982 Federal Register / Vol. 89, No. 5 / Monday, January 8, 2024 / Notices 

10See paragraph 1(b) of the proposed 17d–2 Plan 

(defining Common Rules). See also paragraph 1(f) 

of the proposed 17d–2 Plan (defining Regulatory 

Responsibilities). Paragraph 2 of the Plan provides 

that annually, or more frequently as required by 

changes in either PHLX rules or FINRA rules, the 

parties shall review and update, if necessary, the 

list of Common Rules. 

11See paragraph 5 of the proposed 17d–2 Plan. 

12See paragraph 2 of the proposed 17d–2 Plan. 

13 15 U.S.C. 78q(d). 

14 17 CFR 240.17d–2(c). 15See paragraph 2 of the Plan. 

16The Commission also notes that the addition to 

or deletion from the Certification of any federal 

securities laws, rules, and regulations for which 

FINRA would bear responsibility under the Plan for 

examining, and enforcing compliance by, common 

members, also would constitute an amendment to 

the Plan. 

17 17 CFR 200.30–3(a)(34). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

compliance by Dual Members with the 

rules of PHLX that are substantially 

similar to the applicable rules of 

FINRA,10 as well as any provisions of 

the federal securities laws and the rules 

and regulations thereunder delineated 

in the Certification (‘‘Common Rules’’). 

In the event that a Dual Member is the 

subject of an investigation relating to a 

transaction on PHLX, the plan 

acknowledges that PHLX may, in its 

discretion, exercise concurrent 

jurisdiction and responsibility for such 

matter.11

Under the Plan, PHLX would retain 

full responsibility for surveillance, 

examination, investigation and 

enforcement with respect to trading 

activities or practices involving PHLX’s 

own marketplace, including, without 

limitation, registration pursuant to its 

applicable rules of associated persons 

(i.e., registration rules that are not 

Common Rules); its duties as a DEA 

pursuant to Rule 17d–1 under the Act; 

and any PHLX rules that are not 

Common Rules.12

III. Discussion 

The Commission finds that the 

proposed Plan is consistent with the 

factors set forth in Section 17(d) of the 

Act 13 and Rule 17d–2(c) thereunder 14

in that the proposed Plan is necessary 

or appropriate in the public interest and 

for the protection of investors, fosters 

cooperation and coordination among 

SROs, and removes impediments to and 

fosters the development of the national 

market system. In particular, the 

Commission believes that the proposed 

Plan should reduce unnecessary 

regulatory duplication by allocating to 

FINRA certain examination and 

enforcement responsibilities for 

common members that would otherwise 

be performed by PHLX and FINRA. 

Accordingly, the proposed Plan 

promotes efficiency by reducing costs to 

common members. Furthermore, 

because PHLX and FINRA will 

coordinate their regulatory functions in 

accordance with the Plan, the Plan 

should promote investor protection. 

The Commission notes that, under the 

Plan, PHLX and FINRA have allocated 

regulatory responsibility for those PHLX 

rules, set forth in the Certification, that 

are substantially similar to the 

applicable FINRA rules in that 

examination for compliance with such 

provisions and rules would not require 

FINRA to develop one or more new 

examination standards, modules, 

procedures, or criteria in order to 

analyze the application of the rule, or a 

common member’s activity, conduct, or 

output in relation to such rule. In 

addition, under the Plan, FINRA would 

assume regulatory responsibility for 

certain provisions of the federal 

securities laws and the rules and 

regulations thereunder that are set forth 

in the Certification. The Common Rules 

covered by the Plan are specifically 

listed in the Certification, as may be 

amended by the Parties from time to 

time. 

