[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Notices]
[Pages 57500-57506]
[FR Doc No: 2019-23265]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87377; File No. SR-CBOE-2019-099]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
and Consolidate Various Exchange Rules Relating to Trading Permit
Holder Membership, Registration and Participants and Move Those Rules
From the Currently Effective Rulebook to Proposed Chapter 3 of the
Shell Structure for the Exchange's Rulebook That Will Become Effective
Upon the Migration of the Exchange's Trading Platform to the Same
System Used by the Cboe Affiliated Exchanges

October 21, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 7, 2019, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') 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 Exchange. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule
19b-4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend and consolidate various Exchange
Rules relating to Trading Permit Holder membership, registration and
participants and move those Rules from the currently effective Rulebook
to proposed Chapter 3 of the shell structure for the Exchange's
Rulebook that will become effective upon the migration of the
Exchange's trading platform to the same system used by the Cboe
Affiliated Exchanges (as defined below) (``shell Rulebook''). The text
of the proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/

CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    In 2016, the Exchange's parent company, Cboe Global Markets, Inc.
(formerly named CBOE Holdings, Inc.) (``Cboe Global''), which is also
the parent company of Cboe C2 Exchange, Inc. (``C2''), acquired Cboe
EDGA Exchange, Inc. (``EDGA''), Cboe EDGX Exchange, Inc. (``EDGX'' or
``EDGX Options''), Cboe BZX Exchange, Inc. (``BZX'' or ``BZX
Options''), and Cboe BYX Exchange, Inc. (``BYX'' and, together with
Cboe Options, C2, EDGX, EDGA, and BZX, the ``Cboe Affiliated
Exchanges''). Cboe Options intends to migrate its trading platform to
the same system used by the Cboe Affiliated Exchanges, which the
Exchange expects to complete on October 7, 2019 (the ``migration'').
The Exchange proposes to amend certain registration-related rules,
effective October 7, 2019. In connection with this technology
migration, the Exchange has a shell Rulebook that resides alongside its
current Rulebook, which shell Rulebook will contain the Rules that will
be in place upon completion of the Cboe Options technology migration.
    Also, in connection with the restructuring of the Exchange's
Trading Permits, the Exchange proposes to modify its rules related to
nominees and proposed Responsible Persons (current Rules 1.1, 3.1, 3.8,
3.9, 3.10, 3.19 and 17.6), as discussed more fully below. The Exchange
also proposes to make non-substantive changes to simplify, clarify, and
generally update its registration-related rules by consolidating
various provisions and rules (including select rules not covered under
current Chapter III but pertain to membership, registration and
participants), deleting duplicative and obsolete rule provisions,
reformatting provision sequencing, numbering, and lettering, and
revising titles. The Exchange also updates cross-references to rules in
the shell Rulebook that will be implemented upon migration. The table
below lists each rule under current Chapter III, along with the few
additional rules related to membership, registration and participants
that the Exchange proposes to consolidate with the registration-related
rules, the proposed rule in the shell Rulebook to which the current
rule will be moved, whether the proposed change is substantive or non-
substantive, and finally, a description of the proposed rule change.
The Exchange notes that all current provisions proposed to move to the
corresponding proposed provisions in the shell Rulebook will also be
deleted from the current rules upon migration.

----------------------------------------------------------------------------------------------------------------
             Current rule                   Proposed rule          Substantive change     Description of change
----------------------------------------------------------------------------------------------------------------
N/A..................................  Rule 1.1 (Nominee        Y: see further           Updates the nominee
                                        defined).                discussion below.        definition to provide
                                                                                that a nominee
                                                                                represents TPH
                                                                                organization in all
                                                                                matters relating to
                                                                                the Exchange with
                                                                                respect to a Floor
                                                                                Broker or Market-Maker
                                                                                Floor Trading Permit,
                                                                                as more fully
                                                                                described below
N/A..................................  Rule 1.1 (Responsible    Y: see further           Adopts definition of a
                                        Person defined).         discussion below.        ``Responsible Person''
                                                                                as described more
                                                                                fully below.
Rule 3.1 (Trading Permits)...........  Rule 3.1 (Trading        N......................  Moves rule in its
                                        Permits).                                         entirety. Adds
                                                                                references to
                                                                                ``Responsible
                                                                                Persons'' in light of
                                                                                proposed rule change.
                                                                                Eliminates language
                                                                                regarding separate
                                                                                Trading Permits for
                                                                                RTH and GTH in current
                                                                                Rule 3.1(a)(iv) as
                                                                                post-migration
                                                                                electronic Trading
                                                                                Permits provide access
                                                                                to both sessions.
                                                                                Renumbers provisions
                                                                                and updates cross-
                                                                                references.
Rule 3.1A (Issuance of Trading         N/A (deleted)..........  N......................  Deletes obsolete rules
 Permits in Respect of Memberships                                                        that previously
 and Pre-Restructuring Transaction                                                        governed the issuance
 Trading Permits).                                                                        of Trading Permits in
                                                                                connection with the
                                                                                prior restructuring of
                                                                                the Exchange from a
                                                                                non-stock corporation
                                                                                to a stock corporation
                                                                                and wholly owned
                                                                                subsidiary of Cboe
                                                                                Global Markets, Inc.
Rule 3.2 (Qualifications of            Rule 3.2                 N......................  Moves rule in its
 Individual Trading Permit Holders).    (Qualifications of                                entirety. Renumbers
                                        Individual TPH).                                  provisions and updates
                                                                                title.
Rule 3.3 (Qualifications of TPH        Rule 3.3                 N......................  Moves rule in its
 organizations).                        (Qualifications of TPH                            entirety. Renumbers
                                        Organizations).                                   provisions.
Rule 3.4 (Foreign Trading Permit       Rule 3.4 (Foreign TPHs)  N......................  Moves rule in its
 Holders).                                                                                entirety. Updates
                                                                                title.
Rule 3.4A (Additional Trading Permit   Rule 3.5 (Additional     N......................  Moves rule in its
 Holder Qualifications).                TPH Qualifications).                              entirety. Renumbers
                                                                                provisions and updates
                                                                                title.
Rule 3.5 (Denial of and Conditions to  Rule 3.6 (Denial of and  N......................  Moves rule in its
 Being a Trading Permit Holder or       Conditions to Being a                             entirety. Renumbers
 Associated with a Trading Permit       TPH or Associated with                            provisions and updates
 Holder).                               a TPH).                                           cross-references and
                                                                                title.
Rule 3.6 (Persons Associated with TPH  Rule 3.7 (Persons        N......................  Moves rule in its
 Organizations).                        Associated with TPH                               entirety.
                                        Organizations).

