81_FR_43815 81 FR 43687 - Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Content Outline for the Municipal Advisor Representative Qualification Examination (Series 50)

81 FR 43687 - Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Content Outline for the Municipal Advisor Representative Qualification Examination (Series 50)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 128 (July 5, 2016)

Page Range43687-43689
FR Document2016-15759

Federal Register, Volume 81 Issue 128 (Tuesday, July 5, 2016)
[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Pages 43687-43689]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15759]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78186; File No. SR-MSRB-2016-08]


Self-Regulatory Organizations; Municipal Securities Rulemaking 
Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule 
Change Relating to the Content Outline for the Municipal Advisor 
Representative Qualification Examination (Series 50)

June 28, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ 
notice is hereby given that on June 15, 2016 the Municipal Securities 
Rulemaking Board (the ``MSRB'' or ``Board'') filed with the Securities 
and Exchange Commission (``Commission'') the proposed rule change as 
described in Items I, II, and III below, which Items have been prepared 
by the MSRB. The MSRB 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 Rule 19b-4(f)(1) 
thereunder,\4\ which renders the proposal effective upon receipt of 
this filing by the Commission.\5\ 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).
    \5\ See also letter to Diane G. Klinke, General Counsel, MSRB, 
from Belinda Blaine, Associate Director, Division of Market 
Regulation, SEC, dated July 24, 2000, attached as Exhibit 3b.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The MSRB filed with the Commission proposed revisions to the 
content outline for the Municipal Advisor Representative Qualification 
Examination (Series 50) (the ``proposed rule change''). The MSRB 
proposes to implement the revised Series 50 examination program on 
September 12, 2016. The proposed revisions to the content outline 
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 Municipal Advisor 
Representative. As a result of recent changes to MSRB rules, revisions 
to the Series 50 content outline are necessary to indicate the current 
rule requirements and rule citations. In addition, the Board is 
proposing to make changes to the format of the content outline. The 
MSRB is not proposing in this filing any textual changes to its rules.
    The text of the proposed rule change is available on the MSRB's Web 
site at www.msrb.org/Rules-and-Interpretations/SEC-Filings/2016-Filings.aspx, at the MSRB's principal office, and at the Commission's 
Public Reference Room.

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

    In its filing with the Commission, the MSRB 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 MSRB has prepared summaries, set forth in Sections 
A, B, and C below, of the most significant aspects of such statements.

[[Page 43688]]

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

1. Purpose
    Section 15B(b)(2)(L)(iii) of the Act requires the MSRB to establish 
professional standards for municipal advisors.\6\ The Act further 
requires associated persons of municipal advisors to pass such 
examinations as the Board may establish to demonstrate that such 
individuals meet the standards as the Board finds necessary or 
appropriate in the public interest or for the protection of investors 
and municipal entities or obligated persons.\7\ A professional 
qualification examination is intended to determine whether an 
individual meets the MSRB's basic qualification standards for a 
particular registration category. The examination measures a 
candidate's knowledge of the business activities, as well as the 
regulatory requirements, including MSRB rules, SEC rules, rule 
interpretations and other federal law, applicable to a particular 
registration category.
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    \6\ 15 U.S.C. 78o-4(b)(2)(L)(iii).
    \7\ See Section 15B(b)(2)(A)(iii) of the Act, 15 U.S.C. 78o-
4(b)(2)(A)(iii).
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    MSRB Rule G-3(d) defines a municipal advisor representative as a 
natural person associated with a municipal advisor who engages in 
municipal advisory activities on the municipal advisor's behalf, other 
than a person performing only clerical, administrative, support or 
similar functions. Pursuant to MSRB Rule G-3(d), every Municipal 
Advisor Representative is required to pass the Municipal Advisor 
Representative Qualification Examination prior to acting in such 
capacity.
    The Series 50 examination will consist of 100 multiple-choice 
questions. Candidates are allowed 180 minutes to complete the 
examination.\8\ Consistent with other financial regulatory 
qualification examinations, candidates may receive (at the option of 
their firm) an informational breakdown of their performance on each 
section of the examination and their pass/fail status at the completion 
of the testing session. The passing score for the Series 50 examination 
is 71%.
---------------------------------------------------------------------------

