[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Proposed Rules]
[Pages 78654-78664]
[FR Doc No: 2010-31545]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1158]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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SUMMARY: Comments are requested on the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed BFE modifications for the
communities listed in the table below. The purpose of this notice is to
seek general information and comment regarding the proposed regulatory
flood elevations for the reach described by the downstream and upstream
locations in the table below. The BFEs and modified BFEs are a part 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). In addition, these elevations, once
finalized, will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents in those buildings.

DATES: Comments are to be submitted on or before March 16, 2011.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community is available for
inspection at the community's map repository. The respective addresses
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1158, to
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance
and Mitigation Administration, Federal Emergency Management Agency, 500
C Street, SW., Washington, DC 20472,<PHONE_NUMBER>, or (e-mail)
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make determinations of BFEs and modified BFEs for
each community listed below, in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
    These proposed BFEs and 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
other Federal, State, or regional entities. These proposed elevations
are used to meet the floodplain management requirements of the NFIP and
also are used to calculate the appropriate flood insurance premium
rates for new buildings built after these elevations are made final,
and for the contents in those buildings.
    Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.
    National Environmental Policy Act. This proposed 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.
    Executive Order 12866, Regulatory Planning and Review. This
proposed rule is not a significant regulatory action under the criteria
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for part 67 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.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are
proposed to be amended as follows:

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                                                                                * Elevation in feet
                                                                                (NGVD)  + Elevation in
                                                                                feet  (NAVD)
                                                                                Depth in feet above
                State                      City/town/county                  Source of flooding                                     Location **                              ground  [caret]
                                                                                Elevation in meters
                                                                                (MSL)
                                                                                -------------------------
                                                                                Existing     Modified
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                                                                     Unincorporated Areas of Richmond County, North Carolina
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North Carolina.......................  Unincorporated Areas....  Crooked Creek............................  At the Scotland County boundary...........................         +243         +242

                                                                                Approximately 0.8 mile upstream of County Line Road (SR            +262         +261
                                                                                1803).
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood
 Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
 20472.

                                                                                ADDRESSES

                                                                             Unincorporated Areas of Richmond County
Maps are available for inspection at the Richmond County Planning Department, 221 South Hancock Street, Rockingham, NC 28379.
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                                                                                City of Newport News, Virginia
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Virginia.............................  City of Newport News....  Newmarket Creek..........................  Approximately 0.45 mile downstream of Hampton Roads Center         None          +18
                                                                                Parkway.
                                                                                Approximately 0.94 mile upstream of Hampton Roads Center           None          +21
                                                                                Parkway.
Virginia.............................  City of Newport News....  Newmarket Creek..........................  Approximately 1,287 feet downstream of Harpersville Road..         None          +24
                                                                                Approximately 0.56 mile upstream of Harpersville Road.....         None          +26
Virginia.............................  City of Newport News....  Newmarket Creek Tributary................  Approximately 765 feet downstream of Agusta Drive.........         None          +22
                                                                                Approximately 167 feet upstream of Agusta Drive...........         None          +22
Virginia.............................  City of Newport News....  Stoney Run...............................  Approximately 0.8 mile downstream of Old Courthouse Way...           +7           +8
                                                                                Approximately 0.56 mile upstream of Woodside Lane.........         None          +47
Virginia.............................  City of Newport News....  Stoney Run--Colony Pines Branch..........  Approximately 776 feet downstream of Richneck Road........         None          +27
                                                                                Approximately 1,450 feet upstream of Windsor Castle Drive.         None          +35
Virginia.............................  City of Newport News....  Stoney Run--Denbigh Branch...............  Just downstream of Richneck Road..........................         None          +27
                                                                                Just downstream of McManus Boulevard......................         None          +35
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood
 Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
 20472.

