80_FR_66280 80 FR 66072 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Revisions to the Registered Options Principal Examination

80 FR 66072 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Revisions to the Registered Options Principal Examination

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 208 (October 28, 2015)

Page Range66072-66074
FR Document2015-27355

Federal Register, Volume 80 Issue 208 (Wednesday, October 28, 2015)
[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Notices]
[Pages 66072-66074]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27355]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76235; File No. SR-CBOE-2015-095]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change Relating to Revisions to the Registered Options 
Principal Examination

October 22, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on October 16, 2015, Chicago Board Options Exchange, Incorporated 
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (the ``Commission'') the proposed rule change as described 
in Items I, II, and III below, which Items have been prepared by the 
CBOE. CBOE has designated the proposed rule change as ``constituting a 
stated policy, practice, or interpretation with respect to the meaning, 
administration, or enforcement of an existing rule'' under Section 
19(b)(3)(A)(i) of the Act \3\ and Rule19b-4(f)(1) thereunder,\4\ 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\ 15 U.S.C. 78s(b)(3)(A)(i).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    CBOE is filing revisions to the content outline and selection 
specifications for the Registered Options Principal (Series 4) 
examination program.\5\ The proposed revisions update the material to 
reflect changes to the laws, rules and regulations covered by the 
examination and to incorporate the functions and associated tasks 
currently performed by a Registered Options Principal. In addition, 
CBOE is proposing to make changes to the format of the content outline. 
CBOE is not proposing any textual changes to the By-Laws, Schedules to 
the By-Laws or Rules of CBOE. CBOE is proposing these revisions to 
adopt the revised Series 4 examination program of the Financial 
Industry Regulatory Authority, Inc. (``FINRA''). FINRA currently 
administers Series 4 examinations on behalf of CBOE.
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    \5\ CBOE is also proposing corresponding revisions to the Series 
4 question bank. CBOE is submitting this filing for immediate 
effectiveness pursuant to Section 19(b)(3)(A) of the act and Rule 
19b-4(f)(1) thereunder.
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    The revised content outline is attached.\6\ The Series 4 selection 
specifications were submitted to the Commission under separate cover by 
FINRA. FINRA submitted the Series 4 selection specifications in 
connection with a FINRA filing to revise its Series 4 Examination 
Program.\7\ CBOE is in agreement with the selection specifications 
submitted by FINRA.
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    \6\ The Commission notes that the revised content outline is 
attached to the filing, not to this Notice. The content outline is 
available as part of the filing on CBOE's Web site.
    \7\ See Securities Exchange Act Release No. 75246 (June 18, 
2015), 80 FR 36388 (June 24, 2015) (SR-FINRA-2015-018).
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    The text of the [sic] proposed rule change is available on the 
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Section 6(c)(3) of the Act \8\ authorizes CBOE to prescribe 
standards of training, experience, and competence for persons 
associated with CBOE Trading Permit Holders (``TPH''). In accordance 
with that provision, CBOE has developed examinations that are designed 
to establish that persons associated with CBOE TPHs have attained 
specified levels of competence and knowledge, consistent with 
applicable registration requirements under CBOE rules. CBOE 
periodically reviews the content of the examinations to determine 
whether revisions are necessary or appropriate in view of changes 
pertaining to the subject matter covered by the examinations.
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    \8\ 15 U.S.C. 78f(c)(3).
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    CBOE Rule 9.2 states that no TPH organization shall be approved to 
transact options business with the public until those persons 
associated with it who are designated as Options Principals have been 
approved by and registered with the Exchange. Rule 9.2 states that 
persons engaged in the supervision of options sales practices or a 
person to who the designated general partner or executive officer or 
another Registered Options Principal delegates the authority to 
supervise options sales practices shall be designated as Options 
Principals. CBOE Rule 9.2 further requires successful completion of an 
examination prescribed by the Exchange in order to qualify for 
registration as an Options Principal. The Series 4 examination, an 
industry-wide examination, has been designed for this purpose, and 
tests a candidate's knowledge of options trading generally, the 
industry rules applicable to trading of option contracts, and the rules 
of registered clearing agencies for options. The Series 4 examination 
covers, among other things, equity options, foreign currency options, 
and index options.
    In consultation with a committee of industry representatives, 
including representatives from CBOE, FINRA recently undertook a review 
of the Series 4 examination program. As a result of this review, FINRA 
filed revisions to the content outline to reflect changes to the laws, 
rules and regulations covered by the examination and to incorporate the 
functions and associated tasks currently performed by a Registered 
Options Principal. FINRA also made changes to the format of the content 
outline.\9\ CBOE is filing these changes to adopt FINRA's revised 
Series 4 examination program.
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    \9\ See Securities Exchange Act Release No. 75246 (June 18, 
2015), 80 FR 36388 (June 24, 2015) (SR-FINRA-2015-018).
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Current Content Outline
    The current content outline is divided into three sections. The 
following are the three sections and the number of questions associated 
with each of the

