82 FR 14594 - Quarterly Rail Cost Adjustment Factor
SURFACE TRANSPORTATION BOARD Federal Register Volume 82, Issue 53 (March 21, 2017)
Federal Register Volume 82, Issue 53 (March 21, 2017)
| Page Range | 14594-14595 | |
| FR Document | 2017-05553 |
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)] [Notices] [Pages 14594-14595] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05553] ======================================================================= ----------------------------------------------------------------------- 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, http://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
![14594 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Notices
compete, but rather, that all options which it was filed, or such shorter time communications relating to the
exchanges should have consistent rules as the Commission may designate if proposed rule change between the
to the extent possible. Particularly consistent with the protection of Commission and any person, other than
where a market participant trades on investors and the public interest, the those that may be withheld from the
several different exchanges and an proposed rule change has become public in accordance with the
erroneous trade may occur on multiple effective pursuant to Section 19(b)(3)(A) provisions of 5 U.S.C. 552, will be
markets nearly simultaneously, the of the Act 29 and Rule 19b–4(f)(6) available for Web site viewing and
Exchange believes that a participant thereunder.30 printing in the Commission’s Public
should have a consistent experience At any time within 60 days of the Reference Room, 100 F Street NE.,
with respect to the nullification or filing of the proposed rule change, the Washington, DC 20549 on official
adjustment of transactions. The Commission summarily may business days between the hours of
Exchange understands that all other temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of such
options exchanges that trade complex it appears to the Commission that such filing also will be available for
orders and/or stock-option orders intend action is necessary or appropriate in the inspection and copying at the principal
to file proposals that are substantially public interest, for the protection of office of the Exchange. All comments
similar to this proposal. investors, or otherwise in furtherance of received will be posted without change;
The Exchange does not believe that the purposes of the Act. If the the Commission does not edit personal
the proposed rule change imposes a Commission takes such action, the identifying information from
burden on intramarket competition Commission shall institute proceedings submissions. You should submit only
because the provisions apply to all to determine whether the proposed rule information that you wish to make
market participants equally within each should be approved or disapproved. available publicly. All submissions
participant category (i.e., Customers and should refer to File Number SR–BOX–
non-Customers). With respect to IV. Solicitation of Comments
2017–08, and should be submitted on or
competition between Customer and Interested persons are invited to before April 11, 2017.
non-Customer market participants, the submit written data, views, and
Exchange believes that the Proposed For the Commission, by the Division of
arguments concerning the foregoing, Trading and Markets, pursuant to delegated
Rule acknowledges competing concerns including whether the proposed rule authority.31
and tries to strike the appropriate change is consistent with the Act. Eduardo A. Aleman,
balance between such concerns. For Comments may be submitted by any of
instance, the Exchange believes that Assistant Secretary.
the following methods:
protection of Customers is important [FR Doc. 2017–05497 Filed 3–20–17; 8:45 am]
due to their direct participation in the Electronic Comments BILLING CODE 8011–01–P
options markets as well as the fact that • Use the Commission’s Internet
they are not, by definition, market comment form (http://www.sec.gov/
professionals. At the same time, the rules/sro.shtml); or SURFACE TRANSPORTATION BOARD
Exchange believes due to the quote- • Send an email to rule-
driven nature of the options markets, comments@sec.gov. Please include File [Docket No. EP 290 (Sub-No. 5) (2017–2)]
the importance of liquidity provision in Number SR–BOX–2017–08 on the
such markets and the risk that liquidity Quarterly Rail Cost Adjustment Factor
subject line.
providers bear when quoting a large AGENCY: Surface Transportation Board.
breadth of products that are derivative Paper Comments
ACTION: Approval of rail cost adjustment
of underlying securities, that the • Send paper comments in triplicate factor.
protection of liquidity providers and the to Brent J. Fields, Secretary, Securities
practice of adjusting transactions rather and Exchange Commission, 100 F Street SUMMARY: The Board approves the
than nullifying them is of critical NE., Washington, DC 20549–1090. second quarter 2017 Rail Cost
importance. As described above, the All submissions should refer to File Adjustment Factor (RCAF) and cost
Exchange will apply specific and Number SR–BOX–2017–08. This file index filed by the Association of
objective criteria to determine whether number should be included on the American Railroads. The second quarter
an erroneous transaction has occurred subject line if email is used. To help the 2017 RCAF (Unadjusted) is 0.904. The
and, if so, how to adjust or nullify a Commission process and review your second quarter 2017 RCAF (Adjusted) is
transaction. comments more efficiently, please use 0.377. The second quarter 2017 RCAF–
C. Self-Regulatory Organization’s only one method. The Commission will 5 is 0.358.
Statement on Comments on the post all comments on the Commission’s DATES: Effective Date: April 1, 2017.