    \8\ Prior to beginning the examination, candidates will receive 
a tutorial on how to complete the computerized examination. 
Candidates will be given 30 minutes to complete the tutorial in 
addition to the 180 minutes allowed to complete the examination.
---------------------------------------------------------------------------

Current Content Outline
    The Series 50 examination content outline has been prepared to 
assist municipal advisor representative candidates in preparing for the 
Series 50 examination and is available on the MSRB's Web site. The 
Series 50 examination content outline describes the following five 
topical sections comprising the examination:
    (1) Understanding SEC and MSRB Rules Regarding Municipal Advisors 
(12 questions);
    (2) Understanding Municipal Finance (35 questions);
    (3) Performing Issuer's Credit Analysis and Due Diligence (12 
questions);
    (4) Structuring, Pricing and Executing Municipal Debt Products (31 
questions); and
    (5) Understanding Requirements Related to the Issuance of Municipal 
Debt (10 questions).
    The reference materials section of the Series 50 examination 
content outline is intended to provide candidates with a list of 
resources, which when used in conjunction with the Series 50 
examination content outline, can assist candidates in preparing for the 
Series 50 examination. The reference materials were recommended by 
municipal advisors as having been helpful resources in carrying out the 
job functions of a municipal advisor. The reference materials are not 
intended to be all-inclusive, nor are the reference materials intended 
to specifically represent content that may be covered on the 
examination.
Proposed Revisions
    As a result of recent changes to MSRB rules, revisions to the 
Series 50 content outline are necessary to indicate the current rule 
requirements and rule citations. A summary of the changes to the 
content outline for the Series 50 examination, detailed by major topic 
headings, is provided below:
Introduction
     The passing score of 71% as approved by the Board was 
added to the introduction section of the outline.
Function 1: Understanding SEC and MSRB Rules Regarding Municipal 
Advisors
1.1.3 MSRB Rules Governing Activities of Municipal Advisors (e.g., 
Professional Qualification; Fiduciary Duty; Recordkeeping)
     The rule reference to ``MSRB Rule G-32 Disclosure in 
Connection with Primary Offerings'' is being removed from the outline.
     The rule reference to ``MSRB Rule G-20 Gifts, Gratuities, 
Non-Cash Compensation and Expenses of Issuance'' is being added to the 
content outline to reflect the applicability of Rule G-20 to municipal 
advisors.
     The rule reference to ``MSRB Rule G-37 Political 
Contributions and Prohibitions on Municipal Securities Business and 
Municipal Advisory Business'' is being added to the content outline to 
reflect the applicability of Rule G-37 to municipal advisors.
     The rule reference to ``MSRB Rule G-42 Duties of Non-
Solicitor Municipal Advisors'' is being added to the content outline to 
reflect the applicability of Rule G-42 to municipal advisors.
Function 2: Understanding Municipal Finance
2.1.5 Rating Agencies
     The reference to ``(major (three)'' rating agencies is 
being removed from the content outline.
Sample Questions
     Sample questions 2, 3, and 4 were replaced with updated 
sample questions.
2. Statutory Basis
    Section 15B(b)(2)(A) of the Act authorizes the MSRB to prescribe 
standards of training, experience, competence, and such other 
qualifications for associated persons of municipal advisors as the 
Board finds necessary or appropriate in the public interest or for the 
protection of investors and municipal entities or obligated persons.\9\ 
Section 15B(b)(2)(A)(i)-(iii) of the Act also provides that the Board 
may appropriately classify municipal advisors and persons associated 
with municipal advisors and require persons in any such class to pass 
tests prescribed by the Board.\10\
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    \9\ 15 U.S.C. 78o-4(b)(2)(A).
    \10\ 15 U.S.C. 78o-4(b)(2)(A)(i)-(iii).
---------------------------------------------------------------------------

    The MSRB believes that the proposed rule change is consistent with 
the provisions of Section 15(B)(b)(2)(A) of the Act \11\ in that the 
revisions will ensure that certain key concepts and rules are tested on 
the Series 50 examination in order to test the competency of 
individuals seeking to qualify as Municipal Advisor Representatives 
with respect to their knowledge of MSRB rules and the municipal 
securities market.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78o-4(b)(2)(A).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The MSRB does not believe that the proposed rule change will result 
in any

[[Page 43689]]

burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. The updated Series 50 
examination content outline aligns with the functions and associated 
tasks currently performed by Municipal Advisor Representatives and 
tests knowledge of the most current laws, rules, and regulations and 
skills relevant to those functions and associated tasks. As such, the 
proposed rule change would make the Series 50 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 on the 
proposed rule change.

