[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Notices]
[Pages 83121-83125]
[FR Doc No: 2020-28008]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90675; File No. SR-NYSEArca-2020-54]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Amendment No. 1 and Order Instituting Proceedings To Determine
Whether To Approve or Disapprove a Proposed Rule Change, as Modified by
Amendment No. 1, To Amend NYSE Arca Rule 5.3-E To Exempt Registered
Investment Companies That List Certain Categories of the Securities
Defined as Derivative and Special Purpose Securities Under NYSE Arca
Rules From Having To Obtain Shareholder Approval Prior to the Issuance
of Securities in Connection With Certain Acquisitions of the Stock or
Assets of an Affiliated Company

December 15, 2020.

I. Introduction

    On August 28, 2020, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend NYSE Arca Rule 5.3-E (Corporate
Governance and Disclosure Policies) to exempt certain categories of
derivative and special purpose securities from the requirement to
obtain shareholder approval prior to the issuance of securities in
connection with certain acquisitions of the stock or assets of another
company. The

proposed rule change was published for comment in the Federal Register
on September 17, 2020.\3\ On October 30, 2020, pursuant to Section
19(b)(2) of the Exchange Act,\4\ the Commission designated a longer
period within which to approve the proposed rule change, disapprove the
proposed rule change, or institute proceedings to determine whether to
disapprove the proposed rule change.\5\ On December 1, 2020, the
Exchange filed Amendment No. 1 to the proposed rule change, which
superseded the proposed rule change as originally filed.\6\ The
Commission has received no comments on the proposed rule change. The
Commission is publishing this notice and order to solicit comments on
the proposed rule change, as modified by Amendment No. 1, from
interested persons, and to institute proceedings pursuant to Section
19(b)(2)(B) of the Exchange Act \7\ to determine whether to approve or
disapprove the proposed rule change, as modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 89834 (September 11,
2020), 85 FR 58090 (``Original Proposal'').
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 90297, 85 FR 70701
(November 5, 2020). The Commission designated December 16, 2020, as
the date by which the Commission shall approve or disapprove, or
institute proceedings to determine whether to disapprove, the
proposed rule change.
    \6\ In Amendment No. 1, the Exchange: (1) Removed from the
proposed rule text a condition that the proposed exemption from the
Exchange's shareholder approval requirement would apply only to a
transaction that does not require shareholder approval under Rule
17a-8 (as defined herein); (2) removed the related discussion in the
proposed rule change about why the Exchange believed it would have
been appropriate to only exempt transactions that do not require
shareholder approval under Rule 17a-8; (3) removed statements in its
purpose section that incorrectly stated that Rule 17a-8 exempts the
acquiring company from obtaining shareholder approval under certain
conditions; (4) supplemented its discussion of why the Exchange
believes it is appropriate to exempt an issuer of 1940 Act
Securities (as defined herein) from obtaining shareholder approval
in the context of a merger of affiliated companies in light of its
revised discussion of Rule 17a-8's shareholder approval
requirements; and (5) made other clarifications, corrections, and
technical changes. Amendment No. 1 is available on the Commission's
website at https://www.sec.gov/rules/sro/nysearca.htm.
    \7\ 15 U.S.C. 78s(b)(2)(B).
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II. The Exchange's Description of the Proposed Rule Change, as Modified
by Amendment No. 1

