63448 Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Notices 

1 15 U.S.C. 78q(d). 

2 17 CFR 240.17d–2. 

3 15 U.S.C. 78s(g)(1). 

4 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2), 

respectively. 

5 15 U.S.C. 78q(d)(1). 

6See Securities Act Amendments of 1975, Report 

of the Senate Committee on Banking, Housing, and 

Urban Affairs to Accompany S. 249, S. Rep. No. 94– 

75, 94th Cong., 1st Session 32 (1975). 

Executive Order. The meetings are open 

to the public. Please contact the Office 

of Personnel Management at the address 

shown below if you wish to present 

material to the Council at the meeting. 

The manner and time prescribed for 

presentations may be limited, 

depending upon the number of parties 

that express interest in presenting 

information. 

FOR FURTHER INFORMATION CONTACT: Tim 

Curry, Deputy Associate Director for 

Partnership and Labor Relations, Office 

of Personnel Management, 1900 E Street 

NW., Room 7H28, Washington, DC 

20415. Phone (202) 606–2930 or email 

at PLR@opm.gov. 

For the National Council. 

Katherine Archuleta, 

Director. 

[FR Doc. 2014–25291 Filed 10–22–14; 8:45 am] 

BILLING CODE 6325–39–P 

OFFICE OF SCIENCE AND 

TECHNOLOGY POLICY 

Achieving Interoperability for Latent 

Fingerprint Identification: A Report 

ACTION: Request for public comment. 

SUMMARY: The National Science and 

Technology Council’s Committee on 

Science requests public comment on the 

draft report Achieving Interoperability 

for Latent Fingerprint Identification in 

the United States. The draft report will 

be posted at www.whitehouse.gov/

administration/eop/ostp/library/

shareyourinput. Comments of 

approximately three pages or fewer in 

length (12,000 characters) are requested 

and must be received by November 26, 

2014 to be considered. 

DATES: Responses must be received by 

November 26, 2014 to be considered. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Email: NSTC_latent@ostp.gov. 

Include [AFIS Interoperability] in the 

subject line of the message. 

• Fax: (202) 456–6040, Attn: Tania 

Simoncelli. 

• Mail: Attn: Tania Simoncelli, Office 

of Science and Technology Policy, 

Eisenhower Executive Office Building, 

1650 Pennsylvania Ave. NW., 

Washington, DC 20504. 

Instructions: Respondents may submit 

their comments (3 pages or fewer) 

through one of the above methods. 

Submission via email is preferred. 

Responses to this request for public 

comment may be posted without change 

online. OSTP therefore requests that no 

business proprietary information, 

copyrighted information, or sensitive 

personally identifiable information be 

submitted in response to this request. 

Please note that the U.S. Government 

will not pay for response preparation, or 

for the use of any information contained 

in the response. 

FOR FURTHER INFORMATION CONTACT: 

Tania Simoncelli, (202) 456–4444, 

NSTC_latent@ostp.eop.gov, OSTP. 

SUPPLEMENTARY INFORMATION: This 

request for public comment offers the 

opportunity for interested individuals 

and organizations to comment on the 

National Science and Technology 

Council’s Committee on Science draft 

report entitled Achieving 

Interoperability for Latent Fingerprint 

Identification in the United States. The 

report is available at 

www.whitehouse.gov/administration/

eop/ostp/library/shareyourinput. 

In 2010, the NSTC created a 

Subcommittee on Forensic Science 

(SoFS) to assess the challenges of and 

opportunities for implementing 

recommendations made by the National 

Research Council (NRC) in its 2009 

report, Strengthening Forensic Science 

in the United States: A Path Forward 

www.ncjrs.gov/pdffiles1/nij/grants/

228091.pdf. Among its 

recommendations, the NRC called on 

the Federal Government to launch a 

‘‘broad-based effort to achieve 

nationwide fingerprint data 

interoperability.’’ In response to this 

recommendation, the SoFS chartered 

the AFIS Interoperability Task Force 

with the goal of coordinating the 

development of a strategic plan for 

achieving this goal. This report, 

Achieving Interoperability for Latent 

Fingerprint Identification in the United 

States, evolved out of the work of the 

Task Force. The report describes the 

current state of latent interoperability 

among Automated Fingerprint 

Identification Systems (AFIS) and 

identifies a series of actions that can be 

taken by Federal agencies to implement 

the standards needed to achieve 

interoperability, develop an overarching 

national connectivity strategy and 

infrastructure, and support State and 

local agencies in building connections 

across jurisdictions. 

Ted Wackler, 

Deputy Chief of Staff and Assistant Director. 

[FR Doc. 2014–25298 Filed 10–22–14; 8:45 am] 

BILLING CODE 3270–F5–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–73383; File No. 4–678] 

Program for Allocation of Regulatory 

Responsibilities Pursuant to Rule 17d– 

2; Notice of Filing of Proposed Plan for 

the Allocation of Regulatory 

Responsibilities Between the Financial 

Industry Regulatory Authority, Inc. and 

Miami International Securities 

Exchange, LLC 

October 17, 2014. 

