83_FR_31710 83 FR 31580 - Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Revise the Content Outline and Selection Specifications for the Series 52 Examination and To Revise the Content Outlines for the Series 50, Series 51 and Series 53 Examinations

83 FR 31580 - Self-Regulatory Organizations; Municipal Securities Rulemaking Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Revise the Content Outline and Selection Specifications for the Series 52 Examination and To Revise the Content Outlines for the Series 50, Series 51 and Series 53 Examinations

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 130 (July 6, 2018)

Page Range31580-31585
FR Document2018-14469

Federal Register, Volume 83 Issue 130 (Friday, July 6, 2018)
[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Notices]
[Pages 31580-31585]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14469]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83572; File No. SR-MSRB-2018-05]


Self-Regulatory Organizations; Municipal Securities Rulemaking 
Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule 
Change To Revise the Content Outline and Selection Specifications for 
the Series 52 Examination and To Revise the Content Outlines for the 
Series 50, Series 51 and Series 53 Examinations

June 29, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the

[[Page 31581]]

``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice 
is hereby given that on June 25, 2018 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 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.
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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 (i) revisions to the 
content outline and selection specifications for the Municipal 
Securities Representative Qualification Examination (``Series 52 
exam'') \3\ to remove general securities knowledge content as part of 
modifications to the MSRB's qualification examination program; \4\ (ii) 
revisions to the content outline for the Municipal Fund Securities 
Limited Principal Qualification Examination (``Series 51 exam'') to 
reflect changes to laws, rules and regulations covered by the 
examination \5\ in response to amendments to the tax code following the 
enactment of the Jobs Act; \6\ and (iii) revisions to the content 
outlines for the Municipal Securities Principal Qualification 
Examination (``Series 53 exam'') and Municipal Advisor Representative 
Qualification Examination (``Series 50 exam'') \7\ to delete or update 
subject matter topics to reflect current references and nomenclatures 
and to update current rule citations as part of the MSRB's periodic 
review of its content outlines (collectively, the ``proposed revisions 
to the content outlines''). The MSRB is not proposing any textual 
changes to its rules.
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    \3\ The Series 52 exam selection specifications have been 
submitted to the Commission under a separate cover with a request 
for confidential treatment pursuant to SEC Rule 24b-2. The MSRB also 
is proposing corresponding revisions to the bank of examination 
questions for the Series 52 exam. The MSRB is submitting this filing 
for immediate effectiveness pursuant to Section 19(b)(3)(A) of the 
Act and Rule 19b-4(f)(1) thereunder and, based on established 
instructions from the Commission staff, is not filing the Series 52 
exam question bank for Commission review. See Letter to Diane G. 
Klinke, General Counsel, MSRB, from Belinda Blaine, Associate 
Director, Division of Market Regulation, SEC, dated July 24, 2000. 
The question bank is otherwise available for Commission review.
    \4\ On June 8, 2018, the MSRB filed amendments to MSRB Rule G-3, 
on professional qualification requirements, to modify the MSRB's 
qualification examination program by, among other things, accepting 
the Financial Industry Regulatory Authority's (FINRA) Securities 
Industry Essentials Examination (``SIE exam'') as a prerequisite to 
qualification as a municipal securities representative and further 
tailor the Series 52 exam as a specialized knowledge exam. The SIE 
exam, a general knowledge exam, will test fundamental securities-
related knowledge, including knowledge of basic products, the 
structure and function of the securities industry, the regulatory 
agencies and their functions. See Exchange Act Release No. 83483 
(June 20, 2018) (Notice of Filing and Immediate Effectiveness) (SR-
MSRB-2018-04).
    \5\ MSRB staff reviewed the Series 51 exam bank and removed or 
updated the impacted questions relating to 529 plans and municipal 
fund securities to align with the Tax Cuts and Jobs Act of 2017 
(``Jobs Act'') effective date of January 1, 2018. Thus, because of 
the changes to the affected examination items, revisions to the 
Series 51 exam content outline are required. For example, deleting 
the term ``college'' from the phrase ``529 college savings plans'' 
to reflect that the tax code now allows for money saved in a 529 
plan to be used for qualified K-12 education expenses.
    \6\ Public Law 115-97, 131 Stat. 2054 (2017).
    \7\ In addition to these examinations, the MSRB is in the 
process of developing another professional qualification 
examination, the Municipal Advisor Principal Qualification 
Examination (Series 54 exam). The MSRB anticipates filing a proposed 
rule change regarding the development of the Series 54 exam, 
including a proposed content outline, in August 2018.
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    The proposed revisions to the content outlines have been filed for 
immediate effectiveness pursuant to Section 19(b)(3)(A) of the Act \8\ 
and Rule 19b-4(f)(1) thereunder.\9\ The implementation date for the 
revised Series 52 exam content outline and selection specifications 
will be October 1, 2018, to coincide with the modifications to the 
MSRB's qualification examination program and launch of the SIE exam, 
while the technical amendments to the content outlines for the Series 
50 exam, Series 51 exam and Series 53 exam will be announced by the 
MSRB and implemented no sooner than 30 days after filing with the SEC.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(1).
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    The text of the proposed rule change is available on the MSRB's 
website at www.msrb.org/Rules-and-Interpretations/SEC-Filings/2018-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
    The MSRB is charged with setting professional qualification 
standards for brokers, dealers, and municipal securities dealers 
(collectively, ``dealers''), and municipal advisors. Specifically, 
Section 15B(b)(2)(A) of the Act authorizes the MSRB to prescribe 
``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.'' \10\ A professional qualification 
examination is intended to determine whether an individual meets the 
MSRB's required qualification standards. More specifically, the MSRB 
has developed professional qualification examinations that are designed 
to establish that persons associated with a dealer who engage in 
municipal securities activities and persons associated with a municipal 
advisor who engage in municipal advisory activities have demonstrated 
minimum levels of competence and knowledge of the municipal market 
activities they engage in, as well as the regulatory requirements 
applicable to a particular qualification category.
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    \10\ 15 U.S.C. 78o-4(b)(2)(A).
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    The content outline for each MSRB examination serves as a guide to 
the subject matter tested on the examination and prescribes the 
baseline knowledge required in each functional area that is specific to 
the role and responsibilities of associated persons. In addition, the 
MSRB provides sample questions in the content outlines that are similar 
to the type of questions that may be found on an examination. The MSRB 
periodically reviews the content outline for each examination to 
determine whether revisions are necessary or appropriate in light of 
changes to rules or rule interpretations, or subject matter covered by 
the examinations.
    The MSRB is proposing to standardize certain information that 
appears across the content outlines for the Series 50 exam, Series 51 
exam, Series 52 exam and Series 53 exam as well as to make technical 
changes to the format of each of the exam content outlines. 
Specifically, the proposed revisions applicable to each content outline 
are as follows: (i) Update the introductory

[[Page 31582]]

statement to clarify the intended goal of the content outline; (ii) 
streamline details regarding the purpose of the examination and the 
review process of the examination question bank; (iii) provide 
information on the intention of pretesting questions; (iv) retire old 
sample questions and provide a new set of sample questions for each 
exam; and (v) replace the current list of reference materials with a 
list of government and self-regulatory organization websites.
    A more detailed summary of changes to the content outline for each 
examination is outlined below.

Revisions to the Current Series 52 Content Outline

    With the recently filed rule change to modify the MSRB's 
professional qualification examination program,\11\ as of October 1, 
2018, the new, restructured examination format for the Series 52 exam 
will require individuals to take and pass the SIE exam \12\ and the 
revised Series 52 exam to be qualified as a municipal securities 
representative pursuant to Rule G-3.\13\ The MSRB's Series 52/53 
Subcommittee of the Professional Qualification Advisory Committee has 
worked to revise the Series 52 exam question bank and content outline 
to reduce areas of duplication with the content to be tested on the SIE 
exam. Upon the filing of the proposed revisions to the content 
outlines, the MSRB will make available on its website, in addition to 
the current Series 52 exam content outline, the revised Series 52 exam 
content outline that will apply to the revised Series 52 exam effective 
October 1, 2018. Individuals who open an exam enrollment window prior 
to October 1, 2018 will be enrolling to take the current Series 52 
exam, whereas individuals who open an exam enrollment window on or 
after October 1, 2018 will be enrolling to take the revised Series 52 
exam as well as the SIE exam.
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    \11\ See supra note 4.
    \12\ FINRA filed the content outline for the SIE exam earlier 
this year. See Exchange Act Release No. 82578 (January 24, 2018), 83 
FR 4375 (January 30, 2018) (SR-FINRA-2018-002).
    \13\ An individual does not have to take the SIE exam before 
taking the revised Series 52 exam, but an individual will not be 
qualified as a municipal securities representative until passing 
both the SIE exam and the revised Series 52 exam.
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    The number of scored questions on the revised Series 52 exam will 
be reduced from 115 multiple-choice questions to 75 multiple-choice 
questions. Additionally, the test time, which is the amount of time 
individuals would have to complete the examination questions, will be 
reduced from three and one-half hours to two and one-half hours. As 
currently is the case, each multiple-choice question would be worth one 
point and the passing score will remain 70%.
    Below is a summary of the proposed revisions to the Series 52 exam 
content outline, which removes duplicative general knowledge content 
that will appear on the SIE exam, and updates or deletes reference 
information appearing on the outline to provide greater clarity on 
topic areas covered on the exam. As previously referenced, the 
selection specifications for the Series 52 exam submitted to the 
Commission under a separate cover describe additional confidential 
information regarding the Series 52 exam.

