80_FR_47169 80 FR 47018 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Approving a Proposed Rule Change To Provide a Web-Based Delivery Method for Completing the Regulatory Element of the Continuing Education Requirements

80 FR 47018 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Approving a Proposed Rule Change To Provide a Web-Based Delivery Method for Completing the Regulatory Element of the Continuing Education Requirements

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 151 (August 6, 2015)

Page Range47018-47020
FR Document2015-19289

Federal Register, Volume 80 Issue 151 (Thursday, August 6, 2015)
[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Notices]
[Pages 47018-47020]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19289]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75581; File No. SR-FINRA-2015-015]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Order Approving a Proposed Rule Change To Provide a 
Web-Based Delivery Method for Completing the Regulatory Element of the 
Continuing Education Requirements

July 31, 2015

I. Introduction

    On June 4, 2015, the Financial Industry Regulatory Authority, Inc. 
(``FINRA'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to change the method of delivery for the 
Regulatory Element of the Continuing Education (``CE'') program. The 
proposed rule change was published for comment in the Federal Register 
on June 17, 2015.\3\ The Commission received four comment letters on 
the proposed rule change.\4\ This order approves the proposed rule 
change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 75154 (June 11, 
2015), 80 FR 34777 (``Notice'').
    \4\ See letters from Kevin Zambrowicz, Associate General Counsel 
& Managing Director and Stephen Vogt, Assistant Vice President & 
Assistant General Counsel, Securities Industry and Financial Markets 
Association, dated July 7, 2015 (``SIFMA Letter''); Daniel Kosowsky, 
Chief Compliance Officer, Morgan Stanley Smith Barney LLC and Rose-
Anne Richter, Chief Compliance Officer, Morgan Stanley & Co. LLC, 
dated July 8, 2015 (``Morgan Stanley Letter''); David T. Bellaire, 
Executive Vice President & General Counsel, Financial Services 
Institute, dated July 8, 2015 (``FSI Letter''); and Michele Van 
Tassel, President, Association of Registration Management, dated 
July 8, 2015 (``ARM Letter'').
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II. Description of the Proposed Rule Change

A. Web-Based Delivery

    As FINRA described in the Notice, the CE requirements under FINRA 
Rule 1250 consist of a Regulatory Element and a Firm Element. The 
Regulatory Element applies to registered persons and consists of 
periodic computer-based training on regulatory, compliance, ethical, 
and supervisory subjects and sales practice standards, which must be 
completed within prescribed timeframes.\5\ There are four Regulatory 
Element programs: (1) The S106 for Investment Company and Variable 
Contracts Representatives; (2) the S201 for registered principals and 
supervisors; (3) the S901 for Operations Professionals; and (4) the 
S101 for all other registration categories. Currently, the Regulatory 
Element may be administered in a test center or at a firm that meets 
the requirements in Rule 1250 for in-firm delivery of CE.\6\
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    \5\ See Notice, supra note 3 at 34778 (describing the Regulatory 
Element in more detail, including the timeframes for completing the 
Regulatory Element). Currently, candidates have three and a half 
hours to complete their CE session.
    \6\ See id. at n. 8 (describing in-firm delivery procedures).
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    FINRA proposed to amend FINRA Rule 1250 to provide that the 
Regulatory Element program will be administered through Web-based 
delivery or such other technological manner and format as specified by 
FINRA, and to eliminate the requirements for in-firm delivery of the 
Regulatory Element.\7\ FINRA proposed to implement Web-based delivery 
for the S106, S201, and S901 Regulatory Element programs on October 1, 
2015, and to implement Web-based delivery for the S101 Regulatory 
Element program on January 4, 2016. FINRA also proposed to phase-out 
test-center delivery by no later than six months after January 4, 
2016.\8\
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    \7\ FINRA also proposed to delete Incorporated NYSE Rule 345A 
(Continuing Education for Registered Persons) and Incorporated NYSE 
Rule Interpretation 345A (Continuing Education for Registered 
Persons). According to FINRA, these rules are substantially similar 
to FINRA Rule 1250.
    \8\ Under the proposal, firms will not be able to establish new 
in-firm delivery programs after October 1, 2015. Firms that have 
pre-existing in-firm delivery programs that are established before 
October 1, 2015 will not be able to use that delivery method for the 
S106, S201, and S901 Regulatory Element programs after October 1, 
2015, and they will not be able to use that delivery method for the 
S101 Regulatory Element program after January 4, 2016.
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    In proposing these changes, FINRA noted that Web-based delivery 
will provide registered persons the flexibility to complete the 
Regulatory Element at a location of their choosing and at any time 
during their 120-day window for completion of the Regulatory Element, 
consistent with their firm's requirements. In addition, there will be 
no three and a half hour time limitation, as there is currently. FINRA 
also noted that the Web-based format will include safeguards to 
authenticate the identity of the CE candidate (e.g., by asking the 
candidate to provide a portion of his

[[Page 47019]]

Social Security Number (``SSN'') and date of birth). Before commencing 
a Web-based session, each candidate must agree to the Rules of Conduct 
for Web-based delivery. If FINRA discovers that a candidate has 
violated the Rules of Conduct, the candidate will forfeit the results 
of the session and may be subject to disciplinary action by FINRA. 
FINRA considers violations of the Rules of Conduct to be conduct 
inconsistent with high standards of commercial honor and just and 
equitable principles of trade, in violation of FINRA Rule 2010.