                                                                                ADDRESSES

City of Newport News
Maps are available for inspection at the Department of Engineering, 2400 Washington Avenue, Newport News, VA 23607.
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----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                (NGVD)  + Elevation in
                                                                feet  (NAVD)
                                                                  Depth in feet above
         Flooding source(s)            Location of referenced       ground  [caret]        Communities affected
                                            elevation **          Elevation in meters
                                                                         (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                 Mohave County, Arizona, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bronco Creek........................  Approximately 1,295             None        +1903  Unincorporated Areas of
                                       feet downstream of                                 Mohave County.
                                       U.S. Route 93.
                                      Approximately 0.7 mile          None        +2063
                                       upstream of U.S. Route
                                       93.
Colorado River......................  Approximately 1.2 miles         None         +464  Unincorporated Areas of
                                       upstream of I-40.                                  Mohave County.
                                      Approximately 3.1 miles         None         +466
                                       upstream of I-40.
Tributary A.........................  At the confluence with          None        +2046  Unincorporated Areas of
                                       Unnamed Tributary to                               Mohave County.
                                       Bronco Creek.
                                      Approximately 1,845             None        +2095
                                       feet upstream of the
                                       confluence with
                                       Unnamed Tributary to
                                       Bronco Creek.
Tributary B.........................  At the confluence with          None        +2055  Unincorporated Areas of
                                       Unnamed Tributary to                               Mohave County.
                                       Bronco Creek.
                                      Approximately 1,715             None        +2112
                                       feet upstream of the
                                       confluence with
                                       Unnamed Tributary to
                                       Bronco Creek.
Tributary C.........................  At the confluence with          None        +2058  Unincorporated Areas of
                                       Unnamed Tributary to                               Mohave County.
                                       Bronco Creek.
                                      Approximately 0.4 mile          None        +2121
                                       upstream of the
                                       confluence with
                                       Unnamed Tributary to
                                       Bronco Creek.
Unnamed Tributary to Bronco Creek...  At the confluence with          None        +1987  Unincorporated Areas of
                                       Bronco Creek.                                      Mohave County.
                                      Approximately 1,440             None        +2151
                                       feet upstream of
                                       Chicken Springs Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                      Unincorporated Areas of Mohave County
Maps are available for inspection at 700 West Beale Street, Kingman, AZ 86401.
----------------------------------------------------------------------------------------------------------------
                                               Maui County, Hawaii
----------------------------------------------------------------------------------------------------------------
Iao East Overflow...................  Approximately 54 feet           None    [caret]15  Maui County.
                                       downstream of Kahului
                                       Beach Road.
                                      At the confluence with          None   [caret]162
                                       Iao Stream.
Iao Stream..........................  Approximately 1,036        [caret]15    [caret]17  Maui County.
                                       feet downstream of
                                       Waiehu Beach Road.
                                      Approximately 0.7 mile    [caret]357   [caret]347
                                       upstream of North
                                       Market Street.
Pacific Ocean (entire shoreline of    Approximately 1.5 miles         None     [caret]3  Maui County.
 the Island of Lanai).                 northwest of the
                                       intersection of
                                       Kaumalapau Highway and
                                       Lanai Rock Quarry Road.
                                      Approximately 1.1 miles         None    [caret]55
                                       southwest of the
                                       intersection of
                                       Hulopoe Drive and
                                       Mauna Lei Drive.
Pacific Ocean--Island of Maui.......  Southeast corner of the         None     [caret]4  Maui County.
                                       Island of Maui,
                                       approximately 670 feet
                                       southwest of the
                                       intersection of
                                       Honoapiilani Highway
                                       and Keawe Street.
                                      Northwest corner of the         None    [caret]79
                                       Island of Maui,
                                       approximately 1.7
                                       miles southwest of the
                                       intersection of
                                       Piilani Highway and
                                       Kaupo Gap Road.
Pacific Ocean--Island of Molokai....  Northeast corner of the         None     [caret]3  Maui County.
                                       Island of Molokai,
                                       approximately 1,700
                                       feet southwest of the
                                       intersection of
                                       Maunaloa Highway and
                                       Hoawa Road.
                                      Northwest corner of the         None    [caret]28
                                       Island of Molokai,
                                       approximately 2.0
                                       miles northwest of the
                                       intersection of
                                       Kaluakoi Road and
                                       Kakaako Road.

Shallow Flooding (Island of Maui)...  Approximately 0.9 mile     [caret]10   2  Maui County.
                                       northwest of Apole
                                       Point.
Shallow Flooding (Island of Maui)...  Approximately 0.7 mile          None   2  Maui County.
                                       northwest of Apole
                                       Point.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Elevation in feet (LTD).
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Maui County
Maps are available for inspection at the Maui County Planning Department, 250 South High Street, 2nd Floor,
 Wailuku, HI 96793.
----------------------------------------------------------------------------------------------------------------
                               Greene County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Leaf River..........................  Approximately 1.1 miles         None          +74  Unincorporated Areas of
                                       downstream of U.S.                                 Greene County.
                                       Route 98.
                                      Approximately 4.2 miles         None          +85
                                       upstream of U.S. Route
                                       98.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                      Unincorporated Areas of Greene County
Maps are available for inspection at the Greene County Courthouse, 400 Main Street, Leakesville, MS 39451.
----------------------------------------------------------------------------------------------------------------
                               Panola County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Enid Lake...........................  Entire shoreline within         None         +274  Unincorporated Areas of
                                       community.                                         Panola County.
Fowler Creek........................  Approximately 790 feet          +189         +188  Town of Crenshaw,
                                       downstream of the                                  Unincorporated Areas
                                       railroad.                                          of Panola County.
                                      Approximately 180 feet          +197         +200
                                       upstream of Old
                                       Crenshaw Road.
Peters Creek........................  Approximately 380 feet          None         +228  Town of Courtland,
                                       upstream of the                                    Village of Pope.
                                       railroad.
                                      Approximately 1,730             None         +231
                                       feet upstream of U.S.
                                       Route 51.
Sardis Lake.........................  Entire shoreline within         None         +286  Unincorporated Areas of
                                       community.                                         Panola County.
Shallow Flooding....................  An area bounded by              None   1  City of Batesville.
                                       State Highway 6 to the
                                       north, Farrish Gravel
                                       Road to the west, and
                                       State Highway 35 to
                                       the south and east.
Whitten Creek.......................  Approximately 1,085             None         +236  City of Batesville.
                                       feet downstream of
                                       Tiger Drive.
                                      Approximately 1,120             None         +282
                                       feet upstream of
                                       Shamrock Drive.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Batesville
Maps are available for inspection at City Hall, 103 College Street, Batesville, MS 38606.

Town of Courtland
Maps are available for inspection at the Panola County Courthouse, 151 Public Square, Batesville, MS 38606.

Town of Crenshaw
Maps are available for inspection at Crenshaw City Hall, 600 Broad Street, Crenshaw, MS 38621.

                                      Unincorporated Areas of Panola County
Maps are available for inspection at the Panola County Courthouse, 151 Public Square, Batesville, MS 38606.

Village of Pope
Maps are available for inspection at the Panola County Courthouse, 151 Public Square, Batesville, MS 38606.
----------------------------------------------------------------------------------------------------------------
                               Quitman County, Mississippi, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Opossum Bayou Tributary.............  Approximately 1,875             None         +153  Town of Lambert,
                                       feet downstream of                                 Unincorporated Areas
                                       State Highway 3.                                   of Quitman County.
                                      Approximately 350 feet          None         +156
                                       upstream of Johnson
                                       Avenue.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Town of Lambert
Maps are available for inspection at the Mayor's Office, 831 Scott Avenue, Lambert, MS 38643.

