[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Notices]
[Pages 50532-50534]
[FR Doc No: 2019-20695]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87023; File No. SR-NSCC-2019-002]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing of Partial Amendment No. 1 and Order
Granting Accelerated Approval of a Proposed Rule Change, as Modified by
Partial Amendment No. 1, To Amend Procedure VII with Respect to the
Receipt of CNS Securities and Make Other Changes

September 19, 2019.

I. Introduction

    On July 22, 2019, National Securities Clearing Corporation
(``NSCC'') filed with the Securities and Exchange Commission
(``Commission'') proposed rule change SR-NSCC-2019-002, pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder.\2\ The proposed rule change was published
for comment in the Federal Register on August 8, 2019.\3\ On September
16, 2019, NSCC filed Partial Amendment No. 1 to the proposed rule
change to postpone the implementation date of the proposed rule
change.\4\ The Commission did not receive any comment letters on the
proposed rule change. The Commission is publishing this notice to
solicit comment on Partial Amendment No. 1 from interested persons and
to approve the proposed rule change, as modified by Partial Amendment
No. 1 (hereinafter, ``Proposed Rule Change''), on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 86556 (August 2, 2019),
84 FR 39037 (August 8, 2019) (SR-NSCC-2019-002) (``Notice'').
    \4\ NSCC submitted a courtesy copy of Partial Amendment No. 1 to
the proposed rule change through the Commission's electronic public
comment letter mechanism. Accordingly, Partial Amendment No. 1 to
the proposed rule change has been publicly available on the
Commission's website since September 16, 2019: https://www.sec.gov/comments/sr-nscc-2019-002/srnscc2019002-6132116-192236.pdf.
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II. Description of the Proposed Rule Change

    The proposed rule change would amend Procedure VII (CNS Accounting
Operation) of NSCC's Rules & Procedures (``Rules'') \5\ with respect to
the receipt of securities from NSCC's Continuous Net Settlement
(``CNS'') System.\6\ Specifically, these amendments would reflect a
change in the allocation algorithm used during the night cycle used by
NSCC's CNS System. The proposed rule change would also make technical
changes to the Rules.
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    \5\ Capitalized terms not defined herein are defined in the
Rules, available at http://www.dtcc.com/~/media/Files/Downloads/
legal/rules/nscc_rules.pdf.
    \6\ The CNS System and its operation are described in Rule 11
(CNS System) and Procedure VII (CNS Accounting Operation) of the
Rules. Id.
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A. Background

    NSCC's CNS System is an automated accounting and securities
settlement system that centralizes and nets the settlement of compared
and recorded securities transactions and maintains an orderly flow of
security and money balances. The settlement processing cycle spans two
business days, with a night cycle that begins at approximately 8:30
p.m. Eastern Time (``ET'') on the day prior to settlement date and runs
until approximately 10 p.m. ET, and a day cycle that begins at
approximately 6:30 a.m. ET on settlement date and runs until
approximately 3:10 p.m. ET. The night cycle and day cycle settlement
processes are essentially the same, except that the night cycle
settlement process runs in batches and the day cycle settlement process
runs continuously.
    Transactions that do not get processed for settlement during the
night cycle are carried into the following day cycle for settlement
processing.
    CNS relies on an interface with the Depository Trust Company
(``DTC''), an affiliate of NSCC, for the book-entry movement of
securities. Procedure VII (CNS Accounting Operation) describes the
receipt and delivery of CNS Securities. CNS long (buy) positions are
allocated to Members as the securities are received by NSCC (i.e., CNS
long positions are transferred from the NSCC account at DTC to the
accounts of NSCC Members at DTC) in accordance with the CNS System
algorithm.
    Currently, NSCC employs an algorithm to determine the order in
which Members with long allocations receive positions from CNS;
however, Members can submit priority requests that override NSCC's
algorithm when they have special needs to receive securities owed to
them (e.g., the security is undergoing a corporate action or the Member
has an urgent customer delivery).\7\ The priority requests can be
submitted for the night cycle, the day cycle, or both. The current
priority groups are as follows--
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    \7\ Specifically, under Procedure VII, subsection E (Influencing
Receipts from CNS), Members can request that they receive priority
for some or all issues on a standing or override basis.
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    First, long positions in a CNS Reorganization Sub-Account
established pursuant to paragraph H.4 of Procedure VII of the Rules;
\8\
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    \8\ Supra note 5.
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    Second, long positions against which Buy-In Intent \9\ notices are
due to expire that day but which were not filled the previous day;
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    \9\ Section 7 of Rule 11 (CNS System) and subsection J of
Procedure VII (CNS Accounting Operation) of the Rules provide that
in the event a Member has a Long Position in a CNS Security, the
Member may demand immediate delivery thereof by submitting to NSCC a
Buy-In Intent notice in such form and within such times as
determined by NSCC. Supra note 5.
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    Third, long positions against which Buy-In Intent notices are due
to expire the following day;
    Fourth, (i) long positions in a receiving ID Net Subscriber's
agency account established at a Qualified Securities Depository,\10\
and (ii) long positions against the component securities of index
receipts;
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    \10\ ID Net Service and its operation are described in Rule 65
(ID Net Service) and Procedure XVI (ID Net Service) of the Rules.
Supra note 5.
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    Fifth, in descending sequence, priority levels as specified by
Standing Priority Requests and as modified by Priority Overrides.

    Currently, when more than one long position in a given CNS Security
exists within the same priority group, the positions are allocated
based on their age (i.e., the ``oldest'' position is allocated first).
In addition, when more than one long position in a given CNS Security
exists within the same priority group and all of those have been long
the same number of consecutive days (i.e., within the same age group),
the allocation rank is determined by a computer generated random
number. The allocation algorithm currently used for the night and day
cycles is the same but is computed separately.

B. Proposed Changes to Allocation Algorithm

    Under the current algorithm, approximately 50 percent of the CNS
transactions are processed for settlement during the night cycle. In
order to improve processing efficiency and maximize the number of CNS
transactions that would get processed for settlement during the night
cycle, NSCC is proposing a modification to the allocation algorithm
used during the night cycle.\11\ NSCC anticipates that the proposal
would increase the percentage of CNS transactions processed for
settlement during the night cycle to approximately 65 percent.\12\ NSCC
is not proposing changes to the allocation algorithm used during the
day cycle.
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    \11\ See Notice, supra note 3, at 39038-39.
    \12\ Id.
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    As described above, the current allocation sequence for day cycle
and night cycle is as follows: Priority groups, age of positions, and
random number within an age group. Under the proposal, NSCC would
change the allocation algorithm so that age of positions and random
number within an age group would no longer be considered as factors
when allocating CNS long positions within the same priority group
during the night cycle. Instead, allocation of CNS long positions
within the same priority group during the night cycle would be
determined by the DTC settlement optimization algorithm. \13\
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    \13\ On July 22, 2019, DTC submitted a proposed rule change to
implement a new algorithm to optimize its settlement processing of
transactions during the night cycle (``DTC settlement optimization
algorithm''). The proposal is designed to maximize the number of
transactions processed for settlement during the night cycle. See
Securities Exchange Act Release No. 86554 (August 2, 2019), 84 FR
39025 (August 8, 2019) (SR-DTC-2019-005).
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    NSCC represents that eliminating the age of positions and random
number within an age group from being considered as factors when
allocating CNS long positions within the same priority group during the
night cycle would help maximize the number of transactions processed
for settlement during the night cycle.\14\ Specifically, according to
NSCC, removing the requirement to process transactions for settlement
during the night cycle in an order based on the age of positions and
random number within an age group would help the DTC settlement
optimization algorithm perform more effectively in identifying the
optimal order by which transactions are processed for settlement,
which, in turn, would help maximize the number of transactions
processed for settlement during the night cycle.\15\
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    \14\ See Notice, supra note 3, at 39038-39.
    \15\ Id.
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    NSCC is proposing to add a clause to subsection C.4 of Procedure
VII (CNS Accounting Operation) to make it clear that there would be
differences in the allocation algorithm used for receipts from CNS
between the day cycle and the night cycle processes. NSCC is also
proposing to add a parenthetical regarding subsection E of Procedure
VII for ease of reference. To reflect the proposed elimination of
random number within an age group as a factor when allocating CNS long
positions within the same priority group during the night cycle, NSCC
is proposing to modify the first paragraph of subsection E of Procedure
VII by deleting the references to an algorithm which changes daily.
    NSCC is also proposing to revise subsection E.4 of Procedure VII to
reflect the proposed changes to the allocation algorithm used during
the night cycle by adding (i) ``and, for the day cycle only,'' to the
first paragraph in subsection E.4 and (ii) ``For the day cycle only,''
to the third and fourth paragraphs of subsection E.4. According to
NSCC, these changes are being proposed to state that age of positions
and random number within an age group would only be considered as
factors when allocating CNS long positions during the day cycle.\16\
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    \16\ Id.
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    In addition, NSCC is proposing to modify the last paragraph of
subsection E.4 of Procedure VII to clarify that the allocation
algorithm used for the night and day cycles is computed separately to
allow for the use of different allocation factors in those respective
cycles.\17\
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    \17\ Id.
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    NSCC is proposing technical changes by replacing references to
``evening cycle'' with ``night cycle'' in subsections A, C.3, E.1, E.2,
E.4, E.5, and H.5 of Procedure VII. Similarly, NSCC is proposing to
replace references to (i) ``evening allocation'' with ``night
allocation'' in subsections C.3, C.4, and J.1 of Procedure VII, (ii)
``evening and day delivery cycles'' with ``night and day delivery
cycles'' in subsection E.4 of Procedure VII and (iii) ``evening
allocation cycle'' with ``night cycle'' in Section I of Addendum G.
These changes are being proposed to ensure consistency in terminology
usage in the Rules.\18\ NSCC is also proposing technical changes to
correct cross references in subsections E.3 and E.4(a) of Procedure
VII.
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    \18\ Id.
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C. Description of Partial Amendment No. 1