B. Proctor Registration

    Currently, NASD Rule 1043 requires an associated person who is 
designated by a firm as a proctor for the purposes of in-firm delivery 
of the Regulatory Element to be registered as a Proctor with FINRA 
through the filing of a Form U4 (Uniform Application for Securities 
Industry Registration or Transfer).\9\ In light of the Web-based 
delivery proposal, FINRA proposed to eliminate NASD Rule 1043, and to 
automatically terminate the Proctor registration category in the CRD 
system on January 4, 2016.
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    \9\ Currently, an associated person who is already registered in 
another registration category may be designated as a proctor by a 
firm without having to register as a Proctor with FINRA.
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C. Fee for Web-Based Delivery

    Currently, the fee for test-center and in-firm deliveries is $100 
per session, although in-firm deliveries receive a three-dollar rebate 
per session.\10\ FINRA proposed to establish a $55 fee for each 
candidate who completes the Regulatory Element via the Web-based 
delivery method.\11\ However, FINRA is not proposing any changes to the 
session fees for test-center and in-firm deliveries until it has 
completed the phase-out process.
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    \10\ There are also additional fees for taking the session 
outside of the United States, failing to appear on time for an 
appointment, or cancelling or rescheduling an appointment. See 
Section 4 of Schedule A to the FINRA By-Laws. See also Notice, supra 
note 3 at 34779.
    \11\ FINRA also proposed to amend its fee schedule to clarify 
that registered persons will not be required to complete the 
Regulatory Element in a test center or in-firm during the phase-out 
period.
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III. Comment Letters

    The Commission received four comment letters that supported the 
proposed rule change.\12\ In particular, the commenters noted that the 
proposal would modernize FINRA's CE requirements,\13\ remove burdens 
associated with the test center delivery method (e.g., the time spent 
traveling to a test center),\14\ and reduce the fees and other costs 
associated with the Regulatory Element.\15\ Commenters also supported 
the flexibility associated with Web-based delivery.\16\ Moreover, two 
commenter supported FINRA's proposed timeline for implementing Web-
based delivery.\17\ One of these commenters stated that a phased 
approach will provide firms with the flexibility needed to address 
technology, operations, and process issues that may arise.\18\ This 
commenter additionally requested that, if FINRA proposes materially new 
technology, delivery platforms, or other measures in the future, FINRA 
solicit comments on the proposed changes through a Regulatory Notice 
and seek and receive FINRA Board approval of the changes before 
implementing the changes.\19\
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    \12\ See supra note 4. These commenters also provided comments 
relating to the implementation of this proposed rule change. In 
particular, one commenter requested that FINRA continue to make CE 
training data and test results available to firms. See FSI Letter at 
1 and 3. Two commenters requested that FINRA provide clarification 
on the level of information that will be available to firms 
regarding an individual's initiation of, and progress on, a 
particular CE session. See SIFMA Letter at 5 and ARM Letter at 2. 
Commenters also requested that FINRA consider the use of identifiers 
other than the SSN for candidates who do not have an SSN. See SIFMA 
Letter at 5, Morgan Stanley Letter at 1, and ARM Letter at 2-3. Two 
commenters requested that FINRA provide firms with an appropriate 
degree of flexibility with respect to individual CE deadlines if 
they encounter unexpected but demonstrated technical difficulties. 
See SIFMA Letter at 4 and ARM Letter at 2. In addition, these two 
commenters requested that FINRA provide guidance on the 
implementation of Web-based delivery, including clarification 
regarding how it will handle reasonably foreseeable technology and 
operational issues that may arise with the implementation and use of 
the Web-based CE program. See SIFMA Letter at 5 and ARM Letter at 2. 
One commenter suggested that FINRA provide help guides, user 
instructions, and frequently asked questions to minimize confusion 
about completing the CE requirements through the new process, and 
conduct information sessions for FINRA member firms to better 
prepare for questions and issues about the new CE delivery method 
and related completion process. See ARM Letter at 2. The Commission 
understands that FINRA will provide guidance on these issues. 
Finally, one commenter encouraged FINRA to continue to review its 
rulebook, interpretations, and fees. See SIFMA Letter at 6.
    \13\ See SIFMA Letter at 4, Morgan Stanley Letter at 1, FSI 
Letter at 1-3, and ARM Letter at 3.
    \14\ See SIFMA Letter at 4, Morgan Stanley Letter at 1, FSI 
Letter at 1-3, and ARM Letter at 1 and 3.
    \15\ See SIFMA Letter at 4, Morgan Stanley Letter at 1, FSI 
Letter at 2, and ARM Letter at 1 and 3.
    \16\ See SIFMA Letter at 4 and FSI Letter at 2.
    \17\ See SIFMA Letter at 4 and ARM Letter at 2.
    \18\ See SIFMA Letter at 4.
    \19\ See id. See also ARM Letter at 3.
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IV. Discussion and Commission Findings

