44240 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Notices 

3Susquehanna Int’l Grp., LLP v. SEC, 866 F.3d 

442, 443 (D.C. Cir. 2017). 

4 Id. at 446. 

5 Id. 6 17 CFR 200.83. 

petition for review of the Approval 

Order in the U.S. Court of Appeals for 

the District of Columbia Circuit (‘‘D.C. 

Circuit’’), challenging the Commission’s 

Approval Order as inconsistent with the 

Exchange Act and lacking in the 

reasoned decisionmaking required by 

the Administrative Procedure Act. 

The D.C. Circuit concluded that the 

Approval Order did not ‘‘represent the 

kind of reasoned decisionmaking 

required by either the Exchange Act or 

the Administrative Procedure Act,’’ and 

therefore remanded the case to the 

Commission for further proceedings.3 In 

so ruling, the court did not reach the 

merits of any of petitioners’ arguments 

that the Plan was inconsistent with the 

substantive requirements of the 

Exchange Act.4

The court specifically decided not to 

vacate the Approval Order prior to 

remand, instead leaving the Plan in 

place and remanding ‘‘to give the SEC 

an opportunity to properly evaluate the 

Plan.’’ 5 The D.C. Circuit’s mandate, 

which issued on August 18, 2017, 

returned the matter to the Commission 

for further proceedings. 

Accordingly, to facilitate the 

Commission’s further review of the 

Plan, It is Ordered, that by October 14, 

2017, OCC may file any additional 

statements or information that it 

considers relevant to the Commission’s 

reconsideration, including but not 

limited to information OCC’s board of 

directors considered in approving the 

Plan. 

Furthermore, the Commission is 

providing other parties and persons 

thirty days to respond to any additional 

statements OCC may submit. 

Accordingly, It is Ordered, that by 

November 13, 2017, any party or other 

person may file any additional 

statement, which may include 

statements previously submitted or 

otherwise available, or any new 

information such party or other person 

considers relevant. 

All submissions should refer to File 

Number SR–OCC–2015–02. The 

Commission will post submissions on 

the Commission’s Internet Web site as 

they are received. Submissions received 

will be posted without change; the 

Commission does not edit personal 

identifying information from 

submissions. If a party or person wishes 

to submit information for the 

Commission to consider that is 

confidential, Rule 83 of the Commission 

Rules of Practice provides a procedure 

by which persons submitting 

information may request that it be 

withheld when requested under the 

Freedom of Information Act.6 Any party 

or person seeking to submit information 

in this matter should make sure that 

their request complies with procedures 

specified by Rule 83. An explanation of 

the rule is available on the 

Commission’s Web site at: https://

www.sec.gov/foia/conftreat.htm. 

By the Commission. 

Brent J. Fields, 

Secretary. 

[FR Doc. 2017–20081 Filed 9–20–17; 8:45 am] 

BILLING CODE 8011–01–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. EP 290 (Sub-No. 5) (2017–4)] 

Quarterly Rail Cost Adjustment Factor 

AGENCY: Surface Transportation Board. 

ACTION: Approval of rail cost adjustment 

factor. 

SUMMARY: The Board approves the 

fourth quarter 2017 Rail Cost 

Adjustment Factor (RCAF) and cost 

index filed by the Association of 

American Railroads. The fourth quarter 

2017 RCAF (Unadjusted) is 0.889. The 

fourth quarter 2017 RCAF (Adjusted) is 

0.367. The fourth quarter 2017 RCAF–5 

is 0.350. 

DATES: Applicability Date: October 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 

impaired is available through FIRS at 

(800) 877–8339. 

This action will not significantly 

affect either the quality of the human 

environment or energy conservation. 

By the Board, Board Members Begeman, 

Elliott, and Miller. 

Decided: September 18, 2017. 

Marline Simeon, 

Clearance Clerk. 

[FR Doc. 2017–20136 Filed 9–20–17; 8:45 am] 

BILLING CODE 4915–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket No. USTR–2017–0017] 

2017 Special 301 Out-of-Cycle Review 

of Thailand: Request for Comments 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Request for comments. 

