[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Notices]
[Pages 64516-64517]
[FR Doc No: 2023-20203]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2018-0067]

Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on August 3, 2023, the
Peninsula Corridor Joint Powers Board (Caltrain) petitioned the Federal
Railroad Administration (FRA) for an extension of a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR parts 229 (Railroad Locomotive Safety
Standards), 231 (Railroad Safety Appliance Standards), and 238
(Passenger Equipment Safety Standards). The relevant Docket Number is
FRA-2018-0067.
    Specifically, Caltrain requests continued relief for its Stadler-
built KISS Electric Multiple Unit (EMU) railcars specific to the
passenger area emergency brake valve (as required by Sec.  229.47(b),
Emergency brake valve, and Sec.  238.305(c)(5), Interior calendar day

mechanical inspection of passenger cars); the clearance above the top
rail (as required by Sec.  229.71, Clearance above top of rail); and
the safety appliances (as required by Sec.  229.71(b)-(d) and (f)-(g),
Sec.  238.229, Safety appliances--general, and Sec.  238.230(d), Safety
appliances--new equipment). Caltrain also notes that it has increased
its EMU fleet from 16 six-car trainsets to 19 seven-car trainsets.
Additionally, the intermediate level doors in the EMUs have been
replaced with door plugs, as the doors ``will not be utilized for
initial operation at Caltrain.'' Caltrain states that although the EMUs
``may not meet the specific requirements'' of the regulations, it
requests relief for ``alternate or equivalent compliance.''
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at http://www.regulations.gov. Follow the online instructions for submitting
comments.
    Communications received by November 20, 2023 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2023-20203 Filed 9-18-23; 8:45 am]
BILLING CODE


[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60675-60676]
[FR Doc No: 2022-21777]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings in Existing Proceedings

    Docket Numbers: RP20-614-005; RP20-618-002.
    Applicants: Transcontinental Gas Pipe Line Company, LLC,
Transcontinental Gas Pipe Line Company, LLC.
    Description: Notice of Transcontinental Gas Pipe Line Company, LLC
in Lieu of Pro Forma Tariff Filing.
    Filed Date: 9/29/22.
    Accession Number: 20220929-5193.
    Comment Date: 5 p.m. ET 10/5/22.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.

Filings Instituting Proceedings

    Docket Numbers: PR22-72-000.
    Applicants: Permian Highway Pipeline LLC.
    Description: Sec.  284.123 Rate Filing: Fuel Filing 10.01.2022 to
be effective 10/1/2022.
    Filed Date: 9/29/22.
    Accession Number: 20220929-5171.
    Comment Date: 5 p.m. ET 10/20/22.

    Docket Numbers: PR22-73-000.
    Applicants: Centana Intrastate Pipeline, LLC.
    Description: Sec.  284.123(g) Rate Filing: Centana SOC 7.0.0 to be
effective 9/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5056.
    Comment Date: 5 p.m. ET 10/21/22
    284.123(g) Protests: 5 p.m. ET 11/29/22.

    Docket Numbers: RP22-1258-000.
    Applicants: Colorado Interstate Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Filing (Northwestern Nov 22) to be effective 11/1/2022.
    Filed Date: 9/29/22.
    Accession Number: 20220929-5034.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: RP22-1259-000.
    Applicants: Ruby Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreements
(SWG Oct and Nov) to be effective 10/1/2022.
    Filed Date: 9/29/22.
    Accession Number: 20220929-5037.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: RP22-1260-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreements
(Morgan_ETC_Eco_EOG) to be effective 11/1/2022.
    Filed Date: 9/29/22.
    Accession Number: 20220929-5041.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: RP22-1261-000.
    Applicants: Young Gas Storage Company, Ltd.
    Description: Compliance filing: Operational Purchase and Sale
Report 2022 to be effective N/A.
    Filed Date: 9/29/22.
    Accession Number: 20220929-5050.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: RP22-1262-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: Compliance filing: Operational Purchase and Sale
Report 2022 to be effective N/A.
    Filed Date: 9/29/22.
    Accession Number: 20220929-5052.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: RP22-1263-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: List of Non-Conforming Service
Agreements (CEC_VNG_Interim Svc) to be effective 11/1/2022.
    Filed Date: 9/29/22.
    Accession Number: 20220929-5053.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: RP22-1264-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Fuel Tracker Filing--Effective
November 1, 2022 to be effective 11/1/2022.
    Filed Date: 9/29/22.
    Accession Number: 20220929-5070.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: RP22-1265-000.

    Applicants: Enable Mississippi River Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: 2022 MRT Annual Fuel Filing to
be effective 11/1/2022.
    Filed Date: 9/29/22.
    Accession Number: 20220929-5071.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: RP22-1267-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Compliance filing: Annual Cash-Out Report Period
Ending July 31, 2022 to be effective N/A.
    Filed Date: 9/29/22.
    Accession Number: 20220929-5114.
    Comment Date: 5 p.m. ET 10/11/22.

