Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Notices 80803 

43See supra note 39. 

44NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. 

Cir. 2010) (quoting Securities Exchange Act Release 

No. 59039 (December 2, 2008), 73 FR 74770, 74782– 

83 (December 9, 2008) (SR–NYSE–2006–21)). 

45 15 U.S.C. 78s(b)(3)(A)(ii). 

46 17 CFR 240.19b–4(f)(2). 47 17 CFR 200.30–3(a)(12). 

executed volume of equities trading. 

Thus, in such a low-concentrated and 

highly competitive market, no single 

equities exchange possesses significant 

pricing power in the execution of order 

flow. Moreover, the Exchange believes 

that the ever-shifting market share 

among the exchanges from month to 

month demonstrates that market 

participants can shift order flow or 

discontinue to reduce use of certain 

categories of products, in response to 

new or different pricing structures being 

introduced into the market. 

Accordingly, competitive forces 

constrain the Exchange’s transaction 

fees and rebates, including with respect 

to executions of Added Displayed 

Volume, Added Displayed Retail 

Volume, Added Non-Displayed Volume 

and Removed Volume, and market 

participants can readily choose to send 

their orders to other exchange and offexchange venues if they deem fee levels 

at those other venues to be more 

favorable. As described above, the 

proposed changes represent a 

competitive proposal through which the 

Exchange is seeking to generate 

additional revenue with respect to its 

transaction pricing and to encourage the 

submission of additional order flow to 

the Exchange through volume-based 

tiers, which have been widely adopted 

by exchanges, including the Exchange. 

Accordingly, the Exchange believes the 

proposal would not burden, but rather 

promote, intermarket competition by 

enabling it to better compete with other 

exchanges that offer similar pricing 

incentives to market participants. 

Additionally, the Commission has 

repeatedly expressed its preference for 

competition over regulatory 

intervention in determining prices, 

products, and services in the securities 

markets. Specifically, in Regulation 

NMS, the Commission highlighted the 

importance of market forces in 

determining prices and SRO revenues 

and, also, recognized that current 

regulation of the market system ‘‘has 

been remarkably successful in 

promoting market competition in its 

broader forms that are most important to 

investors and listed companies.’’ 43 The 

fact that this market is competitive has 

also long been recognized by the courts. 

In NetCoalition v. SEC, the D.C. Circuit 

stated as follows: ‘‘[n]o one disputes 

that competition for order flow is 

‘‘fierce.’ . . . As the SEC explained, 

‘‘[i]n the U.S. national market system, 

buyers and sellers of securities, and the 

broker-dealers that act as their orderrouting agents, have a wide range of 

choices of where to route orders for 

execution’; [and] ‘no exchange can 

afford to take its market share 

percentages for granted’ because ‘no 

exchange possesses a monopoly, 

regulatory or otherwise, in the execution 

of order flow from broker 

dealers’. . . .’’.44 Accordingly, the 

Exchange does not believe its proposed 

pricing changes impose any burden on 

competition that is not necessary or 

appropriate in furtherance of the 

purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

The Exchange neither solicited nor 

received comments on the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A)(ii) of the Act 45 and Rule 

19b–4(f)(2) 46 thereunder. 

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. If the 

Commission takes such action, the 

Commission shall institute proceedings 

to determine whether the proposed rule 

change should be approved or 

disapproved. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s internet 

comment form (https://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include file number SR– 

MEMX–2023–30 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–MEMX–2023–30. This file 

number should be included on the 

subject line if email is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

internet website (https://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for website viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE, 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of the filing also 

will be available for inspection and 

copying at the principal office of the 

Exchange. Do not include personal 

identifiable information in submissions; 

you should submit only information 

that you wish to make available 

publicly. We may redact in part or 

withhold entirely from publication 

submitted material that is obscene or 

subject to copyright protection. All 

submissions should refer to file number 

SR–MEMX–2023–30 and should be 

submitted on or before December 11, 

2023. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.47

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–25549 Filed 11–17–23; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

Meeting of the Advisory Committee on 

Veterans Business Affairs 

AGENCY: Small Business Administration 

(SBA). 

ACTION: Notice of open Federal advisory 

committee meeting. 

SUMMARY: The SBA is issuing this notice 

to announce the date, time, and agenda 

for a meeting of the Advisory Committee 

on Veterans Business Affairs (ACVBA). 


ddrumheller on DSK120RN23PROD with NOTICES1
80804 Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Notices 

DATES: Thursday, December 7, 2023, 

from 9:00 a.m. to 3:00 p.m. ET. 

ADDRESSES: The meeting will be held 

virtually via Microsoft Teams. 

FOR FURTHER INFORMATION CONTACT: The 

meeting is open to the public via 

Microsoft Teams; however advance 

notice of attendance is strongly 

encouraged. To RSVP and confirm 

attendance, the general public should 

email veteransbusiness@sba.gov with 

subject line, ‘‘RSVP for December 7, 

2023, ACVBA Public Meeting.’’ To 

submit a written comment, individuals 

should email veteransbusiness@sba.gov 

with subject line, ‘‘Response for 

December 7, 2023, ACVBA Public 

Meeting’’ no later than December 1, 

2023, or contact Timothy Green, Acting 

Associate Administrator, Office of 

Veterans Business Development (OVBD) 

at (202) 205–6773. Comments received 

in advanced will be addressed as time 

allows during the public comment 

period. All other submitted comments 

will be included in the meeting record. 

During the live meeting, those who wish 

to comment will be able to do so during 

the public comment period. 

Participants can join the meeting via 

computer https://bit.ly/ACVBA-Dec23 

or by phone. Call in (audio only): Dial: 

+1 206–413–7980: Phone Conference 

905 930 636#. 