SUMMARY: The Office of the United 

States Trade Representative (USTR) is 

conducting a Special 301 Out-of-Cycle 

Review of Thailand. USTR requests 

written comments concerning any act, 

policy, or practice that is relevant to the 

decision regarding whether and how 

USTR should identify Thailand based 

on Thailand’s protection for intellectual 

property rights or market access 

Thailand provides to U.S. persons who 

rely on intellectual property protection. 

DATES:

October 20, 2017, at 11:59 p.m. 

Eastern Time: Deadline for submission 

of written comments. 

October 27, 2017, at 11:59 p.m. 

Eastern Time: Deadline for submission 

of written comments from foreign 

governments. 

ADDRESSES: You should submit written 

comments through the Federal 

eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments in 

section III below. For alternatives to online submissions, please contact USTR 

at Special301@ustr.eop.gov before 

transmitting a comment and in advance 

of the relevant deadline. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Lee, Deputy Assistant U.S. Trade 

Representative for Innovation and 

Intellectual Property, at Special301@

ustr.eop.gov or (202) 395–4510. You can 

find information about the Special 301 

Review at www.ustr.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Pursuant to Section 182 of the Trade 

Act of 1974 (19 U.S.C. 2242), USTR 

must identify countries that deny 

adequate and effective protection for 

intellectual property rights (IPR) or deny 

fair and equitable market access to U.S. 

persons who rely on intellectual 

property protection. USTR will identify 

the countries that have the most onerous 

or egregious acts, policies, or practices 

and whose acts, policies, or practices 

have the greatest adverse impact (actual 

or potential) on relevant U.S. products 

as Priority Foreign Countries. Acts, 

policies, or practices that are the basis 

of a country’s designation as a Priority 

Foreign Country normally are the 


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Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Notices 44241 

subject of an investigation under the 

Section 301 provisions of the Trade Act 

(19 U.S.C. 2411 et seq.). USTR may not 

identify a country as a Priority Foreign 

Country if that country is entering into 

good faith negotiations or making 

significant progress in bilateral or 

multilateral negotiations to provide 

adequate and effective IPR protection. In 

addition, USTR has created a ‘‘Priority 

Watch List’’ and a ‘‘Watch List’’ under 

the Special 301 provisions. Placement of 

a trading partner on the Priority Watch 

List or Watch List indicates that 

particular problems exist in that country 

with respect to IPR protection, 

enforcement, or market access for 

persons relying on intellectual property. 

Countries placed on the Priority Watch 

List are the focus of increased bilateral 

attention concerning the problem areas. 

An Out-of-Cycle Review (OCR) is a 

tool that USTR uses to encourage 

progress on IPR issues of concern. It 

provides an opportunity for heightened 

engagement with a trading partner to 

address and remedy such issues. 

Successful resolution of specific IPR 

issues of concern or lack of action on 

such issues can lead to a change in a 

trading partner’s identification on a 

Special 301 list outside of the typical 

period for the annual Special 301 

Report. USTR may conduct OCRs of 

other trading partners as circumstances 

warrant or as requested by the trading 

partner. 

In the 2017 Special 301 Report, USTR 

placed Thailand on the Priority Watch 

List but noted that the United States was 

prepared to review that status if 

Thailand continued to take positive 

steps and made substantial progress in 

addressing the concerns described in 

the Report. Thailand has requested that 

USTR conduct an OCR in light of its 

efforts to achieve substantial progress. 

II. Public Comments 

USTR invites written comments 

concerning any act, policy, or practice 

that is relevant to the decision regarding 

whether USTR should identify Thailand 

under Section 182 of the Trade Act. 

Submissions may report positive or 

negative developments with respect to 

Thailand. USTR requests that interested 

parties provide specific references to 

laws, regulations, policy statements, 

executive, presidential or other orders, 

administrative, court or other 

determinations that should factor into 

the review. USTR also requests that 

submissions include data, loss 

estimates, and other information 

regarding the economic impact on the 

United States, U.S. industry, and the 

U.S. workforce caused by the denial of 

adequate and effective intellectual 

property protection. For comments that 

include quantitative loss claims, you 

should include the methodology used to 

calculate the estimated losses. 