    Docket Numbers: RP22-1268-000.
    Applicants: National Fuel Gas Supply Corporation.
    Description: Sec.  4(d) Rate Filing: GT&C Section 42 PS/GHG Tracker
(Effective 11-01-22) to be effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5042.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1269-000.
    Applicants: Carolina Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: CGT--2022 FRQ and TDA Report
to be effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5046.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1270-000.
    Applicants: Portland Natural Gas Transmission System.
    Description: Sec.  4(d) Rate Filing: WXP Phase III Agmt Filings--
Bangor and Northern Utilities to be effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5057.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1271-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: APL 2022 Fuel Filing to be
effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5066.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1272-000.
    Applicants: Saltville Gas Storage Company L.L.C.
    Description: Sec.  4(d) Rate Filing: SGSC 2022 Fuel Filing to be
effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5068.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1273-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Various Oct
1 2022 Releases to be effective 10/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5070.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1274-000.
    Applicants: Panhandle Eastern Pipe Line Company, LP.
    Description: Sec.  4(d) Rate Filing: Fuel Filing on 9-30-22 to be
effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5076.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1275-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Cash Out Surcharge Annual
Update Filing 2022 to be effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5077.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1276-000.
    Applicants: Trunkline Gas Company, LLC.
    Description: Sec.  4(d) Rate Filing: Fuel Filing on 9-30-22 to be
effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5078.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1277-000.
    Applicants: Rover Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Fuel Filing on 9-30-22 to be
effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5079.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1278-000.
    Applicants: Carlsbad Gateway, LLC.
    Description: Sec.  4(d) Rate Filing: Carlsbad Gateway FandL Filing
to be effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5086.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1279-000.
    Applicants: Cheniere Creole Trail Pipeline, L.P.
    Description: Sec.  4(d) Rate Filing: Cheniere Creole Trail Out-of-
Cycle Retainage Adjustment to be effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5088.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1280-000.
    Applicants: Cheniere Corpus Christi Pipeline, LP.
    Description: Compliance filing: Cheniere Corpus Christi Retainage
Filing to be effective N/A.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5089.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1281-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agmt Update
(Conoco--Oct 22) to be effective 10/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5094.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1282-000.
    Applicants: Eastern Gas Transmission and Storage, Inc.
    Description: Sec.  4(d) Rate Filing: EGTS--2022 Annual EPCA to be
effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5100.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1283-000.
    Applicants: Eastern Gas Transmission and Storage, Inc.
    Description: Sec.  4(d) Rate Filing: EGTS--2022 Annual TCRA to be
effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5108.
    Comment Date: 5 p.m. ET 10/12/22.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 30, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-21777 Filed 10-5-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 73 (Monday, April 17, 2023)]
[Notices]
[Pages 23418-23419]
[FR Doc No: 2023-08025]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-1584-000]

Pearl River Solar Park LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Pearl River Solar Park LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.

    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 1, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: April 10, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-08025 Filed 4-14-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Notices]
[Pages 11044-11046]
[FR Doc No: 2021-03697]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0053]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from seven individuals
for

an exemption from the prohibition in the Federal Motor Carrier Safety
Regulations (FMCSRs) against persons with a clinical diagnosis of
epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before March 25, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2020-0053 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2020-0053. Follow the online
instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, 20590-0001 between 9 a.m.
and 5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2020-0053), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov/docket?D=FMCSA-2020-0053. Click on the ``Comment Now!'' button and type
your comment into the text box on the following screen. Choose whether
you are submitting your comment as an individual or on behalf of a
third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2020-0053 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting Dockets Operations in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or<PHONE_NUMBER> before visiting Dockets Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The seven individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

    The criteria states that if an individual has had a sudden episode
of a non-epileptic seizure or loss of consciousness of unknown cause
that did not require anti-seizure medication, the decision whether that
person's condition is likely to cause the loss of consciousness or loss
of ability to control a CMV should be made on an individual basis by
the ME in consultation with the treating physician. Before
certification is considered, it is suggested that a 6-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the driver
may be qualified.
    In those individual cases where a driver has had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has

recovered fully from that condition, has no existing residual
complications, and is not taking anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years, may be qualified to operate a
CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a 5-year
period or more.
    As a result of MEs misinterpreting advisory criteria as regulation,
numerous drivers have been prohibited from operating a CMV in
interstate commerce based on the fact that they have had one or more
seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified ME based on
the physical qualification standards and medical best practices.
    On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders,'' (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since that time, the Agency has published additional
notices granting requests from individuals for exemptions from the
regulatory requirement regarding epilepsy found in Sec.  391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure
disorders prohibition in Sec.  391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (78 FR 3069).

III. Qualifications of Applicants

Sayed K. Abbed

    Mr. Abbed is a 40-year old class C license holder in Illinois. He
has a history of focal seizure, and has been seizure free since 2012.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2012. His physician states that he is
supportive of Mr. Abbed receiving an exemption.

Devante Carter

    Mr. Carter is a 23-year old class D license holder in Illinois. He
has a history of epilepsy, and has been seizure free since 2009. He has
not taken anti-seizure medication since 2012. His physician states that
she is supportive of Mr. Carter receiving an exemption.

David R. Frantz

    Mr. Frantz is a 56-year old class CM license holder in
Pennsylvania. He has a history of epilepsy and has been seizure free
since 2011. He has not taken anti-seizure medication since 2012. His
physician states that he is supportive of Mr. Frantz receiving an
exemption.

Brian P. Klein

    Mr. Klein is a 46-year old Operator License holder in Indiana. He
has a history of seizures, and has been seizure free since 2008. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2008. His physician states that he is supportive of Mr.
Klein receiving an exemption.

Thomas A. Marx

    Mr. Marx is a 44-year old Driver License holder in Washington. He
has a history of epilepsy, and has been seizure free since 1995. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 1995. His physician states that he is supportive of Mr.
Marx receiving an exemption.

Jeffrey Smith, Jr.

    Mr. Smith, Jr. is a 42-year old Driver License holder in Florida.
He has a history of epilepsy, and has been seizure free since 2012. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2016. His physician states that he is supportive of Mr.
Smith, Jr. receiving an exemption.

