81_FR_7207 81 FR 7180 - 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 Series 9/10 Examination Program

81 FR 7180 - 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 Series 9/10 Examination Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 27 (February 10, 2016)

Page Range7180-7182
FR Document2016-02604

Federal Register, Volume 81 Issue 27 (Wednesday, February 10, 2016)
[Federal Register Volume 81, Number 27 (Wednesday, February 10, 2016)]
[Notices]
[Pages 7180-7182]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02604]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77051; File No. SR-MSRB-2016-02]


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 Series 9/10 Examination 
Program

February 4, 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 January 22, 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. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(i).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The MSRB filed with the Commission proposed revisions to the 
content outline for the Municipal Securities Sales Principal (Series 9/
10) examination program (the ``proposed rule change''). The MSRB 
proposes to implement the revised Series 9/10 examination program on 
March 7, 2016. The proposed revisions update the material to reflect 
changes to the laws, rules and regulations covered by the examination 
and to incorporate the functions and associated tasks currently 
performed by a Municipal Securities Sales Principal. 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 change to 
its rules.\5\
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    \5\ The Financial Industry Regulatory Authority (``FINRA'') 
filed changes to the Series 9/10 question bank and selection 
specifications with the SEC on December 23, 2015. See Release No. 
34-76812 (December 31, 2015), 81 FR 834 (January 7, 2016) (File No. 
SR-FINRA-2015-058).
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    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.

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

1. Purpose
Background
    The MSRB has established a professional qualifications program that 
prescribes standards of training, experience, and competency for 
brokers, dealers and municipal securities dealers (collectively, 
``dealers'') and their associated persons. Section 15B(b)(2)(A) of the 
Act requires associated persons of dealers to meet such standards of 
training, experience, competence, and such other qualifications as the 
MSRB finds necessary or appropriate in the public interest or for the 
protection of investors and municipal entities or obligated persons.\6\ 
The MSRB has developed examinations that are designed to establish that 
persons associated with dealers that effect transactions in municipal 
securities and municipal advisors who engage in municipal advisory 
activities have attained specified levels of competence and knowledge. 
The content outline for each examination serves as a guide to the 
subject matter tested on the examination and provides learning 
objectives associated with each subject matter to assist candidates in 
preparing for each examination. Each content outline also provides 
sample questions similar to the type of questions that may be found on 
the examination. The

[[Page 7181]]