[[Page 66073]]

sections, denoted Section 1 through Section 3:
    1. Options Investment Strategies, 34 questions;
    2. Supervision of Sales Activities and Trading Practices, 75 
questions; and
    3. Supervision of Employees, Business Conduct, and Recordkeeping 
and Reporting Requirements, 16 questions.
    Each section also includes the applicable laws, rules and 
regulations associated with that section. The current content outline 
also includes a preface (addressing, among other things, the purpose, 
administration and scoring of the examination), sample questions and 
reference materials.
Proposed Revisions
    CBOE is proposing to divide the content outline into six major job 
functions that are performed by a Registered Options Principal. The 
following are the six major job functions, denoted Function 1 through 
Function 6, with the associated number of questions:
    Function 1: Supervise the Opening of New Options Accounts, 21 
questions;
    Function 2: Supervise Options Account Activities, 25 questions;
    Function 3: Supervise General Options Trading, 30 questions;
    Function 4: Supervise Options Communications, 9 questions;
    Function 5: Implement Practices and Adhere to Regulatory 
Requirements, 12 questions; and
    Function 6: Supervise Associated Persons and Personnel Management 
Activities, 28 questions.
    CBOE is proposing to adjust the number of questions assigned to 
each major job function to ensure that the overall examination better 
reflects the key tasks performed by a Registered Options Principal. The 
questions on the revised Series 4 examination will place greater 
emphasis on key tasks such as supervision of registered persons, sales 
practices and compliance.
    Each function also includes specific tasks describing activities 
associated with performing that function. There are four tasks (1.1-
1.4) associated with Function 1; four tasks (2.1-2.4) associated with 
Function 2; four tasks (3.1-3.4) associated with Function 3; four tasks 
(4.1-4.4) associated with Function 4; two tasks (5.1-5.2) associated 
with Function 5; and four tasks (6.1-6.4) associated with Function 
6.\10\ By way of example, one such task (Task 4.2) is review options 
retail communications and determine appropriate approval.\11\ Further, 
the content outline lists the knowledge required to perform each 
function and associated tasks (e.g., types of retail communications, 
required approvals).\12\ 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. These include 
the applicable FINRA Rules (e.g. FINRA Rule 2220), NASD Rules (e.g., 
NASD Rule 2711(i)), CBOE Rules (e.g., CBOE Rule 9.21) and SEC rules 
(e.g., SEA Rule 135a).\13\ FINRA conducted a job analysis study of 
Registered Options Principals, which included the use of a survey, in 
developing each function and associated tasks and updating the required 
knowledge set forth in the revised content outline. The functions and 
associated tasks, which appear in the revised content outline for the 
first time, reflect the day-to-day activities of a Registered Options 
Principal.
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    \10\ See Exhibit 3, Outline Pages 6-22. The Commission notes 
that Exhibit 3 is an exhibit to the filing, not to this Notice.
    \11\ See Exhibit 3, Outline Page 15.
    \12\ See Exhibit 3, Outline Page 15.
    \13\ See Exhibit 3, Outline Page 15.
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    As noted above, CBOE also is proposing to revise the content 
outline to reflect changes to the laws, rules and regulations covered 
by the examination. Among other revisions, CBOE is proposing to revise 
the content outline to reflect the adoption of rules in the CBOE 
rulebook (for example CBOE Rule 3.6 (Persons Associated with TPH 
Organizations; CBOE Rule 4.24 (Supervision); CBOE Rule 6.25 
(Nullification and Adjustment of Options Transactions including Obvious 
Errors) and CBOE Rule 12.4 (Portfolio Margin)
    CBOE is proposing similar changes to the Series 4 selection 
specifications and question bank.
    Finally, CBOE is proposing to make changes to the format of the 
content outline, including the preface, sample questions and reference 
materials. Among other changes, CBOE is proposing to: (1) Add a table 
of contents; \14\ (2) provide more details regarding the purpose of the 
examination; \15\ (3) provide more details on the application 
procedures; \16\ (4) provide more details on the development and 
maintenance of the content outline and examination; \17\ (5) explain 
that the passing scores are established by FINRA staff, in consultation 
with a committee of industry representatives, using a standard setting 
procedure, and that a statistical adjustment process known as equating 
is used in scoring exams; \18\ and (6) note 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.\19\
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    \14\ See Exhibit 3, Outline Page 2.
    \15\ See Exhibit 3, Outline Page 3.
    \16\ See Exhibit 3, Outline Page 3.
    \17\ See Exhibit 3, Outline Page 4.
    \18\ See Exhibit 3, Outline Page 5.
    \19\ See Exhibit 3, Outline Page 5.
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    The number of questions on the Series 4 examination will remain at 
125 multiple-choice questions,\20\ and candidates will have 195 minutes 
to complete the examination. The test time will change from 180 minutes 
to 195 minutes because pretest items increased from 5 items to 10 
items. Currently, a score of 70 percent is required to pass the 
examination. The passing score will change to 72 percent with the 
revised Series 4 examination program.
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    \20\ Consistent with FINRA's practice of including ``pretest'' 
items on certain 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 revised Series 4 content outline is available on FINRA's Web 
site, at www.finra.org/brokerqualifications/exams.
    CBOE is filing the proposed rule change for immediate 
effectiveness. CBOE will announce the proposed rule change in a 
Regulatory Circular.
2. Statutory Basis
    CBOE believes that the proposed revisions to the Series 4 
examination program are consistent with the provisions of Section 
6(b)(5) of the Act,\21\ which requires, among other things, that CBOE 
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 
6(c)(3) of the Act,\22\ which authorizes CBOE to prescribe standards of 
training, experience, and competence for persons associated with CBOE 
TPHs. CBOE believes that the proposed revisions will further these 
purposes by updating the examination program to reflect changes to the 
laws, rules and regulations covered by the examination and to 
incorporate the functions and

