Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Notices 2465 

13 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78q(f)(2). 

4 15 U.S.C. 78q(f)(2). 

5See Securities Exchange Act Release No. 72600 

(July 11, 2014) 79 FR 41717 (July 17, 2014) (SR– 

MIAX–2014–38). 

6 15 U.S.C. 78q(f)(2). 

7 15 U.S.C. 78q(f)(2). 

8See Rule 807(a). 

9See 15 U.S.C. 78q(f)(2). 

10 15 U.S.C. 78f(b). 

11 15 U.S.C. 78f(b)(5). 

printing in the Commission’s Public 

Reference Section, 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 will also be available for Web site 

viewing and printing at the NYSE’s 

principal office and on its Internet Web 

site at www.nyse.com. 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–NYSE– 

2014–78 and should be submitted on or 

before February 6, 2015. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Brent J. Fields, 

Secretary. 

[FR Doc. 2015–00575 Filed 1–15–15; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–74034; File No. SR–MIAX– 

2014–71] 

Self-Regulatory Organizations: The 

Miami International Securities 

Exchange, LLC; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change To Amend Exchange 

Rule 807 

January 12, 2015. 

Pursuant to the provisions of Section 

19(b)(1) of the Securities Exchange Act 

of 1934 (‘‘Act’’) 1 and Rule 19b–4 

thereunder,2 notice is hereby given that 

on December 30, 2014, Miami 

International Securities Exchange LLC 

(‘‘MIAX’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) a proposed rule change 

as described in Items I, II, and III below, 

which Items have been prepared by the 

Exchange. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange is filing a proposal to 

amend Rule 807 to correspond with 

Section 17(f)(2) of the Act.3

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http://www.miaxoptions.com/filter/

wotitle/rule_filing, at MIAX’s principal 

office, 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 

The Exchange proposes to amend 

Rule 807 (Fingerprint-Based 

Background Checks of Exchange 

Employees and Independent 

Contractors) in order to mirror the 

language of Section 17(f)(2) of the Act.4

Section 17(f)(2) of the Act explicitly 

directs the Attorney General of the 

United States (i.e., the Federal Bureau of 

Investigation) to provide SROs 

designated by the Commission with 

access to criminal history record 

information. Access to the Federal 

Bureau of Investigation’s (‘‘FBI’’) (the 

fingerprint processing arm of the Office 

of the Attorney General of the United 

States) database of fingerprint-based 

records is permitted only when 

authorized by law. The Exchange 

recently changed its procedure with 

regard to Rule 807, replacing manual 

fingerprinting via fingerprinting cards 

with a Live-Scan electronic 

fingerprinting system.5 As part of this 

transition and at the specific request of 

the FBI, the Exchange now seeks to 

amend the language of Rule 807 to 

mirror Section 17(f)(2) of the Act.6

The Exchange proposes to amend 

Rule 807 to apply to all partners, 

directors, officers, and employees of the 

Exchange in order to more closely align 

with the requirements for national 

securities exchanges as provided in 

Section 17(f)(2) of the Act.7 Currently, 

Rule 807(a) applies to (1) all prospective 

and current Exchange employees, (2) all 

prospective and current independent 

contractors who have or are anticipated 

to have access to the facilities of the 

Exchange for ten (10) business days or 

longer, and (3) all prospective and 

current temporary employees who have 

or are anticipated to have access to 

facilities of the Exchange for ten (10) 

business days or longer.8 Section 

17(f)(2) of the Act does not specifically 

apply to independent contractors nor 

temporary employees, but instead 

references ‘‘partners, directors, officers, 

and employees’’ of the Exchange. Thus, 

the Exchange proposes to amend Rule 

807 to delete references to independent 

contractors and temporary employees in 

order to mirror the requirements of 

Section 17(f)(2) of the Act.9 In addition, 

in order to enhance the physical 

security of the facilities, systems, data, 

and information of the Exchange, it 

shall be the policy of the Exchange, 

outside of Rule 807, to conduct a nonfingerprint-based background check of 

all prospective and current independent 

contractors and all prospective and 

current temporary employees who have 

or are anticipated to have access to the 

facilities of the Exchange for ten (10) 

business days or longer. The Exchange 

further proposes related technical 

changes to Rule 807(c) and 807(d). 

2. Statutory Basis 

The Exchange believes that its 

proposal is consistent with the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 10 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 change 

to Rule 807 is consistent with the 

Section 6(b)(5) 11 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 

the proposed change to Rule 807 is 

consistent with the foregoing 

requirements of Section 6(b)(5) in that it 

will allow MIAX to remain compliant 

with applicable federal law— 

specifically, Section 17(f)(2) of the 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
2466 Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Notices 

12 15 U.S.C. 78q(f)(2). 

13See Section 929S of the Dodd-Frank Act. 

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

15 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6) requires a self-regulatory organization to give 

the Commission written notice of its intent to file 

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. 16 17 CFR 200.30–3(a)(12). 

Act.12 Running fingerprint-based 

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. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

MIAX does not believe that the 

proposed change to Rule 807 will 

impose any burden on competition that 

is not necessary or appropriate in the 

furtherance of the purposes of the Act. 

The proposed change under the rule 

would maintain 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.13

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 

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 after the date of 

the filing, or such shorter time as the 

Commission may designate, it has 

become effective pursuant to 19(b)(3)(A) 

of the Act 14 and Rule 19b–4(f)(6) 15

thereunder. 

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–2014–71 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Brent J. Fields, Secretary, Securities 

and Exchange Commission, 100 F Street 

NE., Washington, DC 20549. 

All submissions should refer to File 

Number SR–MIAX–2014–71. 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 

office 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– 

2014–71 and should be submitted on or 

before February 6, 2015. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Brent J. Fields, 

Secretary. 

[FR Doc. 2015–00577 Filed 1–15–15; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

Interest Rates 

The Small Business Administration 

publishes an interest rate called the 

optional ‘‘peg’’ rate (13 CFR 120.214) on 

a quarterly basis. This rate is a weighted 

average cost of money to the 

government for maturities similar to the 

average SBA direct loan. This rate may 

be used as a base rate for guaranteed 

fluctuating interest rate SBA loans. This 

rate will be 2.625 (25⁄8) percent for the 

January–March quarter of FY 2015. 

Pursuant to 13 CFR 120.921(b), the 

maximum legal interest rate for any 

third party lender’s commercial loan 

which funds any portion of the cost of 

a 504 project (see 13 CFR 120.801) shall 

be 6% over the New York Prime rate or, 

if that exceeds the maximum interest 

rate permitted by the constitution or 

laws of a given State, the maximum 

interest rate will be the rate permitted 

by the constitution or laws of the given 

State. 

Linda S. Rusche, 

Director, Office of Financial Assistance. 

[FR Doc. 2015–00618 Filed 1–15–15; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF STATE 

[Public Notice 9002] 

30-Day Notice of Proposed Information 

Collection: Annual Report—J– 

NONIMMIGRANT Exchange Visitor 

Program 

ACTION: Notice of request for public 

comment and submission to OMB of 

proposed collection of information. 

SUMMARY: The Department of State has 

submitted the information collection 

described below to the Office of 

Management and Budget (OMB) for 

approval. In accordance with the 

Paperwork Reduction Act of 1995, we 

are requesting comments on this 

collection from all interested 

individuals and organizations. The 

purpose of this Notice is to allow 30 

days for public comment. 


asabaliauskas on DSK5VPTVN1PROD with NOTICES