Eric R. Smits

    Mr. Smits is a 52-year old Driver License holder in Wisconsin. He
has a history of seizures, and has been seizure free since September
2012. He takes anti-seizure medication with the dosage and frequency
remaining the same since September 2012. His physician states that he
is supportive of Mr. Smits receiving an exemption.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated under the DATES
section of the notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-03697 Filed 2-22-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: March 4, 2010 (Volume 75, Number 42)]
[Rules and Regulations]
[Page 9790-9797]
[DOCID:fr04mr10-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2009-0063; FRL-9120-8]
RIN 2050-AD75

National Priorities List, Final Rule--Gowanus Canal

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires
that the National Oil and Hazardous Substances Pollution Contingency
Plan (``NCP'') include a list of national priorities among the known
releases or threatened releases of hazardous substances, pollutants, or
contaminants throughout the United States. The National Priorities List
(``NPL'') constitutes this list. The NPL is intended primarily to guide
the Environmental Protection Agency (``EPA'' or ``the Agency'') in
determining which sites warrant further investigation. These further
investigations will allow EPA to assess the nature and extent of public
health and environmental risks associated with the site and to
determine what CERCLA-financed remedial action(s), if any, may be
appropriate. This rule adds the Gowanus Canal, located in Brooklyn, New
York, to the General Superfund section of the NPL.

DATES: Effective Date: The effective date for this amendment to the NCP
is April 5, 2010.

ADDRESSES: For addresses for the Headquarters and Region 2 dockets, as
well as further details on what these dockets contain, see section II,
``Availability of Information to the Public'' in the SUPPLEMENTARY
INFORMATION portion of this preamble.

FOR FURTHER INFORMATION CONTACT: Terry Jeng, phone:<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>Site Assessment and Remedy Decisions Branch;
Assessment and Remediation Division; Office of Superfund Remediation
and Technology Innovation (mail code 5204P); U.S. Environmental
Protection Agency; 1200 Pennsylvania Avenue, NW., Washington, DC 20460;
or the Superfund Hotline, phone<PHONE_NUMBER> or<PHONE_NUMBER> in the
Washington, DC, metropolitan area.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
    A. What Are CERCLA and SARA?
    B. What Is the NCP?
    C. What Is the National Priorities List (NPL)?
    D. How Are Sites Listed on the NPL?
    E. What Happens to Sites on the NPL?
    F. Does the NPL Define the Boundaries of Sites?
    G. How Are Sites Removed from the NPL?
    H. May EPA Delete Portions of Sites From the NPL as They Are
Cleaned Up?
    I. What Is the Construction Completion List (CCL)?
    J. What Is the Sitewide Ready for Anticipated Use Measure?
II. Availability of Information to the Public
    A. May I Review the Documents Relevant to This Final Rule?
    B. What Documents Are Available for Review at the Headquarters
Docket?
    C. What Documents Are Available for Review at the Region 2
Docket?
    D. How Do I Access the Documents?
    E. How May I Obtain a Current List of NPL Sites?
III. Contents of This Final Rule
    A. Addition to the NPL
    B. What Did EPA Do With the Public Comments It Received?
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    1. What Is Executive Order 12866?
    2. Is This Final Rule Subject to Executive Order 12866 Review?
    B. Paperwork Reduction Act
    1. What Is the Paperwork Reduction Act?

    2. Does the Paperwork Reduction Act Apply to This Final Rule?
    C. Regulatory Flexibility Act
    1. What Is the Regulatory Flexibility Act?
    2. How Has EPA Complied With the Regulatory Flexibility Act?
    D. Unfunded Mandates Reform Act
    1. What Is the Unfunded Mandates Reform Act (UMRA)?
    2. Does UMRA Apply to This Final Rule?
    E. Executive Order 13132: Federalism
    1. What Is Executive Order 13132?
    2. Does Executive Order 13132 Apply to This Final Rule?
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    1. What Is Executive Order 13175?
    2. Does Executive Order 13175 Apply to This Final Rule?
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    1. What Is Executive Order 13045?
    2. Does Executive Order 13045 Apply to This Final Rule?
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Usage
    1. What Is Executive Order 13211?
    2. Does Executive Order 13211 Apply to This Final Rule?
    I. National Technology Transfer and Advancement Act
    1. What Is the National Technology Transfer and Advancement Act?
    2. Does the National Technology Transfer and Advancement Act
Apply to This Final Rule?
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    1. What Is Executive Order 12898?
    2. Does Executive Order 12898 Apply to This Final Rule?
    K. Congressional Review Act
    1. Has EPA Submitted This Rule to Congress and the Government
Accountability Office?
    2. Could the Effective Date of This Final Rule Change?
    3. What Could Cause a Change in the Effective Date of This Rule?

I. Background

A. What Are CERCLA and SARA?

    In 1980, Congress enacted the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. 9601-9675 (``CERCLA'' or
``the Act''), in response to the dangers of uncontrolled releases or
threatened releases of hazardous substances, and releases or
substantial threats of releases into the environment of any pollutant
or contaminant that may present an imminent or substantial danger to
the public health or welfare. CERCLA was amended on October 17, 1986,
by the Superfund Amendments and Reauthorization Act (``SARA''), Public
Law 99-499, 100 Stat. 1613 et seq.