[[Page 66074]]

associated tasks currently performed by a Registered Options Principal.
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    \21\ 15 U.S.C. 78f(b)(5).
    \22\ 15 U.S.C. 78f(c)(3).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE 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 updated examination aligns 
with the functions and associated tasks currently performed by a 
Registered Options Principal and tests knowledge of the most current 
laws, rules, regulations and skills relevant to those functions and 
associated tasks. As such, the proposed revisions would make the 
examination more efficient and effective.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \23\ and paragraph (f)(1) of Rule 19b-4 
thereunder.\24\ 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 will institute 
proceedings to determine whether the proposed rule change should be 
approved or disapproved.
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    \23\ 15 U.S.C. 78s(b)(3)(A).
    \24\ 17 CFR 240.19b-4(f)(1).
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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-CBOE-2015-095 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2015-095. 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 the filing also will be available for 
inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CBOE-2015-095 and should be 
submitted on or before November 18, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\25\
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    \25\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
 [FR Doc. 2015-27355 Filed 10-27-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  66072                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                    For the Commission, by the Division of                and to incorporate the functions and                     that provision, CBOE has developed
                                                  Trading and Markets, pursuant to delegated              associated tasks currently performed by                  examinations that are designed to
                                                  authority.16                                            a Registered Options Principal. In                       establish that persons associated with
                                                  Brent J. Fields,                                        addition, CBOE is proposing to make                      CBOE TPHs have attained specified
                                                  Secretary.                                              changes to the format of the content                     levels of competence and knowledge,
                                                  [FR Doc. 2015–27351 Filed 10–27–15; 8:45 am]            outline. CBOE is not proposing any                       consistent with applicable registration
                                                  BILLING CODE 8011–01–P                                  textual changes to the By-Laws,                          requirements under CBOE rules. CBOE
                                                                                                          Schedules to the By-Laws or Rules of                     periodically reviews the content of the
                                                                                                          CBOE. CBOE is proposing these                            examinations to determine whether
                                                  SECURITIES AND EXCHANGE                                 revisions to adopt the revised Series 4                  revisions are necessary or appropriate in
                                                  COMMISSION                                              examination program of the Financial                     view of changes pertaining to the
                                                                                                          Industry Regulatory Authority, Inc.                      subject matter covered by the
                                                  [Release No. 34–76235; File No. SR–CBOE–
                                                  2015–095]                                               (‘‘FINRA’’). FINRA currently                             examinations.
                                                                                                          administers Series 4 examinations on                        CBOE Rule 9.2 states that no TPH
                                                  Self-Regulatory Organizations;                          behalf of CBOE.                                          organization shall be approved to
                                                  Chicago Board Options Exchange,                            The revised content outline is                        transact options business with the
                                                  Incorporated; Notice of Filing and                      attached.6 The Series 4 selection                        public until those persons associated
                                                  Immediate Effectiveness of a Proposed                   specifications were submitted to the                     with it who are designated as Options
                                                  Rule Change Relating to Revisions to                    Commission under separate cover by                       Principals have been approved by and
                                                  the Registered Options Principal                        FINRA. FINRA submitted the Series 4
                                                                                                                                                                   registered with the Exchange. Rule 9.2
                                                  Examination                                             selection specifications in connection
                                                                                                                                                                   states that persons engaged in the
                                                                                                          with a FINRA filing to revise its Series
                                                                                                                                                                   supervision of options sales practices or
                                                  October 22, 2015.                                       4 Examination Program.7 CBOE is in
                                                                                                                                                                   a person to who the designated general
                                                     Pursuant to Section 19(b)(1) of the                  agreement with the selection
                                                                                                                                                                   partner or executive officer or another
                                                  Securities Exchange Act of 1934 (the                    specifications submitted by FINRA.
                                                                                                             The text of the [sic] proposed rule                   Registered Options Principal delegates
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                          change is available on the Exchange’s                    the authority to supervise options sales
                                                  notice is hereby given that on October
                                                                                                          Web site (http://www.cboe.com/                           practices shall be designated as Options
                                                  16, 2015, Chicago Board Options
                                                                                                          AboutCBOE/                                               Principals. CBOE Rule 9.2 further
                                                  Exchange, Incorporated (the ‘‘Exchange’’
                                                                                                          CBOELegalRegulatoryHome.aspx), at                        requires successful completion of an
                                                  or ‘‘CBOE’’) filed with the Securities
                                                                                                          the Exchange’s Office of the Secretary,                  examination prescribed by the Exchange