Contents Page

     Subtopics area being removed under each topic header.
     Part 2 on ``U.S. Government, Federal Agency and Other 
Financial Instruments'' is being removed; the other parts are being 
renumbered accordingly.\14\
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    \14\ The subject matter ``U.S. Government, Federal Agency and 
Other Financial Instruments'' is proposed for deletion from the 
Series 52 exam to avoid duplication of subject matter that will be 
covered on the SIE exam. See supra note 13.
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     The following attachments: ``Attachment A: Contents of a 
Typical Notice of Bond Sale'' and ``Attachment B: Outline of a Typical 
Official Statement'' are being removed in addition to references to the 
attachments within the outline.
     ``Reference Material'' is being revised to ``References.''

Introduction

The Examination

     The percentages assigned to each topic on the Series 52 
exam are being adjusted due to the deletion of the topic ``U.S. 
Government, Federal Agency and Other Financial Instruments'' with the 
(4%) weighting for that topic reallocated to other topic areas; the 
revised percentages for each topic area will be: Municipal Securities--
(60%); Economic Activity, Government Policy and the Behavior of 
Interest Rates--(14%); and Securities Laws and Regulations--(26%).
     The reference to the number of questions on the Series 52 
exam is being revised to update the number from 115 to 75 multiple-
choice questions and the time to complete the exam adjusted from 
``three and one-half hours'' to ``two and one-half hours.''
Part 1: Municipal Securities
     The parenthetical to the topic header is being revised 
from 57% to 60%.
     The following subtopics are being revised:
    [cir] 1.2.1.1 on ``method of quotations'' is being revised to add 
``bid/ask spread;''
    [cir] 1.3.1.2.4 the acronym ``EMMA'' is being revised to 
``Electronic Municipal Market Access website;''
    [cir] 1.3.1.2.5 on ``new issue wires'' is being revised to ``new 
issue/commitment wires;''
    [cir] 1.3.2.2 on ``information sources'' is being revised to remove 
the phrase ``alternative trading systems (ATS)'' and the phrase is 
being added to 1.3.2.3 on the subtopic of ``market participants;''
    [cir] 1.3.2.4.1 on ``kinds of transactions'' is being revised to 
add ``riskless principal;'' and
    [cir] 1.3.3.1 on ``published indices'' is being revised to add the 
abbreviation for ``ICE'' to the parenthetical for ``London Interbank 
Offered Rate.''
     Subtopic headers 1.5.2 on ``relationship of bond prices to 
change in maturity'' and 1.5.9 on ``day-count basis of computations of 
dollar price and accrued interest'' are being removed; and the section 
renumbered accordingly.
Part 2: Economic Activity, Government Policy and the Behavior of 
Interest Rates
     The parenthetical to the topic header is being revised 
from 13% to 14%.
     Topic headers and subtopics are being renumbered in their 
entirety from part 3 to part 2.
     Under the topic header ``monetary policy'' the subtopics 
on ``objectives of Federal Reserve monetary policy;'' ``operating tools 
of the Federal Reserve;'' and ``operations of the Federal Reserve'' are 
being removed.
Part 3: Securities Laws and Regulations
     Topic headers and subtopics are being renumbered in their 
entirety from part 4 to part 3.
     Topic headers on 4.2-4.2.2 on ``SIPC'' are being removed.
     The following subtopics are being revised:
    [cir] 4.3.4 on ``delivery of investor brochure'' is being revised 
to ``investor and municipal advisory client education and protection;''
    [cir] 4.3.7 on ``quotations and sales reports'' is being revised to 
``quotations and reports of sales or purchases (transaction 
reporting);''
    [cir] 4.3.8 on ``confirmation, clearance, settlement and other 
uniform practice

[[Page 31583]]

requirements'' is being revised to add the parenthetical ``minimum 
denominations;'' and 4.3.10 on ``best execution'' is being revised to 
add the parenthetical ``execution quality.''
     Topic headers 4.3.25 on ``calculations;'' 4.3.29 on 
``telemarketing;'' and 4.3.30 on ``anti-money laundering compliance 
program'' are being removed.

Revisions to Other MSRB Content Outlines

    Below is a summary of the proposed revisions to the content 
outlines for the Series 50 exam, Series 51 exam and Series 53 exam as 
part of the MSRB's periodic review of the content outlines for its 
examinations. The proposed revisions to the content outlines are 
technical in nature to delete or update topics to reflect current 
references and nomenclatures and to update current rule requirements 
and citations where identified. The proposed revisions to the content 
outlines for the Series 50 exam, Series 51 exam and Series 53 exam do 
not alter the content, specifications or scoring of these examinations.

Municipal Fund Securities Representative Examination--Series 51

Introduction

     Footnote 1 referencing Rule D-12 is being removed.
Part 2: Product Knowledge
     Subtopic header 2.3.2 on ``529 college savings plans'' is 
being revised to ``529 savings plans.''
     Under the subtopic header 2.3.2.1 on ``federal tax law 
issues'' the term ``higher'' is being removed as part of the 
explanatory description.
     Under the subtopic header 2.3.3 on ``education savings 
alternatives'' the term `UGMA'' is being removed as part of the 
explanatory description.
Part 3: General Supervision
     Topic header 3.2 on ``availability of MSRB rules'' is 
being revised to ``availability of Board rules.''
Part 4: Fair Practice and Conflicts of Interest
     Subtopic header 4.3.1 on ``fair dealing'' is being revised 
to ``conduct of municipal securities and municipal advisory 
activities.''
Part 5: Sales Supervision
     Subtopic header 5.5.3 on ``delivery of MSRB investor 
brochure'' is being revised to ``investor and municipal advisory client 
education and protection.''
Part 7: Operations
     The following subtopics are being revised:
    [cir] 7.1 on ``confirmation of transactions'' is being revised to 
``confirmation, clearance, settlement and other uniform practice 
requirements with respect to transactions with customers;'' and
    [cir] 7.3 on ``books and records'' is being revised to ``books and 
records to be made by brokers, dealers, and municipal securities 
dealers and municipal advisors.''

