[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Rules and Regulations]
[Page 26026-26030]
[DOCID:fr08my08-22]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA-B-7776]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Mitigation Assistant
Administrator of FEMA reconsider the changes. The modified BFEs may be
changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering
Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own, or pursuant to policies established by the
other Federal, State, or regional entities. The changes BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

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                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer    Effective date of modification   Community
                                                           notice was published         of community                                             No.
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Alabama: Lee......................  City of Opelika (07-   February 14, 2008;    The Honorable Gary         January 31, 2008...............       010145
                                     04-4788P).             February 21, 2008;    Fuller, Mayor, City of
                                                            Opelika-Auburn News.  Opelika, P.O. Box 390,
                                                                                Opelika, AL 36803-0390.
Arizona:
    Yavapai.......................  Town of Prescott       February 21, 2008;    The Honorable Harvey       June 27, 2008..................       040121
                                     Valley (07-09-1708P).  February 28, 2008;    Skoog, Mayor, Town of
                                                            Prescott Daily        Prescott Valley, 7501
                                                            Courier.              East Civic Circle,
                                                                                Prescott Valley, AZ
                                                                                86314.
    Yavapai.......................  Yavapai County (07-09- February 21, 2008;    The Honorable Chip Davis,  June 27, 2008..................       040093
                                     1708P).                February 28, 2008;    Chairman, Yavapai
                                                            Prescott Daily        County, Board of
                                                            Courier.              Supervisors 1015 Fair
                                                                                Street, Prescott, AZ
                                                                                86305.
Arkansas: Pope....................  City of Russellville   February 7, 2008;     The Honorable Raye         March 3, 2008..................       050178
                                     (07-06-2298P).         February 14, 2008;    Turner, Mayor, City of
                                                            The Courier.          Russellville, P.O. Box
                                                                                428, Russellville, AR
                                                                                72801.
California:
    Fresno........................  City of Coalinga (07-  February 6, 2008;     The Honorable Trish Hill,  February 25, 2008..............       060045
                                     09-1375P).             February 13, 2008;    Mayor, City of Coalinga,
                                                            Coalinga Record.      155 West Durian Avenue,
                                                                                Coalinga, CA 93210.
    Fresno........................  Fresno County (07-09-  February 6, 2008;     The Honorable Phil         February 25, 2008..............       065029
                                     1375P).                February 13, 2008;    Larson, Fresno County
                                                            Coalinga Record.      Board of Supervisors,
                                                                                2281 Tulare Street, 301
                                                                                Hall of Records, Fresno,
                                                                                CA 93721.
    Orange........................  City of Irvine, CA     February 14, 2008;    The Honorable Beth Krom,   May 22, 2008...................       060222
                                     (08-09-0082P).         February 21, 2008;    Mayor, City of Irvine,
                                                            Irvine World News.    P.O. Box 19575, Irvine,
                                                                                CA 92623.
    San Luis Obispo...............  Unincorporated areas   March 7, 2008; March  The Honorable James        July 14, 2008..................       060304
                                     of San Luis Obispo     14, 2008; The         Patterson, Chairman, San
                                     County (07-09-1955P).  Tribune.              Luis Obispo County Board
                                                                                of Supervisors, 1055
                                                                                Monterey Street, Room D-
                                                                                430, San Luis Obispo, CA
                                                                                93408.
Colorado: Adams...................  City of Thornton (08-  February 21, 2008;    The Honorable Erik         June 27, 2008..................       080007
                                     08-0056P).             February 28, 2008;    Hansen, Mayor, City of
                                                            Northglenn-Thornton   Thornton, 9500 Civic
                                                            Sentinel.             Center Drive, Thornton,
                                                                                CO 80229.
Delaware: Sussex..................  Unincorporated areas   February 13, 2008;    The Honorable George B.    May 21, 2008...................       100029
                                     of Sussex County (08-  February 20, 2008;    Cole, Sussex County