    In its filing with the Commission, the self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    NYSE Arca Rule 5.3-E(d)(9) requires issuers to obtain shareholder
approval in connection with the acquisition of the stock or assets of
another company, in the following circumstances:
    (i) If any director, officer, or substantial shareholder of the
listed company has a 5% or greater interest (or such persons
collectively have a 10% or greater interest), directly or indirectly,
in the company or assets to be acquired or in the consideration to be
paid in the transaction (or series of related transactions) and the
present or potential issuance of common stock, or securities
convertible into or exercisable for common stock, could result in an
increase in outstanding common shares or voting power of 5% or more; or
    (ii) where the present or potential issuance of common stock, or
securities convertible into or exercisable for common stock (other than
in a public offering for cash), could result in an increase in
outstanding common shares of 20% or more or could represent 20% or more
of the voting power outstanding before the issuance of such stock or
securities.
    The Exchange proposes to exempt issuers of certain categories of
derivative and special purpose securities \8\ from having to comply
with this requirement when they issue securities in connection with the
acquisition of the stock or assets of an affiliated company. In
general, the requirement to obtain shareholder approval prior to the
issuance of securities in connection with certain acquisitions of the
stock or asset of another company is designed to give existing
shareholders a vote on the issuance of stock that may dilute their
voting or economic rights. The Exchange notes that NYSE Arca Rule 5.3-
E(d)(9) is also intended to give shareholders a vote on transactions
where a director, officer, or substantial shareholder of the listed
company has a significant interest in the company or assets to be
acquired or the consideration to be paid and therefore may benefit from
the transaction. Due to the unique nature of 1940 Act Securities as
well as Rule 17a-8 \9\ (Mergers of affiliated companies) under the 1940
Act (``Rule 17a-8''), the Exchange believes that these concerns are
limited with respect to the holders of such securities. Therefore, the
Exchange believes it is appropriate to exempt issuers of 1940 Act
Securities from having to obtain shareholder approval under Exchange
rules which can be both time consuming and expensive.
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    \8\ The Exchange proposes to exempt the following categories of
derivative and special purpose securities: securities listed
pursuant to Rules 5.2-E(h) (Unit Investment Trusts), 5.2-E(j)(3)
(Investment Company Units), 5.2-E(j)(8) (Exchange-Traded Fund
Shares), 8.100-E (Portfolio Depositary Receipts), 8.600-E (Managed
Fund Shares), 8.601-E (Active Proxy Portfolio Shares) and 8.900-E
(Managed Portfolio Shares) (collectively, the ``1940 Act
Securities''). Each of the aforementioned categories of derivative
and special purpose securities are issued by an entity organized
under the Investment Company Act of 1940 (the ``1940 Act'').
    \9\ 17 CRF 270.17a-8.
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    The Exchange believes that the potential economic dilution concerns
sometimes associated with a large share issuance are unlikely to be
present when an issuer of a 1940 Act Security issues shares in
connection with the acquisition of the stock or assets of an affiliated
company. As described above, the proposed exemption will only apply to
issuers of derivative and special purpose securities organized under
the 1940 Act.\10\ Rule 17a-8 exempts such issuers from prohibitions
under the 1940 Act on certain transactions with affiliated persons,
provided that, in connection with the merger with an affiliated
investment company, the board of directors, including a majority of the
directors that are not interested persons, affirmatively determine that
(i) participation in the merger is in the best interest of their
respective investment company, and (ii) the interests of their
shareholders will not be diluted as a result of the transaction.\11\
Because the board of directors must make an affirmative determination
that the merger is not dilutive to existing shareholders, the shares
issued by the acquiring investment company are issued at a price equal
to the fund's net asset value.\12\ While the Exchange notes that the
shares are issued at a fund's net asset value when the fund is
registered, the requirements of Rule 17a-8 also protect against
dilution when the fund to be acquired is unregistered. Specifically,
Rule 17a-8(a)(2)(iii) requires that where a fund is acquiring