B. What Is the NCP?

    To implement CERCLA, EPA promulgated the revised National Oil and
Hazardous Substances Pollution Contingency Plan (``NCP''), 40 CFR part
300, on July 16, 1982 (47 FR 31180), pursuant to CERCLA section 105 and
Executive Order 12316 (46 FR 42237, August 20, 1981). The NCP sets
guidelines and procedures for responding to releases and threatened
releases of hazardous substances, or releases or substantial threats of
releases into the environment of any pollutant or contaminant that may
present an imminent or substantial danger to the public health or
welfare. EPA has revised the NCP on several occasions. The most recent
comprehensive revision was on March 8, 1990 (55 FR 8666).
    As required under section 105(a)(8)(A) of CERCLA, the NCP also
includes ``criteria for determining priorities among releases or
threatened releases throughout the United States for the purpose of
taking remedial action and, to the extent practicable, taking into
account the potential urgency of such action, for the purpose of taking
removal action.'' ``Removal'' actions are defined broadly and include a
wide range of actions taken to study, clean up, prevent or otherwise
address releases and threatened releases of hazardous substances,
pollutants or contaminants (42 U.S.C. 9601(23)).

C. What Is the National Priorities List (NPL)?

    The NPL is a list of national priorities among the known or
threatened releases of hazardous substances, pollutants, or
contaminants throughout the United States. The list, which is appendix
B of the NCP (40 CFR part 300), was required under section 105(a)(8)(B)
of CERCLA, as amended. Section 105(a)(8)(B) defines the NPL as a list
of ``releases'' and the highest priority ``facilities'' and requires
that the NPL be revised at least annually. The NPL is intended
primarily to guide EPA in determining which sites warrant further
investigation to assess the nature and extent of public health and
environmental risks associated with a release of hazardous substances,
pollutants or contaminants. The NPL is only of limited significance,
however, as it does not assign liability to any party or to the owner
of any specific property. Also, placing a site on the NPL does not mean
that any remedial or removal action necessarily need be taken.
    For purposes of listing, the NPL includes two sections, one of
sites that are generally evaluated and cleaned up by EPA (the ``General
Superfund Section''), and one of sites that are owned or operated by
other Federal agencies (the ``Federal Facilities Section''). With
respect to sites in the Federal Facilities Section, these sites are
generally being addressed by other Federal agencies. Under Executive
Order 12580 (52 FR 2923, January 29, 1987) and CERCLA section 120, each
Federal agency is responsible for carrying out most response actions at
facilities under its own jurisdiction, custody, or control, although
EPA is responsible for preparing a Hazard Ranking System (``HRS'')
score and determining whether the facility is placed on the NPL.

D. How Are Sites Listed on the NPL?

    There are three mechanisms for placing sites on the NPL for
possible remedial action (see 40 CFR 300.425(c) of the NCP): (1) A site
may be included on the NPL if it scores sufficiently high on the HRS,
which EPA promulgated as appendix A of the NCP (40 CFR part 300). The
HRS serves as a screening tool to evaluate the relative potential of
uncontrolled hazardous substances, pollutants or contaminants to pose a
threat to human health or the environment. On December 14, 1990 (55 FR
51532), EPA promulgated revisions to the HRS partly in response to
CERCLA section 105(c), added by SARA. The revised HRS evaluates four
pathways: ground water, surface water, soil exposure, and air. As a
matter of Agency policy, those sites that score 28.50 or greater on the
HRS are eligible for the NPL. (2) Pursuant to 42 U.S.C. 9605(a)(8)(B),
each State may designate a single site as its top priority to be listed
on the NPL, without any HRS score. This provision of CERCLA requires
that, to the extent practicable, the NPL include one facility
designated by each State as the greatest danger to public health,
welfare, or the environment among known facilities in the State. This
mechanism for listing is set out in the NCP at 40 CFR 300.425(c)(2).
(3) The third mechanism for listing, included in the NCP at 40 CFR
300.425(c)(3), allows certain sites to be listed without any HRS score,
if all of the following conditions are met:
     The Agency for Toxic Substances and Disease Registry
(ATSDR) of the U.S. Public Health Service has issued a health advisory
that recommends dissociation of individuals from the release.
     EPA determines that the release poses a significant threat
to public health.
     EPA anticipates that it will be more cost-effective to use
its remedial

authority than to use its removal authority to respond to the release.
    EPA promulgated an original NPL of 406 sites on September 8, 1983
(48 FR 40658) and generally has updated it at least annually.

E. What Happens to Sites on the NPL?

    A site may undergo remedial action financed by the Trust Fund
established under CERCLA (commonly referred to as the ``Superfund'')
only after it is placed on the NPL, as provided in the NCP at 40 CFR
300.425(b)(1). (``Remedial actions'' are those ``consistent with
permanent remedy, taken instead of or in addition to removal actions. *
* *'' 42 U.S.C. 9601(24).) However, under 40 CFR 300.425(b)(2), placing
a site on the NPL ``does not imply that monies will be expended.'' EPA
may pursue other appropriate authorities to respond to the releases,
including enforcement action under CERCLA and other laws.