    After careful review of the proposed rule change and the comment 
letters, the Commission finds that the proposed rule change is 
consistent with the requirements of the Act and the rules and 
regulations thereunder that are applicable to a national securities 
association.\20\ Specifically, the Commission finds that the proposed 
rule change is consistent with Section 15A(b)(6) of the Act,\21\ which 
requires, among other things, that FINRA rules be designed to prevent 
fraudulent and manipulative acts and practices, to promote just and 
equitable principles of trade, and, in general, to protect investors 
and the public interest as it changes the delivery method for CE to 
make it more flexible and efficient, as well as, less costly for the 
industry. In addition, it will provide candidates the amount of time 
that they feel they need to complete their CE session, enabling them to 
use the resource material included in the CE program. Having additional 
time to take the CE session may result in better learning outcomes, 
which should enhance investor protection.
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    \20\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. See 15 U.S.C. 78c(f).
    \21\ 15 U.S.C. 78o-3(b)(6).
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    FINRA stated in the Notice that it has provided safeguards to 
preserve the integrity of the CE program.\22\ Moreover, as FINRA and 
the commenters noted, the proposed rule change would provide 
flexibility with respect to completing the Regulatory Element by 
eliminating the need to go to a test center to complete a Regulatory 
Element session.\23\ The proposal also will reduce the fees and other 
costs associated with the Regulatory Element.\24\ In addition, FINRA 
stated that Web-based delivery of the Regulatory Element will improve 
its ability to update the content in response to rule changes and other 
industry demands.\25\ Specifically, FINRA will be able to update the 
Regulatory Element content directly and more efficiently because the 
update will no longer involve a multi-layered release and quality 
control process, which is required when FINRA employs vendors to 
deliver CE.\26\ The ability to update the content of the Regulatory 
Element directly will make the process

[[Page 47020]]

more efficient for FINRA and should promote better education of 
associated persons and consequently enhance investor protection.\27\
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    \22\ See Notice, supra note 3 at 34779-80. The Commission notes 
that under FINRA's Sanction Guidelines, the recommended penalty for 
cheating on the Regulatory Element is a bar. See id. at n. 17. The 
Commission expects both FINRA and its member firms to take 
appropriate measures to avoid any abuse that could be associated 
with Web-based delivery of CE. As FINRA noted in the Notice, firms 
may impose conditions on their associated persons regarding 
completion of their CE requirements in a Web-based environment. See 
id. at n. 14.
    \23\ See id. at 34780 and supra notes 14 and 16.
    \24\ See Notice, supra note 3 at 34780 and supra notes 14-15.
    \25\ See Notice, supra note 3 at 34780.
    \26\ See id.
    \27\ FINRA stated that the proposed rule change would ``allow 
FINRA to adopt different delivery methods in the future based on 
technology changes without having to amend the rule each time.'' See 
id. at 34779. This statement was based on the addition of the phrase 
``or such other technological manner and format as specified by 
FINRA,'' to Rule 1250(a)(6). The Commission notes, however, that 
FINRA must comply with the requirements of Section 19(b) of the Act.
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    For the reasons stated above, the Commission finds that the 
proposed rule change is consistent with the Act and the rules and 
regulations thereunder.

V. Conclusion

    IT IS THEREFORE ORDERED, pursuant to Section 19(b)(2) of the 
Act,\28\ that the proposed rule change (SR-FINRA-2015-015) be, and 
hereby is, approved.
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    \28\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\29\
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    \29\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-19289 Filed 8-5-15; 8:45 am]
BILLING CODE 8011-01-P



                                              47018                        Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices

                                              IV. Solicitation of Comments                              For the Commission, by the Division of                 and consists of periodic computer-based
                                                                                                      Trading and Markets, pursuant to delegated               training on regulatory, compliance,
                                                Interested persons are invited to                     authority.8                                              ethical, and supervisory subjects and
                                              submit written data, views and                          Robert W. Errett,                                        sales practice standards, which must be
                                              arguments concerning the foregoing,                     Deputy Secretary.                                        completed within prescribed
                                              including whether the proposed rule                     [FR Doc. 2015–19290 Filed 8–5–15; 8:45 am]               timeframes.5 There are four Regulatory
                                              change is consistent with the Act.                      BILLING CODE 8011–01–P                                   Element programs: (1) The S106 for
                                              Comments may be submitted by any of                                                                              Investment Company and Variable
                                              the following methods:                                                                                           Contracts Representatives; (2) the S201
                                                                                                      SECURITIES AND EXCHANGE                                  for registered principals and
                                              Electronic Comments                                     COMMISSION                                               supervisors; (3) the S901 for Operations
                                                • Use the Commission’s Internet                       [Release No. 34–75581; File No. SR–FINRA–                Professionals; and (4) the S101 for all
                                              comment form (http://www.sec.gov/                       2015–015]                                                other registration categories. Currently,
                                              rules/sro.shtml), or                                                                                             the Regulatory Element may be
                                                                                                      Self-Regulatory Organizations;                           administered in a test center or at a firm
                                                • Send an email to rule-comments@                     Financial Industry Regulatory                            that meets the requirements in Rule
                                              sec.gov. Please include File No. SR–                    Authority, Inc.; Order Approving a                       1250 for in-firm delivery of CE.6
                                              CME–2015–014 on the subject line.                       Proposed Rule Change To Provide a                           FINRA proposed to amend FINRA
                                                                                                      Web-Based Delivery Method for                            Rule 1250 to provide that the Regulatory
                                              Paper Comments
                                                                                                      Completing the Regulatory Element of                     Element program will be administered
                                                • Send paper comments in triplicate                   the Continuing Education                                 through Web-based delivery or such
                                              to Secretary, Securities and Exchange                   Requirements                                             other technological manner and format
                                              Commission, 100 F Street NE.,                                                                                    as specified by FINRA, and to eliminate
                                                                                                      July 31, 2015                                            the requirements for in-firm delivery of
                                              Washington, DC, 20549–1090.
                                                                                                      I. Introduction                                          the Regulatory Element.7 FINRA
                                              All submissions should refer to File                                                                             proposed to implement Web-based
                                              Number SR–CME–2015–014. This file                          On June 4, 2015, the Financial
                                                                                                                                                               delivery for the S106, S201, and S901
                                              number should be included on the                        Industry Regulatory Authority, Inc.
                                                                                                                                                               Regulatory Element programs on
                                              subject line if email is used. To help the              (‘‘FINRA’’) filed with the Securities and
                                                                                                                                                               October 1, 2015, and to implement Web-
                                                                                                      Exchange Commission (‘‘Commission’’),
                                              Commission process and review your                                                                               based delivery for the S101 Regulatory
                                                                                                      pursuant to Section 19(b)(1) of the
                                              comments more efficiently, please use                                                                            Element program on January 4, 2016.
                                                                                                      Securities Exchange Act of 1934                          FINRA also proposed to phase-out test-
                                              only one method. The Commission will
                                                                                                      (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a                center delivery by no later than six
                                              post all comments on the Commission’s
                                                                                                      proposed rule change to change the                       months after January 4, 2016.8
                                              Internet Web site (http://www.sec.gov/                  method of delivery for the Regulatory
                                              rules/sro.shtml). Copies of the                                                                                     In proposing these changes, FINRA
                                                                                                      Element of the Continuing Education                      noted that Web-based delivery will
                                              submission, all subsequent                              (‘‘CE’’) program. The proposed rule
                                              amendments, all written statements                                                                               provide registered persons the flexibility
                                                                                                      change was published for comment in                      to complete the Regulatory Element at a
                                              with respect to the proposed rule                       the Federal Register on June 17, 2015.3
                                              change that are filed with the                                                                                   location of their choosing and at any
                                                                                                      The Commission received four comment                     time during their 120-day window for
                                              Commission, and all written                             letters on the proposed rule change.4
                                              communications relating to the                                                                                   completion of the Regulatory Element,
                                                                                                      This order approves the proposed rule                    consistent with their firm’s
                                              proposed rule change between the                        change.                                                  requirements. In addition, there will be
                                              Commission and any person, other than
                                                                                                      II. Description of the Proposed Rule                     no three and a half hour time limitation,
                                              those that may be withheld from the
                                                                                                      Change                                                   as there is currently. FINRA also noted
                                              public in accordance with the
                                                                                                                                                               that the Web-based format will include
                                              provisions of 5 U.S.C. 552, will be                     A. Web-Based Delivery                                    safeguards to authenticate the identity
                                              available for Web site viewing and                                                                               of the CE candidate (e.g., by asking the
                                                                                                        As FINRA described in the Notice, the
                                              printing in the Commission’s Public                     CE requirements under FINRA Rule                         candidate to provide a portion of his
                                              Reference Room, 100 F Street, NE.,                      1250 consist of a Regulatory Element
                                              Washington, DC 20549, on official                       and a Firm Element. The Regulatory                          5 See Notice, supra note 3 at 34778 (describing

                                              business days between the hours of                      Element applies to registered persons                    the Regulatory Element in more detail, including
                                              10:00 a.m. and 3:00 p.m. Copies of such                                                                          the timeframes for completing the Regulatory
                                                                                                                                                               Element). Currently, candidates have three and a
                                              filing also will be available for                         8 17  CFR 200.30–3(a)(12).                             half hours to complete their CE session.
                                              inspection and copying at the principal                   1 15  U.S.C. 78s(b)(1).                                   6 See id. at n. 8 (describing in-firm delivery