    In Partial Amendment No. 1, NSCC proposes to amend the
implementation timeframe of the proposal.\19\ In its original filing
with the Commission, NSCC previously stated that the proposed rule
change would be effective by September 26, 2019. Pursuant to Partial
Amendment No. 1, the Proposed Rule Change would be effective by
December 6, 2019.
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    \19\ Partial Amendment No. 1, supra note 4.
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III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \20\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Act and rules and regulations thereunder applicable
to such organization. After carefully considering the Proposed Rule
Change, the Commission finds that the Proposed Rule Change is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to DTC. In particular, the Commission
finds that the Proposed Rule Change is consistent with Section
17A(b)(3)(F) of the Act.\21\
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    \20\ 15 U.S.C. 78s(b)(2)(C).
    \21\ 15 U.S.C. 78q-1(b)(3)(F).
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    Section 17A(b)(3)(F) of the Act requires, in part, that the rules
of a clearing agency be designed to promote the prompt and accurate
clearance and settlement of securities transactions.\22\ The Commission
believes that the proposed changes to the allocation algorithm used
during the night cycle are designed to promote prompt and accurate
clearance and settlement of securities transactions. Removing the
requirement to process transactions for settlement during the night
cycle in an order based on the age of positions and random number
within an age group should enhance the effectiveness of the

DTC settlement optimization algorithm in identifying the optimal order
to process transactions for settlement. Being able to effectively
identify the optimal order to process transactions for settlement
should help maximize the number of transactions processed for
settlement during the night cycle. Therefore, the Commission believes
that the proposed changes to the allocation algorithm used during the
night cycle are designed to promote the prompt and accurate clearance
and settlement of securities transactions, consistent with Section
17A(b)(3)(F) of the Act.\23\
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    \22\ Id.
    \23\ Id.
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    The Commission also believes that the proposal to make technical
changes is designed to promote prompt and accurate clearance and
settlement of securities transactions. The proposed technical changes
would help ensure consistency in terminology usage and correct cross
references in the Rules, both of which would ensure the Rules are clear
and accurate. The Commission believes that using consist terminology
and correct cross references would avoid any confusion by Members and
allow Members to accurately understand NSCC's clearance and settlement
services. In turn, the Commission believes that the proposal is
designed to promote prompt and accurate clearance and settlement of
securities transactions by NSCC. As such, the Commission believes the
proposal to make technical changes is consistent with Section
17A(b)(3)(F) of the Act.\24\
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    \24\ Id.
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IV. Solicitation of Comments on Partial Amendment No. 1 to the Proposed
Rule Change

    Interested persons are invited to submit written data, views and
arguments concerning whether Partial Amendment No. 1 is consistent with
the Act. Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NSCC-2019-002 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NSCC-2019-002. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the Proposed Rule Change that are filed with
the Commission, and all written communications relating to the Proposed
Rule Change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of NSCC and on DTCC's website
(http://dtcc.com/legal/sec-rule-filings.aspx). All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NSCC-2019-002 and should be submitted on
or before October 16, 2019.

V. Accelerated Approval of the Proposed Rule Change, as Modified as
Partial Amendment No. 1

    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\25\ to approve the proposed rule change prior to the 30th day
after the date of publication of Partial Amendment No. 1 in the Federal
Register. As noted above, Partial Amendment No. 1 delays the
implementation timeframe of the proposal from September 26, 2019 to
December 6, 2019.\26\ The Commission believes that the Partial
Amendment is consistent with the Act because it does not raise any
regulatory issues and would provide more time before the proposal would
go into effect.
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    \25\ 15 U.S.C. 78s(b)(2).
    \26\ Partial Amendment No. 1, supra note 4.
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    For the reasons discussed above, the Commission finds that Partial
Amendment No. 1 is reasonably designed to protect investors and the
public interest, and consistent with the requirements of the Act.
Accordingly, the Commission finds good cause, pursuant to Section
19(b)(2) of the Act,\27\ to approve the proposed rule change, as
modified by Partial Amendment No. 1, on an accelerated basis.
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    \27\ 15 U.S.C. 78s(b)(2).
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VI. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change, as modified by Partial Amendment No. 1, is
consistent with the requirements of the Act and, in particular, with
the requirements of Section 17A of the Act \28\ and the rules and
regulations promulgated thereunder.
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    \28\ 15 U.S.C. 78q-1.
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    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\29\ that proposed rule change SR-NSCC-2019-002, as modified by
Amendment No. 1, be, and hereby is, approved on an accelerated
basis.\30\
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    \29\ 15 U.S.C. 78s(b)(2).
    \30\ In approving the proposed rule change, the Commission
considered the proposals' impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
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    \31\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-20695 Filed 9-24-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Proposed Rules]
[Pages 10313-10316]
[FR Doc No: 2017-02683]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2016-0916]
RIN 1625-AA01

Anchorages; Captain of the Port Puget Sound Zone, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes the creation of several new
anchorages and holding areas as well as a non-anchorage area, the
expansion of one existing general anchorage, and the establishment of
new and clarification of existing regulations governing such anchorages
and areas in the Puget Sound area. This action is necessary to provide
enhanced safety for maritime traffic in the Puget Sound area. We invite
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before May 11, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0916 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Laird Hail, U.S. Coast Guard
Sector Puget Sound; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Previous rulemakings defined a number of anchorages and one non-
anchorage area throughout the greater Puget Sound area. Since those
rulemakings, additional informal anchorages, holding areas, and a non-
anchorage area have been utilized to accommodate the wide variety of
vessels now calling on Puget Sound ports. Coast Guard Vessel Traffic
Service (VTS) Puget Sound, working with shipping agents, pilots, and
other stakeholders, identified and started using these anchorages and
areas to improve the safety of maritime traffic. Because these
anchorages and areas are not formally established, however, they are
not included on nautical charts, referenced in the Coast Pilot, or
subject to regulations. Accordingly, this proposed rule would formally
designate these anchorages and areas. In addition, it would establish
new and clarify existing regulations governing the use of all
anchorages and areas in the Puget Sound area. The purpose of these
actions is to improve the safety of all Puget Sound waterway users. The
Coast Guard proposes this rulemaking under the authority established in
33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-1; and Department
of Homeland Security Delegation No. 0170.1.

