Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Notices 82495 

90The SECURE Act was enacted as Division O of 

the Further Consolidated Appropriations Act, 2020, 

Public Law 116–94 (2019). 

91See Department of Labor, ‘‘Pension Benefit 

Statements—Lifetime Income Illustrations,’’ 85 FR 

59132 (September 18, 2020). 

92See, e.g., Regulatory Notice 12–02 (January 

2012). 93 17 CFR 200.30–3(a)(12). 

placement communications that include 

projections of performance or targeted 

returns will be required to retain records 

related to their activities in this area as 

required by Exchange Act Rules 17a–3 

and 17a–4. FINRA does not believe that 

the proposed rule change should 

address discovery rules used in 

arbitration, as they are beyond its scope. 

FINRA notes that, subsequent to the 

publication of the Notice, Congress 

passed the Setting Every Community Up 

for Retirement Enhancement Act of 

2019 (‘‘SECURE Act’’).90 Among other 

things, the SECURE Act amended the 

Employee Retirement Income Security 

Act (‘‘ERISA’’) to require an annual 

lifetime income disclosure in statements 

sent to participants in benefit plans 

governed by ERISA. Pursuant to the 

SECURE Act, the DOL adopted an 

interim final rule that specifies the 

requirements for such lifetime income 

stream disclosures.91 The proposed 

amendments to Rule 2210 would not 

impact members that are required to 

provide such disclosures in plan benefit 

statements. In this regard, FINRA 

historically has interpreted Rule 2210’s 

filing and content standards as not 

applying to communications that are 

required by other regulatory agencies, 

including communications required by 

DOL rules.92

Credit Suisse requested a number of 

new rules and guidance addressing the 

use of performance information in 

communications, including: (1) 

allowing institutional communications 

to show both actual and related 

performance on a gross basis; (2) 

clarifying that targeted returns 

contained in fund promotional material 

are not projections of performance, or 

permit the use of targeted returns in 

institutional communications; (3) 

confirming that estimated returns about 

underlying fund investments are not 

subject to the prohibitions on 

projections of performance; and (4) 

clarifying that model returns and backtested performance can provide a 

reasonable basis for projected 

performance and targeted returns in 

institutional communications. Fidelity 

urged FINRA to focus on harmonizing 

its rules governing related performance 

with SEC staff interpretations under the 

Advisers Act, and to focus on 

principles-based disclosure solutions 

across all forms of communications, 

including social media and mobile 

devices. 

While FINRA appreciates these 

suggestions, it believes that some of 

these recommendations (such as those 

concerning related or back-tested 

performance) extend beyond the scope 

of the proposal’s intent, and thus are not 

germane to this proposed rule filing. 

FINRA believes that it has addressed the 

other comments, such as those 

concerning targeted returns. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within 45 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the self-regulatory 

organization consents, the Commission 

will: 

(A) by order approve or disapprove 

such proposed rule change, or 

(B) institute proceedings to determine 

whether the proposed rule change 

should be 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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

FINRA–2023–016 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–FINRA–2023–016. 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 (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 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 such filing 

also will be available for inspection and 

copying at the principal office of 

FINRA. 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–FINRA–2023–016 and 

should be submitted on or before 

December 15, 2023. 

For the Commission, by the Division 

of Trading and Markets, pursuant to 

delegated authority.93

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2023–25881 Filed 11–22–23; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice: 12269] 

U.S. Advisory Commission on Public 

Diplomacy; Meeting 

ACTION: Notice of meeting. 

SUMMARY: The U.S. Advisory 

Commission on Public Diplomacy 

(ACPD) will hold an in-person public 

meeting with online (Zoom) access. The 

meeting will focus on the integration of 

diversity, equity, inclusion, and 

accessibility (DEIA) principles into U.S. 

government public diplomacy 

programming abroad, based on a 

forthcoming ACPD special report titled 

‘‘Public Diplomacy and DEIA 

Promotion: Telling America’s Story to 

the World.’’ A panel of experts will 

discuss the opportunities and 

challenges associated with engaging 

global audiences on these important 

issues. This meeting is open to the 

public, including the media and 

members and staff of governmental and 

non-governmental organizations. 

DATES: Tuesday, December 12, 2023, 12 

p.m. until 1:15 p.m. 


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82496 Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Notices 

ADDRESSES: The event will take place at 

the U.S.C. Annenberg Center on 

Communication Leadership and Policy, 

University of Southern California, 1771 

N St. NW, Washington, DC 20036. 

To register for the event, please go to 

https://iipstate.my.site.com/

CRMEventRegistration/s/registrationpage?event=JtfG7kPP_m2ijMppK2bGeUs

BccisxjOvvk_71TntFbk_. 

Doors will open at 11:30 a.m. 

FOR FURTHER INFORMATION CONTACT: To 

request reasonable accommodation, 

please email ACPD Program Assistant 

Kristy Zamary at ZamaryKK@state.gov; 

phone at 202–351–9284. Please send 

any request for reasonable 

accommodation no later than Tuesday, 

November 28, 2023. Requests received 

after that date will be considered but 

might not be possible to fulfill. 

SUPPLEMENTARY INFORMATION: Since 

1948, the ACPD has been charged with 

appraising activities intended to 

understand, inform, and influence 

foreign publics and to increase the 

understanding of, and support for, these 

same activities. The ACPD conducts 

research that provides honest 

assessments of public diplomacy efforts, 

and disseminates findings through 

reports, white papers, and other 

publications. It also holds public 

symposiums that generate informed 

discussions on public diplomacy issues 

and events. The Commission reports to 

the President, Secretary of State, and 

Congress and is supported by the Office 

of the Under Secretary of State for 

Public Diplomacy and Public Affairs. 