F. Does the NPL Define the Boundaries of Sites?

    The NPL does not describe releases in precise geographical terms;
it would be neither feasible nor consistent with the limited purpose of
the NPL (to identify releases that are priorities for further
evaluation), for it to do so. Indeed, the precise nature and extent of
the site are typically not known at the time of listing.
    Although a CERCLA ``facility'' is broadly defined to include any
area where a hazardous substance has ``come to be located'' (CERCLA
section 101(9)), the listing process itself is not intended to define
or reflect the boundaries of such facilities or releases. Of course,
HRS data (if the HRS is used to list a site) upon which the NPL
placement was based will, to some extent, describe the release(s) at
issue. That is, the NPL site would include all releases evaluated as
part of that HRS analysis.
    When a site is listed, the approach generally used to describe the
relevant release(s) is to delineate a geographical area (usually the
area within an installation or plant boundaries) and identify the site
by reference to that area. However, the NPL site is not necessarily
coextensive with the boundaries of the installation or plant, and the
boundaries of the installation or plant are not necessarily the
``boundaries'' of the site. Rather, the site consists of all
contaminated areas within the area used to identify the site, as well
as any other location where that contamination has come to be located,
or from where that contamination came.
    In other words, while geographic terms are often used to designate
the site (e.g., the ``Jones Co. plant site'') in terms of the property
owned by a particular party, the site, properly understood, is not
limited to that property (e.g., it may extend beyond the property due
to contaminant migration), and conversely may not occupy the full
extent of the property (e.g., where there are uncontaminated parts of
the identified property, they may not be, strictly speaking, part of
the ``site''). The ``site'' is thus neither equal to, nor confined by,
the boundaries of any specific property that may give the site its
name, and the name itself should not be read to imply that this site is
coextensive with the entire area within the property boundary of the
installation or plant. In addition, the site name is merely used to
help identify the geographic location of the contamination, and is not
meant to constitute any determination of liability at a site. For
example, the name ``Jones Co. plant site,'' does not imply that the
Jones company is responsible for the contamination located on the plant
site.
    EPA regulations provide that the Remedial Investigation (``RI'')
``is a process undertaken * * * to determine the nature and extent of
the problem presented by the release'' as more information is developed
on site contamination, and which is generally performed in an
interactive fashion with the Feasibility Study (``FS'') (40 CFR 300.5).
During the RI/FS process, the release may be found to be larger or
smaller than was originally thought, as more is learned about the
source(s) and the migration of the contamination. However, the HRS
inquiry focuses on an evaluation of the threat posed and therefore the
boundaries of the release need not be exactly defined. Moreover, it
generally is impossible to discover the full extent of where the
contamination ``has come to be located'' before all necessary studies
and remedial work are completed at a site. Indeed, the known boundaries
of the contamination can be expected to change over time. Thus, in most
cases, it may be impossible to describe the boundaries of a release
with absolute certainty.
    Further, as noted above, NPL listing does not assign liability to
any party or to the owner of any specific property. Thus, if a party
does not believe it is liable for releases on discrete parcels of
property, it can submit supporting information to the Agency at any
time after it receives notice it is a potentially responsible party.
    For these reasons, the NPL need not be amended as further research
reveals more information about the location of the contamination or
release.

G. How Are Sites Removed From the NPL?

    EPA may delete sites from the NPL where no further response is
appropriate under Superfund, as explained in the NCP at 40 CFR
300.425(e). This section also provides that EPA shall consult with
states on proposed deletions and shall consider whether any of the
following criteria have been met:
    (i) Responsible parties or other persons have implemented all
appropriate response actions required;
    (ii) All appropriate Superfund-financed response has been
implemented and no further response action is required; or
    (iii) The remedial investigation has shown the release poses no
significant threat to public health or the environment, and taking of
remedial measures is not appropriate.

H. May EPA Delete Portions of Sites From the NPL as They Are Cleaned
Up?

    In November 1995, EPA initiated a policy to delete portions of NPL
sites where cleanup is complete (60 FR 55465, November 1, 1995). Total
site cleanup may take many years, while portions of the site may have
been cleaned up and made available for productive use.

I. What Is the Construction Completion List (CCL)?

    EPA also has developed an NPL construction completion list
(``CCL'') to simplify its system of categorizing sites and to better
communicate the successful completion of cleanup activities (58 FR
12142, March 2, 1993). Inclusion of a site on the CCL has no legal
significance.
    Sites qualify for the CCL when: (1) Any necessary physical
construction is complete, whether or not final cleanup levels or other
requirements have been achieved; (2) EPA has determined that the
response action should be limited to measures that do not involve
construction (e.g., institutional controls); or (3) the site qualifies
for deletion from the NPL. For the most up-to-date information on the
CCL, see EPA's Internet site at http://www.epa.gov/superfund/cleanup/
ccl.htm.

J. What Is the Sitewide Ready for Anticipated Use Measure?

    The Sitewide Ready for Anticipated Use measure (formerly called
Sitewide Ready-for-Reuse) represents important Superfund
accomplishments and the measure reflects the high priority EPA places
on considering anticipated future land use as part of our remedy
selection

process. See Guidance for Implementing the Sitewide Ready-for-Reuse
Measure, May 24, 2006, OSWER 9365.0-36. This measure applies to final
and deleted sites where construction is complete, all cleanup goals
have been achieved, and all institutional or other controls are in
place. EPA has been successful on many occasions in carrying out
remedial actions that ensure protectiveness of human health and the
environment, including current and future land users, in a manner that
allows contaminated properties to be restored to environmental and
economic vitality. For further information, please go to http://
www.epa.gov/superfund/programs/recycle/tools/index.html.

II. Availability of Information to the Public

A. May I Review the Documents Relevant to This Final Rule?

    Yes, documents relating to the evaluation and scoring of the site
in this final rule are contained in dockets located both at EPA
Headquarters and in the EPA Region 2 office.
    An electronic version of the public docket is available through
http://www.regulations.gov. Use docket identification number EPA-HQ-
SFUND-2009-0063. Although not all Docket materials may be available
electronically, you may still access any of the publicly available
Docket materials through the Docket facilities identified below in
section II D.

