80_FR_64661 80 FR 64456 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the New Securities Trader Qualification Examination (Series 57)

80 FR 64456 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the New Securities Trader Qualification Examination (Series 57)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 205 (October 23, 2015)

Page Range64456-64458
FR Document2015-26912

Federal Register, Volume 80 Issue 205 (Friday, October 23, 2015)
[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Notices]
[Pages 64456-64458]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26912]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76188; File No. SR-FINRA-2015-042]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change Relating to the New Securities Trader 
Qualification Examination (Series 57)

October 19, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'' or ``SEA'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby 
given that on October 13, 2015, Financial Industry Regulatory 
Authority, Inc. (``FINRA'') filed with the Securities and Exchange 
Commission (``SEC'' or ``Commission'') the proposed rule change as 
described in Items I, II, and III below, which Items have been prepared 
by FINRA. FINRA has designated the proposed rule change as constituting 
a ``non-controversial'' rule change under paragraph (f)(6) of Rule 19b-
4 under the Act,\3\ which renders the proposal effective upon receipt 
of this filing by the Commission. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    FINRA is filing the content outline and selection specifications 
for the new Securities Trader qualification examination (Series 57).\4\ 
FINRA is not proposing any textual changes to the By-Laws, Schedules to 
the By-Laws or Rules of FINRA.
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    \4\ FINRA also is establishing the Series 57 question bank. 
FINRA is submitting this filing for immediate effectiveness pursuant 
to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder, 
and is not filing the question bank. See Letter to Alden S. Adkins, 
Senior Vice President and General Counsel, NASD Regulation, from 
Belinda Blaine, Associate Director, Division of Market Regulation, 
SEC, dated July 24, 2000. The question bank is available for SEC 
review.
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    The Series 57 content outline is attached.\5\ The Series 57 
selection specifications have been submitted to the Commission under 
separate cover with a request for confidential treatment pursuant to 
SEA Rule 24b-2.\6\
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    \5\ The Commission notes that the content outline is attached to 
the filing, not to this Notice.
    \6\ 17 CFR 240.24b-2.
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    The text of the proposed rule change is available on FINRA's Web 
site at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA 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
    Section 15A(g)(3) of the Act \7\ authorizes FINRA to prescribe 
standards of training, experience, and competence for persons 
associated with FINRA members. In accordance with that provision, FINRA 
has developed examinations that are designed to establish that persons 
associated with FINRA members have attained specified levels of 
competence and knowledge, consistent with applicable registration 
requirements under FINRA rules.
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    \7\ 15 U.S.C. 78o-3(g)(3).
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    The Commission recently approved a proposed rule change to amend 
NASD Rule 1032(f) (Limited Representative--Equity Trader) to replace 
the Equity Trader registration category and qualification examination 
(Series 55) with the Securities Trader registration category and 
qualification examination (Series 57).\8\ The rule provides that each 
associated person of a member who is included within the definition of 
``representative'' in NASD Rule 1031 (Registration Requirements) is 
required to register with FINRA as a Securities

[[Page 64457]]