arrangement of the subject matter in the content outline reflects the 
various job functions typically performed within a dealer by an 
individual with that qualification. The MSRB periodically reviews the 
content outline for each examination to determine whether revisions are 
necessary or appropriate in view of changes pertaining to the subject 
matter covered by the examination.\7\
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    \6\ Section 15B(b)(2)(A)(iii) of the Act, 15 U.S.C. 78o-
4(b)(2)(A)(iii).
    \7\ On occasion, this review may be conducted in coordination 
with FINRA or other self-regulatory organizations.
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    MSRB Rule G-3(c) defines an individual associated with a dealer 
whose supervisory activities with respect to municipal securities are 
limited exclusively to supervising sales to and purchases from 
customers of municipal securities as a Municipal Securities Sales 
Principal. Pursuant to MSRB Rule G-3(c), every Municipal Securities 
Sales Principal is required to take and pass the General Securities 
Sales Supervisor Qualification Examination prior to acting in such 
capacity.\8\
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    \8\ The General Securities Sales Principal is defined in NASD 
Rule 1022(g).
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    In consultation with a committee of industry representatives and 
FINRA, the MSRB participated in a review of the Series 9/10 examination 
program. As a result of this review, the MSRB is proposing to make 
revisions to the content outline to reflect changes to the laws, rules 
and regulations covered by the examination and to incorporate the 
functions and associated tasks performed by a Municipal Securities 
Sales Principal.
Current Content Outline
    The current content outline is divided into six sections. The 
following are the six sections and the number of questions associated 
with each of the sections, denoted Section 1 through Section 6:
    1. Hiring, Qualifications, and Continuing Education, 9 questions;
    2. Supervision of Accounts and Sales Activities, 94 questions;
    3. Conduct of Associated Persons, 14 questions;
    4. Recordkeeping Requirements, 8 questions;
    5. Municipal Securities Regulation, 20 questions;
    6. Options Regulation, 55 questions.
    Each section also includes the applicable laws, rules and 
regulations associated with that section. The current content outline 
also includes a preface (addressing, among other things, the purpose, 
administration and scoring of the examination), sample questions and 
reference materials.
Proposed Revisions
    The MSRB is proposing to divide the content outline into two parts 
with eight major job functions that are performed by a Municipal 
Securities Sales Principal. The following are the two parts, each with 
four major job functions, denoted as Parts 1 and 2 with Function 1 
through Function 4, respectively, with the associated number of 
questions:
    Part 1:
    Function 1: Supervise Associated Persons and Personnel Management 
Activities, 28 questions;
    Function 2: Supervise the Opening and Maintenance of Customer 
Accounts, 49 questions;
    Function 3: Supervise Sales Practices and General Trading 
Activities, 52 questions;
    Function 4: Supervise Communications with the Public, 16 questions.
    Part 2:
    Function 1: Supervise the Opening and Maintenance of Customer 
Options Accounts, 18 questions;
    Function 2: Supervise Sales Practices and General Options Trading 
Activities, 19 questions;
    Function 3: Supervise Options Communications, 5 questions;
    Function 4: Supervise Associated Persons and Personnel Management 
Activities, 13 questions.
    The MSRB is proposing to adjust the number of questions assigned to 
each major job function to ensure that the overall examination better 
reflects the key tasks performed by a Municipal Securities Sales 
Principal. The allocation of questions on the revised Series 9/10 
examination will place greater emphasis on key tasks such as 
supervision of registered persons, sales practices and compliance. Each 
function also includes specific tasks describing activities associated 
with performing that function. In Part 1, there are five tasks (1.1-
1.5) associated with Function 1; four tasks (2.1-2.4) associated with 
Function 2; five tasks (3.1-3.5) associated with Function 3; and four 
tasks (4.1-4.4) associated with Function 4. In Part 2, there are three 
tasks (1.1-1.3) associated with Function 1; four tasks (2.1-2.4) 
associated with Function 2; three tasks (3.1-3.3) associated with 
Function 3; and one task (4.1) associated with Function 4. Further, the 
content outline lists the knowledge required to perform each function 
and associated tasks (e.g., types of retail communications, required 
approvals). In addition, where applicable, the content outline lists 
the laws, rules and regulations a candidate is expected to know to 
perform each function and associated tasks. These include the 
applicable MSRB Rules (e.g., MSRB Rule G-27(e)). A job analysis study 
was conducted of General Securities Sales Supervisors that are 
qualified with the 9/10 examination, which included the use of a 
survey, in developing each function and associated tasks typically 
performed in the conduct of their activity and, as a result, updating 
the required knowledge set forth in the revised content outline. The 
functions and associated tasks, which appear in the revised content 
outline for the first time, reflect the day-to-day activities of a 
General Securities Sales Supervisor.
    The MSRB is also proposing to revise the content outline to reflect 
changes to the laws, rules and regulations covered by the examination. 
Among other revisions, certain revisions are being made to reflect the 
adoption of rules in the consolidated FINRA rulebook (e.g., NASD Rule 
2310 (Recommendations to Customers (Suitability), NASD Rule 2212 
(Telemarketing) and NASD Rule 3110 (Books and Records) were adopted as 
FINRA Rule 2111 (Suitability), FINRA Rule 3230 (Telemarketing) and 
FINRA Rule 4510 Series (Books and Records Requirements), respectively).
    Finally, the MSRB is proposing to make changes to the format of the 
content outline, including the preface, sample questions and reference 
materials. Proposed changes include: (1) Adding a table of contents; 
(2) providing more details regarding the purpose of the examination; 
(3) providing more details on the application procedures; (4) providing 
more details on the development and maintenance of the content outline 
and examination; (5) explaining that the passing scores are established 
by FINRA staff, in consultation with a committee of industry 
representatives, using a standard setting procedure, and that a 
statistical adjustment process known as equating is used in scoring 
exams; and (6) noting that each candidate will receive a report at the 
end of the test session that will indicate a pass or fail status and 
include a score profile listing the candidate's performance on each 
major content area covered on the examination. The number of questions 
on the Series 9/10 examination will remain at 200 multiple-choice 
questions (55 on the Series 9 and 145 on the Series 10). Candidates 
will continue to have 90 minutes to complete the Series 9 examination 
and 240 minutes to complete the Series 10 examination. The passing 
score for the Series 9 is 70 percent and the passing score for the 
Series 10 is 70 percent. These are unchanged.