B. What Documents Are Available for Review at the Headquarters Docket?

    The Headquarters Docket for this rule contains the HRS score
sheets, the Documentation Record describing the information used to
compute the score, pertinent information regarding statutory
requirements or EPA listing policies that affect the site, and a list
of documents referenced in the Documentation Record. Since this site
received comments during the comment period, the Headquarters Docket
also contains a Support Document that includes EPA's responses to
comments.

C. What Documents Are Available for Review at the Region 2 Docket?

    The Region 2 Docket contains all the information in the
Headquarters Docket, plus the actual reference documents containing the
data principally relied upon by EPA in calculating or evaluating the
HRS score. These reference documents are available only in the Regional
Dockets. Since this site received comments during the comment period,
the Region 2 Docket also contains a Support Document that includes
EPA's responses to comments.

D. How Do I Access the Documents?

    You may view the documents, by appointment only, after the
publication of this rule. The hours of operation for the Headquarters
Docket are from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays. Please contact the Region 2 Docket for
hours.
    Following is the contact information for the EPA Headquarters:
Docket Coordinator, Headquarters; U.S. Environmental Protection Agency;
CERCLA Docket Office; 1301 Constitution Avenue, NW.; EPA West, Room
3334, Washington, DC 20004, 202/566-0276.
    The contact information for the Region 2 Docket is as follows:
Ildefonso Acosta, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 Broadway,
New York, NY 10007-1866; 212/637-4344.

E. How May I Obtain a Current List of NPL Sites?

    You may obtain a current list of NPL sites via the Internet at
http://www.epa.gov/superfund/ (look under the Superfund sites category)
or by contacting the Superfund Docket (see contact information above).

III. Contents of This Final Rule

A. Addition to the NPL

    This final rule adds the Gowanus Canal, located in Brooklyn, NY, to
the General Superfund Section of the NPL.

B. What Did EPA Do With the Public Comments It Received?

    EPA received a large number of comments on the proposal to list the
Gowanus Canal. EPA's responses to the comments, and the impacts, if
any, on the HRS score, are presented in a support document that has
been placed in the Headquarters and Region 2 dockets concurrently with
the publication of this rule.
    All comments that were received by EPA are contained in the
Headquarters Docket and are also listed in EPA's electronic public
Docket and comment system at http://www.regulations.gov.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

1. What Is Executive Order 12866?
    Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the
Agency must determine whether a regulatory action is ``significant''
and therefore subject to Office of Management and Budget (OMB) review
and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may: (1) Have an annual effect on the economy of $100 million
or more or adversely affect in a material way the economy, a sector of
the economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order.
2. Is This Final Rule Subject to Executive Order 12866 Review?
    No. The listing of sites on the NPL does not impose any obligations
on any entities. The listing does not set standards or a regulatory
regime and imposes no liability or costs. Any liability under CERCLA
exists irrespective of whether a site is listed. It has been determined
that this action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 and is therefore not subject to OMB
review.

B. Paperwork Reduction Act

1. What Is the Paperwork Reduction Act?
    According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information that requires OMB
approval under the PRA, unless it has been approved by OMB and displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations, after initial display in the preamble of the final rules,
are listed in 40 CFR part 9.
2. Does the Paperwork Reduction Act Apply to This Final Rule?
    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
EPA has determined that the PRA does not apply because this rule does
not contain any information collection requirements that require
approval of the OMB.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose

or provide information to or for a Federal agency. This includes the
time needed to review instructions; develop, acquire, install, and
utilize technology and systems for the purposes of collecting,
validating, and verifying information, processing and maintaining
information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions and
requirements; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

1. What Is the Regulatory Flexibility Act?
    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996) whenever an agency is required to publish a notice of
rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
However, no regulatory flexibility analysis is required if the head of
an agency certifies the rule will not have a significant economic
impact on a substantial number of small entities. SBREFA amended the
Regulatory Flexibility Act to require Federal agencies to provide a
statement of the factual basis for certifying that a rule will not have
a significant economic impact on a substantial number of small
entities.
2. How Has EPA Complied With the Regulatory Flexibility Act?
    This rule listing sites on the NPL does not impose any obligations
on any group, including small entities. This rule also does not
establish standards or requirements that any small entity must meet,
and imposes no direct costs on any small entity. Whether an entity,
small or otherwise, is liable for response costs for a release of
hazardous substances depends on whether that entity is liable under
CERCLA 107(a). Any such liability exists regardless of whether the site
is listed on the NPL through this rulemaking. Thus, this rule does not
impose any requirements on any small entities. For the foregoing
reasons, I certify that this rule will not have a significant economic
impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act

1. What Is the Unfunded Mandates Reform Act (UMRA)?
    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
one year. Before EPA promulgates a rule where a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
2. Does UMRA Apply to This Final Rule?
    This final rule does not contain a Federal mandate that may result
in expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
Listing a site on the NPL does not itself impose any costs. Listing
does not mean that EPA necessarily will undertake remedial action. Nor
does listing require any action by a private party or determine
liability for response costs. Costs that arise out of site responses
result from site-specific decisions regarding what actions to take, not
directly from the act of placing a site on the NPL. Thus, this rule is
not subject to the requirements of section 202 and 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. As is mentioned
above, site listing does not impose any costs and would not require any
action of a small government.