                                     Unincorporated Areas of Quitman County
Maps are available for inspection at the Quitman County Courthouse, 230 Chestnut Street, Marks, MS 38646.
----------------------------------------------------------------------------------------------------------------
                                 Saline County, Missouri, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bell Branch (backwater effects from   From the confluence             +658         +657  City of Miami,
 Missouri River).                      with the Missouri                                  Unincorporated Areas
                                       River to approximately                             of Saline County.
                                       0.76 mile upstream of
                                       the confluence with
                                       the Missouri River.
Missouri River......................  Approximately 1,400             None         +611  City of Miami, Town of
                                       feet upstream of the                               Arrow Rock, Town of
                                       Cooper County boundary.                            Grand Pass,
                                                                                Unincorporated Areas
                                                                                of Saline County.
                                      At the Lafayette County         None         +672
                                       boundary.
North Fork Finney Creek.............  Approximately 850 feet          None         +703  Unincorporated Areas of
                                       downstream of                                      Saline County.
                                       Fairground Road.
                                      Approximately 900 feet          None         +721
                                       downstream of Arrow
                                       Street.
North Fork Finney Creek Tributary...  At the confluence with          None         +708  City of Marshall,
                                       North Fork Finney                                  Unincorporated Areas
                                       Creek.                                             of Saline County.
                                      Approximately 60 feet           None         +735
                                       downstream of Miami
                                       Avenue.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Marshall
Maps are available for inspection at the City Office, 214 North Lafayette Avenue, Marshall, MO 65340.

City of Miami
Maps are available for inspection at the Saline County Courthouse, 19 East Arrow Street, Room 101, Marshall, MO
 65340.

Town of Arrow Rock
Maps are available for inspection at the Saline County Courthouse, 19 East Arrow Street, Room 101, Marshall, MO
 65340.

Town of Grand Pass
Maps are available for inspection at the Saline County Courthouse, 19 East Arrow Street, Room 101, Marshall, MO
 65340.

                                      Unincorporated Areas of Saline County
Maps are available for inspection at the Saline County Courthouse, 19 East Arrow Street, Room 101, Marshall, MO
 65340.
----------------------------------------------------------------------------------------------------------------
                             Scotland County, North Carolina, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cabin Branch........................  Approximately 90 feet           None         +169  City of Laurinburg,
                                       upstream of the                                    Unincorporated Areas
                                       confluence with Big                                of Scotland County.
                                       Branch.
                                      Approximately 1.4 miles         None         +209
                                       upstream of Barnes
                                       Bridge Road (SR 1614).
Crooked Creek.......................  At the State of South           +225         +224  Unincorporated Areas of
                                       Carolina boundary.                                 Scotland County.
                                      At the Richmond County          +243         +241
                                       boundary.
Little Creek........................  Just upstream of                +194         +189  City of Laurinburg,
                                       Highland Road.                                     Unincorporated Areas
                                                                                of Scotland County.
                                      Approximately 600 feet          +219         +218
                                       upstream of Wagram
                                       Road.
Lumber River........................  Approximately 1.2 miles         +190         +191  Town of Wagram,
                                       upstream of the                                    Unincorporated Areas
                                       Robeson County                                     of Scotland County.
                                       boundary.
                                      Approximately 0.5 mile          +256         +257
                                       upstream of the
                                       confluence with
                                       Quewhiffle Creek.
Unnamed Tributary to Gum Swamp Creek  Approximately 1,050             None         +167  City of Laurinburg,
                                       feet upstream of the                               Unincorporated Areas
                                       confluence with Gum                                of Scotland County.
                                       Swamp Creek.
                                      Approximately 175 feet          None         +217
                                       upstream of Blue Woods
                                       Road (SR 1116).
Water Creek.........................  Approximately 1.4 miles         None         +179  City of Laurinburg,
                                       downstream of Barnes                               Unincorporated Areas
                                       Bridge Road (SR 1614).                             of Scotland County.
                                      Approximately 1,950             None         +207
                                       feet upstream of Hasty
                                       Road (SR 1615).
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Laurinburg
Maps are available for inspection at City Hall, 305 West Church Street, Laurinburg, NC 28353.

Town of Wagram
Maps are available for inspection at the Town Office, 24341 Riverton Road, Wagram, NC 28396.

                                     Unincorporated Areas of Scotland County
Maps are available for inspection at the Scotland County Government Administration Building, 507 West Covington
 Street, Laurinburg, NC 28353.
----------------------------------------------------------------------------------------------------------------

                                 Greer County, Oklahoma, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Lake Altus..........................  Entire shoreline within         None        +1555  Town of Granite,
                                       community.                                         Unincorporated Areas
                                                                                of Greer County.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Town of Granite
Maps are available for inspection at the Town Hall, 420 North Main Street, Granite, OK 73547.