                                              office of CME and on CME’s Web site at                     2 17 CFR 240.19b–4.                                   procedures).
                                              http://www.cmegroup.com/market-                            3 See Securities Exchange Act Release No. 75154          7 FINRA also proposed to delete Incorporated

                                              regulation/rule-filings.html.                           (June 11, 2015), 80 FR 34777 (‘‘Notice’’).               NYSE Rule 345A (Continuing Education for
                                                                                                         4 See letters from Kevin Zambrowicz, Associate        Registered Persons) and Incorporated NYSE Rule
                                                 All comments received will be posted                 General Counsel & Managing Director and Stephen          Interpretation 345A (Continuing Education for
                                              without change; the Commission does                     Vogt, Assistant Vice President & Assistant General       Registered Persons). According to FINRA, these
                                                                                                      Counsel, Securities Industry and Financial Markets       rules are substantially similar to FINRA Rule 1250.
                                              not edit personal identifying                           Association, dated July 7, 2015 (‘‘SIFMA Letter’’);         8 Under the proposal, firms will not be able to
                                              information from submissions. You                       Daniel Kosowsky, Chief Compliance Officer,               establish new in-firm delivery programs after
tkelley on DSK3SPTVN1PROD with NOTICES




                                              should submit only information that                     Morgan Stanley Smith Barney LLC and Rose-Anne            October 1, 2015. Firms that have pre-existing in-
                                              you wish to make available publicly.                    Richter, Chief Compliance Officer, Morgan Stanley        firm delivery programs that are established before
                                                                                                      & Co. LLC, dated July 8, 2015 (‘‘Morgan Stanley          October 1, 2015 will not be able to use that delivery
                                                 All submissions should refer to File                 Letter’’); David T. Bellaire, Executive Vice President   method for the S106, S201, and S901 Regulatory
                                              Number SR–CME–2015–014 and should                       & General Counsel, Financial Services Institute,         Element programs after October 1, 2015, and they
                                                                                                      dated July 8, 2015 (‘‘FSI Letter’’); and Michele Van     will not be able to use that delivery method for the
                                              be submitted on or before August 27,                    Tassel, President, Association of Registration           S101 Regulatory Element program after January 4,
                                              2015.                                                   Management, dated July 8, 2015 (‘‘ARM Letter’’).         2016.



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                                                                           Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices                                                     47019

