82 FR 14272 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Data Collection Requirements in Rule 4470
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 51 (March 17, 2017)
Federal Register Volume 82, Issue 51 (March 17, 2017)
| Page Range | 14272-14274 | |
| FR Document | 2017-05344 |
[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)] [Notices] [Pages 14272-14274] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05344] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-80229; File No. SR-NASDAQ-2017-024] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Data Collection Requirements in Rule 4470 March 13, 2017. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on February 28, 2017, The NASDAQ Stock Market LLC (``Nasdaq'' or ``Exchange'') filed with the Securities and Exchange Commission (``SEC'' or ``Commission'') the proposed rule change as described in Items I, and II, below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Rule 4770 to modify the date of Appendix B Web site data publication pursuant to the Regulation NMS Plan to Implement a Tick Size Pilot Program (``Plan''). The text of the proposed rule change is available on the Exchange's Web site at http://nasdaq.cchwallstreet.com, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose Rule 4770(b) (Compliance with Data Collection Requirements) \3\ implements the data collection and Web site publication requirements of the Plan.\4\ Commentary .08 to Rule 4770 provides, among other things, that the requirement that the Exchange make certain data publicly available on the Nasdaq Web site pursuant to Appendix B and C to the Plan shall commence at the beginning of the Pilot Period,\5\ and that Nasdaq shall make data for the Pre-Pilot Period publicly available on the Nasdaq Web site pursuant to Appendix B and C to the Plan by February 28, 2017.\6\ --------------------------------------------------------------------------- \3\ See Rule 4770(b). See also Securities Exchange Act Release No. 77456 (March 28, 2016), 81 FR 18925 (April 1, 2016) (SR-NASDAQ- 2016-043). \4\ The Participants filed the Plan to comply with an order issued by the Commission on June 24, 2014. See Letter from Brendon J. Weiss, Vice President, Intercontinental Exchange, Inc., to Secretary, Commission, dated August 25, 2014 (``SRO Tick Size Plan Proposal''). See Securities Exchange Act Release No 72460 (June 24, 2014), 79 FR 36840 (June 30, 2014); see also Securities Exchange Act Release No. 74892 (May 6, 2015), 80 FR 27513 (May 13, 2015). \5\ Unless otherwise defined herein, capitalized terms have the meaning ascribed to them in Rule 4770. \6\ On November 30, 2016, the SEC granted exemptive relief to the Participants to, among other things, delay the publication of Web site data pursuant to Appendices B and C to the Plan until February 28, 2017, and to delay the ongoing Web site publication by ninety days such that data would be published within 120 calendar days following the end of the month. See Letter from David S. Shillman, Associate Director, Division of Trading and Markets, Commission, to Marcia E. Asquith, Senior Vice President and Corporate Secretary, FINRA, dated November 30, 2016; see also Securities Exchange Act Release No. 79546 (December 14, 2016), 81 FR 92932 (December 20, 2016) (SR-NASDAQ-2016-165). --------------------------------------------------------------------------- Nasdaq is proposing amendments to Commentary .08 to Rule 4770 to delay the date by which Pre-Pilot and Pilot Appendix B data is to be made publicly available on Nasdaq's Web site from February 28, 2017, until April 28, 2017. Appendix C data for the Pre-Pilot Period through the month of January 2017 will be published on the Nasdaq Web site on February 28, 2017, and, thereafter, on the original 30-day schedule.\7\ As some of the data reporting requirements set forth in Rule 4770 require members to report data to their Designated Examining Authority (``DEA''), which may not be Nasdaq, the Exchange is also proposing to add references in Commentary .08 to reflect the fact that the Exchange or the DEA may be publishing such data. --------------------------------------------------------------------------- \7\ Since, under Rule 4770(b)(4), Nasdaq is not independently publishing Market Maker profitability data collected pursuant to Item I of Appendix C of the Plan, no corresponding change to the language of Rule 4770(b)(4) relating to the timing of the publication of Appendix C data for the Pilot Period is needed. --------------------------------------------------------------------------- In the SRO Tick Size Plan Proposal, the Participants stated that the public data will be made available for free ``on a disaggregated basis by trading center'' on the Web sites of the Participants and the Designated Examining Authorities.\8\ However, market participants have expressed confidentiality concerns regarding this approach for over- the-counter (``OTC'') data.