                                      Unincorporated Areas of Greer County
Maps are available for inspection at the Greer County Courthouse, 106 East Jefferson Street, Mangum, OK 73554.
----------------------------------------------------------------------------------------------------------------
                                 Kiowa County, Oklahoma, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Lake Altus..........................  Entire shoreline within         None        +1555  Unincorporated Areas of
                                       community.                                         Kiowa County.
Tributary 1.........................  Approximately 1,200             None        +1347  Unincorporated Areas of
                                       feet downstream of A                               Kiowa County.
                                       Street.
                                      Approximately 70 feet           None        +1356
                                       downstream of the
                                       railroad.
Tributary 2.........................  Approximately 950 feet          None        +1353  Unincorporated Areas of
                                       downstream of B Street.                            Kiowa County.
                                      Approximately 600 feet          None        +1360
                                       downstream of the
                                       railroad.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                      Unincorporated Areas of Kiowa County
Maps are available for inspection at the Kiowa County Courthouse, 316 South Main Street, Hobart, OK 73651.
----------------------------------------------------------------------------------------------------------------
                                Washita County, Oklahoma, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Cobb Creek..........................  Approximately 0.9 mile          None        +1449  Cheyenne and Arapaho
                                       downstream of Seger                                Tribes of Oklahoma,
                                       Street.                                            Unincorporated Areas
                                                                                of Washita County.
                                      Approximately 250 feet          None        +1470
                                       upstream of North 2420
                                       Road.
North Cavalry Creek.................  Approximately 100 feet          None        +1470  Unincorporated Areas of
                                       downstream of East                                 Washita County.
                                       1210 Road.
                                      Approximately 675 feet          None        +1574
                                       upstream of North 2230
                                       Road.
Tributary No. 1 of North Cavalry      At the confluence with          None        +1487  Unincorporated Areas of
 Creek.                                North Cavalry Creek.                               Washita County.
                                      Approximately 550 feet          None        +1566
                                       downstream of Cavalry
                                       Creek Dam 24.
Tributary No. 1 of Tributary No. 1    Approximately 1,000             None        +1535  Unincorporated Areas of
 of North Cavalry Creek.               feet upstream of the                               Washita County.
                                       confluence with
                                       Tributary No.1 of
                                       North Cavalry Creek.
                                      Approximately 850 feet          None        +1562
                                       upstream of East 14th
                                       Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.

+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Cheyenne and Arapaho Tribes of Oklahoma
Maps are available for inspection at the Cheyenne and Arapaho Tribes of Oklahoma Executive Office, 100 Red Moon
 Circle, Concho, OK 73022.

                                     Unincorporated Areas of Washita County
Maps are available for inspection at the Washita County Courthouse, 111 East Main Street, New Cordell, OK 73632.
----------------------------------------------------------------------------------------------------------------
                                Bedford County, Pennsylvania (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Georges Creek.......................  Approximately 1,932             None        +1278  Township of West St.
                                       feet downstream of                                 Clair.
                                       Simple Road.
                                      Approximately 1,562             None        +1284
                                       feet downstream of
                                       Simple Road.
Little Wills Creek..................  Approximately 1.0 mile          None        +1200  Township of Harrison.
                                       upstream of the
                                       confluence with Wolf
                                       Camp Run.
                                      Approximately 1.32              None        +1215
                                       miles upstream of the
                                       confluence with Wolf
                                       Camp Run.
Little Wills Creek..................  At the confluence with          +934         +932  Township of
                                       Wills Creek.                                       Londonderry.
                                      Approximately 280 feet          +937         +935
                                       upstream of the
                                       confluence with Wills
                                       Creek.
Raystown Branch Juniata River.......  Approximately 380 feet          None         +927  Township of Hopewell.
                                       downstream of Ritchie
                                       Bridge Road.
                                      Approximately 100 feet          None         +928
                                       downstream of Ritchie
                                       Bridge Road.
Raystown Branch Juniata River.......  Approximately 0.46 mile         None         +858  Township of Liberty.
                                       downstream of Six Mile
                                       Run Road.
                                      Approximately 180 feet          None         +860
                                       downstream of Six Mile
                                       Run Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Township of Harrison
Maps are available for inspection at the Harrison Township Municipal Building, 4747 Milligans Cove Road, Manns
 Choice, PA 15550.

Township of Hopewell
Maps are available for inspection at the Township Building, 1402 Norris Street, Hopewell, PA 16650.

Township of Liberty
Maps are available for inspection at the Liberty Township Building, 504 17th Street, Saxton, PA 16678.

Township of Londonderry
Maps are available for inspection at the Londonderry Township Building, 4303 Hyndman Road, Hyndman, PA 15545.

Township of West St. Clair
Maps are available for inspection at the West St. Clair Township Office, Chestnut Ridge Ambulance Building, 4037
 Quaker Valley Road, Alum Bank, PA 15521.
----------------------------------------------------------------------------------------------------------------
                              Sanborn County, South Dakota, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Branch 4 of Ditch 21................  At the confluence with          None        +1298  Unincorporated Areas of
                                       County Ditch No. 6 and                             Sanborn County.
                                       County Ditch No. 8.
                                      Just downstream of              None        +1305
                                       227th Street.

County Ditch No. 6..................  At the confluence with          None        +1298  Unincorporated Areas of
                                       County Ditch No. 8 and                             Sanborn County.
                                       Branch 4 of Ditch 21.
                                      Approximately 630 feet          None        +1307
                                       upstream of 396th
                                       Avenue.
County Ditch No. 7..................  Approximately 350 feet          None        +1300  City of Woonsocket,
                                       downstream of 397th                                Unincorporated Areas
                                       Avenue.                                            of Sanborn County.
                                      Approximately 0.6 mile          None        +1302
                                       upstream of 396th
                                       Avenue.
County Ditch No. 8..................  Approximately 0.6 mile          None        +1292  City of Woonsocket,
                                       downstream of 398th                                Unincorporated Areas
                                       Avenue.                                            of Sanborn County.
                                      At the confluence with          None        +1298
                                       County Ditch No. 6 and
                                       Branch 4 of Ditch 21.
Dry Run 8...........................  At the confluence with          None        +1295  Unincorporated Areas of
                                       County Ditch No. 8.                                Sanborn County.
                                      Approximately 1.3 miles         None        +1297
                                       upstream of the
                                       confluence with County
                                       Ditch No. 8.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Woonsocket
Maps are available for inspection at City Hall, 103 South 3rd Avenue, Woonsocket, SD 57385.