Proposed Rule Change Received From Internet Web site (http://www.sec.gov/ FOR FURTHER INFORMATION CONTACT:
Members, Participants, or Others rules/sro.shtml). Copies of the Pedro Ramirez, (202) 245–0333. Federal
submission, all subsequent Information Relay Service (FIRS) for the
The Exchange has neither solicited amendments, all written statements
nor received comments on the proposed hearing impaired (800) 877–8339.
with respect to the proposed rule
rule change. SUPPLEMENTARY INFORMATION:
change that are filed with the
Additional information is contained in
III. Date of Effectiveness of the Commission, and all written
the Board’s decision, which is available
Proposed Rule Change and Timing for on our Web site, http://www.stb.gov.
mstockstill on DSK3G9T082PROD with NOTICES
29 15 U.S.C. 78s(b)(3)(A).
Commission Action Copies of the decision may be
30 17 CFR 240.19b–4(f)(6). As required under Rule
Because the proposed rule change 19b–4(f)(6)(iii), the Exchange provided the purchased by contacting the Office of
does not (i) significantly affect the Commission with written notice of its intent to file Public Assistance, Governmental
protection of investors or the public the proposed rule change, along with a brief Affairs, and Compliance at (202) 245–
description and the text of the proposed rule
interest; (ii) impose any significant change, at least five business days prior to the date 0238. Assistance for the hearing
burden on competition; and (iii) become of filing of the proposed rule change, or such
operative for 30 days from the date on shorter time as designated by the Commission. 31 17 CFR 200.30–3(a)(12).
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![Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Notices 14595
impaired is available through FIRS at operate concrete pumps in interstate Although many of the trucks operate
(800) 877–8339. commerce to count on-duty time while intrastate and would therefore not be
This action is categorically excluded attending equipment but performing no covered by an FMCSA exemption, an
from environmental review under 49 other work-related activity, toward the unknown number of the pumping trucks
CFR 1105.6(c). 30-minute rest break provision of the are operated in metropolitan areas and
Decided: March 16, 2017. HOS regulations. FMCSA has analyzed do routinely cross State lines.1
By the Board, Board Members Begeman, the exemption application and the ACPA requests an exemption from the
Elliott, and Miller. public comments and has determined 30-minute rest break provision in 49
that the exemption, subject to the terms CFR 395.3(a)(3)(ii). The exemption
Raina S. Contee,
and conditions imposed, will achieve a would apply industry-wide to all
Clearance Clerk. level of safety that is equivalent to, or concrete pump operators, concrete
[FR Doc. 2017–05553 Filed 3–20–17; 8:45 am] greater than, the level that would be pumping companies and drivers who
BILLING CODE 4915–01–P achieved absent such exemption. deliver, set-up, and operate concrete
DATES: The exemption is effective on pumps in interstate commerce across
March 21, 2017 and expires on March the United States. ACPA requests the
SURFACE TRANSPORTATION BOARD
21, 2019. exemption because it states that the
Release of Waybill Data FOR FURTHER INFORMATION CONTACT: Mr. mandatory 30-minute rest break
Thomas Yager, Chief, FMCSA Driver increases the risk of dangerous
The Surface Transportation Board has and Carrier Operations Division; Office conditions on job sites. A mandatory
received a request from a professor at of Carrier, Driver, and Vehicle Safety break during which the concrete pump
Carnegie Mellon University. (WB17– Standards; Telephone: (614) 942–6477. operator is considered to be ‘‘off duty’’
14—2/23/17) for permission to use Email: MCPSD@dot.gov. would require the pump to be shut
certain unmasked data from the Board’s down and likely cleaned out. Stopping
SUPPLEMENTARY INFORMATION:
1984–2015 Carload Waybill Samples. A the flow of concrete through the pump
copy of this request may be obtained Background creates the risk of introducing air in the
from the Office of Economics. FMCSA has authority under 49 U.S.C. pump’s pipe system which in turn
The waybill sample contains 31136(e) and 31315 to grant exemptions could cause hose-whipping that can
confidential railroad and shipper data; from certain parts of the Federal Motor injure not only the pump operator, but
therefore, if any parties object to these Carrier Safety Regulations. FMCSA must any personnel within reach of the hose.