Municipal Securities Principal Examination--Series 53

Introduction

     Footnote 1 on referenced MSRB rules is being removed and 
all other footnotes renumbered.
Part 2: General Supervision
     The following subtopics are being revised:
    [cir] 2.2.1.5. on ``classification of principals and 
representatives and qualification requirements'' is being revised to 
``professional qualification requirements;''
    [cir] 2.4.1.1 on ``fair dealing rule'' is being revised to 
``conduct of municipal securities and municipal advisory activities;''
    [cir] 2.4.3 on ``gifts and gratuities'' is being revised to 
``gifts, gratuities, non-cash compensation and expenses of issuance;'' 
and
    [cir] 2.4.4 on ``political contributions and prohibition from 
engaging in municipal securities business'' is being revised to 
``political contributions and prohibitions on municipal securities 
business.''
     Under the subtopic header 2.4.6.4 on ``product 
advertisements for municipal fund securities'' the term ``college'' is 
being removed from the parenthetical phrase ``including 529 college 
savings plans.''
Part 3: Sales Supervision
     The following subtopics are being revised:
    [cir] 3.3.4 on ``sophisticated municipal market professionals 
(SMMP)'' is being revised to ``transactions with sophisticated 
municipal market professionals (SMMP);''
    [cir] 3.4.5 on ``prohibition against reciprocal dealings with 
municipal securities investment companies'' is being revised to 
``reciprocal dealings with municipal securities investment companies;'' 
and
    [cir] 3.6.3 on ``delivery of investor brochure'' is being revised 
to ``investor and municipal advisory client education and protection.''
Part 4: Origination and Syndication
     The following subtopics are being revised:
    [cir] 4.1 on ``financial advisors'' is being revised to 
``activities of financial advisors;''
    [cir] 4.2. on ``new issue syndicate practices'' is being revised to 
``primary offering practices;''
    [cir] 4.2.3 on ``disclosures in connection with new issues'' is 
being revised to ``disclosures in connection with primary offerings;'' 
and
    [cir] 4.2.3.2 on ``underwriter submissions to EMMA'' is revised to 
spell out ``EMMA'' as ``Electronic Municipal Market Access.''
Part 5: Trading
     The subtopic header 5.5 on ``recordkeeping 
responsibilities'' is being revised to ``books and records to be made 
by brokers, dealers, municipal securities dealers and municipal 
advisors.''
Municipal Advisor Representative Examination--Series 50
     Section headers revised from ``function'' to ``part;'' 
references to ``college'' removed from ``529 savings plans.''
Eligibility Requirements
     The sentence, ``In order to register for the Series 50 
examination, a candidate must be associated with a municipal advisor 
firm that is registered with both the Securities and Exchange 
Commission and the MSRB'' is being removed to reflect changes in 
processes post-September 12, 2017.
    More specifically, the above referenced sentence refers to the 
eligibility requirement that was put into place during the period in 
which persons were able to engage in municipal advisory activities on 
behalf of a municipal advisor prior to being qualified as a municipal 
advisor representative. Currently, an individual must take and pass the 
Series 50 exam prior to engaging in municipal advisory activities on 
behalf of a municipal advisor.\15\
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    \15\ See FAQs on Municipal Advisor Professional Qualification 
and Examination Requirements (May 2018). 
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    As noted above, the MSRB has designated the proposed revisions to 
the content outlines for immediate effectiveness. The implementation 
date for the revised Series 52 exam content outline and selection 
specifications will be October 1, 2018, to coincide with the 
modifications to the MSRB's qualification examination program, while 
the technical amendments to the

[[Page 31584]]

content outlines for the Series 50 exam, Series 51 exam and Series 53 
exam will be announced by the MSRB and implemented no sooner than 30 
days after filing with the SEC.

2. Statutory Basis

    The MSRB believes that the proposed revisions to the content 
outlines are consistent with Section 15B(b)(2)(A) of the Act,\16\ which 
authorizes the MSRB to prescribe ``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'' and Section 
15B(b)(2)(C) of the Act,\17\ which requires, among other things, that 
MSRB rules ``be designed to prevent fraudulent and manipulative acts 
and practices, to promote just and equitable principles of trade, . . . 
and, in general, to protect investors, municipal entities, obligated 
persons, and the public interest. . .'' Section 15B(b)(2)(A) of the Act 
\18\ provides the MSRB with authority to establish standards of 
competence. The MSRB's professional qualification examinations are 
designed to measure knowledge of the business activities and the 
regulatory requirements, including MSRB rules, rule interpretations and 
federal law, applicable to a particular qualification category.
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    \16\ 15 U.S.C. 78o-4(b)(2)(A).
    \17\ 15 U.S.C. 78o-4(b)(2)(C).
    \18\ 15 U.S.C. 78o-4(b)(2)(A).
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    The proposed revisions to the Series 52 exam content outline and 
selection specifications are consistent with Section 15B(b)(2)(A) of 
the Act \19\ because ensuring the Series 52 exam is uniquely tailored 
to the relevant laws, rules and regulations of the municipal securities 
market ensures that municipal securities representatives attain a 
specified level of competence that would be appropriate and in 
furtherance of the public interest. Additionally, removal of the 
general securities knowledge content currently on the Series 52 exam 
would provide the MSRB with greater flexibility to adapt the Series 52 
exam to more specifically address municipal securities knowledge and, 
in doing so, deepening municipal professionals' knowledge base in the 
interest of investor protection. Also, proposed revisions to the 
content outlines for MSRB-owned examinations (the Series 50 exam, 
Series 51 exam and Series 53 exam) to reflect current references and 
nomenclatures and to update current rule requirements and citations 
where identified are likewise consistent with the purpose of Section 
15B(b)(2)(A) of the Act \20\ because providing individuals with a 
current guide to the subject matter covered on the examinations can aid 
individuals' preparation for such professional qualification 
examinations and facilitates standards of competence in furtherance of 
the public interest.
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    \19\ Id.
    \20\ Id.
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    The proposed revisions to the Series 52 exam content outline 
together with the MSRB's larger effort to modify its current 
qualification program are designed to achieve the stated objective of 
Section 15B(b)(2)(C) of the Act \21\ to foster the prevention of 
fraudulent practices by enhancing the overall professional 
qualification program and establishing standards for professionals in 
the municipal securities market. Additionally, ensuring municipal 
securities professionals are familiar with the rules and regulations 
that would be applicable to their role and responsibilities in the 
municipal securities market is in furtherance of and consistent with 
Section 15B(b)(2)(C) of the Act \22\ to facilitate the prevention of 
fraudulent practices.
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    \21\ 15 U.S.C. 78o-4(b)(2)(C).
    \22\ Id.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The MSRB does not believe that the proposed revisions to the 
content outlines will result in any burden on competition that is not 
necessary or appropriate in furtherance of the purposes of the Act. The 
proposed revisions to the Series 52 exam content outline and changes to 
the selection specifications for the Series 52 exam to reflect a more 
tailored Series 52 exam would ensure the standard for qualification 
remains robust to maintain an efficient and effective qualification 
examination program. Additionally, the proposed revisions to the 
content outlines for the Series 50 exam, Series 51 exam and Series 53 
exam remain in alignment with the functions and associated tasks 
currently performed by municipal securities representatives, municipal 
fund securities limited principals, municipal securities principals and 
municipal advisor representatives as well as serve as a guide to the 
subject matter tested on the examinations with respect to the relevant 
laws, rules and regulations. Additionally, the proposed revisions to 
the content outlines for the Series 50 exam, Series 51 exam and Series 
53 exam do not alter the content, specifications or scoring of these 
examinations.

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

    Written comments were neither solicited nor received.

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

    The foregoing proposed rule change has become effective pursuant to 
Section 19(b)(3)(A) of the Act \23\ and paragraph (f)(1) of Rule 19b-4 
thereunder.\24\ At any time within 60 days of the filing of the 
proposed rule change, the Commission summarily may temporarily suspend 
such rule change if it appears to the Commission that such action is 
necessary or appropriate in the public interest, for the protection of 
investors, or otherwise in furtherance of the purposes of the Act.
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    \23\ 15 U.S.C. 78s(b)(3)(A).
    \24\ 17 CFR 240.19b-4(f)(1).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-MSRB-2018-05 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-2018-05. 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 website (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

[[Page 31585]]

provisions of 5 U.S.C. 552, will be available for website 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. Persons submitting 
comments are cautioned that we do not redact or edit personal 
identifying information from comment submissions. You should submit 
only information that you wish to make available publicly. All 
submissions should refer to File Number SR-MSRB-2018-05 and should be 
submitted on or before July 27, 2018.
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    \25\ 17 CFR 200.30-3(a)(12).

    For the Commission, pursuant to delegated authority.\25\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-14469 Filed 7-5-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               31580                             Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices

                                               investment company. On September 29,                     distribution to its shareholders, based               declaring that it has ceased to be an
                                               2017, applicant made a liquidating                       on net asset value. Expenses of                       investment company. On May 15, 2018,
                                               distribution to its shareholders, based                  approximately $12,230 incurred in                     applicant made a liquidating
                                               on net asset value. Expenses of $51,000                  connection with the liquidation were                  distribution to its shareholders, based
                                               incurred in connection with the                          paid by the applicant’s investment                    on net asset value. Expenses of $443,746
                                               liquidation were paid by the applicant.                  adviser.                                              incurred in connection with the
                                                  Filing Dates: The application was                       Filing Date: The application was filed              liquidation were paid by the applicant
                                               filed on May 30, 2018, and amended on                    on June 12, 2018.                                     and the applicant’s investment adviser
                                               June 14, 2018.                                             Applicant’s Address: 6803 S. Tucson                 and/or an affiliate thereof. Applicant
                                                  Applicant’s Address: c/o Morgan                       Way Centennial, Colorado 80112.                       has retained $121,293 in cash and cash
                                               Stanley Investment Management Inc.,                                                                            equivalents for the purpose of paying
                                                                                                        PNMAC Mortgage Opportunity Fund,
                                               522 Fifth Avenue, New York, New York                                                                           claims and obligations of the fund.
                                                                                                        LLC [File No. 811- 22229]
                                               10036.                                                                                                            Filing Dates: The application was
                                                                                                           Summary: Applicant, a closed-end                   filed on May 23, 2018, and amended on
                                               Oppenheimer Global Multi-Alternatives                    investment company, seeks an order
                                               Fund [File No. 811–22760]                                                                                      June 13, 2018.
                                                                                                        declaring that it has ceased to be an                    Applicant’s Address: 201 North New
                                                  Summary: Applicant seeks an order                     investment company. The applicant is                  York Avenue, Suite 200, Winter Park,
                                               declaring that it has ceased to be an                    liquidating and will make a final                     Florida 32789.
                                               investment company. On March 9, 2018,                    distribution, promptly following its
                                               applicant made a liquidating                             deregistration, on the basis of net assets            Triloma EIG Energy Income Fund—
                                               distribution to its shareholders, based                  and pro rata based on share ownership                 Term I [File No. 811–23032]
                                               on net asset value. Expenses of $11,608                  after payment of any liabilities or                      Summary: Applicant, a closed-end
                                               incurred in connection with the                          expenses in connection with the                       investment company, seeks an order
                                               liquidation were paid by the applicant’s                 liquidation. Expenses of $10,000                      declaring that it has ceased to be an
                                               investment adviser.                                      incurred in connection with the                       investment company. On May 15, 2018,
                                                  Filing Date: The application was filed                liquidation have been paid by the                     applicant made a liquidating
                                               on June 6, 2018.                                         applicant. Applicant also has retained                distribution to its shareholders, based
                                                  Applicant’s Address: 6803 S. Tucson                   approximately $1.3 million for the                    on net asset value. Expenses of $393,746
                                               Way Centennial, Colorado 80112.                          purpose of paying liabilities and                     incurred in connection with the
                                                                                                        expenses incurred in connection with                  liquidation were paid by the applicant
                                               Oppenheimer Global Multi Strategies
                                                                                                        the liquidation.                                      and the applicant’s investment adviser
                                               Fund [File No. 811–21918]                                   Filing Dates: The application was                  and/or an affiliate thereof. Applicant
                                                  Summary: Applicant seeks an order                     filed on May 23, 2018, and amended on                 has retained $108,294 in cash and cash
                                               declaring that it has ceased to be an                    June 20, 2018 and June 29, 2018.                      equivalents for the purpose of paying
                                               investment company. On March 16,                            Applicant’s Address: 3043 Townsgate                claims and obligations of the fund.
                                               2018, applicant made a liquidating                       Road, Westlake Village, California                       Filing Dates: The application was
                                               distribution to its shareholders, based                  91361.                                                filed on May 23, 2018, and amended on
                                               on net asset value. Expenses of $14,223                                                                        June 13, 2018.
                                                                                                        PNMAC Mortgage Opportunity Fund LP
                                               incurred in connection with the                                                                                   Applicant’s Address: 201 North New
                                                                                                        [File No. 811- 22228]
                                               liquidation were paid by the applicant’s                                                                       York Avenue, Suite 200, Winter Park,
                                               investment adviser.                                         Summary: Applicant, a closed-end                   Florida 32789.
                                                  Filing Date: The application was filed                investment company, seeks an order
                                               on June 12, 2018.                                        declaring that it has ceased to be an                   For the Commission, by the Division of
                                                                                                        investment company. The applicant is                  Investment Management, pursuant to
                                                  Applicant’s Address: 6803 S. Tucson
                                                                                                                                                              delegated authority.
                                               Way Centennial, Colorado 80112.                          liquidating and will make a final
                                                                                                        distribution, promptly following its                  Eduardo A. Aleman,
                                               Oppenheimer Rochester Maryland                           deregistration, on the basis of net assets            Assistant Secretary.
                                               Municipal Fund [File No. 811–21878]                      and pro rata based on share ownership                 [FR Doc. 2018–14458 Filed 7–5–18; 8:45 am]
                                                 Summary: Applicant seeks an order                      after payment of any liabilities or                   BILLING CODE 8011–01–P
                                               declaring that it has ceased to be an                    expenses in connection with the
                                               investment company. On March 23,                         liquidation. Expenses of $10,000
                                               2018, applicant made a liquidating                       incurred in connection with the                       SECURITIES AND EXCHANGE
                                               distribution to its shareholders, based                  liquidation have been paid by the                     COMMISSION
                                               on net asset value. Expenses of                          applicant. Applicant also has retained                [Release No. 34–83572; File No. SR–MSRB–
                                               approximately $11,480 incurred in                        approximately $1.2 million for the                    2018–05]
                                               connection with the liquidation were                     purpose of paying liabilities and
                                               paid by the applicant’s investment                       expenses incurred in connection with                  Self-Regulatory Organizations;
                                               adviser.                                                 the liquidation.                                      Municipal Securities Rulemaking
                                                 Filing Date: The application was filed                    Filing Dates: The application was                  Board; Notice of Filing and Immediate
                                               on June 12, 2018.                                        filed on May 23, 2018, and amended on                 Effectiveness of a Proposed Rule
                                                 Applicant’s Address: 6803 S. Tucson                    June 20, 2018.                                        Change To Revise the Content Outline
                                               Way Centennial, Colorado 80112.                             Applicant’s Address: 3043 Townsgate                and Selection Specifications for the
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                                                                                                        Road, Westlake Village, California                    Series 52 Examination and To Revise
                                               Oppenheimer Rochester Virginia
                                                                                                        91361.                                                the Content Outlines for the Series 50,
                                               Municipal Fund [File No. 811–21884]
                                                                                                        Triloma EIG Energy Income Fund [File                  Series 51 and Series 53 Examinations
                                                 Summary: Applicant seeks an order
                                               declaring that it has ceased to be an                    No. 811–23040]                                        June 29, 2018.
                                               investment company. On March 23,                           Summary: Applicant, a closed-end                      Pursuant to Section 19(b)(1) of the
                                               2018, applicant made a liquidating                       investment company, seeks an order                    Securities Exchange Act of 1934 (the


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                                                                                  Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices                                            31581