                                     Unincorporated Areas of Sanborn County
Maps are available for inspection at the Sanborn County Government Offices, 604 West 6th Street, Woonsocket, SD
 57385.
----------------------------------------------------------------------------------------------------------------
                                   Carbon County, Utah, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Grassy Trail Creek..................  Approximately 320 feet          None        +6167  City of East Carbon.
                                       downstream of the
                                       confluence with
                                       Northern Slope
                                       Tributary.
                                      Approximately 2.12              None        +6408
                                       miles upstream of the
                                       confluence with
                                       Northern Slope
                                       Tributary.
Northern Slope Tributary............  At the confluence with          None        +6170  City of East Carbon.
                                       Grassy Trail Creek.
                                      Approximately 0.53 mile         None        +6234
                                       upstream of the
                                       confluence with Grassy
                                       Trail Creek.
Price River.........................  Approximately 0.40 mile        +5545        +5544  City of Helper,
                                       downstream of 760                                  Unincorporated Areas
                                       North Street.                                      of Carbon County.
                                      Approximately 760 feet         +5956        +5955
                                       downstream of Union
                                       Pacific Railroad.
Spring Canyon Wash..................  Just upstream of the           +5857        +5858  City of Helper.
                                       confluence with the
                                       Price River.
                                      Approximately 500 feet         +5917        +5918
                                       upstream of Canyon
                                       Street.
Spring Glen Wash....................  At the confluence with         +5738        +5736  Unincorporated Areas of
                                       the Price River.                                   Carbon County.
                                      Approximately 0.52 mile         None        +5848
                                       upstream of 1900 West
                                       Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of East Carbon
Maps are available for inspection at City Hall, 105 West Geneva Drive, East Carbon City, UT 84520.

City of Helper
Maps are available for inspection at City Hall, 73 South Main Street, Helper, UT 84526.

                                      Unincorporated Areas of Carbon County
Maps are available for inspection at the Carbon County Planning and Zoning Department, 120 East Main Street,
 Price, UT 84501.
----------------------------------------------------------------------------------------------------------------
                              Ritchie County, West Virginia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
North Fork Hughes River.............  Approximately 0.55 mile         +672         +670  Town of Cairo.
                                       downstream of Main
                                       Street.
                                      Approximately 0.41 mile         +676         +673
                                       upstream of Main
                                       Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Town of Cairo
Maps are available for inspection at the Cairo Town Hall, 115 East Main Street, Harrisville, WV 26362.
----------------------------------------------------------------------------------------------------------------
                               Roane County, West Virginia, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Goff Run............................  Approximately 0.41 mile         None         +734  Unincorporated Areas of
                                       upstream of Williams                               Roane County.
                                       Drive.
                                      Approximately 0.53 mile         None         +739
                                       upstream of Williams
                                       Drive.
Reedy Creek.........................  Approximately 940 feet          None         +678  Unincorporated Areas of
                                       downstream of Mill                                 Roane County.
                                       Street.
                                      Approximately 214 feet          None         +679
                                       upstream of Mill
                                       Street.
Reedy Creek.........................  Approximately 1,890             None         +678  Unincorporated Areas of
                                       feet upstream of                                   Roane County.
                                       Center Street.
                                      Approximately 0.40 mile         None         +678
                                       upstream of Center
                                       Street.
Reedy Creek.........................  Approximately 1,230             None         +679  Unincorporated Areas of
                                       feet upstream of Mill                              Roane County.
                                       Street.
                                      Approximately 1,810             None         +679
                                       feet upstream of Mill
                                       Street.
Spring Creek........................  Approximately 1,784             None         +724  Unincorporated Areas of
                                       feet downstream of                                 Roane County.
                                       Roane Avenue.
                                      Approximately 1,519             None         +724
                                       feet downstream of
                                       Roane Avenue.
Spring Creek........................  Approximately 355 feet          None         +727  Unincorporated Areas of
                                       downstream of the                                  Roane County.
                                       Spring Creek Dam.
                                      Approximately 352 feet          None         +728
                                       downstream of Clary
                                       Road.
Tanner Run..........................  Approximately 510 feet          None         +726  Unincorporated Areas of
                                       upstream of Main                                   Roane County.
                                       Street.
                                      Approximately 0.51 mile         None         +733
                                       upstream of Main
                                       Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

                                      Unincorporated Areas of Roane County
Maps are available for inspection at the Roane County Courthouse, 200 Main Street, Spencer, WV 25276.
----------------------------------------------------------------------------------------------------------------
                                Douglas County, Wisconsin, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Bond Lake...........................  Entire shoreline within         None        +1035  Unincorporated Areas of
                                       community.                                         Douglas County.

Lake Minnesuing.....................  Entire shoreline within         None        +1117  Unincorporated Areas of
                                       community.                                         Douglas County.
Lake Nebagamon......................  Entire shoreline within         None        +1111  Village of Lake
                                       community.                                         Nebagamon.
Lake Superior.......................  Entire shoreline within         None         +605  City of Superior,
                                       community.                                         Unincorporated Areas
                                                                                of Douglas County,
                                                                                Village of Oliver,
                                                                                Village of Superior.
Leader Lake.........................  Entire shoreline within         None        +1036  Unincorporated Areas of
                                       community.                                         Douglas County.
Lower Eau Claire Lake...............  Entire shoreline within         None        +1124  Unincorporated Areas of
                                       community.                                         Douglas County.
Lyman Lake..........................  Entire shoreline within         None        +1190  Unincorporated Areas of
                                       community.                                         Douglas County.
Nemadji River.......................  Just downstream of the          None         +623  Village of Superior.
                                       Hammond Avenue
                                       abandoned bridge.
                                      Approximately 1 mile            None         +624
                                       upstream of the
                                       Hammond Avenue
                                       abandoned bridge.
St. Croix Flowage...................  Entire shoreline within         None        +1018  Unincorporated Areas of
                                       community.                                         Douglas County.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Superior
Maps are available for inspection at 1316 North 4th Street, Superior, WI 54880.

                                     Unincorporated Areas of Douglas County
Maps are available for inspection at 1313 Belknap Street, Superior, WI 54880.