Pursuant to Section 17(d) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 17d–2 thereunder,2

notice is hereby given that on October 

14, 2014, Miami International Securities 

Exchange, LLC (‘‘MIAX’’) and the 

Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’) (together 

with MIAX, the ‘‘Parties’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’ or ‘‘SEC’’) a plan for the 

allocation of regulatory responsibilities, 

dated October 13, 2014 (‘‘17d–2 Plan’’ 

or the ‘‘Plan’’). The Commission is 

publishing this notice to solicit 

comments on the 17d–2 Plan from 

interested persons. 

I. Introduction 

Section 19(g)(1) of the Act,3 among 

other things, requires every selfregulatory organization (‘‘SRO’’) 

registered as either a national securities 

exchange or national securities 

association to examine for, and enforce 

compliance by, its members and persons 

associated with its members with the 

Act, the rules and regulations 

thereunder, and the SRO’s own rules, 

unless the SRO is relieved of this 

responsibility pursuant to Section 17(d) 

or Section 19(g)(2) of the Act.4 Without 

this relief, the statutory obligation of 

each individual SRO could result in a 

pattern of multiple examinations of 

broker-dealers that maintain 

memberships in more than one SRO 

(‘‘common members’’). Such regulatory 

duplication would add unnecessary 

expenses for common members and 

their SROs. 

Section 17(d)(1) of the Act 5 was 

intended, in part, to eliminate 

unnecessary multiple examinations and 

regulatory duplication.6 With respect to 

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Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Notices 63449 

7 17 CFR 240.17d–1 and 17 CFR 240.17d–2, 

respectively. 

8See Securities Exchange Act Release No. 12352 

(April 20, 1976), 41 FR 18808 (May 7, 1976). 

9See Securities Exchange Act Release No. 12935 

(October 28, 1976), 41 FR 49091 (November 8, 

1976). 

10The proposed 17d–2 Plan refers to these 

common members as ‘‘Dual Members.’’ See 

Paragraph 1(c) of the proposed 17d–2 Plan. 

11See paragraph 1(b) of the proposed 17d–2 Plan 

(defining Common Rules). See also paragraph 1(f) 

of the proposed 17d–2 Plan (defining Regulatory 

Responsibilities). Paragraph 2 of the Plan provides 

that annually, or more frequently as required by 

changes in either MIAX rules or FINRA rules, the 

parties shall review and update, if necessary, the 

list of Common Rules. Further, paragraph 3 of the 

Plan provides that MIAX shall furnish FINRA with 

a list of Dual Members, and shall update the list no 

less frequently than once each calendar quarter. 

12See paragraph 6 of the proposed 17d–2 Plan. 13See paragraph 2 of the proposed 17d–2 Plan. 

a common member, Section 17(d)(1) 

authorizes the Commission, by rule or 

order, to relieve an SRO of the 

responsibility to receive regulatory 

reports, to examine for and enforce 

compliance with applicable statutes, 

rules, and regulations, or to perform 

other specified regulatory functions. 

To implement Section 17(d)(1), the 

Commission adopted two rules: Rule 

17d–1 and Rule 17d–2 under the Act.7

Rule 17d–1 authorizes the Commission 

to name a single SRO as the designated 

examining authority (‘‘DEA’’) to 

examine common members for 

compliance with the financial 

responsibility requirements imposed by 

the Act, or by Commission or SRO 

rules.8 When an SRO has been named as 

a common member’s DEA, all other 

SROs to which the common member 

belongs are relieved of the responsibility 

to examine the firm for compliance with 

the applicable financial responsibility 

rules. On its face, Rule 17d–1 deals only 

with an SRO’s obligations to enforce 

member compliance with financial 

responsibility requirements. Rule 17d–1 

does not relieve an SRO from its 

obligation to examine a common 

member for compliance with its own 

rules and provisions of the federal 

securities laws governing matters other 

than financial responsibility, including 

sales practices and trading activities and 

practices. 

To address regulatory duplication in 

these and other areas, the Commission 

adopted Rule 17d–2 under the Act.9

Rule 17d–2 permits SROs to propose 

joint plans for the allocation of 

regulatory responsibilities with respect 

to their common members. Under 

paragraph (c) of Rule 17d–2, the 

Commission may declare such a plan 

effective if, after providing for 

appropriate notice and comment, it 

determines that the plan is necessary or 

appropriate in the public interest and 

for the protection of investors; to foster 

cooperation and coordination among the 

SROs; to remove impediments to, and 

foster the development of, a national 

market system and a national clearance 

and settlement system; and is in 

conformity with the factors set forth in 

Section 17(d) of the Act. Commission 

approval of a plan filed pursuant to Rule 

17d–2 relieves an SRO of those 

regulatory responsibilities allocated by 

the plan to another SRO. 

