability to carry
out its oversight and enforcement responsibilities as a self-regulatory
organization in cases where full disciplinary proceedings are
unsuitable in view of the minor nature of the particular violation. In
addition, the Commission finds that the proposal is consistent with the
public interest, the protection of investors, or otherwise in
furtherance of the purposes of the Act, as required by Rule 19d-1(c)(2)
under the Act,\10\ which governs minor rule violation plans.
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    \7\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ 15 U.S.C. 78f(b)(1) and 78f(b)(6).
    \10\ 17 CFR 240.19d-1(c)(2).
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    The Commission believes that the Exchange's proposal to amend
Advice F-6 to add rule text referencing quote spread parameters for
options that are quoted electronically is appropriate because the text
was inadvertently omitted. In addition, the Commission believes that
batching of violations of the quote spread parameter rule, under the
MRP, reasonably addresses quoting violations on an electronic market,
where one inadvertent error can potentially result in multiple quotes
that fall outside the quote spread parameters.
    The Exchange has represented it will conduct automated surveillance
for quote spread parameter compliance on a daily basis, and will issue
sanctions for quote spread violations pursuant to the MRP also on a
daily basis. The Commission further notes that pursuant to Rules
960.2(f)(ii) and 970.01, the batching program will continue to require
that the violations be determined based on an exception-based
surveillance program. Any further proposal by the Exchange to permit
the batching of violations of any Exchange rule would be subject to
Commission approval.
    In approving this proposed rule change, the Commission in no way
minimizes the importance of compliance with Exchange rules and all
other rules subject to the imposition of fines under the MRP. The
Commission believes that the violation of any self-regulatory
organization's rules, as well as Commission rules, is a serious matter.
However, the MRP provides a reasonable means of addressing rule
violations that do not rise to the level of requiring formal
disciplinary proceedings, while providing greater flexibility in
handling certain violations. The Commission expects that the Exchange
will continue to conduct surveillance with due diligence and make a
determination based on its findings, on a case-by-case basis, whether a
fine of more or less than the recommended amount is appropriate for a
violation under the MRP, whether it might not be appropriate to batch a
series of actions as a single violation under the MRP, or whether a
violation or series of violations may require formal disciplinary
action.
    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\11\ and Rule 19d-1(c)(2) under the Act,\12\ that the proposed rule
change (SR-Phlx-2010-43) be, and hereby is, approved and declared
effective.
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    \11\ 15 U.S.C. 78s(b)(2).
    \12\ 17 CFR 240.19d-1(c)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12) and 200.30-3(a)(44).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-12748 Filed 5-26-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: June 15, 2009 (Volume 74, Number 113)]
[Proposed Rules]
[Page 28199-28202]
[DOCID:fr15jn09-20]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0085]
RIN 1625-AA11

Regulated Navigation Area; East Rockaway Inlet to Atlantic Beach
Bridge, Nassau County, Long Island, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a regulated navigation
area extending from the entrance of East Rockaway Inlet to the Atlantic
Beach Bridge, Nassau County, New York. This regulated navigation area
will affect commercial vessels carrying petroleum products in excess of
250 barrels by requiring them to plan all transits of the regulated
navigation area so that they maintain a minimum of two feet under keel
clearance at all times. Additionally, they may not transit the
regulated navigation area if a small craft advisory, or more severe
weather warning, has been issued, unless authorized by the Captain of
the Port Long Island Sound. This action is necessary because
significant shoaling in this area has reduced the depths of the
navigable channel and has increased the risk of vessels grounding in
the channel and the potential for a significant oil spill.

DATES: Comments and related material must be received by the Coast
Guard on or before August 14, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2008-0085 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Lieutenant Commander Kristen Schroeder, Prevention
Department, CG Sector Long Island Sound at<PHONE_NUMBER> or
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0085), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online via http://www.regulations.gov or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand deliver, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2008-0085'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the proposed
rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2008-0085 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of 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 a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please

explain why you believe a public meeting would be beneficial. If we
determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

Background and Purpose

    East Rockaway Inlet is on the South Shore of Long Island, in Nassau
County. Water depths in the federal navigation channel change
constantly and have been reduced in some areas to as low as five feet
at times. This channel was last dredged by the Army Corps of Engineers
during the winter of 2008-2009 and is on a 2 year cycle for dredge
work. The channel buoys require regular relocation to mark best water
as the channel shoals in between dredge cycles. East Rockaway Inlet is
frequented by small coastal tankers and tugs towing oil barges
supplying two facilities: Sprague Energy Oceanside, located in
Oceanside, Long Island, New York, a supplier of home heating oil for
Long Island, and Keyspan E.F. Barrett, an electrical power generation
facility, located in Island Park, Long Island, New York. For vessels
carrying 250 or more barrels of petroleum, approximately 60 transits of
the area occur each year. The shoaling in this area has reduced depths
to a point where there is an increased risk of vessels grounding and
the potential for a significant oil spill. Similar shoaling led to the
grounding in late 2003 of a small coastal tanker carrying home heating
oil.
    This proposed rule will provide for the safety of vessel traffic
and protection of the maritime environment in and around East Rockaway
Inlet, Long Island, New York.

