Quarterly Rail Cost Adjustment Factor, 14594-14595 [2017-05553]
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Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Notices
compete, but rather, that all options
exchanges should have consistent rules
to the extent possible. Particularly
where a market participant trades on
several different exchanges and an
erroneous trade may occur on multiple
markets nearly simultaneously, the
Exchange believes that a participant
should have a consistent experience
with respect to the nullification or
adjustment of transactions. The
Exchange understands that all other
options exchanges that trade complex
orders and/or stock-option orders intend
to file proposals that are substantially
similar to this proposal.
The Exchange does not believe that
the proposed rule change imposes a
burden on intramarket competition
because the provisions apply to all
market participants equally within each
participant category (i.e., Customers and
non-Customers). With respect to
competition between Customer and
non-Customer market participants, the
Exchange believes that the Proposed
Rule acknowledges competing concerns
and tries to strike the appropriate
balance between such concerns. For
instance, the Exchange believes that
protection of Customers is important
due to their direct participation in the
options markets as well as the fact that
they are not, by definition, market
professionals. At the same time, the
Exchange believes due to the quotedriven nature of the options markets,
the importance of liquidity provision in
such markets and the risk that liquidity
providers bear when quoting a large
breadth of products that are derivative
of underlying securities, that the
protection of liquidity providers and the
practice of adjusting transactions rather
than nullifying them is of critical
importance. As described above, the
Exchange will apply specific and
objective criteria to determine whether
an erroneous transaction has occurred
and, if so, how to adjust or nullify a
transaction.
mstockstill on DSK3G9T082PROD with NOTICES
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has neither solicited
nor received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the proposed rule change
does not (i) significantly affect the
protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
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16:47 Mar 20, 2017
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which it was filed, or such shorter time
as the Commission may designate if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 29 and Rule 19b–4(f)(6)
thereunder.30
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–BOX–2017–08. 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 Web site (https://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
29 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). As required under Rule
19b–4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission.
30 17
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[FR Doc. 2017–05497 Filed 3–20–17; 8:45 am]
SURFACE TRANSPORTATION BOARD
[Docket No. EP 290 (Sub-No. 5) (2017–2)]
Quarterly Rail Cost Adjustment Factor
Surface Transportation Board.
Approval of rail cost adjustment
AGENCY:
Paper Comments
Frm 00094
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.31
Eduardo A. Aleman,
Assistant Secretary.
BILLING CODE 8011–01–P
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–BOX–2017–08 on the
subject line.
PO 00000
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 Web site 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 such
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–BOX–
2017–08, and should be submitted on or
before April 11, 2017.
Sfmt 4703
ACTION:
factor.
The Board approves the
second quarter 2017 Rail Cost
Adjustment Factor (RCAF) and cost
index filed by the Association of
American Railroads. The second quarter
2017 RCAF (Unadjusted) is 0.904. The
second quarter 2017 RCAF (Adjusted) is
0.377. The second quarter 2017 RCAF–
5 is 0.358.
DATES: Effective Date: April 1, 2017.
FOR FURTHER INFORMATION CONTACT:
Pedro Ramirez, (202) 245–0333. Federal
Information Relay Service (FIRS) for the
hearing impaired (800) 877–8339.
SUPPLEMENTARY INFORMATION:
Additional information is contained in
the Board’s decision, which is available
on our Web site, https://www.stb.gov.
Copies of the decision may be
purchased by contacting the Office of
Public Assistance, Governmental
Affairs, and Compliance at (202) 245–
0238. Assistance for the hearing
SUMMARY:
31 17
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CFR 200.30–3(a)(12).
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Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Notices
impaired is available through FIRS at
(800) 877–8339.
This action is categorically excluded
from environmental review under 49
CFR 1105.6(c).
Decided: March 16, 2017.
By the Board, Board Members Begeman,
Elliott, and Miller.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2017–05553 Filed 3–20–17; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
Release of Waybill Data
The Surface Transportation Board has
received a request from a professor at
Carnegie Mellon University. (WB17–
14—2/23/17) for permission to use
certain unmasked data from the Board’s
1984–2015 Carload Waybill Samples. A
copy of this request may be obtained
from the Office of Economics.
The waybill sample contains
confidential railroad and shipper data;
therefore, if any parties object to these
requests, they should file their
objections with the Director of the
Board’s Office of Economics within 14
calendar days of the date of this notice.
The rules for release of waybill data are
codified at 49 CFR 1244.9.
Contact: Alexander Dusenberry, (202)
245–0319.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2017–05513 Filed 3–20–17; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0342]
Hours of Service of Drivers: American
Concrete Pumping Association
(ACPA); Application for Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
FMCSA announces its
decision to grant the American Concrete
Pumping Association (ACPA) and
others an exemption from the 30-minute
rest break requirement in the Agency’s
hours-of-service (HOS) regulations for
commercial motor vehicle (CMV)
drivers. The exemption enables all
concrete pump operators, concrete
pumping companies, and drivers who
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SUMMARY:
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operate concrete pumps in interstate
commerce to count on-duty time while
attending equipment but performing no
other work-related activity, toward the
30-minute rest break provision of the
HOS regulations. FMCSA has analyzed
the exemption application and the
public comments and has determined
that the exemption, subject to the terms
and conditions imposed, will achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption.
