Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices 84033 

15The OCC publishes options and futures volume 

in a variety of formats, including daily and monthly 

volume by exchange, available here: https://

www.theocc.com/Market-Data/Market-DataReports/Volume-and-Open-Interest/MonthlyWeekly-Volume-Statistics. 

16Based on a compilation of OCC data for 

monthly volume of equity-based options and 

monthly volume of equity-based ETF options, see 

id., the Exchange’s market share in equity-based 

options increased from 10.84% for the month of 

September 2022 to 11.48% for the month of 

September 2023. 

17See note 11, supra. 

18 15 U.S.C. 78s(b)(3)(A). 

19 17 CFR 240.19b–4(f)(2). 

20 15 U.S.C. 78s(b)(2)(B). 21 17 CFR 200.30–3(a)(12). 

fees to remain competitive with other 

exchanges and to attract order flow to 

the Exchange. Based on publiclyavailable information, and excluding 

index-based options, no single exchange 

has more than 16% of the market share 

of executed volume of multiply-listed 

equity and ETF options trades.15

Therefore, currently no exchange 

possesses significant pricing power in 

the execution of multiply-listed equity 

and ETF options order flow. More 

specifically, in September 2023, the 

Exchange had less than 12% market 

share of executed volume of multiplylisted equity and ETF options trades.16

The Exchange believes that the 

proposed change reflects this 

competitive environment because it 

modifies the Exchange’s fees in a 

manner designed to continue to incent 

OTP Holders to direct trading interest 

(particularly Firm and Broker Dealer 

Manual and QCC transactions) to the 

Exchange, to provide liquidity and to 

attract order flow. To the extent that 

Firms and Broker Dealers are 

incentivized to utilize the Exchange as 

a primary trading venue for all 

transactions, all the Exchange’s market 

participants should benefit from the 

improved market quality and increased 

trading opportunities. 

The Exchange further believes that the 

proposed change could promote 

competition between the Exchange and 

other execution venues, including those 

that do not offer a cap on Firm and 

Broker Dealer fees,17 by encouraging 

additional orders to be sent to the 

Exchange for execution. In such an 

environment, the Exchange must 

continually review, and consider 

adjusting, its fees and credits to remain 

competitive with other exchanges. 

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 foregoing rule change is effective 

upon filing pursuant to Section 

19(b)(3)(A) 18 of the Act and 

subparagraph (f)(2) of Rule 19b–4 19

thereunder, because it establishes a due, 

fee, or other charge imposed by the 

Exchange. 

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) 20 of the Act 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– 

NYSEARCA–2023–80 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–NYSEARCA–2023–80. 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–NYSEARCA–2023–80 and should be 

submitted on or before December 22, 

2023. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.21

Christina Z. Milnor, 

Assistant Secretary. 

[FR Doc. 2023–26384 Filed 11–30–23; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice: 12272] 

Notice of Determinations; Culturally 

Significant Object Being Imported for 

Exhibition—Determinations: ‘‘Wolf 

Vostell: De ́-coll/age Is Your Life’’ 

Exhibition 

SUMMARY: Notice is hereby given of the 

following determinations: I hereby 

determine that a certain object being 

imported from abroad pursuant to an 

agreement with its foreign owner or 

custodian for temporary display in the 

exhibition ‘‘Wolf Vostell: De ́-coll/age Is 

Your Life’’ at the Harvard Art Museums, 

Cambridge, Massachusetts, and at 

possible additional exhibitions or 

venues yet to be determined, is of 

cultural significance, and, further, that 

its temporary exhibition or display 

within the United States as 

aforementioned is in the national 

interest. I have ordered that Public 

Notice of these determinations be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Reed Liriano, Program Coordinator, 

Office of the Legal Adviser, U.S. 

Department of State (telephone: 202– 

632–6471; email: 


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84034 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices 

1Mass Coastal states that the Bay Colony lease 

was previously with the prior owner of the real 

property, CSX Transportation, Inc. See Bay Colony 

R.R.—Acquis. & Operation Exemption—CSX 

Transp., as Operator for N.Y. Cent. Lines, LLC, FD 

34446 (STB served Jan. 16, 2004). Mass Coastal also 

states that the real property was acquired, and the 

lease assumed, by MassDOT in 2009. See Mass. 

Dept. of Transp.—Acquis. Exemption—Certain 

Assets of CSX Transp., FD 35312 (STB served Dec. 

10, 2009). 

section2459@state.gov). The mailing 

address is U.S. Department of State, L/ 

PD, 2200 C Street NW (SA–5), Suite 

5H03, Washington, DC 20522–0505. 

SUPPLEMENTARY INFORMATION: The 

foregoing determinations were made 

pursuant to the authority vested in me 

by the Act of October 19, 1965 (79 Stat. 

985; 22 U.S.C. 2459), Executive Order 

12047 of March 27, 1978, the Foreign 

Affairs Reform and Restructuring Act of 

1998 (112 Stat. 2681, et seq.; 22 U.S.C. 

6501 note, et seq.), Delegation of 

Authority No. 234 of October 1, 1999, 

Delegation of Authority No. 236–3 of 

August 28, 2000, and Delegation of 

Authority No. 523 of December 22, 

2021. 