                                     03-0159P).             The Wave.             Council, P.O. Box 589,
                                                                                Georgetown, DE 19947.
Florida:
    Charlotte.....................  Unincorporated areas   January 31, 2008;     The Honorable Adam         January 17, 2008...............       120061
                                     of Charlotte County    February 7, 2008;     Cummings, Chairman,
                                     (07-04-6248P).         Charlotte Sun.        Charlotte County, Board
                                                                                of Commissioners 18500
                                                                                Murdock Circle, Port
                                                                                Charlotte, FL 33948.
    Collier.......................  City of Naples (07-04- February 7, 2008;     The Honorable Bill         January 28, 2008...............       125130
                                     6595P).                February 14, 2008;    Barnett, Mayor, City of
                                                            Naples Daily News.    Naples, 735 Eighth
                                                                                Street South, Naples, FL
                                                                                34102.
Georgia:
    Barrow........................  Unincorporated areas   February 13, 2008;    The Honorable Douglas H.   May 21, 2008...................       130497
                                     of Barrow County (07-  February 20, 2008;    Garrison, Chairman,
                                     04-6544P).             The Barrow County     Barrow County Board of
                                                            News.                 Commissioners, 233 East
                                                                                Broad Street, Winder, GA
                                                                                30680.
    Barrow........................  City of Winder (07-04- February 13, 2008;    The Honorable George       May 21, 2008...................       130234
                                     6544P).                February 20, 2008;    ``Chip'' Thompson, III,
                                                            The Barrow County     Mayor, City of Winder,
                                                            News.                 P.O. Box 566, Winder, GA
                                                                                30680.
    Chatham.......................  Unincorporated areas   January 15, 2008;     The Honorable Pete         April 22, 2008.................       130030
                                     of Chatham County      January 22, 2008;     Liakakis, Chairman,
                                     (07-04-6193P).         Effingham Herald.     Chatham County Board of
                                                                                Commissioners, 124 Bull
                                                                                Street, Suite 220,
                                                                                Savannah, GA 31401.
    Effingham.....................  Unincorporated areas   January 15, 2008;     The Honorable Verna H.     April 22, 2008.................       130076
                                     of Effingham County    January 22, 2008;     Phillips, Chairman,
                                     (07-04-6193P).         Effingham Herald.     Effingham County Board
                                                                                of Commissioners, 601
                                                                                North Laurel Street,
                                                                                Springfield, GA 31329.
Idaho:
    Ada...........................  Unincorporated areas   February 28, 2008;    The Honorable Fred         July 7, 2008...................       160001
                                     of Ada County (07-10-  March 6, 2008;        Tilman, Chairman, Ada
                                     0624P).                Idaho Statesman.      County Board of
                                                                                Commissioners, 200 West
                                                                                Front Street, Boise, ID
                                                                                83702.
    Ada...........................  City of Meridian (07-  February 28, 2008;    The Honorable Tammy De     July 7, 2008...................       160180
                                     10-0624P).             March 6, 2008;        Weerd, Mayor, City of
                                                            Idaho Statesman.      Meridian, 33 East Idaho
                                                                                Avenue, Meridian, ID
                                                                                83642-2300.
Illinois:
    St. Clair.....................  Unincorporated areas   February 7, 2008;     The Honorable Mark Kern,   May 15, 2008...................       170616
                                     of St. Clair County    February 14, 2008;    Chairman, St. Clair
                                     (07-05-5847P).         Belleville News-      County Board of
                                                            Democrat.             Commissioners, 10 Public
                                                                                Square, Belleville, IL
                                                                                62220.
    Will..........................  City of Joliet (08-05- January 31, 2008;     The Honorable Arthur       January 23, 2008...............       170702
                                     0389P).                February 7, 2008;     Schultz, Mayor, City of
                                                            Herald News.          Joliet, 150 West
                                                                                Jefferson Street,
                                                                                Joliet, IL 60431.