\9\ Thus, Nasdaq is filing the instant proposed rule change to provide additional time to assess a means of addressing the confidentiality concerns raised in connection with the publication of Appendix B data related to OTC activity in furtherance of the objectives of the Plan.\10\ Pursuant to this amendment, Appendix B data publication will be delayed until April 28, 2017. The Participants anticipate filing additional proposed rule changes to address Appendix B data publication. --------------------------------------------------------------------------- \8\ See Securities Exchange Act Release No. 73511 (November 3, 2014), 79 FR 66423 (November 7, 2014) (Notice of Filing of Proposed National Market System Plan to Implement a Tick Size Pilot Program on a One-Year Pilot Basis, File No. 4-657) (``Tick Size Plan Proposal''). \9\ See letters from Adam C. Cooper, Senior Managing Director and Chief Legal Officer, Citadel Securities, to Brent J. Fields, Secretary, Commission, dated December 21, 2016 (``Citadel letter''); and William Hebert, Managing Director, Financial Information Forum, to Robert W. Errett, Deputy Secretary, Commission, dated December 21, 2016 (``FIF letter''). \10\ In connection with its filing to implement a similar change in its rules, the Financial Industry Regulatory Authority, Inc. is also submitting an exemptive request to the SEC on behalf of all Plan Participants requesting relief from the relevant requirements of the Plan. --------------------------------------------------------------------------- Nasdaq has filed the proposed rule change for immediate effectiveness. The operative date of the proposed rule change will be the date of filing. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act,\11\ in general, and furthers the objectives of Section 6(b)(5) of the Act,\12\ in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in [[Page 14273]] general to protect investors and the public interest. Nasdaq also believes that the proposal is consistent with Section 6(b)(8) of the Act,\13\ which requires that Exchange rules not impose any burden on competition that is not necessary or appropriate. --------------------------------------------------------------------------- \11\ 15 U.S.C. 78f(b). \12\ 15 U.S.C. 78f(b)(5). \13\ 15 U.S.C. 78f(b)(8). --------------------------------------------------------------------------- The Plan is designed to allow the Commission, market participants, and the public to study and assess the impact of increment conventions on the liquidity and trading of the common stock of small- capitalization companies. Nasdaq believes that this proposal is consistent with the Act because it is in furtherance of the objectives of Section VII(A) of the Plan in that it is designed to provide Nasdaq with additional time to assess a means of addressing the confidentiality concerns raised in connection with the publication of Appendix B data, to comply with the Plan's requirements that the data made publicly available will not identify the trading center that generated the data. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change implements the provisions of the Plan. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b- 4(f)(6) thereunder.\15\ --------------------------------------------------------------------------- \14\ 15 U.S.C. 78s(b)(3)(A). \15\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-4(f)(6) normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b-4(f)(6)(iii), the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has filed the proposed rule change for immediate effectiveness and has requested that the Commission waive the requirement that the proposed rule change not become operative for 30 days after the date of the filing so that it may become operative on February 28, 2017. The Exchange notes that the proposed rule change is intended to address confidentiality concerns raised in connection with the publication of OTC Appendix B data by permitting the Exchange to delay Web site publication of its Appendix B data from February 28, 2017 to April 28, 2017.\16\ The Exchange notes that the delay would provide additional time to assess a means of addressing the confidentiality concerns. The Exchange notes that it expects Participants to file proposed rule changes related to publishing Appendix B data. --------------------------------------------------------------------------- \16\ See supra note 9. The Commission notes that FINRA has submitted a proposed rule change to delay the publication of OTC Appendix B data. See SR-FINRA-2017-005. --------------------------------------------------------------------------- The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because it will allow the Exchange to delay publication of its Appendix B data until April 28, 2017. As noted above, commenters continue to raise concerns about the publication of OTC Appendix B data.