DATES: The exemption is effective on
March 21, 2017 and expires on March
21, 2019.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division; Office
of Carrier, Driver, and Vehicle Safety
Standards; Telephone: (614) 942–6477.
Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain parts of the Federal Motor
Carrier Safety Regulations. FMCSA must
publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public an opportunity to inspect the
information relevant to the application,
including any safety analyses that have
been conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews the safety
analyses and public comments, and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)) with the reasons for
denying or granting the application and,
if granted, the specific person or class of
persons receiving the exemption, and
the regulatory provision from which the
exemption is granted. The notice must
also specify the effective period of the
exemption, and explain the terms and
conditions of the exemption. The
exemption may be renewed (49 CFR
381.300(b)).
Request for Exemption
The American Concrete Pumping
Association (ACPA) represents more
than 600 member companies who
employ over 7,000 workers nationwide.
The exemption would be applied to all
interstate concrete pumper trucks and
their operators, regardless of the motor
carrier or membership in ACPA.
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14595
Although many of the trucks operate
intrastate and would therefore not be
covered by an FMCSA exemption, an
unknown number of the pumping trucks
are operated in metropolitan areas and
do routinely cross State lines.1
ACPA requests an exemption from the
30-minute rest break provision in 49
CFR 395.3(a)(3)(ii). The exemption
would apply industry-wide to all
concrete pump operators, concrete
pumping companies and drivers who
deliver, set-up, and operate concrete
pumps in interstate commerce across
the United States. ACPA requests the
exemption because it states that the
mandatory 30-minute rest break
increases the risk of dangerous
conditions on job sites. A mandatory
break during which the concrete pump
operator is considered to be ‘‘off duty’’
would require the pump to be shut
down and likely cleaned out. Stopping
the flow of concrete through the pump
creates the risk of introducing air in the
pump’s pipe system which in turn
could cause hose-whipping that can
injure not only the pump operator, but
any personnel within reach of the hose.
Concrete pump operators also already
take rest breaks throughout the typical
day that reflect the work flow at the job
site, so an additional 30-minute rest
break does not enhance job safety.
ACPA added that concrete is a
perishable product. The perishable
nature of concrete also creates difficult
schedule coordination issues due to
concrete being needed on a just-in-time
basis. Concrete pump operators cannot
plan the timing of the 30-minute break,
as they cannot interrupt their work
activity without the threat of failure—
failure to accept and deliver concrete
within its perishable limits and failure
to comply with their contracts. Once the
ingredients of ready-mixed concrete
have been combined, there is a brief
window during which the product can
be pumped (roughly 90 minutes before
the concrete hardens). Should the
concrete pump operator be required to
take the 30-minute rest break, it would
cause a ripple effect on the ready-mixed
concrete trucks in line to supply the
pump. Such a delay could cost
thousands of dollars to rectify and could
potentially violate a delivery contract,
according to ACPA. Once the concrete
pump starts to receive a delivery, it
must be completed without disruption
1 FMCSA does not have jurisdiction over
intrastate transportation; however, most States have
commercial motor vehicle statutes and regulations
that are compatible with Federal regulations. An
FMCSA exemption only applies to interstate
transportation, although some States honor them for
intrastate traffic.
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Agencies
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Notices]
[Pages 14594-14595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05553]
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SURFACE TRANSPORTATION BOARD
[Docket No. EP 290 (Sub-No. 5) (2017-2)]
Quarterly Rail Cost Adjustment Factor
AGENCY: Surface Transportation Board.
ACTION: Approval of rail cost adjustment factor.
-----------------------------------------------------------------------
SUMMARY: The Board approves the second quarter 2017 Rail Cost
Adjustment Factor (RCAF) and cost index filed by the Association of
American Railroads. The second quarter 2017 RCAF (Unadjusted) is 0.904.
The second quarter 2017 RCAF (Adjusted) is 0.377. The second quarter
2017 RCAF-5 is 0.358.
DATES: Effective Date: April 1, 2017.
FOR FURTHER INFORMATION CONTACT: Pedro Ramirez, (202) 245-0333. Federal
Information Relay Service (FIRS) for the hearing impaired (800) 877-
8339.
SUPPLEMENTARY INFORMATION: Additional information is contained in the
Board's decision, which is available on our Web site, https://www.stb.gov. Copies of the decision may be purchased by contacting the
Office of Public Assistance, Governmental Affairs, and Compliance at
(202) 245-0238. Assistance for the hearing
[[Page 14595]]
impaired is available through FIRS at (800) 877-8339.
This action is categorically excluded from environmental review
under 49 CFR 1105.6(c).
Decided: March 16, 2017.
By the Board, Board Members Begeman, Elliott, and Miller.
Raina S. Contee,
Clearance Clerk.
[FR Doc. 2017-05553 Filed 3-20-17; 8:45 am]
BILLING CODE 4915-01-P