II. Proposed Plan 

The proposed 17d–2 Plan is intended 

to reduce regulatory duplication for 

firms that are common members of both 

MIAX and FINRA.10 Pursuant to the 

proposed 17d–2 Plan, FINRA would 

assume certain examination and 

enforcement responsibilities for 

common members with respect to 

certain applicable laws, rules, and 

regulations. The text of the Plan 

delineates the proposed regulatory 

responsibilities with respect to the 

Parties. Included in the proposed Plan 

is an exhibit (Miami International 

Securities Exchange, LLC Rules 

Certification for 17d–2 Agreement with 

FINRA, referred to herein as the 

‘‘Certification’’) that lists every MIAX 

rule for which FINRA would bear 

responsibility under the Plan for 

overseeing and enforcing with respect to 

MIAX members that are also members of 

FINRA and the associated persons 

therewith (‘‘Dual Members’’). 

Specifically, under the 17d–2 Plan, 

FINRA would assume examination and 

enforcement responsibility relating to 

compliance by Dual Members with the 

rules of MIAX that are substantially 

similar to the applicable rules of 

FINRA,11 as well as any provisions of 

the federal securities laws and the rules 

and regulations thereunder delineated 

in the Certification (‘‘Common Rules’’). 

In the event that a Dual Member is the 

subject of an investigation relating to a 

transaction on MIAX, the plan 

acknowledges that MIAX may, in its 

discretion, exercise concurrent 

jurisdiction and responsibility for such 

matter.12

Under the Plan, MIAX would retain 

full responsibility for surveillance, 

examination and enforcement with 

respect to trading activities or practices 

involving MIAX’s own marketplace, 

including, without limitation, 

registration pursuant to its applicable 

rules of associated persons (i.e., 

registration rules that are not Common 

Rules); its duties and obligations as a 

DEA pursuant to Rule 17d–1 under the 

Act; and any MIAX rules that are not 

Common Rules.13

The text of the proposed 17d–2 Plan 

is as follows: 

AGREEMENT BETWEEN FINANCIAL 

INDUSTRY REGULATORY 

AUTHORITY, INC. AND MIAMI 

INTERNATIONAL SECURITIES 

EXCHANGE, LLC PURSUANT TO 

RULE 17d–2 UNDER THE SECURITIES 

EXCHANGE ACT OF 1934 

This Agreement, by and between the 

Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’) and Miami 

International Securities Exchange, LLC 

(‘‘MIAX’’), is made this 13th day of 

October, 2014 (the ‘‘Agreement’’), 

pursuant to Section 17(d) of the 

Securities Exchange Act of 1934 (the 

‘‘Exchange Act’’) and Rule 17d–2 

thereunder, which permits agreements 

between self-regulatory organizations to 

allocate regulatory responsibility to 

eliminate regulatory duplication. FINRA 

and MIAX may be referred to 

individually as a ‘‘party’’ and together 

as the ‘‘parties.’’ 

WHEREAS, FINRA and MIAX desire 

to reduce duplication in the 

examination of their Dual Members (as 

defined herein) and in the filing and 

processing of certain registration and 

membership records; and 

WHEREAS, FINRA and MIAX desire 

to execute an agreement covering such 

subjects pursuant to the provisions of 

Rule 17d–2 under the Exchange Act and 

to file such agreement with the 

Securities and Exchange Commission 

(the ‘‘SEC’’ or ‘‘Commission’’) for its 

approval. 

NOW, THEREFORE, in consideration 

of the mutual covenants contained 

hereinafter, FINRA and MIAX hereby 

agree as follows: 

1. Definitions. Unless otherwise 

defined in this Agreement or the context 

otherwise requires, the terms used in 

this Agreement shall have the same 

meaning as they have under the 

Exchange Act and the rules and 

regulations thereunder. As used in this 

Agreement, the following terms shall 

have the following meanings: 

(a) ‘‘MIAX Rules’’ or ‘‘FINRA Rules’’ 

shall mean: (i) the rules of MIAX, or (ii) 

the rules of FINRA, respectively, as the 

rules of an exchange or association are 

defined in Exchange Act Section 

3(a)(27). 

(b) ‘‘Common Rules’’ shall mean 

MIAX Rules that are substantially 

similar to the applicable FINRA Rules 

and certain provisions of the Exchange 

Act and SEC rules set forth on Exhibit 

1 in that examination for compliance 

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63450 Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Notices 

with such provisions and rules would 

not require FINRA to develop one or 

more new examination standards, 

modules, procedures, or criteria in order 

to analyze the application of the 

provision or rule, or a Dual Member’s 

activity, conduct, or output in relation 

to such provision or rule. 

(c) ‘‘Dual Members’’ shall mean those 

MIAX members that are also members of 

FINRA and the associated persons 

therewith. 

(d) ‘‘Effective Date’’ shall be the date 

this Agreement is approved by the 

Commission. 