III. Discussion of Proposed Rule

    This rulemaking proposes the creation of several new anchorages,
holding areas, and a non-anchorage area as well as the expansion of one
existing general anchorage in the Puget Sound area, as detailed in the
proposed regulatory text. Graphic depictions of the anchorages, holding
areas, and non-anchorage area are included in the docket. In general,
they are located in the vicinity of Port Townsend, Commencement Bay,
Port Angeles, Vendovi Island, Quartermaster Harbor, and Budd Inlet. The
proposed anchorages and areas have been used for many years informally,
however, they

are not included on nautical charts, referenced in the Coast Pilot, or
subject to anchorage regulations. This rulemaking also proposes new and
updated regulations governing anchorages and areas in the Puget Sound
area, as detailed in the proposed regulatory text. In general, they
clarify the existing regulations establishing rules for the use of
anchorages and areas generally and create new anchorage regulations
establishing rules for the use of the new anchorages and areas created
by this rule. The codification of these anchorages and areas, along
with the new and updated regulations, would improve the safety of all
Puget Sound waterway users by having the anchorages and areas included
on nautical charts, referenced in the Coast Pilot, subject to
appropriate regulations, and available to VTS Puget Sound whenever
necessary to manage vessel traffic.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive Orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
    This determination is based on the fact that the affected areas of
the Puget Sound have been used historically as informal anchorages and
areas in the manner proposed and the new and updated regulations will
not impose significant limitations on the current use of the existing
or new anchorages or areas.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some of the maritime users intending to use the affected
areas of the Puget Sound may be small entities, for the reasons stated
in section IV.A. above this proposed rule would not have a significant
economic impact on such 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.
    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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT
section. 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.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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.
Regardless, the Coast Guard consulted with the Indian Tribal
Governments having an interest in the affected waters when considering
this rule. Their primary concerns were related to potential restriction
of access to Usual & Accustomed fishing grounds, and as such, the Coast
Guard has included specific provisions in the anchorage regulations
created by this rule to accommodate those concerns. If you believe this
proposed rule has implications for federalism or Indian tribes, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this
rulemaking elsewhere in this preamble.

F. 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 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves the
establishment and changing the size of anchorage grounds. Normally such
actions are categorically excluded from further review under paragraph
34(f) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary
environmental analysis checklist and Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority:  33 U.S.C. 471, 1221 through 1236, 2071, 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.

0
2. In Sec.  110.230--
0
a. Add paragraph (a)(3)(iii),
0
b. Revise paragraphs (a)(13) and (14),
0
c. Add paragraphs (a)(15) through (17),
0
d. Revise paragraph (b), and
0
e. Add paragraph (c).
    The additions and revisions read as follows:

Sec.  110.230  Anchorages, Captain of the Port Puget Sound Zone, WA.

* * * * *
    (a) * * *
    (3) * * *
    (iii) General Anchorage. All waters of Port Townsend shoreward of a
line starting at latitude 48[deg]06'33'' N., longitude 122[deg]46'00''
W.; thence to latitude 48[deg]05'52'' N., longitude 122[deg]45'04'' W.;
thence to latitude 48[deg]05'22.9'' N., longitude 122[deg]46'00'' W.;
thence to Kala Pt., latitude 48[deg]03'29'' N., longitude
122[deg]46'00'' W.
* * * * *
    (13) Commencement Bay Anchorages.
    (i) Commencement Bay General Anchorage. All waters of Commencement
Bay east of a line starting at latitude 47[deg]16'44'' N., longitude
122[deg]28'20'' W., thence to latitude 47[deg]18'00'' N., longitude
122[deg]26'36.5'' W.
    (ii) Ruston General Anchorage. All waters of Commencement Bay
within an area beginning at latitude 47[deg]18'34.5'' N., longitude
122[deg]30'22.5'' W.; thence to latitude 47[deg]18'48'' N., longitude
122[deg]29'48'' W.; thence to latitude 47[deg]18'11.1'' N., longitude
122[deg]29'03.5'' W.; thence to latitude 47[deg]17'56'' N., longitude
122[deg]29'37'' W.
    (14) Port Angeles Anchorages.
    (i) Non-anchorage area Port Angeles Harbor. Beginning at a point on
the shore at latitude 48[deg]07'03.83'' N., longitude
123[deg]24'20.67'' W.; thence to latitude 48[deg]07'38.43'' N.,
longitude 123[deg]24'04.67'' W.; thence to latitude 48[deg]07'36.03''
N., longitude 123[deg]23'50.67'' W.; thence to a point on the shoreline
at latitude 48[deg]06'56.73'' N., longitude 123[deg]24'08.67'' W.
    (A) No vessel may anchor in this non-anchorage area at any time.
    (B) Dragging, seining, fishing, or other activities which may foul
underwater installations within this non-anchorage area are prohibited.
    (C) Vessels may transit this non-anchorage area, but must proceed
by the most direct route and without unnecessary delay.
    (D) The city of Port Angeles will mark this area with signs on the
shoreline visible (during normal daylight) 1 mile to seaward reading,
``Do not Anchor in This Area.''
    (ii) Port Angeles General Anchorage. All waters in Port Angeles
Harbor that lie west of a line drawn from Ediz Hook, latitude
48[deg]08'23'' N., longitude 123[deg]24'02'' W.; to latitude
48[deg]08'23'' N., longitude 123[deg]22'07'' W.; thence to latitude
48[deg]07'42'' N., longitude 123[deg]22'07'' W.; thence to latitude
48[deg]07'42'' N., longitude 123[deg]24'08'' W.; thence to latitude
48[deg]07'14.9'' N., longitude 123[deg]24'28.2'' W.
    (iii) Port Angeles Tug and Barge Holding Area West. All waters in
Port Angeles Harbor that lie west of the line of longitude
123[deg]27'17'' W.
    (iv) Port Angeles Tug and Barge Holding Area South. All waters in
Port Angeles Harbor inside the area beginning at latitude
48[deg]07'42'' N., longitude 123[deg]24'08.0'' W.; thence to latitude
48[deg]07'16.2'' N., longitude 123[deg]25'37.1'' W.; thence to latitude
48[deg]07'14.9'' N., longitude 123[deg]24'28.2'' W.; thence back to the
point of origin.
    (v) Port Angeles Tug and Barge Holding Area East. All waters in
Port Angeles Harbor inside the area beginning at latitude
48[deg]07'42'' N., longitude 123[deg]23'45.7'' W.; thence to latitude
48[deg]07'13.8'' N., longitude 123[deg]23'54.7'' W.; thence to latitude
48[deg]07'34.4'' N., longitude 123[deg]22'55.8'' W.; thence to latitude
48[deg]07'42'' N., longitude 123[deg]22'55.8'' W. thence back to the
point of origin.
    (15) Vendovi Anchorages.
    (i) Vendovi South General Anchorage. All waters shoreward of a line
beginning at latitude 48[deg]36'40'' N., longitude 122[deg]36'51'' W.;
thence to latitude 48[deg]35'34'' N., longitude 122[deg]36'51'' W.;
thence to latitude 48[deg]35'34'' N., longitude 122[deg]35'53.62'' W.;
thence to latitude 48[deg]36'31.38'' N., longitude 122[deg]35'53.62''
W.
    (ii) Vendovi East General Anchorage. All waters in an area
beginning at latitude 48[deg]37'43'' N., longitude 122[deg]34'45.5''
W.; thence to latitude 48[deg]37'43'' N., longitude 122[deg]31'44'' W.;
thence to latitude 48[deg]35'43'' N., longitude 122[deg]31'44'' W.;
thence to latitude 48[deg]35'43'' N., longitude 122[deg]34'45.5'' W.;
thence to point of origin.
    (iii) Jack Island North Tug and Barge Holding Area. All waters
within a circular area centered at latitude 48[deg]35'22'' N.,
longitude 122[deg]37'20'' W., with a radius of six hundred yards.
    (iv) Jack Island South Tug and Barge Holding Area. All waters
within a circular area centered at latitude 48[deg]34'24'' N.,
longitude 122[deg]36'13.5'' W., with a radius of six hundred yards.
    (v) William Point Articulated Tug and Barge Anchorage. All waters
within an area beginning at latitude 48[deg]35'00'' N., longitude
122[deg]33'07'' W.; thence to latitude 48[deg]35'00'' N., longitude
122[deg]31'20'' W.; thence to latitude 48[deg]35'28'' N., longitude
122[deg]31'20'' W., thence to latitude 48[deg]35'28'' N., longitude
122[deg]33'00'' W., thence to latitude 48[deg]35'15.5'' N., longitude
122[deg]33'12'' W.
    (16) Quartermaster Harbor General Anchorage. All waters of
Quartermaster Harbor south of latitude 47[deg]20'54'' N. and north of a
line beginning at latitude