Trader if, with respect to transactions in equity (including equity 
options), preferred or convertible debt securities effected otherwise 
than on a securities exchange, such person is engaged in proprietary 
trading, the execution of transactions on an agency basis or the direct 
supervision of such activities.\9\ In addition, NASD Rule 1032(f) 
provides that in order to register as a Securities Trader, an applicant 
must pass the Series 57 examination. The Series 57 examination will 
qualify an associated person to function as a Securities Trader. There 
is no prerequisite registration requirement for Securities Trader 
registration. An associated person registered as a Securities Trader 
will not be qualified to function in any other registered capacity, 
unless he or she is qualified and registered in that other registration 
category.\10\ For instance, a person registered as a Securities Trader 
will not be able to engage in any retail or institutional sales 
activities, unless he or she is qualified and registered in the 
appropriate registration category, such as a General Securities 
Representative.
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    \8\ See Securities Exchange Act Release No. 75783 (August 28, 
2015), 80 FR 53369 (September 3, 2015) (Order Approving File No. SR-
FINRA-2015-017) (``Approval Order'').
    \9\ There is an exception from the Securities Trader 
registration requirement for any associated person of a member whose 
trading activities are conducted principally on behalf of an 
investment company that is registered with the SEC pursuant to the 
Investment Company Act of 1940 and that controls, is controlled by, 
or is under common control with the member.
    \10\ See NASD Rule 1032(f).
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    In addition, the Commission approved amendments to NASD Rule 
1022(a) (General Securities Principal) to establish a Securities Trader 
Principal registration category and require each associated person of a 
member who is included within the definition of ``principal'' in NASD 
Rule 1021 (Registration Requirements) with supervisory responsibility 
over the securities trading activities described in NASD Rule 1032(f), 
to qualify and register as a Securities Trader Principal.\11\ To 
qualify for registration as a Securities Trader Principal, an 
associated person must be registered as a Securities Trader and pass 
the General Securities Principal qualification examination (Series 24). 
An associated person registered as a Securities Trader Principal will 
not be eligible to register as a General Securities Principal unless 
the person passes the appropriate prerequisite examination for General 
Securities Principal registration, such as the Series 7 examination. In 
this regard, NASD Rule 1022(a) provides that a person qualified and 
registered as a Securities Trader Principal may only have supervisory 
responsibility over the activities specified in NASD Rule 1032(f), 
unless the person is separately qualified and registered in another 
appropriate principal registration category, such as the General 
Securities Principal registration category.
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    \11\ See Approval Order, supra note 8.
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    FINRA is expecting the national securities exchanges to file 
similar proposed rule changes to replace the Proprietary Trader 
qualification examination (Series 56) with the Series 57 examination in 
their respective registration rules relating to securities trading 
activities. Further, the Series 57 examination will replace the Series 
56 examination for those exchange registration categories, such as the 
Proprietary Trader Principal registration category, where the Series 56 
examination is currently an acceptable prerequisite.
    FINRA developed the Series 57 examination in consultation with a 
committee of industry representatives and representatives of several 
exchanges. The examination is based on the current job functions of a 
Securities Trader and includes elements of the Series 55 and 56 
examinations. The Series 57 content outline covers the laws, rules and 
regulations relevant to securities trading as well as the functions and 
associated tasks performed by a Securities Trader.
Series 57 Content Outline
    The Series 57 content outline is divided into four major job 
functions that are performed by a Securities Trader. The following are 
the four major job functions, denoted Function 1 through 4, with the 
associated number of questions:
    Function 1: Market Overview and Products, 22 questions;
    Function 2: Engaging in Professional Conduct and Adhering to 
Regulatory Requirements, 12 questions;
    Function 3: Trading Activities, 79 questions; and
    Function 4: Maintaining Books and Records and Trade Reporting, 12 
questions.
    The number of questions assigned to each major job function 
reflects the key tasks performed by a Securities Trader.
    Each function also includes specific tasks describing activities 
associated with performing that function. There are three tasks (1.1-
1.3) associated with Function 1; two tasks (2.1-2.2) associated with 
Function 2; three tasks (3.1-3.3) associated with Function 3; and two 
tasks (4.1-4.2) associated with Function 4.\12\ By way of example, one 
such task, Task 4.2, relates to creating, retaining, and reporting 
required records of orders and transactions.\13\ Further, the content 
outline lists the knowledge required to perform each function and 
associated tasks (e.g., in connection with Task 4.2, large trader ID 
and related reporting and monitoring requirements and order execution/
routing information).\14\ In addition, where applicable, the content 
outline lists the laws, rules and regulations a candidate is expected 
to know to perform each function and associated tasks.\15\ These 
include applicable federal securities laws, as well as FINRA and other 
self-regulatory organization rules and regulations. FINRA conducted a 
job analysis study of Securities Traders, which included the use of a 
survey, in developing each function and associated tasks and the 
required knowledge set forth in the content outline. The functions and 
associated tasks reflect the day-to-day activities of a Securities 
Trader. The Series 57 selection specifications and question bank cover 
the topics in the content outline.
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    \12\ See Exhibit 3a, Outline Pages 6-13. The Commission notes 
that all references to Exhibit 3a refer to Exhibit 3a to the 
proposed rule change.
    \13\ See Exhibit 3a, Outline Page 13.
    \14\ See Exhibit 3a, Outline Page 13.
    \15\ See Exhibit 3a, Outline Pages 14-36.
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    The content outline also includes sample questions \16\ and 
reference materials.\17\ In the preface, the content outline includes, 
among other things: (1) A table of contents; (2) details regarding the 
purpose of the examination; (3) eligibility requirements; (4) the 
application procedures; (5) information regarding the structure of the 
examination; (6) details regarding the development and maintenance of 
the content outline and examination; (7) information regarding the 
administration of the examination; (8) an explanation that the passing 
score is determined by FINRA based on a number of factors including 
industry trends, historical exam performance and evaluations of the 
content difficulty by a committee of industry professionals, using a 
standard setting procedure, and that a statistical adjustment process 
known as equating is used in scoring examinations; and (9) an 
explanation that each candidate will receive a score report at the end 
of the test session, which will indicate a pass or fail status and 
include a score profile listing the candidate's performance on each 
major content area covered on the examination.\18\
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    \16\ See Exhibit 3a, Outline Page 37.
    \17\ See Exhibit 3a, Outline Page 38.
    \18\ See Exhibit 3a, Outline Pages 2-5.
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    The number of questions on the Series 57 examination will be 125 
scored