E. Executive Order 13132: Federalism

1. What Is Executive Order 13132?
    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects 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.''
2. Does Executive Order 13132 Apply to This Final Rule?
    This final rule does not have federalism implications. It will not
have substantial direct effects 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,
as specified in Executive Order 13132, because it does not contain any
requirements applicable to States or other levels of government. Thus,
the requirements of the Executive Order do not apply to this final
rule.
    EPA believes, however, that this final rule may be of significant
interest to the State government. In the spirit of Executive Order
13132, and consistent with EPA policy to promote communications between
EPA and State and local governments, EPA therefore consulted with State
officials early in the process of developing the rule to permit them to
have meaningful and timely input into its development. The site in this
final rule was referred to EPA by the State for listing. EPA

received a letter of support from the Commissioner of the New York
Department of Environmental Conservation who was delegated the
authority by the Governor to speak on his behalf regarding NPL listing
decisions.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

1. What Is Executive Order 13175?
    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
2. Does Executive Order 13175 Apply to This Final Rule?
    This final rule does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). Listing a site
on the NPL does not impose any costs on a tribe or require a tribe to
take remedial action. Thus, Executive Order 13175 does not apply to
this final rule.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

1. What Is Executive Order 13045?
    Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
2. Does Executive Order 13045 Apply to This Final Rule?
    This rule is not subject to Executive Order 13045 because it is not
an economically significant rule as defined by Executive Order 12866,
and because the Agency does not have reason to believe the
environmental health or safety risks addressed by this section present
a disproportionate risk to children.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Usage

1. What Is Executive Order 13211?
    Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' (66 FR
28355 (May 22, 2001)) requires federal agencies to prepare a
``Statement of Energy Effects'' when undertaking certain regulatory
actions. A Statement of Energy Effects describes the adverse effects of
a ``significant energy action'' on energy supply, distribution and use,
reasonable alternatives to the action, and the expected effects of the
alternatives on energy supply, distribution and use.
2. Does Executive Order 13211 Apply to This Final Rule?
    This action is not a ``significant energy action'' as defined in
Executive Order 13211, because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Further,
we have concluded that this final rule is not likely to have any
adverse energy impacts because adding a site to the NPL does not
require an entity to conduct any action that would require energy use,
let alone that which would significantly affect energy supply,
distribution, or usage. Thus, Executive Order 13175 does not apply to
this action.

I. National Technology Transfer and Advancement Act

1. What Is the National Technology Transfer and Advancement Act?
    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note), directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
2. Does the National Technology Transfer and Advancement Act Apply to
This Final Rule?
    No. This rulemaking does not involve technical standards.
Therefore, EPA did not consider the use of any voluntary consensus
standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

1. What Is Executive Order 12898?
    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
2. Does Executive Order 12898 Apply to This Rule?
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. As this rule does not impose any enforceable duty upon
State, tribal or local governments, this rule will neither increase nor
decrease environmental protection.

K. Congressional Review Act

1. Has EPA Submitted This Rule to Congress and the Government
Accountability Office?
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, that includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA has submitted a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A ``major rule''

cannot take effect until 60 days after it is published in the Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
2. Could the Effective Date of This Final Rule Change?
    Provisions of the Congressional Review Act (CRA) or section 305 of
CERCLA may alter the effective date of this regulation.
    Under the CRA, 5 U.S.C. 801(a), before a rule can take effect, the
Federal agency promulgating the rule must submit a report to each House
of the Congress and to the Comptroller General. This report must
contain a copy of the rule, a concise general statement relating to the
rule (including whether it is a major rule), a copy of the cost-benefit
analysis of the rule (if any), the agency's actions relevant to
provisions of the Regulatory Flexibility Act (affecting small
businesses) and the Unfunded Mandates Reform Act of 1995 (describing
unfunded federal requirements imposed on State and local governments
and the private sector), and any other relevant information or
requirements and any relevant Executive Orders.
    EPA has submitted a report under the CRA for this rule. The rule
will take effect, as provided by law, within 30 days of publication of
this document, since it is not a major rule. Section 804(2) defines a
major rule as any rule that the Administrator of the Office of
Information and Regulatory Affairs (OIRA) of the Office of Management
and Budget (OMB) finds has resulted in or is likely to result in: an
annual effect on the economy of $100,000,000 or more; a major increase
in costs or prices for consumers, individual industries, Federal,
State, or local government agencies, or geographic regions; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic and
export markets. NPL listing is not a major rule because, as explained
above, the listing, itself, imposes no monetary costs on any person. It
establishes no enforceable duties, does not establish that EPA
necessarily will undertake remedial action, nor does it require any
action by any party or determine its liability for site response costs.
Costs that arise out of site responses result from site-by-site
decisions about what actions to take, not directly from the act of
listing itself. Section 801(a)(3) provides for a delay in the effective
date of major rules after this report is submitted.
3. What Could Cause a Change in the Effective Date of This Rule?
    Under 5 U.S.C. 801(b)(1) a rule shall not take effect, or continue
in effect, if Congress enacts (and the President signs) a joint
resolution of disapproval, described under section 802.
    Another statutory provision that may affect this rule is CERCLA
section 305, which provides for a legislative veto of regulations
promulgated under CERCLA. Although INS v. Chadha, 462 U.S. 919,103 S.
Ct. 2764 (1983) and Bd. of Regents of the University of Washington v.
EPA, 86 F.3d 1214,1222 (D.C. Cir. 1996) cast the validity of the
legislative veto into question, EPA has transmitted a copy of this
regulation to the Secretary of the Senate and the Clerk of the House of
Representatives.
    If action by Congress under either the CRA or CERCLA section 305
calls the effective date of this regulation into question, EPA will
publish a document of clarification in the Federal Register.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Natural resources, Oil pollution, Penalties, Reporting and
recordkeeping requirements, Superfund, Water pollution control, Water
supply.