47[deg]19'53'' N., longitude 122[deg]29'28'' W. and ending at latitude
47[deg]20'37'' N., longitude 122[deg]27'18'' W.
    (17) Budd Inlet Anchorages.
    (i) Budd Inlet General Anchorage. All waters of Budd Inlet north of
latitude 47[deg]06'00'' N., and south of latitude 47[deg]08'00'' N.
    (ii) Budd Inlet North General Anchorage. All waters of Budd Inlet
within an area beginning at Dofflemyer Point, at latitude
47[deg]08'25.87'' N., longitude 122[deg]54'26'' W.; thence to latitude
47[deg]08'25.87'' N., longitude 122[deg]55'34.5'' W.; thence to
latitude 47[deg]08'51'' N., longitude 122[deg]55'32'' W.; thence to
latitude 47[deg]09'24'' N., longitude 122[deg]55'32'' W., thence to
latitude 47[deg]10'00'' N., longitude 122[deg]55'11'' W.; thence to
latitude 47[deg]10'00'' N., longitude 122[deg]54'00'' W.; thence to
latitude 47[deg]09'31.1'' N., longitude 122[deg]54'00'' W., thence to
latitude 47[deg]09'00.8'' N., longitude 122[deg]54'26'' W., thence to
the point of origin at Dofflemyer Point.
    (b) General regulations. (1) Deep-draft vessels, including
articulated tug and barge combinations, over 200 feet in length and any
vessel carrying explosives, operating in the COTP Puget Sound Zone must
anchor only in a designated anchorage described in paragraph (a) of
this section except as may be necessary for safety or security reasons.
Such vessels must obtain permission from the Captain of the Port (COTP)
Puget Sound to use a designated anchorage and should request permission
at least 48 hours prior to arrival by contacting Vessel Traffic Service
(VTS) Puget Sound.
    (2) Any vessel not covered in paragraph (b)(1) of this section may
anchor and/or operate in a designated anchorage described in paragraph
(a) of this section at any time so long as such anchorage or operations
do not interfere with the anchorage or operation of a vessel covered in
paragraph (b)(1) of this section that is utilizing the designated
anchorage.
    (3) All vessels anchoring or operating in a designated anchorage
described in paragraph (a) of this section must follow any lawful
direction given to them by the COTP Puget Sound or VTS Puget Sound
regarding the movement, operation, or anchorage of their vessel, to
include any order to depart the designated anchorage.
    (4) Any vessel in a condition such that it is likely to sink or
otherwise become a menace or obstruction to the anchorage or operation
of other vessels is prohibited from anchoring or operating in a
designated anchorage described in paragraph (a) of this section except
as may be necessary for safety or security reasons, unless otherwise
authorized by the COTP Puget Sound.
    (5) Any vessel greater than 1600 gross tons anchored in a
designated anchorage described in paragraph (a) of this section must
maintain the capability to get underway within 30 minutes, unless
otherwise authorized by the COTP Puget Sound.
    (6) No vessel may anchor in a ``dead ship'' status (propulsion or
control unavailable for normal operations) in a designated anchorage
described in paragraph (a) of this section, unless otherwise authorized
by the COTP Puget Sound.
    (7) Within the Anacortes Anchorages described in paragraph (a)(10)
of this section, lightering operations must only be conducted in the
Anacortes West and Anacortes Center anchorages, unless otherwise
authorized by the COTP Puget Sound.
    (8) Tug and barge holding areas are for the use of tug and barge
combinations and fishing vessels less than 200 feet, for a period not
to exceed 10 days. Other vessels may anchor or operate in such areas at
any time so long as such anchorage or operations do not interfere with
the anchorage or operation of a tug and barge combination or fishing
vessel less than 200 feet utilizing the area.
    (9) Within the Cap Sante and Hat Island Tug and Barge Anchorages,
described in paragraphs (a)(11) and (12) of this section, tugs and
barges are required to ensure their vessels and barges do not project
beyond the holding area's boundaries, unless otherwise authorized by
the COTP Puget Sound.
    (10) Within any tug and barge holding area, a tug must be manned,
remain in attendance with the barge, and maintain a communications
guard with VTS on an appropriate VTS VHF working frequency as defined
in 33 CFR 161.12(c) at all times.
    (11) The COTP Puget Sound and VTS Puget Sound will, to the maximum
extent possible, manage the use of the designated anchorages described
in paragraph (a) of this section to avoid or minimize any impact of the
use of such anchorages on Indian tribal fisheries. In so doing, the
COTP and VTS Puget Sound will maintain close liaison with the Indian
tribes that could be affected to ensure Coast Guard awareness of such
fisheries.
    (c) Explosives anchorages. In addition to the general regulations
in paragraph (b) of this section, the following regulations apply to
each explosives anchorage described paragraph (a) of this section.
    (1) Explosives anchorages are reserved for vessels carrying
explosives. Other vessels may anchor or operate in such anchorages only
when no vessel anchored in the explosive anchorage is displaying by day
a red flag at least 16 square feet in area at its mast head or at least
10 feet above the upper deck if the vessel has no mast, and by night a
red light in the same position specified for the flag, unless otherwise
authorized by the COTP.
    (2) All vessels carrying explosives in the COTP Puget Sound Zone
must be within an explosives anchorage when anchored, except as may be
necessary for safety or security reasons or otherwise authorized by the
COTP, and must at all time have a competent watchman on board the
vessel or a tug in attendance.
    (3) Whenever any vessel carrying explosives not fitted with
mechanical power anchors is anchored in the COTP Puget Sound Zone, the
COTP may require the attendance of a tug upon such vessel, when, in his
or her judgment, such action is necessary.
    (4) Any vessel carrying explosives at anchor in an explosives
anchorage must display by day a red flag at least 16 square feet in
area at its mast head or at least 10 feet above the upper deck if the
vessel has no mast, and by night a red light in the same position
specified for the flag. These signals shall be in addition to day
signals and lights required to be shown by all vessels when at anchor.
    (5) No explosives handling in any explosives anchorage will be
undertaken by any vessel unless COTP personnel are on board to
supervise the handling operations.

    Dated: January 18, 2017.
M.E. Butt,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2017-02683 Filed 2-9-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Proposed Rules]
[Pages 21693-21695]
[FR Doc No: 2011-9343]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2011-0002; Docket No. FEMA-B-7755]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; correction.

-----------------------------------------------------------------------

SUMMARY: On December 28, 2007, FEMA published in the Federal Register a
proposed rule that contained an erroneous table. This notice provides
corrections to that table, to be used in lieu of the information
published at 72 FR 73732. The table provided here represents the
flooding sources, location of referenced elevations, effective and
modified elevations, and communities affected for Racine County,
Wisconsin, and Incorporated Areas. Specifically, it addresses the
following flooding sources: Bartlett Branch, Chicory Creek, East/West
Canal, Fonk's Tributary, Kilbourn Road Ditch, Lamparek Creek, Nelson
Creek, North Cape Lateral, Pike River, Root River, Sorenson Creek,
Union Grove Industrial Tributary, Unnamed Tributary No. 18 to Kilbourn
Road Ditch, Unnamed Tributary No. 2 to West Branch Root River Canal,
Unnamed Tributary No. 37 to Des Plaines River, Unnamed Tributary No. 38
to Des Plaines River, Unnamed Tributary No. 39 to Des Plaines River,
Unnamed Tributary to Unnamed Tributary No. 2 to West Branch Root River
Canal, and Waxdale Creek.

DATES: Comments are to be submitted on or before July 18, 2011.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
7755, to Luis Rodriguez, Chief, Engineering Management Branch, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER> or (e-
mail<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER> or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) publishes proposed determinations of Base (1% annual-chance)
Flood Elevations (BFEs) and modified BFEs for communities participating
in the National Flood Insurance Program (NFIP), in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are minimum requirements.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own or pursuant to policies established by other
Federal, State, or regional entities. These proposed elevations are
used to meet the floodplain management requirements of the NFIP and
also are used to calculate the appropriate flood insurance premium
rates for new buildings built after these elevations are made final,
and for the contents in those buildings.