                                               ‘‘Act’’ or ‘‘Exchange Act’’) 1 and Rule                   amendments to the tax code following                  Sections A, B, and C below, of the most
                                               19b–4 thereunder,2 notice is hereby                       the enactment of the Jobs Act; 6 and (iii)            significant aspects of such statements.
                                               given that on June 25, 2018 the                           revisions to the content outlines for the
                                                                                                                                                               A. Self-Regulatory Organization’s
                                               Municipal Securities Rulemaking Board                     Municipal Securities Principal
                                                                                                                                                               Statement of the Purpose of, and
                                               (the ‘‘MSRB’’ or ‘‘Board’’) filed with the                Qualification Examination (‘‘Series 53
                                                                                                                                                               Statutory Basis for, the Proposed Rule
                                               Securities and Exchange Commission                        exam’’) and Municipal Advisor
                                               (‘‘Commission’’) the proposed rule                                                                              Change
                                                                                                         Representative Qualification
                                               change as described in Items I, II, and                   Examination (‘‘Series 50 exam’’) 7 to                 1. Purpose
                                               III below, which Items have been                          delete or update subject matter topics to                The MSRB is charged with setting
                                               prepared by the MSRB. The                                 reflect current references and                        professional qualification standards for
                                               Commission is publishing this notice to                   nomenclatures and to update current                   brokers, dealers, and municipal
                                               solicit comments on the proposed rule                     rule citations as part of the MSRB’s                  securities dealers (collectively,
                                               change from interested persons.                           periodic review of its content outlines               ‘‘dealers’’), and municipal advisors.
                                               I. Self-Regulatory Organization’s                         (collectively, the ‘‘proposed revisions to            Specifically, Section 15B(b)(2)(A) of the
                                               Statement of the Terms of Substance of                    the content outlines’’). The MSRB is not              Act authorizes the MSRB to prescribe
                                               the Proposed Rule Change                                  proposing any textual changes to its                  ‘‘standards of training, experience,
                                                                                                         rules.                                                competence, and such other
                                                  The MSRB filed with the Commission
                                                                                                            The proposed revisions to the content              qualifications as the Board finds
                                               proposed (i) revisions to the content
                                                                                                         outlines have been filed for immediate                necessary or appropriate in the public
                                               outline and selection specifications for
                                                                                                         effectiveness pursuant to Section                     interest or for the protection of investors
                                               the Municipal Securities Representative
                                                                                                         19(b)(3)(A) of the Act 8 and Rule 19b–                and municipal entities or obligated
                                               Qualification Examination (‘‘Series 52
                                                                                                         4(f)(1) thereunder.9 The implementation               persons.’’ 10 A professional qualification
                                               exam’’) 3 to remove general securities
                                                                                                         date for the revised Series 52 exam                   examination is intended to determine
                                               knowledge content as part of
                                                                                                         content outline and selection                         whether an individual meets the
                                               modifications to the MSRB’s
                                               qualification examination program; 4 (ii)                 specifications will be October 1, 2018,               MSRB’s required qualification
                                               revisions to the content outline for the                  to coincide with the modifications to                 standards. More specifically, the MSRB
                                               Municipal Fund Securities Limited                         the MSRB’s qualification examination                  has developed professional qualification
                                               Principal Qualification Examination                       program and launch of the SIE exam,                   examinations that are designed to
                                               (‘‘Series 51 exam’’) to reflect changes to                while the technical amendments to the                 establish that persons associated with a
                                               laws, rules and regulations covered by                    content outlines for the Series 50 exam,              dealer who engage in municipal
                                               the examination 5 in response to                          Series 51 exam and Series 53 exam will                securities activities and persons
                                                                                                         be announced by the MSRB and                          associated with a municipal advisor
                                                 1 15  U.S.C. 78s(b)(1).                                 implemented no sooner than 30 days                    who engage in municipal advisory
                                                 2 17  CFR 240.19b–4.                                    after filing with the SEC.                            activities have demonstrated minimum
                                                  3 The Series 52 exam selection specifications have        The text of the proposed rule change               levels of competence and knowledge of
                                               been submitted to the Commission under a separate         is available on the MSRB’s website at                 the municipal market activities they
                                               cover with a request for confidential treatment
                                               pursuant to SEC Rule 24b–2. The MSRB also is              www.msrb.org/Rules-and-                               engage in, as well as the regulatory
                                               proposing corresponding revisions to the bank of          Interpretations/SEC-Filings/2018-                     requirements applicable to a particular
                                               examination questions for the Series 52 exam. The         Filings.aspx, at the MSRB’s principal                 qualification category.
                                               MSRB is submitting this filing for immediate              office, and at the Commission’s Public                   The content outline for each MSRB
                                               effectiveness pursuant to Section 19(b)(3)(A) of the
                                               Act and Rule 19b–4(f)(1) thereunder and, based on         Reference Room.                                       examination serves as a guide to the
                                               established instructions from the Commission staff,                                                             subject matter tested on the examination
                                                                                                         II. Self-Regulatory Organization’s
                                               is not filing the Series 52 exam question bank for                                                              and prescribes the baseline knowledge
                                               Commission review. See Letter to Diane G. Klinke,         Statement of the Purpose of, and
                                                                                                                                                               required in each functional area that is
                                               General Counsel, MSRB, from Belinda Blaine,               Statutory Basis for, the Proposed Rule
                                               Associate Director, Division of Market Regulation,                                                              specific to the role and responsibilities
                                                                                                         Change
                                               SEC, dated July 24, 2000. The question bank is                                                                  of associated persons. In addition, the
                                               otherwise available for Commission review.                  In its filing with the Commission, the              MSRB provides sample questions in the
                                                  4 On June 8, 2018, the MSRB filed amendments
                                                                                                         MSRB included statements concerning                   content outlines that are similar to the
                                               to MSRB Rule G–3, on professional qualification
                                               requirements, to modify the MSRB’s qualification
                                                                                                         the purpose of and basis for the                      type of questions that may be found on
                                               examination program by, among other things,               proposed rule change and discussed any                an examination. The MSRB periodically
                                               accepting the Financial Industry Regulatory               comments it received on the proposed                  reviews the content outline for each
                                               Authority’s (FINRA) Securities Industry Essentials        rule change. The text of these statements             examination to determine whether
                                               Examination (‘‘SIE exam’’) as a prerequisite to
                                               qualification as a municipal securities
                                                                                                         may be examined at the places specified               revisions are necessary or appropriate in
                                               representative and further tailor the Series 52 exam      in Item IV below. The MSRB has                        light of changes to rules or rule
                                               as a specialized knowledge exam. The SIE exam, a          prepared summaries, set forth in                      interpretations, or subject matter
                                               general knowledge exam, will test fundamental                                                                   covered by the examinations.
                                               securities-related knowledge, including knowledge
                                               of basic products, the structure and function of the      plans’’ to reflect that the tax code now allows for      The MSRB is proposing to standardize
                                               securities industry, the regulatory agencies and          money saved in a 529 plan to be used for qualified    certain information that appears across
                                               their functions. See Exchange Act Release No.             K–12 education expenses.                              the content outlines for the Series 50
                                                                                                           6 Public Law 115–97, 131 Stat. 2054 (2017).
                                               83483 (June 20, 2018) (Notice of Filing and                                                                     exam, Series 51 exam, Series 52 exam
                                                                                                           7 In addition to these examinations, the MSRB is
                                               Immediate Effectiveness) (SR–MSRB–2018–04).
                                                                                                                                                               and Series 53 exam as well as to make
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                                                  5 MSRB staff reviewed the Series 51 exam bank          in the process of developing another professional
                                               and removed or updated the impacted questions             qualification examination, the Municipal Advisor      technical changes to the format of each
                                               relating to 529 plans and municipal fund securities       Principal Qualification Examination (Series 54        of the exam content outlines.
                                               to align with the Tax Cuts and Jobs Act of 2017           exam). The MSRB anticipates filing a proposed rule    Specifically, the proposed revisions
                                               (‘‘Jobs Act’’) effective date of January 1, 2018. Thus,   change regarding the development of the Series 54
                                                                                                         exam, including a proposed content outline, in        applicable to each content outline are as
                                               because of the changes to the affected examination
                                               items, revisions to the Series 51 exam content            August 2018.                                          follows: (i) Update the introductory
                                                                                                           8 15 U.S.C. 78s(b)(3)(A).
                                               outline are required. For example, deleting the term
                                               ‘‘college’’ from the phrase ‘‘529 college savings           9 17 CFR 240.19b–4(f)(1).                             10 15   U.S.C. 78o–4(b)(2)(A).



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                                               31582                             Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices

                                               statement to clarify the intended goal of                from three and one-half hours to two                  Part 1: Municipal Securities
                                               the content outline; (ii) streamline                     and one-half hours. As currently is the                  • The parenthetical to the topic
                                               details regarding the purpose of the                     case, each multiple-choice question                   header is being revised from 57% to
                                               examination and the review process of                    would be worth one point and the                      60%.
                                               the examination question bank; (iii)                     passing score will remain 70%.                           • The following subtopics are being
                                               provide information on the intention of                     Below is a summary of the proposed                 revised:
                                               pretesting questions; (iv) retire old                    revisions to the Series 52 exam content                  Æ 1.2.1.1 on ‘‘method of quotations’’
                                               sample questions and provide a new set                   outline, which removes duplicative                    is being revised to add ‘‘bid/ask
                                               of sample questions for each exam; and                   general knowledge content that will                   spread;’’
                                               (v) replace the current list of reference                appear on the SIE exam, and updates or                   Æ 1.3.1.2.4 the acronym ‘‘EMMA’’ is
                                               materials with a list of government and                  deletes reference information appearing               being revised to ‘‘Electronic Municipal
                                               self-regulatory organization websites.                   on the outline to provide greater clarity             Market Access website;’’
                                                 A more detailed summary of changes                     on topic areas covered on the exam. As                   Æ 1.3.1.2.5 on ‘‘new issue wires’’ is
                                               to the content outline for each                          previously referenced, the selection                  being revised to ‘‘new issue/
                                               examination is outlined below.                           specifications for the Series 52 exam                 commitment wires;’’
                                               Revisions to the Current Series 52                       submitted to the Commission under a                      Æ 1.3.2.2 on ‘‘information sources’’ is
                                               Content Outline                                          separate cover describe additional                    being revised to remove the phrase
                                                                                                        confidential information regarding the                ‘‘alternative trading systems (ATS)’’ and
                                                  With the recently filed rule change to
                                                                                                        Series 52 exam.                                       the phrase is being added to 1.3.2.3 on
                                               modify the MSRB’s professional
                                                                                                                                                              the subtopic of ‘‘market participants;’’
                                               qualification examination program,11 as                  Contents Page                                            Æ 1.3.2.4.1 on ‘‘kinds of transactions’’
                                               of October 1, 2018, the new,
                                                                                                           • Subtopics area being removed                     is being revised to add ‘‘riskless
                                               restructured examination format for the
                                                                                                        under each topic header.                              principal;’’ and
                                               Series 52 exam will require individuals
                                                                                                                                                                 Æ 1.3.3.1 on ‘‘published indices’’ is
                                               to take and pass the SIE exam 12 and the                    • Part 2 on ‘‘U.S. Government,                     being revised to add the abbreviation for
                                               revised Series 52 exam to be qualified                   Federal Agency and Other Financial                    ‘‘ICE’’ to the parenthetical for ‘‘London
                                               as a municipal securities representative                 Instruments’’ is being removed; the                   Interbank Offered Rate.’’
                                               pursuant to Rule G–3.13 The MSRB’s                       other parts are being renumbered                         • Subtopic headers 1.5.2 on
                                               Series 52/53 Subcommittee of the                         accordingly.14                                        ‘‘relationship of bond prices to change
                                               Professional Qualification Advisory
                                               Committee has worked to revise the                          • The following attachments:                       in maturity’’ and 1.5.9 on ‘‘day-count
                                                                                                        ‘‘Attachment A: Contents of a Typical                 basis of computations of dollar price
                                               Series 52 exam question bank and
                                                                                                        Notice of Bond Sale’’ and ‘‘Attachment                and accrued interest’’ are being
                                               content outline to reduce areas of
                                                                                                        B: Outline of a Typical Official                      removed; and the section renumbered
                                               duplication with the content to be tested
                                                                                                        Statement’’ are being removed in                      accordingly.
                                               on the SIE exam. Upon the filing of the
                                               proposed revisions to the content                        addition to references to the                         Part 2: Economic Activity, Government
                                               outlines, the MSRB will make available                   attachments within the outline.                       Policy and the Behavior of Interest Rates
                                               on its website, in addition to the current                  • ‘‘Reference Material’’ is being
                                                                                                                                                                 • The parenthetical to the topic
                                               Series 52 exam content outline, the                      revised to ‘‘References.’’
                                                                                                                                                              header is being revised from 13% to
                                               revised Series 52 exam content outline                                                                         14%.
                                                                                                        Introduction
                                               that will apply to the revised Series 52                                                                          • Topic headers and subtopics are
                                               exam effective October 1, 2018.                          The Examination                                       being renumbered in their entirety from
                                               Individuals who open an exam                                                                                   part 3 to part 2.
                                               enrollment window prior to October 1,                       • The percentages assigned to each
                                                                                                        topic on the Series 52 exam are being                    • Under the topic header ‘‘monetary
                                               2018 will be enrolling to take the                                                                             policy’’ the subtopics on ‘‘objectives of
                                               current Series 52 exam, whereas                          adjusted due to the deletion of the topic
                                                                                                        ‘‘U.S. Government, Federal Agency and                 Federal Reserve monetary policy;’’
                                               individuals who open an exam                                                                                   ‘‘operating tools of the Federal Reserve;’’
                                               enrollment window on or after October                    Other Financial Instruments’’ with the
                                                                                                        (4%) weighting for that topic reallocated             and ‘‘operations of the Federal Reserve’’
                                               1, 2018 will be enrolling to take the                                                                          are being removed.
                                               revised Series 52 exam as well as the                    to other topic areas; the revised
                                               SIE exam.                                                percentages for each topic area will be:              Part 3: Securities Laws and Regulations
                                                  The number of scored questions on                     Municipal Securities—(60%); Economic
                                                                                                        Activity, Government Policy and the                      • Topic headers and subtopics are
                                               the revised Series 52 exam will be                                                                             being renumbered in their entirety from
                                               reduced from 115 multiple-choice                         Behavior of Interest Rates—(14%); and
                                                                                                        Securities Laws and Regulations—                      part 4 to part 3.
                                               questions to 75 multiple-choice                                                                                   • Topic headers on 4.2–4.2.2 on
                                               questions. Additionally, the test time,                  (26%).
                                                                                                                                                              ‘‘SIPC’’ are being removed.
                                               which is the amount of time individuals                     • The reference to the number of                      • The following subtopics are being
                                               would have to complete the                               questions on the Series 52 exam is being              revised:
                                               examination questions, will be reduced                   revised to update the number from 115                    Æ 4.3.4 on ‘‘delivery of investor
                                                                                                        to 75 multiple-choice questions and the               brochure’’ is being revised to ‘‘investor
                                                 11 See supra note 4.                                   time to complete the exam adjusted                    and municipal advisory client education
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                                                 12 FINRA   filed the content outline for the SIE       from ‘‘three and one-half hours’’ to ‘‘two            and protection;’’
                                               exam earlier this year. See Exchange Act Release
                                               No. 82578 (January 24, 2018), 83 FR 4375 (January
                                                                                                        and one-half hours.’’                                    Æ 4.3.7 on ‘‘quotations and sales
                                               30, 2018) (SR–FINRA–2018–002).                                                                                 reports’’ is being revised to ‘‘quotations
                                                 13 An individual does not have to take the SIE           14 The subject matter ‘‘U.S. Government, Federal
                                                                                                                                                              and reports of sales or purchases
                                               exam before taking the revised Series 52 exam, but       Agency and Other Financial Instruments’’ is
                                               an individual will not be qualified as a municipal       proposed for deletion from the Series 52 exam to
                                                                                                                                                              (transaction reporting);’’
                                               securities representative until passing both the SIE     avoid duplication of subject matter that will be         Æ 4.3.8 on ‘‘confirmation, clearance,
                                               exam and the revised Series 52 exam.                     covered on the SIE exam. See supra note 13.           settlement and other uniform practice


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                                                                                 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices                                                31583