\17\ Delaying publication of Exchange's Appendix B data \18\ will prevent the publication of partial (i.e., Exchange-only) Appendix B data required under the Plan. Therefore, the Commission hereby waives the 30-day operative delay and designates the proposed rule change to be operative on February 28, 2017.\19\ --------------------------------------------------------------------------- \17\ The Commission notes that FINRA has filed a proposed rule change that is intended to mitigate confidentiality concerns raised by commenters regarding the publication of OTC Appendix B data. See SR-FINRA-2017-006. \18\ The Commission notes that other Participants have proposed to delay the publication of their Appendix B data until April 28, 2017. See SR-BatsBYX-2017-05; SR-BatsBZX-2017-15; SR-BatsEDGA-2017- 05; SR-BatsEDGX-2017-13; SR-BX-2017-016; SR-CHX-2017-05; SR-FINRA- 2017-005; SR-IEX-2017-07; SR-Phlx-2017-22; SR-NYSE-2017-10; SR- NYSEArca-2017-19; SR-NYSEMKT-2017-11. \19\ For purposes only of waiving the operative delay for this proposal, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- At any time within 60 days of the filing of the 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. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or 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 CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-NASDAQ-2017-024 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-NASDAQ-2017-024. 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 Web site (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 Web site 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; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NASDAQ-2017-024, and should be submitted on or before April 7, 2017. [[Page 14274]] For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\20\ --------------------------------------------------------------------------- \20\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-05344 Filed 3-16-17; 8:45 am] BILLING CODE 8011-01-P
![14272 Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices
For the Commission, by the Division of places specified in Item IV below. The of the data reporting requirements set
Trading and Markets, pursuant to delegated Exchange has prepared summaries, set forth in Rule 4770 require members to
authority.15 forth in sections A, B, and C below, of report data to their Designated
Eduardo A. Aleman, the most significant aspects of such Examining Authority (‘‘DEA’’), which
Assistant Secretary. statements. may not be Nasdaq, the Exchange is also
[FR Doc. 2017–05337 Filed 3–16–17; 8:45 am] proposing to add references in
A. Self-Regulatory Organization’s
BILLING CODE 8011–01–P Commentary .08 to reflect the fact that
Statement of the Purpose of, and the
the Exchange or the DEA may be
Statutory Basis for, the Proposed Rule
publishing such data.
Change In the SRO Tick Size Plan Proposal,
SECURITIES AND EXCHANGE
COMMISSION 1. Purpose the Participants stated that the public
Rule 4770(b) (Compliance with Data data will be made available for free ‘‘on
[Release No. 34–80229; File No. SR–
Collection Requirements) 3 implements a disaggregated basis by trading center’’
NASDAQ–2017–024]
the data collection and Web site on the Web sites of the Participants and
Self-Regulatory Organizations; The publication requirements of the Plan.4 the Designated Examining Authorities.8
NASDAQ Stock Market LLC; Notice of Commentary .08 to Rule 4770 provides, However, market participants have
Filing and Immediate Effectiveness of among other things, that the expressed confidentiality concerns
Proposed Rule Change To Amend the requirement that the Exchange make regarding this approach for over-the-
Data Collection Requirements in Rule certain data publicly available on the counter (‘‘OTC’’) data.9 Thus, Nasdaq is
4470 Nasdaq Web site pursuant to Appendix filing the instant proposed rule change
B and C to the Plan shall commence at to provide additional time to assess a
March 13, 2017.
the beginning of the Pilot Period,5 and means of addressing the confidentiality
Pursuant to Section 19(b)(1) of the that Nasdaq shall make data for the Pre- concerns raised in connection with the
Securities Exchange Act of 1934 Pilot Period publicly available on the publication of Appendix B data related
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 Nasdaq Web site pursuant to Appendix to OTC activity in furtherance of the
notice is hereby given that on February B and C to the Plan by February 28, objectives of the Plan.10 Pursuant to this
28, 2017, The NASDAQ Stock Market 2017.6 amendment, Appendix B data
LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed Nasdaq is proposing amendments to publication will be delayed until April
with the Securities and Exchange Commentary .08 to Rule 4770 to delay 28, 2017. The Participants anticipate
Commission (‘‘SEC’’ or ‘‘Commission’’) the date by which Pre-Pilot and Pilot filing additional proposed rule changes
the proposed rule change as described Appendix B data is to be made publicly to address Appendix B data publication.
