Notice of Determinations; Culturally Significant Objects Being Imported for Exhibition-Determinations: “, 6643-6644 [2022-02336]
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Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Notices
lotter on DSK11XQN23PROD with NOTICES1
16 competing option exchanges if they
deem fee levels at a particular venue to
be excessive. In such an environment,
the Exchange must continually adjust its
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
currently has more than 16% of the
market share of executed volume of
multiply-listed equity and ETF options
trades.26 Therefore, no exchange
currently possesses significant pricing
power in the execution of multiplylisted equity and ETF options order
flow. More specifically, in November
2021, the Exchange had less than 8%
market share of executed volume of
multiply-listed equity and ETF options
trades.27
The Exchange believes that the
proposed rule change reflects this
competitive environment because it
modifies the Exchange’s fees and rebates
in a manner designed to encourage ATP
Holders to direct trading interest to the
Exchange, to provide liquidity and to
attract order flow. Specifically, the
Exchange believes that the proposed
change would encourage ATP Holders
to direct increased volume to the
Exchange, thereby increasing the
number of executions (and executions of
varying types) on the Exchange. The
Exchange further believes that
harmonizing the requirements for the
Rebate and Credit could make the
incentives more achievable for ATP
Holders and would thus continue to
make the Exchange a more attractive
and competitive venue for order
execution. To the extent that this
purpose is achieved, all the Exchange’s
market participants should benefit from
the improved market quality and
increased opportunities for price
improvement.
Thus, the Exchange believes that the
proposed changes could promote
competition between the Exchange and
other execution venues, including those
that currently offer similar pricing
incentives, by encouraging additional
orders to be sent to the Exchange for
execution.
26 See
supra note 18.
on a compilation of OCC data for
monthly volume of equity-based options and
monthly volume of ETF-based options, see id., the
Exchange’s market share in multiply listed equity
and ETF options decreased from 9.09% for the
month of November 2020 to 7.06% for the month
of November 2021.
27 Based
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18:50 Feb 03, 2022
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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) 28 of the Act and
subparagraph (f)(2) of Rule 19b–4 29
thereunder. 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.
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–
NYSEAMER–2022–09 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–NYSEAMER–2022–09. 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
28 15
29 17
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U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
Frm 00161
Fmt 4703
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6643
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
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–NYSEAMER–2022–09 and
should be submitted on or before
February 25, 2022.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.30
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022–02314 Filed 2–3–22; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF STATE
[Public Notice 11646]
Notice of Determinations; Culturally
Significant Objects Being Imported for
Exhibition—Determinations: ‘‘Alberto
Giacometti: Toward the Ultimate
Figure’’ Exhibition
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 ‘‘Alberto Giacometti: Toward
the Ultimate Figure’’ at the Cleveland
Museum of Art, Cleveland, Ohio; the
Seattle Art Museum, Seattle,
Washington; the Museum of Fine Arts,
Houston, in Houston, Texas; the NelsonAtkins Museum of Art, Kansas City,
Missouri; 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: Chi
D. Tran, Program Administrator, Office
of the Legal Adviser, U.S. Department of
SUMMARY:
30 17
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CFR 200.30–3(a)(12).
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6644
Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Notices
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), 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 Delegation of Authority No.
523 of December 22, 2021.
Stacy E. White,
Deputy Assistant Secretary for Professional
and Cultural Exchanges, Bureau of
Educational and Cultural Affairs, Department
of State.
[FR Doc. 2022–02336 Filed 2–3–22; 8:45 am]
BILLING CODE 4710–05–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36576]
lotter on DSK11XQN23PROD with NOTICES1
Fortress Investment Group LLC—
Exemption for Intra-Corporate Family
Transaction—Ohio River Partners
Shareholder LLC, Katahdin Railcar
Services, LLC, Union Railroad
Company, Gary Railway Company,
Delray Connecting Railroad Company,
Texas & Northern Railroad Company,
and Lake Terminal Railroad Company
Fortress Investment Group LLC
(Fortress), for the benefit of Fortress
Transportation and Infrastructure
Investors LLC (FTAI) and FTAI
Infrastructure Inc. (FTAI
Infrastructure),1 (collectively, the
Parties), has filed a verified notice of
exemption for an intra-corporate family
transaction under 49 CFR 1180.2(d)(3),
which exempts from the prior approval
requirements of 49 U.S.C. 11323
‘‘[t]ransactions within a corporate
family that do not result in adverse
changes in service levels, significant
operational changes, or a change in the
competitive balance with carriers
outside the corporate family.’’ 49 CFR
1180.2(d)(3).
According to the verified notice, FTAI
indirectly owns controlling interests in
seven common carrier railroads: Ohio
River Partners Shareholder LLC (ORPS);
Katahdin Railcar Services LLC (KRS);
1 The verified notice states that FTAI
Infrastructure is a newly created subsidiary of FTAI,
which is a Delaware limited liability company
managed by an affiliate of Fortress.