the assets of an unregistered fund, the board have procedures in place
for the valuation of assets. Such procedures must include procedures
that provide for a report to be prepared by an independent evaluator to
provide a valuation for assets to be acquired.
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    \10\ Approximately 88% of securities listed on the Exchange are
issued by investment companies registered under the 1940 Act.
    \11\ 17 CRF 270.17a-8.
    \12\ The Exchange notes that the proposing releases for Rule
17a-8 specifically contemplated that, in certain circumstances, the
price paid may deviate from a fund's net asset value due to
adjustments for tax purposes. See Investment Company Act Release No.
25259 at Footnote 26.
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    The Exchange believes that the same provisions of Rule 17a-8 that
protect against economic dilution also provide safeguards for existing
shareholders when the transaction involves a director, officer, or
substantial shareholder of the listed company that has a significant
interest in the company or assets to be acquired or the consideration
to be paid and therefore may benefit from the transaction. Because the
board must make an affirmative decision that the transaction is in the
best interest of its shareholders and that the transaction will not
result in economic dilution for existing shareholders, there is reduced
concern that existing shareholders will be disenfranchised as a result
of the Exchange's proposed exemption.
    Under Rule 17a-8 shareholders of funds being acquired by an
affiliated company have the opportunity to vote on the proposed merger
unless certain conditions are met. However, Rule 17a-8 does not require
the acquiring fund (i.e., the fund issuing shares in the merger) to
obtain the approval of its shareholders. When the Securities and
Exchange Commission (the ``Commission'') proposed amendments to Rule
17a-8, it specifically sought comment on whether the outstanding voting
securities of the fund that will survive the merger should also be
required to approve the merger.\13\ Importantly, the Commission
ultimately did not include a requirement of approval of shareholders of
an acquiring fund in its final rule.
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    \13\ See Investment Company Act Release No. 25259 at Section
II(A)(2)(a): ``Should the outstanding voting securities of the fund
that will survive the merger also be required to approve the
merger?''
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    Given that the Commission's rules do not require an issuer of 1940
Act Securities to obtain shareholder approval in the context of a
merger of affiliated companies, the Exchange believes it is appropriate
to exempt such issuers of 1940 Act Securities from having to comply
with NYSE Arca Rule 5.3-E(d)(9).
    As described above, the Exchange only proposes to exempt issuers of
1940 Act Securities from having to comply with NYSE Arca Rule 5.3-
E(d)(9) if they are issuing shares to acquire the stock or assets of an
affiliated company. Notwithstanding the proposed exemption, the
Exchange notes that other provisions of Exchange rules or the 1940 Act
may require shareholder approval and will still apply.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Exchange Act,\14\ in general, and furthers the
objectives of Section 6(b)(5) of the Exchange Act,\15\ in particular in
that it is designed to promote just and equitable principles of trade,
to foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in securities, to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed amendment is consistent
with the protection of investors, as the unique nature of 1940 Act
Securities, as well as protections afforded by Rule 17a-8, means that
(i) there is little risk of economic dilution to existing shareholders
as a result of an issuance of shares by an issuer of 1940 Act
Securities in connection with the acquisition of the stock or assets of
an affiliated company, and (ii) existing shareholders are unlikely to
be disenfranchised as a result of a Rule 17a-8-compliant transaction
that involves a director, officer, or substantial shareholder of the
listed company that has a significant interest in the company or assets
to be acquired or the consideration to be paid.
    The Exchange further believes its proposal is consistent with the
protection of investors because its proposal is limited to issuers of
derivative and special purpose securities that are organized under the
1940 Act. In the case of a merger of affiliated investment companies,
the board of directors of each investment company, including a majority
of the directors that are not interested persons of the respective
investment company, must affirmatively determine that (i) participation
in the merger is in the best interest of their respective investment
company, and (ii) the interests of their shareholders will not be
diluted as a result of the transaction. Because the interests of
shareholders in such a transaction cannot be diluted, shares issues by
one investment company to acquire the stock or assets of an affiliated
investment company are issued at a price equal to the acquiring fund's
net asset value. Because of the safeguards embedded in Rule 17a-8, as
described above, the Exchange also believes that there are reduced
concerns about economic dilution when the transaction involves a merger
with an affiliate unregistered fund.
    The Exchange believes that the same provisions of Rule 17a-8 that
protect against economic dilution also provide safeguards for existing
shareholders when the transaction involves a director, officer, or
substantial shareholder of the listed company that has a significant
interest in the company or assets to be acquired or the consideration
to be paid and therefore may benefit from the transaction. Because the
board must make an affirmative decision that the transaction is in the
best interest of its shareholders and that the transaction will not
result in economic dilution for existing shareholders, the is reduced
concern that existing shareholders will be disenfranchised as a result
of the Exchange's proposed exemption.
    Rule 17a-8 proscribes when shareholder approval is required in the
context of a merger of affiliated companies. Although shareholders of
the company being acquired have a right to vote on the merger under
certain circumstances, Rule 17a-8 does not require the shareholders of
the acquiring company to approve the transaction. Accordingly, the
Exchange believes it is appropriate to exempt issuers of 1940 Act
Securities from the requirements of NYSE Arca Rule 5.3-E(d)(9) in this
same limited circumstance.
    Notwithstanding the proposed exemption described above, the
Exchange notes that other provisions of Exchange rules or the 1940 Act
may require shareholder approval and will still apply.
    The Exchange believes it is not unfairly discriminatory to offer
the exemption only to issuers of 1940 Act Securities completing a
merger with an affiliated company, as opposed to all issuers of
derivative and special purpose securities, because only 1940 Act
Securities are subject to the requirements of the 1940 Act which offer
the protections against dilution and self-dealing described herein.

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 that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed amendment will
not impose

any burden on competition, as they simply propose to offer 1940 Act
Securities a limited exemption for the Exchange's shareholder approval
rule in a specific circumstance where the Exchange believes there is a
low risk of dilution to existing shareholders.