Discussion of Proposed Rule

    This proposed rule establishes a regulated navigation area (RNA) on
the navigable waters of the East Rockaway Inlet in an area bounded by
lines drawn from position 40[deg]34'56'' N, 073[deg]45'19'' W,
[approximate position of Silver Point breakwater buoy (LLNR 31500)]
running north to a point of land on the northwest side of the inlet at
position 40[deg]35'28'' N, 073[deg]46'12'' W, thence easterly along the
shore to the east side of the Atlantic Beach Bridge, State Route 878,
over East Rockaway Inlet, thence across said bridge to the south side
of East Rockaway Inlet, thence westerly along the shore and across the
water to the point of origin. The rule described herein restricts the
transit of vessels carrying petroleum products in excess of 250 barrels
such that they must plan all transits of the RNA to maintain at least
two feet under keel clearance at all times. Additionally, such vessels
are prohibited from transiting the RNA during periods when a small
craft advisory, or more severe weather warning, has been issued, unless
authorized by the Captain of the Port Long Island Sound. In addition,
operators of vessels carrying petroleum products in excess of 250
barrels as cargo that require a nighttime transit through East Rockaway
Inlet may do so only after receiving approval from the Captain of the
Port Long Island Sound. The operator's voyage plan must contain
parameters for transit of the RNA that are acceptable to the Captain of
the Port Long Island Sound. Parameters addressed shall include:
Forecasted weather conditions for the duration of the transit,
restrictions due to state of tide, the loaded draft of the vessel, and
minimum under keel clearance.
    Any violation of the RNA described herein, is punishable by, among
others, civil and criminal penalties, in rem liability against the
offending vessel, and license sanctions.
    The Captain of the Port Long Island Sound will notify the maritime
community of the requirements of this RNA publication in the Federal
Register, broadcast notifications and notifications in the local notice
to mariners.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. We expect the economic
impact of this proposed rule to be so minimal that a full Regulatory
Evaluation is unnecessary.
    The regulated navigation area limits only vessels carrying
petroleum products as cargo and allows vessels with sufficient under
keel clearance to transit during good weather and daylight hours
without having to gain prior approval from the Captain of the Port Long
Island Sound. Otherwise, a vessel may request and receive approval from
the Captain of the Port Long Island Sound, to transit at other times.
Recreational and other maritime traffic is not otherwise restricted or
prohibited from transiting this area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 may affect the following entities, some of which may be
small entities: The owners or operators of vessels carrying petroleum
products intending to transit or anchor in those portions of the East
Rockaway Inlet covered by the regulated navigation area; and Sprague
Energy Oceanside, located in Oceanside, Long Island, New York, a
supplier of home heating oil, and Keyspan E.S. Barrett, an electrical
power generation facility, located in Island Park, Long Island, New
York, which receive the vessels affected by this regulated navigation
area. For the reasons outlined in the Regulatory Evaluation section
above, this rule will not have a significant impact on a substantial
number of small entities.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this rule will not have a significant economic impact on a substantial
number of small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for 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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Commander Kristen
Schroeder, Prevention Department, CG Sector Long Island Sound at (203)
468-4459. The Coast Guard will not retaliate against small entities
that question or complain about this proposed rule or any policy or
action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. Therefore, this rule is
categorically excluded, under section 2.B.2. Figure 2-1, paragraph
34(g), of the instruction and neither an environmental assessment nor
an environmental impact statement is required. This rule involves the
establishing, disestablishing, or changing regulated navigation areas
and security or safety zones. A preliminary ``Environmental Analysis
Checklist'' supporting this determination is available in the docket
where indicated under the ``Public Participation and Request for
Comments'' section of this preamble. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as
follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

    2. Add Sec.  165.156 to read as follows:

Sec.  165.156  Regulated Navigation Area, East Rockaway Inlet to
Atlantic Beach Bridge, Nassau County, Long Island, New York.

    (a) Location. The following area is a Regulated Navigation Area:
All waters of East Rockaway Inlet in an area bounded by lines drawn
from position 40[deg]34[min]56[sec] N, 073[deg]45[min]19[sec] W,
[approximate position of Silver Point breakwater buoy (LLNR 31500)]
running north to a point of land on the northwest side of the inlet at
position 40[deg]35[min]28[sec] N, 073[deg]46[min]12[sec] W, thence
easterly along the shore to the east side of the Atlantic Beach Bridge,
State Route 878, over East Rockaway Inlet, thence across the bridge to
the south side of East Rockaway Inlet, thence westerly along the shore
and across the water to the beginning.
    (b) Regulations. (1) The general regulations contained in 33 CFR
Sec.  165.10, Sec.  165.11, and Sec.  165.13 apply.
    (2) In accordance with the general regulations, the following
regulations apply to vessels carrying petroleum products in excess of
250 barrels:
    (i) The vessel must have plans in place to maintain a minimum of
two feet under keel clearance at all times.
    (ii) A vessel requiring a nighttime transit through East Rockaway
Inlet may only do so only after receiving approval from the Captain of
the Port Long Island Sound.
    (iii) Vessels are prohibited from transiting East Rockaway Inlet if
a small

craft advisory or greater has been issued for the area unless specific
approval is received from the Captain of the Port Long Island Sound.
    (iv) In an emergency, any vessel may deviate from the regulations
in this section to the extent necessary to avoid endangering the safety
of persons, property, or the environment. If deviation from the
regulations is necessary, the master or their designee shall inform the
Coast Guard as soon as it is practicable to do so.
    (c) Waivers. (1) The Captain of the Port Long Island Sound may,
upon request, waive any regulation in this section. (2) A request for a
waiver must include the need for the waiver and describe the proposed
vessel operations through the Regulated Navigation Area.

    Dated: May 27, 2009.
Dale G. Gabel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. E9-13889 Filed 6-12-09; 8:45 am]

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