                                              Social Security Number (‘‘SSN’’) and                    the commenters noted that the proposal                 and regulations thereunder that are
                                              date of birth). Before commencing a                     would modernize FINRA’s CE                             applicable to a national securities
                                              Web-based session, each candidate must                  requirements,13 remove burdens                         association.20 Specifically, the
                                              agree to the Rules of Conduct for Web-                  associated with the test center delivery               Commission finds that the proposed
                                              based delivery. If FINRA discovers that                 method (e.g., the time spent traveling to              rule change is consistent with Section
                                              a candidate has violated the Rules of                   a test center),14 and reduce the fees and              15A(b)(6) of the Act,21 which requires,
                                              Conduct, the candidate will forfeit the                 other costs associated with the                        among other things, that FINRA rules be
                                              results of the session and may be subject               Regulatory Element.15 Commenters also                  designed to prevent fraudulent and
                                              to disciplinary action by FINRA. FINRA                  supported the flexibility associated with              manipulative acts and practices, to
                                              considers violations of the Rules of                    Web-based delivery.16 Moreover, two                    promote just and equitable principles of
                                              Conduct to be conduct inconsistent with                 commenter supported FINRA’s                            trade, and, in general, to protect
                                              high standards of commercial honor and                  proposed timeline for implementing                     investors and the public interest as it
                                              just and equitable principles of trade, in              Web-based delivery.17 One of these                     changes the delivery method for CE to
                                              violation of FINRA Rule 2010.                           commenters stated that a phased                        make it more flexible and efficient, as
                                                                                                      approach will provide firms with the                   well as, less costly for the industry. In
                                              B. Proctor Registration                                 flexibility needed to address technology,              addition, it will provide candidates the
                                                 Currently, NASD Rule 1043 requires                   operations, and process issues that may                amount of time that they feel they need
                                              an associated person who is designated                  arise.18 This commenter additionally                   to complete their CE session, enabling
                                              by a firm as a proctor for the purposes                 requested that, if FINRA proposes                      them to use the resource material
                                              of in-firm delivery of the Regulatory                   materially new technology, delivery                    included in the CE program. Having
                                              Element to be registered as a Proctor                   platforms, or other measures in the                    additional time to take the CE session
                                              with FINRA through the filing of a Form                 future, FINRA solicit comments on the                  may result in better learning outcomes,
                                              U4 (Uniform Application for Securities                  proposed changes through a Regulatory                  which should enhance investor
                                              Industry Registration or Transfer).9 In                 Notice and seek and receive FINRA                      protection.
                                              light of the Web-based delivery                         Board approval of the changes before                      FINRA stated in the Notice that it has
                                              proposal, FINRA proposed to eliminate                   implementing the changes.19                            provided safeguards to preserve the
                                              NASD Rule 1043, and to automatically                                                                           integrity of the CE program.22 Moreover,
                                                                                                      IV. Discussion and Commission                          as FINRA and the commenters noted,
                                              terminate the Proctor registration                      Findings
                                              category in the CRD system on January                                                                          the proposed rule change would provide
                                              4, 2016.                                                  After careful review of the proposed                 flexibility with respect to completing
                                                                                                      rule change and the comment letters,                   the Regulatory Element by eliminating
                                              C. Fee for Web-Based Delivery                           the Commission finds that the proposed                 the need to go to a test center to
                                                 Currently, the fee for test-center and               rule change is consistent with the                     complete a Regulatory Element
                                              in-firm deliveries is $100 per session,                 requirements of the Act and the rules                  session.23 The proposal also will reduce
                                              although in-firm deliveries receive a                                                                          the fees and other costs associated with
                                              three-dollar rebate per session.10 FINRA                on, a particular CE session. See SIFMA Letter at 5     the Regulatory Element.24 In addition,
                                              proposed to establish a $55 fee for each                and ARM Letter at 2. Commenters also requested
                                                                                                      that FINRA consider the use of identifiers other
                                                                                                                                                             FINRA stated that Web-based delivery
                                              candidate who completes the Regulatory                  than the SSN for candidates who do not have an         of the Regulatory Element will improve
                                              Element via the Web-based delivery                      SSN. See SIFMA Letter at 5, Morgan Stanley Letter      its ability to update the content in
                                              method.11 However, FINRA is not                         at 1, and ARM Letter at 2–3. Two commenters            response to rule changes and other
                                              proposing any changes to the session                    requested that FINRA provide firms with an
                                                                                                      appropriate degree of flexibility with respect to
                                                                                                                                                             industry demands.25 Specifically,
                                              fees for test-center and in-firm deliveries             individual CE deadlines if they encounter              FINRA will be able to update the
                                              until it has completed the phase-out                    unexpected but demonstrated technical difficulties.    Regulatory Element content directly and
                                              process.                                                See SIFMA Letter at 4 and ARM Letter at 2. In          more efficiently because the update will
                                                                                                      addition, these two commenters requested that
                                              III. Comment Letters                                    FINRA provide guidance on the implementation of
                                                                                                                                                             no longer involve a multi-layered
                                                                                                      Web-based delivery, including clarification            release and quality control process,
                                                 The Commission received four                         regarding how it will handle reasonably foreseeable    which is required when FINRA employs
                                              comment letters that supported the                      technology and operational issues that may arise       vendors to deliver CE.26 The ability to
                                              proposed rule change.12 In particular,                  with the implementation and use of the Web-based
                                                                                                                                                             update the content of the Regulatory
                                                                                                      CE program. See SIFMA Letter at 5 and ARM Letter
                                                                                                      at 2. One commenter suggested that FINRA provide       Element directly will make the process
                                                9 Currently, an associated person who is already
                                                                                                      help guides, user instructions, and frequently asked
                                              registered in another registration category may be
                                                                                                      questions to minimize confusion about completing         20 In approving this proposed rule change, the
                                              designated as a proctor by a firm without having to
                                                                                                      the CE requirements through the new process, and       Commission has considered the proposed rule’s
                                              register as a Proctor with FINRA.
                                                10 There are also additional fees for taking the
                                                                                                      conduct information sessions for FINRA member          impact on efficiency, competition, and capital
                                                                                                      firms to better prepare for questions and issues       formation. See 15 U.S.C. 78c(f).
                                              session outside of the United States, failing to        about the new CE delivery method and related             21 15 U.S.C. 78o-3(b)(6).
                                              appear on time for an appointment, or cancelling        completion process. See ARM Letter at 2. The             22 See Notice, supra note 3 at 34779–80. The
                                              or rescheduling an appointment. See Section 4 of        Commission understands that FINRA will provide
                                              Schedule A to the FINRA By-Laws. See also Notice,                                                              Commission notes that under FINRA’s Sanction
                                                                                                      guidance on these issues. Finally, one commenter       Guidelines, the recommended penalty for cheating
                                              supra note 3 at 34779.                                  encouraged FINRA to continue to review its
                                                11 FINRA also proposed to amend its fee schedule                                                             on the Regulatory Element is a bar. See id. at n. 17.
                                                                                                      rulebook, interpretations, and fees. See SIFMA         The Commission expects both FINRA and its
                                              to clarify that registered persons will not be          Letter at 6.
                                              required to complete the Regulatory Element in a                                                               member firms to take appropriate measures to avoid
                                                                                                         13 See SIFMA Letter at 4, Morgan Stanley Letter
                                              test center or in-firm during the phase-out period.                                                            any abuse that could be associated with Web-based
                                                                                                      at 1, FSI Letter at 1–3, and ARM Letter at 3.          delivery of CE. As FINRA noted in the Notice, firms
                                                12 See supra note 4. These commenters also
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                                                                                                         14 See SIFMA Letter at 4, Morgan Stanley Letter
                                                                                                                                                             may impose conditions on their associated persons
                                              provided comments relating to the implementation        at 1, FSI Letter at 1–3, and ARM Letter at 1 and 3.    regarding completion of their CE requirements in a
                                              of this proposed rule change. In particular, one           15 See SIFMA Letter at 4, Morgan Stanley Letter     Web-based environment. See id. at n. 14.
                                              commenter requested that FINRA continue to make
                                                                                                      at 1, FSI Letter at 2, and ARM Letter at 1 and 3.        23 See id. at 34780 and supra notes 14 and 16.
                                              CE training data and test results available to firms.      16 See SIFMA Letter at 4 and FSI Letter at 2.         24 See Notice, supra note 3 at 34780 and supra
                                              See FSI Letter at 1 and 3. Two commenters
                                                                                                         17 See SIFMA Letter at 4 and ARM Letter at 2.       notes 14–15.
                                              requested that FINRA provide clarification on the
                                                                                                         18 See SIFMA Letter at 4.                             25 See Notice, supra note 3 at 34780.
                                              level of information that will be available to firms
                                              regarding an individual’s initiation of, and progress      19 See id. See also ARM Letter at 3.                  26 See id.