Correction

    In the proposed rule published at 72 FR 73732, in the December 28,
2007, issue of the Federal Register, FEMA published a table under the
authority of 44 CFR 67.4. The table, entitled ``Racine County,
Wisconsin, and Incorporated Areas'' addressed the following flooding
sources: Bartlett Branch, Chicory Creek, East/West Canal, Fonk's
Tributary, Kilbourn Road Ditch, Lamparek Creek, Nelson Creek, North
Cape Lateral, Pike River, Root River, Sorenson Creek, Union Grove
Industrial Tributary, Unnamed Tributary No. 18 to Kilbourn Road Ditch,
Unnamed Tributary No. 2 to West Branch Root River Canal, Unnamed
Tributary No. 37 to Des Plaines River, Unnamed Tributary No. 38 to Des
Plaines River, Unnamed Tributary No. 39 to Des Plaines River, Unnamed
Tributary to Unnamed Tributary No. 2 to West Branch Root River Canal,
and Waxdale Creek. That table contained inaccurate information as to
the location of referenced elevation, effective and modified elevation
in feet, and/or communities affected for the following flooding
sources: Bartlett Branch, Chicory Creek, Kilbourn Road Ditch, Lamparek
Creek, Nelson Creek, Pike River, Sorenson Creek, Unnamed Tributary No.
18 to Kilbourn Road Ditch, and Waxdale Creek. In this notice, FEMA is
publishing a table containing the accurate information, to address
these prior errors. The information provided below should be used in
lieu of that previously published.

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                 feet (NAVD)
                                       Location of referenced     Depth in feet above
         Flooding source(s)                 elevation **       ground [caret] Elevation    Communities affected
                                                                    in meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                Racine County, Wisconsin, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bartlett Branch.....................  At the Pike River               +682         +686  Village of Mount
                                       confluence.                                        Pleasant.
                                      Approximately 70 feet           None         +693
                                       downstream of County
                                       Highway C.
Chicory Creek.......................  Approximately 570 feet          +669         +668  Village of Mount
                                       upstream of the Pike                               Pleasant, Village of
                                       River confluence.                                  Sturtevant.
                                      At the downstream side          +723         +722
                                       of 105th Street.
East/West Canal.....................  At the North Cape               None         +788  Unincorporated Areas of
                                       Lateral confluence.                                Racine County.
                                      Approximately 40 feet           None         +788
                                       downstream of U.S.
                                       Route 45.
Fonk's Tributary....................  Approximately 200 feet          None         +746  Unincorporated Areas of
                                       upstream of the Union                              Racine County.
                                       Grove Industrial
                                       Tributary confluence.

                                      Approximately 4,880             None         +781
                                       feet upstream of the
                                       Union Grove Industrial
                                       Tributary confluence.
Kilbourn Road Ditch.................  At County Line Road....         +729         +726  Village of Mount
                                                                                Pleasant.
                                      Approximately 2,400             None         +734
                                       feet downstream of I-
                                       94.
Lamparek Creek......................  At the Pike River               +661         +660  Village of Mount
                                       confluence.                                        Pleasant.
                                      At the downstream side          +714         +713
                                       of 105th Street.
Nelson Creek........................  At County Line Road....         None         +619  Village of Mount
                                                                                Pleasant.
                                      At the downstream side          None         +642
                                       of Garden Drive.
North Cape Lateral..................  Approximately 30 feet           None         +774  Unincorporated Areas of
                                       upstream of Britton                                Racine County.
                                       Road.
                                      Approximately 2,350             None         +789
                                       feet upstream of the
                                       East/West Canal
                                       confluence.
Pike River..........................  At County Line Road....         +657         +658  City of Racine, Village
                                                                                of Mount Pleasant.
                                      Approximately 80 feet           None         +688
                                       downstream of Spring
                                       Street.
Root River..........................  At mouth at Lake                +583         +584  City of Racine.
                                       Michigan.
                                      Approximately 825 feet          +586         +587
                                       upstream of Memorial
                                       Drive.
Sorenson Creek......................  At County Line Road....         +614         +617  Village of Mount
                                                                                Pleasant, City of
                                                                                Racine.
                                      Approximately 75 feet           None         +654
                                       downstream of Meachem
                                       Road.
Union Grove Industrial Tributary....  At County Line Road....         +738         +743  Unincorporated Areas of
                                                                                Racine County, Village
                                                                                of Union Grove.
                                      Approximately 30 feet           None         +771
                                       downstream of Durand
                                       Avenue (State Highway
                                       11).
Unnamed Tributary No. 18 to Kilbourn  Approximately 1,110             +732         +733  Unincorporated Areas of
 Road Ditch.                           feet downstream of I-                              Racine County, Village
                                       94.                                                of Mount Pleasant.
                                      At the upstream side of         None         +742
                                       I-94.
Unnamed Tributary No. 2 to West       Approximately 30 feet           +704         +705  Unincorporated Areas of
 Branch Root River Canal.              upstream of Raymond                                Racine County.
                                       Avenue.
                                      Approximately 3,300             None         +751
                                       feet downstream of
                                       65th Drive.
Unnamed Tributary No. 37 to Des       Approximately 2,675             +713         +712  Unincorporated Areas of
 Plaines River.                        feet downstream of                                 Racine County.
                                       69th Street.
                                      Approximately 70 feet           None         +730
                                       downstream of 69th
                                       Street.
Unnamed Tributary No. 38 to Des       At the confluence with          None         +710  Unincorporated Areas of
 Plaines River.                        the Des Plaines River.                             Racine County.
                                      Approximately 2,750             None         +762
                                       feet upstream of
                                       Durand Avenue (State
                                       Highway 11).
Unnamed Tributary No. 39 to Des       At the confluence with          None         +710  Unincorporated Areas of
 Plaines River.                        the Des Plaines River.                             Racine County.
                                      Approximately 170 feet          None         +746
                                       downstream of County
                                       Line Road.
Unnamed Tributary to Unnamed          Approximately 250 feet          None         +720  Unincorporated Areas of
 Tributary No. 2 to West Branch Root   upstream of 65th Drive.                            Racine County.
 River Canal.
                                      Approximately 125 feet          None         +746
                                       downstream of Colony
                                       Avenue.
Waxdale Creek.......................  At the Pike River               +670         +671  Village of Mount
                                       confluence.                                        Pleasant, Village of
                                                                                Sturtevant.
                                      Approximately 70 feet           +736         +735
                                       downstream of West
                                       Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency
 Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES
City of Racine
Maps are available for inspection at City Hall, 730 Washington Avenue, Racine, Wisconsin 53403.

                                      Unincorporated Areas of Racine County
Maps are available for inspection at the Racine County Planning and Development Department, 14200 Washington
 Avenue, Sturtevant, Wisconsin 53177.

Village of Mount Pleasant
Maps are available for inspection at the Mount Pleasant Village Hall, 6126 Durand Avenue, Racine, Wisconsin
 53406.

Village of Sturtevant
Maps are available for inspection at the Village Hall, 2801 89th Street, Sturtevant, Wisconsin 53177.

Village of Union Grove
Maps are available for inspection at the Village Hall, 925 15th Avenue, Union Grove, Wisconsin 53182.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: April 8, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-9343 Filed 4-15-11; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 79, Number 173 (Monday, September 8, 2014)]
[Notices]
[Pages 53222-53223]
[FR Doc No: 2014-21252]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-31236]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

August 29, 2014.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
August 2014. A copy of each application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>. An order granting each
application will be issued unless the SEC orders a hearing. Interested
persons may request a hearing on any application by writing to the
SEC's Secretary at the address below and serving the relevant applicant
with a copy of the request, personally or by mail. Hearing requests
should be received by the SEC by 5:30 p.m. on September 23, 2014, and
should be accompanied by proof of service on the applicant, in the form
of an affidavit or, for lawyers, a certificate of service. Hearing
requests should state the nature of the writer's interest, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Secretary, U.S. Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Diane L. Titus at<PHONE_NUMBER>, SEC,
Division of Investment Management, Chief Counsel's Office, 100 F Street
NE., Washington, DC 20549-8010.

COLI VUL-4 Series Account of Great-West Life & Annuity Insurance
Company of New York [File No. 811-22102]

    Summary: Applicant, a unit investment trust, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Dates: The application was filed on April 14, 2014, and
amended on August 21, 2014.
    Applicant's Address: 50 Main St., White Plains, NY 10606.