Village of Lake Nebagamon
Maps are available for inspection at 11596 East Waterfront Street, Lake Nebagamon, WI 54849.

Village of Oliver
Maps are available for inspection at 2931 South Winona Avenue, Superior, WI 54880.
Village of Superior
Maps are available for inspection at 6702 Ogden Avenue, Superior, WI 54880
----------------------------------------------------------------------------------------------------------------

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

    Dated: December 3, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-31545 Filed 12-15-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Notices]
[Pages 33255-33258]
[FR Doc No: 2020-11648]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88943; File No. SR-NYSEArca-2020-50]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend Rule
6.72-O To Conform the Rule to Section 3.1 of the Plan for the Purpose
of Developing and Implementing Procedures Designed to Facilitate the
Listing and Trading of Standardized Options

May 26, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'')\2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on May 22, 2020, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Rule 6.72-O to conform the rule to
Section 3.1 of the Plan for the Purpose of Developing and Implementing
Procedures Designed to Facilitate the Listing and Trading of
Standardized Options (the ``OLPP'') and add new Rule 6.72A-O. The
proposed rule change is available on the Exchange's website at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this rule change is to amend Rule 6.72-O (Trading
Differentials) to align the rule with the recently approved amendment
to the OLPP.
Background
    On January 23, 2007, the Commission approved on a limited basis a
Penny Pilot in option classes in certain issues (``Penny Pilot''). The
Penny Pilot was designed to determine whether investors would benefit
from options being quoted in penny increments, and in which classes the
benefits were most significant. The Penny Pilot was expanded and
extended numerous times over the last 13 years.\4\ In each instance,
these approvals relied upon the consideration of data periodically
provided by the Exchanges that analyzed how quoting options in penny

increments affects spreads, liquidity, quote traffic, and volume.
Today, the Penny Pilot includes 363 option classes, which are among the
most actively traded, multiply listed option classes. The Penny Pilot
is scheduled to expire by its own terms on June 30, 2020.\5\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release Nos. 55156 (January 23,
2007) 72 FR 4759 (February 1, 2007) (NYSEArca-2006-73); 56150 (July
26, 2007) 72 FR 42460 (August 2, 2007) (NYSEArca-2007-56); 56568
(September 27, 2007) 72 FR 56422 (October 3, 2007) (NYSEArca-2007-
88); 59628 (March 26, 2009) 74 FR 15025 (NYSEArca-2009-26); 60224
(July 1, 2009) 74 FR 32991 (July 9, 2009) (NYSEArca-2009-61); 60711
(September 23, 2009) 74 FR 49419 (September 28, 2009) (NYSEArca-
2009-44); 61061 (November 24, 2009) 74 FR 62857 (December 1, 2009)
(NYSEArca-2009-44); 63376 (November 24, 2010) 75 FR 75527 (December
3, 2010) (NYSEArca-2010-104); 65977 (December 15, 2011) 76 FR 79234
(NYSEArca-2011-93); 67307 (June 28, 2012), 77 FR 40110 (July 6,
2012) (NYSEArca-2012-65); 68426 (December 13, 2012) 77 FR 75224
(December 19, 2012) (NYSEArca-2012-135); 69106 (March 11, 2013) 78
FR 16552 (March 15, 2013) (NYSEArca-2013-22); 69790 (June 18, 2013)
78 FR 37853 (June 24, 2013) (NYSE Arca-2013-59); 71159 (December 20,
2013), 78 FR 71163 (December 27, 2013) (NYSEArca-2013-145); 72192
(May 20, 2014) 79 FR 30209 (May 27, 2014) (NYSE Arca-2014-60); 73777
(December 8, 2014) 79 FR 73913 (December 12, 2014) (NYSEArca-2014-
136); 75280 (June 24, 2015) 80 FR 37331 (June 30, 2015) (NYSEArca-
2015-51); 78174 (June 28, 2016) 81 FR 43332 (July 1, 2016)
(NYSEArca-2016-88); 79524 (December 12, 2016) 81 FR 91220 (December
16, 2016) (NYSEArca-2016-156); 80988 (June 21, 2017) 82 FR 29128
(June 27, 2017) (NYSEArca-2017-68); 82366 (December 19, 2017) 82 FR
61052 (December 26, 2017) (NYSEArca-2017-141); 83512 (June 25, 2018)
83 FR 30793 (June 29, 2018) (NYSEArca-2018-49); 84873 (December 19,
2018) 83 FR 66798 (December 27, 2018) (NYSEArca-2018-96); 86062
(June 7, 2019) 84 FR 27669 (June 13, 2019) (NYSEArca-2019-41).
    \5\ See Securities Exchange Act Release No. 87610 (November 25,
2019) 84 FR 66047 (December 2, 2019) (NYSEArca-2019-83).
---------------------------------------------------------------------------

    In light of the imminent expiration of the Penny Pilot on June 30,
2020, the Exchange, together with other participating exchanges, filed,
on July 18, 2019 a proposal to amend the OLPP.\6\ On April 1, 2020 the
Commission approved the amendment to the OLPP to make permanent the
Pilot Program (the ``OLPP Program'').\7\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 87681 (December 9,
2019), 84 FR 68960 (December 17, 2019) (``Notice'').
    \7\ See Securities Exchange Act Release No. 88532 (April 1,
2020), 85 FR 19545 (April 7, 2020) (File No. 4-443) (``Approval
Order'').
---------------------------------------------------------------------------

