80_FR_77301 80 FR 77063 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Rule 2.23 To Establish the Securities Trader and Securities Trader Principal Registration Categories

80 FR 77063 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Rule 2.23 To Establish the Securities Trader and Securities Trader Principal Registration Categories

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 238 (December 11, 2015)

Page Range77063-77065
FR Document2015-31276

Federal Register, Volume 80 Issue 238 (Friday, December 11, 2015)
[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Notices]
[Pages 77063-77065]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31276]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76577; File No. SR-NYSEARCA-2015-116]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca 
Rule 2.23 To Establish the Securities Trader and Securities Trader 
Principal Registration Categories

December 8, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on November 24, 2015, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') 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 self-regulatory 
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Rule 2.23 to (1) prescribe 
the Securities Traders examination (Series 57) (the ``Series 57 
Examination'') as the qualifying examination for registered Market 
Makers, Market Maker Authorized Traders (``MMATs''), Floor Brokers and 
Securities Traders, (2) eliminate reference to the S501Program as a 
continuing education requirement, and (3) rename the category 
``Proprietary Trader'' as ``Securities Trader'' in Exchange rules 
without making any substantive change to the definition of such term. 
The proposed rule change is available on the Exchange's Web site at 
www.nyse.com, at the principal office of the Exchange, 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 self-regulatory organization 
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to amend NYSE Arca Rule 2.23 to prescribe the 
Series 57 Examination as the qualifying examination for registered 
Market Makers, MMATs, Floor Brokers and Securities Traders and 
eliminate reference to the S501 Program as a continuing education 
requirement.
    NYSE Arca Rule 2.23 currently specifies that the successful 
completion of the Proprietary Trader Qualification Examination 
(``Series 56 Examination'') is required in order to register as a 
Market Maker, a MMAT, or a Floor Broker.\4\ In addition, individuals 
currently engaged solely in proprietary trading, who are not required 
to register as Market Makers, MMATs or Floor Brokers, may qualify for 
registration by successful completion of the Series 56 Examination or 
the General Securities Representative Qualification Examination 
(``Series 7 Examination'').\5\
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    \4\ Under the current rule, Market Makers, MMATs and Floor 
Brokers are also required to successfully complete an orientation 
program for the prescribed examination.
    \5\ Currently, individuals engaged solely in proprietary trading 
can alternatively take the Series 7 Examination as a qualifying 
exam. After implementation of the Series 57 Examination, an 
individual engaged solely in proprietary trading will be required to 
take the Series 57 Examination as the Series 7 Examination would no 
longer serve as a qualifying exam to engage solely in proprietary 
trading.
---------------------------------------------------------------------------

    The Exchange proposes to change the prescribed examination for 
Market Makers, MMATs, and Floor Brokers from the Series 56 Examination 
to the Series 57 Examination and also proposes to replace the Series 56 
Examination with the Series 57 Examination for individuals engaged 
solely in proprietary trading. With this proposed rule change, Market 
Makers, MMATs, Floor Brokers and individuals engaged solely in 
proprietary trading will qualify for registration by passing the Series 
57 Examination.
    The Series 57 Examination is being developed by the Financial 
Industry Regulatory Authority, Inc. (``FINRA'') in consultation with 
industry and exchange representatives. The Series 57 Examination will 
be based on the current job functions of securities traders and will 
include elements of the Series 55 Equity Trader Qualification 
Examination (which is required to engage in over-the-counter securities 
trading) and the current Series 56 Registered Proprietary Traders 
Examination (which is required for associated persons engaged in 
proprietary trading).\6\ The Series 57 Examination will be based on 
industry rules applicable to trading of equity securities and listed 
options contracts. The Series 57 Examination will cover, among other 
things, recordkeeping and

[[Page 77064]]

recording requirements; types and characteristics of securities and 
investments; trading practices; and display, execution, and trading 
systems.\7\ As such, the Exchange believes that an applicant who has 
passed the Series 57 Examination is shown to be qualified to act in the 
capacity of a Market Maker, Floor Broker, MMAT or engage solely in 
proprietary trading on NYSE Arca.
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    \6\ While the Series 56 Examination is required for associated 
persons engaged in proprietary trading, Exchange rules do not 
require such individuals to work at a proprietary trading firm only. 
These individuals can work at any type of firm. However, they may 
only engage in proprietary trading at the firm where they are 
employed. For example, an individual engaged in proprietary trading 
at a full service firm, who is registered solely to engage in 
proprietary trading, may not act as a registered representative for 
that firm.
    \7\ See Securities Exchange Act Release No. 75783 (August 28, 
2015), 80 FR 53369 (September 3, 2015) (SR-FINRA-2015-017) (Order 
Approving a Proposed Rule Change to Establish the Securities Trader 
and Securities Trader Principal Registration Categories).
---------------------------------------------------------------------------