[[Page 7182]]

Availability of the Content Outline
    The revised Series 9/10 content outline will replace the current 
content outline on FINRA's Web site.\9\
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    \9\ See www.finra.org/brokerqualifications/exams.
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2. Statutory Basis
    The MSRB believes that the proposed rule change is consistent with 
the provisions of Section 15B(b)(2)(A) of the Act,\10\ which authorizes 
the MSRB, in part, to prescribe for associated persons of dealers 
``standards of training, experience, competence, and such other 
qualifications as the Board finds necessary or appropriate in the 
public interest or for the protection of investors and municipal 
entities or obligated persons.''
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    \10\ 15 U.S.C. 78o-4(b)(2)(A).
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    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 9/10 in order to test the competency of individuals seeking 
to qualify as Municipal Securities Sales Principals with respect to 
their knowledge of MSRB rules and the municipal securities market.
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    \11\ Id.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The MSRB does not believe that the proposed rule change will result 
in any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. The updated Series 9/10 content 
outline aligns with the functions and associated tasks currently 
performed by a Municipal Securities Sales Principal 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 examinations 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.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(1).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-MSRB-2016-02 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-2016-02. 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-2016-02 and should be 
submitted on or before March 2, 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. 2016-02604 Filed 2-9-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                     7180                      Federal Register / Vol. 81, No. 27 / Wednesday, February 10, 2016 / Notices

