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

14 15 U.S.C. 78s(b)(3)(A)(i). 15 17 CFR 240.19b–4(f)(1). 16See supra note 9. 17 15 U.S.C. 78f(b). 18 15 U.S.C. 78f(b)(5). 19See supra note 9. 20See supra note 13. 21See supra note 9. 

22See 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— 


pmangrum on DSK3VPTVN1PROD with NOTICES
41720 Federal Register / Vol. 79, No. 137 / Thursday, July 17, 2014 / Notices 

1This 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 your 

comments, 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 


pmangrum on DSK3VPTVN1PROD with NOTICES