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

    The foregoing proposed rule change has become effective pursuant to 
Section 19(b)(3)(A) of the Act \12\ and paragraph (f)(1) of Rule 19b-4 
thereunder.\13\ 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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

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-MSRB-2016-08 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MSRB-2016-08. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the MSRB. 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-MSRB-2016-08 and should be 
submitted on or before July 26, 2016.
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    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, pursuant to delegated authority.\14\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-15759 Filed 7-1-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices                                                      43687

                                                proposals. Based on the foregoing, the                   public in accordance with the                            renders the proposal effective upon
                                                Commission believes that it is                           provisions of 5 U.S.C. 552, will be                      receipt of this filing by the
                                                consistent with the protection of                        available for Web site viewing and                       Commission.5 The Commission is
                                                investors and the public interest to                     printing in the Commission’s Public                      publishing this notice to solicit
                                                waive the 30-day operative date so that                  Reference Room, 100 F Street NE.,                        comments on the proposed rule change
                                                the proposal may take effect upon                        Washington, DC 20549 on official                         from interested persons.
                                                filing.31                                                business days between the hours of
                                                   At any time within 60 days of the                     10:00 a.m. and 3:00 p.m. Copies of such                  I. Self-Regulatory Organization’s
                                                filing of such proposed rule change, the                 filing also will be available for                        Statement of the Terms of Substance of
                                                Commission summarily may                                 inspection and copying at the principal                  the Proposed Rule Change
                                                temporarily suspend such rule change if                  office of the Exchange. All comments
                                                it appears to the Commission that such                   received will be posted without change;                     The MSRB filed with the Commission
                                                action is necessary or appropriate in the                the Commission does not edit personal                    proposed revisions to the content
                                                public interest, for the protection of                   identifying information from                             outline for the Municipal Advisor
                                                investors, or otherwise in furtherance of                submissions. You should submit only                      Representative Qualification
                                                the purposes of the Act. If the                          information that you wish to make                        Examination (Series 50) (the ‘‘proposed
                                                Commission takes such action, the                        available publicly. All submissions                      rule change’’). The MSRB proposes to
                                                Commission shall institute proceedings                   should refer to File No. SR–C2–2016–                     implement the revised Series 50
                                                under Section 19(b)(2)(B) of the Act 32 to               009, and should be submitted on or                       examination program on September 12,
                                                determine whether the proposed rule                      before July 26, 2016.                                    2016. The proposed revisions to the
                                                change should be approved or                               For the Commission, by the Division of                 content outline update the material to
                                                disapproved.                                             Trading and Markets, pursuant to delegated               reflect changes to the laws, rules and
                                                IV. Solicitation of Comments                             authority.33                                             regulations covered by the examination
                                                                                                         Robert W. Errett,                                        and to incorporate the functions and
                                                  Interested persons are invited to
                                                                                                         Deputy Secretary.                                        associated tasks currently performed by
                                                submit written data, views, and
                                                arguments concerning the foregoing,                      [FR Doc. 2016–15760 Filed 7–1–16; 8:45 am]               a Municipal Advisor Representative. As
                                                including whether the proposed rule                      BILLING CODE 8011–01–P                                   a result of recent changes to MSRB
                                                change is consistent with the Act.                                                                                rules, revisions to the Series 50 content
                                                Comments may be submitted by any of                                                                               outline are necessary to indicate the
                                                                                                         SECURITIES AND EXCHANGE                                  current rule requirements and rule
                                                the following methods:
                                                                                                         COMMISSION                                               citations. In addition, the Board is
                                                Electronic Comments                                                                                               proposing to make changes to the format