                                                     Street NE., Washington, DC. Written                     SECURITIES AND EXCHANGE                                    The text of the proposed rule change
                                                     statements may be submitted by any of                   COMMISSION                                              is available on the MSRB’s Web site at
                                                     the following methods:                                                                                          www.msrb.org/Rules-and-
                                                                                                             [Release No. 34–77051; File No. SR–MSRB–                Interpretations/SEC-Filings/2016-
                                                     Electronic Statements                                   2016–02]
                                                                                                                                                                     Filings.aspx, at the MSRB’s principal
                                                       • Use the Commission’s Internet                       Self-Regulatory Organizations;                          office, and at the Commission’s Public
                                                                                                             Municipal Securities Rulemaking                         Reference Room.
                                                     submission form (http://www.sec.gov/
                                                     info/smallbus/acsec.shtml); or                          Board; Notice of Filing and Immediate                   II. Self-Regulatory Organization’s
                                                                                                             Effectiveness of a Proposed Rule                        Statement of the Purpose of, and
                                                       • Send an email message to rule-
                                                                                                             Change Relating to the Content Outline                  Statutory Basis for, the Proposed Rule
                                                     comments@sec.gov. Please include File
                                                                                                             for the Series 9/10 Examination                         Change
                                                     Number 265–27 on the subject line; or                   Program                                                    In its filing with the Commission, the
                                                     Paper Statements                                                                                                MSRB included statements concerning
                                                                                                             February 4, 2016.
                                                                                                                                                                     the purpose of and basis for the
                                                        • Send paper statements to Brent J.                     Pursuant to Section 19(b)(1) of the
                                                                                                             Securities Exchange Act of 1934 (the                    proposed rule change and discussed any
                                                     Fields, Federal Advisory Committee
                                                                                                             ‘‘Act’’ or ‘‘Exchange Act’’) 1 and Rule                 comments it received on the proposed
                                                     Management Officer, Securities and                                                                              rule change. The text of these statements
                                                     Exchange Commission, 100 F Street NE.,                  19b–4 thereunder,2 notice is hereby
                                                                                                             given that on January 22, 2016, the                     may be examined at the places specified
                                                     Washington, DC 20549–1090.                                                                                      in Item IV below. The MSRB has
                                                                                                             Municipal Securities Rulemaking Board
                                                        All submissions should refer to File                 (the ‘‘MSRB’’ or ‘‘Board’’) filed with the              prepared summaries, set forth in
                                                     No. 265–27. This file number should be                  Securities and Exchange Commission                      Sections A, B, and C below, of the most
                                                     included on the subject line if email is                (‘‘Commission’’) the proposed rule                      significant aspects of such statements.
                                                     used. To help us process and review                     change as described in Items I, II, and                 A. Self-Regulatory Organization’s
                                                     your statement more efficiently, please                 III below, which Items have been                        Statement of the Purpose of, and
                                                     use only one method. The Commission                     prepared by the MSRB. The MSRB has                      Statutory Basis for, the Proposed Rule
                                                     will post all statements on the Advisory                designated the proposed rule change as                  Change
                                                     Committee’s Web site (http://                           ‘‘constituting a stated policy, practice,
                                                     www.sec.gov/spotlight/acsec-                                                                                    1. Purpose
                                                                                                             or interpretation with respect to the
                                                     spotlight.shtml).                                       meaning, administration, or                             Background
                                                        Statements also will be available for                enforcement of an existing rule’’ under                    The MSRB has established a
                                                     Web site viewing and printing in the                    Section 19(b)(3)(A)(i) of the Act 3 and                 professional qualifications program that
                                                     Commission’s Public Reference Room,                     Rule 19b–4(f)(1) thereunder,4 which                     prescribes standards of training,
                                                     100 F Street NE., Washington, DC                        renders the proposal effective upon                     experience, and competency for brokers,
                                                                                                             receipt of this filing by the Commission.               dealers and municipal securities dealers
                                                     20549, on official business days
                                                                                                             The Commission is publishing this                       (collectively, ‘‘dealers’’) and their
                                                     between the hours of 10:00 a.m. and
                                                                                                             notice to solicit comments on the                       associated persons. Section 15B(b)(2)(A)
                                                     3:00 p.m. All statements received will                  proposed rule change from interested
                                                     be posted without change; we do not                                                                             of the Act requires associated persons of
                                                                                                             persons.                                                dealers to meet such standards of
                                                     edit personal identifying information
                                                                                                             I. Self-Regulatory Organization’s                       training, experience, competence, and
                                                     from submissions. You should submit
                                                                                                             Statement of the Terms of Substance of                  such other qualifications as the MSRB
                                                     only information that you wish to make                                                                          finds necessary or appropriate in the
                                                     available publicly.                                     the Proposed Rule Change
                                                                                                                                                                     public interest or for the protection of
                                                     FOR FURTHER INFORMATION CONTACT:               Julie      The MSRB filed with the Commission                    investors and municipal entities or
                                                     Z. Davis, Senior Special Counsel, at                    proposed revisions to the content                       obligated persons.6 The MSRB has
                                                                                                             outline for the Municipal Securities                    developed examinations that are
                                                     (202) 551–3460, Office of Small
                                                                                                             Sales Principal (Series 9/10)                           designed to establish that persons
                                                     Business Policy, Division of Corporation
                                                                                                             examination program (the ‘‘proposed                     associated with dealers that effect
                                                     Finance, Securities and Exchange
                                                                                                             rule change’’). The MSRB proposes to                    transactions in municipal securities and
                                                     Commission, 100 F Street NE.,                           implement the revised Series 9/10
                                                     Washington, DC 20549–3628.                                                                                      municipal advisors who engage in
                                                                                                             examination program on March 7, 2016.                   municipal advisory activities have
                                                     SUPPLEMENTARY INFORMATION:    In                        The proposed revisions update the                       attained specified levels of competence
                                                     accordance with Section 10(a) of the                    material to reflect changes to the laws,                and knowledge. The content outline for
                                                     Federal Advisory Committee Act, 5                       rules and regulations covered by the                    each examination serves as a guide to
                                                     U.S.C.—App. 1, and the regulations                      examination and to incorporate the                      the subject matter tested on the
                                                     thereunder, Keith Higgins, Designated                   functions and associated tasks currently                examination and provides learning
                                                     Federal Officer of the Committee, has                   performed by a Municipal Securities                     objectives associated with each subject
                                                     ordered publication of this notice.                     Sales Principal. In addition, the Board is              matter to assist candidates in preparing
                                                                                                             proposing to make changes to the format                 for each examination. Each content
                                                       Dated: February 5, 2016.                              of the content outline. The MSRB is not
asabaliauskas on DSK9F6TC42PROD with NOTICES2