Rule 3.6A (Qualification and           Rule 3.30                N......................  Moves rule in its
 Registration of Trading Permit         (Qualifications and                               entirety. Renumbers
 Holders and Associated Persons).       Registration of TPHs                              provisions and updates
                                        and Associated                                    cross-references and
                                        Persons).                                         title.
Rule 3.7 (Certain Documents Required   Rule 3.8 (Certain        N......................  Moves rule in its
 of Trading Permit Holders,             Documents Required of                             entirety. Renumbers
 Applicants, and Associated Persons).   TPHs, Applications and                            provisions and updates
                                        Associated Persons).                              cross-references and
                                                                                title.
Rule 3.8 (Nominees)..................  Rule 3.9 (Responsible    Y: see further           Moves rule in its
                                        Persons and Nominees).   discussion below.        entirety. Adopts
                                                                                concept of
                                                                                ``Responsible
                                                                                Person''. Amends and
                                                                                updates Rule
                                                                                accordingly, as
                                                                                described more fully
                                                                                below. Renumbers
                                                                                provisions, eliminates
                                                                                redundant provisions,
                                                                                and updates cross-
                                                                                references and title.
Rule 3.9 (Application Procedures and   Rule 3.10 (Application   N......................  Moves rule in its
 Approval or Disapproval).              Procedures and                                    entirety. Adds
                                        Approval or                                       references to
                                        Disapproval).                                     ``Responsible
                                                                                Persons'' and
                                                                                ``nominees''. Updates
                                                                                cross-references.
Rule 3.10 (Effectiveness of Trading    Rule 3.11                N......................  Moves rule in its
 Permit Holder or Approved Associated   (Effectiveness of PTH                             entirety. Adds
 Person Status).                        or Approved Associated                            references to
                                        Person Status).                                   ``Responsible
                                                                                Persons'' and
                                                                                ``nominees''. Updates
                                                                                cross-reference and
                                                                                title.
Rule 3.11 (Affiliation Between the     Rule 3.62 (Affiliation   N......................  Moves rule in its
 Exchange and a Trading Permit          Between the Exchange                              entirety. Updates
 Holder).                               and a TPH).                                       title.
Rule 3.12 (Cboe Trading as Outbound    Rule 3.63 (Cboe Trading  N......................  Moves rule in its
 Router).                               as Outbound Router).                              entirety.
Rule 3.13 (Cboe Trading as Inbound     Rule 3.64 (Cboe Trading  N......................  Moves rule in its
 Router).                               as Inbound Router).                               entirety.
Rule 3.14 (Reserved).................  N/A (deleted)..........  N......................  Deletes reserved rule.
Rule 3.15 (Reserved).................  N/A (deleted)..........  N......................  Deletes reserved rule.
Rule 3.16 (Reserved).................  N/A (deleted)..........  N......................  Deletes reserved rule.
Rule 3.17 (Reserved).................  N/A (deleted)..........  N......................  Deletes reserved rule.
Rule 3.18 (Trading Permit Holders and  Rule 3.13 (TPHs and      N......................  Moves rule in its
 Associated Persons Who Are or Become   Associated Persons Who                            entirety. Updates
 Subject to a Statutory                 Are or Become Subject                             cross-references and
 Disqualification).                     to a Statutory                                    title.
                                        Disqualification).
Rule 3.19 (Termination from Trading    Rule 3.14 (Termination   N......................  Moves rule in its
 Permit Holder Status).                 from TPH Status).                                 entirety. Adds
                                                                                reference to
                                                                                ``Responsible
                                                                                Person''. Updates
                                                                                title.
Rule 3.20 (Dissolution and             Rule 3.15 (Dissolution   N......................  Moves rule in its
 Liquidation of TPH Organizations).     and Liquidation of TPH                            entirety. Updates
                                        Organizations).                                   cross-reference.
Rule 3.21 (Obligations of Terminating  Rule 3.16 (Obligations   N......................  Moves in its entirety.
 Trading Permit Holders).               of Terminating TPHs).                             Updates title.
Rule 3.22 (Reserved).................  N/A (deleted)..........  N......................  Deletes reserved rule.
Rule 3.24 (Reserved).................  N/A (deleted)..........  N......................  Deletes reserved rule.
Rule 3.25 (Reserved).................  N/A (deleted)..........  N......................  Deletes reserved rule.
Rule 3.26 (Reserved).................  N/A (deleted)..........  N......................  Deletes reserved rule.
Rule 3.27 (Reserved).................  N/A (deleted)..........  N......................  Deletes reserved rule.
Rule 3.28 (Letters of Guarantee and    Rule 3.61 (Letters of    N......................  Moves rule in its
 Authorization).                        Guarantee and                                     entirety. New
                                        Authorization).                                   provisions added from
                                                                                other rules, as
                                                                                described more fully
                                                                                below. Clarify in new
                                                                                Rule 3.61(a) that TPHs
                                                                                must have a letter of
                                                                                guarantee from a
                                                                                Clearing Trading
                                                                                Permit Holder that is
                                                                                properly authorized by
                                                                                the Options Clearing
                                                                                Corporation (``OCC'')
                                                                                to operate during the
                                                                                GTH session, which is
                                                                                required currently
                                                                                today. Renumbers
                                                                                provisions.
Rule 3.29 (Membership in OneChicago,   Rule 3.65 (Membership    N......................  Moves rule in its
 LLC).                                  in OneChicago, LLC).                              entirety.
Rule 3.30 (Extension of Time Limits).  Rule 3.17 (Extension of  N......................  Moves rule in its
                                        Time Limits).                                     entirety.
Rule 3.31 (Reserved).................  N/A (deleted)..........  N......................  Deletes reserved rule.
Rule 3.32 (Ownership Concentration     Rule 3.18 (Ownership     N......................  Moves rule in its
 and Affiliation Limitation).           Concentration and                                 entirety.
                                        Affiliation
                                        Limitation).
Rule 6.20A (Sponsored Users).........  Rule 3.60 (Sponsored     N......................  Moves rule in its
                                        Users).                                           entirety. Eliminates
                                                                                reference to FLEX
                                                                                Hybrid Trading System
                                                                                in current Rule 6.20A
                                                                                .01 as FLEX will no
                                                                                longer trade on that
                                                                                system post-migration,
                                                                                but rather the same
                                                                                system as all other
                                                                                trading on Cboe
                                                                                Options. Renumbers
                                                                                provisions and updates
                                                                                cross-references.
Rule 6.70 (Floor Broker Defined)       Rule 3.50 (Floor         N......................  Current Rule 6.70 moves
Rule 6.71 (Registration of Floor        Brokers).                                         to new Rule 3.50(a).
 Brokers).                                                                                Current Rule 6.71
                                                                                moves to new Rule
                                                                                3.50(b). Renumbers
                                                                                provisions and updates
                                                                                cross-references.
                                                                                Updates title.