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. Proceedings To Determine Whether To Approve or Disapprove SR-
NYSEArca-2020-54, as Modified by Amendment No. 1, and Grounds for
Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Exchange Act \16\ to determine whether the proposed
rule change, as modified by Amendment No. 1, should be approved or
disapproved. Institution of such proceedings is appropriate at this
time in view of the legal and policy issues raised by the proposed rule
change. Institution of proceedings does not indicate that the
Commission has reached any conclusions with respect to any of the
issues involved. Rather, as described below, the Commission seeks and
encourages interested persons to provide comments on the proposed rule
change to inform the Commission's analysis of whether to approve or
disapprove the proposal.
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    \16\ 15 U.S.C. 78s(b)(2)(B).
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    Pursuant to Section 19(b)(2)(B) of the Exchange Act,\17\ the
Commission is providing notice of the grounds for disapproval under
consideration. The Commission is instituting proceedings to allow for
additional analysis of the proposed rule change's consistency with the
Exchange Act, and, in particular, with Section 6(b)(5) of the Exchange
Act, which requires, among other things, that the rules of a national
securities exchange be designed to prevent fraudulent and manipulative
acts and practices, to 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 general, to protect
investors and the public interest.\18\
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    \17\ Id.
    \18\ 15 U.S.C. 78f(b)(5).
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    As discussed above, the Exchange is proposing to exempt issuers of
registered investment companies that list certain categories of
derivative and special purpose securities, including ETFs, from the
requirement to obtain shareholder approval prior to substantial
issuances of securities in connection with the acquisition of stock or
assets of an affiliated company. The Exchange conditions its proposed
exemption on, among other things, the transaction complying with Rule
17a-8 under the Investment Company Act of 1940, which requires that the
board of directors of each company participating in such a merger
determine that participation in the merger is in the best interests of
the company and that the interests of the company's shareholders will
not be diluted as a result of the merger. In its Original Proposal,
however, the Exchange erroneously described Rule 17a-8 as exempting an
acquiring company from its shareholder approval requirements subject to
certain conditions, when in fact that provision only applies to the
non-surviving acquired company, and the Exchange justified its proposal
in part on that misunderstanding. On December 1, 2020, the Exchange
filed Amendment No. 1 that replaced and superseded its Original
Proposal, and attempted to correct the erroneous description of Rule
17a-8.\19\ The Exchange also made related changes to its proposed rule
text and justification. Given the filing of this recent amendment, the
Commission is seeking additional public comment on the proposed rule
change in order to determine whether it is consistent with the
requirements of Section 6(b)(5) of the Act.
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    \19\ See supra note 6.
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    The Commission notes that, under the Commission's Rules of
Practice, the ``burden to demonstrate that a proposed rule change is
consistent with the Exchange Act and the rules and regulations
thereunder . . . is on the self-regulatory organization [`SRO'] that
proposed the rule change.'' \20\ The description of a proposed rule
change, its purpose and operation, its effect, and a legal analysis of
its consistency with applicable requirements must all be sufficiently
detailed and specific to support an affirmative Commission finding,\21\
and any failure of an SRO to provide this information may result in the
Commission not having sufficient basis to make an affirmative finding
that a proposed rule change is consistent with the Exchange Act and the
applicable rule and regulations.\22\
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    \20\ Rule 700(b)(3), Commission Rules of Practice, 17 CFR
201.700(b)(3).
    \21\ See id.
    \22\ See id.
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    For these reasons, the Commission believes it is appropriate to
institute proceedings pursuant to Section 19(b)(2)(B) of the Exchange
Act \23\ to determine whether the proposal should be approved or
disapproved.
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    \23\ 15 U.S.C. 78s(b)(2)(B).
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IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposed rule
change, as modified by Amendment No. 1, is consistent with Section
6(b)(5) or any other provision of the Exchange Act, or the rules and
regulations thereunder. Although there do not appear to be any issues
relevant to approval or disapproval that would be facilitated by an
oral presentation of views, data, and arguments, the Commission will
consider, pursuant to Rule 19b-4, any request for an opportunity to
make an oral presentation.\24\
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    \24\ Section 19(b)(2) of the Exchange Act, as amended by the
Securities Act Amendments of 1975, Pub. L. 94-29 (June 4, 1975),
grants the Commission flexibility to determine what type of
proceeding--either oral or notice and opportunity for written
comments--is appropriate for consideration of a particular proposal
by a self-regulatory organization. See Securities Act Amendments of
1975, Senate Comm. on Banking, Housing & Urban Affairs, S. Rep. No.
75, 94th Cong., 1st Sess. 30 (1975).
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    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposed rule change, as modified by
Amendment No. 1, should be approved or disapproved by January 11, 2021.
Any person who wishes to file a rebuttal to any other person's
submission must file that rebuttal by January 25, 2021.
    The Commission asks that commenters address the sufficiency of the
Exchange's statements in support of the proposal, which are set forth
in Amendment No. 1,\25\ in addition to any other comments they may wish
to submit about the proposed rule change.
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    \25\ See supra note 6.
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    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-NYSEArca-2020-54 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-NYSEArca-2020-54. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2020-54 and should be submitted
on or before January 11, 2021. Rebuttal comments should be submitted by
January 25, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
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    \26\ 17 CFR 200.30-3(a)(12) and 17 CFR 200.30-3(a)(57).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-28008 Filed 12-18-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 11, 2006 (Volume 71, Number 69)] [CORRECTIONS]                [Page 18412] [DOCID:fr11ap06-172]

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 342

[Docket No. RM05-22-000]

  Five-Year Review of Oil Pipeline Pricing Index

Correction

    In rule document 06-2964 beginning on page 15329 in the issue of  Tuesday, March 28, 2006, make the following correction:     On page 15334, in the first column, in footnote 17, in the last  line ``where denotes'' should read [GRAPHIC] [TIFF OMITTED] TR11AP06.000

[FR Doc. C6-2964 Filed 4-10-06; 8:45 am]

BILLING CODE 1505-01-D


[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Notices]
[Pages 53888-53892]
[FR Doc No: 2018-23344]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1855]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Federal
Regulations. The LOMR will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents

of those buildings. For rating purposes, the currently effective
community number is shown in the table below and must be used for all
new policies and renewals.