    While NYSE Arca will no longer be offering the Series 56 
Examination as a qualifying exam to new applicants, the Exchange will 
continue to recognize individuals who have passed that exam as having 
successfully completed a qualifying exam. Individuals who have taken 
the Series 56 Examination and have registered in Web CRD \8\ as 
proprietary traders will have their registration converted in Web CRD 
on January 4, 2016 to a securities trader. Additionally, individuals 
currently engaged solely in proprietary trading, who currently qualify 
for registration by passing the Series 7 Examination and have 
registered in Web CRD as Proprietary Traders will have their 
registration converted in Web CRD on January 4, 2016 to a Securities 
Trader without having to take any additional examinations and without 
having to take any other actions. Individuals presently registered as 
Market Makers, MMATs, Floor Brokers or those engaged solely in 
proprietary trading on NYSE Arca, who have previously passed a 
qualifying exam will not be required to take the Series 57 Examination 
as a condition of their continued registration. However, the 
registration of individuals who have taken the Series 56 Examination 
will not be converted to a Securities Trader if they have not 
registered as a Proprietary Trader in Web CRD by December 28, 2015. 
After that date, these individuals will be required to take the Series 
57 Examination in order to register as securities traders. In addition, 
individuals registered as proprietary traders in Web CRD prior to the 
effective date of the proposed rule change will be eligible to register 
as securities traders without having to take any additional 
examinations, provided that no more than two years have passed between 
the date the individual last registered as a proprietary trader and the 
date the individual registers as a securities trader.\9\
---------------------------------------------------------------------------

    \8\ Web CRD is the central licensing and registration system for 
the U.S. securities industry and its regulators.
    \9\ See Rule 2.23, Commentary .03.
---------------------------------------------------------------------------

    Under the proposed rule change, the Exchange would rename the 
category ``Proprietary Trader'' as ``Securities Trader'' in Rule 2.23 
without making any substantive change to the definition of such term. A 
Securities Trader, similar to what is currently required for a 
Proprietary Trader, would be required to register as such on Web CRD 
and pass the Series 57 Examination described above, but would not be 
permitted to function in an agency capacity or otherwise conduct a 
public business in securities. Additionally, Rule 2.23 requires that an 
individual associated with an Exchange member with supervisory 
responsibility over proprietary trading activities qualify and register 
as a Proprietary Trader Principal. Under the proposed rule change, the 
Exchange would replace references in Rule 2.23 to Proprietary Trader 
Principal with Securities Trader Principal.
    Further, registered persons are required under Rule 2.23(d) to 
comply with the Exchange's continuing education requirements. 
Specifically, under Rule 2.23(d)(1)(A), individuals engaged solely in 
proprietary trading are required to complete the S501 Program to 
fulfill the Regulatory Element of their continuing education 
requirement. With the transition to the Series 57 Examination, the S501 
Program will no longer be required; such individuals will instead be 
required to complete the S101 Program to fulfill the Regulatory Element 
of their continuing education requirement.
    The Exchange notes that in order to qualify as a Proprietary Trader 
Principal, an associated person currently must pass the Series 56 
Examination or the Series 7 Examination, and the Series 24 Examination. 
Once the Exchange has adopted the Series 57 Examination as the 
qualifying exam for a Securities Trader, associated persons would need 
to pass the Series 57 Examination and the Series 24 Examination in 
order to register as a Securities Trader Principal. Only those 
individuals who are registered as such would be qualified to supervise 
a Securities Trader. Individuals registered as a General Securities 
Principal would not be qualified to supervise a Securities Trader. 
Thus, a General Securities Principal may not supervise a Securities 
Trader, nor would a Securities Trader Principal be able to act as a 
General Securities Principal, unless the individual is registered as a 
Securities Trader Principal and a General Securities Principal.
    Within 30 days of filing the proposed rule change, the Exchange 
will issue a Regulatory Bulletin announcing the operative date of the 
rule change, which will not be sooner than January 4, 2016.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Securities Exchange Act of 1934 (``Act''),\10\ in general, 
and furthers the objectives of Section 6(c)(3)(B) \11\ of the Act, 
pursuant to which a national securities exchange prescribes standards 
of training, experience and competence for members and their associated 
persons, and Section 6(b)(5) \12\ of the Act, in particular, in that it 
is designed, among other things, to promote just and equitable 
principles of trade, to remove impediments to, and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. The Exchange 
believes that prescribing the Series 57 Examination for Market Makers, 
MMATs, Floor Brokers and for individuals engaged solely in proprietary 
trading is appropriate because the Series 57 Examination addresses 
industry topics that establish the foundation for the regulatory and 
procedural knowledge necessary for individuals required to register as 
Market Makers, MMATs, Floor Brokers and for such individuals to 
appropriately register under Exchange rules. In addition, the Series 57 
Examination is expected to be shared by other exchanges and become the 
industry standard.\13\ Accordingly, adopting the Series 57 Examination 
will help to promote consistency in examination requirements and 
uniformity across markets.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(c)(3)(B).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ See supra, note 7.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed rule change does 
not impose any additional examination burdens on persons who are 
already registered. There is no obligation to take the Series 57 
Examination in order to continue in their present duties, so the 
proposed rule change is not expected to