    Will..........................  City of Lockport (08-  February 14, 2008;    The Honorable Tim Murphy,  January 30, 2008...............       170703
                                     05-0065P).             February 21, 2008;    Mayor, City of Lockport,
                                                            Herald News.          222 East Ninth Street,
                                                                                Lockport, IL 60441.
Kansas:
    Douglas.......................  City of Lawrence (07-  February 7, 2008;     The Honorable Sue Hack,    January 28, 2008...............       200090
                                     07-0691P).             February 14, 2008;    Mayor, City of Lawrence,
                                                            Lawrence Daily        P.O. Box 708, Lawrence,
                                                            Journal-World.        KS 66044.
    Sedgwick......................  City of Wichita (08-   March 7, 2008; March  The Honorable Carl         February 26, 2008..............       200328
                                     07-0138P).             14, 2008; The         Brewer, Mayor, City of
                                                            Wichita Eagle.        Wichita, 455 North Main
                                                                                Street, Wichita, KS
                                                                                67202.
Maryland:
    Charles.......................  Unincorporated areas   March 5, 2008; March  The Honorable Wayne        July 11, 2008..................       240089
                                     of Charles County      12, 2008; Maryland    Cooper, President,
                                     (07-03-1449P).         Independent.          Charles County
                                                                                Commissioners, P.O. Box
                                                                                2150, La Plata, MD 20646.
    Montgomery....................  Unincorporated areas   February 27, 2008;    Mr. Isiah Leggett,         June 5, 2008...................       240049
                                     of Montgomery County   March 5, 2008; The    Montgomery County
                                     (08-03-0615X).         Gazette.              Executive, 101 Monroe
                                                                                Street, Second Floor,
                                                                                Rockville, MD 20850.
    Wicomico......................  City of Salisbury (07- January 31, 2008;     The Honorable Barrie       January 18, 2008...............       240080
                                     03-1102P).             February 7, 2008;     Tilghman, Mayor, City of
                                                            Daily Times.          Salisbury, 1009 Monitor
                                                                                Court, Salisbury, MD
                                                                                21801.
    Wicomico......................  Unincorporated areas   January 31, 2008;     Mr. Rick Pollitt,          January 18, 2008...............       240078
                                     of Wicomico County     February 7, 2008;     Wicomico County
                                     (07-03-1102P).         Daily Times.          Executive, P.O. Box 870,
                                                                                Salisbury, MD 21803.
Massachusetts:
    Norfolk.......................  Town of Wellesley (07- February 7, 2008;     The Honorable Owen H.      May 15, 2008...................       250255
                                     01-1131P).             February 14, 2008;    Dugan, Chairman, Town of
                                                            Wellesley Townsman.   Wellesley Board of
                                                                                Selectmen, 525
                                                                                Washington Street,
                                                                                Wellesley, MA 02181.
    Norfolk.......................  Town of Wellesley (08- March 6, 2008; March  The Honorable Owen H.      July 11, 2008..................       250255
                                     01-0508X).             13, 2008; Wellesley   Dugan, Chairman, Board
                                                            Townsman.             of Selectmen, 525
                                                                                Washington Street,
                                                                                Wellesley, MA 02181.
    Plymouth......................  Town of Rockland (08-  March 15, 2008;       The Honorable Mary         June 16, 2008;.................       250281
                                     01-0140P).             March 22, 2008;       Parsons, Chair, Board of
                                                            Rockland Standard.    Selectmen, Town of
                                                                                Rockland, 242 Union
                                                                                Street, Rockland, MA
                                                                                02370.
Michigan: Monroe..................  Village of Dundee (07- February 14, 2008;    The Honorable Ted Norris,  May 22, 2008...................       260313
                                     05-0218P).             February 21, 2008;    Village President,
                                                            The Monroe Evening    Village of Dundee,
                                                            News.                 Dundee Village Office,