According to the Plan, PHLX will 

review the Certification, at least 

annually, or more frequently if required 

by changes in either the rules of PHLX 

or FINRA, and, if necessary, submit to 

FINRA an updated list of Common 

Rules to add PHLX rules not included 

on the then-current list of Common 

Rules that are substantially similar to 

FINRA rules; delete PHLX rules 

included in the then-current list of 

Common Rules that are no longer 

substantially similar to FINRA rules; 

and confirm that the remaining rules on 

the list of Common Rules continue to be 

PHLX rules that are substantially similar 

to FINRA rules.15 FINRA will then 

confirm in writing whether the rules 

listed in any updated list are Common 

Rules as defined in the Plan. The 

Commission believes that these 

provisions are designed to provide for 

continuing communication between the 

Parties to ensure the continued accuracy 

of the scope of the proposed allocation 

of regulatory responsibility. 

The Commission is hereby declaring 

effective a Plan that, among other 

things, allocates regulatory 

responsibility to FINRA for the 

oversight and enforcement of all PHLX 

rules that are substantially similar to the 

rules of FINRA for common members of 

PHLX and FINRA. Therefore, 

modifications to the Certification need 

not be filed with the Commission as an 

amendment to the Plan, provided that 

the Parties are only adding to, deleting 

from, or confirming changes to PHLX 

rules in the Certification in conformance 

with the definition of Common Rules 

provided in the Plan. However, should 

the Parties decide to add a PHLX rule 

to the Certification that is not 

substantially similar to a FINRA rule; 

delete a PHLX rule from the 

Certification that is substantially similar 

to a FINRA rule; or leave on the 

Certification a PHLX rule that is no 

longer substantially similar to a FINRA 

rule, then such a change would 

constitute an amendment to the Plan, 

which must be filed with the 

Commission pursuant to Rule 17d–2 

under the Act.16

IV. Conclusion 

This Order gives effect to the Plan 

filed with the Commission in File No. 

4–818. The Parties shall notify all 

members affected by the Plan of their 

rights and obligations under the Plan. 

It is therefore ordered, pursuant to 

Section 17(d) of the Act, that the Plan 

in File No. 4–818, between FINRA and 

PHLX, filed pursuant to Rule 17d–2 

under the Act, is approved and declared 

effective. 

It is further ordered that PHLX is 

relieved of those responsibilities 

allocated to FINRA under the Plan in 

File No. 4–818. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.17

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–00081 Filed 1–5–24; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99265; File No. SR–MEMX– 

2023–40] 

Self-Regulatory Organizations; MEMX 

LLC; Notice of Withdrawal of Proposed 

Rule Change To Establish Fees for 

Industry Members Related to Certain 

Historical Costs of the National Market 

System Plan Governing the 

Consolidated Audit Trail 

January 2, 2024. 

On December 26, 2023, MEMX LLC 

(the ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(the ‘‘Commission’’), pursuant to 

Section 19(b)(1) of the Securities 

Exchange Act of 1934 (‘‘Act’’) 1 and Rule 

19b–4 thereunder,2 a proposed rule 

change to establish fees for industry 

members related to certain historical 

costs of the National Market System 

plan governing the Consolidated Audit 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 5 / Monday, January 8, 2024 / Notices 983 

3See Securities Exchange Act Release No. 99257 

(Dec. 29, 2023). 

4 17 CFR 200.30–3(a)(12). 

Trail. The proposed rule change was 

noticed for comment on December 29, 

2023.3 On January 2, 2024, the Exchange 

withdrew the proposed rule change. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.4

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–00082 Filed 1–5–24; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice: 12300] 

Notice of Determinations; Culturally 

Significant Objects Being Imported for 

Exhibition—Determinations: ‘‘Klimt 

Landscapes’’ Exhibition 

SUMMARY: Notice is hereby given of the 

following determinations: I hereby 

determine that certain objects being 

imported from abroad pursuant to 

agreements with their foreign owners or 

custodians for temporary display in the 

exhibition ‘‘Klimt Landscapes’’ at the 

Neue Galerie New York, in New York, 

New York, and at possible additional 

exhibitions or venues yet to be 

determined, are of cultural significance, 

and, further, that their 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. 2024–00101 Filed 1–5–24; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice: 12293] 

Notice of Public Meeting in Preparation 

for International Maritime Organization 

Tenth Session of the Sub-Committee 

on Ship Design and Construction 

(SDC) Meeting 

The Department of State will conduct 

a public meeting at 1 p.m. on 

Wednesday, January 17, 2024, both inperson at Coast Guard Headquarters in 

Washington, DC, and via teleconference. 