Rule 6.72 (Letters of Authorization).  Rule 3.61 (Letters of    N......................  Moves to Rule 3.61(b);
                                        Guarantee and                                     eliminates provisions
                                        Authorization).                                   in current rule
                                                                                6.72(c) and (d) as
                                                                                such provisions are
                                                                                redundant to
                                                                                provisions already
                                                                                covered by current
                                                                                Rule 3.28 (and now new
                                                                                rule 3.61(a)). Renames
                                                                                ``Letter of
                                                                                Authorization'' to
                                                                                ``Letter of
                                                                                Guarantee'' for
                                                                                consistency.
Rule 6.77 (Order Service Firms)......  Rule 3.59 (Order         N......................  Moves rule in its
                                        Service Firms).                                   entirety.
Rule 6.78 (Letters of Guarantee        Rule 3.61 (Letters of    N......................  Moves to Rule 3.61(d);
 Required of Order Service Firms).      Guarantee and                                     eliminates
                                        Authorization).                                   subparagraph (c) as
                                                                                such provision is
                                                                                redundant to provision
                                                                                already in current
                                                                                Rule 3.28 (and now new
                                                                                rule 3.61(a)).
Rule 8.5 (Letters of Guarantee)......  Rule 3.61 (Letters of    N......................  Moves to Rule 3.61(b);
                                        Guarantee and                                     eliminates
                                        Authorization).                                   subparagraph (c) as
                                                                                such provision is
                                                                                redundant to provision
                                                                                already in current
                                                                                Rule 3.28 (and now new
                                                                                rule 3.61(a)).
Rule 24A.13 (Letter of Guarantee or    Rule 3.61 (Letters of    N......................  Moves to Rule 3.61(e);
 Authorization).                        Guarantee and                                     eliminates
                                        Authorization).                                   subparagraph (c) as
                                                                                not necessary in light
                                                                                of consolidated rule.
N/A..................................  Rule 3.51 (OEFs).......  N......................  Adopts definition of
                                                                                ``OEF'' from Rule 1.1
                                                                                (Definitions) in shell
                                                                                rulebook.
N/A..................................  13.6...................  N......................  Adds reference to
                                                                                ``Responsible
                                                                                Person''.
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    Other than the proposed changes regarding Responsible Persons,
described more fully below, the proposed rules are virtually identical
(renumbering or reorganizing paragraphs, updating cross-references and
titles, and making the types of non-substantive or clarifying changes
as described above), and are merely moving from the current Rulebook to
the shell Rulebook. The Exchange intends to move the current rules
indicated above to proposed Chapter 3 of the shell Rulebook in order to
consolidate into one location the rules that relate to membership,
registration and participants.
Responsible Persons
    As noted above, in connection with the migration, the Exchange
intends to modify its current Trading Permit structure. By way of
background, current Cboe Option Rule 1.1 defines a Trading Permit as a
license issued by the Exchange that grants the holder or the holder's
nominee the right to access one or more of the facilities of the
Exchange for the purpose of effecting transactions in securities traded
on the Exchange without the services of another person acting as
broker, and otherwise to access the facilities of the Exchange for
purposes of trading or reporting transactions or transmitting orders or
quotations in securities traded on the Exchange, or to engage in other
activities that, under Cboe Options Rules, may only be engaged in by
Trading Permit Holders, provided that the holder or the holder's
nominee, as applicable, satisfies any applicable qualification
requirements to exercise those rights.\5\ The Exchange may issue
different types of Trading Permits and determine the fees for those
Trading Permits.\6\ The Exchange currently maintains three types of
Trading Permits. Particularly, the Exchange offers a Market-Maker
Trading Permit, a Floor Broker Trading Permit and an Electronic Access
Permit. The Exchange also offers separate Market-Maker and Electronic
Access Permit for the Global Trading Hours (``GTH'') session. More
specifically, Market-Maker trading Permits entitle the holder to act as
a Market-Maker, including a Market-Maker trading remotely, DPM, eDPM,
or LMM, and also provides an appointment credit of 1.0, a quoting and
order entry bandwidth allowance, up to three logins, trading floor
access and TPH status.\7\ A Floor Broker Trading Permit entitles the
holder to act as a Floor broker, provides an order entry bandwidth
allowance, up to 3 logins, trading floor access and TPH status.\8\
Lastly, an Electronic Access Permit (``EAP'') entitles the holder to
electronic access to the Exchange. Holders of EAPs must be broker-
dealers registered with the Exchange in one or more of the following
capacities: (a) Clearing TPH, (b) TPH organization approved to transact
business with the public, (c) Proprietary TPHs and (d) order service
firms. The permit does not provide access to the trading floor. An EAP
also provides an order entry bandwidth allowance, up to 3 logins and
TPH status.\9\ In addition, Rule 3.1(a)(v) provides, in relevant part,
that Trading Permits will be subject to such fees and charges as are
established by the Exchange from time to time pursuant to Exchange Rule
2.1 and the Exchange Fees Schedule.\10\
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    \5\ A Trading Permit does not convey any ownership interest in
the Exchange, is only available through the Exchange, and is subject
to the terms and conditions set forth in Cboe Options Rule 3.1.
    \6\ See Cboe Options Rule 3.1(v).
    \7\ See Cboe Options Fees Schedule.
    \8\ Id.
    \9\ Id.
    \10\ The Exchange has submitted a separate rule filing to amend
Trading Permit fees. See SR-CBOE-2019-082.
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    As noted above, Trading Permits are currently tied to bandwidth
allocation, logins and appointment costs, and as such, TPH
organizations may hold multiple Trading Permits of the same type in
order to meet their connectivity needs. Post-Migration, bandwidth
allocation, logins and appointment costs will no longer be tied to a
Trading Permit, and as such, the Exchange is modifying its Trading
Permit structure. Specifically, post-Migration, the Exchange will issue
five types of Trading Permits; an electronic Market-Maker Permit, an
Electronic Access Permit, a Clearing TPH Permit, a Market-Maker Floor
Permit and a Floor Broker Permit.\11\ More specifically, the Exchange
will provide that for electronic access to the Exchange, a TPH need
only purchase one of the following permit types for each trading
function the TPH intends to perform: Market-Maker Electronic Access
Permit (``MM EAP'') in order to act as an off-floor Market-Maker,
Electronic Access Permit (``EAP'') in order to submit orders