    The OLPP Program replaces the Penny Pilot by instituting a
permanent program that would permit quoting in penny increments for
certain option classes. Under the terms of the OLPP Program, designated
option classes would continue to be quoted in $0.01 and $0.05
increments according to the same parameters for the Penny Pilot. In
addition, the OLPP Program would: (i) Establish an annual review
process to add option classes to, or to remove option classes from, the
OLPP Program; (ii) to allow an option class to be added to the OLPP
Program if it is a newly listed option class and it meets certain
criteria; (iii) to allow an option class to be added to the OLPP
Program if it is an option class that has seen a significant growth in
activity; (iv) to provide that if a corporate action involves one or
more option classes in the OLPP Program, all adjusted and unadjusted
series and classes emerging as a result of the corporate action will be
included in the OLPP Program; and (v) to provide that any series in an
option class participating in the OLPP Program that have been delisted,
or are identified by OCC as ineligible for opening Customer
transactions, will continue to trade pursuant to the OLPP Program until
they expire.
    To conform its Rules to the OLPP Program, the Exchange proposes to
delete Commentary .02 to Rule 6.72-O (the ``Penny Pilot Rule''), which
will be ``Reserved,'' and replace it with new Rule 6.72A-O
(Requirements for Penny Interval Program), which is described below,
and to replace references to ``Penny Pilot'' in the Exchange rules with
``Penny Interval Program.'' \8\ The Exchange also proposes to delete
the superfluous operational language in Commentary .01 regarding the
process for modifying trading differentials by rule filing because such
requirement remains the case today, as the Exchange must submit
proposed rule changes--including for Rule 6.72-O--to the Commission;
the Exchange will hold this Commentary as Reserved.\9\
---------------------------------------------------------------------------

    \8\ This proposed rule change will become operative on July 1,
2020, upon expiration of the current Penny Pilot on June 30, 2020.
    \9\ See Commentary .01 to Rule 6.72-O (providing that ``[t]he
Exchange may only change the trading differentials for option
contracts traded on the Exchange by filing a rule change proposal
with the SEC, pursuant to Section 19(b)(3)(A) of the Securities
Exchange Act of 1934 (effective upon filing)'').
---------------------------------------------------------------------------

Penny Interval Program
    The Exchange proposes to codify the OLPP Program in new Rule 6.72A-
O (Requirements for Penny Interval Program) (the ``Penny Program''),
which will replace the Penny Pilot Rule and permanently permit the
Exchange to quote certain option classes in minimum increments of one
cents ($0.01) and five cents ($0.05) (``penny increments''). The penny
increments that currently apply under the Penny Pilot will continue to
apply for option classes included in the Penny Program. Specifically,
(i) the minimum quoting increment for all series in the QQQ, SPY, and
IWM would continue to be $0.01, regardless of price; \10\ (ii) all
series of an option class included in the Penny Program with a price of
less than $3.00 would be quoted in $0.01 increments; and (iii) all
series of an option class included in the Penny Program with a price of
$3.00 or higher would be quoted in $0.05 increments.
---------------------------------------------------------------------------

    \10\ See Rule 6.72-O(a)(3)(A)-(C).
---------------------------------------------------------------------------

    The Penny Program would initially apply to the 363 most actively
traded multiply listed option classes, based on National Cleared Volume
at The Options Clearing Corporation (``OCC'') in the six full calendar
months ending in the month of approval (i.e., November 2019--April
2020) that currently quote in penny increments, or overlie securities
priced below $200, or any index at an index level below $200.
Eligibility for inclusion in the Penny Program will be determined at
the close of trading on the monthly Expiration Friday of the second
full month following April 1, 2020 (i.e., June 19, 2020).
    Once in the Penny Program, an option class will remain included
until it is no longer among the 425 most actively traded option classes
at the time the annual review is conducted (described below), at which
point it will be removed from the Penny Program. As described in more
detail below, the removed class will be replaced by the next most
actively traded multiply listed option class overlying securities
priced below $200 per share, or any index at an index level below $200,
and not yet in the Penny Program. Advanced notice regarding the option
classes included, added, or removed from the Penny Program will be
provided to the Exchange's membership via Trader Update and published
by the Exchange on its website.
Annual Review
    The Penny Program would include an annual review process that
applies objective criteria to determine option classes to be added to,
or removed from, the Penny Program. Specifically, on an annual basis
beginning in December 2020 and occurring ever December thereafter, the
Exchange will review and rank all multiply listed option classes based
on National Cleared Volume at OCC for the six full calendar months from
June 1st through November 30th for determination of the most actively
traded option classes. Any option classes not yet in the Penny Program
may be added to the Penny Program if the class is among the 300 most
actively traded multiply listed option classes and priced below $200
per share or any index at an index level below $200.
    Following the annual review, option classes to be added to the
Penny Program would begin quoting in penny increments (i.e., $0.01 if
trading at less than $3; and $0.05 if trading at $3 and above) on the
first trading day of January.\11\ In addition, following the annual
review, any option class in the Penny Program that falls outside of the
425 most actively traded option classes would be removed from the Penny
Program. After the annual review, option classes that are removed from
the Penny Program will be subject to the minimum trading increments set
forth in Rule 6.72-O, effective on the first trading day of April.
---------------------------------------------------------------------------

    \11\ See id. (providing that the minimum quoting increment for
all series in the QQQ, SPY, and IWM would continue to be $0.01,
regardless of price).
---------------------------------------------------------------------------