                                                                                                         [Release No. 34–78186; File No. SR–MSRB–
                                                  • Use the Commission’s Internet                        2016–08]                                                 of the content outline. The MSRB is not
                                                comment form (http://www.sec.gov/                                                                                 proposing in this filing any textual
                                                rules/sro.shtml); or                                     Self-Regulatory Organizations;                           changes to its rules.
                                                  • Send an email to rule-comments@                      Municipal Securities Rulemaking
                                                sec.gov. Please include File No. SR–C2–                  Board; Notice of Filing and Immediate                       The text of the proposed rule change
                                                2016–009 on the subject line.                            Effectiveness of a Proposed Rule                         is available on the MSRB’s Web site at
                                                                                                         Change Relating to the Content Outline                   www.msrb.org/Rules-and-
                                                Paper Comments                                           for the Municipal Advisor                                Interpretations/SEC-Filings/2016-
                                                   • Send paper comments in triplicate                   Representative Qualification                             Filings.aspx, at the MSRB’s principal
                                                to Secretary, Securities and Exchange                    Examination (Series 50)                                  office, and at the Commission’s Public
                                                Commission, 100 F Street NE.,                                                                                     Reference Room.
                                                Washington, DC 20549–1090.                               June 28, 2016.
                                                All submissions should refer to File No.                    Pursuant to Section 19(b)(1) of the                   II. Self-Regulatory Organization’s
                                                SR–C2–2016–009. This file number                         Securities Exchange Act of 1934 (the                     Statement of the Purpose of, and
                                                should be included on the subject line                   ‘‘Act’’ or ‘‘Exchange Act’’) 1 and Rule                  Statutory Basis for, the Proposed Rule
                                                if email is used. To help the                            19b–4 thereunder,2 notice is hereby                      Change
                                                Commission process and review your                       given that on June 15, 2016 the
                                                                                                         Municipal Securities Rulemaking Board                      In its filing with the Commission, the
                                                comments more efficiently, please use
                                                                                                         (the ‘‘MSRB’’ or ‘‘Board’’) filed with the               MSRB included statements concerning
                                                only one method. The Commission will
                                                post all comments on the Commission’s                    Securities and Exchange Commission                       the purpose of and basis for the
                                                Internet Web site (http://www.sec.gov/                   (‘‘Commission’’) the proposed rule                       proposed rule change and discussed any
                                                rules/sro.shtml). Copies of the                          change as described in Items I, II, and                  comments it received on the proposed
                                                submission, all subsequent                               III below, which Items have been                         rule change. The text of these statements
                                                amendments, all written statements                       prepared by the MSRB. The MSRB has                       may be examined at the places specified
                                                with respect to the proposed rule                        designated the proposed rule change as                   in Item IV below. The MSRB has
                                                change that are filed with the                           ‘‘constituting a stated policy, practice,                prepared summaries, set forth in
                                                Commission, and all written                              or interpretation with respect to the                    Sections A, B, and C below, of the most
                                                communications relating to the                           meaning, administration, or                              significant aspects of such statements.
                                                proposed rule change between the                         enforcement of an existing rule’’ under
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                                                Commission and any person, other than                    Section 19(b)(3)(A)(i) of the Act 3 and
                                                those that may be withheld from the                      Rule 19b–4(f)(1) thereunder,4 which
                                                                                                              33 17 CFR 200.30–3(a)(12).
                                                  31 For purposes only of waiving the 30-day
                                                                                                              1 15 U.S.C. 78s(b)(1).                                5 See also letter to Diane G. Klinke, General
                                                operative delay, the Commission has considered the
                                                                                                              2 17 CFR 240.19b–4.                                 Counsel, MSRB, from Belinda Blaine, Associate
                                                proposed rule’s impact on efficiency, competition,
                                                and capital formation. See 15 U.S.C. 78c(f).                  3 15 U.S.C. 78s(b)(3)(A)(i).                        Director, Division of Market Regulation, SEC, dated
                                                  32 15 U.S.C. 78s(b)(2)(B).                                  4 17 CFR 240.19b–4(f)(1).                           July 24, 2000, attached as Exhibit 3b.