[[Page 77065]]

disadvantage current registered persons relative to new entrants in 
this regard.

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

    No written comments were solicited or received with respect to the 
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \14\ and Rule 19b-4(f)(6) thereunder.\15\ 
Because the 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 prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \15\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\17\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest.
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 under 
Section 19(b)(2)(B) \18\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSEARCA-2015-116 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEARCA-2015-116. 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 Section, 100 F Street 
NE., Washington, DC 20549-1090. Copies of the filing will also be 
available for inspection and copying at the NYSE's principal office and 
on its Internet Web site at www.nyse.com. All comments received will be 
posted without change; the Commission does not edit personal 
identifying information from submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-NYSEARCA-2015-116 and should be 
submitted on or before January 4, 2016.
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    \19\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-31276 Filed 12-10-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices                                                  77063

                                                  number should be included on the                        November 24, 2015, NYSE Arca, Inc.                    of the Proprietary Trader Qualification
                                                  subject line if email is used. To help the              (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed             Examination (‘‘Series 56 Examination’’)
                                                  Commission process and review your                      with the Securities and Exchange                      is required in order to register as a
                                                  comments more efficiently, please use                   Commission (the ‘‘Commission’’) the                   Market Maker, a MMAT, or a Floor
                                                  only one method. The Commission will                    proposed rule change as described in                  Broker.4 In addition, individuals
                                                  post all comments on the Commission’s                   Items I, II, and III below, which Items               currently engaged solely in proprietary
                                                  Internet Web site (http://www.sec.gov/                  have been prepared by the self-                       trading, who are not required to register
                                                  rules/sro.shtml). Copies of the                         regulatory organization. The                          as Market Makers, MMATs or Floor
                                                  submission, all subsequent                              Commission is publishing this notice to               Brokers, may qualify for registration by
                                                  amendments, all written statements                      solicit comments on the proposed rule                 successful completion of the Series 56
                                                  with respect to the proposed rule                       change from interested persons.                       Examination or the General Securities
                                                  change that are filed with the                                                                                Representative Qualification
                                                  Commission, and all written                             I. Self-Regulatory Organization’s                     Examination (‘‘Series 7 Examination’’).5
                                                  communications relating to the                          Statement of the Terms of Substance of                   The Exchange proposes to change the
                                                  proposed rule change between the                        the Proposed Rule Change                              prescribed examination for Market
                                                  Commission and any person, other than                      The Exchange proposes to amend                     Makers, MMATs, and Floor Brokers
                                                  those that may be withheld from the                     NYSE Arca Rule 2.23 to (1) prescribe the              from the Series 56 Examination to the
                                                  public in accordance with the                           Securities Traders examination (Series                Series 57 Examination and also
                                                  provisions of 5 U.S.C. 552, will be                     57) (the ‘‘Series 57 Examination’’) as the            proposes to replace the Series 56
                                                  available for Web site viewing and                      qualifying examination for registered                 Examination with the Series 57
                                                  printing in the Commission’s Public                     Market Makers, Market Maker                           Examination for individuals engaged
                                                  Reference Room, 100 F Street NE.,                       Authorized Traders (‘‘MMATs’’), Floor                 solely in proprietary trading. With this
                                                  Washington, DC 20549 on official                        Brokers and Securities Traders, (2)                   proposed rule change, Market Makers,
                                                  business days between the hours of                      eliminate reference to the S501Program                MMATs, Floor Brokers and individuals
                                                  10:00 a.m. and 3:00 p.m. Copies of such                 as a continuing education requirement,                engaged solely in proprietary trading
                                                  filing also will be available for                       and (3) rename the category                           will qualify for registration by passing
                                                  inspection and copying at the principal                 ‘‘Proprietary Trader’’ as ‘‘Securities                the Series 57 Examination.
                                                  office of the Exchange. All comments                    Trader’’ in Exchange rules without                       The Series 57 Examination is being
                                                  received will be posted without change;                 making any substantive change to the                  developed by the Financial Industry