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                                              47020                        Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Notices

                                              more efficient for FINRA and should                     18, 2015, until on or about January 3,                in the Office of the Legal Adviser, U.S.
                                              promote better education of associated                  2016, and at possible additional                      Department of State (telephone: 202–
                                              persons and consequently enhance                        exhibitions or venues yet to be                       632–6471; email: section2459@
                                              investor protection.27                                  determined, is in the national interest.              state.gov). The mailing address is U.S.
                                                For the reasons stated above, the                     I have ordered that Public Notice of                  Department of State, L/PD, SA–5, Suite
                                              Commission finds that the proposed                      these Determinations be published in                  5H03, Washington, DC 20522–0505.
                                              rule change is consistent with the Act                  the Federal Register.
                                                                                                                                                               Dated: July 30, 2015.
                                              and the rules and regulations                           FOR FURTHER INFORMATION CONTACT: For
                                              thereunder.                                                                                                   Kelly Keiderling,
                                                                                                      further information, including a list of
                                                                                                      the imported objects, contact the Office              Principal Deputy Assistant Secretary, Bureau
                                              V. Conclusion                                                                                                 of Educational and Cultural Affairs,
                                                                                                      of Public Diplomacy and Public Affairs
                                                 IT IS THEREFORE ORDERED,                                                                                   Department of State.
                                                                                                      in the Office of the Legal Adviser, U.S.
                                              pursuant to Section 19(b)(2) of the                     Department of State (telephone: 202–                  [FR Doc. 2015–19339 Filed 8–5–15; 8:45 am]
                                              Act,28 that the proposed rule change                    632–6471; email: section2459@                         BILLING CODE 4710–05–P
                                              (SR–FINRA–2015–015) be, and hereby                      state.gov). The mailing address is U.S.
                                              is, approved.                                           Department of State, L/PD, SA–5, Suite
                                                For the Commission, by the Division of                5H03, Washington, DC 20522–0505.                      DEPARTMENT OF STATE
                                              Trading and Markets, pursuant to delegated                 Dated: July 27, 2015.
                                              authority.29                                                                                                  [Public Notice: 9212]
                                                                                                      Kelly Keiderling,
                                              Robert W. Errett,
                                                                                                      Principal Deputy Assistant Secretary, Bureau
                                              Deputy Secretary.                                                                                             Culturally Significant Objects Imported
                                                                                                      of Educational and Cultural Affairs,
                                              [FR Doc. 2015–19289 Filed 8–5–15; 8:45 am]              Department of State.                                  for Exhibition Determinations:
                                              BILLING CODE 8011–01–P                                  [FR Doc. 2015–19338 Filed 8–5–15; 8:45 am]
                                                                                                                                                            ‘‘Breguet: Art and Innovation in
                                                                                                                                                            Watchmaking’’ Exhibition
                                                                                                      BILLING CODE 4710–05–P

