Notice of Determinations; Culturally Significant Objects Imported for Exhibition Determinations: “Delirious: Art at the Limits of Reason, 1950-1980” Exhibition, 33537-33538 [2017-15214]
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asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices
aware of interest represented by floor
brokers, which is not publicly
disseminated.44 When offsetting an
imbalance during the closing auction,
DMM interest trades at parity with limit
orders on the Exchange order book, and
DMM interest takes priority over limiton-close orders with a price equal to the
closing price and over closing-offset
orders.45 In approving the entire set of
advantages given to DMMs in 2008
through the New Market Model, the
Commission specifically assessed
‘‘whether the rewards granted to DMMs
. . . are commensurate with their
obligations’’ and found that the
proposed New Market Model pilot
reflected ‘‘an appropriate balance of
DMM obligations against the benefits
provided to DMMs.’’ 46
In proposing to remove the Prohibited
Transactions Rule, however, NYSE and
NYSE MKT have failed to adequately
explain or justify how the proposed
alteration to the balance of benefits and
obligations of a DMM previously
approved by the Commission is
consistent with Section 6(b)(5) of the
Exchange Act, or how allowing DMMs
to aggressively take liquidity in the last
ten minutes of trading is both consistent
with a DMM’s obligation to maintain a
fair and orderly market in its assigned
securities and designed to prevent
fraudulent or manipulative acts and
practices regarding the closing auction,
for which a DMM has crucial
responsibilities.
The Exchanges and Citadel in their
comment letters argue that changes in
market structure such as the inability of
DMMs, compared to specialists, to ‘‘set
prices’’ in their assigned securities, and
the movement of trading volume in
NYSE-listed securities away from the
NYSE, support the elimination of the
Prohibited Transactions Rule. But, as
noted above, the Prohibited
Transactions Rule was included in the
New Market Model rule filing that
established the role of DMMs, and the
market-share statistics offered by
Citadel—which purportedly establish
the relatively weak pricing power of a
DMM 47—fail to acknowledge that the
Exchanges have a dominant market
share in the closing auction,48 and that
a DMM has discretion and informational
advantages that place the DMM in a
unique position to choose its own level
44 See Exchange Rule 104(j); see also NYSE Rule
123C and NYSE MKT Rule 123C—Equities.
45 See NYSE Rule 123C(7)(b); NYSE MKT Rule
123C(7)(b)—Equities.
46 Securities Exchange Act Release No. 58845
(Oct. 24, 2008), 73 FR 64379, 64388–89 (Oct. 29,
2008) (SR–NYSE–2008–46).
47 See Citadel Letter, supra note 7, at 2.
48 See supra note 39 and accompanying text.
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of participation in the auction and to
influence the closing price.49
Additionally, the argument by Citadel
that the current prohibition creates an
uneven playing field, and that it limits
DMMs’ ‘‘ability to provide competitive
quotations,’’ 50 fails to address that
DMMs have unique privileges on NYSE
and NYSE MKT and that the proposed
rule change is not limited to
circumstances in which DMMs would
be allowed to quote competitively and
provide liquidity, but would also allow
them to aggressively take liquidity.
Additionally, while NYSE and NYSE
MKT have argued that the proposal is
consistent with the Exchange Act
because remaining exchange rules
address the possibility of disruptive or
improper DMM trading during the last
ten minutes of the day, the Commission
does not believe that NYSE and NYSE
MKT have met their burden to
demonstrate that these other rules—
which require the exercise of judgment
as to what is ‘‘reasonable,’’ ‘‘excessive,’’
‘‘appropriate,’’ or ‘‘commensurate’’ 51—
are adequate substitutes for a clear,
meaningful, and enforceable bright-line
rule that limits aggressive DMM trading
at a particularly sensitive and important
time of the trading day and that
addresses the risk of destabilizing or
even manipulative activity.
Additionally, the Commission believes
that NYSE and NYSE MKT have merely
asserted that, but not explained how,
existing surveillances can act as an
adequate substitute for this bright-line
rule.
Thus, because the Exchanges’
arguments in favor of the proposed rule
changes do not adequately address
significant issues raised by the
proposals, the Commission does not
find that the proposed rule changes are
consistent with the requirements of the
Exchange Act and the rules and
regulations thereunder applicable to a
national securities exchange and, in
particular, with Section 6(b)(5) of the
Exchange Act.
V. Conclusion
It is therefore ordered that, pursuant
to Section 19(b)(2) of the Exchange
Act,52 the proposed rule changes (SR–
NYSE–2016–71 and SR–NYSEMKT–
2016–99) be, and hereby are,
disapproved.
supra notes 42–44 and accompanying text.