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18:50 Feb 03, 2022
Jkt 256001
Union Railroad Company (URR); Gary
Railway Company (GRW); Delray
Connecting Railroad Company (DCR);
Texas & Northern Railroad Company
(TNR); and Lake Terminal Railroad
Company (LTR).2 The verified notice
states that ORPS is a non-operating
carrier,3 and that the remaining
railroads are each Class III carriers.4
Under the proposed transaction, FTAI
will engage in an intra-corporate
reorganization that will result in FTAI
Infrastructure’s control of ORPS, KRS,
URR, GRW, DCR, TNR, and LTR. The
verified notice states that the purpose of
the transaction is to separate FTAI’s
aviation-related assets and liabilities
from its railroad and energy
infrastructure businesses. According to
the verified notice, an affiliate of
Fortress will continue managing FTAI
Infrastructure and, indirectly, the seven
railroads. Fortress states that the
proposed transaction does not impose or
involve an interchange commitment by
or affecting the railroads, and that it will
have no impact on the day-to-day
operations of the seven railroads.
Unless stayed, the exemption will be
effective on February 20, 2022 (30 days
after the verified notice was filed).
Fortress states that the Parties intend to
consummate the proposed transaction
as soon as practicable after that date and
final approval of the proposed
transaction by FTAI’s board of
directors.5
The verified notice states that the
transaction will not result in adverse
changes in service levels, operational
changes, or a change in the competitive
balance with carriers outside the
corporate family. Therefore, the
transaction is exempt from the prior
2 The verified notice states that FTAI owns 100%
of the equity interests of Transtar, LLC, which owns
and controls URR, GRW, DCR, TNR, and LTR. See
Fortress Inv. Grp. LLC—Acquis. & Continuance in
Control Exemption—Ohio River Partners S’holder
LLC, FD 36521 (STB served June 30, 2021).
3 The verified notice states that ORPS owns a
12.2-mile freight rail line between milepost 60.5
near Powhatan Point, Ohio, and milepost 72.2 near
Hannibal, Ohio (the Omal Line). KRS has assumed
the right and common carrier obligation to operate
the Omal Line. Katahdin Railcar Servs. LLC—
Change in Operators Exemption—Ohio Terminal
Ry., FD 36487 (STB served Mar. 30, 2021); see also
Fortress Inv. Grp. LLC—Exemption for Intra-Corp.
Fam. Transaction—Ohio River Partners S’holder
LLC, FD 36402 (STB served May 15, 2020).
4 According to the verified notice, the operating
revenues of URR and GRW exceed the dollar
threshold for Class II carrier status, but URR and
GRW are designated as Class III carriers because
they are switching and terminal carriers. See 49
CFR 1201.1–1(d).
5 The verified notice states that the proposed
transaction will be authorized by FTAI’s board of
directors pursuant to a written resolution in
substantially the form attached to the verified
notice as Exhibit 2.
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Frm 00162
Fmt 4703
Sfmt 4703
approval requirements of 49 U.S.C.
11323. See 49 CFR 1180.2(d)(3).
Under 49 U.S.C. 10502(g), the Board
may not use its exemption authority to
relieve a rail carrier of its statutory
obligation to protect the interests of its
employees. However, 49 U.S.C. 11326(c)
does not provide for labor protection for
transactions under 49 U.S.C. 11324 and
11325 that involve only Class III rail
carriers. Accordingly, the Board may not
impose labor protective conditions here
because all the carriers involved are
Class III rail carriers.
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 February 11, 2022
(at least seven days before the
exemption becomes effective).
All pleadings, referring to Docket No.
FD 36576, should be filed with the
Surface Transportation Board via efiling on the Board’s website. In
addition, one copy of each pleading
must be served on Fortress’s
representative, Terence M. Hynes,
Sidley Austin LLP, 1501 K Street NW,
Washington, DC 20005.
According to Fortress, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c) and historic reporting under
49 CFR 1105.8(b).
Board decisions and notices are
available at www.stb.gov.
Decided: January 31, 2022.
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
Stefan Rice,
Clearance Clerk.
[FR Doc. 2022–02360 Filed 2–3–22; 8:45 am]
BILLING CODE 4915–01–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36496]
Application of the National Railroad
Passenger Corporation Under 49
U.S.C. 24308(e)—CSX Transportation,
Inc., and Norfolk Southern Railway
Company
Surface Transportation Board.
Notice of public hearing.
AGENCY:
ACTION:
The Surface Transportation
Board (Board) will hold a public hearing
in this docket, consisting of two phases.
The first phase, which will involve
comments from the public, will
commence on February 15, 2022, and
SUMMARY:
E:\FR\FM\04FEN1.SGM
04FEN1
Agencies
[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Notices]
[Pages 6643-6644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02336]
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DEPARTMENT OF STATE
[Public Notice 11646]
Notice of Determinations; Culturally Significant Objects Being
Imported for Exhibition--Determinations: ``Alberto Giacometti: Toward
the Ultimate Figure'' 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 ``Alberto Giacometti: Toward the
Ultimate Figure'' at the Cleveland Museum of Art, Cleveland, Ohio; the
Seattle Art Museum, Seattle, Washington; the Museum of Fine Arts,
Houston, in Houston, Texas; the Nelson-Atkins Museum of Art, Kansas
City, Missouri; 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: Chi D. Tran, Program Administrator,
Office of the Legal Adviser, U.S. Department of
[[Page 6644]]
State (telephone: 202-632-6471; email: [email protected]). 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), 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 Delegation of Authority No. 523 of December 22, 2021.
Stacy E. White,
Deputy Assistant Secretary for Professional and Cultural Exchanges,
Bureau of Educational and Cultural Affairs, Department of State.
[FR Doc. 2022-02336 Filed 2-3-22; 8:45 am]
BILLING CODE 4710-05-P