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                                                43688                            Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices

                                                A. Self-Regulatory Organization’s                        Current Content Outline                                  • The rule reference to ‘‘MSRB Rule
                                                Statement of the Purpose of, and                            The Series 50 examination content                  G–20 Gifts, Gratuities, Non-Cash
                                                Statutory Basis for, the Proposed Rule                   outline has been prepared to assist                   Compensation and Expenses of
                                                Change                                                   municipal advisor representative                      Issuance’’ is being added to the content
                                                                                                         candidates in preparing for the Series 50             outline to reflect the applicability of
                                                1. Purpose                                                                                                     Rule G–20 to municipal advisors.
                                                                                                         examination and is available on the
                                                                                                                                                                  • The rule reference to ‘‘MSRB Rule
                                                  Section 15B(b)(2)(L)(iii) of the Act                   MSRB’s Web site. The Series 50
                                                                                                                                                               G–37 Political Contributions and
                                                requires the MSRB to establish                           examination content outline describes
                                                                                                                                                               Prohibitions on Municipal Securities
                                                professional standards for municipal                     the following five topical sections
                                                                                                                                                               Business and Municipal Advisory
                                                advisors.6 The Act further requires                      comprising the examination:
                                                                                                            (1) Understanding SEC and MSRB                     Business’’ is being added to the content
                                                associated persons of municipal                                                                                outline to reflect the applicability of
                                                advisors to pass such examinations as                    Rules Regarding Municipal Advisors (12
                                                                                                         questions);                                           Rule G–37 to municipal advisors.
                                                the Board may establish to demonstrate                                                                            • The rule reference to ‘‘MSRB Rule
                                                that such individuals meet the                              (2) Understanding Municipal Finance
                                                                                                                                                               G–42 Duties of Non-Solicitor Municipal
                                                standards as the Board finds necessary                   (35 questions);
                                                                                                            (3) Performing Issuer’s Credit                     Advisors’’ is being added to the content
                                                or appropriate in the public interest or                                                                       outline to reflect the applicability of
                                                for the protection of investors and                      Analysis and Due Diligence (12
                                                                                                         questions);                                           Rule G–42 to municipal advisors.
                                                municipal entities or obligated persons.7
                                                                                                            (4) Structuring, Pricing and Executing             Function 2: Understanding Municipal
                                                A professional qualification
                                                                                                         Municipal Debt Products (31 questions);               Finance
                                                examination is intended to determine                     and
                                                whether an individual meets the                                                                                2.1.5 Rating Agencies
                                                                                                            (5) Understanding Requirements
                                                MSRB’s basic qualification standards for                 Related to the Issuance of Municipal                    • The reference to ‘‘(major (three)’’
                                                a particular registration category. The                  Debt (10 questions).                                  rating agencies is being removed from
                                                examination measures a candidate’s                          The reference materials section of the             the content outline.
                                                knowledge of the business activities, as                 Series 50 examination content outline is
                                                well as the regulatory requirements,                                                                           Sample Questions
                                                                                                         intended to provide candidates with a
                                                including MSRB rules, SEC rules, rule                    list of resources, which when used in                   • Sample questions 2, 3, and 4 were
                                                interpretations and other federal law,                   conjunction with the Series 50                        replaced with updated sample
                                                applicable to a particular registration                  examination content outline, can assist               questions.
                                                category.                                                candidates in preparing for the Series 50             2. Statutory Basis
                                                  MSRB Rule G–3(d) defines a                             examination. The reference materials
                                                                                                                                                                  Section 15B(b)(2)(A) of the Act
                                                municipal advisor representative as a                    were recommended by municipal
                                                                                                                                                               authorizes the MSRB to prescribe
                                                natural person associated with a                         advisors as having been helpful
                                                                                                                                                               standards of training, experience,