(e) ‘‘Enforcement Responsibilities’’ 

shall mean the conduct of appropriate 

proceedings, in accordance with 

FINRA’s Code of Procedure (the Rule 

9000 Series) and other applicable 

FINRA procedural rules, to determine 

whether violations of Common Rules 

have occurred, and if such violations are 

deemed to have occurred, the 

imposition of appropriate sanctions as 

specified under FINRA’s Code of 

Procedure and sanctions guidelines. 

(f) ‘‘Regulatory Responsibilities’’ shall 

mean the examination responsibilities 

and Enforcement Responsibilities 

relating to compliance by the Dual 

Members with the Common Rules and 

the provisions of the Exchange Act and 

the rules and regulations thereunder, 

and other applicable laws, rules and 

regulations, each as set forth on Exhibit 

1 attached hereto. 

2. Regulatory and Enforcement 

Responsibilities. FINRA shall assume 

Regulatory Responsibilities and 

Enforcement Responsibilities for Dual 

Members. Attached as Exhibit 1 to this 

Agreement and made part hereof, MIAX 

furnished FINRA with a current list of 

Common Rules and certified to FINRA 

that such rules that are MIAX Rules are 

substantially similar to the 

corresponding FINRA Rules (the 

‘‘Certification’’). FINRA hereby agrees 

that the rules listed in the Certification 

are Common Rules as defined in this 

Agreement. Each year following the 

Effective Date of this Agreement, or 

more frequently if required by changes 

in either the rules of MIAX or FINRA, 

MIAX shall submit an updated list of 

Common Rules to FINRA for review 

which shall add MIAX Rules not 

included in the current list of Common 

Rules that qualify as Common Rules as 

defined in this Agreement; delete MIAX 

Rules included in the current list of 

Common Rules that no longer qualify as 

Common Rules as defined in this 

Agreement; and confirm that the 

remaining rules on the current list of 

Common Rules continue to be MIAX 

Rules that qualify as Common Rules as 

defined in this Agreement. Within 30 

days of receipt of such updated list, 

FINRA shall confirm in writing whether 

the rules listed in any updated list are 

Common Rules as defined in this 

Agreement. Notwithstanding anything 

herein to the contrary, it is explicitly 

understood that the term ‘‘Regulatory 

Responsibilities’’ does not include, and 

MIAX shall retain full responsibility for 

(unless otherwise addressed by separate 

agreement or rule) (collectively, the 

‘‘Retained Responsibilities’’) the 

following: 

(a) surveillance, examination, 

investigation and enforcement with 

respect to trading activities or practices 

involving MIAX’s own marketplace; 

(b) registration pursuant to its 

applicable rules of associated persons 

(i.e., registration rules that are not 

Common Rules); 

(c) discharge of its duties and 

obligations as a Designated Examining 

Authority pursuant to Rule 17d-1 under 

the Exchange Act; and 

(d) any MIAX Rules that are not 

Common Rules as provided in 

paragraph 6. 

3. Dual Members. Prior to the 

Effective Date, MIAX shall furnish 

FINRA with a current list of Dual 

Members, which shall be updated no 

less frequently than once each quarter. 

4. No Charge. There shall be no charge 

to MIAX by FINRA for performing the 

Regulatory Responsibilities and 

Enforcement Responsibilities under this 

Agreement except as hereinafter 

provided. FINRA shall provide MIAX 

with ninety (90) days advance written 

notice in the event FINRA decides to 

impose any charges to MIAX for 

performing the Regulatory 

Responsibilities under this Agreement. 

If FINRA determines to impose a charge, 

MIAX shall have the right at the time of 

the imposition of such charge to 

terminate this Agreement; provided, 

however, that FINRA’s Regulatory 

Responsibilities under this Agreement 

shall continue until the Commission 

approves the termination of this 

Agreement. 

5. Applicability of Certain Laws, 

Rules, Regulations or Orders. 

Notwithstanding any provision hereof, 

this Agreement shall be subject to any 

statute, or any rule or order of the SEC. 

To the extent such statute, rule or order 

is inconsistent with one or more 

provisions of this Agreement, the 

statute, rule or order shall supersede the 

provision(s) hereof to the extent 

necessary to be properly effectuated and 

the provision(s) hereof in that respect 

shall be null and void. 

6. Notification of Violations. In the 

event that FINRA becomes aware of 

apparent violations of any MIAX Rules, 

which are not listed as Common Rules, 

discovered pursuant to the performance 

of the Regulatory Responsibilities 

assumed hereunder, FINRA shall notify 

MIAX of those apparent violations for 

such response as MIAX deems 

appropriate. In the event that MIAX 

becomes aware of apparent violations of 

any Common Rules, discovered 

pursuant to the performance of the 

Retained Responsibilities, MIAX shall 

notify FINRA of those apparent 

violations and such matters shall be 

handled by FINRA as provided in this 

Agreement. Apparent violations of 

Common Rules shall be processed by, 

and enforcement proceedings in respect 

thereto shall be conducted by FINRA as 

provided hereinbefore; provided, 

however, that in the event a Dual 

Member is the subject of an 

investigation relating to a transaction on 

MIAX, MIAX may in its discretion 

assume concurrent jurisdiction and 

responsibility. Each party agrees to 

make available promptly all files, 

records and witnesses necessary to 

assist the other in its investigation or 

proceedings. 