in Items I, and II, below, which Items available on Nasdaq’s Web site from Nasdaq has filed the proposed rule
have been prepared by the Exchange. February 28, 2017, until April 28, 2017. change for immediate effectiveness. The
The Commission is publishing this Appendix C data for the Pre-Pilot Period operative date of the proposed rule
notice to solicit comments on the through the month of January 2017 will change will be the date of filing.
proposed rule change from interested be published on the Nasdaq Web site on 2. Statutory Basis
persons. February 28, 2017, and, thereafter, on The Exchange believes that its
I. Self-Regulatory Organization’s the original 30-day schedule.7 As some proposal is consistent with Section 6(b)
Statement of the Terms of Substance of 3 See Rule 4770(b). See also Securities Exchange
of the Act,11 in general, and furthers the
the Proposed Rule Change Act Release No. 77456 (March 28, 2016), 81 FR objectives of Section 6(b)(5) of the Act,12
The Exchange proposes to amend 18925 (April 1, 2016) (SR–NASDAQ–2016–043). in particular, in that it is designed to
Rule 4770 to modify the date of
4 The Participants filed the Plan to comply with
prevent fraudulent and manipulative
an order issued by the Commission on June 24, acts and practices, promote just and
Appendix B Web site data publication 2014. See Letter from Brendon J. Weiss, Vice
pursuant to the Regulation NMS Plan to President, Intercontinental Exchange, Inc., to equitable principles of trade, to remove
Implement a Tick Size Pilot Program Secretary, Commission, dated August 25, 2014 impediments to and perfect the
(‘‘Plan’’). (‘‘SRO Tick Size Plan Proposal’’). See Securities mechanism of a free and open market
Exchange Act Release No 72460 (June 24, 2014), 79 and a national market system, and, in
The text of the proposed rule change FR 36840 (June 30, 2014); see also Securities
is available on the Exchange’s Web site Exchange Act Release No. 74892 (May 6, 2015), 80
at http://nasdaq.cchwallstreet.com, at FR 27513 (May 13, 2015). timing of the publication of Appendix C data for the
5 Unless otherwise defined herein, capitalized Pilot Period is needed.
the principal office of the Exchange, and 8 See Securities Exchange Act Release No. 73511
terms have the meaning ascribed to them in Rule
at the Commission’s Public Reference 4770. (November 3, 2014), 79 FR 66423 (November 7,
Room. 6 On November 30, 2016, the SEC granted 2014) (Notice of Filing of Proposed National Market
exemptive relief to the Participants to, among other System Plan to Implement a Tick Size Pilot Program
II. Self-Regulatory Organization’s things, delay the publication of Web site data on a One-Year Pilot Basis, File No. 4–657) (‘‘Tick
Statement of the Purpose of, and pursuant to Appendices B and C to the Plan until Size Plan Proposal’’).
9 See letters from Adam C. Cooper, Senior
Statutory Basis for, the Proposed Rule February 28, 2017, and to delay the ongoing Web
site publication by ninety days such that data Managing Director and Chief Legal Officer, Citadel
Change Securities, to Brent J. Fields, Secretary,
would be published within 120 calendar days
In its filing with the Commission, the following the end of the month. See Letter from Commission, dated December 21, 2016 (‘‘Citadel
David S. Shillman, Associate Director, Division of letter’’); and William Hebert, Managing Director,
Exchange included statements Financial Information Forum, to Robert W. Errett,
Trading and Markets, Commission, to Marcia E.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
concerning the purpose of and basis for Asquith, Senior Vice President and Corporate Deputy Secretary, Commission, dated December 21,
the proposed rule change and discussed Secretary, FINRA, dated November 30, 2016; see 2016 (‘‘FIF letter’’).