Changes to the Composition of the Penny Program Outside of the Annual
Review Newly Listed Option Classes and Option Classes With Significant
Growth in Activity
    The Penny Program would specify a process and parameters for
including option classes in the Program outside the annual review
process in two circumstances. These provisions are

designed to provide objective criteria to add to the Penny Program new
option classes in issues with the most demonstrated trading interest
from market participants and investors on an expedited basis prior to
the annual review, with the benefit that market participants and
investors will then be able to trade these new option classes based
upon quotes expressed in finer trading increments.
    First, the Penny Program provides for certain newly listed option
classes to be added to the Penny Program outside of the annual review
process, provided that (i) the class is among the 300 most actively
traded, multiply listed option classes, as ranked by National Cleared
Volume at OCC, in its first full calendar month of trading; and (ii)
the underlying security is priced below $200 or the underlying index is
at an index level below $200. Such newly listed option classes added to
the Penny Program pursuant to this process would remain in the Penny
Program for one full calendar year and then would be subject to the
annual review process.
    Second, the Penny Program would allow an option class to be added
to the Penny Program outside of the annual review process if it is an
option class that meets certain specific criteria. Specifically, new
option classes may be added to the Penny Program if: (i) the option
class is among the 75 most actively traded multiply listed option
classes, as ranked by National Cleared Volume at OCC, in the prior six
full calendar months of trading and (ii) the underlying security is
priced below $200 or the underlying index is at an index level below
$200. Any option class added under this provision will be added on the
first trading day of the second full month after it qualifies and will
remain in the Penny Program for the rest of the calendar year, after
which it will be subject to the annual review process.
Corporate Actions
    The Penny Program would also specify a process to address option
classes in the Penny Program that undergo a corporate action and is
designed to ensure continuous liquidity in the affected option classes.
Specifically, if a corporate action involves one or more option classes
in the Penny Program, all adjusted and unadjusted series of an option
class would continue to be included in the Penny Program.\12\
Furthermore, neither the trading volume threshold, nor the initial
price test would apply to option classes added to the Penny Program as
a result of the corporate action. Finally, the newly added adjusted and
unadjusted series of the option class would remain in the Penny Program
for one full calendar year and then would become subject to the annual
review process.
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    \12\ For example, if Company A acquires Company B and Company A
is not in the Penny Program but Company B is in the Penny Program,
once the merger is consummated and an options contract adjustment is
effective, then Company A would be added to the Penny Program and
remain in the Penny Program for one calendar year.
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Delisted or Ineligible Option Classes
    Finally, the Penny Program would provide a mechanism to address
option classes that have been delisted or those that are no longer
eligible for listing. Specifically, any series in an option class
participating in the Penny Program in which the underlying has been
delisted, or is identified by OCC as ineligible for opening customer
transactions, would continue to quote pursuant to the terms of the
Penny Program until all options series have expired.
Technical Changes
    The Exchange proposes to replace reference to the Penny Pilot with
reference to the Penny Interval Program in Rules 6.72-O(a), 6.80-O(a)
and Commentary .01 thereto, 6.4-O, Commentary .14. The Exchange
believes these technical changes would add clarity, transparency and
internal consistency to Exchange rules making them easier to navigate.
Implementation
    This proposed rule change will become operative on July 1, 2020,
upon expiration of the current Penny Pilot on June 30, 2020. The
Exchange proposes to implement the Penny Program on July 1, 2020, which
is the first trading day of the third month following the Approval
Order issued on April 1, 2020--i.e., July 1, 2020.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act''),\13\ in
general, and furthers the objectives of Section 6(b)(5) of the Act,\14\
in particular, in that it is 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.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
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    In particular, the proposed rule change, which conforms the
Exchange rules to the recently adopted OLPP Program, allows the
Exchange to provide market participants with a permanent Penny Program
for quoting options in penny increments, which maximizes the benefit of
quoting in a finer quoting increment to investors while minimizing the
burden that a finer quoting increment places on quote traffic.
    Accordingly, the Exchange believes that the proposal is consistent
with the Act because, in conforming the Exchange rules to the OLPP
Program, the Penny Program would employ processes, based upon objective
criteria, that would rebalance the composition of the Penny Program,
thereby helping to ensure that the most actively traded option classes
are included in the Penny Program, which helps facilitate the
maintenance of a fair and orderly market.
Technical Changes
    The Exchange notes that the proposed change to Rules 6.72-O, 6.80-O
and 6.4-O to replace references to the Penny Pilot with references to
the Penny Interval Program would provide clarity and transparency to
the Exchange rules and would promote just and equitable principles of
trade and remove impediments to, and perfect the mechanism of, a free
and open market and a national market system. The proposed rule changes
would also provide internal consistency within Exchange rules and
operate to protect investors and the investing public by making the
Exchange rules easier to navigate and comprehend.

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 Penny Program,
which modifies the exchange's rules to align them with the Commission
approved OLPP Program, is not designed to be a competitive filing nor
does it impose an undue burden on intermarket competition as the
Exchange anticipates that the options exchanges will adopt
substantially identical rules. Moreover, the Exchange believes that by
conforming Exchange rules to the OLPP Program, the Exchange would
promote regulatory clarity and consistency, thereby reducing burdens on
the marketplace and facilitating investor

protection. To the extent that there is a competitive burden on those
option classes that do not qualify for the Penny Program, the Exchange
believes that it is appropriate because the proposal should benefit all
market participants and investors by maximizing the benefit of a finer
quoting increment in those option classes with the most trading
interest while minimizing the burden of greater quote traffic in option
classes with less trading interest. The Exchange believes that adopting
rules, which it anticipates will likewise be adopted by all option
exchanges that are participants in the OLPP, would allow for continued
competition between Exchange market participants trading similar
products as their counterparts on other exchanges, while at the same
time allowing the Exchange to continue to compete for order flow with
other exchanges.

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 Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \15\ and Rule 19b-4(f)(6) thereunder.\16\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\17\
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    \15\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 15 U.S.C. 78s(b)(3)(A)(iii). Rule 19b-4(f)(6)(iii) requires
a self-regulatory organization to give the Commission written notice
of its intent to file the proposed rule change at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Commission notes that the Exchange satisfied this requirement.
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \18\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \18\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSEArca-2020-50 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-2020-50. 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-2020-50 and should be submitted
on or before June 22, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-11648 Filed 5-29-20; 8:45 am]
 BILLING CODE 8011-01-P