PHL Variable Accumulation Account III [File No. 811-22275]

    Summary: Applicant, a closed-end investment company, seeks an order

declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Dates: The application was filed on June 5, 2014, and
amended on August 11, 2014.
    Applicant's Address: PHL Variable Insurance Company, One American
Row, P.O. Box 5056, Hartford, CT 06102-5056.

KKR Alternative Corporate Opportunities Fund [File No. 811-22721]; KKR
Alternative Corporate Opportunities Fund P [File No. 811-22722]

    Summary: Each applicant, a closed-end investment company, seeks an
order declaring that it has ceased to be an investment company. On
March 31, 2014, applicants made liquidating distributions to their
shareholders, based on net asset value. KKR Asset Management LLC,
investment adviser to both applicants, agreed to bear all expenses
incurred in connection with the liquidations.
    Filing Dates: The applications were filed on June 27, 2014, and
amended on August 12, 2014.
    Applicants' Address: 555 California St., 50th Floor, San Francisco,
CA 94104.

Cohen & Steers Emerging Markets Real Estate Fund, Inc. [File No. 811-
21894]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 28, 2014, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $17,316 incurred in connection with the liquidation were
paid by applicant.
    Filing Date: The application was filed on July 29, 2014.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-21252 Filed 9-5-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Notices]
[Pages 12975-12976]
[FR Doc No: 2021-04547]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0048]

NSF International: Request for Renewal of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the final decision to grant
renewal of recognition to NSF International as a Nationally Recognized
Testing Laboratory (NRTL).

DATES: The renewal of recognition becomes effective on March 5, 2021.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice that it is granting renewal of recognition
to NSF International (NSF) as a NRTL under 29 CFR 1910.7.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements in Section 1910.7 of Title 29, Code of Federal
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the
organization can perform independent safety testing and certification
of the specific products covered within the scope of recognition and is
not a delegation or grant of government authority. As a result of
recognition, employers may use products properly approved by the NRTL
to meet OSHA standards that require testing and certification. OSHA
maintains an informational web page for each NRTL that details the
scope of recognition available at http://www.osha.gov/dts/otpca/nrtl/index.html.
    OSHA processes applications submitted by an NRTL for renewal of
recognition following requirements in Appendix A to 29 CFR 1910.7. OSHA
conducts renewals in accordance with the procedures in 29 CFR 1910.7,
App. A II.C. In accordance with these procedures, NRTLs submit a
renewal request to OSHA between nine months and one year before the
expiration date of the current recognition. A renewal request includes
a request for renewal and any additional information demonstrating
their continued compliance with the terms of the recognition and 29 CFR
1910.7. If OSHA has not conducted an on-site assessment of the NRTL
headquarters and any key sites within the past 18 to 24 months, it will
schedule the necessary on-site assessment prior to the expiration date
of the NRTL's recognition. Upon review of the submitted material and,
as necessary, the successful completion of the on-site assessment, OSHA
announces the preliminary decision to grant or deny renewal in the
Federal Register and solicits comments from the public. OSHA then
publishes a final Federal Register notice responding to any comments
and renewing the NRTL's

recognition for a period of five years, or denying the renewal of
recognition.
    NSF initially received OSHA recognition as a NRTL on December 10,
1998 (63 FR 68309). NSF's most recent renewal was on July 14, 2014, for
a five-year period expiring on July 14, 2019. NSF submitted a timely
request for renewal, dated October 11, 2018 (OSHA-2006-0048-0013), and
retains their recognition pending OSHA's final decision in this renewal
process. The current address of the NSF facility recognized by OSHA and
included as part of the renewal request is: NSF International, 789
Dixboro Road, Ann Arbor, Michigan 48105.
    OSHA published the preliminary notice announcing NSF's renewal
application in the Federal Register on July 14, 2020 (85 FR 42435). The
agency requested comments by July 29, 2020, and received no comments in
response to this notice. OSHA is now proceeding with this final notice
to renew NSF's NRTL recognition.
    To obtain or review copies of all public documents pertaining to
the NSF's application, go to www.regulations.gov or contact the Docket
Office, Occupational Safety and Health Administration, U.S. Department
of Labor, 200 Constitution Avenue NW, Room N-3655, Washington, DC
20210; telephone<PHONE_NUMBER>. Docket No. OSHA-2006-0048 contains all
materials in the record concerning NSF's NRTL recognition. Please note:
Due to the COVID-19 pandemic, the Docket Office is closed to the public
at this time but can be contacted at<PHONE_NUMBER>.

II. Final Decision and Order

    OSHA hereby gives notice of the renewal of recognition of NSF as a
NRTL. OSHA examined NSF renewal application and all pertinent
information related to NSF's request for renewal of NRTL recognition.
Based on this review of the renewal request and other pertinent
information, OSHA finds that NSF meets the requirements of 29 CFR
1910.7 for renewal of recognition as a NRTL, subject to the specified
limitation and conditions. OSHA limits the renewal of NSF's recognition
to include the terms and conditions of NSF's recognition found in 63 FR
68309. The NRTL scope of recognition for NSF is also available on the
OSHA website at: https://www.osha.gov/dts/otpca/nrtl/nsf.html. This
renewal extends NSF's recognition as a NRTL for a period of five years
from March 5, 2021.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7,
NSF must abide by the following conditions of recognition:
    1. NSF must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in their operations as a NRTL, and provide details of the
change(s);
    2. NSF must meet all the terms of their recognition and comply with
all OSHA policies pertaining to this recognition; and
    3. NSF must continue to meet the requirements for recognition,
including all previously published conditions on NSF's scope of
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby renews the
recognition of NSF as a NRTL.

III. Authority and Signature

    Amanda L. Edens, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW, Washington,
DC 20210, authorized the preparation of this notice. Accordingly, the
agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2)),
Secretary of Labor's Order No. 8-2020 (85 FR 58393, Sept. 18, 2020),
and 29 CFR 1910.7.

    Signed at Washington, DC, on March 1, 2021.
Amanda L. Edens,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-04547 Filed 3-4-21; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 79, Number 179 (Tuesday, September 16, 2014)]
[Notices]
[Pages 55530-55534]
[FR Doc No: 2014-21991]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA- 2014-0088]

Visual-Manual NHTSA Driver Distraction Guidelines for In-Vehicle
Electronic Devices

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice of Federal guidelines; clarifications.

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SUMMARY: On April 26, 2013, NHTSA released the Visual-Manual NHTSA
Driver Distraction Guidelines for In-Vehicle Electronic Devices (Phase
1 Guidelines) in an effort to promote safety by discouraging the
introduction of excessively distracting devices in vehicles. These
Guidelines cover original equipment (OE) in-vehicle (i.e., integrated)
electronic devices that are operated by the driver through visual-
manual means (i.e., the driver looks at a device, manipulates a device-
related control with his or her hand, and/or watches for visual
feedback from the device). This document clarifies some ambiguities
that have been identified in these Guidelines. For some of these
clarifications, revisions to the Guidelines text are indicated. A
revised version of the Visual-Manual NHTSA Driver Distraction
Guidelines for In-Vehicle Electronic Devices (Phase 1 Guidelines),
including these revisions, will be posted on www.regulations.gov in
Docket NHTSA-2014-0088.

DATES: The corrections made in this document are effective upon
publication.

FOR FURTHER INFORMATION CONTACT: For technical issues, you may contact
Dr. W. Riley Garrott, Vehicle Research and Test Center, phone: (937)
666-3312, facsimile:<PHONE_NUMBER>. Dr. Garrott's mailing address is:
National Highway Traffic Safety Administration, Vehicle Research and
Test Center, P.O. Box B-37, East Liberty, OH 43319.