[[Page 64458]]

multiple-choice questions,\19\ and candidates will have three hours and 
45 minutes to complete the examination. The passing score will be 70 
percent.
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    \19\ Consistent with FINRA's practice of including ``pretest'' 
items on qualification examinations, which is designed to ensure 
that new examination items meet acceptable testing standards prior 
to use for scoring purposes, the examination includes 10 additional, 
unidentified pretest items that do not contribute towards the 
candidate's score. Therefore, the examination actually consists of 
135 items, 125 of which are scored. The 10 pretest items are 
randomly distributed throughout the examination.
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Availability of Content Outline
    The Series 57 content outline is available on FINRA's Web site, at 
http://www.finra.org/industry/qualification-exams.
    FINRA is filing the proposed rule change for immediate 
effectiveness. FINRA proposes to implement the Series 57 examination on 
January 4, 2016. FINRA will announce the proposed rule change and the 
implementation date in a Regulatory Notice.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of Section 15A(b)(6) of the Act,\20\ which requires, among 
other things, that FINRA rules must 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, and Section 15A(g)(3) of the Act,\21\ which authorizes 
FINRA to prescribe standards of training, experience, and competence 
for persons associated with FINRA members. FINRA believes that the 
proposed rule change furthers these purposes by establishing the 
qualification examination that individuals, including associated 
persons of FINRA members, must pass to register and function as 
Securities Traders and Securities Trader Principals. The examination is 
intended to safeguard the investing public by helping to ensure that 
individuals registering as Securities Traders, as well as those 
responsible for the supervision of securities trading activities, are 
competent to perform their job functions.
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    \20\ 15 U.S.C. 78o-3(b)(6).
    \21\ 15 U.S.C. 78o-3(g)(3).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. The new examination aligns with 
the functions and associated tasks currently performed by associated 
persons engaged in securities trading and tests knowledge of the laws, 
rules, regulations and skills relevant to those functions and 
associated tasks.

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 from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \22\ and Rule 19b-
4(f)(6) thereunder.\23\
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    \22\ 15 U.S.C. 78s(b)(3)(A).
    \23\ 17 CFR 240.19b-4(f)(6).
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    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 [email protected]. Please include 
File Number SR-FINRA-2015-042 on the subject line.

Paper Comments

     Send paper comments in triplicate to Robert W. Errett, 
Deputy Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2015-042. 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 
a.m. and 3 p.m. Copies of such filing also will be available for 
inspection and copying at the principal office of 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 SR-FINRA-2015-042 and should be 
submitted on or before November 13, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-26912 Filed 10-22-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  64456                         Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Notices