Nicole L. Elkon, 

Deputy Assistant Secretary for Professional 

and Cultural Exchanges, Bureau of 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. 2023–26418 Filed 11–30–23; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice: 12275] 

Notice of Determinations; Culturally 

Significant Object Being Imported for 

Exhibition—Determinations: 

‘‘Bethlehem Reborn: The Wonders of 

the Church of the Nativity’’ Exhibition 

SUMMARY: Notice is hereby given of the 

following determinations: I hereby 

determine that a certain object being 

imported from abroad pursuant to an 

agreement with its foreign owner or 

custodian for temporary display in the 

exhibition ‘‘Bethlehem Reborn: The 

Wonders of the Church of the Nativity’’ 

at the Museum of the Bible, 

Washington, District of Columbia, and 

at possible additional exhibitions or 

venues yet to be determined, is of 

cultural significance, and, further, that 

its temporary exhibition or display 

within the United States as 

aforementioned is in the national 

interest. I have ordered that Public 

Notice of these determinations be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Reed Liriano, Program Coordinator, 

Office of the Legal Adviser, U.S. 

Department of State (telephone: 202– 

632–6471; email: section2459@

state.gov). The mailing address is U.S. 

Department of State, L/PD, 2200 C Street 

NW (SA–5), Suite 5H03, Washington, 

DC 20522–0505. 

SUPPLEMENTARY INFORMATION: The 

foregoing determinations were made 

pursuant to the authority vested in me 

by the Act of October 19, 1965 (79 Stat. 

985; 22 U.S.C. 2459), Executive Order 

12047 of March 27, 1978, the Foreign 

Affairs Reform and Restructuring Act of 

1998 (112 Stat. 2681, et seq.; 22 U.S.C. 

6501 note, et seq.), Delegation of 

Authority No. 234 of October 1, 1999, 

Delegation of Authority No. 236–3 of 

August 28, 2000, and Delegation of 

Authority No. 523 of December 22, 

2021. 

Nicole L. Elkon, 

Deputy Assistant Secretary for Professional 

and Cultural Exchanges, Bureau of 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. 2023–26419 Filed 11–30–23; 8:45 am] 

BILLING CODE 4710–05–P 

SURFACE TRANSPORTATION BOARD 

[Docket No. FD 36739] 

Massachusetts Coastal Railroad, 

LLC—Acquisition and Operation 

Exemption—Bay Colony Railroad 

Corporation 

Massachusetts Coastal Railroad, LLC 

(Mass Coastal), a Class III rail carrier, 

has filed a verified notice of exemption 

under 49 CFR 1150.41 to acquire from 

Bay Colony Railroad Corporation (Bay 

Colony) and to operate approximately 

5.92 miles of rail line between milepost 

QND 0.08 and milepost QND 6.00 in 

Bristol County, Mass. (the Line). 

According to the verified notice, Bay 

Colony is the current operator of the 

Line. 

The verified notice states that Mass 

Coastal has entered into an agreement 

with Bay Colony to acquire the assets 

comprising the Line and will assume, 

via assignment, the lease for the 

underlying real property, which is 

owned by Massachusetts Department of 

Transportation (MassDOT).1 Mass 

Coastal currently has authority to 

operate the lines connected to both ends 

of the Line. 

Mass Coastal certifies that the 

proposed acquisition of the Line does 

not involve any interchange 

commitments. Mass Coastal further 

certifies that its projected revenues as a 

result of this transaction will not exceed 

those that would qualify it as a Class III 

carrier and that its projected annual 

revenue will not exceed $5 million. 

The transaction may be consummated 

on or after December 16, 2023, the 

effective date of the exemption (30 days 

after the verified notice was filed). 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Petitions for stay must 

be filed no later than December 8, 2023. 

All pleadings, referring to Docket No. 

FD 36739, must be filed with the 

Surface Transportation Board either via 

e-filing on the Board’s website or in 

writing addressed to 395 E Street SW, 

Washington, DC 20423–0001. In 

addition, one copy of each pleading 

must be served on Mass Coastal’s 

representative, Eric M. Hocky, Clark Hill 

PLC, Two Commerce Square, 2001 

Market St., Suite 2620, Philadelphia, PA 

19103. 

According to Mass Coastal, this action 

is categorically excluded from 

environmental review under 49 CFR 

1105.6(c) and from historic reporting 

requirements under 49 CFR 1105.8(b). 

Board decisions and notices are 

available at www.stb.gov. 

Decided: November 28, 2023. 

By the Board, Scott M. Zimmerman, Acting 

Director, Office of Proceedings. 

Stefan Rice, 

Clearance Clerk. 

[FR Doc. 2023–26453 Filed 11–30–23; 8:45 am] 

BILLING CODE 4915–01–P 

TENNESSEE VALLEY AUTHORITY 

Meeting of the Regional Energy 

Resource Council 

AGENCY: Tennessee Valley Authority 

(TVA). 

ACTION: Notice of meeting. 

SUMMARY: The TVA Regional Energy 

Resource Council (RERC) will hold a 

meeting on December 12, 2023, 

regarding regional energy related issues 

in the Tennessee Valley. 

DATES: The meeting will be held 

virtually, on Tuesday, December 12, 

2023, from 2 p.m. to 3:30 p.m. EST. To 

view the webinar, the public must visit 

https://events.gcc.teams.microsoft.com/ 

event/55132b7c-a2dc-45ed-ae3b4bc87b3344d2@270992cd-9003-4971- 

84de-d1640c0bffc5 to register for the 

webinar. This link and instructions to 

view the meeting will be posted on 

TVA’s RERC website at www.tva.gov/ 

rerc. 


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