                                                  the Commission does not edit personal                   definition of such term. The proposed                 Regulatory Authority, Inc. (‘‘FINRA’’) in
                                                  identifying information from                            rule change is available on the                       consultation with industry and
                                                  submissions. You should submit only                     Exchange’s Web site at www.nyse.com,                  exchange representatives. The Series 57
                                                  information that you wish to make                       at the principal office of the Exchange,              Examination will be based on the
                                                  available publicly. All submissions                     and at the Commission’s Public                        current job functions of securities
                                                  should refer to File Number SR–CBOE–                    Reference Room.                                       traders and will include elements of the
                                                  2015–108, and should be submitted on                                                                          Series 55 Equity Trader Qualification
                                                  or before January 4, 2016.                              II. Self-Regulatory Organization’s                    Examination (which is required to
                                                                                                          Statement of the Purpose of, and                      engage in over-the-counter securities
                                                    For the Commission, by the Division of
                                                  Trading and Markets, pursuant to delegated
                                                                                                          Statutory Basis for, the Proposed Rule                trading) and the current Series 56
                                                  authority.13                                            Change                                                Registered Proprietary Traders
                                                  Brent J. Fields,                                          In its filing with the Commission, the              Examination (which is required for
                                                  Secretary.                                              self-regulatory organization included                 associated persons engaged in
                                                  [FR Doc. 2015–31177 Filed 12–10–15; 8:45 am]            statements concerning the purpose of,                 proprietary trading).6 The Series 57
                                                  BILLING CODE 8011–01–P                                  and basis for, the proposed rule change               Examination will be based on industry
                                                                                                          and discussed any comments it received                rules applicable to trading of equity
                                                                                                          on the proposed rule change. The text                 securities and listed options contracts.
                                                  SECURITIES AND EXCHANGE                                 of those statements may be examined at                The Series 57 Examination will cover,
                                                  COMMISSION                                              the places specified in Item IV below.                among other things, recordkeeping and
                                                                                                          The Exchange has prepared summaries,
                                                  [Release No. 34–76577; File No. SR–                                                                              4 Under the current rule, Market Makers, MMATs
                                                  NYSEARCA–2015–116]                                      set forth in sections A, B, and C below,
                                                                                                                                                                and Floor Brokers are also required to successfully
                                                                                                          of the most significant parts of such                 complete an orientation program for the prescribed
                                                  Self-Regulatory Organizations; NYSE                     statements.                                           examination.
                                                  Arca, Inc.; Notice of Filing and                        A. Self-Regulatory Organization’s
                                                                                                                                                                   5 Currently, individuals engaged solely in

                                                  Immediate Effectiveness of Proposed                                                                           proprietary trading can alternatively take the Series
                                                                                                          Statement of the Purpose of, and the                  7 Examination as a qualifying exam. After
                                                  Rule Change Amending NYSE Arca                          Statutory Basis for, the Proposed Rule                implementation of the Series 57 Examination, an
                                                  Rule 2.23 To Establish the Securities                   Change                                                individual engaged solely in proprietary trading
                                                  Trader and Securities Trader Principal                                                                        will be required to take the Series 57 Examination
                                                  Registration Categories                                 1. Purpose                                            as the Series 7 Examination would no longer serve
                                                                                                                                                                as a qualifying exam to engage solely in proprietary
                                                  December 8, 2015.                                         The Exchange proposes to amend                      trading.
                                                     Pursuant to Section 19(b)(1) 1 of the                NYSE Arca Rule 2.23 to prescribe the                     6 While the Series 56 Examination is required for