    Dated: February 24, 2010.
Barry N. Breen,
Principal Deputy Assistant Administrator, Office of Solid Waste and
Emergency Response.

0
40 CFR part 300 is amended as follows:

PART 300--[AMENDED]

0
1. The authority citation for part 300 continues to read as follows:

    Authority:  33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923, 3 CFR, 1987 Comp., p. 193.

0
2. Table 1 of Appendix B to part 300 is amended by adding the following
site in alphabetical order to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
                 State                          Site name                City/county             Notes \(a)\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
NY....................................  Gowanus Canal...........  Brooklyn................

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\(a)\ A = Based on issuance of health advisory by Agency for Toxic Substance and Disease Registry (HRS score
  need not be > 28.50).
C = Sites on Construction Completion list.
S = State top priority (HRS score need not be > 28.50)
P = Sites with partial deletion(s).

* * * * *
[FR Doc. 2010-4325 Filed 3-3-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Pages 56302-56303]
[FR Doc No: 2017-25690]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82148; File No. SR-NYSEAMER-2017-32]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 497--Equities (c) Regarding the Requirements for the Listing of
Securities That Are Issued by the Exchange or Any of Its Affiliates

November 22, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on November 17, 2017, NYSE American LLC (the ``Exchange'' or
``NYSE American'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 497--Equities (c) regarding the
requirements for the listing of securities that are issued by the
Exchange or any of its affiliates. The proposed rule change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rule 497--Equities (c) (Additional
Requirements for Listed Securities Issued by ICE or its Affiliates)
regarding the requirements for the listing of securities that are
issued by the Exchange or any of its affiliates.
    Rule 497--Equities (c) sets forth certain monitoring requirements
that must be met throughout the continued listing and trading of
securities issued by the Exchange's ultimate parent, Intercontinental
Exchange, Inc. (``ICE''), or its affiliates. More specifically, Rule
497--Equities (c)(1) and (2) provide that, throughout the continued
listing and trading of an Affiliate Security \4\ on the Exchange:
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    \4\ Pursuant to Rule 497--Equities (a), ``Affiliate Security''
means any security issued by an ICE Affiliate or any Exchange-listed
option on any such security, and ``ICE Affiliate'' means ICE and any
entity that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common
control with ICE, where ``control'' means that one entity possesses,
directly or indirectly, voting control of the other entity either
through ownership of capital stock or other equity securities or
through majority representation on the board of directors or other
management body of such entity.
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     the Exchange will prepare a quarterly report on the
Affiliate Security (``Quarterly Report'') for the Exchange's Regulatory
Oversight Committee (``ROC''), and a copy of the Quarterly Report will
be forwarded promptly to the Securities and Exchange Commission
(``Commission''); and
     once a year, an independent accounting firm shall review
the listing standards for the Affiliate Security to insure that the
issuer is in compliance with the listing requirements (``Annual
Report''), and a copy of the Annual Report shall be forwarded promptly
to the ROC and the Commission.
    The Exchange proposes to amend Rule 497--Equities (c) to remove the
requirement that copies of the Quarterly and Annual Reports be
forwarded to the Commission, by deleting the final sentence of Rule
497--Equities (c)(1) and the text ``and the Commission'' from the end
of Rule 497--Equities (c)(2). In addition, because the proposed
deletions would remove the definition of ``Commission'' currently in
Rule 497--Equities (c)(1), the Exchange proposes to add the definition
to Rule 497--Equities (c)(3).
    No other changes would be made to Rule 497--Equities (c), which
would continue to require that the Quarterly Report be prepared for the
ROC and the Annual Report be forwarded promptly to the ROC.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Exchange Act \5\ in general, and Section
6(b)(5) \6\ in particular, in that it is designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to, and perfect the mechanism of a
free and open market and a national market

system and, in general, to protect investors and the public interest.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, remove impediments to, and
perfect the mechanism of a free and open market and a national market
system and, in general, to protect investors and the public interest,
because the proposed changes would reduce the paperwork received by the
Commission and ease the burden of submitting the Quarterly and Annual
Reports, without changing the information available to the Commission.
In discussions with the Commission Staff regarding Rule 497--Equities,
it was determined that the Exchange no longer needed to provide copies
of the Quarterly and Annual Reports to the Commission. The Quarterly
and Annual Reports would continue to be available to the Commission, as
they are subject to Section 17A of the Act \7\ and Rule 17a-1
thereunder,\8\ pursuant to which the Exchange is required to keep and
preserve copies of the Quarterly and Annual Reports, and to promptly
furnish to the Commission copies of such Reports upon request of any
representative of the Commission.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q.
    \8\ 17 CFR 240.17a-1.
---------------------------------------------------------------------------

    The Exchange believes that the proposed non-substantive change
adding the definition of ``Commission'' to Rule 497--Equities (c)(3)
would promote just and equitable principles of trade and remove
impediments to a free and open market by providing greater clarity in
the Exchange's rules.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act. The proposed rule
change is not intended to address competitive issues but rather to
reduce the paperwork received by the Commission and ease the burden of
submitting the Quarterly and Annual Reports, without changing the
information available to the Commission.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
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 prior to
30 days from the date on 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 and Rule 19b-
4(f)(6)(iii) thereunder.\11\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \12\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEAMER-2017-32 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-NYSEAMER-2017-32. 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 (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 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 the filing also will be available
for inspection and copying at the principal office of the Exchange. 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-NYSEAMER-2017-32 and should
be submitted on or before December 19, 2017.
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    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-25690 Filed 11-27-17; 8:45 am]
 BILLING CODE 8011-01-P