DATES: These flood hazard determinations will be finalized on the dates
listed in the table below and revise the FIRM panels and FIS report in
effect prior to this determination for the listed communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Insurance and Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    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.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, 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
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.

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

David I. Maurstad,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

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                                                         Chief executive                         Online location of
        State and county           Location and case       officer of         Community map        letter of map       Date of modification   Community
                                          No.               community          repository             revision                                   No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    Lee.........................  City of Smiths       The Honorable F.L.  City Hall, 2336     https://msc.fema.gov/  Dec. 3, 2018.........       010491
                                   Station (18-04-      Bubba Copeland,     Lee Road 430,       portal/advanceSearch.
                                   3883P).              Mayor, City of      Smiths Station,
                                                        Smiths Station,     AL 36877.
                                                        2336 Lee Road
                                                        430, Smiths
                                                        Station, AL 36877.
    Lee.........................  Unincorporated       The Honorable Bill  Lee County          https://msc.fema.gov/  Dec. 3, 2018.........       010250
                                   Areas of Lee         English,            Building            portal/advanceSearch.
                                   County (18-04-       Chairman, Lee       Department, 100
                                   3883P).              County Board of     Orr Avenue,
                                                        Commissioners,      Opelika, AL 36801.
                                                        P.O. Box 666,
                                                        Opelika, AL 36803.
     Russell....................  City of Phenix City  The Honorable       City Hall, 601      https://msc.fema.gov/  Dec. 3, 2018.........       010184
                                   (18-04-3883P).       Eddie N. Lowe,      12th Street,        portal/advanceSearch.
                                                        Mayor, City of      Phenix City, AL
                                                        Phenix City, 601    36867.
                                                        12th Street,
                                                        Phenix City, AL
                                                        36867.
    Shelby......................  City of Helena (18-   The Honorable      City Hall, 816      https://msc.fema.gov/  Dec. 10, 2018........       010294
                                   04-3885P).           Mark R. Hall,       Highway 52 East,    portal/advanceSearch.
                                                        Mayor, City of      Helena, AL 35080.
                                                        Helena, 816
                                                        Highway 52 East,
                                                        Helena, AL 35080.
    Shelby......................  City of Pelham (18-  The Honorable Gary  City Hall, 3162     https://msc.fema.gov/  Dec. 10, 2018........       010193
                                   04-3885P).           W. Waters, Mayor,   Pelham Parkway,     portal/advanceSearch.
                                                        City of Pelham,     Pelham, AL 35124.
                                                        3162 Pelham
                                                        Parkway, Pelham,
                                                        AL 35124.
Colorado:
    Adams.......................  City of Commerce     The Honorable Sean  City Hall, 5291     https://msc.fema.gov/  Dec. 5, 2018.........       080006
                                   City (18-08-0619P).  Ford, Mayor, City   East 60th Avenue,   portal/advanceSearch.
                                                        of Commerce City,   Commerce City, CO
                                                        7887 East 60th      80022.
                                                        Avenue, Commerce
                                                        City, CO 80022.