                                                  and Exchange Commission (the
                                                                                                          and at the Commission’s Public                           in order to qualify for registration as an
                                                  ‘‘Commission’’) the proposed rule
                                                                                                          Reference Room.                                          Options Principal. The Series 4
                                                  change as described in Items I, II, and
                                                                                                                                                                   examination, an industry-wide
                                                  III below, which Items have been                        II. Self-Regulatory Organization’s                       examination, has been designed for this
                                                  prepared by the CBOE. CBOE has                          Statement of the Purpose of, and                         purpose, and tests a candidate’s
                                                  designated the proposed rule change as                  Statutory Basis for, the Proposed Rule                   knowledge of options trading generally,
                                                  ‘‘constituting a stated policy, practice,               Change                                                   the industry rules applicable to trading
                                                  or interpretation with respect to the
                                                                                                             In its filing with the Commission, the                of option contracts, and the rules of
                                                  meaning, administration, or
                                                                                                          Exchange included statements                             registered clearing agencies for options.
                                                  enforcement of an existing rule’’ under
                                                                                                          concerning the purpose of and basis for                  The Series 4 examination covers, among
                                                  Section 19(b)(3)(A)(i) of the Act 3 and
                                                                                                          the proposed rule change and discussed                   other things, equity options, foreign
                                                  Rule19b–4(f)(1) thereunder,4 which
                                                                                                          any comments it received on the                          currency options, and index options.
                                                  renders the proposal effective upon
                                                                                                          proposed rule change. The text of these                     In consultation with a committee of
                                                  receipt of this filing by the Commission.
                                                                                                          statements may be examined at the                        industry representatives, including
                                                  The Commission is publishing this
                                                                                                          places specified in Item IV below. The                   representatives from CBOE, FINRA
                                                  notice to solicit comments on the
                                                                                                          Exchange has prepared summaries, set                     recently undertook a review of the
                                                  proposed rule change from interested
                                                                                                          forth in sections A, B, and C below, of                  Series 4 examination program. As a
                                                  persons.
                                                                                                          the most significant aspects of such                     result of this review, FINRA filed
                                                  I. Self-Regulatory Organization’s                       statements.                                              revisions to the content outline to reflect
                                                  Statement of the Terms of Substance of                                                                           changes to the laws, rules and
                                                                                                          A. Self-Regulatory Organization’s
                                                  the Proposed Rule Change                                                                                         regulations covered by the examination
                                                                                                          Statement of the Purpose of, and
                                                     CBOE is filing revisions to the content              Statutory Basis for, the Proposed Rule                   and to incorporate the functions and
                                                  outline and selection specifications for                Change                                                   associated tasks currently performed by
                                                  the Registered Options Principal (Series                                                                         a Registered Options Principal. FINRA
                                                  4) examination program.5 The proposed                   1. Purpose                                               also made changes to the format of the
                                                  revisions update the material to reflect                   Section 6(c)(3) of the Act 8 authorizes               content outline.9 CBOE is filing these
                                                  changes to the laws, rules and                          CBOE to prescribe standards of training,                 changes to adopt FINRA’s revised Series
                                                  regulations covered by the examination                  experience, and competence for persons                   4 examination program.
                                                                                                          associated with CBOE Trading Permit
                                                                                                                                                                   Current Content Outline
                                                    16 17  CFR 200.30–3(a)(12).                           Holders (‘‘TPH’’). In accordance with
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    1 15  U.S.C. 78s(b)(1).                                                                                          The current content outline is divided
                                                    2 17 CFR 240.19b–4.                                     6 The  Commission notes that the revised content       into three sections. The following are
                                                    3 15 U.S.C. 78s(b)(3)(A)(i).                          outline is attached to the filing, not to this Notice.   the three sections and the number of
                                                    4 17 CFR 240.19b–4(f)(1).                             The content outline is available as part of the filing
                                                    5 CBOE is also proposing corresponding revisions      on CBOE’s Web site.                                      questions associated with each of the
                                                                                                             7 See Securities Exchange Act Release No. 75246
                                                  to the Series 4 question bank. CBOE is submitting
                                                  this filing for immediate effectiveness pursuant to     (June 18, 2015), 80 FR 36388 (June 24, 2015) (SR–           9 See Securities Exchange Act Release No. 75246

