Federal Register / Vol. 77, No. 217 / Thursday, November 8, 2012 / Notices 67055 

are related to the level of services that the listed 

companies would use in the absence of 

complimentary arrangements. The Commission 

found, among other things, that ‘‘* * * the 

products and services and their commercial value 

are equitably allocated among issuers consistent 

with Section 6(b)(4) of the Act, and the rule does 

not unfairly discriminate between issuers consistent 

with Section 6(b)(5) of the Act.’’ 

16See supra note 4. 

17 15 U.S.C. 78s(b)(2). 

18 17 CFR 200.30–3(a)(12). 

The Commission also believes that it 

is consistent with the Act for the 

Exchange to use September 30, instead 

of December 31, for determining 

whether an issuer qualifies for 

complimentary products and services 

under Tier One and Tier Two. The 

Commission believes that this change 

should provide issuers with additional 

time to either select the services and 

products, if any, it qualifies for, as well 

as provide sufficient time to select 

another vendor if the issuer so chooses. 

The Commission also notes that certain 

other proposed changes are merely 

technical in nature, such as specifically 

excluding transfers from other U.S. 

exchanges from the definition of a 

newly listed issuer and replacing the 

term ‘‘Foreign Private Issuer’’ with 

‘‘non-U.S. companies.’’ With respect to 

excluding transfers from other U.S. 

exchanges, the Commission notes that 

the Exchange, in a prior filing, had 

specifically excluded transfers from 

another national securities exchange 

from its definition of ‘‘newly listed 

issuers,16 but did not codify the 

exclusion in Section 907. The 

Commission believes that codifying this 

exclusion should make the NYSE’s rule 

more transparent. 

IV. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,17 that the 

proposed rule change (SR–NYSE–2012– 

44) be, and it hereby is, approved. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.18

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–27289 Filed 11–7–12; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 8081] 

Application for a Presidential Permit 

To Operate and Maintain Pipeline 

Facilities (Line 39) on the Border of the 

United States and Canada 

AGENCY: Department of State. 

ACTION: Notice of Receipt of Application 

for a Presidential Permit To Operate and 

Maintain Pipeline Facilities (Line 39) on 

the Border of the United States and 

Canada. 

SUMMARY: Notice is hereby given that 

the Department of State (DOS) has 

received from NOVA Chemicals Inc. 

(‘‘NOVA Inc.’’) notice that by way of 

corporate succession, NOVA Inc. now 

owns, operates, and maintains pipeline 

facilities (Line 39) used to transport 

brine from a block valve site in St. Clair 

County, Michigan, near the city of 

Marysville to the international border 

between the United States and Canada. 

Line 39 was previously owned by 

Polysar Hydrocarbons Inc. (‘‘Polysar’’) 

and permitted under a 1986 Presidential 

Permit issued to NOVA Petrochemicals, 

Inc. NOVA Inc. requests a new 

Presidential Permit be issued under its 

name with respect to Line 39. 

NOVA Inc. is incorporated in the 

State of Delaware and is a whollyowned subsidiary of NOVA Chemicals 

Corporation (‘‘NOVA Corporation’’). 

NOVA Corporation is a company 

continued under the laws of the 

Province of New Brunswick, Canada. 

All of the issued and outstanding shares 

of NOVA Corporation are owned by a 

wholly owned subsidiary of the 

International Petroleum Investment 

Corporation (‘‘IPIC’’) which is wholly 

owned by the government of the Emirate 

of Abu Dhabi, United Arab Emirates. 

Line 39 was initially constructed and 

owned by Polysar Hydrocarbons Inc. 

(‘‘Polysar’’) in 1990–91. The initial 

application for the permit requested that 

the permit be issued to Polysar. The 

1991 permit was actually issued instead 

to NOVA Petrochemicals Inc. an affiliate 

of Polysar that was mentioned in the 

application, as owning the brine that 

would be transported on line 39. In 

February 1991, through a series of 

internal transactions, Polysar’s direct 

parent was merged into NOVA Inc. and 

Polysar changed its name to Novacor 

Hydrocarbons Inc. (‘‘Novacor’’). 

Novacor then changed its name to 

NOVA Hydrocarbons and then NOVA 

Chemicals Hydrocarbon, and shortly 

thereafter was merged into NOVA Inc. 

Through several more corporate 

transactions involving changes in 

ownership of NOVA Inc.’s corporate 

parent, none has affected NOVA Inc.’s 

or its parent NOVA Chemicals 

Corporation’s (‘‘NOVA Corporation’’) 

ownership of the border crossing facility 

subject to the 1991 Presidential Permit. 

NOVA Inc. anticipates no change in the 

operations of Line 39 relative to those 

that were authorized by the 1991 

permit. 

Under E.O. 13337 the Secretary of 

State is designated and empowered to 

receive all applications for Presidential 

Permits for the construction, 

connection, operation, or maintenance 

at the borders of the United States, of 

facilities for the exportation or 

importation of liquid petroleum, 

petroleum products, or other nongaseous fuels to or from a foreign 

country. The Department of State is 

circulating this application to concerned 

federal agencies for comment. The 

Department of State has the 

responsibility to determine whether 

issuance of a new Presidential Permit 

reflecting the change in ownership or 

control of Line 39 would be in the U.S. 

national interest. 

DATES: Interested parties are invited to 

submit comments within 30 days of the 

publication of this notice by email to 

Novachemicalpermit@state.gov with 

regard to whether issuing a new 

Presidential Permit reflecting the 

corporate succession and authorizing 

NOVA, Inc. to operate and maintain 

Line 39 would be in the national 

interest. The application is available at 

http://www.state.gov/e/enr/c52945.htm. 

FOR FURTHER INFORMATION CONTACT: 

Office of Energy Diplomacy, Energy 

Resources Bureau (ENR/EDP/EWA), 

Department of State, 2201 C St. NW., Ste 

4843, Washington, DC 20520, Attn: 

Michael Brennan, Tel: 202–647–7553. 

Email: brennanmf@state.gov. 

Dated: October 26, 2012. 

Douglas R. Kramer, 

Acting Director, Office of Europe, Western 

Hemisphere and Africa, Bureau of Energy 

Resources, U.S. Department of State. 

[FR Doc. 2012–27328 Filed 11–7–12; 8:45 am] 

BILLING CODE 4710–09–P 

DEPARTMENT OF STATE 

[Public Notice 8083] 

Application for a Presidential Permit 

To Operate and Maintain Pipeline 

Facilities on the Border of the United 

States and Canada 

AGENCY: Department of State. 

ACTION: Notice of Receipt of Application 

for a Presidential Permit to Operate and 

Maintain Pipeline Facilities on the 

Border of the United States and Canada. 

SUMMARY: Notice is hereby given that 

the Department of State (DOS) has 

received from NOVA Chemicals Inc. 

(‘‘NOVA Inc.’’) notice that by way of 

corporate succession, NOVA Inc. now 

owns, operates, and maintains three 

pipeline facilities (Lines 16, 18 and 19) 

previously owned by Polysar 


tkelley on DSK3SPTVN1PROD with NOTICES