electronically to the Exchange,\12\ and a Clearing TPH Permit, for TPHs
approved solely as a Clearing TPH.\13\ Additionally, as part of the
migration the Exchange is eliminating Global Trading Hours Trading
Permits. Instead, the Exchange will provide that any MM EAP, EAP and
Clearing TPH Permit provides access (at no additional cost) to the GTH
session.\14\ Post-migration, the Exchange will have separate Trading
Permits for on-floor and off-floor activity. As such, the Exchange will
be maintaining a Floor Broker Trading Permit (``FB Permit'') and
adopting a new Market-Maker Floor Permit (``MM Floor Permit'') for on-
floor Market-Makers. Floor-based permits may only be tied to one
individual (i.e., nominee) at a time.
---------------------------------------------------------------------------

    \11\ Cboe Option Rules provides the Exchange authority to issue
different types of Trading Permits which allows holders, among other
things, to act in one or more trading functions authorized by the
Rules. See Cboe Options Rule 3.1(a)(iv).
    \12\ EAPs may be purchased by TPHs that both clear transactions
for other TPHs (i.e., a ``Clearing TPH'') and submit orders
electronically.
    \13\ Currently any TPH that is registered to act as a Clearing
TPH must purchase an Electronic Access Permit, whether or not that
Clearing TPH acts solely as a Clearing TPH or acts as a Clearing TPH
and submits orders electronically. The Exchange proposes to adopt a
new Trading Permit, for any TPH that is registered to act solely as
Clearing TPH. Clearing TPHs that both clear transactions for other
TPHs and that are approved in a capacity to submit orders
electronically to the Exchange need only obtain the proposed EAP.
    \14\ Clearing TPHs must be properly authorized by the Options
Clearing Corporation (``OCC'') to operate during the GTH session. As
such, in order to participate in GTH, a TPH must have a Letter of
Guarantee on file from a Clearing TPH that is authorized to operate
during GTH. The Exchange proposes to amend proposed Rule 3.61
(current Rule 3.28), to make this point clear in the rules.
---------------------------------------------------------------------------