                                                  Section 19(b)(3)(A) of the act and Rule 19b–4(f)(1)     FINRA–2015–018).                                         (June 18, 2015), 80 FR 36388 (June 24, 2015) (SR–
                                                  thereunder.                                                8 15 U.S.C. 78f(c)(3).                                FINRA–2015–018).



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                                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                                   66073

                                                  sections, denoted Section 1 through                     communications and determine                          standard setting procedure, and that a
                                                  Section 3:                                              appropriate approval.11 Further, the                  statistical adjustment process known as
                                                    1. Options Investment Strategies, 34                  content outline lists the knowledge                   equating is used in scoring exams; 18
                                                  questions;                                              required to perform each function and                 and (6) note that each candidate will
                                                    2. Supervision of Sales Activities and                associated tasks (e.g., types of retail               receive a score report at the end of the
                                                  Trading Practices, 75 questions; and                    communications, required approvals).12                test session, which will indicate a pass
                                                    3. Supervision of Employees,                          In addition, where applicable, the                    or fail status and include a score profile
                                                  Business Conduct, and Recordkeeping                     content outline lists the laws, rules and             listing the candidate’s performance on
                                                  and Reporting Requirements, 16                          regulations a candidate is expected to                each major content area covered on the
                                                  questions.                                              know to perform each function and                     examination.19
                                                    Each section also includes the                        associated tasks. These include the                      The number of questions on the Series
                                                  applicable laws, rules and regulations                  applicable FINRA Rules (e.g. FINRA                    4 examination will remain at 125
                                                  associated with that section. The current               Rule 2220), NASD Rules (e.g., NASD                    multiple-choice questions,20 and
                                                  content outline also includes a preface                 Rule 2711(i)), CBOE Rules (e.g., CBOE                 candidates will have 195 minutes to
                                                  (addressing, among other things, the                    Rule 9.21) and SEC rules (e.g., SEA Rule              complete the examination. The test time
                                                  purpose, administration and scoring of                  135a).13 FINRA conducted a job analysis               will change from 180 minutes to 195
                                                  the examination), sample questions and                  study of Registered Options Principals,               minutes because pretest items increased
                                                  reference materials.                                    which included the use of a survey, in                from 5 items to 10 items. Currently, a
                                                                                                          developing each function and associated               score of 70 percent is required to pass
                                                  Proposed Revisions
                                                                                                          tasks and updating the required                       the examination. The passing score will
                                                    CBOE is proposing to divide the                       knowledge set forth in the revised                    change to 72 percent with the revised
                                                  content outline into six major job                      content outline. The functions and                    Series 4 examination program.
                                                  functions that are performed by a                       associated tasks, which appear in the
                                                  Registered Options Principal. The                                                                             Availability of Content Outline
                                                                                                          revised content outline for the first time,
                                                  following are the six major job                         reflect the day-to-day activities of a                  The revised Series 4 content outline is
                                                  functions, denoted Function 1 through                   Registered Options Principal.                         available on FINRA’s Web site, at
                                                  Function 6, with the associated number                    As noted above, CBOE also is                        www.finra.org/brokerqualifications/
                                                  of questions:                                           proposing to revise the content outline               exams.
                                                    Function 1: Supervise the Opening of                  to reflect changes to the laws, rules and               CBOE is filing the proposed rule
                                                  New Options Accounts, 21 questions;                     regulations covered by the examination.               change for immediate effectiveness.
                                                    Function 2: Supervise Options                         Among other revisions, CBOE is                        CBOE will announce the proposed rule
                                                  Account Activities, 25 questions;                       proposing to revise the content outline               change in a Regulatory Circular.
                                                    Function 3: Supervise General                         to reflect the adoption of rules in the               2. Statutory Basis
                                                  Options Trading, 30 questions;                          CBOE rulebook (for example CBOE Rule
                                                    Function 4: Supervise Options                         3.6 (Persons Associated with TPH                         CBOE believes that the proposed