                                                                                350 West Monroe Street,
                                                                                Dundee, MI 48131.
Missouri:
    Cass..........................  City of Harrisonville  March 28, 2008;       The Honorable Kevin W.     August 4, 2008.................       290068
                                     (07-07-1674P).         April 4, 2008;        Wood, Mayor, City of
                                                            Democrat Missourian.  Harrisonville, 300 East
                                                                                Pearl Street,
                                                                                Harrisonville, MO 64701.
    Lincoln.......................  Unincorporated areas   March 26, 2008;       The Honorable Sean         July 31, 2008..................       290869
                                     of Lincoln County      April 2, 2008; Troy   O'Brien, Presiding
                                     (07-07-1516P).         Free Press.           Commissioner, Lincoln
                                                                                County Commission, 201
                                                                                Main Street, Troy, MO
                                                                                63379.
New Jersey:
    Mercer........................  Township of Hamilton   February 7, 2008;     The Honorable John F.      May 15, 2008...................       340246
                                     (07-02-0844P).         February 14, 2008;    Bencivengo, Mayor,
                                                            Trenton Times.        Township of Hamilton,
                                                                                2090 Greenwood Avenue,
                                                                                Hamilton, NJ 08650-0150.
    Union.........................  Township of Union (07- February 21, 2008;    The Honorable Clifton      May 22, 2008...................       340477
                                     02-0942P).             February 28, 2008;    People, Jr., Mayor,
                                                            Union Leader.         Township of Union, 1976
                                                                                Morris Avenue, Union, NJ
                                                                                07083.
New York: Erie....................  Town of Lancaster (07- March 7, 2008; March  The Honorable Robert H.    August 28, 2008................       360249
                                     02-0974P).             14, 2008; Buffalo     Giza, Supervisor, Town
                                                            News.                 of Lancaster, 21 Central
                                                                                Avenue, Lancaster, NY
                                                                                14086.
Nebraska: Lincoln.................  City of North Platte   February 28, 2008;    The Honorable G. Keith     July 7, 2008...................       310143
                                     (07-07-0322P).         March 6, 2008;        Richardson, Mayor, City
                                                            North Platte          of North Platte, 211
                                                            Telegraph.            West Third Street, North
                                                                                Platte, NE 69101.
North Carolina:
    Brunswick.....................  Unincorporated Areas   March 6, 2008; March  Mr. Marty Lawing,          January 30, 2008...............       370295
                                     of Brunswick County    13, 2008; The         Manager, Brunswick
                                     (07-04-6003P).         Brunswick Beacon.     County, P.O. Box 249,
                                                                                Bolivia, North Carolina
                                                                                28422.
    Martin........................  Unincorporated Areas   March 11, 2008;       Mr. W. Russell Overman,    February 29, 2008..............       370155
                                     of Martin County (08-  March 18, 2008; The   Manager, Martin County,
                                     04-1028P).             Enterprise.           P.O. Box 668,
                                                                                Williamston, North
                                                                                Carolina 27892.
    Wake..........................  City of Raleigh (07-   February 4, 2008;     The Honorable Charles      February 29, 2008..............       370243
                                     04-3146P).             February 11, 2008;    Meeker, Mayor of the
                                                            The News & Observer.  City of Raleigh, P.O.
                                                                                Box 590, Raleigh, North
                                                                                Carolina 27602.
    Wake..........................  City of Raleigh (07-   February 7, 2008;     The Honorable Charles      May 14, 2008...................       370243
                                     04-4250P).             February 14, 2008;    Meeker, Mayor, City of
                                                            The News & Observer.  Raleigh, P.O. Box 590,
                                                                                222 West Hargett Street,
                                                                                Raleigh, North Carolina
                                                                                27602.