                                                  II. Notice of Filings                                   Global Direct Contracts from the                       Laws, Schedules to the By-Laws or
                                                     The Commission establishes Docket                    Competitive Product List, pursuant to                  Rules of FINRA.
                                                                                                          39 U.S.C. 3642. Documents pertinent to                    The Series 57 content outline is
                                                  No. MC2016–7 to consider the Request
                                                                                                          this request are available at http://                  attached.5 The Series 57 selection
                                                  pertaining to the removal of Global
                                                                                                          www.prc.gov, Docket No. MC2016–7.                      specifications have been submitted to
                                                  Direct Contracts from the competitive
                                                                                                                                                                 the Commission under separate cover
                                                  product list.                                           Stanley F. Mires,                                      with a request for confidential treatment
                                                     Interested persons may submit                        Attorney, Federal Compliance.                          pursuant to SEA Rule 24b–2.6
                                                  comments on whether the Postal                          [FR Doc. 2015–26906 Filed 10–22–15; 8:45 am]              The text of the proposed rule change
                                                  Service’s filings in the captioned docket               BILLING CODE 7710–12–P                                 is available on FINRA’s Web site at
                                                  are consistent with the policies of 39                                                                         http://www.finra.org, at the principal
                                                  U.S.C. 3632, 3633, or 3642, 39 CFR part                                                                        office of FINRA and at the
                                                  3010, 39 CFR part 3015, and 39 CFR                                                                             Commission’s Public Reference Room.
                                                  part 3020, subpart B and subpart E.                     SECURITIES AND EXCHANGE
                                                  Comments are due no later than October                  COMMISSION                                             II. Self-Regulatory Organization’s
                                                  26, 2015. The public portions of the                                                                           Statement of the Purpose of, and
                                                                                                          [Release No. 34–76188; File No. SR–FINRA–              Statutory Basis for, the Proposed Rule
                                                  filings can be accessed via the                         2015–042]
                                                  Commission’s Web site (http://                                                                                 Change
                                                  www.prc.gov).                                           Self-Regulatory Organizations;                            In its filing with the Commission,
                                                     The Commission appoints James F.                     Financial Industry Regulatory                          FINRA included statements concerning
                                                  Callow to serve as Public Representative                Authority, Inc.; Notice of Filing and                  the purpose of and basis for the
                                                  in this docket.                                         Immediate Effectiveness of a Proposed                  proposed rule change and discussed any
                                                  III. Ordering Paragraphs                                Rule Change Relating to the New                        comments it received on the proposed
                                                                                                          Securities Trader Qualification                        rule change. The text of these statements
                                                    It is ordered:                                        Examination (Series 57)                                may be examined at the places specified
                                                    1. The Commission establishes Docket                                                                         in Item IV below. FINRA has prepared
                                                  No. MC2016–7 to consider the Postal                     October 19, 2015.                                      summaries, set forth in sections A, B,
                                                  Service’s Request.                                         Pursuant to Section 19(b)(1) of the                 and C below, of the most significant
                                                    2. Pursuant to 39 U.S.C. 505, James F.                Securities Exchange Act of 1934 (‘‘Act’’               aspects of such statements.
                                                  Callow is appointed to serve as an                      or ‘‘SEA’’) 1 and Rule 19b–4
                                                  officer of the Commission (Public                       thereunder,2 notice is hereby given that               A. Self-Regulatory Organization’s
                                                  Representative) to represent the                        on October 13, 2015, Financial Industry                Statement of the Purpose of, and
                                                  interests of the general public in these                Regulatory Authority, Inc. (‘‘FINRA’’)                 Statutory Basis for, the Proposed Rule
                                                  proceedings.                                            filed with the Securities and Exchange                 Change
                                                    3. Comments by interested persons in                  Commission (‘‘SEC’’ or ‘‘Commission’’)                 1. Purpose
                                                  these proceedings are due no later than                 the proposed rule change as described                     Section 15A(g)(3) of the Act 7
                                                  October 26, 2015.                                       in Items I, II, and III below, which Items             authorizes FINRA to prescribe standards
                                                    4. The Secretary shall arrange for                    have been prepared by FINRA. FINRA                     of training, experience, and competence
