### 41719 Federal Register / Vol. 79, No. 137 / Thursday, July 17, 2014 / Notices

14 15 U.S.C. 78s(b)(3)(A)(i).

15 17 CFR 240.19b–4(f)(1).

16 See supra note 9.

17 15 U.S.C. 78f(b).

18 15 U.S.C. 78f(b)(5).

19 See supra note 9.

20 See supra note 13.

21 See supra note 9. 22 See Section 929S of the Dodd-Frank Act.

23 15 U.S.C. 78s(b)(3)(A).

24 17 CFR 240.19b–4(f)(1). 25 17 CFR 200.30–3(a)(12). section 19(b)(3)(A)(i) of the Act 14 and Rule 19b–4(f)(1) 15 thereunder. The Exchange believes that this proposed procedural change under the existing rule is necessary in order to ensure the Exchange’s continued compliance with its Rules and applicable federal law. 16

2. Statutory Basis

The Exchange believes that its proposal is consistent with the Securities Exchange Act of 1934 (the ‘‘Act’’) 17 and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act. Specifically, the Exchange believes the proposed procedural change under Rule 807 is consistent with the Section 6(b)(5) 18 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 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.

In particular, the Exchange believes that fingerprint-based background checks via a Live-Scan system of employees, contractors, and temporary employees is consistent with the foregoing requirements of Section 6(b)(5) in that it will allow MIAX to remain compliant with the requirements of its Rule 807 and applicable federal
law. 19 Continuing to run fingerprintbased background checks is imperative for the Exchange as they help MIAX identify and exclude persons with felony or misdemeanor conviction records that may pose a threat to the safety of Exchange personnel or the security of facilities and records, thereby enhancing business continuity, workplace safety and the security of the Exchange’s operations and helping to protect investors and the public interest. Additionally, the proposed procedural change will allow MIAX to employ the same fingerprinting method currently employed by at least two other SR0s [sic]. 20

For the foregoing reasons, the Exchange believes that the proposed procedural change under the existing rule is appropriate in order to ensure continued compliance with applicable
state and federal laws. 21 B. Self-Regulatory Organization’s Statement on Burden on Competition

MIAX does not believe that the proposed procedural change under the rule will impose any burden on competition that is not necessary or appropriate in the furtherance of the purposes of the Act. The proposed procedural change under the rule would enhance the security of the Exchange’s facilities and records without adding any burden on market participants and allow the Exchange continued compliance with its fingerprinting rules and with Section 17(f)(2) of the Act as amended by the Dodd-Frank Act. 22

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

Written comments were neither
solicited nor received.

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

Commission Action

The foregoing proposed rule change is
filed for immediate effectiveness pursuant to Section 19(b)(3)(A) of the

Act 23 and Rule 19b–4(f)(1) 24 thereunder, because it constitutes a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule.

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 shall institute proceedings to determine whether the proposed rule 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 rule-comments@

sec.gov. Please include File Number SR– MIAX–2014–38 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–MIAX–2014–38. 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 Web site ( 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 Web site 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 such filing also will be available for inspection and copying at the principal offices of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions
should refer to File Number SR–MIAX– 2014–38, and should be submitted on or before August 7, 2014.

For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 25
Kevin M. O’Neill,
Deputy Secretary.

[FR Doc. 2014–16787 Filed 7–16–14; 8:45 am]