                                                municipal advisor who engages in                         resources in carrying out the job
                                                                                                                                                               competence, and such other
                                                municipal advisory activities on the                     functions of a municipal advisor. The
                                                                                                                                                               qualifications for associated persons of
                                                municipal advisor’s behalf, other than a                 reference materials are not intended to
                                                                                                                                                               municipal advisors as the Board finds
                                                person performing only clerical,                         be all-inclusive, nor are the reference
                                                                                                                                                               necessary or appropriate in the public
                                                                                                         materials intended to specifically
                                                administrative, support or similar                                                                             interest or for the protection of investors
                                                                                                         represent content that may be covered
                                                functions. Pursuant to MSRB Rule G–                                                                            and municipal entities or obligated
                                                                                                         on the examination.
                                                3(d), every Municipal Advisor                                                                                  persons.9 Section 15B(b)(2)(A)(i)–(iii) of
                                                Representative is required to pass the                   Proposed Revisions                                    the Act also provides that the Board
                                                Municipal Advisor Representative                            As a result of recent changes to MSRB              may appropriately classify municipal
                                                Qualification Examination prior to                       rules, revisions to the Series 50 content             advisors and persons associated with
                                                acting in such capacity.                                 outline are necessary to indicate the                 municipal advisors and require persons
                                                  The Series 50 examination will                         current rule requirements and rule                    in any such class to pass tests
                                                                                                         citations. A summary of the changes to                prescribed by the Board.10
                                                consist of 100 multiple-choice                                                                                    The MSRB believes that the proposed
                                                questions. Candidates are allowed 180                    the content outline for the Series 50
                                                                                                         examination, detailed by major topic                  rule change is consistent with the
                                                minutes to complete the examination.8                                                                          provisions of Section 15(B)(b)(2)(A) of
                                                Consistent with other financial                          headings, is provided below:
                                                                                                                                                               the Act 11 in that the revisions will
                                                regulatory qualification examinations,                   Introduction                                          ensure that certain key concepts and
                                                candidates may receive (at the option of                                                                       rules are tested on the Series 50
                                                their firm) an informational breakdown                     • The passing score of 71% as
                                                                                                         approved by the Board was added to the                examination in order to test the
                                                of their performance on each section of                                                                        competency of individuals seeking to
                                                                                                         introduction section of the outline.
                                                the examination and their pass/fail                                                                            qualify as Municipal Advisor
                                                status at the completion of the testing                  Function 1: Understanding SEC and                     Representatives with respect to their
                                                session. The passing score for the Series                MSRB Rules Regarding Municipal                        knowledge of MSRB rules and the
                                                50 examination is 71%.                                   Advisors                                              municipal securities market.
                                                                                                         1.1.3 MSRB Rules Governing                            B. Self-Regulatory Organization’s
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                                                  6 15 U.S.C. 78o–4(b)(2)(L)(iii).                       Activities of Municipal Advisors (e.g.,               Statement on Burden on Competition
                                                  7 See Section 15B(b)(2)(A)(iii) of the Act, 15
                                                                                                         Professional Qualification; Fiduciary
                                                U.S.C. 78o–4(b)(2)(A)(iii).                                                                                      The MSRB does not believe that the
                                                  8 Prior to beginning the examination, candidates       Duty; Recordkeeping)
                                                                                                                                                               proposed rule change will result in any
                                                will receive a tutorial on how to complete the              • The rule reference to ‘‘MSRB Rule
                                                computerized examination. Candidates will be
                                                given 30 minutes to complete the tutorial in
                                                                                                         G–32 Disclosure in Connection with                      9 15 U.S.C. 78o–4(b)(2)(A).
                                                addition to the 180 minutes allowed to complete          Primary Offerings’’ is being removed                    10 15 U.S.C. 78o–4(b)(2)(A)(i)–(iii).
                                                the examination.                                         from the outline.                                       11 15 U.S.C. 78o–4(b)(2)(A).