                                                  publication of this order in the Federal                has designated the proposed rule change                for persons associated with FINRA
                                                  Register.                                               as constituting a ‘‘non-controversial’’                members. In accordance with that
                                                                                                          rule change under paragraph (f)(6) of                  provision, FINRA has developed
                                                  Ruth Ann Abrams,
                                                                                                          Rule 19b–4 under the Act,3 which                       examinations that are designed to
                                                  Acting Secretary.                                       renders the proposal effective upon
                                                  [FR Doc. 2015–26925 Filed 10–22–15; 8:45 am]
                                                                                                                                                                 establish that persons associated with
                                                                                                          receipt of this filing by the Commission.              FINRA members have attained specified
                                                  BILLING CODE 7710–FW–P                                  The Commission is publishing this                      levels of competence and knowledge,
                                                                                                          notice to solicit comments on the                      consistent with applicable registration
                                                                                                          proposed rule change from interested                   requirements under FINRA rules.
                                                  POSTAL SERVICE                                          persons.                                                  The Commission recently approved a
                                                                                                          I. Self-Regulatory Organization’s                      proposed rule change to amend NASD
                                                  Removal of Global Direct Contracts                                                                             Rule 1032(f) (Limited Representative—
                                                  From the Competitive Product List                       Statement of the Terms of Substance of
                                                                                                          the Proposed Rule Change                               Equity Trader) to replace the Equity
                                                  AGENCY:   Postal Service.                                                                                      Trader registration category and
                                                                                                            FINRA is filing the content outline                  qualification examination (Series 55)
                                                  ACTION:   Notice.                                       and selection specifications for the new               with the Securities Trader registration
                                                  SUMMARY:  The Postal Service hereby                     Securities Trader qualification                        category and qualification examination
                                                  provides notice that it has filed a                     examination (Series 57).4 FINRA is not                 (Series 57).8 The rule provides that each
                                                  request with the Postal Regulatory                      proposing any textual changes to the By-               associated person of a member who is
                                                  Commission to remove Global Direct                                                                             included within the definition of
                                                  Contracts from the competitive product
                                                                                                            1 15 U.S.C. 78s(b)(1).                               ‘‘representative’’ in NASD Rule 1031
                                                                                                            2 17 CFR 240.19b–4.
                                                  list.                                                                                                          (Registration Requirements) is required
                                                                                                            3 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                 to register with FINRA as a Securities
                                                  DATES: Effective date: October 23, 2015.                  4 FINRA also is establishing the Series 57
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  FOR FURTHER INFORMATION CONTACT:                        question bank. FINRA is submitting this filing for        5 The Commission notes that the content outline
                                                                                                          immediate effectiveness pursuant to Section
                                                  Keith Nusbaum, 202–268–6687.                            19(b)(3)(A) of the Act and Rule 19b–4(f)(6)            is attached to the filing, not to this Notice.
                                                                                                                                                                    6 17 CFR 240.24b–2.
                                                  SUPPLEMENTARY INFORMATION: On                           thereunder, and is not filing the question bank. See
                                                                                                                                                                    7 15 U.S.C. 78o–3(g)(3).
                                                  October 16, 2015, the United States                     Letter to Alden S. Adkins, Senior Vice President
                                                                                                          and General Counsel, NASD Regulation, from                8 See Securities Exchange Act Release No. 75783
                                                  Postal Service® filed with the Postal                   Belinda Blaine, Associate Director, Division of        (August 28, 2015), 80 FR 53369 (September 3, 2015)
                                                  Regulatory Commission a Request of the                  Market Regulation, SEC, dated July 24, 2000. The       (Order Approving File No. SR–FINRA–2015–017)
                                                  United States Postal Service to remove                  question bank is available for SEC review.             (‘‘Approval Order’’).