**BILLING CODE 8011–01–P**

**DEPARTMENT OF STATE**

**[Public Notice 8797]**

**Overseas Security Advisory Council (OSAC) Meeting Notice: Closed**  **Meeting**

The Department of State announces a meeting of the U.S. State Department—


### 41720 Federal Register / Vol. 79, No. 137 / Thursday, July 17, 2014 / Notices

1 This action adopted as final rules the interim final rules issued by FMCSA’s predecessor in 1998 (63 FR 67600 (Dec. 8, 2008)), and adopted by FMCSA in 2001 [66 FR 49867 (Oct. 1, 2001)]. Overseas Security Advisory Council on August 19–20, 2014. Pursuant to Section 10(d) of the Federal Advisory Committee Act (5 U.S.C. Appendix), 5 U.S.C. 552b(c)(4), and 5 U.S.C. 552b(c)(7)(E), it has been determined that the meeting will be closed to the public. The meeting will focus on an examination of corporate security policies and procedures and will
involve extensive discussion of trade secrets and proprietary commercial information that is privileged and confidential, and will discuss law enforcement investigative techniques and procedures. The agenda will include updated committee reports, a strategic planning session, and other matters relating to private sector security policies and protective programs and the protection of U.S.
business information overseas.

For more information, contact Marsha Thurman, Overseas Security Advisory Council, U.S. Department of State, Washington, DC 20522–2008, phone:

571–345–2214.

Dated: July 1, 2014.

Bill A. Miller, Director of the Diplomatic Security Service, U. S. Department of State.

[FR Doc. 2014–16823 Filed 7–16–14; 8:45 am]

**BILLING CODE 4710–24–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Motor Carrier Safety**
**Administration**

**[Docket No. FMCSA- 2014–0103]**

**Qualification of Drivers; Application for Exemptions; Hearing** 

**AGENCY :**  Federal Motor Carrier Safety Administration (FMCSA), DOT.

**ACTION :**  Notice of applications for exemptions; request for comments.

**SUMMARY :**  FMCSA announces that 10 individuals have applied for a medical exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). In accordance with the statutory requirements concerning applications for exemptions, FMCSA requests public comments on these requests. The statute and implementing regulations concerning exemptions require that exemptions must provide an equivalent or greater level of safety than if they were not granted. If the Agency determines the exemptions would satisfy the statutory requirements and decides to grant theses requests after reviewing the public comments submitted in response to this notice, the exemptions would enable 10 individuals to operate CMVs

in interstate commerce.

**DATES :**  Comments must be received on or before August 18, 2014.

**ADDRESSES :**  You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2014–0103 using any of the following
methods:

• Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal Holidays.

• Fax: 1–202–493–2251.
Instructions: Each submission must include the Agency name and the
docket numbers for this notice. 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 for
further information.

Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received yourcomments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting
comments on-line.

Privacy Act: Anyone may search the
electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/ E8-785.pdf

. **FOR FURTHER INFORMATION CONTACT :**  Elaine M. Papp, Chief Medical Programs, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays.

**SUPPLEMENTARY INFORMATION :** 
Background

The Federal Motor Carrier Safety Administration has authority to grant exemptions from many of the Federal Motor Carrier Safety Regulations (FMCSRs) under 49 U.S.C. 31315 and 31136(e), as amended by Section 4007 of the Transportation Equity Act for the 21st Century (TEA–21) (Pub. L. 105– 178, June 9, 1998, 112 Stat. 107, 401). FMCSA has published in 49 C.F.R. part 381, subpart C final rules implementing the statutory changes in its exemption procedures made by section 4007, 69 FR 51589 (August 20, 2004). 1 Under the rules in part 381, subpart C, FMCSA must publish a notice of each exemption request in the Federal Register . The Agency must provide the public with an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted and any research reports, technical papers and other publications referenced in the application. The Agency must also provide an opportunity to submit public comment on the applications for exemption.

The Agency reviews the safety analyses and the public comments and determines whether granting the exemption would likely achieve a level of safety equivalent to or greater than
the level that would be achieved without the exemption. The decision of the Agency must be published in the Federal Register . If the Agency denies the request, it must state the reason for doing so. If the decision is to grant the exemption, the notice must specify the person or class of persons receiving the exemption and the regulatory provision or provisions from which an exemption is granted. The notice must also specify the effective period of the exemption (up to 2 years) and explain the terms and conditions of the exemption. The exemption may be renewed.

The current provisions of the FMCSRs concerning hearing state that a person is physically qualified to drive a CMV if that person

First perceives a forced whispered voice in
the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not