7. Continued Assistance. 

(a) FINRA shall make available to 

MIAX all information obtained by 

FINRA in the performance by it of the 

Regulatory Responsibilities hereunder 

with respect to the Dual Members 

subject to this Agreement. In particular, 

and not in limitation of the foregoing, 

FINRA shall furnish MIAX any 

information it obtains about Dual 

Members which reflects adversely on 

their financial condition. MIAX shall 

make available to FINRA any 

information coming to its attention that 

reflects adversely on the financial 

condition of Dual Members or indicates 

possible violations of applicable laws, 

rules or regulations by such firms. 

(b) The parties agree that documents 

or information shared shall be held in 

confidence, and used only for the 

purposes of carrying out their respective 

regulatory obligations. Neither party 

shall assert regulatory or other 

privileges as against the other with 

respect to documents or information 

that is required to be shared pursuant to 

this Agreement. 

(c) The sharing of documents or 

information between the parties 

pursuant to this Agreement shall not be 

deemed a waiver as against third parties 

of regulatory or other privileges relating 

to the discovery of documents or 

information. 

8. Statutory Disqualifications. When 

FINRA becomes aware of a statutory 

disqualification as defined in the 

Exchange Act with respect to a Dual 

Member, FINRA shall determine 

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Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Notices 63451 

pursuant to Sections 15A(g) and/or 

Section 6(c) of the Exchange Act the 

acceptability or continued applicability 

of the person to whom such 

disqualification applies and keep MIAX 

advised of its actions in this regard for 

such subsequent proceedings as MIAX 

may initiate. 

9. Customer Complaints. MIAX shall 

forward to FINRA copies of all customer 

complaints involving Dual Members 

received by MIAX relating to FINRA’s 

Regulatory Responsibilities under this 

Agreement. It shall be FINRA’s 

responsibility to review and take 

appropriate action in respect to such 

complaints. 

10. Advertising. FINRA shall assume 

responsibility to review the advertising 

of Dual Members subject to the 

Agreement, provided that such material 

is filed with FINRA in accordance with 

FINRA’s filing procedures and is 

accompanied with any applicable filing 

fees set forth in FINRA Rules. 

11. No Restrictions on Regulatory 

Action. Nothing contained in this 

Agreement shall restrict or in any way 

encumber the right of either party to 

conduct its own independent or 

concurrent investigation, examination 

or enforcement proceeding of or against 

Dual Members, as either party, in its 

sole discretion, shall deem appropriate 

or necessary. 

12. Termination. This Agreement may 

be terminated by MIAX or FINRA at any 

time upon the approval of the 

Commission after one (1) year’s written 

notice to the other party (or such shorter 

time as agreed by the parties), except as 

provided in paragraph 4. 

13. Arbitration. In the event of a 

dispute between the parties as to the 

operation of this Agreement, MIAX and 

FINRA hereby agree that any such 

dispute shall be settled by arbitration in 

Washington, DC in accordance with the 

rules of the American Arbitration 

Association then in effect, or such other 

procedures as the parties may mutually 

agree upon. Judgment on the award 

rendered by the arbitrator(s) may be 

entered in any court having jurisdiction. 

Each party acknowledges that the timely 

and complete performance of its 

obligations pursuant to this Agreement 

is critical to the business and operations 

of the other party. In the event of a 

dispute between the parties, the parties 

shall continue to perform their 

respective obligations under this 

Agreement in good faith during the 

resolution of such dispute unless and 

until this Agreement is terminated in 

accordance with its provisions. Nothing 

in this Section 13 shall interfere with a 

party’s right to terminate this Agreement 

as set forth herein. 