    In light of the restructuring of the Exchange's Trading Permits,
the Exchange therefore proposes to modify its rules related to
nominees. Currently, a TPH organization must designate an individual
nominee to represent the organization with respect to that Trading
Permit in all matters relating to the Exchange, provided that in the
case of a Trading Permit held in the name of an individual, the TPH
organization shall be required to designate that individual as the
nominee for that Trading Permit.\15\ Additionally, in the situation
where the TPH organization is holding multiple Trading Permits in its
name, the TPH organization may designate the same individual to be a
nominee for those Trading Permits.\16\ Moreover, each nominee of a TPH
organization, except for a nominee of a TPH organization approved
solely as a Clearing Trading Permit Holder and/or to transact business
with the public pursuant to current Rule 9.1, is required to have an
authorized trading function.\17\ Among other requirements, a nominee is
required to be materially involved in the daily operation of the
Exchange business activities of the TPH organization for which the
person is a nominee; have authorized trading functions only on behalf
of one TPH organization; and perform trading functions only on behalf
of the TPH organization for which the person is approved by the
Exchange to perform such functions and may not perform trading
functions on the person's own behalf or on behalf of another TPH
organization.\18\
---------------------------------------------------------------------------

    \15\ See Current Cboe Options Rule 3.8(a)(i).
    \16\ See Current Cboe Options Rule 3.8(a)(ii).
    \17\ See Current Cboe Options Rule 3.8(a)(iii).
    \18\ See Current Cboe Options Rule 3.8(c).
---------------------------------------------------------------------------

    Post-migration the Exchange proposes to provide that only floor-
based Trading Permits (i.e., MM Floor and FB Permits) require the
designation of a nominee. In lieu of nominees, TPH organizations that
hold electronic permits (i.e., MM EAPs, EAPs and Clearing TPH Permits)
will be required to designate at least one ``Responsible Person''. The
Responsible Person will be required to be affiliated with the TPH and
shall represent the organization with respect to a TPH's electronic
Trading Permit(s) in all matters relating to the Exchange. The
Responsible Person must be a U.S.-based officer, director or
management-level employee of the TPH, who is responsible for the direct
supervision and control of Associated Persons of that TPH. A
Responsible Person for a Foreign Trading Permit Holder does not need to
be U.S.-based, but must be an individual registered in Web CRD.\19\ The
Exchange notes that its affiliate C2 similarly requires the designation
of a Responsible Person.\20\ In connection with the proposed change,
the Exchange proposes to amend its nominee rule (current Rule 3.8,
proposed new Rule 3.9) to adopt new subparagraph 3.9(a), which will set
forth the requirements relating to Responsible Persons, as well as add
corresponding references to Responsible Persons in the remaining
provisions of proposed Rule 3.9. Proposed Rule 3.9(a) is substantially
similar to C2's corresponding rule.\21\
---------------------------------------------------------------------------

    \19\ The Exchange notes that for Foreign TPHs, the requirement
that the individual be U.S.-based is waived as such TPHs may not
have an individual that meets all of the proposed requirements based
in the U.S.
    \20\ See C2 Rule 1.1 (``Responsible Person'') and Rule 3.8
(Responsible Person).
    \21\ See C2 Rule 1.1 (``Responsible Person'') and Rule 3.8
(Responsible Person).
---------------------------------------------------------------------------

    With respect to floor-based permits, the Exchange will still
require the designation of a nominee per permit. Particularly, proposed
subparagraph (b) will provide that each TPH organization that is holder
of a FB Permit or MM Floor Permit must designate an individual nominee
to represent the organization with respect to each FB Permit or MM
Floor Permit in all matters relating to the Exchange. As noted above,
each FB Permit and MM Floor Permit may only be tied to one individual
at a time.\22\ As such, the Exchange proposes to eliminate the language
in current Rule 3.8(a)(ii) which allows a TPH to designate the same
individual to be a nominee for its Trading Permits. The Exchange notes
however, that a nominee of a TPH may also be designated as a
Responsible Person with respect to a TPH's electronic Trading Permits
so long as such nominee satisfies the proposed requirements of being a
Responsible Person. Similarly, a Responsible Person may also be
designated as a nominee for a TPH's floor Trading Permits so long as
such person satisfies the requirements of being a nominee. A TPH
organization may never have more individuals (i.e., nominees) on the
floor than it has floor-based Trading Permits. Further, each nominee
must be registered as a Floor Broker if acting as a nominee on behalf
of a FB Permit and registered as a Market-Maker if acting as a nominee
on behalf of a MM Floor Permit. As is the case today, a nominee may
have authorized trading functions only on behalf of one TPH
organization and may perform trading functions only on behalf of the
TPH organization for which the person is approved by the Exchange to
perform such functions and may not perform trading functions on the
person's own behalf or on behalf of another TPH organization.\23\ As
nominees will be required to be registered as either a Floor Broker or
Market-Maker, the Exchange believes the requirement under current Rule
3.8(c)(i) to be materially involved in the daily operation of the
Exchange activities of the TPH organization is no longer necessary and
as such the Exchange proposes to delete such provision.\24\ The
Exchange also proposes to eliminate current subparagraph 3.8(a)(v),
which provides each nominee of a TPH organization who is approved to be
a Trading Permit Holder shall be deemed to be an individual Trading
Permit Holder. The Exchange believes this point is already made clear
current (and proposed) Rule

3.2 which provides ``An individual must satisfy the following
requirements in order to be an individual Trading Permit Holder,
whether in the capacity of a holder of a Trading Permit or a nominee of
a TPH'' and as such the proposed language is redundant and unnecessary.
---------------------------------------------------------------------------

    \22\ TPHs may continue to designate and maintain ``inactive
nominees'' pursuant to proposed Rule 3.9(e) (current Rule 3.8(e)).
    \23\ The Exchange proposes to relocate these provisions from
current Cboe Options Rule 3.8(c)(ii)-(iii) to new subparagraph (b)
of proposed Rule 3.9, making the rule easier to follow.
    \24\ Given the proposed deletion of the language in current Rule
3.8(c)(i) and the relocation of current subparagraphs (c)(ii) and
(c)(iii), current Rule 3.8(c) will be eliminated in its entirety.
---------------------------------------------------------------------------