The primary purpose of the meeting is 

to prepare for the 10th session of the 

International Maritime Organization’s 

(IMO) Sub-committee on Ship Design 

and Construction (SDC) to be held at 

IMO Headquarters in London, United 

Kingdom from Monday, January 22 to 

Friday, January 26, 2024. 

Members of the public may 

participate up to the capacity of the 

teleconference phone line, which can 

handle 500 participants or up to the 

seating capacity of the room if attending 

in person. The meeting location will be 

the United States Coast Guard 

Headquarters, and the teleconference 

line will be provided to those who 

RSVP. To RSVP, participants should 

contact the meeting coordinator, LCDR 

Bryan Andrews, by email at 

bryan.j.andrews@uscg.mil. LCDR 

Andrews will provide access 

information for in-person and virtual 

attendance. 

The agenda items to be considered at 

SDC 10 include: 

—Adoption of the agenda 

—Decisions of other IMO bodies 

—Development of Guidelines for 

emergency towing arrangements for 

ships other than tankers (2.20) 

—Further development of the IP Code 

and associated guidance (2.4) 

—Review of the 2014 Guidelines for the 

reduction of underwater noise from 

commercial shipping to address 

adverse impacts on marine life 

(MEPC.1/Circ.833) (2014 Guidelines) 

and identification of next steps (1.16) 

—Amendments to the 2011 ESP Code 

(6.22) 

—Safety objectives and functional 

requirements of the Guidelines on 

alternative design and arrangements 

for SOLAS chapter II–1 (2.5) 

—Revision of SOLAS chapters II–1 (part 

C) and V, and related instruments 

regarding steering and propulsion 

requirements, to address both 

traditional and non-traditional 

propulsion and steering systems 

—Amendments to the Guidelines for 

construction, installation, 

maintenance and inspection/survey of 

means of embarkation and 

disembarkation (MSC.1/Circ.1331) 

concerning the rigging of safety 

netting on accommodation ladders 

and gangways 

—Unified interpretation of provisions of 

IMO safety, security, and 

environment-related conventions (7.1) 

—Amendment to regulation 25 of the of 

the 1988 Load Line Protocol regarding 

the requirement for setting of guard 

rails on the deck structure 

—Guidelines for use of fibre-reinforced 

plastics (FRP) within ship structures 

—Revision of the Interim explanatory 

notes for the assessment of passenger 

ship systems’ capabilities after a fire 

or flooding casualty (MSC.1/ 

Circ.1369) and related circulars (7.42) 

—Biennial status report and provisional 

agenda for SDC 11 

—Any other business 

—Report to the Maritime Safety 

Committee 

Please note: The IMO may, on short 

notice, adjust the SDC 10 agenda to 

accommodate the constraints associated 

with the meeting format. Any changes to 

the agenda will be reported to those 

who RSVP. 

Those who plan to participate should 

contact the meeting coordinator, LCDR 

Bryan Andrews, by email at 

bryan.j.andrews@uscg.mil, or in writing 

at 2703 Martin Luther King Jr. Ave. SE, 

Stop 7509, Washington, DC 20593– 

7509, by January 5, 2024. Please note 

that, due to security considerations, two 

valid, government issued photo 

identifications must be presented to 

gain entrance to the Douglas A. Munro 

Coast Guard Headquarters Building at 

St. Elizabeth’s. This building is 

accessible by taxi, public transportation, 

and privately owned conveyance (upon 

request). Additionally, members of the 

public needing reasonable 

accommodation should advise the 

meeting coordinator not later than 

January 5, 2024. Requests made after 

that date will be considered but might 

not be possible to fulfill. 

Additional information regarding this 

and other IMO public meetings may be 

found at: https://www.dco.uscg.mil/ 

IMO. 


ddrumheller on DSK120RN23PROD with NOTICES1