                                                                                                          Series 57 Examination as the qualifying               associated persons engaged in proprietary trading,
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Securities Exchange Act of 1934 (the                                                                          Exchange rules do not require such individuals to
                                                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  examination for registered Market                     work at a proprietary trading firm only. These
                                                  notice is hereby given that, on                         Makers, MMATs, Floor Brokers and                      individuals can work at any type of firm. However,
                                                                                                          Securities Traders and eliminate                      they may only engage in proprietary trading at the
                                                    13 17                                                 reference to the S501 Program as a                    firm where they are employed. For example, an
                                                          CFR 200.30–3(a)(12).                                                                                  individual engaged in proprietary trading at a full
                                                    1 15 U.S.C.78s(b)(1).                                 continuing education requirement.                     service firm, who is registered solely to engage in
                                                    2 15 U.S.C. 78a.                                        NYSE Arca Rule 2.23 currently                       proprietary trading, may not act as a registered
                                                    3 17 CFR 240.19b–4.                                   specifies that the successful completion              representative for that firm.



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                                                  77064                       Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices

                                                  recording requirements; types and                       individual registers as a securities                   Trader Principal and a General
                                                  characteristics of securities and                       trader.9                                               Securities Principal.
                                                  investments; trading practices; and                        Under the proposed rule change, the                   Within 30 days of filing the proposed
                                                  display, execution, and trading                         Exchange would rename the category                     rule change, the Exchange will issue a
                                                  systems.7 As such, the Exchange                         ‘‘Proprietary Trader’’ as ‘‘Securities                 Regulatory Bulletin announcing the
                                                  believes that an applicant who has                      Trader’’ in Rule 2.23 without making                   operative date of the rule change, which
                                                  passed the Series 57 Examination is                     any substantive change to the definition               will not be sooner than January 4, 2016.
                                                  shown to be qualified to act in the                     of such term. A Securities Trader,
                                                  capacity of a Market Maker, Floor                       similar to what is currently required for              2. Statutory Basis
                                                  Broker, MMAT or engage solely in                        a Proprietary Trader, would be required
                                                                                                                                                                    The Exchange believes that its
                                                  proprietary trading on NYSE Arca.                       to register as such on Web CRD and pass
                                                                                                                                                                 proposal is consistent with Section 6(b)
                                                     While NYSE Arca will no longer be                    the Series 57 Examination described
                                                                                                                                                                 of the Securities Exchange Act of 1934
                                                  offering the Series 56 Examination as a                 above, but would not be permitted to
                                                                                                                                                                 (‘‘Act’’),10 in general, and furthers the
                                                  qualifying exam to new applicants, the                  function in an agency capacity or
                                                                                                                                                                 objectives of Section 6(c)(3)(B) 11 of the
                                                  Exchange will continue to recognize                     otherwise conduct a public business in
                                                                                                                                                                 Act, pursuant to which a national
                                                  individuals who have passed that exam                   securities. Additionally, Rule 2.23
                                                                                                                                                                 securities exchange prescribes standards
                                                  as having successfully completed a                      requires that an individual associated
                                                                                                                                                                 of training, experience and competence
                                                  qualifying exam. Individuals who have                   with an Exchange member with
                                                                                                                                                                 for members and their associated
                                                  taken the Series 56 Examination and                     supervisory responsibility over
                                                                                                          proprietary trading activities qualify and             persons, and Section 6(b)(5) 12 of the
                                                  have registered in Web CRD 8 as
                                                                                                          register as a Proprietary Trader                       Act, in particular, in that it is designed,
                                                  proprietary traders will have their
                                                                                                          Principal. Under the proposed rule                     among other things, to promote just and
                                                  registration converted in Web CRD on
                                                                                                          change, the Exchange would replace                     equitable principles of trade, to remove
                                                  January 4, 2016 to a securities trader.
                                                                                                          references in Rule 2.23 to Proprietary                 impediments to, and perfect the
                                                  Additionally, individuals currently
                                                                                                          Trader Principal with Securities Trader                mechanism of a free and open market
                                                  engaged solely in proprietary trading,
                                                                                                          Principal.                                             and a national market system, and, in
                                                  who currently qualify for registration by
                                                                                                             Further, registered persons are                     general, to protect investors and the
                                                  passing the Series 7 Examination and
                                                                                                          required under Rule 2.23(d) to comply                  public interest. The Exchange believes
                                                  have registered in Web CRD as
                                                                                                          with the Exchange’s continuing                         that prescribing the Series 57
                                                  Proprietary Traders will have their
                                                                                                          education requirements. Specifically,                  Examination for Market Makers,
                                                  registration converted in Web CRD on