                                                  Communications, 9 questions;                            Organizations; CBOE Rule 4.24                         revisions to the Series 4 examination
                                                    Function 5: Implement Practices and                   (Supervision); CBOE Rule 6.25                         program are consistent with the
                                                  Adhere to Regulatory Requirements, 12                   (Nullification and Adjustment of                      provisions of Section 6(b)(5) of the
                                                  questions; and                                          Options Transactions including Obvious                Act,21 which requires, among other
                                                    Function 6: Supervise Associated                      Errors) and CBOE Rule 12.4 (Portfolio                 things, that CBOE rules must be
                                                  Persons and Personnel Management                        Margin)                                               designed to prevent fraudulent and
                                                  Activities, 28 questions.                                 CBOE is proposing similar changes to                manipulative acts and practices, to
                                                    CBOE is proposing to adjust the                       the Series 4 selection specifications and             promote just and equitable principles of
                                                  number of questions assigned to each                    question bank.                                        trade, and, in general, to protect
                                                  major job function to ensure that the                     Finally, CBOE is proposing to make                  investors and the public interest, and
                                                  overall examination better reflects the                 changes to the format of the content                  Section 6(c)(3) of the Act,22 which
                                                  key tasks performed by a Registered                     outline, including the preface, sample                authorizes CBOE to prescribe standards
                                                  Options Principal. The questions on the                 questions and reference materials.                    of training, experience, and competence
                                                  revised Series 4 examination will place                 Among other changes, CBOE is                          for persons associated with CBOE TPHs.
                                                  greater emphasis on key tasks such as                   proposing to: (1) Add a table of                      CBOE believes that the proposed
                                                  supervision of registered persons, sales                contents; 14 (2) provide more details                 revisions will further these purposes by
                                                  practices and compliance.                               regarding the purpose of the                          updating the examination program to
                                                    Each function also includes specific                  examination; 15 (3) provide more details              reflect changes to the laws, rules and
                                                  tasks describing activities associated                  on the application procedures; 16 (4)                 regulations covered by the examination
                                                  with performing that function. There are                provide more details on the                           and to incorporate the functions and
                                                  four tasks (1.1–1.4) associated with                    development and maintenance of the
                                                  Function 1; four tasks (2.1–2.4)                        content outline and examination; 17 (5)                 18 See  Exhibit 3, Outline Page 5.
                                                                                                                                                                  19 See  Exhibit 3, Outline Page 5.
                                                  associated with Function 2; four tasks                  explain that the passing scores are                      20 Consistent with FINRA’s practice of including
                                                  (3.1–3.4) associated with Function 3;                   established by FINRA staff, in                        ‘‘pretest’’ items on certain qualification
                                                  four tasks (4.1–4.4) associated with                    consultation with a committee of                      examinations, which is designed to ensure that new
                                                  Function 4; two tasks (5.1–5.2)                         industry representatives, using a                     examination items meet acceptable testing
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                                                  associated with Function 5; and four                                                                          standards prior to use for scoring purposes, the
                                                  tasks (6.1–6.4) associated with Function                  11 See                                              examination includes 10 additional, unidentified
                                                                                                                   Exhibit 3, Outline Page 15.
                                                                                                                                                                pretest items that do not contribute towards the
                                                  6.10 By way of example, one such task                     12 See Exhibit 3, Outline Page 15.                  candidate’s score. Therefore, the examination
                                                  (Task 4.2) is review options retail                       13 See Exhibit 3, Outline Page 15.
                                                                                                                                                                actually consists of 135 items, 125 of which are
                                                                                                            14 See Exhibit 3, Outline Page 2.
                                                                                                                                                                scored. The 10 pretest items are randomly
                                                     10 See Exhibit 3, Outline Pages 6–22. The              15 See Exhibit 3, Outline Page 3.                   distributed throughout the examination.
                                                                                                            16 See Exhibit 3, Outline Page 3.                      21 15 U.S.C. 78f(b)(5).
                                                  Commission notes that Exhibit 3 is an exhibit to the
                                                  filing, not to this Notice.                               17 See Exhibit 3, Outline Page 4.                      22 15 U.S.C. 78f(c)(3).