Comments should be as detailed as 

possible and should provide all 

necessary information for assessing the 

effect of the acts, policies, and practices, 

particularly with respect to issues 

regarding Thailand identified in the 

2017 Special 301 Report. 

III. Submission Instructions 

All submissions must be in English 

and sent electronically via 

www.regulations.gov. To submit 

comments, locate the docket (folder) by 

entering the docket number USTR– 

2017–0017 in the ‘‘SEARCH for: Rules, 

Comments, Adjudications or Supporting 

Documents’’ window at the 

regulations.gov homepage and clicking 

‘‘Search.’’ The site will provide a 

search-results page listing all documents 

associated with this docket. Locate the 

reference to this notice by selecting 

‘‘Notice’’ under ‘‘Document Type’’ on 

the left side of the search-results page, 

and clicking on the link entitled 

‘‘Comment Now!’’ You should provide 

comments in an attached document, and 

name the file according to the following 

protocol, as appropriate: Commenter 

Name, or Organization_2017 Special 

301 OCR Thailand. Please include the 

following information in the ‘‘Type 

Comment’’ field: ‘‘2017 Out-of-Cycle 

Review of Thailand.’’ USTR prefers 

submissions in Microsoft Word (.doc) or 

Adobe Acrobat (.pdf) formats. If the 

submission is in another file format, 

please indicate the name of the software 

application in the ‘‘Type Comment’’ 

field. For further information on using 

the www.regulations.gov Web site, 

please select ‘‘How to Use 

Regulations.gov’’ on the bottom of any 

page. 

Please do not attach separate cover 

letters to electronic submissions; rather, 

include any information that might 

appear in a cover letter in the comments 

themselves. Similarly, to the extent 

possible, please include any exhibits, 

annexes, or other attachments in the 

same file as the comment itself, rather 

than submitting them as separate files. 

For any comment submitted 

electronically that contains business 

confidential information, the file name 

of the business confidential version 

should begin with the characters ‘‘BC’’. 

Any page containing business 

confidential information must be clearly 

marked ‘‘BUSINESS CONFIDENTIAL’’ 

on the top of that page and the 

submission should clearly indicate, via 

brackets, highlighting, or other means, 

the specific information that is business 

confidential. A filer requesting business 

confidential treatment must certify that 

the information is business confidential 

and would not customarily be released 

to the public by the submitter. 

Additionally, the submitter should type 

‘‘Business Confidential 2017 Special 

301 OCR Thailand’’ in the ‘‘Comment’’ 

field. 

Filers of comments containing 

business confidential information also 

must submit a public version of their 

comments. The file name of the public 

version should begin with the character 

‘‘P’’. The non-business confidential 

version will be placed in the docket at 

www.regulations.gov and be available 

for public inspection. 

As noted, USTR strongly urges 

submitters to file comments through 

www.regulations.gov. You must make 

any alternative arrangements in advance 

of the relevant deadline and before 

transmitting a comment by contacting 

USTR at Special301@ustr.eop.gov. 

We will post comments in the docket 

for public inspection, except business 

confidential information. You can view 

comments on the https://

www.regulations.gov Web site by 

entering docket number USTR–2017– 

0017 in the search field on the home 

page. 

Elizabeth Kendall, 

Acting Assistant U.S. Trade Representative 

for Innovation and Intellectual Property, 

Office of the United States Trade 

Representative. 

[FR Doc. 2017–20103 Filed 9–20–17; 8:45 am] 

BILLING CODE 3290–F7–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2017–74] 

Petition for Exemption; Summary of 

Petition Received 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petition for exemption 

received. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of Federal 

Aviation Regulations. The purpose of 

this notice is to improve the public’s 

awareness of, and participation in, this 

aspect of the FAA’s regulatory activities. 

Neither publication of this notice nor 

the inclusion or omission of information 

in the summary is intended to affect the 

legal status of the petition or its final 

disposition. 


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