                                                                                                          under Rule 2.23(d)(1)(A), individuals                  MMATs, Floor Brokers and for
                                                  January 4, 2016 to a Securities Trader
                                                                                                          engaged solely in proprietary trading are              individuals engaged solely in
                                                  without having to take any additional
                                                                                                          required to complete the S501 Program                  proprietary trading is appropriate
                                                  examinations and without having to
                                                                                                          to fulfill the Regulatory Element of their             because the Series 57 Examination
                                                  take any other actions. Individuals
                                                                                                          continuing education requirement. With                 addresses industry topics that establish
                                                  presently registered as Market Makers,
                                                                                                          the transition to the Series 57                        the foundation for the regulatory and
                                                  MMATs, Floor Brokers or those engaged
                                                                                                          Examination, the S501 Program will no                  procedural knowledge necessary for
                                                  solely in proprietary trading on NYSE
                                                                                                          longer be required; such individuals                   individuals required to register as
                                                  Arca, who have previously passed a
                                                                                                          will instead be required to complete the               Market Makers, MMATs, Floor Brokers
                                                  qualifying exam will not be required to
                                                                                                          S101 Program to fulfill the Regulatory                 and for such individuals to
                                                  take the Series 57 Examination as a
                                                                                                          Element of their continuing education                  appropriately register under Exchange
                                                  condition of their continued
                                                                                                          requirement.                                           rules. In addition, the Series 57
                                                  registration. However, the registration of
                                                                                                             The Exchange notes that in order to                 Examination is expected to be shared by
                                                  individuals who have taken the Series
                                                                                                          qualify as a Proprietary Trader                        other exchanges and become the
                                                  56 Examination will not be converted to
                                                                                                          Principal, an associated person                        industry standard.13 Accordingly,
                                                  a Securities Trader if they have not
                                                  registered as a Proprietary Trader in                   currently must pass the Series 56                      adopting the Series 57 Examination will
                                                  Web CRD by December 28, 2015. After                     Examination or the Series 7                            help to promote consistency in
                                                  that date, these individuals will be                    Examination, and the Series 24                         examination requirements and
                                                  required to take the Series 57                          Examination. Once the Exchange has                     uniformity across markets.
                                                  Examination in order to register as                     adopted the Series 57 Examination as
                                                                                                                                                                 B. Self-Regulatory Organization’s
                                                                                                          the qualifying exam for a Securities
                                                  securities traders. In addition,                                                                               Statement on Burden on Competition
                                                                                                          Trader, associated persons would need
                                                  individuals registered as proprietary
                                                                                                          to pass the Series 57 Examination and                    The Exchange does not believe that
                                                  traders in Web CRD prior to the effective
                                                                                                          the Series 24 Examination in order to                  the proposed rule change will impose
                                                  date of the proposed rule change will be
                                                                                                          register as a Securities Trader Principal.             any burden on competition not
                                                  eligible to register as securities traders
                                                                                                          Only those individuals who are                         necessary or appropriate in furtherance
                                                  without having to take any additional
                                                                                                          registered as such would be qualified to               of the purposes of the Act. The
                                                  examinations, provided that no more
                                                                                                          supervise a Securities Trader.                         proposed rule change does not impose
                                                  than two years have passed between the
                                                                                                          Individuals registered as a General                    any additional examination burdens on
                                                  date the individual last registered as a
                                                                                                          Securities Principal would not be                      persons who are already registered.
                                                  proprietary trader and the date the
                                                                                                          qualified to supervise a Securities                    There is no obligation to take the Series
                                                                                                          Trader. Thus, a General Securities
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                    7 See Securities Exchange Act Release No. 75783                                                              57 Examination in order to continue in
                                                  (August 28, 2015), 80 FR 53369 (September 3, 2015)      Principal may not supervise a Securities               their present duties, so the proposed
                                                  (SR–FINRA–2015–017) (Order Approving a                  Trader, nor would a Securities Trader                  rule change is not expected to
                                                  Proposed Rule Change to Establish the Securities        Principal be able to act as a General
                                                  Trader and Securities Trader Principal Registration
                                                  Categories).
                                                                                                          Securities Principal, unless the                         10 15 U.S.C. 78f(b).
                                                    8 Web CRD is the central licensing and                individual is registered as a Securities                 11 15 U.S.C. 78f(c)(3)(B).
                                                                                                                                                                   12 15 U.S.C. 78f(b)(5).
                                                  registration system for the U.S. securities industry
                                                  and its regulators.                                       9 See   Rule 2.23, Commentary .03.                     13 See supra, note 7.