    In connection with the proposed changes relating to Responsible
Persons and nominees, the Exchange proposes to also amend other
exchange rules. Particularly, the Exchange proposes to amend the
following rules: (1) Proposed Rule 3.1 (currently Rule 3.1), to provide
Responsible Persons, in addition to nominees, are subject to the
regulatory jurisdiction of the Exchange and that a TPH organization may
change the designation of Responsible Persons in addition to nominees
with respect to its Trading Permits; (2) proposed Rule 3.10 (currently
Rule 3.9) to clarify that any individual that is designated as a
nominee or Responsible Person must submit an application and be
investigated, in accordance with the rule; (3) proposed Rule 3.11
(currently Rule 3.10) to clarify that each Responsible Person and
nominee must become effective within 90 days of the date of the
applicant's approval for such status; (4) proposed Rule 3.14 (currently
Rule 3.19) to clarify that a TPH's status may be automatically
terminated if it has no Responsible Person or nominee; and (5) proposed
Rule 13.6 (currently Rule 17.6) to provide that a Responsible Person or
nominee may represent a TPH organization in a hearing.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\25\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \26\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \27\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78f(b).
    \26\ 15 U.S.C. 78f(b)(5).
    \27\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed rule changes will
remove impediments to and perfect the mechanism of a free and open
market and a national market system by providing for a more streamlined
and simplified permit structure and rules relating to nominees and
proposed Responsible Persons. Particularly, post-migration, the new
connectivity and permit structure will eliminate the need for TPHs to
hold multiple permits for purposes of appointment costs, logins and/or
bandwidth and will provide clear distinctions between off-floor and on-
floor permits and the individual representatives of such permits (i.e.,
nominees and Responsible Persons). The Exchange believes the proposal
to require TPHs to designate a Responsible Person, instead of a
nominee, for such Trading Permits therefore provides for a more
straightforward administration of the Exchange's permit structure.
Indeed, the proposed change more closely aligns the Exchange's
membership requirements with those of its affiliate exchange, C2, which
has a similar electronic permit structure as proposed and is on the
same platform the Exchange is migrating to.\28\ The Exchange believes
its proposal to adopt Responsible Persons therefore provides greater
uniformity of the Exchange's rules and its affiliated exchange and
therefore less burdensome and more efficient regulatory compliance. The
proposed definition of a Responsible Persons is also substantially the
same as other exchanges that have a similar requirement.\29\ The
Exchange notes that similar to a designated nominee, Responsible
Persons will represent the organization with respect to each electronic
Trading Permit in all matters relating to the Exchange. As such, every
TPH organization, whether participating electronically or on the floor
of the Exchange, will continue to have a designated individual that
represents the Exchange, and has gone through an application and
investigation process.
---------------------------------------------------------------------------

    \28\ See C2 Rules1.1 (``Responsible Person'') and 3.8
(Responsible Person).
    \29\ See e.g., MIAX Options Rules 100 and 207.
---------------------------------------------------------------------------

    The Exchange notes that it is not substantively changing any rights
or obligations of nominees of floor Trading Permits. Rather, the
Exchange merely is proposing to update its rules to reflect that
nominees will, upon migration, only represent a FB Trading Permit or MM
Floor Trading Permit and therefore must only be registered as a FB or
MM, respectively. The Exchange believes the proposed changes to its
nominee rule (current Rule 3.8, proposed Rule 3.9) also alleviates
confusion by reorganizing and consolidating provisions, simplifying
language, and removing redundancies.
    As stated, the proposed rule changes not related to Responsible
Persons makes no substantive changes to the rules. Rather, those
proposed rule changes are merely intended to make the types of non-
substantive or clarifying changes as described in the table and
discussion above and relocate the Exchange's rules to the shell
Rulebook and update their numbers, paragraph structure, including
number and lettering format, and cross-references to conform to the
shell Rulebook as a whole in anticipation of the technology migration
on October 7, 2019. As such, the proposed rule change is designed 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, by improving the way the Exchange's Rulebook is organized,
making it easier to read, and, particularly, helping market
participants better understand the rules of the Exchange, which will
also result in less burdensome and more efficient regulatory
compliance.

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. Particularly, the Exchange
does not believe that the proposed rule change will impose any burden
on intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because the proposed changes
apply to all TPHs. The proposed rule change also does not address
competitive issues, but rather, amends its requirements relating to
nominees in connection with the upcoming technology migration and
resulting change in the Exchange's Trading Permit structure and/or
makes non-substantive rule changes in relocating the rules and updating
cross-references to shell rules in anticipation of the October 7, 2019
technology migration. The Exchange does not believe that the proposed
rule change will impose any burden on intermarket competition that is
not necessary or appropriate in furtherance of the

purposes of the Act because the proposed change only affects TPHs of
Cboe Options and those applying for membership to Cboe Options. To the
extent that the proposed change makes Cboe Options a more attractive
marketplace for market participants at other exchanges, such market
participants are welcome to become Cboe Options market participants.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing 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 for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \30\ and Rule 19b-
4(f)(6) thereunder.\31\
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78s(b)(3)(A).
    \31\ 17 CFR 240.19b-4(f)(6). In addition, 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, along
with a brief description and text of 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 Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \32\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \33\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the Exchange may implement the proposed rule change at the time of its
anticipated October 7, 2019 system migration. The Exchange believes
that waiver of the operative delay is appropriate because, as the
Exchange discussed above, its proposal does not make any substantive
changes to the Exchange's rules. The Commission believes that waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest because the proposal does not raise
any new or novel issues and makes only non-substantive changes to the
rules. Therefore, the Commission hereby waives the operative delay and
designates the proposal as operative upon filing.\34\
---------------------------------------------------------------------------

    \32\ 17 CFR 240.19b-4(f)(6).
    \33\ 17 CFR 240.19b-4(f)(6)(iii).
    \34\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the 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 will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

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-CBOE-2019-099 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-CBOE-2019-099. 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-CBOE-2019-099 and should be submitted on
or before November 15, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\35\
---------------------------------------------------------------------------

    \35\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-23265 Filed 10-24-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 80 (Wednesday, April 25, 2012)]
[Notices]
[Pages 24764-24766]
[FR Doc No: 2012-9953]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2010-0053]

Visual-Manual NHTSA Driver Distraction Guidelines for In-Vehicle
Electronic Devices

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Proposed Federal guidelines; extension of comment period.