                                             VerDate Sep<11>2014   18:05 Oct 22, 2015   Jkt 238001   PO 00000   Frm 00072   Fmt 4703   Sfmt 4703   E:\FR\FM\23OCN1.SGM   23OCN1


                                                                                Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Notices                                                    64457

                                                  Trader if, with respect to transactions in              activities specified in NASD Rule                     such task, Task 4.2, relates to creating,
                                                  equity (including equity options),                      1032(f), unless the person is separately              retaining, and reporting required
                                                  preferred or convertible debt securities                qualified and registered in another                   records of orders and transactions.13
                                                  effected otherwise than on a securities                 appropriate principal registration                    Further, the content outline lists the
                                                  exchange, such person is engaged in                     category, such as the General Securities              knowledge required to perform each
                                                  proprietary trading, the execution of                   Principal registration category.                      function and associated tasks (e.g., in
                                                  transactions on an agency basis or the                     FINRA is expecting the national                    connection with Task 4.2, large trader
                                                  direct supervision of such activities.9 In              securities exchanges to file similar                  ID and related reporting and monitoring
                                                  addition, NASD Rule 1032(f) provides                    proposed rule changes to replace the                  requirements and order execution/
                                                  that in order to register as a Securities               Proprietary Trader qualification                      routing information).14 In addition,
                                                  Trader, an applicant must pass the                      examination (Series 56) with the Series               where applicable, the content outline
                                                  Series 57 examination. The Series 57                    57 examination in their respective                    lists the laws, rules and regulations a
                                                  examination will qualify an associated                  registration rules relating to securities             candidate is expected to know to
                                                  person to function as a Securities                      trading activities. Further, the Series 57            perform each function and associated
                                                  Trader. There is no prerequisite                        examination will replace the Series 56                tasks.15 These include applicable
                                                  registration requirement for Securities                 examination for those exchange                        federal securities laws, as well as FINRA
                                                  Trader registration. An associated                      registration categories, such as the                  and other self-regulatory organization
                                                  person registered as a Securities Trader                Proprietary Trader Principal registration             rules and regulations. FINRA conducted
                                                  will not be qualified to function in any                category, where the Series 56                         a job analysis study of Securities
                                                  other registered capacity, unless he or                 examination is currently an acceptable                Traders, which included the use of a
                                                  she is qualified and registered in that                 prerequisite.                                         survey, in developing each function and
                                                  other registration category.10 For                         FINRA developed the Series 57                      associated tasks and the required
                                                  instance, a person registered as a                      examination in consultation with a                    knowledge set forth in the content
                                                  Securities Trader will not be able to                   committee of industry representatives                 outline. The functions and associated
                                                  engage in any retail or institutional sales             and representatives of several                        tasks reflect the day-to-day activities of
                                                  activities, unless he or she is qualified               exchanges. The examination is based on                a Securities Trader. The Series 57
                                                  and registered in the appropriate                       the current job functions of a Securities             selection specifications and question
                                                  registration category, such as a General                Trader and includes elements of the                   bank cover the topics in the content
                                                  Securities Representative.                              Series 55 and 56 examinations. The                    outline.
                                                     In addition, the Commission                          Series 57 content outline covers the                     The content outline also includes
                                                  approved amendments to NASD Rule                        laws, rules and regulations relevant to               sample questions 16 and reference
                                                  1022(a) (General Securities Principal) to               securities trading as well as the                     materials.17 In the preface, the content
                                                  establish a Securities Trader Principal                 functions and associated tasks                        outline includes, among other things: (1)
                                                  registration category and require each                  performed by a Securities Trader.                     A table of contents; (2) details regarding
                                                  associated person of a member who is                                                                          the purpose of the examination; (3)
                                                  included within the definition of                       Series 57 Content Outline                             eligibility requirements; (4) the
                                                  ‘‘principal’’ in NASD Rule 1021                           The Series 57 content outline is                    application procedures; (5) information
                                                  (Registration Requirements) with                        divided into four major job functions                 regarding the structure of the
                                                  supervisory responsibility over the                     that are performed by a Securities                    examination; (6) details regarding the
                                                  securities trading activities described in              Trader. The following are the four major              development and maintenance of the
                                                  NASD Rule 1032(f), to qualify and                       job functions, denoted Function 1                     content outline and examination; (7)
                                                  register as a Securities Trader                         through 4, with the associated number                 information regarding the
                                                  Principal.11 To qualify for registration as             of questions:                                         administration of the examination; (8)
                                                  a Securities Trader Principal, an                         Function 1: Market Overview and                     an explanation that the passing score is
                                                  associated person must be registered as                 Products, 22 questions;                               determined by FINRA based on a
                                                  a Securities Trader and pass the General                  Function 2: Engaging in Professional                number of factors including industry
                                                  Securities Principal qualification                      Conduct and Adhering to Regulatory                    trends, historical exam performance and
                                                  examination (Series 24). An associated                  Requirements, 12 questions;                           evaluations of the content difficulty by
                                                  person registered as a Securities Trader                  Function 3: Trading Activities, 79                  a committee of industry professionals,
                                                  Principal will not be eligible to register              questions; and                                        using a standard setting procedure, and
                                                  as a General Securities Principal unless                  Function 4: Maintaining Books and                   that a statistical adjustment process
                                                  the person passes the appropriate                       Records and Trade Reporting, 12                       known as equating is used in scoring
                                                  prerequisite examination for General                    questions.                                            examinations; and (9) an explanation
                                                  Securities Principal registration, such as                The number of questions assigned to                 that each candidate will receive a score
                                                  the Series 7 examination. In this regard,               each major job function reflects the key              report at the end of the test session,
                                                  NASD Rule 1022(a) provides that a                       tasks performed by a Securities Trader.               which will indicate a pass or fail status
                                                  person qualified and registered as a                      Each function also includes specific                and include a score profile listing the
                                                  Securities Trader Principal may only                    tasks describing activities associated                candidate’s performance on each major
                                                  have supervisory responsibility over the                with performing that function. There are              content area covered on the
                                                                                                          three tasks (1.1–1.3) associated with                 examination.18
                                                     9 There is an exception from the Securities Trader   Function 1; two tasks (2.1–2.2)                          The number of questions on the Series
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                                                  registration requirement for any associated person      associated with Function 2; three tasks               57 examination will be 125 scored
                                                  of a member whose trading activities are conducted      (3.1–3.3) associated with Function 3;
                                                  principally on behalf of an investment company
                                                  that is registered with the SEC pursuant to the         and two tasks (4.1–4.2) associated with                 13 See Exhibit 3a, Outline Page 13.
                                                  Investment Company Act of 1940 and that controls,       Function 4.12 By way of example, one                    14 See Exhibit 3a, Outline Page 13.
                                                                                                                                                                  15 See Exhibit 3a, Outline Pages 14–36.
                                                  is controlled by, or is under common control with
                                                  the member.                                               12 See Exhibit 3a, Outline Pages 6–13. The            16 See Exhibit 3a, Outline Page 37.
                                                     10 See NASD Rule 1032(f).                                                                                    17 See Exhibit 3a, Outline Page 38.
                                                                                                          Commission notes that all references to Exhibit 3a
                                                     11 See Approval Order, supra note 8.                 refer to Exhibit 3a to the proposed rule change.        18 See Exhibit 3a, Outline Pages 2–5.