14. Separate Agreement. This 

Agreement is wholly separate from the 

following agreement: (1) the multiparty 

Agreement made pursuant to Rule 17d– 

2 of the Exchange Act among BATS 

Exchange, Inc., BOX Options Exchange, 

LLC, Chicago Board Options Exchange, 

Incorporated, C2 Options Exchange, 

Incorporated, the International 

Securities Exchange, LLC, FINRA, 

MIAX, the New York Stock Exchange 

LLC, NYSE MKT LLC, the NYSE Arca, 

Inc., The NASDAQ Stock Market LLC, 

NASDAQ OMX BX, Inc., NASDAQ 

OMX PHLX LLC, and MIAX Exchange, 

LLC involving the allocation of 

regulatory responsibilities with respect 

to common members for compliance 

with common rules relating to the 

conduct by broker-dealers of accounts 

for listed options or index warrants 

entered as approved by the SEC on July 

26, 2013, and as may be amended from 

time to time; and (2) the multiparty 

Agreement made pursuant to Rule 17d– 

2 of the Exchange Act among NYSE 

MKT LLC, BATS Exchange, Inc., BOX 

Options Exchange LLC, NASDAQ OMX 

BX, Inc., C2 Options Exchange, 

Incorporated, Chicago Board Options 

Exchange, Incorporated, International 

Securities Exchange LLC, FINRA, NYSE 

Arca, Inc., The NASDAQ Stock Market 

LLC, NASDAQ OMX PHLX, Inc., MIAX, 

and MIAX Exchange, LLC involving the 

allocation of regulatory responsibilities 

with respect to SRO market surveillance 

of common members activities with 

regard to certain common rules relating 

to listed options approved by the SEC 

on July 26, 2013, and as may be 

amended from time to time. 

15. Notification of Members. MIAX 

and FINRA shall notify Dual Members 

of this Agreement after the Effective 

Date by means of a uniform joint notice. 

16. Amendment. This Agreement may 

be amended in writing provided that the 

changes are approved by both parties. 

All such amendments must be filed 

with and approved by the Commission 

before they become effective. 

17. Limitation of Liability. Neither 

FINRA nor MIAX nor any of their 

respective directors, governors, officers 

or employees shall be liable to the other 

party to this Agreement for any liability, 

loss or damage resulting from or 

claimed to have resulted from any 

delays, inaccuracies, errors or omissions 

with respect to the provision of 

Regulatory Responsibilities as provided 

hereby or for the failure to provide any 

such responsibility, except with respect 

to such liability, loss or damages as 

shall have been suffered by one or the 

other of FINRA or MIAX and caused by 

the willful misconduct of the other 

party or their respective directors, 

governors, officers or employees. No 

warranties, express or implied, are made 

by FINRA or MIAX with respect to any 

of the responsibilities to be performed 

by each of them hereunder. 

18. Relief from Responsibility. 

Pursuant to Sections 17(d)(1)(A) and 

19(g) of the Exchange Act and Rule 17d– 

2 thereunder, FINRA and MIAX join in 

requesting the Commission, upon its 

approval of this Agreement or any part 

thereof, to relieve MIAX of any and all 

responsibilities with respect to matters 

allocated to FINRA pursuant to this 

Agreement; provided, however, that this 

Agreement shall not be effective until 

the Effective Date. 

19. Severability. Any term or 

provision of this Agreement that is 

invalid or unenforceable in any 

jurisdiction shall, as to such 

jurisdiction, be ineffective to the extent 

of such invalidity or unenforceability 

without rendering invalid or 

unenforceable the remaining terms and 

provisions of this Agreement or 

affecting the validity or enforceability of 

any of the terms or provisions of this 

Agreement in any other jurisdiction. 

20. Counterparts. This Agreement 

may be executed in one or more 

counterparts, each of which shall be 

deemed an original, and such 

counterparts together shall constitute 

one and the same instrument. 

IN WITNESS WHEREOF, each party 

has executed or caused this Agreement 

to be executed on its behalf by a duly 

authorized officer as of the date first 

written above. 

MIAMI INTERNATIONAL SECURITIES 

EXCHANGE, LLC. 

By: llllllllllllllll

Name: 

Title: 

FINANCIAL INDUSTRY REGULATORY 

AUTHORITY, INC. 

By: llllllllllllllll

Name: 

Title: 

EXHIBIT 1 

Miami International Securities 

Exchange, LLC Rules Certification for 

17d–2 Agreement with FINRA 

Miami International Securities 

Exchange, LLC (‘‘MIAX’’) hereby 

certifies that the requirements contained 

in the rules listed below are identical to, 

or substantially similar to, the 

comparable FINRA (NASD) Rule, 

Exchange Act provision or SEC rule 

identified (‘‘Common Rules’’). 

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63452 Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Notices 

194 15 U.S.C. 78q(d)(1). 15 17 CFR 240.17d–2. 

MIAX rules FINRA (NASD) rules, exchange act provision or SEC rule 

Rule 301 Just and Equitable Principles of Trade 14.FINRA Rule 2010 Standards of Commercial Honor and Principles of Trade.* 

Rule 303 Prevention of the Misuse of Material Nonpublic Information 1 15.Section 15(g) of the Exchange Act. 

Rule 315 Anti-Money Laundering 

Compliance Program 2.

FINRA Rule 3310 Anti-Money Laundering Compliance Program. 

Rule 318(a) Manipulation ............. FINRA Rule 2020 Use of Manipulative, Deceptive or other Fraudulent Devices.* 

Rule 318(b) Manipulation ............. FINRA Rule 6140 Other Trading Practices. 

Rule 319 Forwarding of Proxy and 

Other Issuer-Related Materials 16.

FINRA Rule 2251 Processing and Forwarding of Proxy and Other Issuer-Related Materials. 