    Adams.......................  Unincorporated       The Honorable Mary  Adams County        https://msc.fema.gov/  Dec. 5, 2018.........       080001
                                   areas of Adams       Hodge, Chair,       Community and       portal/advanceSearch.
                                   County (18-08-       Adams County        Economic
                                   0619P).              Board of            Development
                                                        Commissioners,      Department, 4430
                                                        4430 South Adams    South Adams
                                                        County Parkway,     County Parkway,
                                                        5th Floor, Suite    Brighton, CO
                                                        C5000A, Brighton,   80601.
                                                        CO 80601.
    El Paso.....................  City of Manitou      The Honorable Ken   City Hall, 606      https://msc.fema.gov/  Dec. 20, 2018........       080063
                                   Springs (18-08-      A. Jaray, Mayor,    Manitou Avenue,     portal/advanceSearch.
                                   0141P).              City of Manitou     Manitou Springs,
                                                        Springs, 606        CO 80829.
                                                        Manitou Avenue,
                                                        Manitou Springs,
                                                        CO 80829.
Florida:
    Collier.....................  City of Marco        The Honorable       Building Services   https://msc.fema.gov/  Dec. 19, 2018........       120426
                                   Island (18-04-       Jared Grifoni,      Department, 50      portal/advanceSearch.
                                   5420P).              Chairman, City of   Bald Eagle Drive,
                                                        Marco Island        Marco Island, FL
                                                        Council, 50 Bald    34145.
                                                        Eagle Drive,
                                                        Marco Island, FL
                                                        34145.
    Collier.....................  City of Naples (18-  The Honorable Bill  Building            https://msc.fema.gov/  Dec. 7, 2018.........       125130
                                   04-4573P).           Barnett, Mayor,     Department, 295     portal/advanceSearch.
                                                        City of Naples,     Riverside Circle,
                                                        735 8th Street      Naples, FL 34102.
                                                        South, Naples, FL
                                                        34102.
    Lee.........................  City of Sanibel (18- The Honorable       Planning            https://msc.fema.gov/  Dec. 7, 2018.........       120402
                                   04-4404P).           Kevin Ruane,        Department, 800     portal/advanceSearch.
                                                        Mayor, City of      Dunlop Road,
                                                        Sanibel, 800        Sanibel, FL 33957.
                                                        Dunlop Road,
                                                        Sanibel, FL 33957.
    Lee.........................  City of Sanibel (18- The Honorable       Planning            https://msc.fema.gov/  Dec. 19, 2018........       120402
                                   04-4629P).           Kevin Ruane,        Department, 800     portal/advanceSearch.
                                                        Mayor, City of      Dunlop Road,
                                                        Sanibel, 800        Sanibel, FL 33957.
                                                        Dunlop Road,
                                                        Sanibel, FL 33957.
    Monroe......................  Unincorporated       The Honorable       Monroe County       https://msc.fema.gov/  Dec. 26, 2018........       125129
                                   areas of Monroe      David Rice,         Building            portal/advanceSearch.
                                   County (18-04-       Mayor, Monroe       Department, 2798
                                   4989P).              County Board of     Overseas Highway,
                                                        Commissioners,      Suite 300,
                                                        9400 Overseas       Marathon, FL
                                                        Highway, Suite      33050.
                                                        210, Marathon, FL
                                                        33050.
    Monroe......................  Unincorporated       The Honorable       Monroe County       https://msc.fema.gov/  Dec. 27, 2018........       125129
                                   areas of Monroe      David Rice,         Building            portal/advanceSearch.
                                   County (18-04-       Mayor, Monroe       Department, 2798
                                   4990P).              County Board of     Overseas Highway,
                                                        Commissioners,      Suite 300,
                                                        9400 Overseas       Marathon, FL
                                                        Highway, Suite      33050.
                                                        210, Marathon, FL
                                                        33050.
    Monroe......................  Unincorporated       The Honorable       Monroe County       https://msc.fema.gov/  Dec. 26, 2018........       125129
                                   areas of Monroe      David Rice,         Building            portal/advanceSearch.
                                   County (18-04-       Mayor, Monroe       Department, 2798
                                   4991P).              County, Board of    Overseas Highway,
                                                        Commissioners,      Suite 300,
                                                        9400 Overseas       Marathon, FL
                                                        Highway, Suite      33050.
                                                        210, Marathon, FL
                                                        33050.
    Pinellas....................  Unincorporated       The Honorable       Pinellas County     https://msc.fema.gov/  Dec. 20, 2018........       125139
                                   areas of Pinellas    Kenneth T. Welch,   Building Services   portal/advanceSearch.
                                   County (18-04-       Chairman,           Department, 440
                                   2032P).              Pinellas County     Court Street,
                                                        Board of            Clearwater, FL
                                                        Commissioners,      33756.
                                                        315 Court Street,
                                                        Clearwater, FL
                                                        33756.
Georgia: Walton.................  Unincorporated       The Honorable       Walton County       https://msc.fema.gov/  Dec. 20, 2018........       130185
                                   areas of Walton      Kevin Little,       Planning and        portal/advanceSearch.
                                   County (18-04-       Chairman, Walton    Development, 303
                                   3815P).              County Board of     South Hammond
                                                        Commissioners,      Drive, Suite 98,
                                                        111 South Broad     Monroe, GA 30655.
                                                        Street, Monroe,
                                                        GA 30655.
Kentucky: Hopkins...............  City of              The Honorable       Engineering         https://msc.fema.gov/  Nov. 28, 2018........       210115
                                   Madisonville (18-    David Jackson,      Department, 604     portal/advanceSearch.
                                   04-2820P).           Mayor, City of      McCoy Avenue,
                                                        Madisonville, 67    Madisonville, KY
                                                        North Main          42431.
                                                        Street,
                                                        Madisonville, KY
                                                        42431.
Louisiana:
    Iberia......................  City of New Iberia   The Honorable       Permits and         https://msc.fema.gov/  Dec. 19, 2018........       220082
                                   (18-06-0845P).       Freddie DeCourt,    Inspections         portal/advanceSearch.
                                                        Mayor, City of      Department, 457
                                                        New Iberia, 457     East Main Street,
                                                        East Main Street,   Suite 412, New
                                                        Suite 300, New      Iberia, LA 70560.
                                                        Iberia, LA 70560.