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                                                                                   Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Notices                                                       43689

                                                burden on competition that is not                          comments more efficiently, please use                     Price Improvement (‘‘RPI’’) Program (the
                                                necessary or appropriate in furtherance                    only one method. The Commission will                      ‘‘Program’’). The limited exemption was
                                                of the purposes of the Act. The updated                    post all comments on the Commission’s                     granted concurrently with the
                                                Series 50 examination content outline                      Internet Web site (http://www.sec.gov/                    Commission’s approval of the
                                                aligns with the functions and associated                   rules/sro.shtml). Copies of the                           Exchange’s proposal to adopt the
                                                tasks currently performed by Municipal                     submission, all subsequent                                Program for a one-year pilot term.2 The
                                                Advisor Representatives and tests                          amendments, all written statements                        exemption was granted coterminous
                                                knowledge of the most current laws,                        with respect to the proposed rule                         with the effectiveness of the pilot
                                                rules, and regulations and skills relevant                 change that are filed with the                            Program and has been extended three
                                                to those functions and associated tasks.                   Commission, and all written                               times; 3 both the pilot Program and
                                                As such, the proposed rule change                          communications relating to the                            exemption are scheduled to expire on
                                                would make the Series 50 examination                       proposed rule change between the                          July 31, 2016.
                                                more efficient and effective.                              Commission and any person, other than                        The Exchange now seeks to extend
                                                                                                           those that may be withheld from the                       the exemption until July 31, 2017.4 The
                                                C. Self-Regulatory Organization’s                                                                                    Exchange’s request was made in
                                                                                                           public in accordance with the
                                                Statement on Comments on the                                                                                         conjunction with an immediately
                                                                                                           provisions of 5 U.S.C. 552, will be
                                                Proposed Rule Change Received From                                                                                   effective filing that extends the
                                                                                                           available for Web site viewing and
                                                Members, Participants, or Others                                                                                     operation of the Program until July 31,
                                                                                                           printing in the Commission’s Public
                                                  Written comments were neither                            Reference Room, 100 F Street NE.,                         2017.5 In its request to extend the
                                                solicited nor received on the proposed                     Washington, DC 20549 on official                          exemption, the Exchange notes that the
                                                rule change.                                               business days between the hours of                        Program was implemented gradually
                                                                                                           10:00 a.m. and 3:00 p.m. Copies of the                    over time. Accordingly, the Exchange
                                                III. Date of Effectiveness of the                                                                                    has asked for additional time to allow
                                                Proposed Rule Change and Timing for                        filing also will be available for
                                                                                                           inspection and copying at the principal                   itself and the Commission to analyze
                                                Commission Action                                                                                                    data concerning the Program, which the
                                                                                                           office of the MSRB. All comments
                                                   The foregoing proposed rule change                      received will be posted without change;                   Exchange committed to provide to the
                                                has become effective pursuant to                           the Commission does not edit personal                     Commission, as well as to allow
                                                Section 19(b)(3)(A) of the Act 12 and                      identifying information from                              additional opportunities for greater
                                                paragraph (f)(1) of Rule 19b–4                             submissions. You should submit only                       participation in the Program.6 For this
                                                thereunder.13 At any time within 60                        information that you wish to make                         reason and the reasons stated in the
                                                days of the filing of the proposed rule                    available publicly. All submissions                       Order originally granting the limited
                                                change, the Commission summarily may                       should refer to File Number SR–MSRB–                      exemption, the Commission finds that
                                                temporarily suspend such rule change if                    2016–08 and should be submitted on or                     extending the exemption, pursuant to its
                                                it appears to the Commission that such                     before July 26, 2016.                                     authority under Rule 612(c) of
                                                action is necessary or appropriate in the                                                                            Regulation NMS, is appropriate in the
                                                public interest, for the protection of                       For the Commission, pursuant to delegated               public interest and consistent with the
                                                                                                           authority.14                                              protection of investors.
                                                investors, or otherwise in furtherance of
                                                the purposes of the Act.                                   Robert W. Errett,                                            THEREFORE, IT IS HEREBY
                                                                                                           Deputy Secretary.                                         ORDERED, that, pursuant to Rule 612(c)
                                                IV. Solicitation of Comments                               [FR Doc. 2016–15759 Filed 7–1–16; 8:45 am]
                                                  Interested persons are invited to                        BILLING CODE 8011–01–P
                                                                                                                                                                        2 See Securities Exchange Act Release No. 68303