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

SUMMARY: On February 24, 2012, NHTSA published proposed voluntary NHTSA
Driver Distraction Guidelines for in-vehicle electronic devices. The
agency provided a 60-day comment period. We received a petition from
the Alliance of Automobile Manufacturers requesting an extension of the
comment period. The petitioner argued that additional time was needed
to review information that was not placed in the docket when the
proposed NHTSA Guidelines were published. After considering the
petition, we are extending the comment period by 24 days, from April
24, 2012, to May 18, 2012.

DATES: The comment period for the proposed NHTSA Guidelines published
February 24, 2012, at 77 FR 11200, is extended. You should submit your
comments early enough to ensure that the docket receives them not later
than May 18, 2012.

ADDRESSES: You may submit comments to the docket number identified in
the heading of this document by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: For detailed instructions on submitting comments, see
the Public Participation heading of the Supplementary Information
section of this document. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the ``Privacy Act'' heading
below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://DocketInfo.dot.gov.
    Confidential Business Information: If you wish to submit any
information under a claim of confidentiality, you should submit three
copies of your complete submission, including the information you claim
to be confidential business information, to the Chief Counsel, National
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., West
Building 4th Floor, Room W41-318, Washington, DC 20590. In addition,
you should submit two copies, from which you have deleted the claimed
confidential business information, to Docket Management at the address
given above. When you send a comment containing information claimed to
be confidential business information, you should include a cover letter
setting forth the information specified in our confidential business
information regulation (49 CFR Part 512).
    Docket: For access to the Docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
Docket.

FOR FURTHER INFORMATION CONTACT: For technical issues, you may contact
Dr. W. Riley Garrott, Vehicle Research and Test Center, telephone:
(937) 666-3312, facsimile:<PHONE_NUMBER>. You may send mail to this
person at: The National Highway Traffic Safety Administration, Vehicle
Research and Test Center, P.O. Box B-37, East Liberty, OH 43319.

SUPPLEMENTARY INFORMATION: On February 24, 2012, NHTSA published in the
Federal Register a notice proposing voluntary NHTSA Driver Distraction
Guidelines for in-vehicle electronic devices (77 FR 11200). The
proposed NHTSA Guidelines are meant to promote safety by discouraging
the introduction of excessively distracting devices in vehicles. These
NHTSA Guidelines, which are voluntary, apply to communications,
entertainment, information gathering, and navigation devices or
functions that are not required to operate the vehicle safely and that
are operated by the driver through visual-manual means (meaning

the driver looking at a device, manipulating a device-related control
with the driver's hand, and watching for visual feedback). We provided
a 60-day comment period.
    In a petition dated March 9, 2012,\1\ the Alliance of Automobile
Manufacturers (Alliance) requested that certain information, including
several research reports referenced in the notice, be placed in the
docket. The Alliance also requested that a public workshop be held to
provide an opportunity for all interested parties to gain a better
understanding of the technical details supporting the proposed
Guidelines and to share advanced technical information in an effective
manner in order to help the agency as it reviews comments and works to
finalize the Guidelines. The Alliance requested an extension of the
comment period by at least an additional 60 days from the date that all
the supporting research and data were submitted into the public docket
or from the date of any technical workshop, whichever was later.
---------------------------------------------------------------------------

    \1\ Alliance Petition, Docket No. NHTSA-2010-0053-0015.
---------------------------------------------------------------------------

    On March 23, 2012, NHTSA held a public workshop at its Vehicle
Research and Test Center in East Liberty, Ohio, to provide interested
parties with an opportunity to discuss issues relevant to the technical
aspects of the proposed NHTSA Guidelines. The workshop included brief
NHTSA presentations outlining the content and basis of the proposed
Guidelines and presentations from attendees. The presentations and
written comments from the workshop were placed in the docket on April
9, 2012.\2\ The four research reports cited in the proposed Guidelines
but not initially included in the docket are expected to be available
in the docket in late April or early May 2012.\3\
---------------------------------------------------------------------------

    \2\ Docket No. NHTSA-2010-0053-0045. Additional information
regarding the classification of the police-reported crash data in
Table 1 of the February 24, 2012 notice was also placed in the
Docket on April 9, 2012. Docket No. NHTSA-2010-0053-0046.
    \3\ The titles of the four reports are: An Examination of the
Definition of ``Task'' and Use of ``Tax Taxonomies'' Based on
Interviews with Experts; Summary of Radio Tuning Effects on Visual
and Driving Performance Measures--Simulator and Test Track Studies;
Driver Eye Glance Behavior During Visual-Manual Secondary Task
Performance: Occlusion Method Versus Simulated Driving; and
Explanatory Material about the Definition of a Task Used in NHTSA's
Driver Distraction Guidelines, and Task Examples.
---------------------------------------------------------------------------