Rule 320 Trading Ahead of Research Reports.FINRA Rule 5280 Trading Ahead of Research Reports. 

Rule 800(a), (b) and (d) Maintenance, Retention and Furnishing 

of Books, Records and Other Information 1 17.

FINRA Rule 4511 General Requirements* and Section 17 of the Exchange Act and the rules thereunder. 

Rule 1304 Continuing Education 

for Registered Persons 18.

FINRA Rule 1250(a)(1)–(4) and (b) Continuing Education Requirements. 

Rule 1321 Transfer of Accounts .. FINRA Rule 11870 Customer Account Transfer Contracts. 

Rule 1325 Telemarketing ............. FINRA Rule 3230 Telemarketing. 

14FINRA shall only have Regulatory Responsibilities regarding the rule and not the interpretations and policies. 15FINRA shall not have Regulatory Responsibilities regarding the rule to the extent it requires notification to MIAX. 16FINRA shall not have Regulatory Responsibilities regarding subsection (c) of Rule 319. 17FINRA shall not have Regulatory Responsibilities regarding maintaining books and records as may be prescribed by MIAX to the extent it 

makes the rule inconsistent with the FINRA or SEC rule. 18FINRA shall not have Regulatory Responsibilities for exercise of exemptive or other discretionary authority by MIAX to the extent it makes 

the rule inconsistent with the FINRA rule. In addition, FINRA shall only have Regulatory Responsibilities to the extent the category of persons 

subject to MIAX registration is the same as FINRA. 

In addition, the following provisions 

shall be part of this 17d–2 Agreement: 

SEA Rule 200 of Regulation SHO— 

Definition of ‘‘Short Sale’’ and 

Marking Requirements and 

SEA Rule 203 of Regulation SHO— 

Borrowing and Delivery Requirements 

* FINRA shall not have Regulatory 

Responsibilities for these rules as they 

pertain to violations of insider trading 

activities, which is covered by a 

separate 17d–2 Agreement by and 

among BATS Exchange, Inc., BATS YExchange, Inc., Chicago Board Options 

Exchange, Inc., Chicago Stock Exchange, 

Inc., EDGA Exchange, Inc., EDGX 

Exchange, Inc., Financial Industry 

Regulatory Authority, Inc., NASDAQ 

OMX BX, Inc., NASDAQ OMX PHLX 

LLC, the NASDAQ Stock Market LLC, 

National Stock Exchange, Inc., New 

York Stock Exchange LLC, NYSE Amex 

LLC, and NYSE Arca Inc., effective 

December 16, 2011, as may be amended 

from time to time. 

III. Date of Effectiveness of the 

Proposed Plan and Timing for 

Commission Action 

Pursuant to Section 17(d)(1) of the 

Act 194 and Rule 17d–2 thereunder,15

after November 13, 2014, the 

Commission may, by written notice, 

declare the plan submitted by MIAX 

and FINRA, File No. 4–678, to be 

effective if the Commission finds that 

the plan is necessary or appropriate in 

the public interest and for the protection 

of investors, to foster cooperation and 

coordination among self-regulatory 

organizations, or to remove 

impediments to and foster the 

development of the national market 

system and a national system for the 

clearance and settlement of securities 

transactions and in conformity with the 

factors set forth in Section 17(d) of the 

Act. 

IV. Solicitation of Comments 

In order to assist the Commission in 

determining whether to approve the 

proposed 17d–2 Plan and to relieve 

MIAX of the responsibilities which 

would be assigned to FINRA, interested 

persons are invited to submit written 

data, views, and arguments concerning 

the foregoing. Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/other.shtml); or 

• Send an email to rulecomments@sec.gov. Please include File 

Number 4–678 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Brent J. Fields, Secretary, Securities 

and Exchange Commission, Station 

Place, 100 F Street NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number 4–678. 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/ 

other.shtml). Copies of the submission, 

all subsequent amendments, all written 

statements with respect to the proposed 

plan that are filed with the Commission, 

and all written communications relating 

to the proposed plan 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, on official business 

days between the hours of 10:00 a.m. 

and 3:00 p.m. Copies of the plan also 

will be available for inspection and 

copying at the principal offices of MIAX 

and FINRA. 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 4–678 and 

should be submitted on or before 

November 7, 2014. 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Notices 63453 

16 17 CFR 200.30–3(a)(34). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3Securities Exchange Act Release No. 34–72941 

(Aug. 28, 2014), 79 FR 52794 (Sep. 4, 2014) (SR– 

ICC–2014–14). 

4 15 U.S.C. 78s(b)(2). 

5 15 U.S.C. 78s(b)(2). 

6 17 CFR 200.30–3(a)(31). 

1 15 U.S.C. 78s(b)(7). 2 7 U.S.C. 7a–2(c). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2014–25203 Filed 10–22–14; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–73384; File No. SR–ICC– 

2014–14] 

Self-Regulatory Organizations; ICE 

Clear Credit LLC; Notice of 

Designation of Longer Period for 

Commission Action on Proposed Rule 

Change To Add Rules Related to the 

Clearing of Standard Western 

European Sovereign CDS Contracts 

October 17, 2014. 