                                                                                                                                                                     outline also provides sample questions
                                                     Brent J. Fields,                                        proposing in this filing any textual                    similar to the type of questions that may
                                                     Committee Management Officer.                           change to its rules.5                                   be found on the examination. The
                                                     [FR Doc. 2016–02658 Filed 2–9–16; 8:45 am]
                                                                                                               1 15  U.S.C. 78s(b)(1).
                                                     BILLING CODE 8011–01–P                                                                                          bank and selection specifications with the SEC on
                                                                                                               2 17  CFR 240.19b–4.                                  December 23, 2015. See Release No. 34–76812
                                                                                                                3 15 U.S.C. 78s(b)(3)(A)(i).
                                                                                                                                                                     (December 31, 2015), 81 FR 834 (January 7, 2016)
                                                                                                                4 17 CFR 240.19b–4(f)(1).                            (File No. SR–FINRA–2015–058).
                                                                                                                5 The Financial Industry Regulatory Authority          6 Section 15B(b)(2)(A)(iii) of the Act, 15 U.S.C.

                                                                                                             (‘‘FINRA’’) filed changes to the Series 9/10 question   78o–4(b)(2)(A)(iii).



                                                VerDate Sep<11>2014   17:22 Feb 09, 2016   Jkt 238001   PO 00000   Frm 00117   Fmt 4703   Sfmt 4703   E:\FR\FM\10FEN1.SGM    10FEN1


                                                                               Federal Register / Vol. 81, No. 27 / Wednesday, February 10, 2016 / Notices                                            7181