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                                                                               Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices                                           77065

                                                  disadvantage current registered persons                 Electronic Comments                                    SECURITIES AND EXCHANGE
                                                  relative to new entrants in this regard.                                                                       COMMISSION
                                                                                                             • Use the Commission’s Internet
                                                  C. Self-Regulatory Organization’s                       comment form (http://www.sec.gov/                      [Release No. 34–76587; File No. SR–NYSE–
                                                  Statement on Comments on the                            rules/sro.shtml); or                                   2015–64]
                                                  Proposed Rule Change Received From
                                                  Members, Participants, or Others                           • Send an email to rule-comments@                   Self-Regulatory Organizations; New
                                                                                                          sec.gov. Please include File Number SR–                York Stock Exchange LLC; Notice of
                                                    No written comments were solicited                    NYSEARCA–2015–116 on the subject                       Filing and Immediate Effectiveness of
                                                  or received with respect to the proposed
                                                                                                          line.                                                  Proposed Rule Change Amending
                                                  rule change.
                                                                                                                                                                 Exchange Rules To Prescribe the
                                                  III. Date of Effectiveness of the                       Paper Comments                                         Securities Traders Examination as the
                                                  Proposed Rule Change and Timing for                       • Send paper comments in triplicate                  Qualifying Examination for Persons
                                                  Commission Action                                       to Brent J. Fields, Secretary, Securities              Associated With a Member
                                                     The Exchange has filed the proposed                  and Exchange Commission, 100 F Street                  Organization Engaged Solely in
                                                  rule change pursuant to Section                         NE., Washington, DC 20549–1090.                        Proprietary Trading, and Amend
                                                  19(b)(3)(A)(iii) of the Act 14 and Rule                                                                        Continuing Education Requirement
                                                  19b–4(f)(6) thereunder.15 Because the                   All submissions should refer to File                   Applicable to Such Members
                                                  proposed rule change does not: (i)                      Number SR–NYSEARCA–2015–116.
                                                                                                                                                                 December 8, 2015.
                                                  Significantly affect the protection of                  This file number should be included on
                                                                                                                                                                    Pursuant to Section 19(b)(1) 1 of the
                                                  investors or the public interest; (ii)                  the subject line if email is used. To help
                                                                                                                                                                 Securities Exchange Act of 1934 (the
                                                  impose any significant burden on                        the Commission process and review
                                                                                                                                                                 ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                  competition; and (iii) become operative                 your comments more efficiently, please                 notice is hereby given that on November
                                                  prior to 30 days from the date on which                 use only one method. The Commission                    23, 2015, New York Stock Exchange
                                                  it was filed, or such shorter time as the               will post all comments on the                          LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed
                                                  Commission may designate, if                            Commission’s Internet Web site (http://                with the Securities and Exchange
                                                  consistent with the protection of                       www.sec.gov/rules/sro.shtml). Copies of                Commission (the ‘‘Commission’’) the
                                                  investors and the public interest, the                  the submission, all subsequent                         proposed rule change as described in
                                                  proposed rule change has become                         amendments, all written statements                     Items I, II, and III below, which Items
                                                  effective pursuant to Section 19(b)(3)(A)               with respect to the proposed rule                      have been prepared by the self-
                                                  of the Act and Rule 19b–4(f)(6)(iii)                    change that are filed with the                         regulatory organization. The
                                                  thereunder.                                             Commission, and all written
                                                     A proposed rule change filed under                                                                          Commission is publishing this notice to
                                                                                                          communications relating to the                         solicit comments on the proposed rule
                                                  Rule 19b–4(f)(6) 16 normally does not
                                                  become operative prior to 30 days after                 proposed rule change between the                       change from interested persons.
                                                  the date of the filing. However, pursuant               Commission and any person, other than
                                                                                                                                                                 I. Self-Regulatory Organization’s
                                                  to Rule 19b4(f)(6)(iii),17 the Commission               those that may be withheld from the                    Statement of the Terms of Substance of