                                               requirements’’ is being revised to add                   Part 7: Operations                                    Part 4: Origination and Syndication
                                               the parenthetical ‘‘minimum                                 • The following subtopics are being                   • The following subtopics are being
                                               denominations;’’ and 4.3.10 on ‘‘best                    revised:                                              revised:
                                               execution’’ is being revised to add the                     Æ 7.1 on ‘‘confirmation of                            Æ 4.1 on ‘‘financial advisors’’ is being
                                               parenthetical ‘‘execution quality.’’                     transactions’’ is being revised to                    revised to ‘‘activities of financial
                                                  • Topic headers 4.3.25 on                             ‘‘confirmation, clearance, settlement                 advisors;’’
                                               ‘‘calculations;’’ 4.3.29 on                              and other uniform practice requirements                  Æ 4.2. on ‘‘new issue syndicate
                                               ‘‘telemarketing;’’ and 4.3.30 on ‘‘anti-                 with respect to transactions with                     practices’’ is being revised to ‘‘primary
                                               money laundering compliance program’’                    customers;’’ and                                      offering practices;’’
                                               are being removed.                                          Æ 7.3 on ‘‘books and records’’ is being               Æ 4.2.3 on ‘‘disclosures in connection
                                                                                                        revised to ‘‘books and records to be                  with new issues’’ is being revised to
                                               Revisions to Other MSRB Content
                                                                                                        made by brokers, dealers, and municipal               ‘‘disclosures in connection with primary
                                               Outlines
                                                                                                        securities dealers and municipal                      offerings;’’ and
                                                 Below is a summary of the proposed                     advisors.’’                                              Æ 4.2.3.2 on ‘‘underwriter
                                               revisions to the content outlines for the                                                                      submissions to EMMA’’ is revised to
                                                                                                        Municipal Securities Principal
                                               Series 50 exam, Series 51 exam and                                                                             spell out ‘‘EMMA’’ as ‘‘Electronic
                                                                                                        Examination—Series 53
                                               Series 53 exam as part of the MSRB’s                                                                           Municipal Market Access.’’
                                               periodic review of the content outlines                  Introduction
                                               for its examinations. The proposed                                                                             Part 5: Trading
                                                                                                          • Footnote 1 on referenced MSRB
                                               revisions to the content outlines are                    rules is being removed and all other                     • The subtopic header 5.5 on
                                               technical in nature to delete or update                  footnotes renumbered.                                 ‘‘recordkeeping responsibilities’’ is
                                               topics to reflect current references and                                                                       being revised to ‘‘books and records to
                                               nomenclatures and to update current                      Part 2: General Supervision                           be made by brokers, dealers, municipal
                                               rule requirements and citations where                       • The following subtopics are being                securities dealers and municipal
                                               identified. The proposed revisions to                    revised:                                              advisors.’’
                                               the content outlines for the Series 50                      Æ 2.2.1.5. on ‘‘classification of
                                                                                                                                                              Municipal Advisor Representative
                                               exam, Series 51 exam and Series 53                       principals and representatives and
                                                                                                                                                              Examination—Series 50
                                               exam do not alter the content,                           qualification requirements’’ is being
                                               specifications or scoring of these                       revised to ‘‘professional qualification                  • Section headers revised from
                                               examinations.                                            requirements;’’                                       ‘‘function’’ to ‘‘part;’’ references to
                                                                                                           Æ 2.4.1.1 on ‘‘fair dealing rule’’ is              ‘‘college’’ removed from ‘‘529 savings
                                               Municipal Fund Securities                                being revised to ‘‘conduct of municipal               plans.’’
                                               Representative Examination—Series 51                     securities and municipal advisory
                                                                                                                                                              Eligibility Requirements
                                               Introduction                                             activities;’’
                                                                                                           Æ 2.4.3 on ‘‘gifts and gratuities’’ is                • The sentence, ‘‘In order to register
                                                 • Footnote 1 referencing Rule D–12 is                  being revised to ‘‘gifts, gratuities, non-            for the Series 50 examination, a
                                               being removed.                                           cash compensation and expenses of                     candidate must be associated with a
                                               Part 2: Product Knowledge                                issuance;’’ and                                       municipal advisor firm that is registered
                                                                                                           Æ 2.4.4 on ‘‘political contributions               with both the Securities and Exchange
                                                  • Subtopic header 2.3.2 on ‘‘529                      and prohibition from engaging in                      Commission and the MSRB’’ is being
                                               college savings plans’’ is being revised                 municipal securities business’’ is being              removed to reflect changes in processes
                                               to ‘‘529 savings plans.’’                                revised to ‘‘political contributions and              post-September 12, 2017.
                                                  • Under the subtopic header 2.3.2.1                   prohibitions on municipal securities                     More specifically, the above
                                               on ‘‘federal tax law issues’’ the term                   business.’’                                           referenced sentence refers to the
                                               ‘‘higher’’ is being removed as part of the                  • Under the subtopic header 2.4.6.4                eligibility requirement that was put into
                                               explanatory description.                                 on ‘‘product advertisements for                       place during the period in which
                                                  • Under the subtopic header 2.3.3 on                  municipal fund securities’’ the term                  persons were able to engage in
                                               ‘‘education savings alternatives’’ the                   ‘‘college’’ is being removed from the                 municipal advisory activities on behalf
                                               term ‘UGMA’’ is being removed as part                    parenthetical phrase ‘‘including 529                  of a municipal advisor prior to being
                                               of the explanatory description.                          college savings plans.’’                              qualified as a municipal advisor
                                               Part 3: General Supervision                              Part 3: Sales Supervision                             representative. Currently, an individual
                                                                                                                                                              must take and pass the Series 50 exam
                                                  • Topic header 3.2 on ‘‘availability of                 • The following subtopics are being                 prior to engaging in municipal advisory
                                               MSRB rules’’ is being revised to                         revised:                                              activities on behalf of a municipal
                                               ‘‘availability of Board rules.’’                           Æ 3.3.4 on ‘‘sophisticated municipal                advisor.15
                                                                                                        market professionals (SMMP)’’ is being                   As noted above, the MSRB has
                                               Part 4: Fair Practice and Conflicts of
                                                                                                        revised to ‘‘transactions with                        designated the proposed revisions to the
                                               Interest
                                                                                                        sophisticated municipal market                        content outlines for immediate
                                                 • Subtopic header 4.3.1 on ‘‘fair                      professionals (SMMP);’’                               effectiveness. The implementation date
                                               dealing’’ is being revised to ‘‘conduct of                 Æ 3.4.5 on ‘‘prohibition against                    for the revised Series 52 exam content
                                               municipal securities and municipal                       reciprocal dealings with municipal                    outline and selection specifications will
                                               advisory activities.’’                                   securities investment companies’’ is                  be October 1, 2018, to coincide with the
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                                                                                                        being revised to ‘‘reciprocal dealings                modifications to the MSRB’s
                                               Part 5: Sales Supervision
                                                                                                        with municipal securities investment                  qualification examination program,
                                                 • Subtopic header 5.5.3 on ‘‘delivery                  companies;’’ and                                      while the technical amendments to the
                                               of MSRB investor brochure’’ is being                       Æ 3.6.3 on ‘‘delivery of investor
                                               revised to ‘‘investor and municipal                      brochure’’ is being revised to ‘‘investor               15 See FAQs on Municipal Advisor Professional
                                               advisory client education and                            and municipal advisory client education               Qualification and Examination Requirements (May
                                               protection.’’                                            and protection.’’                                     2018).



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                                               31584                             Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices

                                               content outlines for the Series 50 exam,                 consistent with the purpose of Section                     C. Self-Regulatory Organization’s
                                               Series 51 exam and Series 53 exam will                   15B(b)(2)(A) of the Act 20 because                         Statement on Comments on the
                                               be announced by the MSRB and                             providing individuals with a current                       Proposed Rule Change Received From
                                               implemented no sooner than 30 days                       guide to the subject matter covered on                     Members, Participants, or Others
                                               after filing with the SEC.                               the examinations can aid individuals’                        Written comments were neither
                                                                                                        preparation for such professional                          solicited nor received.
                                               2. Statutory Basis
                                                                                                        qualification examinations and
                                                  The MSRB believes that the proposed                   facilitates standards of competence in                     III. Date of Effectiveness of the
                                               revisions to the content outlines are                    furtherance of the public interest.                        Proposed Rule Change and Timing for
                                               consistent with Section 15B(b)(2)(A) of                    The proposed revisions to the Series                     Commission Action
                                               the Act,16 which authorizes the MSRB                     52 exam content outline together with                         The foregoing proposed rule change
                                               to prescribe ‘‘standards of training,                    the MSRB’s larger effort to modify its                     has become effective pursuant to
                                               experience, competence, and such other                   current qualification program are                          Section 19(b)(3)(A) of the Act 23 and
                                               qualifications as the Board finds                        designed to achieve the stated objective                   paragraph (f)(1) of Rule 19b–4
                                               necessary or appropriate in the public                   of Section 15B(b)(2)(C) of the Act 21 to                   thereunder.24 At any time within 60
                                               interest or for the protection of investors              foster the prevention of fraudulent                        days of the filing of the proposed rule
                                               and municipal entities or obligated                      practices by enhancing the overall                         change, the Commission summarily may
                                               persons’’ and Section 15B(b)(2)(C) of the                professional qualification program and                     temporarily suspend such rule change if
                                               Act,17 which requires, among other                       establishing standards for professionals                   it appears to the Commission that such
                                               things, that MSRB rules ‘‘be designed to                 in the municipal securities market.                        action is necessary or appropriate in the
                                               prevent fraudulent and manipulative                      Additionally, ensuring municipal                           public interest, for the protection of
                                               acts and practices, to promote just and                  securities professionals are familiar with                 investors, or otherwise in furtherance of
                                               equitable principles of trade, . . . and,                the rules and regulations that would be                    the purposes of the Act.
                                               in general, to protect investors,                        applicable to their role and
                                               municipal entities, obligated persons,                   responsibilities in the municipal                          IV. Solicitation of Comments
                                               and the public interest. . .’’ Section                   securities market is in furtherance of                       Interested persons are invited to
                                               15B(b)(2)(A) of the Act 18 provides the                  and consistent with Section 15B(b)(2)(C)                   submit written data, views, and
                                               MSRB with authority to establish                         of the Act 22 to facilitate the prevention                 arguments concerning the foregoing,
                                               standards of competence. The MSRB’s                      of fraudulent practices.                                   including whether the proposed rule
                                               professional qualification examinations                                                                             change is consistent with the Act.
                                                                                                        B. Self-Regulatory Organization’s
                                               are designed to measure knowledge of                                                                                Comments may be submitted by any of
                                                                                                        Statement on Burden on Competition
                                               the business activities and the                                                                                     the following methods:
                                               regulatory requirements, including                          The MSRB does not believe that the
                                               MSRB rules, rule interpretations and                     proposed revisions to the content                          Electronic Comments
                                               federal law, applicable to a particular                  outlines will result in any burden on                        • Use the Commission’s internet
                                               qualification category.                                  competition that is not necessary or                       comment form (http://www.sec.gov/
                                                  The proposed revisions to the Series                  appropriate in furtherance of the                          rules/sro.shtml); or
                                               52 exam content outline and selection                    purposes of the Act. The proposed                            • Send an email to rule-comments@
                                               specifications are consistent with                       revisions to the Series 52 exam content                    sec.gov. Please include File Number SR–
                                               Section 15B(b)(2)(A) of the Act 19                       outline and changes to the selection                       MSRB–2018–05 on the subject line.
                                               because ensuring the Series 52 exam is                   specifications for the Series 52 exam to
                                                                                                                                                                   Paper Comments
                                               uniquely tailored to the relevant laws,                  reflect a more tailored Series 52 exam
                                               rules and regulations of the municipal                   would ensure the standard for                                • Send paper comments in triplicate
                                               securities market ensures that municipal                 qualification remains robust to maintain                   to Secretary, Securities and Exchange
                                               securities representatives attain a                      an efficient and effective qualification                   Commission, 100 F Street NE,
                                               specified level of competence that                       examination program. Additionally, the                     Washington, DC 20549.
                                               would be appropriate and in furtherance                  proposed revisions to the content                          All submissions should refer to File
                                               of the public interest. Additionally,                    outlines for the Series 50 exam, Series                    Number SR–MSRB–2018–05. This file
                                               removal of the general securities                        51 exam and Series 53 exam remain in                       number should be included on the
                                               knowledge content currently on the                       alignment with the functions and                           subject line if email is used. To help the
                                               Series 52 exam would provide the                         associated tasks currently performed by                    Commission process and review your
                                               MSRB with greater flexibility to adapt                   municipal securities representatives,                      comments more efficiently, please use
                                               the Series 52 exam to more specifically                  municipal fund securities limited                          only one method. The Commission will
                                               address municipal securities knowledge                   principals, municipal securities                           post all comments on the Commission’s
                                               and, in doing so, deepening municipal                    principals and municipal advisor                           internet website (http://www.sec.gov/
                                               professionals’ knowledge base in the                     representatives as well as serve as a                      rules/sro.shtml). Copies of the
                                               interest of investor protection. Also,                   guide to the subject matter tested on the                  submission, all subsequent
                                               proposed revisions to the content                        examinations with respect to the                           amendments, all written statements
                                               outlines for MSRB-owned examinations                     relevant laws, rules and regulations.                      with respect to the proposed rule
                                               (the Series 50 exam, Series 51 exam and                  Additionally, the proposed revisions to                    change that are filed with the
                                               Series 53 exam) to reflect current                       the content outlines for the Series 50                     Commission, and all written
                                               references and nomenclatures and to                      exam, Series 51 exam and Series 53                         communications relating to the
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                                               update current rule requirements and                     exam do not alter the content,                             proposed rule change between the
                                               citations where identified are likewise                  specifications or scoring of these                         Commission and any person, other than
                                                                                                        examinations.                                              those that may be withheld from the
                                                 16 15  U.S.C. 78o–4(b)(2)(A).                                                                                     public in accordance with the
                                                 17 15  U.S.C. 78o–4(b)(2)(C).                               20 Id.
                                                 18 15 U.S.C. 78o–4(b)(2)(A).                                21 15    U.S.C. 78o–4(b)(2)(C).                         23 15   U.S.C. 78s(b)(3)(A).
                                                 19 Id.                                                      22 Id.                                                  24 17   CFR 240.19b–4(f)(1).



