[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64181-64182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22455]


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SECURITIES AND EXCHANGE COMMISSION

[Investment Advisers Act Release No. 5607/File No. 803-00253]


D.B. Fitzpatrick & Co., Inc.

October 6, 2020.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of application for an exemptive order under Section 206A of 
the Investment Advisers Act of 1940 (the ``Act'') and rule 206(4)-5(e) 
under the Act.

Applicant: D.B. Fitzpatrick & Co., Inc. (``Applicant'').

Summary of Application: Applicant filed an application for an order 
under Section 206A of the Act and rule 206(4)-5(e) under the Act 
exempting it from rule 206(4)-5(a)(1) under the Act to permit Applicant 
to receive compensation from a government entity for investment 
advisory services provided to the government entity within the two-year 
period following contributions by a covered associate of the Applicant 
to an official of the government entity. The Commission issued a notice 
of application on April 9, 2020 \1\ (``Notice''). The Commission did 
not receive a hearing request and issued an order on May 5, 2020 \2\

[[Page 64182]]

(``Order'') granting the requested exemption. Due to a clerical error, 
the Notice was not published in the Federal Register and, therefore, 
the Commission is now publishing this notice in the Federal Register. 
The Commission is also stating, as provided below, a related position 
with respect to this matter.
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    \1\ Investment Advisers Act Release No. 5475 (Apr. 9, 2020) 
(notice).
    \2\ Investment Advisers Act Release No. 5946 (May 5, 2020) 
(order).

Filing Dates: The application was filed on January 22, 2020, and 
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amended on March 23, 2020 (``Application'').

Hearing or Notification of Hearing: Interested persons may request a 
hearing by emailing the Commission's Secretary at [email protected] and serving Applicant with a copy of the request by 
email. Hearing requests should be received by the Commission by 5:30 
p.m. on October 21, 2020, and should be accompanied by proof of service 
on the Applicant, in the form of an affidavit or, for lawyers, a 
certificate of service. Pursuant to rule 0-5 under the Act, hearing 
requests should state the nature of the writer's interest, any facts 
bearing upon the desirability of a hearing on the matter, the reason 
for the request, and the issues contested. Persons may request 
notification of a hearing by emailing the Commission's Secretary.

ADDRESSES: The Commission: [email protected]. Applicant: D.B. 
Fitzpatrick & Co., Inc. at [email protected].

FOR FURTHER INFORMATION CONTACT: Jean E. Minarick, Senior Counsel, at 
(202) 551-6811 or Kaitlin C. Bottock, Branch Chief, at (202) 551-6825 
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the 
application. The complete application may be obtained via the 
Commission's website at http://www.sec.gov/rules/iareleases.shtml or by 
calling (202) 551-8090.

Publication of Notice in the Federal Register

    1. Applicant filed the Application to request an order pursuant to 
Section 206A of the Act and rule 206(4)-5(e) thereunder exempting 
Applicant from rule 206(4)-5(a)(1) under the Act to permit the 
Applicant to receive compensation from a government entity within the 
two-year period following contributions by a covered associate of the 
Applicant to an official of the government entity. The Commission 
published the Application on its public website shortly thereafter.
    2. Based on the representations provided by the Applicant in the 
Application, the Commission issued the Notice on April 9, 2020, and 
published it on the Commission's public website on the same day. The 
Commission did not receive a hearing request. On May 5, 2020, the 
Commission issued the Order and published it on the Commission's public 
website on the same day. The Commission understands that the Applicant 
is relying on the Order.
    3. Because of a clerical error, the Notice was not published in the 
Federal Register. The Commission is thus publishing this notice in the 
Federal Register.

Commission Position

    The Commission takes the position that it would not provide a basis 
for a Commission enforcement action under Section 206(4) of the Act and 
rule 206(4)-5(e) under the Act against the Applicant if, in reliance on 
the Order and subject to its conditions, the Applicant receives 
compensation from the government entity identified in the Application 
within the two-year period following the contributions addressed in the 
application. This position will apply with respect to payments 
received, or released from escrow, from May 5, 2020 until the notice 
period for hearing requests has expired. Applicant has represented that 
since May 5, 2020, it has complied with the conditions of the Order.

    By the Commission.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-22455 Filed 10-8-20; 8:45 am]
BILLING CODE 8011-01-P