SUPPLEMENTARY INFORMATION: In June 2012, NHTSA released a ``Blueprint
for Ending Distracted Driving,'' (document available at
www.distraction.gov) summarizing steps that NHTSA intends

to take to eliminate crashes attributable to driver distraction. This
document was an update of the ``Overview of the National Highway
Traffic Safety Administration's Driver Distraction Program'' that was
released in April 2010.\1\
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    \1\ ``Overview of the National Highway Traffic Safety
Administration's Driver Distraction Program,'' DOT HS 811 299, April
2010. Available at http://www.nhtsa.gov/staticfiles/nti/
distracteddriving/pdf/811299.pdf. Also available at
www.regulations.gov, Docket NHTSA2010-0053, Document Number
0001.
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    One of the steps called for in both of these documents is the
development of nonbinding, voluntary guidelines for minimizing the
distraction potential of in-vehicle and portable devices. NHTSA stated
that these guidelines would be developed in three phases. The first
phase covers visual-manual interfaces of electronic devices installed
in vehicles as original equipment. The second phase will cover visual-
manual interfaces of portable and aftermarket devices. The third phase
will expand these guidelines to cover tasks performed via auditory-
vocal interactions.
    The Phase 1 NHTSA Guidelines were released for public comment in
February 2012. The final version of the Phase 1 Distraction Guidelines
was published in April 2013.\2\
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    \2\ 78 FR 24817 (Apr. 26, 2013).
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    The Phase 1 Guidelines list certain secondary tasks believed by the
agency to interfere inherently with a driver's ability to safely
control the vehicle. The NHTSA Guidelines recommend that in-vehicle
devices be designed so that they cannot be used by the driver to
perform these inherently distracting secondary tasks while driving. For
all other visual-manual secondary tasks, the NHTSA Guidelines specify a
test method for measuring eye glance behavior during those tasks. Eye
glance metrics are compared to acceptance criteria to evaluate whether
a task interferes too much with driver attention, rendering it
unsuitable for a driver to perform while driving. If a task does not
meet the acceptance criteria, the NHTSA Guidelines recommend that the
task be made inaccessible for performance by the driver while driving.
    In addition, the NHTSA Guidelines contain several recommendations
to limit and reduce the potential for distraction associated with the
use of OE in-vehicle electronic devices. Examples include a
recommendation that performance of visual-manual tasks should not
require the use of more than one hand, a recommendation that each
device's active display be located as close as practicable to the
driver's forward line of sight, and a recommendation of a maximum
downward viewing angle to the geometric center of each display.

Clarifications

    The agency is making the following clarifications and corrections
to the Phase 1 Guidelines and a revised version of the Visual-Manual
NHTSA Driver Distraction Guidelines for In-Vehicle Electronic Devices
(Phase 1 Guidelines), including these revisions, will be posted on
www.regulations.gov in Docket NHTSA-2014-0088.

1. Clarification of Determination of Downward Viewing Angle

    In the April 2013 Final Guidelines Notice, NHTSA committed to
clarifying the process of determining the downward viewing angle. In
particular, the agency noted that several commenters had requested
notations regarding the measurement of eye height to ground in grid
coordinates for 2D and SAE curb ground line coordinates in 3D. NHTSA
interpreted those comments as requesting figures similar to those found
in the Alliance of Automobile Manufacturers' distraction guidelines
(Alliance Guidelines).\3\ The figures in the Alliance Guidelines are
intended to clarify coordinates and measurements used when calculating
a display's downward viewing angle, and the agency indicated that it
would add similar figures to the Phase 1 Guidelines. Accordingly, the
Phase 1 Guidelines are being amended to reference an additional SAE
standard in Subsection III.B and the sections related to downward
viewing angle have been revised and illustrative diagrams have been
added. Finally, a more detailed explanation of the figures and
mathematical calculations of the angles have been added in order to
make the figures easier to understand.
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    \3\ Alliance of Automobile Manufacturers, Driver Focus-
Telematics Working Group, Statement of Principles, Criteria and
Verification Procedures on Driver Interactions with Advanced In-
Vehicle Information and Communication Systems (June 26, 2006).
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    The original text of Subsection III.B reads:

    SAE Recommended Practice J941, ``Motor Vehicle Drivers' Eye
Locations.'' Any of the following versions of SAE J941 are
acceptable: SAE J941 (June 1992), SAE J941 (June 1997), SAE J941
(September 2002), SAE J941 (October 2008), or SAE J941 (March 2010).

    The text was revised to add the following reference:

    SAE Recommended Practice J670 JAN2008, ``Vehicle Dynamics
Terminology,'' revised January 2008.

    The original text of Subsections V.C.7 and V.C.8 read:

    7. Determination of 2D Downward Viewing Angle. Create a fore-
and-aft plane (Plane FA) through the nominal driver eye point.
Define Point B as the laterally projected (while maintaining the
same fore-and aft and vertical coordinates) position of the
geometric center of the display of interest onto Plane FA. Generate
two lines in Plane FA, Line 1 and Line 2. Line 1 is a horizontal
line (i.e., maintaining the same vertical coordinate) going through
the nominal driver eye point. Line 2 goes through the nominal driver
eye point and Point B. The 2D Downward Viewing Angle is the angle
from Line 1 to Line 2.
    8. Determination of 3D Downward Viewing Angle. Generate two
lines, Line 3 and Line 4. Line 3 is a horizontal line (i.e.,
maintaining the same vertical coordinate) going through the nominal
driver eye point and a point vertically above, below, or at, the
geometric center of the display of interest. Line 4 goes through the
nominal driver eye point and the geometric center of the display.
The 3D Downward Viewing Angle is the angle from Line 3 to Line 4.

    The revised text of Subsections V.C.7 and V.C.8 read as follows:

    7. Determination of 2D Downward Viewing Angle.
    a. Coordinate System.
    The SAE J670 JAN2008 Vehicle Axis System, denoted by
(XV, YV, ZV) is used. SAE J670
JAN2008 provides two choices for the direction of the ZV
axis, pointing upward (the Z-Up orientation) or pointing downwards
(the Z-Down orientation). For this document, the Z-Up orientation is
chosen.
    The SAE J670 JAN2008 Vehicle Axis System (XV,
YV, ZV) in the Z-Up orientation is an axis
system fixed in the reference frame of the vehicle sprung mass such
that the XV axis is substantially horizontal, points
forward, and is parallel to the vehicle plane of symmetry. The
YV axis is perpendicular to the vehicle plane of symmetry
and points to the left. The ZV axis is perpendicular to
both the XV and YV axes and points upward.
    b. Create a fore-and-aft plane (Plane FA) through the nominal
driver eye point. Determine the (XEP, YEP,
ZEP) coordinates of the nominal driver eye point. Plane
FA is parallel to both the XV and ZV axes and
is perpendicular to the YV axis. Since the nominal driver
eye point is generally not on the vehicle plane of symmetry, Plane
FA will normally be offset, either to the left or to the right, from
the vehicle reference point shown in Figure 1. All points in Plane
FA will have the same YV coordinate, YEP.
    c. Define Point B. Point B is the laterally projected position
of the geometric center of the display of interest onto Plane FA.
Determine the (XV, YV, ZV)
coordinates of the geometric center of the display of interest. Then
laterally project (i.e., while maintaining the same XV
and YV coordinates) the geometric center of the display
of interest onto Plane FA. In other words, if the geometric center
of the display of interest has coordinates of (XGC,
YGC, ZGC), then the coordinates of Point B
will be (XGC, YEP, ZGC).

    d. Generate two lines in Plane FA, Line 1 and Line 2 as
described in paragraphs e. and f., below.
    e. Generate Line 1. Line 1 is a horizontal line (i.e.,
maintaining the same vertical (ZV) coordinate) in Plane
FA going through the nominal driver eye point. Figure 1 shows Plane
FA. Line 1 is marked in Figure 1.
    f. Generate Line 2. Line 2 is in Plane FA and goes through the
nominal driver eye point and Point B. Figure 1 also shows Line 2 in
Plane FA. Lines 1 and 2 will intersect at the nominal driver eye
point.
    g. Determine the 2D Downward Viewing Angle. The 2D Downward
Viewing Angle is the angle, measured in Plane FA, from Line 1 to
Line 2. Figure 1 also shows the 2D Downward Viewing Angle.
[GRAPHIC] [TIFF OMITTED] TN16SE14.000

    h. Equations for Calculating the 2D Downward Viewing Angle. The
2D Downward Viewing Angle can be calculated using the equations that
follow:
    Define the nominal driver eye point to be at coordinates
(XEP, YEP, ZEP). As previously
stated, the geometric center of the display of interest has
coordinates of (XGC, YGC, ZGC) and
the coordinates of Point B will be (XGC, YEP,
ZGC). The 2D distance in Plane FA between the nominal
driver eye point and Point B can be calculated by:
[GRAPHIC] [TIFF OMITTED] TN16SE14.001