    Iberia......................  Unincorporated       The Honorable       Iberia Parish       https://msc.fema.gov/  Dec. 19, 2018........       220078
                                   areas of Iberia      Scott Saunier,      Permits,            portal/advanceSearch.
                                   Parish (18-06-       Chief               Planning, Zoning
                                   0845P).              Administrative      and Building
                                                        Officer, Iberia     Department, 715-A
                                                        Parish, 300         Weldon Street,
                                                        Iberia Street,      New Iberia, LA
                                                        Suite 400, New      70560.
                                                        Iberia, LA 70560.
Massachusetts:
    Barnstable..................  Town of Truro (18-   The Honorable       Building            https://msc.fema.gov/  Dec. 17, 2018........       255222
                                   01-0789P).           Robert Weinstein,   Department, 24      portal/advanceSearch.
                                                        Chairman, Town of   Town Hall Road,
                                                        Truro Board of      Truro, MA 02666.
                                                        Selectmen, 24
                                                        Town Hall Road,
                                                        Truro, MA 02666.
    Barnstable..................  Town of Wellfleet    The Honorable       Building            https://msc.fema.gov/  Dec. 17, 2018........       250014
                                   (18-01-0789P).       Janet Reinhart,     Department, 220     portal/advanceSearch.
                                                        Chair, Town of      West Main Street,
                                                        Wellfleet Board     Wellfleet, MA
                                                        of Selectmen, 300   02667.
                                                        Main Street,
                                                        Wellfleet, MA
                                                        02667.
New Mexico:
    Bernalillo..................  City of Albuquerque  The Honorable Tim   Development Review  https://msc.fema.gov/  Dec. 17, 2018........       350002
                                   (18-06-0625P).       Keller, Mayor,      Services            portal/advanceSearch.
                                                        City of             Division, 600 2nd
                                                        Albuquerque, P.O.   Street Northwest,
                                                        Box 1293,           Albuquerque, NM
                                                        Albuquerque, NM     87102.
                                                        87103.
    Bernalillo..................  Unincorporated       Ms. Julie Morgas    Bernalillo County   https://msc.fema.gov/  Dec. 17, 2018........       350001
                                   areas of             Baca, Bernalillo    Public Works        portal/advanceSearch.
                                   Bernalillo County    County Manager, 1   Division, 2400
                                   (18-06-0625P).       Civic Plaza         Broadway
                                                        Northwest, 10th     Boulevard
                                                        Floor,              Southeast,
                                                        Albuquerque, NM     Albuquerque, NM
                                                        87102.              87102.
Pennsylvania:
    Columbia....................  Town of Bloomsburg   The Honorable       Town Hall, 301      https://msc.fema.gov/  Dec. 28, 2018........       420339
                                   (18-03-0068P).       William Kreisher,   East 2nd Street,    portal/advanceSearch.
                                                        Mayor, Town of      Bloomsburg, PA
                                                        Bloomsburg, 301     17815.
                                                        East 2nd Street,
                                                        Bloomsburg, PA
                                                        17815.
    Columbia....................  Township of          The Honorable       Township Hall, 153  https://msc.fema.gov/  Dec. 28, 2018........       420342
                                   Catawissa (18-03-    Roger W. Nuss,      Old Reading Road,   portal/advanceSearch.
                                   0068P).              Chairman,           Catawissa, PA
                                                        Township of         17820.
                                                        Catawissa Board
                                                        of Supervisors,
                                                        153 Old Reading
                                                        Road, Catawissa,
                                                        PA 17820.
South Carolina:
    Charleston..................  Town of Sullivan's   The Honorable       Town Hall, 2056     https://msc.fema.gov/  Jan. 2, 2019.........       455418
                                   Island (18-04-       Patrick O'Neil,     Middle Street,      portal/advanceSearch.
                                   5145P).              Mayor, Town of      Sullivan's
                                                        Sullivan's          Island, SC 29482.
                                                        Island, P.O. Box
                                                        427, Sullivan's
                                                        Island, SC 29482.
    Charleston..................  Town of Sullivan's   The Honorable       Town Hall, 2056     https://msc.fema.gov/  Jan. 2, 2019.........       455418
                                   Island (18-04-       Patrick O'Neil,     Middle Street,      portal/advanceSearch.
                                   5277P).              Mayor, Town of      Sullivan's
                                                        Sullivan's          Island, SC 29482.
                                                        Island, P.O. Box
                                                        427, Sullivan's
                                                        Island, SC 29482.
South Dakota: Minnehaha.........  City of Sioux Falls  The Honorable Paul  Planning and        https://msc.fema.gov/  Dec. 20, 2018........       460060
                                   (18-08-0836P).       Ten Haken, Mayor,   Development         portal/advanceSearch.
                                                        City of Sioux       Services
                                                        Falls, 224 West     Department, 231
                                                        9th Street, Sioux   North Dakota
                                                        Falls, SD 57104.    Avenue, Sioux
                                                                            Falls, SD 57104.
Tennessee: Washington...........  City of Johnson      The Honorable       Public Works        https://msc.fema.gov/  Jan. 2, 2019.........       475432
                                   City (18-04-4923P).  David Tomita,       Department, 601     portal/advanceSearch.
                                                        Mayor, City of      East Main Street,
                                                        Johnson City,       Johnson City, TN
                                                        P.O. Box 2150,      37605.
                                                        Johnson City, TN
                                                        37605.
Texas:
    Dallas......................  Town of Sunnyvale    The Honorable Saji  Development         https://msc.fema.gov/  Dec. 7, 2018.........       480188
                                   (18-06-1127P).       George, Mayor,      Services            portal/advanceSearch.
                                                        Town of             Department, 127
                                                        Sunnyvale, 127      North Collins
                                                        North Collins       Road, Sunnyvale,
                                                        Road, Sunnyvale,    TX 75182.
                                                        TX 75182.
    Parker......................  Unincorporated       The Honorable Mark  Parker County       https://msc.fema.gov/  Nov. 30, 2018........       480520
                                   areas of Parker      Riley, Parker       Emergency           portal/advanceSearch.
                                   County (18-06-       County Judge, 1     Management
                                   1021P).              Courthouse          Department, 215
                                                        Square,             Trinity Street,
                                                        Weatherford, TX     Weatherford, TX
                                                        76086.              76086.
    Rockwall....................  City of Heath (18-   The Honorable       City Hall, 200      https://msc.fema.gov/  Dec. 10, 2018........       480545
                                   06-0869P).           Kelson Elam,        Laurence Drive,     portal/advanceSearch.
                                                        Mayor, City of      Heath, TX 75032.
                                                        Heath, 200
                                                        Laurence Drive,
                                                        Heath, TX 75032.