                                                     arrangement of the subject matter in the                Proposed Revisions                                    know to perform each function and
                                                     content outline reflects the various job                   The MSRB is proposing to divide the                associated tasks. These include the
                                                     functions typically performed within a                  content outline into two parts with eight             applicable MSRB Rules (e.g., MSRB
                                                     dealer by an individual with that                       major job functions that are performed                Rule G–27(e)). A job analysis study was
                                                     qualification. The MSRB periodically                    by a Municipal Securities Sales                       conducted of General Securities Sales
                                                     reviews the content outline for each                    Principal. The following are the two                  Supervisors that are qualified with the
                                                     examination to determine whether                        parts, each with four major job                       9/10 examination, which included the
                                                     revisions are necessary or appropriate in                                                                     use of a survey, in developing each
                                                                                                             functions, denoted as Parts 1 and 2 with
                                                     view of changes pertaining to the                                                                             function and associated tasks typically
                                                                                                             Function 1 through Function 4,
                                                     subject matter covered by the                                                                                 performed in the conduct of their
                                                                                                             respectively, with the associated
                                                     examination.7                                                                                                 activity and, as a result, updating the
                                                       MSRB Rule G–3(c) defines an                           number of questions:
                                                                                                                                                                   required knowledge set forth in the
                                                                                                                Part 1:
                                                     individual associated with a dealer                                                                           revised content outline. The functions
                                                                                                                Function 1: Supervise Associated
                                                     whose supervisory activities with                                                                             and associated tasks, which appear in
                                                                                                             Persons and Personnel Management
                                                     respect to municipal securities are                                                                           the revised content outline for the first
                                                                                                             Activities, 28 questions;
                                                     limited exclusively to supervising sales                                                                      time, reflect the day-to-day activities of
                                                                                                                Function 2: Supervise the Opening
                                                     to and purchases from customers of                                                                            a General Securities Sales Supervisor.
                                                                                                             and Maintenance of Customer Accounts,                   The MSRB is also proposing to revise
                                                     municipal securities as a Municipal
                                                                                                             49 questions;                                         the content outline to reflect changes to
                                                     Securities Sales Principal. Pursuant to
                                                                                                                Function 3: Supervise Sales Practices              the laws, rules and regulations covered
                                                     MSRB Rule G–3(c), every Municipal
                                                                                                             and General Trading Activities, 52                    by the examination. Among other
                                                     Securities Sales Principal is required to
                                                                                                             questions;                                            revisions, certain revisions are being
                                                     take and pass the General Securities
                                                                                                                Function 4: Supervise                              made to reflect the adoption of rules in
                                                     Sales Supervisor Qualification
                                                                                                             Communications with the Public, 16                    the consolidated FINRA rulebook (e.g.,
                                                     Examination prior to acting in such
                                                                                                             questions.                                            NASD Rule 2310 (Recommendations to
                                                     capacity.8
                                                                                                                Part 2:                                            Customers (Suitability), NASD Rule
                                                       In consultation with a committee of
                                                                                                                Function 1: Supervise the Opening                  2212 (Telemarketing) and NASD Rule
                                                     industry representatives and FINRA, the
                                                                                                             and Maintenance of Customer Options                   3110 (Books and Records) were adopted
                                                     MSRB participated in a review of the
                                                                                                             Accounts, 18 questions;                               as FINRA Rule 2111 (Suitability),
                                                     Series 9/10 examination program. As a
                                                                                                                Function 2: Supervise Sales Practices              FINRA Rule 3230 (Telemarketing) and
                                                     result of this review, the MSRB is
                                                                                                             and General Options Trading Activities,               FINRA Rule 4510 Series (Books and