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                                                  66074                       Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  associated tasks currently performed by                   Paper Comments                                        Investment Company Act of 1940 (the
                                                  a Registered Options Principal.                             • Send paper comments in triplicate                 ‘‘Act’’) for an exemption from sections
                                                                                                            to Secretary, Securities and Exchange                 2(a)(32), 5(a)(1), 22(d), and 22(e) of the
                                                  B. Self-Regulatory Organization’s
                                                                                                            Commission, 100 F Street NE.,                         Act and rule 22c–1 under the Act, under
                                                  Statement on Burden on Competition
                                                                                                            Washington, DC 20549–1090.                            sections 6(c) and 17(b) of the Act for an
                                                     CBOE does not believe that the                                                                               exemption from sections 17(a)(1) and
                                                                                                            All submissions should refer to File
                                                  proposed rule change will result in any                                                                         17(a)(2) of the Act, and under section
                                                                                                            Number SR–CBOE–2015–095. This file
                                                  burden on competition that is not                                                                               12(d)(1)(J) for an exemption from
                                                                                                            number should be included on the
                                                  necessary or appropriate in furtherance                                                                         sections 12(d)(1)(A) and 12(d)(1)(B) of
                                                                                                            subject line if email is used. To help the
                                                  of the purposes of the Act. The updated                                                                         the Act.
                                                                                                            Commission process and review your
                                                  examination aligns with the functions
                                                                                                            comments more efficiently, please use
                                                  and associated tasks currently                                                                                  SUMMARY OF APPLICATION:     Applicants
                                                                                                            only one method. The Commission will
                                                  performed by a Registered Options                                                                               request an order that would permit (a)
                                                                                                            post all comments on the Commission’s
                                                  Principal and tests knowledge of the                                                                            series of certain open-end management
                                                                                                            Internet Web site (http://www.sec.gov/
                                                  most current laws, rules, regulations                     rules/sro.shtml). Copies of the                       investment companies to issue shares
                                                  and skills relevant to those functions                    submission, all subsequent                            (‘‘Shares’’) redeemable in large
                                                  and associated tasks. As such, the                        amendments, all written statements                    aggregations only (‘‘Creation Units’’); (b)
                                                  proposed revisions would make the                         with respect to the proposed rule                     secondary market transactions in Shares
                                                  examination more efficient and                            change that are filed with the                        to occur at negotiated market prices
                                                  effective.                                                Commission, and all written                           rather than at net asset value (‘‘NAV’’);
                                                  C. Self-Regulatory Organization’s                         communications relating to the                        (c) certain series to pay redemption
                                                  Statement on Comments on the                              proposed rule change between the                      proceeds, under certain circumstances,
                                                  Proposed Rule Change Received From                        Commission and any person, other than                 more than seven days after the tender of
                                                  Members, Participants, or Others                          those that may be withheld from the                   Shares for redemption; (d) certain
                                                                                                            public in accordance with the                         affiliated persons of the series to deposit
                                                    Written comments were neither                                                                                 securities into, and receive securities
                                                                                                            provisions of 5 U.S.C. 552, will be
                                                  solicited nor received.                                                                                         from, the series in connection with the
                                                                                                            available for Web site viewing and
                                                  III. Date of Effectiveness of the                         printing in the Commission’s Public                   purchase and redemption of Creation
                                                  Proposed Rule Change and Timing for                       Reference Room, 100 F Street NE.,                     Units; and (e) certain registered
                                                  Commission Action                                         Washington, DC 20549 on official                      management investment companies and
                                                                                                            business days between the hours of 10                 unit investment trusts (‘‘UITs’’) outside
                                                     The foregoing rule change has become                                                                         of the same group of investment
                                                  effective pursuant to Section 19(b)(3)(A)                 a.m. and 3 p.m. Copies of the filing also
                                                                                                            will be available for inspection and                  companies as the Underlying Funds
