Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Notices 13395 

43 17 CFR 200.30–3(a)(85). 

would have been prevented by the proposed 

narrower bands (Theoretical Blocked Trades), 

prices reverted back to within the proposed 

narrower bands. To support this conclusion, 

the Proposal provides an analysis that trades 

in Tier 2 ETPs that executed outside the 

proposed narrower bands are generally 

followed by mid-point prices within the 

narrower bands. According to the Proposal, 

this analysis suggests that the Proposal 

would protect investors from trading at 

inferior prices that may occur because of 

transitory gaps in liquidity instead of 

fundamental valuation changes. Do 

commenters agree that the analysis 

appropriately measures price reversion and 

that the Theoretical Blocked Trades often 

executed during temporary liquidity gaps? If 

not, how do commenters suggest the analysis 

could examine the extent to which 

Theoretical Blocked Trades executed during 

temporary liquidity gaps? Please explain. 

6. The Proposal compares the quote 

volatility of Tier 2 ETPs to that of Tier 1 nonETPs, where quote volatility is measured 

using the mid-point at each second. With this 

measure of volatility, the Proposal concludes 

that Tier 2 ETPs have lower quote volatility 

than Tier 1 non-ETPs, suggesting that Tier 2 

ETPs are not too volatile for the Tier 1 price 

bands. In addition, the Proposal 

acknowledges that Tier 2 ETPs are often 

thinly traded. What are commenters’ views 

on whether the comparative analysis has 

adequately captured Tier 2 ETP volatility in 

support of the conclusion that they are not 

too volatile for the Tier 1 price bands? For 

example, would infrequent trading interest 

bias the analysis due to infrequent updates of 

the mid-point? Are there other measures of 

volatility that would be more appropriate? 

Please explain. 

7. The Participants state that the Plan does 

not impose any burden on competition that 

is not necessary or appropriate in furtherance 

of the purposes of the Exchange Act. Do 

commenters believe that the Plan, as 

proposed to be amended, imposes any 

burden on competition that is not necessary 

or appropriate in furtherance of the purposes 

of the Exchange Act? 

8. Further, would the Proposal have a 

positive, negative, or neutral impact on 

competition? Please explain. How would the 

Proposal impact competition across ETP 

issuers or ETPs on similar baskets of 

securities currently in different tiers? Please 

explain. How would any impact on 

competition from the Proposal benefit or 

harm the national market system or the 

various market participants? Please describe 

and explain how, if at all, aspects of the 

national market system or different market 

participants would be affected. Please 

support any response with data, if possible. 

9. More generally, to the extent possible 

please provide specific data, analyses, or 

studies for support regarding any impacts of 

the Proposal on competition. 

The Commission requests that 

commenters provide analysis to support 

their views, if possible. 

Interested persons are invited to 

submit written data, views, and 

arguments regarding whether the 

Proposed Amendment should be 

approved or disapproved by March 14, 

2024. Any person who wishes to file a 

rebuttal to any other person’s 

submission must file that rebuttal by 

March 28, 2024. 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 4– 

631 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 4–631. 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 Participants’ principal 

offices. 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 

4–631 and should be submitted on or 

before March 14, 2024. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.43

Sherry R. Haywood, 

Assistant Secretary. 

[FR Doc. 2024–03539 Filed 2–21–24; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice: 12336] 

Notice of Determinations; Culturally 

Significant Objects Being Imported for 

Exhibition—Determinations: 

‘‘Auschwitz. Not long ago. Not far 

away.’’ Exhibition 

SUMMARY: Notice is hereby given of the 

following determinations: I hereby 

determine that certain objects being 

imported from abroad pursuant to an 

agreement with their foreign owner or 

custodian for temporary display in the 

exhibition ‘‘Auschwitz. Not long ago. 

Not far away.’’ by the Cincinnati 

Museum Center, Cincinnati, Ohio, at 

The Castle at Park Plaza, Boston, 

Massachusetts, 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 


lotter on DSK11XQN23PROD with NOTICES1
13396 Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Notices 

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. 2024–03545 Filed 2–21–24; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2023–2471; Summary 

Notice No. 2024–05] 

Petition for Exemption; Summary of 

Petition Received; The Boeing 

Company 

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, the 

FAA’s exemption process. 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. 