Letter, supra note 7, at 2–3.
51 See supra notes 25 & 40 and accompanying
text.
52 15 U.S.C. 78s(b)(2).
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49 See
50 Citadel
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33537
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.53
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2017–15195 Filed 7–19–17; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF STATE
[Delegation of Authority: 437]
Delegation of Authority to the Director
of the Office of U.S. Foreign
Assistance Resources To Concur in
Assistance Programs
By virtue of the authority vested in
the Secretary of State, including section
1 of the State Department Basic
Authorities Act (22 U.S.C. 2651a) and
10 U.S.C. 333, I hereby delegate to the
Director the Office of U.S. Foreign
Assistance Resources, to the extent
authorized by law, the authority to
concur in programs authorized by
section 333 of title 10 of the U.S. Code.
Notwithstanding this delegation of
authority, any function or authority
delegated herein may be exercised by
the Secretary or a Deputy Secretary. Any
reference in this delegation of authority
to any statute or delegation of authority
shall be deemed to be a reference to
such statute or delegation of authority as
amended from time to time.
This delegation of authority shall be
published in the Federal Register.
Dated: May 1, 2017.
Rex W. Tillerson,
Secretary of State.
[FR Doc. 2017–15226 Filed 7–19–17; 8:45 am]
BILLING CODE 4710–10–P
DEPARTMENT OF STATE
[Public Notice: 10062]
Notice of Determinations; Culturally
Significant Objects Imported for
Exhibition Determinations: ‘‘Delirious:
Art at the Limits of Reason, 1950–
1980’’ Exhibition
Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), E.O. 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, as
appropriate, Delegation of Authority No.
53 17
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CFR 200.30–3(a)(12).
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33538
Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices
257–1 of December 11, 2015), I hereby
determine that certain objects to be
included in the exhibition ‘‘Delirious:
Art at the Limits of Reason, 1950–1980,’’
imported from abroad for temporary
exhibition within the United States, are
of cultural significance. The objects are
imported pursuant to loan agreements
with the foreign owners or custodians.
I also determine that the exhibition or
display of the exhibit objects at The
Metropolitan Museum of Art, New York,
New York, from on or about September
12, 2017, until on or about January 14,
2018, and at possible additional
exhibitions or venues yet to be
determined, is in the national interest.
I have ordered that Public Notice of
these Determinations be published in
the Federal Register.
For further information, including a
list of the imported objects, contact the
Office of Public Diplomacy and Public
Affairs in the 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, SA–5, Suite 5H03, Washington,
DC 20522–0505.
Alyson Grunder,
Deputy Assistant Secretary for Policy, Bureau
of Educational and Cultural Affairs,
Department of State.
[FR Doc. 2017–15214 Filed 7–19–17; 8:45 am]
BILLING CODE 4710–05–P
SURFACE TRANSPORTATION BOARD
[Docket No. AB 33 (Sub-No. 333X)]
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Union Pacific Railroad Company—
Discontinuance Exemption—in Grundy
County, IL
Union Pacific Railroad Company (UP)
has filed a verified notice of exemption
under 49 CFR pt. 1152 subpart F—
Exempt Abandonments and
Discontinuances of Service to
discontinue service over a 2.85-mile
portion of the Pequot Subdivision from
milepost 56.85, along BNSF’s Transcon
Line, to Reed Road at milepost 59.70
(the Line). The Line traverses United
States Postal Service Zip Codes 60416
and 60407.
UP has certified that: (1) No local or
overhead traffic has moved over the
Line for at least two years; (2) there is
no need to reroute any traffic over other
lines; (3) no formal complaint filed by
a user of rail service on the Line (or by
a state or local government entity acting
on behalf of such user) regarding
cessation of service over the Line is
pending either with the Surface
Transportation Board (Board) or with
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18:50 Jul 19, 2017
Jkt 241001
any U.S. District Court or has been
decided in favor of complainant within
the two-year period; and (4) the
requirements at 49 CFR 1105.12
(newspaper publication) and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to this exemption, any
employee adversely affected by the
discontinuance of service shall be
protected under Oregon Short Line
Railroad—Abandonment Portion
Goshen Branch Between Firth &
Ammon, in Bingham & Bonneville
Counties, Idaho, 360 I.C.C. 91 (1979). To
address whether this condition
adequately protects affected employees,
a petition for partial revocation under
49 U.S.C. 10502(d) must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) to subsidize continued
rail service has been received, this
exemption will be effective on August
19, 2017, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues and
formal expressions of intent to file an
OFA to subsidize continued rail service
under 49 CFR 1152.27(c)(2) 1 must be
filed by July 28, 2017.2 Petitions for
reconsideration must be filed by August
9, 2017, with the Surface Transportation
Board, 395 E Street SW., Washington,
DC 20423–0001.