                                                  of the Act 23 and paragraph (f)(1) of Rule                                                                      (defined below) to acquire shares of the
                                                  19b–4 thereunder.24 At any time within                    copying at the principal office of the
                                                                                                            Exchange. All comments received will                  Underlying Funds.
                                                  60 days of the filing of the proposed rule
                                                  change, the Commission summarily may                      be posted without change; the                         APPLICANTS: Good Hill ETF Trust (the
                                                  temporarily suspend such rule change if                   Commission does not edit personal                     ‘‘Trust’’) and Good Hill Partners LP (the
                                                  it appears to the Commission that such                    identifying information from                          ‘‘Initial Adviser’’).
                                                  action is necessary or appropriate in the                 submissions. You should submit only                   FILING DATES: The application was filed
                                                  public interest, for the protection of                    information that you wish to make                     on June 30, 2015 and amended on
                                                  investors, or otherwise in furtherance of                 available publicly. All submissions                   October 16, 2015.
                                                  the purposes of the Act. If the                           should refer to File Number SR–CBOE–
                                                                                                            2015–095 and should be submitted on                   HEARING OR NOTIFICATION OF HEARING: An
                                                  Commission takes such action, the                                                                               order granting the application will be
                                                  Commission will institute proceedings                     or before November 18, 2015.
                                                                                                                                                                  issued unless the Commission orders a
                                                  to determine whether the proposed rule                      For the Commission, by the Division of              hearing. Interested persons may request
                                                  change should be approved or                              Trading and Markets, pursuant to delegated
                                                                                                            authority.25                                          a hearing by writing to the
                                                  disapproved.                                                                                                    Commission’s Secretary and serving
                                                                                                            Brent J. Fields,
                                                  IV. Solicitation of Comments                                                                                    applicants with a copy of the request,
                                                                                                            Secretary.
                                                                                                                                                                  personally or by mail. Hearing requests
                                                    Interested persons are invited to                       [FR Doc. 2015–27355 Filed 10–27–15; 8:45 am]
                                                                                                                                                                  should be received by the Commission
                                                  submit written data, views, and                           BILLING CODE 8011–01–P                                by 5:30 p.m. on November 16, 2015 and
                                                  arguments concerning the foregoing,                                                                             should be accompanied by proof of
                                                  including whether the proposed rule                                                                             service on the applicants, in the form of
                                                  change is consistent with the Act.                        SECURITIES AND EXCHANGE
                                                                                                                                                                  an affidavit or for lawyers, a certificate
                                                  Comments may be submitted by any of                       COMMISSION
                                                                                                                                                                  of service. Pursuant to rule 0–5 under
                                                  the following methods:                                    [Investment Company Act Release No.                   the Act, hearing requests should state
                                                  Electronic Comments                                       31878; File No. 812–14506]                            the nature of the writer’s interest, any
                                                                                                                                                                  facts bearing upon the desirability of a
                                                    • Use the Commission’s Internet                         Good Hill Partners LP and Good Hill                   hearing on the matter, the reason for the
                                                  comment form (http://www.sec.gov/                         ETF Trust; Notice of Application                      request, and the issues contested.
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                                                  rules/sro.shtml); or
                                                    • Send an email to rule-                                October 22, 2015.                                     Persons who wish to be notified of a
                                                  comments@sec.gov. Please include File                     AGENCY: Securities and Exchange                       hearing may request notification by
                                                  Number SR–CBOE–2015–095 on the                            Commission (‘‘Commission’’).                          writing to the Commission’s Secretary.
                                                  subject line.                                             ACTION: Notice of an application for an               ADDRESSES: Secretary, Securities and
                                                                                                            order under section 6(c) of the                       Exchange Commission, 100 F Street NE.,
                                                    23 15   U.S.C. 78s(b)(3)(A).                                                                                  Washington, DC 20549–1090;
                                                    24 17   CFR 240.19b–4(f)(1).                              25 17   CFR 200.30–3(a)(12).                        Applicants, Good Hill Partners LP, 1599


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Document Created: 2018-02-27 08:58:05
Document Modified: 2018-02-27 08:58:05
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 66072 

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