    Wake..........................  Unincorporated areas   January 31, 2008;     Mr. David Cooke, Manager,  May 8, 2008....................       370368
                                     of Wake County (07-    February 7, 2008;     Wake County, 337 South
                                     04-6027P).             The Wake Weekly.      Salisbury Street, Suite
                                                                                1100, Raleigh, NC 27602.
    Wake..........................  Town of Wake Forest    February 7, 2008;     The Honorable Vivian       May 14, 2008...................       370244
                                     (07-04-4250P).         February 14, 2008;    Jones, Mayor, Town of
                                                            The Wake Weekly.      Wake Forest, 401 Elm
                                                                                Avenue, Wake Forest,
                                                                                North Carolina 27587.
    Wake..........................  Town of Wake Forest    January 31, 2008;     The Honorable Vivian A.    May 8, 2008....................       370244
                                     (07-04-6027P).         February 7, 2008;     Jones, Mayor, Town of
                                                            The Wake Weekly.      Wake Forest, 401 Elm
                                                                                Avenue, Wake Forest, NC
                                                                                27587.
Ohio: Union.......................  Unincorporated areas   January 31, 2008;     The Honorable Charles      January 11, 2008...............       390808
                                     of Union County (07-   February 7, 2008;     Hall, Union County
                                     05-6234P).             Marysville Journal-   Commissioner, 233 West
                                                            Tribune.              Sixth Street,
                                                                                Marysville, OH 43040.
Oklahoma: Tulsa...................  City of Tulsa (08-06-  February 7, 2008;     The Honorable Kathy        May 15, 2008...................       405381
                                     0093P).                February 14, 2008;    Taylor, Mayor, City of
                                                            Tulsa World.          Tulsa, 200 Civic Center,
                                                                                11th Floor, Tulsa, OK
                                                                                74103.
Rhode Island: Newport.............  Town of Tiverton (07-  February 21, 2008;    The Honorable Louise       February 8, 2008...............       440012
                                     01-1087P).             February 28, 2008;    Durfee, President, Town
                                                            Newport Daily News.   Council, 343 Highland
                                                                                Road, Tiverton, RI 02878.
South Carolina:
    Greenville....................  Unincorporated areas   January 31, 2008;     The Honorable Herman G.    May 8, 2008....................       450089
                                     of Greenville County   February 7, 2008;     Kirven, Jr., Chairman,
                                     (07-04-6423P).         Greenville News.      Greenville County
                                                                                Council, 301 University
                                                                                Ridge, Suite 2400,
                                                                                Greenville, SC 29601.
    Jasper........................  Unincorporated areas   February 13, 2008;    The Honorable George       May 21, 2008...................       450112
                                     of Jasper County (07-  February 20, 2008;    Hood, Chairman, County
                                     04-6192P).             Jasper County Sun.    Council, Jasper County,
                                                                                P.O. Box 1149,
                                                                                Ridgeland, SC 29936.
Texas:
    Bexar.........................  City of Live Oak (07-  March 7, 2008; March  The Honorable Henry O.     July 14, 2008..................       480043
                                     06-1905P).             14, 2008; Daily       Edwards, Jr., Mayor,
                                                            Commercial Recorder.  City of Live Oak, 8001
                                                                                Shin Oak Drive, Live
                                                                                Oak, TX 78233.
    Bexar.........................  City of San Antonio    February 11, 2008;    The Honorable Phil         January 31, 2008...............       480045
                                     (08-06-0160P).         February 18, 2008;    Hardberger, Mayor, City
                                                            San Antonio Express-  of San Antonio, P.O. Box
                                                            News.                 839966, San Antonio, TX
                                                                                78283.
    Brazos........................  City of College        March 6, 2008; March  The Honorable Ben White,   July 11, 2008..................       480083
                                     Station (07-06-        13, 2008; Bryan       Mayor, City of College
                                     0545P).                College Station       Station, 1101 Texas
                                                            Eagle.                Avenue, College Station,
                                                                                TX 77840.
    Brazos........................  City of College        February 14, 2008;    The Honorable Ben White,   May 22, 2008...................       480083
                                     Station (07-06-        February 21, 2008;    Mayor, City of College
                                     1353P).                Bryan College         Station, 1101 Texas
                                                            Station Eagle.        Avenue, College Station,
                                                                                TX 77840.
    Brazos........................  City of College        February 14, 2008;    The Honorable Ben White,   May 22, 2008...................       480083
                                     Station (07-06-        February 21, 2008;    Mayor, City of College
                                     1928P).                Bryan College         Station, 1101 Texas
                                                            Station Eagle.        Avenue, College Station,
                                                                                TX 77840.
    Collin........................  City of Allen (07-06-  February 7, 2008;     The Honorable Steve        March 3, 2008..................       480131
                                     2335P).                February 14, 2008;    Terrell, Mayor, City of
                                                            Allen American.       Allen, 305 Century
                                                                                Parkway, Allen, TX 75013.
    Collin........................  City of Frisco (07-06- February 22, 2008;    The Honorable Michael      June 30, 2008..................       480134
                                     1223P).                February 29, 2008;    Simpson, Mayor, City of
                                                            Frisco Enterprise.    Frisco, 6101 Frisco
                                                                                Square Boulevard,
                                                                                Frisco, TX 75034.
     Dallas.......................  City of Grand Prairie  February 8, 2008;     The Honorable Charles      May 16, 2008...................       485472
                                     (07-06-1525P).         February 15, 2008;    England, Mayor, City of
                                                            Rowlett Lakeshore     Grand Prairie, P.O. Box
                                                            Times.                534045, Grand Prairie,
                                                                                TX 75053.
    Denton........................  Town of Northlake (07- March 6, 2008; March  The Honorable Peter        February 22, 2008..............       480782
                                     06-2016P).             13, 2008; Denton      Dewing, Mayor, Town of
                                                            Record-Chronicle.     Northlake, P.O. Box 729,
                                                                                Northlake, TX 76247.
    Tarrant.......................  City of Grapevine (07- March 7, 2008; March  The Honorable William D.   July 14, 2008..................       480598
                                     06-1674P).             14, 2008; Grapevine   Tate, Mayor, City of
                                                            Courier.              Grapevine, P.O. Box
                                                                                95104, Grapevine, TX
                                                                                76099.
    Tarrant.......................  City of North          February 28, 2008;    The Honorable Oscar        February 14, 2008..............       480607
                                     Richland Hills (07-    March 6, 2008;        Trevino, Jr., P.E.,
                                     06-1765P).             Dallas Morning News.  Mayor, City of North
                                                                                Richland Hills, 7301
                                                                                North East Loop 820,
                                                                                North Richland Hills, TX
                                                                                76180.
Virginia: Independent City........  City of Winchester     March 27, 2008;       The Honorable Elizabeth    March 17, 2008.................       510173
                                     (07-03-1236P).         April 3, 2008;        Minor, Mayor, City of
                                                            Winchester Star.      Winchester, 422 National
                                                                                Avenue, Winchester, VA
                                                                                22601.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: April 21, 2008;.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management
Agency.
[FR Doc. E8-10337 Filed 5-7-08; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Notices]
[Page 20389]
[FR Doc No: 2021-07908]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4511-DR; Docket ID FEMA-2021-0001]