                                                submit written data, views, and                                                                                      (November 27, 2012), 77 FR 71652 (December 3,
                                                                                                                                                                     2012) (‘‘RPI Approval Order’’) (SR–BXY–2012–019).
                                                arguments concerning the foregoing,                                                                                     3 See Securities Exchange Act Release Nos. 71249
                                                including whether the proposed rule                        SECURITIES AND EXCHANGE                                   (January 7, 2014), 79 FR 2229 (January 13, 2012)
                                                change is consistent with the Act.                         COMMISSION                                                (SR–BYX–2014–001) (Notice of Filing and
                                                Comments may be submitted by any of                                                                                  Immediate Effectiveness of a Proposed Rule Change
                                                                                                           [Release No. 34–78178; File No. SR–BYX–                   to Extend the Pilot Period for the RPI); 71250
                                                the following methods:                                     2012–019]                                                 (January 7, 2014), 79 FR 2234 (January 13, 2012)
                                                                                                                                                                     (Order Granting an Extension to Limited Exemption
                                                Electronic Comments                                                                                                  From Rule 612(c) of Regulation NMS in Connection
                                                                                                           Self-Regulatory Organization; BATS
                                                  • Use the Commission’s Internet                          BYX-Exchange, Inc.; Order Granting an
                                                                                                                                                                     With the Exchange’s Retail Price Improvement
                                                                                                                                                                     Program); 74111 (January 22, 2015), 80 FR 4598
                                                comment form (http://www.sec.gov/                          Extension to Limited Exemption From                       (January 28, 2015) (SR–BYX–2015–05) (Notice of
                                                rules/sro.shtml); or                                       Rule 612(c) of Regulation NMS in                          Filing and Immediate Effectiveness of a Proposed
                                                  • Send an email to rule-comments@                        Connection With the Exchange’s Retail                     Rule Change to Extend the Pilot Period for the RPI);
                                                                                                                                                                     and 74115 (January 22, 2015), 80 FR 4324 (January
                                                sec.gov. Please include File Number SR–                    Price Improvement Program                                 27, 2015) (Order Granting an Extension to Limited
                                                MSRB–2016–08 on the subject line.                                                                                    Exemption From Rule 612(c) of Regulation NMS in
                                                                                                           June 28, 2016.                                            Connection With the Exchange’s Retail Price
                                                Paper Comments                                                                                                       Improvement Program); 76965 (January 22, 2016),
                                                                                                              On November 27, 2012, the Securities
                                                  • Send paper comments in triplicate                      and Exchange Commission
                                                                                                                                                                     81 FR 4682 (January 27, 2016) (SR–BYX–2016–01)
                                                                                                                                                                     (Notice of Filing and Immediate Effectiveness of a
                                                to Secretary, Securities and Exchange                      (‘‘Commission’’) issued an order                          Proposed Rule Change to Extend the Pilot Period for
                                                Commission, 100 F Street NE.,                              pursuant to its authority under Rule                      the RPI); 76953 (January 21, 2016), 81 FR 4728
                                                Washington, DC 20549.                                      612(c) of Regulation NMS (‘‘Sub-Penny                     (January 27, 2016) (Order Granting an Extension to
                                                                                                                                                                     Limited Exemption From Rule 612(c) of Regulation
sradovich on DSK3GDR082PROD with NOTICES




                                                All submissions should refer to File                       Rule’’) 1 that granted the BATS BYX–                      NMS in Connection With the Exchange’s Retail
                                                Number SR–MSRB–2016–08. This file                          Exchange, Inc. (‘‘BYX’’ or the                            Price Improvement Program).
                                                number should be included on the                           ‘‘Exchange’’) a limited exemption from                       4 See letter from Anders Franzon, Senior Vice

                                                subject line if email is used. To help the                 the Sub-Penny Rule in connection with                     President and Associate General Counsel, BYX, to
                                                                                                                                                                     Brent J. Fields, Secretary, Commission, dated June
                                                Commission process and review your                         the operation of the Exchange’s Retail                    23, 2016.
                                                                                                                                                                        5 See SR-BatsBYX–2016–15.
                                                  12 15   U.S.C. 78s(b)(3)(A).                                  14 17   CFR 200.30–3(a)(12).                            6 See RPI Approval Order, supra note 2, at 77 FR
                                                  13 17   CFR 240.19b–4(f)(1).                                  1 17   CFR 242.612(c).                               at 71657.



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Document Created: 2016-07-01 23:50:05
Document Modified: 2016-07-01 23:50:05
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 Citation81 FR 43687 

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