DATES: Comments on this petition must 

identify the petition docket number and 

must be received on or before March 13, 

2024. 

ADDRESSES: Send comments identified 

by docket number FAA–2023–2471 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

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

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

http://www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Shannon Lennon, AIR–624, Federal 

Aviation Administration, phone (206) 

231–3209, email Shannon.Lennon@

faa.gov. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on February 15, 

2024. 

Daniel J. Commins, 

Manager, Integration and Performance, Policy 

& Standards Division, Aircraft Certification 

Service. 

Petition for Exemption 

Docket No.: FAA–2023–2471. 

Petitioner: The Boeing Company. 

Section(s) of 14 CFR Affected: 

§ 25.795(b)(2), (c)(1), (c)(3), and (d). 

Description of Relief Sought: The 

Boeing Company is seeking relief from 

14 CFR 25.795(b)(2), (c)(1), (c)(3), and 

(d), which requires certain security 

design requirements for the Boeing 

Model 777–8F airplane. Specifically, the 

request relates to the carriage of 

supernumeraries, who are considered 

passengers with respect to part 25 

requirements, when the airplane is 

operated as a freighter. 

[FR Doc. 2024–03599 Filed 2–21–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on the NYS Route 33 Kensington 

Expressway Project, City of Buffalo, 

Erie County, New York 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of limitation on claims 

for judicial review of actions by FHWA 

and other Federal agencies. 

SUMMARY: This notice announces action 

taken by FHWA and other Federal 

Agencies that are final. The actions 

relate to the NYS Route 33 Kensington 

Expressway Project located in the city of 

Buffalo, Erie County, New York. 

DATES: By this notice, FHWA is advising 

the public of final agency actions 

subject to 23 U.S.C. 139(l)(1). A claim 

seeking judicial review of the Federal 

agency actions on the highway project 

will be barred unless the claim is filed 

on or before July 22, 2024. If the Federal 

law that authorizes judicial review of a 

claim provides a time period of less 

than 150 days for filing such claim, then 

that shorter time period still applies. 

FOR FURTHER INFORMATION CONTACT: 

Richard J. Marquis, Division 

Administrator, Federal Highway 

Administration, Leo W. O’Brien Federal 

Building, 11A Clinton Avenue, Suite 

952, Albany, New York 12207, 

Telephone (518) 431–4127. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FHWA and other 

Federal Agencies have taken final 

Agency actions by issuing approvals for 

the following highway project in the 

State of New York: NYS Route 33 

Kensington Expressway Project, City of 

Buffalo, Erie County, New York. The 

purpose of the Project is to reconnect 

the community surrounding the defined 

transportation corridor and improve the 

compatibility of the corridor with the 

adjacent land uses, while addressing the 

geometric, infrastructure, and multimodal needs within the corridor in its 

current location. 

The following objectives have been 

established to further define the Project 

purpose: 

• Reconnect the surrounding 

community by creating continuous 

greenspace to enhance the visual and 

aesthetic environment of the 

transportation corridor. 

• Maintain the vehicular capacity of 

the existing transportation corridor. 

• Improve vehicular, pedestrian, and 

bicycle mobility and access in the 

surrounding community by 

implementing Complete Street2 

roadway design features; and 

• Address identified geometric and 

infrastructure deficiencies within the 

transportation corridor. 

The actions by the Federal Agencies, 

and the laws under which such actions 

were taken, are described in the FHWA 

Final Design Report/Environmental 

Assessment (FDR/EA) for the project, 

signed February 16, 2024, in the Finding 

of No Significant Impact (FONSI) for the 

project, issued on February 16, 2024, 

and in other documents in the FHWA 

administrative record. The FDR/EA, 

FONSI, and other documents in the 

FHWA administrative record files are 

available by contacting FHWA at the 


lotter on DSK11XQN23PROD with NOTICES1