Commonwealth of the Northern Mariana Islands; Amendment No. 2 to
Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of the Northern Mariana Islands (FEMA-4511-DR),
dated April 1, 2020, and related determinations.

DATES: This amendment was issued March 19, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of the Northern Mariana Islands is hereby amended
to include Individual Assistance limited to the Crisis Counseling
Program for those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of April 1, 2020.

    Individual Assistance limited to the Crisis Counseling Program
for all islands in the Commonwealth of the Northern Mariana Islands
(already designated for emergency protective measures [Category B]
not authorized under other Federal statutes, including direct
Federal assistance).

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Robert J. Fenton,
Senior Official Performing the Duties of the Administrator, Federal
Emergency Management Agency.
[FR Doc. 2021-07908 Filed 4-16-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Page 8595]
[FR Doc No: 2022-03191]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2022-0044]

Certificates of Alternative Compliance for the Thirteenth Coast
Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notification of issuance of a certificate of alternative
compliance.

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SUMMARY: The Coast Guard announces that the Chief of Prevention
Division, Thirteenth Coast Guard District has issued certificates of
alternative compliance from the International Regulations for
Preventing Collisions at Sea, 1972 (72 COLREGS), for the AGAMENTICUS
HULL 68, BAKER, HULL 71, DECEPTION HULL 69, OLYMPUS HULL 70, RAINIER
HULL 67, SENTINEL HULL 72. Due to the construction and placement of the
sidelights, these vessels cannot fully comply with the light, shape, or
sound signal provisions of the 72 COLREGS without interfering with
their design and construction. We are issuing this notice because its
publication is required by statute. This notification of issuance of a
certificate of alternative compliance promotes the Coast Guard's marine
safety mission.

DATES: The Certificates of Alternative Compliance were issued on
January 14, 2022.

FOR FURTHER INFORMATION CONTACT: For information or questions about
this notice, call or email Ms. Jill L. Lazo Thirteenth District, U.S.
Coast Guard; telephone<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: The United States is signatory to the
International Maritime Organization's International Regulations for
Preventing Collisions at Sea, 1972 (72 COLREGS), as amended. The
special construction or purpose of some vessels makes them unable to
comply with the light, shape, or sound signal provisions of the 72
COLREGS. Under statutory law, however, specified 72 COLREGS provisions
are not applicable to a vessel of special construction or purpose if
the Coast Guard determines that the vessel cannot comply fully with
those requirements without interfering with the special function of the
vessel.\1\
---------------------------------------------------------------------------

    \1\ 33 U.S.C. 1605.
---------------------------------------------------------------------------

    The owner, builder, operator, or agent of a special construction or
purpose vessel may apply to the Coast Guard District Office in which
the vessel is being built or operated for a determination that
compliance with alternative requirements is justified,\2\ and the Chief
of the Prevention Division would then issue the applicant a certificate
of alternative compliance (COAC) if he or she determines that the
vessel cannot comply fully with 72 COLREGS light, shape, and sound
signal provisions without interference with the vessel's special
function.\3\ If the Coast Guard issues a COAC, it must publish notice
of this action in the Federal Register.\4\
---------------------------------------------------------------------------

    \2\ 33 CFR 81.5.
    \3\ 33 CFR 81.9.
    \4\ 33 U.S.C. 1605(c) and 33 CFR 81.18.
---------------------------------------------------------------------------

    The Chief of Prevention Division, Thirteenth Coast Guard District,
U.S. Coast Guard, certifies that the AGAMENTICUS HULL 68, BAKER HULL
71, DECEPTION HULL 69, OLYMPUS HULL 70, RAINIER HULL 67, SENTINEL HULL
72 are towing vessels of special construction or purpose, and that,
with respect to the position of the side lights, it is not possible to
comply fully with the requirements of the provisions enumerated in the
72 COLREGS, without interfering with the normal operation,
construction, or design of the vessel. The Chief of Prevention
Division, Thirteenth Coast Guard District, U.S. Coast Guard, further
finds and certifies that the sidelights are in the closest possible
compliance with the applicable provisions of the 72 COLREGS.\5\
---------------------------------------------------------------------------

    \5\ 33 U.S.C. 1605(a); 33 CFR 81.9.
---------------------------------------------------------------------------

    This notice is issued under authority of 33 U.S.C. 1605(c) and 33
CFR 81.18.

    Dated: February 9, 2022.
P.C. Burkett,
Captain, U.S. Coast Guard, Chief, Prevention Division, Thirteenth Coast
Guard District.
[FR Doc. 2022-03191 Filed 2-14-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 75 (Thursday, April 18, 2013)]
[Notices]
[Pages 23320-23321]
[FR Doc No: 2013-09123]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69369; File No. SR-BYX-2013-008]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proposed Rule
Change Amending the Attestation Requirement of Rule 11.24 Allowing a
Retail Member Organization To Attest That ``Substantially All'' Orders
Submitted to The Retail Price Improvement Program Will Qualify as
``Retail Orders''