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                                                  64458                         Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Notices

                                                  multiple-choice questions,19 and                        and associated tasks currently                        All submissions should refer to File
                                                  candidates will have three hours and 45                 performed by associated persons                       Number SR–FINRA–2015–042. This file
                                                  minutes to complete the examination.                    engaged in securities trading and tests               number should be included on the
                                                  The passing score will be 70 percent.                   knowledge of the laws, rules,                         subject line if email is used. To help the
                                                                                                          regulations and skills relevant to those              Commission process and review your
                                                  Availability of Content Outline
                                                                                                          functions and associated tasks.                       comments more efficiently, please use
                                                    The Series 57 content outline is                                                                            only one method. The Commission will
                                                  available on FINRA’s Web site, at http://               C. Self-Regulatory Organization’s                     post all comments on the Commission’s
                                                  www.finra.org/industry/qualification-                   Statement on Comments on the                          Internet Web site (http://www.sec.gov/
                                                  exams.                                                  Proposed Rule Change Received From                    rules/sro.shtml). Copies of the
                                                    FINRA is filing the proposed rule                     Members, Participants, or Others                      submission, all subsequent
                                                  change for immediate effectiveness.                       Written comments were neither                       amendments, all written statements
                                                  FINRA proposes to implement the                         solicited nor received.                               with respect to the proposed rule
                                                  Series 57 examination on January 4,                                                                           change that are filed with the
                                                  2016. FINRA will announce the                           III. Date of Effectiveness of the                     Commission, and all written
                                                  proposed rule change and the                            Proposed Rule Change and Timing for                   communications relating to the
                                                  implementation date in a Regulatory                     Commission Action                                     proposed rule change between the
                                                  Notice.                                                    Because the foregoing proposed rule                Commission and any person, other than
                                                  2. Statutory Basis                                      change does not: (i) Significantly affect             those that may be withheld from the
                                                                                                          the protection of investors or the public             public in accordance with the
                                                     FINRA believes that the proposed rule                                                                      provisions of 5 U.S.C. 552, will be
                                                                                                          interest; (ii) impose any significant
                                                  change is consistent with the provisions                                                                      available for Web site viewing and
                                                                                                          burden on competition; and (iii) become
                                                  of Section 15A(b)(6) of the Act,20 which                                                                      printing in the Commission’s Public
                                                                                                          operative for 30 days from the date on
                                                  requires, among other things, that                                                                            Reference Room, 100 F Street NE.,
                                                                                                          which it was filed, or such shorter time
                                                  FINRA rules must be designed to                                                                               Washington, DC 20549, on official
                                                                                                          as the Commission may designate, it has
                                                  prevent fraudulent and manipulative                                                                           business days between the hours of 10
                                                                                                          become effective pursuant to Section
                                                  acts and practices, to promote just and                                                                       a.m. and 3 p.m. Copies of such filing
                                                                                                          19(b)(3)(A) of the Act 22 and Rule 19b–
                                                  equitable principles of trade, and, in                                                                        also will be available for inspection and
                                                  general, to protect investors and the                   4(f)(6) thereunder.23
                                                                                                             At any time within 60 days of the                  copying at the principal office of
                                                  public interest, and Section 15A(g)(3) of                                                                     FINRA. All comments received will be
                                                  the Act,21 which authorizes FINRA to                    filing of the proposed rule change, the
                                                                                                          Commission summarily may                              posted without change; the Commission
                                                  prescribe standards of training,                                                                              does not edit personal identifying
                                                  experience, and competence for persons                  temporarily suspend such rule change if
                                                                                                          it appears to the Commission that such                information from submissions. You
                                                  associated with FINRA members.                                                                                should submit only information that
                                                  FINRA believes that the proposed rule                   action is necessary or appropriate in the
                                                                                                          public interest, for the protection of                you wish to make available publicly. All
                                                  change furthers these purposes by                                                                             submissions should refer to File
                                                  establishing the qualification                          investors, or otherwise in furtherance of
                                                                                                                                                                Number SR–FINRA–2015–042 and
                                                  examination that individuals, including                 the purposes of the Act. If the
                                                                                                                                                                should be submitted on or before
                                                  associated persons of FINRA members,                    Commission takes such action, the
                                                                                                                                                                November 13, 2015.
                                                  must pass to register and function as                   Commission shall institute proceedings
                                                                                                          to determine whether the proposed rule                  For the Commission, by the Division of
                                                  Securities Traders and Securities Trader                                                                      Trading and Markets, pursuant to delegated
                                                  Principals. The examination is intended                 should be approved or disapproved.
                                                                                                                                                                authority.24
                                                  to safeguard the investing public by                    IV. Solicitation of Comments                          Robert W. Errett,
                                                  helping to ensure that individuals                                                                            Deputy Secretary.
                                                  registering as Securities Traders, as well                Interested persons are invited to
                                                                                                          submit written data, views and                        [FR Doc. 2015–26912 Filed 10–22–15; 8:45 am]
                                                  as those responsible for the supervision
                                                  of securities trading activities, are                   arguments concerning the foregoing,                   BILLING CODE 8011–01–P