                                                                                                                                                            SUMMARY:   Notice is hereby given of the
                                              DEPARTMENT OF STATE
                                                                                                      DEPARTMENT OF STATE                                   following determinations: Pursuant to
                                              [Public Notice: 9213]                                                                                         the authority vested in me by the Act of
                                                                                                      [Public Notice: 9214]                                 October 19, 1965 (79 Stat. 985; 22 U.S.C.
                                              Culturally Significant Objects Imported                                                                       2459), Executive Order 12047 of March
                                              for Exhibition Determinations: ‘‘Kongo:                 Culturally Significant Objects Imported
                                                                                                                                                            27, 1978, the Foreign Affairs Reform and
                                              Power and Majesty’’ Exhibition                          for Exhibition Determinations: ‘‘Berlin
                                                                                                                                                            Restructuring Act of 1998 (112 Stat.
                                                                                                      Metropolis: 1918–1933’’ Exhibition
                                              SUMMARY:   Notice is hereby given of the                                                                      2681, et seq.; 22 U.S.C. 6501 note, et
                                              following determinations: Pursuant to                   SUMMARY:    Notice is hereby given of the             seq.), Delegation of Authority No. 234 of
                                              the authority vested in me by the Act of                following determinations: Pursuant to                 October 1, 1999, Delegation of Authority
                                              October 19, 1965 (79 Stat. 985; 22 U.S.C.               the authority vested in me by the Act of              No. 236–3 of August 28, 2000 (and, as
                                              2459), Executive Order 12047 of March                   October 19, 1965 (79 Stat. 985; 22 U.S.C.             appropriate, Delegation of Authority No.
                                              27, 1978, the Foreign Affairs Reform and                2459), Executive Order 12047 of March                 257 of April 15, 2003), I hereby
                                              Restructuring Act of 1998 (112 Stat.                    27, 1978, the Foreign Affairs Reform and              determine that the objects to be
                                              2681, et seq.; 22 U.S.C. 6501 note, et                  Restructuring Act of 1998 (112 Stat.                  included in the exhibition ‘‘Breguet: Art
                                              seq.), Delegation of Authority No. 234 of               2681, et seq.; 22 U.S.C. 6501 note, et                and Innovation in Watchmaking,’’
                                              October 1, 1999, Delegation of Authority                seq.), Delegation of Authority No. 234 of             imported from abroad for temporary
                                              No. 236–3 of August 28, 2000 (and, as                   October 1, 1999, Delegation of Authority              exhibition within the United States, are
                                              appropriate, Delegation of Authority No.                No. 236–3 of August 28, 2000 (and, as                 of cultural significance. The objects are
                                              257 of April 15, 2003), I hereby                        appropriate, Delegation of Authority No.              imported pursuant to loan agreements
                                              determine that the objects to be                        257 of April 15, 2003), I hereby                      with the foreign owners or custodians.
                                              included in the exhibition ‘‘Kongo:                     determine that the objects to be                      I also determine that the exhibition or
                                              Power and Majesty,’’ imported from                      included in the exhibition ‘‘Berlin                   display of the exhibit objects at the Fine
                                              abroad for temporary exhibition within                  Metropolis: 1918–1933,’’ imported from                Arts Museums of San Francisco, Legion
                                              the United States, are of cultural                      abroad for temporary exhibition within                of Honor, San Francisco, California,
                                              significance. The objects are imported                  the United States, are of cultural                    from on or about September 19, 2015,
                                              pursuant to loan agreements with the                    significance. The objects are imported                until on or about January 10, 2016, and
                                              foreign owners or custodians. I also                    pursuant to loan agreements with the                  at possible additional exhibitions or
                                              determine that the exhibition or display                foreign owners or custodians. I also                  venues yet to be determined, is in the
                                              of the imported objects at The                          determine that the exhibition or display
                                                                                                                                                            national interest. I have ordered that
                                              Metropolitan Museum of Art, New York,                   of the exhibit objects at the Neue Galerie
                                                                                                                                                            Public Notice of these Determinations
                                              New York, from on or about September                    New York, New York, New York, from
                                                                                                                                                            be published in the Federal Register.
                                                                                                      on or about October 1, 2015, until on or
                                                27 FINRA stated that the proposed rule change         about January 4, 2016, and at possible                FOR FURTHER INFORMATION CONTACT:     For
                                              would ‘‘allow FINRA to adopt different delivery         additional exhibitions or venues yet to               further information, including a list of
                                              methods in the future based on technology changes       be determined, is in the national                     the imported objects, contact the Office
                                              without having to amend the rule each time.’’ See
tkelley on DSK3SPTVN1PROD with NOTICES




                                              id. at 34779. This statement was based on the           interest. I have ordered that Public                  of Public Diplomacy and Public Affairs
                                              addition of the phrase ‘‘or such other technological    Notice of these Determinations be                     in the Office of the Legal Adviser, U.S.
                                              manner and format as specified by FINRA,’’ to Rule      published in the Federal Register.                    Department of State (telephone: 202–
                                              1250(a)(6). The Commission notes, however, that
                                              FINRA must comply with the requirements of
                                                                                                      FOR FURTHER INFORMATION CONTACT: For                  632–6471; email: section2459@
                                              Section 19(b) of the Act.                               further information, including a list of              state.gov). The mailing address is U.S.
                                                28 15 U.S.C. 78s(b)(2).                               the imported objects, contact the Office              Department of State, L/PD, SA–5, Suite
                                                29 17 CFR 200.30–3(a)(12).                            of Public Diplomacy and Public Affairs                5H03, Washington, DC 20522–0505.


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Document Created: 2018-02-23 10:55:53
Document Modified: 2018-02-23 10:55:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 47018 

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