All applicable documents will be 

posted on the ACVBA website prior to 

the meeting: https://www.sba.gov/aboutsba/sba-locations/headquarters-offices/ 

office-veterans-businessdevelopment#sba-card-collection-- 

heading-7381. For more information on 

veteran-owned small business programs, 

please visit www.sba.gov/ovbd. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 10(a)(2) of the Federal 

Advisory Committee Act (5 U.S.C., 

appendix 2), SBA announces the 

meeting of the Advisory Committee on 

Veterans Business Affairs. The ACVBA 

is established pursuant to 15 U.S.C. 

657(b) note and serves as an 

independent source of advice and 

policy. The purpose of this meeting is 

to discuss efforts that support veteranowned small businesses, updates on 

past and current events, and the 

ACVBA’s objectives for fiscal year 2024. 

Dated: November 9, 2023. 

Andrienne Johnson, 

Committee Manager Officer. 

[FR Doc. 2023–25540 Filed 11–17–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF STATE 

[Public Notice: 12265] 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of State. 

ACTION: Notice of a modified system of 

records. 

SUMMARY: This system of records 

comprises information gathered in 

connection with the Department’s role 

in providing consular assistance to U.S. 

citizens overseas, and its role as the 

United States Central Authority under 

the Hague Adoption and Abduction 

Conventions. 

DATES: In accordance with 5 U.S.C. 

552a(e)(4) and (11), this system of 

records notice is effective upon 

publication, with the exception of 

routine uses E, F, G, K, M, N, O, P, R, 

S, U, V, W, X, Y, Z, AA, CC, DD, EE, 

FF, GG, HH, II, JJ, KK, LL, MM, and NN 

that are subject to a 30-day period 

during which interested persons may 

submit comments to the Department. 

Please submit any comments by 

December 20, 2023. 

ADDRESSES: Questions can be submitted 

by mail, email, or by calling Eric F. 

Stein, the Senior Agency Official for 

Privacy, on (202) 485–2051. If by mail, 

please write to: U.S. Department of 

State; Office of Global Information 

Systems, A/GIS; 2201 C St. NW, Room 

4534; Washington, DC 20520. If email, 

please address the email to the Senior 

Agency Official for Privacy, Eric F. 

Stein, at Privacy@state.gov. Please write 

‘‘Overseas Citizens Services Records 

and Other Overseas Records, State-05’’ 

on the envelope or the subject line of 

your email. 

FOR FURTHER INFORMATION CONTACT: Eric 

F. Stein, Senior Agency Official for 

Privacy; U.S. Department of State; Office 

of Global Information Services, A/GIS; 

2201 C St., Room 4534 NW; 

Washington, DC 20520 or by calling 

(202) 485–2051. 

SUPPLEMENTARY INFORMATION: The 

modified system of records notice 

includes revisions and additions to the 

following sections: Authority for 

Maintenance of the System; Purpose(s) 

of the System; Categories of Individuals 

Covered by the System; Categories of 

Records in the System; Record Source 

Categories; Routine Uses; Policies and 

Practices for Storage of Records; Policies 

and Practices for Retention and Disposal 

of Records; Administrative, Technical, 

and Physical Safeguards. In addition, 

this notice makes administrative 

updates to the following sections: 

Record Access Procedures, Contesting 

Record Procedures, Notification 

Procedures, and History. This notice is 

being modified to reflect the 

Department’s move to cloud storage, 

new OMB guidance, updated contact 

information, new routine uses 

compatible with the provision of 

consular assistance, additional cited 

authorities, and a notice publication 

history. 

System Name and Number: Overseas 

Citizens Services Records and Other 

Overseas Records, State-05. 

Security Classification: Unclassified 

and Classified. 

System Location: Department of State, 

Bureau of Consular Affairs, Overseas 

Citizens Services, SA–17, 10th Floor, 

Washington, DC 20522–1710 and 

overseas at U.S. embassies, U.S. 

consulates general, U.S. consulates, and 

U.S. consular agencies. Records may 

also be located within a government 

cloud provided, implemented, and 

overseen by the Department’s Enterprise 

Server Operations Center (ESOC) 2201 C 

Street NW, Washington, DC 20520. 

System Manager(s): Deputy Assistant 

Secretary for Overseas Citizens Services; 

SA–17, 10th Floor, Washington, DC 

20522–1710 at (202) 485–6044. At 

overseas locations, the onsite system 

manager is the Chief of the Consular 

Section or another Department of State 

employee with responsibility for 

consular services as provided by the 

post in question. 

Authority for Maintenance of the 

System: 

(a) 8 U.S.C. 1104 (Powers and Duties 

of the Secretary of State); 

(b) 22 U.S.C. 2656 (Management of 

foreign affairs); 

(c) 22 U.S.C. 3904 (Functions of the 

Foreign Service, including protection of 

U.S. citizens in foreign countries 

pursuant to the Vienna Convention on 

Consular Relations and providing 

assistance to other agencies); 

(d) 22 U.S.C. 211a et seq. (Passport 

application and issuance); 

(e) 22 U.S.C. 2705 (Documentation of 

citizenship); 

(f) 8 U.S.C. 1501–1504 (Adjudication 

of possible loss of nationality and 

cancellation of U.S. passports and 

CRBAs); 

(g) 22 U.S.C. 1731 (Protection of 

naturalized U.S. citizens in foreign 

countries); 

(h) 22 U.S.C. 1732 (Release of citizens 

imprisoned by foreign governments); 

(i) 22 U.S.C. 2671(b)(2)(A)–(B) and (d) 

(Evacuation assistance and repatriation 

loans for destitute U.S. citizens abroad); 

(j) 22 U.S.C. 2670(j) (Provision of 

emergency medical, dietary and other 

assistance); 

(k) 22 U.S.C. 4802 (Overseas 

evacuations); 


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