                                                     proposing to make revisions to the
                                                                                                             19 questions;                                         Records Requirements), respectively).
                                                     content outline to reflect changes to the
                                                                                                                Function 3: Supervise Options                        Finally, the MSRB is proposing to
                                                     laws, rules and regulations covered by
                                                                                                             Communications, 5 questions;                          make changes to the format of the
                                                     the examination and to incorporate the
                                                                                                                Function 4: Supervise Associated                   content outline, including the preface,
                                                     functions and associated tasks
                                                                                                             Persons and Personnel Management                      sample questions and reference
                                                     performed by a Municipal Securities
                                                                                                             Activities, 13 questions.                             materials. Proposed changes include: (1)
                                                     Sales Principal.
                                                                                                                The MSRB is proposing to adjust the                Adding a table of contents; (2) providing
                                                     Current Content Outline                                 number of questions assigned to each                  more details regarding the purpose of
                                                       The current content outline is divided                major job function to ensure that the                 the examination; (3) providing more
                                                     into six sections. The following are the                overall examination better reflects the               details on the application procedures;
                                                     six sections and the number of                          key tasks performed by a Municipal                    (4) providing more details on the
                                                     questions associated with each of the                   Securities Sales Principal. The                       development and maintenance of the
                                                     sections, denoted Section 1 through                     allocation of questions on the revised                content outline and examination; (5)
                                                     Section 6:                                              Series 9/10 examination will place                    explaining that the passing scores are
                                                       1. Hiring, Qualifications, and                        greater emphasis on key tasks such as                 established by FINRA staff, in
                                                     Continuing Education, 9 questions;                      supervision of registered persons, sales              consultation with a committee of
                                                       2. Supervision of Accounts and Sales                  practices and compliance. Each function               industry representatives, using a
                                                     Activities, 94 questions;                               also includes specific tasks describing               standard setting procedure, and that a
                                                       3. Conduct of Associated Persons, 14                  activities associated with performing                 statistical adjustment process known as
                                                     questions;                                              that function. In Part 1, there are five              equating is used in scoring exams; and
                                                       4. Recordkeeping Requirements, 8                      tasks (1.1–1.5) associated with Function              (6) noting that each candidate will
                                                     questions;                                              1; four tasks (2.1–2.4) associated with               receive a report at the end of the test
                                                       5. Municipal Securities Regulation, 20                Function 2; five tasks (3.1–3.5)                      session that will indicate a pass or fail
                                                     questions;                                              associated with Function 3; and four                  status and include a score profile listing
                                                       6. Options Regulation, 55 questions.                  tasks (4.1–4.4) associated with Function              the candidate’s performance on each
                                                       Each section also includes the                        4. In Part 2, there are three tasks (1.1–             major content area covered on the
                                                     applicable laws, rules and regulations                  1.3) associated with Function 1; four                 examination. The number of questions
                                                     associated with that section. The current               tasks (2.1–2.4) associated with Function              on the Series 9/10 examination will
                                                     content outline also includes a preface                 2; three tasks (3.1–3.3) associated with              remain at 200 multiple-choice questions
                                                     (addressing, among other things, the
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                                                                                                             Function 3; and one task (4.1) associated             (55 on the Series 9 and 145 on the Series
                                                     purpose, administration and scoring of                  with Function 4. Further, the content                 10). Candidates will continue to have 90
                                                     the examination), sample questions and                  outline lists the knowledge required to               minutes to complete the Series 9
                                                     reference materials.                                    perform each function and associated                  examination and 240 minutes to
                                                                                                             tasks (e.g., types of retail                          complete the Series 10 examination.
                                                       7 On occasion, this review may be conducted in
                                                                                                             communications, required approvals).                  The passing score for the Series 9 is 70
                                                     coordination with FINRA or other self-regulatory
                                                     organizations.                                          In addition, where applicable, the                    percent and the passing score for the
                                                       8 The General Securities Sales Principal is           content outline lists the laws, rules and             Series 10 is 70 percent. These are
                                                     defined in NASD Rule 1022(g).                           regulations a candidate is expected to                unchanged.