any comments it received on the also Securities Exchange Act Release No. 79546 10 In connection with its filing to implement a
proposed rule change. The text of these (December 14, 2016), 81 FR 92932 (December 20, similar change in its rules, the Financial Industry
2016) (SR–NASDAQ–2016–165). Regulatory Authority, Inc. is also submitting an
statements may be examined at the 7 Since, under Rule 4770(b)(4), Nasdaq is not exemptive request to the SEC on behalf of all Plan
independently publishing Market Maker Participants requesting relief from the relevant
15 17 CFR 200.30–3(a)(12). requirements of the Plan.
profitability data collected pursuant to Item I of
1 15 U.S.C. 78s(b)(1). 11 15 U.S.C. 78f(b).
Appendix C of the Plan, no corresponding change
2 17 CFR 240.19b-4. to the language of Rule 4770(b)(4) relating to the 12 15 U.S.C. 78f(b)(5).
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![14274 Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices
For the Commission, by the Division of DEPARTMENT OF STATE Highway Administration (FHWA),
Trading and Markets, pursuant to delegated Department of Transportation.
authority.20 [Public Notice: 9921]
ACTION: Federal notice of intent to
Eduardo A. Aleman, prepare an Environmental Impact
Notice of Determinations; Culturally
Assistant Secretary. Statement (EIS).
Significant Objects Imported for
[FR Doc. 2017–05344 Filed 3–16–17; 8:45 am] Exhibition Determinations: ‘‘Inventing
BILLING CODE 8011–01–P Utamaro: A Japanese Masterpiece SUMMARY: FHWA, on behalf of TxDOT,
Rediscovered’’ Exhibition is issuing this notice to advise the
public that an EIS will be prepared for
Notice is hereby given of the a proposed transportation project to
DEPARTMENT OF STATE following determinations: Pursuant to construct State Highway (SH) 190, from
[Public Notice: 9922] the authority vested in me by the Act of Interstate Highway (IH) 30 to IH 20,
October 19, 1965 (79 Stat. 985; 22 U.S.C. within southeast Dallas County.
Notice of Determinations; Culturally 2459), E.O. 12047 of March 27, 1978, the FOR FURTHER INFORMATION CONTACT:
Significant Object Imported for Foreign Affairs Reform and Travis Owens, P.E., Transportation
Exhibition Determinations: ‘‘Now Then: Restructuring Act of 1998 (112 Stat. Engineer, 4777 E. Highway 80,
Chris Killip and the Making of In 2681, et seq.; 22 U.S.C. 6501 note, et Mesquite, Texas 75150; telephone: (214)
Flagrante’’ Exhibition seq.), Delegation of Authority No. 234 of 320–6625; email: travis.owens@
October 1, 1999, Delegation of Authority txdot.gov. TxDOT’s normal business
Notice is hereby given of the No. 236–3 of August 28, 2000 (and, as
following determinations: Pursuant to hours are 8:00 a.m.—5:00 p.m., Monday
appropriate, Delegation of Authority No. through Friday.