A copy of any petition filed with the
Board should be sent to Mack H.
Shumate, Jr., Union Pacific Railroad
Company, 101 North Wacker Drive,
Room 1920, Chicago, IL 60606.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
Board decisions and notices are
available on our Web site at
WWW.STB.GOV.
Decided: July 14, 2017.
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
Rena Laws-Byrum,
Clearance Clerk.
[FR Doc. 2017–15115 Filed 7–19–17; 8:45 am]
BILLING CODE 4915–01–P
1 Each OFA must be accompanied by the filing
fee, which is currently set at $1,700. See 49 CFR
1002.2(f)(25).
2 Because this is a discontinuance proceeding and
not an abandonment, interim trail use/rail banking
and public use conditions are not appropriate.
Because there will be an environmental review
during abandonment, this discontinuance does not
require an environmental review.
PO 00000
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA–2017–0027]
Agency Information Collection
Activities: Request for Comments for a
New Information Collection
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
FHWA invites public
comments about our intention to request
the Office of Management and Budget’s
(OMB) approval for a new information
collection, which is summarized below
under SUPPLEMENTARY INFORMATION. We
published a Federal Register Notice
with a 60-day public comment period
on this information collection on June
19, 2017. We are required to publish
this notice in the Federal Register by
the Paperwork Reduction Act of 1995.
DATES: Please submit comments by
August 21, 2017.
ADDRESSES: You may send comments
within 30 days to the Office of
Information and Regulatory Affairs,
Office of Management and Budget, 725
17th Street NW., Washington, DC 20503,
Attention DOT Desk Officer. All
comments should include the Docket
number FHWA–2017–0027.
FOR FURTHER INFORMATION CONTACT:
Bruce Bradley, 202–493–0564,
Department of Transportation, Federal
Highway Administration, Office of Real
Estate Services, 1200 New Jersey
Avenue SE., Washington, DC 20590.
Office hours are from 8 a.m. to 5 p.m.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the FHWA’s performance;
(2) the accuracy of the estimated
burden; (3) ways for the FHWA to
enhance the quality, usefulness, and
clarity of the collected information; and
(4) ways that the burden could be
minimized, including the use of
electronic technology, without reducing
the quality of the collected information.
Title: FHWA Excellence in Right-ofWay Awards and Utility Relocation and
Accommodation Awards.
Background: In 1995, the Federal
Highway Administration established the
biennial Excellence in Right-of-Way
Awards Program to recognize partners,
projects, and processes that use FHWA
funding sources to go beyond regulatory
compliance and achieve right-of-way
SUMMARY:
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Agencies
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Notices]
[Pages 33537-33538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15214]
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DEPARTMENT OF STATE
[Public Notice: 10062]
Notice of Determinations; Culturally Significant Objects Imported
for Exhibition Determinations: ``Delirious: Art at the Limits of
Reason, 1950-1980'' Exhibition
Notice is hereby given of the following determinations: Pursuant to
the authority vested in me by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), E.O. 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, as
appropriate, Delegation of Authority No.
[[Page 33538]]
257-1 of December 11, 2015), I hereby determine that certain objects to
be included in the exhibition ``Delirious: Art at the Limits of Reason,
1950-1980,'' imported from abroad for temporary exhibition within the
United States, are of cultural significance. The objects are imported
pursuant to loan agreements with the foreign owners or custodians. I
also determine that the exhibition or display of the exhibit objects at
The Metropolitan Museum of Art, New York, New York, from on or about
September 12, 2017, until on or about January 14, 2018, and at possible
additional exhibitions or venues yet to be determined, is in the
national interest. I have ordered that Public Notice of these
Determinations be published in the Federal Register.
For further information, including a list of the imported objects,
contact the Office of Public Diplomacy and Public Affairs in the 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, SA-5, Suite 5H03, Washington, DC 20522-0505.
Alyson Grunder,
Deputy Assistant Secretary for Policy, Bureau of Educational and
Cultural Affairs, Department of State.
[FR Doc. 2017-15214 Filed 7-19-17; 8:45 am]
BILLING CODE 4710-05-P