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                                                     7182                          Federal Register / Vol. 81, No. 27 / Wednesday, February 10, 2016 / Notices

                                                     Availability of the Content Outline                         thereunder.13 At any time within 60                    available publicly. All submissions
                                                       The revised Series 9/10 content                           days of the filing of the proposed rule                should refer to File Number SR–MSRB–
                                                     outline will replace the current content                    change, the Commission summarily may                   2016–02 and should be submitted on
                                                     outline on FINRA’s Web site.9                               temporarily suspend such rule change if                orbefore March 2, 2016.
                                                                                                                 it appears to the Commission that such                   For the Commission, pursuant to delegated
                                                     2. Statutory Basis                                          action is necessary or appropriate in the              authority.14
                                                        The MSRB believes that the proposed                      public interest, for the protection of                 Robert W. Errett,
                                                     rule change is consistent with the                          investors, or otherwise in furtherance of
                                                                                                                                                                        Deputy Secretary.
                                                     provisions of Section 15B(b)(2)(A) of the                   the purposes of the Act.
                                                                                                                                                                        [FR Doc. 2016–02604 Filed 2–9–16; 8:45 am]
                                                     Act,10 which authorizes the MSRB, in                        IV. Solicitation of Comments                           BILLING CODE 8011–01–P
                                                     part, to prescribe for associated persons
                                                     of dealers ‘‘standards of training,                           Interested persons are invited to
                                                     experience, competence, and such other                      submit written data, views, and
                                                     qualifications as the Board finds                           arguments concerning the foregoing,                    SMALL BUSINESS ADMINISTRATION
                                                     necessary or appropriate in the public                      including whether the proposed rule
                                                                                                                 change is consistent with the Act.                     Interagency Task Force on Veterans
                                                     interest or for the protection of investors                                                                        Small Business Development
                                                                                                                 Comments may be submitted by any of
                                                     and municipal entities or obligated
                                                                                                                 the following methods:                                 AGENCY:  U.S. Small Business
                                                     persons.’’
                                                        The MSRB believes that the proposed                      Electronic Comments                                    Administration (SBA).
                                                     rule change is consistent with the                            • Use the Commission’s Internet                      ACTION: Interagency Task Force on
                                                     provisions of Section 15(B)(b)(2)(A) of                     comment form (http://www.sec.gov/                      Veterans Small Business Development
                                                     the Act 11 in that the revisions will                       rules/sro.shtml); or                                   Meeting notice.
                                                     ensure that certain key concepts and                          • Send an email to rule-comments@
                                                     rules are tested on the Series 9/10 in                      sec.gov. Please include File Number SR–                DATES:   March 10, 2016, from 9:00 a.m.
                                                     order to test the competency of                             MSRB–2016–02 on the subject line.                      to 12:00 p.m.
                                                     individuals seeking to qualify as                                                                                  ADDRESSES: SBA Headquarters, 409 3rd
                                                     Municipal Securities Sales Principals                       Paper Comments                                         Street SW., Washington, DC 20416
                                                     with respect to their knowledge of                             • Send paper comments in triplicate                 Eisenhower Conference Room B,
                                                     MSRB rules and the municipal                                to Secretary, Securities and Exchange                  Concourse Level.
                                                     securities market.                                          Commission, 100 F Street NE.,                            Purpose: This public meeting is to
                                                                                                                 Washington, DC 20549.                                  discuss recommendations identified by
                                                     B. Self-Regulatory Organization’s
                                                                                                                 All submissions should refer to File                   the Interagency Task Force on Veterans
                                                     Statement on Burden on Competition
                                                                                                                 Number SR–MSRB–2016–02. This file                      Small Business Development (IATF) to
                                                        The MSRB does not believe that the                       number should be included on the                       further enable veteran entrepreneurship
                                                     proposed rule change will result in any                     subject line if email is used. To help the             policy and programs. In addition, the
                                                     burden on competition that is not                           Commission process and review your                     Task Force will allow public comments
                                                     necessary or appropriate in furtherance                     comments more efficiently, please use                  regarding the veteran owned small
                                                     of the purposes of the Act. The updated                     only one method. The Commission will                   business focus areas.
                                                     Series 9/10 content outline aligns with                     post all comments on the Commission’s                  SUPPLEMENTARY INFORMATION: Pursuant
                                                     the functions and associated tasks                          Internet Web site (http://www.sec.gov/                 to section 10(a)(2) of the Federal
                                                     currently performed by a Municipal                          rules/sro.shtml). Copies of the                        Advisory Committee Act (5 U.S.C.,
                                                     Securities Sales Principal and tests                        submission, all subsequent                             Appendix 2), SBA announces the
                                                     knowledge of the most current laws,                         amendments, all written statements                     meeting of the IATF. The Task Force is
                                                     rules, and regulations and skills relevant                  with respect to the proposed rule                      established pursuant to Executive Order
                                                     to those functions and associated tasks.                    change that are filed with the                         13540 and coordinates efforts of federal
                                                     As such, the proposed rule change                           Commission, and all written                            agencies to improve capital, business
                                                     would make the examinations more                            communications relating to the                         development opportunities, and pre-
                                                     efficient and effective.                                    proposed rule change between the                       established federal contracting goals for
                                                     C. Self-Regulatory Organization’s                           Commission and any person, other than                  veteran owned small businesses (VOSB)
                                                     Statement on Comments on the                                those that may be withheld from the                    and service-disabled veteran owned
                                                     Proposed Rule Change Received From                          public in accordance with the                          businesses (SDVOSB). The Task Force
                                                     Members, Participants, or Others                            provisions of 5 U.S.C. 552, will be                    shall coordinate administrative and
                                                                                                                 available for Web site viewing and                     regulatory activities and develop
                                                       Written comments were neither
                                                                                                                 printing in the Commission’s Public                    proposals relating to six focus areas: (1)
                                                     solicited nor received on the proposed
                                                                                                                 Reference Room, 100 F Street NE.,                      Access to capital (loans, surety bonding
                                                     rule change.
                                                                                                                 Washington, DC 20549 on official                       and franchising); (2) Ensure
                                                     III. Date of Effectiveness of the                           business days between the hours of                     achievement of pre-established
                                                     Proposed Rule Change and Timing for                         10:00 a.m. and 3:00 p.m. Copies of the                 contracting goals, including mentor
                                                     Commission Action                                           filing also will be available for                      protégé and matching with contracting
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                                                        The foregoing proposed rule change                       inspection and copying at the principal                opportunities; (3) Increase the integrity
                                                     has become effective pursuant to                            office of the MSRB. All comments                       of certifications of status as a small
                                                     Section 19(b)(3)(A) of the Act 12 and                       received will be posted without change;                business; (4) Reducing paperwork and
                                                     paragraph (f)(1) of Rule 19b–4                              the Commission does not edit personal                  administrative burdens in accessing
                                                                                                                 identifying information from                           business development and
                                                       9 See    www.finra.org/brokerqualifications/exams.        submissions. You should submit only                    entrepreneurship opportunities; (5)
                                                       10 15    U.S.C. 78o–4(b)(2)(A).                           information that you wish to make                      Increasing and improving training and
                                                       11 Id.
                                                       12 15    U.S.C. 78s(b)(3)(A).                               13 17   CFR 240.19b–4(f)(1).                           14 17   CFR 200.30–3(a)(12).



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Document Created: 2016-02-10 00:19:37
Document Modified: 2016-02-10 00:19:37
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 7180 

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