                                                  competent to perform their job                          including whether the proposed rule
                                                  functions.                                              change is consistent with the Act.
                                                                                                          Comments may be submitted by any of                   SECURITIES AND EXCHANGE
                                                  B. Self-Regulatory Organization’s                       the following methods:                                COMMISSION
                                                  Statement on Burden on Competition                                                                            [Release No. 34–76190; File No. SR–FINRA–
                                                                                                          Electronic Comments
                                                    FINRA does not believe that the                                                                             2015–039]
                                                  proposed rule change will result in any                   • Use the Commission’s Internet
                                                  burden on competition that is not                       comment form (http://www.sec.gov/                     Self-Regulatory Organizations;
                                                  necessary or appropriate in furtherance                 rules/sro.shtml); or                                  Financial Industry Regulatory
                                                  of the purposes of the Act. The new                       • Send an email to rule-comments@                   Authority, Inc.; Notice of Filing and
                                                  examination aligns with the functions                   sec.gov. Please include File Number SR–               Immediate Effectiveness of a Proposed
                                                                                                          FINRA–2015–042 on the subject line.                   Rule Change Relating to the Series 28
                                                     19 Consistent with FINRA’s practice of including                                                           Examination Program
                                                  ‘‘pretest’’ items on qualification examinations,        Paper Comments
                                                  which is designed to ensure that new examination
                                                                                                                                                                October 19, 2015.
                                                                                                            • Send paper comments in triplicate
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                                                  items meet acceptable testing standards prior to use                                                            Pursuant to Section 19(b)(1) of the
                                                  for scoring purposes, the examination includes 10       to Robert W. Errett, Deputy Secretary,                Securities Exchange Act of 1934 (‘‘Act’’
                                                  additional, unidentified pretest items that do not      Securities and Exchange Commission,                   or ‘‘SEA’’) 1 and Rule 19b–4
                                                  contribute towards the candidate’s score. Therefore,    100 F Street NE., Washington, DC
                                                  the examination actually consists of 135 items, 125                                                           thereunder,2 notice is hereby given that
                                                  of which are scored. The 10 pretest items are
                                                                                                          20549–1090.
                                                  randomly distributed throughout the examination.                                                                24 17 CFR 200.30–3(a)(12).
                                                     20 15 U.S.C. 78o–3(b)(6).                              22 15 U.S.C. 78s(b)(3)(A).                            1 15 U.S.C. 78s(b)(1).
                                                     21 15 U.S.C. 78o–3(g)(3).                              23 17 CFR 240.19b–4(f)(6).                            2 17 CFR 240.19b–4.




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Document Created: 2015-12-14 15:32:17
Document Modified: 2015-12-14 15:32:17
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 64456 

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