the authority vested in me by the Act of 257–1 of December 11, 2015), I hereby
October 19, 1965 (79 Stat. 985; 22 U.S.C. SUPPLEMENTARY INFORMATION: The
determine that the objects to be
2459), E.O. 12047 of March 27, 1978, the included in the exhibition ‘‘Inventing environmental review, consultation, and
Foreign Affairs Reform and Utamaro: A Japanese Masterpiece other actions required by applicable
Restructuring Act of 1998 (112 Stat. Rediscovered,’’ imported from abroad Federal environmental laws for this
2681, et seq.; 22 U.S.C. 6501 note, et for temporary exhibition within the project are being, or have been, carried-
seq.), Delegation of Authority No. 234 of United States, are of cultural out by TxDOT pursuant to 23 U.S.C. 327
October 1, 1999, Delegation of Authority significance. The objects are imported and a Memorandum of Understanding
No. 236–3 of August 28, 2000 (and, as pursuant to a loan agreement with the dated December 16, 2014, and executed
appropriate, Delegation of Authority No. foreign owner or custodian. I also by FHWA and TxDOT. TxDOT will
257–1 of December 11, 2015), I hereby determine that the exhibition or display prepare an EIS for the proposed SH 190,
determine that an object to be included of the exhibit objects at the Arthur M. from IH 30 at the President George Bush
in the exhibition ‘‘Now Then: Chris Sackler Gallery, Smithsonian Turnpike interchange south to IH 20
Killip and the Making of In Flagrante,’’ Institution, Washington, District of within southeast Dallas County. The
imported from abroad for temporary Columbia, from on or about April 8, proposed SH 190 project is listed in the
exhibition within the United States, is 2017, until on or about July 9, 2017, and Metropolitan Transportation Plan of the
of cultural significance. The object is at possible additional exhibitions or North Central Texas Council of
imported pursuant to a loan agreement venues yet to be determined, is in the Governments (NCTCOG), Mobility 2040,
with the foreign owner or custodian. I national interest. I have ordered that as a new location six-lane tolled facility.
also determine that the exhibition or Public Notice of these Determinations Previously, a Notice of Intent to
display of the exhibit object at the J. be published in the Federal Register. prepare an EIS was published on July 1,
Paul Getty Museum at the Getty Center, For further information, including a 2005, in the Federal Register and the
Los Angeles, California, from on or list of the imported objects, contact the Texas Register and notification letters
about May 23, 2017, until on or about Office of Public Diplomacy and Public were sent to Federal, State and Tribal
August 13, 2017, and at possible Affairs in the Office of the Legal agencies to inform them of the study
additional exhibitions or venues yet to Adviser, U.S. Department of State and to request information. From 2005–
be determined, is in the national (telephone: 202–632–6471; email: 2014, TxDOT conducted planning
interest. I have ordered that Public section2459@state.gov). The mailing studies that developed and evaluated
Notice of these Determinations be address is U.S. Department of State, several tolled project alternatives along
published in the Federal Register. L/PD, SA–5, Suite 5H03, Washington, the 11-mile corridor. This effort has
For further information, including an DC 20522–0505. included the involvement of the public,
object list, contact the Office of Public local municipalities, and resource
Alyson Grunder, agencies, the sharing of information
Diplomacy and Public Affairs in the
Deputy Assistant Secretary for Policy, Bureau through stakeholder and agency
Office of the Legal Adviser, U.S.
of Educational and Cultural Affairs, meetings, the creation of a project Web
Department of State (telephone: 202– Department of State.
632–6471; email: section2459@ site (www.theeastbranch.org), and
[FR Doc. 2017–05314 Filed 3–16–17; 8:45 am] conducting four public meetings. The
state.gov). The mailing address is U.S.
Department of State, L/PD, SA–5, Suite BILLING CODE 4710–05–P new NOI signifies that TxDOT will
5H03, Washington, DC 20522–0505. restart the work preparing the EIS. The
EIS may use and rely on the planning
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Alyson Grunder, DEPARTMENT OF TRANSPORTATION studies already prepared.
Deputy Assistant Secretary for Policy, Bureau The project is needed to address
of Educational and Cultural Affairs, Federal Highway Administration north/south system linkage between IH
Department of State. 30 and IH 20 in southeast Dallas
[FR Doc. 2017–05318 Filed 3–16–17; 8:45 am] Environmental Impact Statement:
County. Currently, the only major
Dallas County, Texas
BILLING CODE 4710–05–P transportation facility within a
AGENCY: Texas Department of reasonable distance connecting these
20 17 CFR 200.30–3(a)(12). Transportation (TxDOT), Federal two interstates is IH 635, which is
VerDate Sep<11>2014 20:02 Mar 16, 2017 Jkt 241001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM 17MRN1](https://thefederalregister.org/doc/82_FR_14323/page/3.svg)
Document Created: 2017-03-17 02:48:53
Document Modified: 2017-03-17 02:48:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 82 FR 14272 |
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