Utah: Salt Lake.................  City of Draper (18-  The Honorable Troy  Community           https://msc.fema.gov/  Dec. 26, 2018........       490244
                                   08-0572P).           K. Walker, Mayor,   Development         portal/advanceSearch.
                                                        City of Draper,     Department, 1020
                                                        1020 East Pioneer   East Pioneer
                                                        Road, Draper, UT    Road, Draper, UT
                                                        84020.              84020.
Virginia: Independent City......  City of Roanoke (18- Mr. Robert S.       Engineering         https://msc.fema.gov/  Jan. 4, 2019.........       510130
                                   03-1202P).           Cowell, Jr.,        Division, 215       portal/advanceSearch.
                                                        Manager, City of    Church Avenue
                                                        Roanoke, 215        Southwest, Room
                                                        Church Avenue       350, Roanoke, VA
                                                        Southwest, Room     24011.
                                                        364, Roanoke, VA
                                                        24011.
Wyoming:
    Sheridan....................  Town of Ranchester   The Honorable       Town Hall, 145      https://msc.fema.gov/  Dec. 20, 2018........       560046
                                   (18-08-0451P).       Peter Clark,        Coffeen Street,     portal/advanceSearch.
                                                        Mayor, Town of      Ranchester, WY
                                                        Ranchester, P.O.    82839.
                                                        Box 695,
                                                        Ranchester, WY
                                                        82839.
    Sheridan....................  Unincorporated       The Honorable Mike  Public Works,       https://msc.fema.gov/  Dec. 20, 2018........       560047
                                   areas of Sheridan    Nickel, Chairman,   Planning and        portal/advanceSearch.
                                   County (18-08-       Sheridan County     Engineering
                                   0451P).              Board of            Department, 224
                                                        Commissioners,      South Main
                                                        224 South Main      Street, Suite B8,
                                                        Street, Suite B1,   Sheridan, WY
                                                        Sheridan, WY        82801.
                                                        82801.
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[FR Doc. 2018-23344 Filed 10-24-18; 8:45 am]
 BILLING CODE 9110-12-P