    After considering the petition from the Alliance, we have decided
to extend the comment period by 24 days. We wish to facilitate the
efforts of the petitioner and other interested persons to provide
complete comments. We believe that a 24-day extension will ensure that
interested persons have sufficient time to analyze the relevant
research reports and information presented at the technical workshop.
The workshop was held on March 23, and the presentations and written
comments from the workshop were placed in the docket on April 9. With
the extension considered, all interested persons will have had
approximately six weeks to review the information presented at the
workshop before the end of the comment period. Additionally, all four
reports referenced in the proposed Guidelines and noted in the
Alliance's petition are expected to be available in the docket in late
April or early May 2012. Given the agency's schedule for placing these
reports in the docket, we expect that all interested persons will, with
the extension considered, have had approximately one and a half to
three and a half weeks to review these reports before the end of the
comment period. This range of time reflects the fact that the reports
will be individually placed in the docket as they are finalized so that
interested persons can have access to them as soon as possible.
Additionally, to the extent possible, we will consider comments that
Docket Management receives after the close of the comment period.
    The Alliance did not provide any detailed information showing why a
longer extension, such as its suggestion of 60 days from the docketing
of the research reports or date of the public workshop, would be
necessary.

Public Participation

How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your
comments are correctly filed in the docket, please include the docket
number of this document in your comments.
    Your comments must not be more than 15 pages long. (49 CFR 553.21).
We established this limit to encourage you to write your primary
comments in a concise fashion. However, you may attach necessary
additional documents to your comments. There is no limit on the length
of the attachments.
    Comments may be submitted to the docket electronically by logging
onto the docket Management System Web site at http://www.regulations.gov. Follow the online instructions for submitting
comments.
    You may also submit two copies of your comments, including the
attachments, to docket Management at the address given above under
ADDRESSES.
    Please note that pursuant to the Data Quality Act, in order for
substantive data to be relied upon and used by the agency, it must meet
the information quality standards set forth in the OMB and DOT Data
Quality Act guidelines. Accordingly, we encourage you to consult the
guidelines in preparing your comments. OMB's guidelines may be accessed
at http://www.whitehouse.gov/omb/fedreg/reproducible.html. DOT's
guidelines may be accessed at http://www.bts.gov/programs/statistical_policy_and_research/data_quality_guidelines/.

How can I be sure that my comments were received?

    If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.

How do I submit confidential business information?

    If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, National Highway Traffic
Safety Administration, 1200 New Jersey Avenue SE., West Building 4th
Floor, Room W41-318, Washington, DC 20590. In addition, you should
submit two copies, from which you have deleted the claimed confidential
business information, to Docket Management at the address given above
under ADDRESSES. When you send a comment containing information claimed
to be confidential business information, you should include a cover
letter setting forth the information specified in our confidential
business information regulation. (49 CFR Part 512.)

Will the agency consider late comments?

    We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date.

How can I read the comments submitted by other people?

    You may read the comments received by Docket Management at the
address given above under ADDRESSES. The

hours of the docket are indicated above in the same location. You may
also see the comments on the Internet. To read the comments on the
Internet, go to http://www.regulations.gov. Follow the online
instructions for accessing the docket.
    Please note that even after the comment closing date, we will
continue to file relevant information in the docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the docket for new material.

    Issued on: April 19, 2012.
John Maddox,
Associate Administrator for Vehicle Safety Research.
[FR Doc. 2012-9953 Filed 4-20-12; 4:15 pm]
BILLING CODE 4910-59-P


[Federal Register Volume 79, Number 131 (Wednesday, July 9, 2014)]
[Notices]
[Pages 38924-38925]
[FR Doc No: 2014-16054]

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

Federal Emergency Management Agency

[Docket ID FEMA-2014-0002; Internal Agency Docket No. FEMA-B-1408]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; correction.

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SUMMARY: On May 13, 2014, the Federal Emergency Management Agency
(FEMA) published in the Federal Register a notice that contained an
erroneous table. Specifically, this notice provides a correction to
Letter of Map Revision (LOMR) case number 13-06-3803P for the City of
Denton, Denton County, Texas, to be used in lieu of the information
published at 79 FR 27332. The table provided here lists a community
where the addition or modification of Base Flood Elevations, base flood
depths, Special Flood Hazard Area boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by FEMA for the community, is appropriate because of
new scientific or technical data. The FIRM, and where applicable,
portions of the FIS report, have been revised to reflect these flood
hazard determinations through issuance of a LOMR, in accordance with
Title 44, part 65 of the Code of Federal Regulations (44 CFR part 65).
The LOMR will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

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

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

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for the community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program.
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.

    The affected community is listed in the following table. Flood
hazard determination information for the community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for the community is accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.

Correction

    In the notice published at 79 FR 27332, the table contained
inaccurate information for the associated community map repository
address for LOMR case number 13-06-3803P for the City of Denton, Denton
County, Texas, featured in the table. In this notice, FEMA is
publishing a table containing the accurate information to address this
prior error. The information provided below should be used in lieu of
that previously published for the City of Denton.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Chief executive
    State and county      Location and case      officer of         Community map     Online location of Letter of     Effective date of      Community
                                 No.              community          repository               Map Revision                modification           No.
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Texas: Denton..........  City of Denton (13- The Honorable Mark  901-A Texas         http://*www.msc.fema.gov/lomc  July 28, 2014..........       480194
                          06-3803P).          A. Burroughs        Street, Denton,
                                              Mayor, City of      TX 76209.
                                              Denton, 215 East
                                              McKinney Street,
                                              Denton, TX 76201.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: June 17, 2014.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2014-16054 Filed 7-8-14; 8:45 am]
BILLING CODE 9110-12-P