 April 12, 2013.
    On February 12, 2013, BATS Y-Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``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 allow Retail Member Organizations (``RMOs'') to
attest that ``substantially all,'' rather than all, orders submitted to
the Retail Price Improvement Program qualify as ``Retail Orders.'' The
proposed rule change was published for comment in the Federal Register
on March 1, 2013.\3\ To date, the Commission has received one comment
on the proposal.\4\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 68975 (Feb. 25,
2013), 78 FR 13915.
    \4\ See Letter to the Commission from Theodore R. Lazo, Managing
Director and Associate General Counsel, Securities Industry and
Financial Markets Association (SIFMA), dated March 11, 2013.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \5\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is April 15, 2013.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period to take action on the proposed
rule changes so that it has sufficient time to consider the Exchange's
proposal, which would lessen the attestation requirements of

RMOs that submit ``Retail Orders'' eligible to receive potential price
improvement through the Retail Price Improvement Program, and to
consider the comment letter that has been submitted in connection with
the proposed rule change.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\6\ designates May 30, 2013, as the date by which the Commission
should either approve or disapprove, or institute proceedings to
determine whether to disapprove, the proposed rule change (File No. SR-
BYX-2013-008).
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2).
    \7\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-09123 Filed 4-17-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Notices]
[Pages 79732-79734]
[FR Doc No: 2011-32755]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65993; File No. SR-DTC-2011-11]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Rules Relating To Update DTC's Custody Service Guide

 December 16, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on December 7, 2011, The
Depository Trust Company (``DTC'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change described
in Items I and II below, which items have been prepared primarily by
DTC. DTC filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act and Rule 19b-4(f)(4) thereunder so that the
proposed rule change was effective upon filing with the Commission.\2\
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested parties.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(iii) and 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The purpose of this proposed rule change is to update DTC's Custody
Service Guide in order to streamline the

document and to mitigate certain risks associated with custody
processes.\3\
---------------------------------------------------------------------------

    \3\ The text of the proposed rule change is attached as Exhibit
5 to DTC's filing, which is available at www.dtcc.com/downloads/legal/rule_filings/2011/dtc/2011-11.pdf.
---------------------------------------------------------------------------

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, DTC 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. DTC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\4\
---------------------------------------------------------------------------

    \4\ The Commission has modified the text of the summaries
prepared by DTC.
---------------------------------------------------------------------------

(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

(1) Purpose
    DTC's custody service enables DTC participants to deposit
securities with DTC for safe-keeping. Certificates deposited through
the custody service (``Custody Issue'') are held by DTC but remain
registered in the name of the participant's customer or in the name of
the participant (i.e., the securities are not registered in DTC's
nominee name, Cede & Co.). Therefore, a security deposited through the
custody service is not eligible for DTC's book-entry services, but may
be eligible for other depository services, unless the depositing
participant directs DTC to transfer the position originally credited to
the participant's custody free account to the participant's general
free account.
    DTC is proposing to update its Custody Service Guide in order to
streamline the document and to address certain risks associated with
various aspects of its custody processes. Specifically, DTC is
proposing, among other technical changes, to clarify its rules relating
to imaging requests and required methods of notification in order to
provide a more concise and coherent description of the procedures. In
order to mitigate risks associated with the use of Medallion Signature
Guarantee stamps, Attorney Release stamps, and Tax waiver/Cede & Co.
Assignment stamps, DTC is also proposing to update its procedures
regarding the process used at DTC to safeguard the use and storage of
such stamps.\5\ Finally, DTC is proposing to remove the detailed
narrative describing its branch deposit services because the
description of this service and participants' compliance obligations
are currently described in DTC's Deposit Service Guide.\6\
---------------------------------------------------------------------------

    \5\ When processing certificates in connection with its custody
services, DTC may use a participant's Medallion Signature Guarantee
stamp, Attorney Release stamp, Tax waiver/Cede & Co. Assignment
stamp, or any combination of these stamps to facilitate making
negotiable a participant's securities for transfer or sale in
accordance with the participant's instructions.
    \6\ The language DTC is proposing to eliminate from the Custody
Service Guide continues to be included in the Deposits Service
Guide.
---------------------------------------------------------------------------

(2) Statutory Basis
    The proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to DTC because
the proposed revisions to the procedures associated with DTC's custody
service should facilitate the prompt and accurate clearance and
settlement of securities transactions by reducing the costs,
inefficiencies and risks associated with the physical safekeeping of
securities. In so doing, these revisions should in turn also enhance
the use of DTC's existing services.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    DTC does not believe that the proposed rule change would impose any
burden on competition.