For more information on the U.S. 

Advisory Commission on Public 

Diplomacy, please visit https://

www.state.gov/bureaus-offices/undersecretary-for-public-diplomacy-andpublic-affairs/united-states-advisorycommission-on-public-diplomacy, or 

contact Executive Director Vivian S. 

Walker at WalkerVScommat;state.gov or 

Senior Advisor Jeff Ridenour at 

RidenourJM@state.gov. 

(Authority: 22 U.S.C. 2651a, 22 U.S.C. 1469, 

5 U.S.C. 1001 et seq., and 41 CFR 102–3.150) 

Jeffrey M. Ridenour, 

Senior Advisor, U.S. Advisory Commission 

on Public Diplomacy, Department of State. 

[FR Doc. 2023–25909 Filed 11–22–23; 8:45 am] 

BILLING CODE 4710–45–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket: FAA–2023–2249] 

Notice of Availability; Adoption of the 

United States Air Force’s Final 

Environmental Impact Statement— 

Airspace Optimization for Readiness at 

Mountain Home Air Force Base, Idaho, 

and the Record of Decision for Federal 

Aviation Administration Actions 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation. 

ACTION: Notice of availability (NOA) for 

the adoption of the United States Air 

Force (USAF) final environmental 

impact statement (FEIS) and FAA’s 

record of decision (ROD). 

SUMMARY: The FAA announces its 

decision to adopt the USAF FEIS— 

Airspace Optimization for Readiness at 

Mountain Home Air Force Base 

(MHAFB), Mountain Home, Idaho. 

Based on its independent review and 

evaluation of the FEIS and supporting 

documents, the FAA is adopting the 

FEIS and issuing a ROD for the 

modification of special use airspace 

(SUA) at the Mountain Home Range 

Complex (MHRC). 

FOR FURTHER INFORMATION CONTACT: 

Lonnie Covalt, Operations Support 

Group, Western Service Center, 2200 

216th Street, Des Moines, WA 98198; 

telephone (206) 231–3998. 

SUPPLEMENTARY INFORMATION: 

Background 

As described in the FEIS, the 

Proposed Action consists of USAF 

military flight training operations at low 

altitudes in the Paradise North Military 

Operations Area (MOA), Paradise South 

MOA, Owyhee South MOA, and 

Jarbidge South MOA. USAF would 

conduct supersonic operations at lower 

altitudes within the same four MOAs. 

To accommodate the Proposed Action, 

the FAA would modify SUA to ensure 

safe operations continue within the 

National Airspace System and allow for 

optimized airspace at the MHRC. 

The MHRC and the SUA associated 

with MHAFB provide airspace for 

combat air power and combat support 

training to U.S. forces—and its allies— 

and support unit-level and larger force 

combat skills training. In addition, 

mission activities such as search and 

rescue training, survival training, 

convoy escort training, and groundbased air defense radio detection and 

ranging (radar) threat simulation occur 

on the land areas of the MHRC. The 

airspace and ranges primarily support 

Idaho-based units from MHAFB Air 

National Guard units from Gowen Field 

in Boise, Idaho, in addition to other 

USAF and Department of Defense 

(DoD)-approved users. The MHRC SUA 

consists of six MOAs and two Restricted 

Areas (RA) with associated ranges for 

inert weapons use. The airspace overlies 

portions of Idaho, Nevada, and Oregon. 

The Draft Environmental Impact 

Statement (DEIS) underwent a 109-day 

public comment period from July 9, 

2021, to October 25, 2021, and there 

were 2,894 comment letters (not 

including duplicate submittals) 

submitted during the public comment 

period via mail, email, written at public 

hearings, verbal at public hearings, and 

the public website. A summary of the 

DEIS public involvement, agency 

coordination, and tribal consultation is 

contained in the FEIS. The FAA 

circularized the aeronautical proposal. 

The FEIS was made available to the 

public for 30 days on March 3, 2023, 

through a NOA in the Federal Register 

(88 FR 13443). The USAF issued their 

ROD on July 14, 2023, and a NOA of 

USAF’s ROD was published in the 

Federal Register on August 2, 2023 (88 

FR 50849). 

Implementation 

After evaluating the aeronautical 

study and the FEIS, the FAA has issued 

a ROD for the requested SUA. The 

Proposed Action consists of changes to 

lower the altitude of the floors within 

the MHAFB Military Operations Areas 

(MOA) of Paradise North MOA, Paradise 

South MOA, Owyhee South MOA, and 

Jarbidge South MOA. The designated 

altitudes are at 100 feet (ft) above 

ground level (AGL) up to 17,999 ft mean 

sea level (MSL). The times of use are 

between 0730–2200 mountain time, 

Monday through Friday; other times by 

Notice of Air Missions (NOTAM) 

expected use is estimated to be 260 days 

per year, 12 hours per day. The legal 

descriptions for the modified MOAs 

will be published in the National Flight 

Data Digest. 

In accordance with Section 102 of the 

National Environmental Policy Act of 

1969 (NEPA), the Council on 

Environmental Quality’s (CEQ) 

regulations for implementing NEPA (40 

CFR parts 1500–1508), and other 

applicable authorities (including FAA 

Order 1050.1F, Environmental Impacts: 

Policies and Procedures, paragraph 8–2, 

and FAA Order JO 7400.2P, Procedures 

for Handling Airspace Matters, 

paragraph 32–2–3), the FAA has 

conducted an independent review and 

evaluation of the USAF FEIS. As a 

cooperating agency with responsibility 

for approving SUA under 49 U.S.C. 


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