[GRAPHIC] [TIFF OMITTED] TN16SE14.002

Where the above arcsine is calculated in radians and converted to
degrees by multiplying by 57.5958 (additional digits of accuracy
acceptable if desired).

    i. Supplemental Note. The 2D Downward Viewing Angle could be
negative (i.e., the geometric center of the display of interest
could be above the nominal driver eye point). Therefore, it is not
necessarily a downward viewing angle.
    8. Determination of 3D Downward Viewing Angle.
    Note: This section builds upon the information contained in
Subsection V.C.7, ``Determination of 2D Downward Viewing Angle.''
    a. Generate two lines, Line 3 and Line 4. Start by determining
the (XV, YV, ZV) coordinates of
both the nominal driver eye point and the geometric center of the
display of interest. Lines 3 and 4 are in a vertically-oriented
plane, Plane EP-GC, that contains both the nominal driver eye point
(at coordinates (XEP, YEP, ZEP)),
and the geometric center of the display of interest (at coordinates
of (XGC, YGC, ZGC)).
    b. Generate Line 3. Line 3 is a horizontal line (i.e.,
maintaining the same vertical coordinate), in Plane EP-GC, going
through the nominal driver eye point and a point vertically above,
below, or at (depending upon the values of YEP and
YGC) the

geometric center of the display of interest. Figure 2 illustrates
Line 3 in Plane EP-GC.
    c. Generate Line 4. Line 4 goes through the nominal driver eye
point and the geometric center of the display. It is in Plane EP-GC
and intersects with Line 3 at the nominal driver eye point. Figure 2
also illustrates Line 4 in Plane EP-GC.
[GRAPHIC] [TIFF OMITTED] TN16SE14.003

    d. Determine the 3D Downward Viewing Angle. The 3D Downward
Viewing Angle is the angle, measured in Plane EP-GC, from Line 3 to
Line 4. Figure 2 also shows the 3D Downward Viewing Angle.
    e. Equations for Calculating the 3D Downward Viewing Angle. The
3D Downward Viewing Angle can be calculated using the equations that
follow:
    Define the nominal driver eye point to be at coordinates
(XEP, YEP, ZEP). As previously
stated, the geometric center of the display of interest has
coordinates of (XGC, YGC, ZGC). The
3D distance in Plane EP-GC between the nominal driver eye point and
geometric center of the display of interest can be calculated by:
[GRAPHIC] [TIFF OMITTED] TN16SE14.004

Where the above arcsine is calculated in radians and converted to
degrees by multiplying by 57.5958 (additional digits of accuracy
acceptable if desired).

    f. Supplemental Note. The 3D Downward Viewing Angle could be
negative (i.e., the geometric center of the display of interest
could be above the nominal driver eye point). Therefore, it is not
necessarily a downward viewing angle.

2. Clarification on Ordering of Test Trials When Multiple Tasks Are
Tested

    NHTSA is revising Subsection VI.E.12, which discusses task
acceptance test sessions involving multiple testable tasks. Although
the Guidelines indicated that there is no limit to the number of tasks
an individual test participant may be asked to perform in one test
session, the agency feels that it is appropriate to caution that
including too many tasks in a single session can overwhelm test
participants and lead to worse performance by the participant, thereby
increasing the likelihood of a task not meeting the acceptance
criteria. Accordingly, Subsection VI.E.12 is being revised to
incorporate a cautionary statement to that effect. NHTSA is also adding
a similar cautionary recommendation that the instructions, practice,
and testing for each task should be completed before beginning a new
task in order to minimize the likelihood of test participant confusion.
    The original text of Subsection VI.E.12 reads:

    12. Multiple Testable Task Testing. To improve testing
efficiency, multiple (different) testable tasks may be performed

by the same test participant during one or more drives. There is no
limit to the number of testable tasks that may be evaluated by a
test participant.

    The revised text of Subsection VI.E.12 appends the following
sentences to the above section:

    However, it should be noted that including multiple tasks in a
single session may lead to performance degradation due to test
participant fatigue or confusion. Additionally, to ensure that the
testing of each task reflects the demands of that task alone, all
instructions, practice and testing for a single task should be
completed before beginning a new task.

3. Clarification of Maximum Allowable Number of Eye Glances Longer Than
2.0 Seconds

    Subsequent to publication of the Phase 1 NHTSA Driver Distraction
Guidelines, NHTSA became aware that the language used in Subsection
VI.E.14.a, which describes the maximum number of eye glances longer
than 2.0 seconds that may be observed for a conforming task during the
driving simulator test procedure, was confusing to some readers. To
improve the understandability of Subsection VI.E.14.a, that section has
been revised as follows and an illustrative table has been added.
Similar clarifying edits have also been made to Subsection VI.E.14.b,
which describes the criteria for the mean duration of glances.
    The original text of Subsection VI.E.14.a and b. read:

    14. Acceptance Criteria. A testable task should be locked out
from performance by drivers while driving unless the following three
criteria are all met:
    a. For at least 21 of the 24 test participants, no more than 15
percent (rounded up) of the total number of eye glances away from
the forward road scene have durations of greater than 2.0 seconds
while performing the testable task one time.
    b. For at least 21 of the 24 test participants, the mean
duration of all eye glances away from the forward road scene is less
than or equal to 2.0 seconds while performing the testable task one
time.

    The text of Subsections VI.E.14.a and VI.E.14.b have been revised
to read as follows:

    a. For at least 21 of the 24 test participants, no more than 15
percent (rounded up to the next whole number) of each participant's
total number of eye glances away from the forward road scene have
durations of greater than 2.0 seconds while performing the testable
task one time.

                    Table 3--Maximum Allowable Number of Eye Glances Longer Than 2.0 Seconds
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                                                                15% of the total number     Maximum number of
Number of eye glances away from the forward road scene made by    of eye glances away     allowable off-road eye
      an individual test participant in performing a task        from the forward road   glances longer than 2.0
                                                                         scene                   seconds
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1.............................................................                     0.15                      * 0
2.............................................................                     0.30                        1
3.............................................................                     0.45                        1
4.............................................................                     0.60                        1
5.............................................................                     0.75                        1
6.............................................................                     0.90                        1
7.............................................................                     1.05                        2
8.............................................................                     1.20                        2
9.............................................................                     1.35                        2
10............................................................                     1.50                        2
11............................................................                     1.65                        2
12............................................................                     1.80                        2
13............................................................                     1.95                        2
14 through 20.................................................                    >2.0                         3
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* Note: See Section VI.E.14.b. If a testable task takes a test participant exactly one glance to perform, that
  glance must be no longer than 2.0 seconds in order to have a mean duration that does not exceed 2.0 seconds
  for all eye glances.

    b. For at least 21 of the 24 test participants, the mean
duration of each participant's eye glances away from the forward
road scene is less than or equal to 2.0 seconds while performing the
testable task one time.

4. Typographical Error

    A typographical error was found in Section VI.G.4.b of the Phase 1
NHTSA Driver Distraction Guidelines. The phrase ``How to drive the
occlusion apparatus while not performing a testable task,'' should read
``Become familiar with the occlusion apparatus operation while not
performing a testable task.'' This change merely corrects the
Guidelines language without substantively changing the content.

5. Inadvertent Omission

    The agency inadvertently neglected to include a recommendation
regarding multiple testable task testing in Subsection VI.G., which
relates to the occlusion test protocol. As discussed above, a
recommendation regarding multiple task testing was included in the
section related to driving simulator testing. In order to provide
consistent recommendations for both test protocols, the agency has
included a recommendation similar to the revised Subsection VI.E.12 in
Subsection VI.G.18 that reads as follows:

    18. Multiple Testable Task Testing. To improve testing
efficiency, multiple (different) testable tasks may be performed by
the same test participant during one or more sessions. There is no
limit to the number of testable tasks that may be evaluated by a
test participant. However, it should be noted that including
multiple tasks in a single session may lead to performance
degradation due to test participant fatigue or confusion.
Additionally, to ensure that the testing of each task reflects the
demands of that task alone, all instructions, practice and testing
for a single task should be completed before beginning a new task.

    Issued in Washington, DC, on September 10, 2014, under authority
delegated by 49 CFR 1.95.
Nathaniel Beuse,
Associate Administrator for Vehicle Safety Research.
[FR Doc. 2014-21991 Filed 9-15-14; 8:45 am]
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