(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants or Others

    Written comments relating to the proposed rule change have not been
solicited DTC. DTC will notify the Commission of any written comments
received by DTC.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A)(iii) of the Act \7\ and Rule 19b-4(f)(4) \8\
thereunder because it is a change in an existing service that does not
adversely affect the safeguarding of securities or funds in the custody
or control of the clearing agency and does not significantly affect the
respective rights or obligations of the clearing agency or persons
using the service. At any time within sixty days of the filing of such
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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

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 (http://www.sec.gov/rules/sro.shtml) or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-DTC-2011-11 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-DTC-2011-11. 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 Section, 100 F Street
NE., Washington, DC 20549-1090, on official business days between the
hours of 10 a.m. and 3 p.m. Copies of such filings will also be
available for inspection and copying at the principal office of NSCC
and on NSCC's Web site at http://www.dtcc.com/downloads/legal/rule_filings/2011/dtc/2011-11.pdf. 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-DTC-2011-11 and should be submitted on or before January
12, 2012.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-32755 Filed 12-21-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 19, 2006 (Volume 71, Number 97)]
[Notices]
[Page 29205-29206]
[DOCID:fr19my06-96]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53800; File No. SR-NYSE-2006-26]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Establishment of a NYSE TradeWorks Usage Fee

May 15, 2006.
    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 April 20, 2006, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the NYSE. The Exchange
has designated this proposal as one establishing or changing a due, fee
or other charge imposed by the Exchange under Section 19(b)(3)(A),\3\
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to establish a fee to be paid by Member
Organizations \5\ that wish to continue to use the Exchange's
proprietary order management system, NYSE TradeWorksSM
(``TradeWorks''),\6\ for the period from the date of this filing (April
20, 2006) until December 31, 2006.
---------------------------------------------------------------------------

    \5\ See NYSE Rule 2(b).
    \6\ According to the Exchange, the NYSE TradeWorks is a
messaging system, which enables Member Organizations' broker booths
on the floor to communicate with their trading desks and floor
brokers. TradeWorks is not used to send orders to the floor.
Instead, TradeWorks is primarily used by the brokers' booth clerks
to receive requests for ``market looks'' (quick evaluations of
trading interest in a particular security) from the trading desk and
route them to the floor brokers to respond to those requests.
Telephone conversation between John Carey, Assistant General
Counsel, NYSE, and Johnna B. Dumler, Attorney, Division of Market
Regulation, Commission, on May 12, 2006.
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the NYSE's Web
site at http://www.nyse.com, the NYSE's Office of the Secretary, 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, NYSE included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposal. The text of these
statements may be examined at the places specified in Item IV below.
NYSE 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    According to the NYSE, it has provided TradeWorks to Member
Organizations free of charge. The Exchange expects to be able to
introduce a new order management system in place of TradeWorks at the
beginning of 2007. In the interim, the Exchange had planned to
discontinue TradeWorks as of the end of March 2006, and estimated that
this would save it approximately $2 million over the course of the nine
months before the scheduled implementation of the new system. However,
a number of Member Organizations expressed a desire to continue to use
TradeWorks for the remainder of 2006. To accommodate this request, the
Exchange will continue to provide TradeWorks to those Member
Organizations who have agreed to bear a portion of the cost of
maintaining the system for that period. The Exchange proposes that each
Member Organization wishing to continue to use TradeWorks pay a portion
of the costs

associated with the maintenance of TradeWorks. The Exchange will bear
the remaining cost.
    According to the Exchange, this arrangement will entail a payment
by each Member Organization who elects to continue to use TradeWorks of
$10,000 for each percentage point of usage attributable to that Member
Organization, allocated according to each Member Organization's usage
of TradeWorks based on usage data for February 2006. The fee will be
billed in nine monthly installments. The Exchange submits that
seventeen Member Organizations, representing approximately 35% of
February 2006 usage, have agreed to continue to use TradeWorks on these
terms, representing a total billing of $358,500. The Exchange will not
permit Member Organizations to use TradeWorks that have not agreed in
advance to the foregoing payment as a fee covering the entire period
from the date of this filing until December 31, 2006.
2. Statutory Basis
    The NYSE believes that the proposed rule change is consistent with
Section 6(b) of the Act,\7\ in general, and furthers the objectives of
Section 6(b)(4) of the Act,\8\ in particular, in that it is designed to
assure the equitable allocation of reasonable dues, fees and other
charges among its members and issuers and other persons using its
facilities.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The NYSE does not believe that the proposed rule change will impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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 has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\10\ since it establishes or changes a due, fee or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary of appropriate
in the public interest, for the protection of investors, or otherwise
in the 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 (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2006-26 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2006-26. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Section. Copies of such
filing also will be available for inspection and copying at the
principal office of the NYSE. 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 No. SR-NYSE-2006-26 and should be submitted on or before June 9,
2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6-7641 Filed 5-18-06; 8:45 am]

BILLING CODE 8010-01-P