                                                  may designate a shorter time if such                    public in accordance with the                          the Proposed Rule Change
                                                  action is consistent with the protection                provisions of 5 U.S.C. 552, will be
                                                                                                          available for Web site viewing and                        The Exchange proposes to amend
                                                  of investors and the public interest.                                                                          Exchange rules to prescribe the
                                                     At any time within 60 days of the                    printing in the Commission’s Public
                                                                                                                                                                 Securities Traders examination (Series
                                                  filing of such proposed rule change, the                Reference Section, 100 F Street NE.,
                                                                                                                                                                 57) (the ‘‘Series 57 Examination’’) as the
                                                  Commission summarily may                                Washington, DC 20549–1090. Copies of
                                                                                                                                                                 qualifying examination for persons
                                                  temporarily suspend such rule change if                 the filing will also be available for
                                                  it appears to the Commission that such                                                                         associated with a member organization
                                                                                                          inspection and copying at the NYSE’s                   (‘‘Member’’) engaged solely in
                                                  action is necessary or appropriate in the               principal office and on its Internet Web
                                                  public interest, for the protection of                                                                         proprietary trading, and amend
                                                                                                          site at www.nyse.com. All comments                     Exchange rules regarding continuing
                                                  investors, or otherwise in furtherance of               received will be posted without change;
                                                  the purposes of the Act. If the                                                                                education requirement applicable to
                                                                                                          the Commission does not edit personal                  such Members. The proposed rule
                                                  Commission takes such action, the                       identifying information from
                                                  Commission shall institute proceedings                                                                         change is available on the Exchange’s
                                                                                                          submissions. You should submit only                    Web site at www.nyse.com, at the
                                                  under Section 19(b)(2)(B) 18 of the Act to
                                                                                                          information that you wish to make                      principal office of the Exchange, and at
                                                  determine whether the proposed rule
                                                  change should be approved or                            available publicly. All submissions                    the Commission’s Public Reference
                                                  disapproved.                                            should refer to File Number SR–                        Room.
                                                                                                          NYSEARCA–2015–116 and should be
                                                  IV. Solicitation of Comments                                                                                   II. Self-Regulatory Organization’s
                                                                                                          submitted on or before January 4, 2016.
                                                                                                                                                                 Statement of the Purpose of, and
                                                    Interested persons are invited to                       For the Commission, by the Division of               Statutory Basis for, the Proposed Rule
                                                  submit written data, views, and                         Trading and Markets, pursuant to delegated             Change
                                                  arguments concerning the foregoing,                     authority.19
                                                  including whether the proposed rule                                                                               In its filing with the Commission, the
                                                                                                          Robert W. Errett,                                      self-regulatory organization included
                                                  change is consistent with the Act.
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Comments may be submitted by any of                     Deputy Secretary.                                      statements concerning the purpose of,
                                                  the following methods:                                  [FR Doc. 2015–31276 Filed 12–10–15; 8:45 am]           and basis for, the proposed rule change
                                                                                                          BILLING CODE 8011–01–P                                 and discussed any comments it received
                                                    14 15 U.S.C. 78s(b)(3)(A)(iii).                                                                              on the proposed rule change. The text
                                                    15 17 CFR 240.19b–4(f)(6).
                                                    16 17 CFR 240.19b–4(f)(6).                                                                                     1 15 U.S.C. 78s(b)(1).
                                                    17 17 CFR 240.19b–4(f)(6)(iii).                                                                                2 15 U.S.C. 78a.
                                                    18 15 U.S.C. 78s(b)(2)(B).                              19 17   CFR 200.30–3(a)(12).                           3 17 CFR 240.19b–4.




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Document Created: 2018-03-02 09:13:43
Document Modified: 2018-03-02 09:13:43
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 77063 

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