On August 25, 2014, ICE Clear Credit 

LLC (‘‘ICC’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change SR–ICC–2014–14 pursuant to 

Section 19(b)(1) of the Securities 

Exchange Act of 1934 (‘‘Act’’) 1 and Rule 

19b–4 thereunder.2 The proposed rule 

change was published for comment in 

the Federal Register on September 4, 

2014.3 The Commission has not 

received comments on the proposed 

rule change. The Commission is 

publishing this notice to designate a 

longer period for Commission action on 

the proposed rule change. 

Section 19(b)(2) of the Act 4 provides 

that within 45 days of the publication of 

notice of the filing of a proposed rule 

change, or within such longer period up 

to 90 days as the Commission may 

designate if it finds such longer period 

to be appropriate and publishes its 

reasons for so finding or as to which the 

self-regulatory organization consents, 

the Commission shall either approve the 

proposed rule change, disapprove the 

proposed rule change, or institute 

proceedings to determine whether the 

proposed rule change should be 

disapproved. The 45th day from the 

publication of notice of filing of this 

proposed rule change is October 19, 

2014. The Commission is extending this 

45-day time period. 

ICC proposes to adopt new clearing 

rules and amend the ICC Risk 

Management Framework to provide for 

the clearance of Standard Western 

European Sovereign credit default swap 

(‘‘CDS’’) contracts, specifically the 

Republic of Ireland, the Italian 

Republic, the Portuguese Republic, and 

the Kingdom of Spain. Given that ICC 

does not currently provide clearing 

services for Western European 

Sovereign CDS, and it is proposing a 

new General Wrong Way Risk 

methodology to address the potential 

wrong way risk associated with the 

clearing of sovereign contracts, the 

Commission finds it appropriate to 

designate a longer period within which 

to take action on the proposed rule 

change so that it has sufficient time to 

consider the complex issues under the 

proposed rule change. 

Accordingly, the Commission, 

pursuant to Section 19(b)(2) of the Act,5

designates December 3, 2014, as the date 

by which the Commission should either 

approve or disapprove, or institute 

proceedings to determine whether to 

disapprove, the proposed rule change 

(File No. SR–ICC–2014–14). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.6

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2014–25204 Filed 10–22–14; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–73385; File No. SR–CFE– 

2014–003] 

Self-Regulatory Organizations; CBOE 

Futures Exchange, LLC; Notice of 

Filing and Immediate Effectiveness of 

a Proposed Rule Change Regarding 

Exchange of Contract for Related 

Position Transactions and Minor Rule 

Violations 

October 17, 2014. 

Pursuant to Section 19(b)(7) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 notice is hereby given that on 

October 1, 2014 CBOE Futures 

Exchange, LLC (‘‘CFE’’ or ‘‘Exchange’’) 

filed with the Securities and Exchange 

Commission (‘‘SEC’’ or ‘‘Commission’’) 

the proposed rule change described in 

Items I, II, and III below, which Items 

have been prepared by CFE. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. CFE 

also has filed this proposed rule change 

with the Commodity Futures Trading 

Commission (‘‘CFTC’’). CFE filed a 

written certification with the CFTC 

under Section 5c(c) of the Commodity 

Exchange Act (‘‘CEA’’) 2 on October 1, 

2014. 

I. Self-Regulatory Organization’s 

Description of the Proposed Rule 

Change 

The Exchange proposes to amend two 

rules related to Exchange of Contract for 

Related Position (‘‘ECRP’’) transactions 

and minor rule violations, respectively. 

The only security futures currently 

traded on CFE are traded under Chapter 

16 of CFE’s Rulebook which is 

applicable to Individual Stock Based 

and Exchange-Traded Fund Based 

Volatility Index security futures. The 

text of the proposed rule change is 

attached as Exhibit 4 to the filing but is 

not attached to the publication of this 

notice. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, CFE 

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. CFE 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 

The purpose of the proposed CFE rule 

amendments included as part of this 

rule change is to amend: (i) CFE Rule 

414 (Exchange of Contract for Related 

Position) to clarify that any parties to or 

Authorized Reporters for an ECRP 

transaction are obligated to comply with 

the requirements set forth in Rule 414; 

and (ii) CFE Rule 714 (Imposition of 

Fines for Minor Rule Violations), 

referred to herein sometimes as ‘‘Minor 

Rule Violation Rule,’’ to add new 

categories of rules for which the 

Exchange may impose summary fines 

for violations of the applicable rule(s) as 

well as to clarify the application of 

minor rule violation categories that 

contain more than one CFE Rule 

subsection. The rule amendments 

included as part of this rule change are 

to apply to all products traded on CFE, 

including both non-security futures and 

security futures. CFE is making these 

mstockstill on DSK4VPTVN1PROD with NOTICES