requests, they should file their publish a notice of each exemption Concrete pump operators also already
objections with the Director of the request in the Federal Register (49 CFR take rest breaks throughout the typical
Board’s Office of Economics within 14 381.315(a)). The Agency must provide day that reflect the work flow at the job
calendar days of the date of this notice. the public an opportunity to inspect the site, so an additional 30-minute rest
The rules for release of waybill data are information relevant to the application, break does not enhance job safety.
codified at 49 CFR 1244.9. including any safety analyses that have ACPA added that concrete is a
Contact: Alexander Dusenberry, (202) perishable product. The perishable
been conducted. The Agency must also
245–0319. nature of concrete also creates difficult
provide an opportunity for public
Brendetta S. Jones, comment on the request. schedule coordination issues due to
Clearance Clerk. The Agency reviews the safety concrete being needed on a just-in-time
[FR Doc. 2017–05513 Filed 3–20–17; 8:45 am] analyses and public comments, and basis. Concrete pump operators cannot
BILLING CODE 4915–01–P
determines whether granting the plan the timing of the 30-minute break,
exemption would likely achieve a level as they cannot interrupt their work
of safety equivalent to, or greater than, activity without the threat of failure—
the level that would be achieved by the failure to accept and deliver concrete
DEPARTMENT OF TRANSPORTATION
current regulation (49 CFR 381.305). within its perishable limits and failure
Federal Motor Carrier Safety The decision of the Agency must be to comply with their contracts. Once the
Administration published in the Federal Register (49 ingredients of ready-mixed concrete
CFR 381.315(b)) with the reasons for have been combined, there is a brief
[Docket No. FMCSA–2016–0342] denying or granting the application and, window during which the product can
if granted, the specific person or class of be pumped (roughly 90 minutes before
Hours of Service of Drivers: American
persons receiving the exemption, and the concrete hardens). Should the
Concrete Pumping Association
the regulatory provision from which the concrete pump operator be required to
(ACPA); Application for Exemption
exemption is granted. The notice must take the 30-minute rest break, it would
AGENCY: Federal Motor Carrier Safety also specify the effective period of the cause a ripple effect on the ready-mixed
Administration (FMCSA), DOT. exemption, and explain the terms and concrete trucks in line to supply the
ACTION: Notice of final disposition; grant conditions of the exemption. The pump. Such a delay could cost
of application for exemption. exemption may be renewed (49 CFR thousands of dollars to rectify and could
381.300(b)). potentially violate a delivery contract,
SUMMARY: FMCSA announces its according to ACPA. Once the concrete
decision to grant the American Concrete Request for Exemption
pump starts to receive a delivery, it
Pumping Association (ACPA) and The American Concrete Pumping
mstockstill on DSK3G9T082PROD with NOTICES
must be completed without disruption
others an exemption from the 30-minute Association (ACPA) represents more
rest break requirement in the Agency’s than 600 member companies who 1 FMCSA does not have jurisdiction over
hours-of-service (HOS) regulations for employ over 7,000 workers nationwide. intrastate transportation; however, most States have
commercial motor vehicle (CMV) The exemption would be applied to all commercial motor vehicle statutes and regulations
that are compatible with Federal regulations. An
drivers. The exemption enables all interstate concrete pumper trucks and FMCSA exemption only applies to interstate
concrete pump operators, concrete their operators, regardless of the motor transportation, although some States honor them for
pumping companies, and drivers who carrier or membership in ACPA. intrastate traffic.
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Document Created: 2017-03-21 01:09:27
Document Modified: 2017-03-21 01:09:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Approval of rail cost adjustment factor. | |
| Dates | Effective Date: April 1, 2017. | |
| Contact | Pedro Ramirez, (202) 245-0333. Federal Information Relay Service (FIRS) for the hearing impaired (800) 877- 8339. | |
| FR Citation | 82 FR 14594 |
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