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                                                                                 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices                                                  31585

                                               provisions of 5 U.S.C. 552, will be                      I. Self-Regulatory Organization’s                     well as certain supplementary changes
                                               available for website viewing and                        Statement of the Terms of Substance of                throughout Rules 5P and 8P, to conform
                                               printing in the Commission’s Public                      the Proposed Rule Change                              to the rules of the Exchange’s affiliate,
                                               Reference Room, 100 F Street NE,                            The Exchange proposes to to [sic]                  NYSE National, Inc. (‘‘NYSE National’’).
                                               Washington, DC 20549 on official                         amend its rules to (1) provide for the                Background
                                               business days between the hours of                       listing of exchange traded products
                                               10:00 a.m. and 3:00 p.m. Copies of the                   (‘‘ETPs’’) that do not have any                          Currently, the Exchange trades ETPs
                                               filing also will be available for                        component NMS Stock 4 that is listed on               on an UTP basis only pursuant to Rules
                                               inspection and copying at the principal                  the Exchange or that is based on, or                  5P and 8P.5 In the NYSE ETP Listing
                                               office of the MSRB. All comments                         represents an interest in, an underlying              Rules Filing, the Exchange represented
                                               received will be posted without change.                  index or reference asset that includes an             that Rules 5P and 8P would contain
                                               Persons submitting comments are                          NMS Stock listed on the Exchange; (2)                 initial and continued listing and trading
                                               cautioned that we do not redact or edit                  delete certain redundant listing rules                requirements for ETPs, but that they
                                               personal identifying information from                    that would be superseded by these                     would apply only to the trading
                                               comment submissions. You should                          initial and continued listing and trading             pursuant to UTP of ETPs on the
                                               submit only information that you wish                    requirements for the listing of ETPs; and             Exchange.6 Accordingly, the Exchange
                                               to make available publicly. All                          (3) make changes to its unlisted trading              included preambles to both Rules 5P
                                               submissions should refer to File                         privileges (‘‘UTP’’) Rule 5.1(a)(2), as               and 8P that provide that ‘‘the provisions
                                               Number SR–MSRB–2018–05 and should                        well as certain supplementary changes                 of this Rule [5P/8P] shall apply to the
                                               be submitted on or before July 27,2018.                  throughout Rules 5P and 8P, to conform                trading pursuant to UTP of Exchange
                                                                                                        to the rules of the Exchange’s affiliate,             Traded Products on the Exchange. This
                                                 For the Commission, pursuant to delegated              NYSE National, Inc. (‘‘NYSE National’’).              Rule [5P/8P] shall not apply to the
                                               authority.25                                             The proposed rule change is available                 listing of Exchange Traded Products on
                                               Eduardo A. Aleman,                                       on the Exchange’s website at                          the Exchange.’’ Rule 5.1(a)(1), which
                                               Assistant Secretary.                                     www.nyse.com, at the principal office of              was adopted in the NYSE ETP Listing
                                               [FR Doc. 2018–14469 Filed 7–5–18; 8:45 am]               the Exchange, and at the Commission’s                 Rules Filing, further provides that ‘‘the
                                               BILLING CODE 8011–01–P
                                                                                                        Public Reference Room.                                provisions of Rules 5P and 8P that
                                                                                                        II. Self-Regulatory Organization’s                    permit the listing of Exchange Traded
                                                                                                        Statement of the Purpose of, and                      Products would not be effective until
                                               SECURITIES AND EXCHANGE                                  Statutory Basis for, the Proposed Rule                the Exchange files a proposed rule
                                               COMMISSION                                               Change                                                change to amend its rules to comply
                                                                                                           In its filing with the Commission, the             with Rules 10A–3 and 10C–1 under the
                                               [Release No. 34–83560; File No. SR–NYSE–                 self-regulatory organization included                 Exchange Act and to incorporate
                                               2018–30]                                                 statements concerning the purpose of,                 qualitative listing criteria, and such
                                                                                                        and basis for, the proposed rule change               proposed rule change is approved by the
                                               Self-Regulatory Organizations; New                       and discussed any comments it received                Commission.’’ Because Rules 5P and 8P
                                               York Stock Exchange LLC; Notice of                       on the proposed rule change. The text                 were designed to support the trading of
                                               Filing of Proposed Rule Change To                        of those statements may be examined at                ETPs on a UTP basis only, the Exchange
                                               Provide for the Listing of Exchange                      the places specified in Item IV below.                did not change any of its rules relating
                                               Traded Products With No Component                        The Exchange has prepared summaries,                  to the listing of ETPs.
                                               NMS Stock Listed on the Exchange,                        set forth in sections A, B, and C below,              Proposed Rule Changes To Provide for
                                               Amend Its Rules Regarding Unlisted                       of the most significant parts of such                 Listing of Certain ETPs
                                               Trading Privileges, and Make                             statements.
                                               Corresponding Changes                                                                                            The Exchange is proposing to list
                                                                                                        A. Self-Regulatory Organization’s
                                                                                                                                                              certain ETPs. Specifically, the Exchange
                                               June 29, 2018.                                           Statement of the Purpose of, and the
                                                                                                                                                              proposes to list ETPs that meet the
                                                                                                        Statutory Basis for, the Proposed Rule
                                                  Pursuant to Section 19(b)(1) 1 of the                                                                       requirements of Rules 5P and 8P,
                                                                                                        Change
                                               Securities Exchange Act of 1934                                                                                provided such ETPs do not have any
                                               (‘‘Act’’) 2 and Rule 19b–4 thereunder,3                  1. Purpose                                            component NMS Stock that is listed on
                                               notice is hereby given that, on June 15,                    The Exchange proposes to amend its                 the Exchange or that is based on, or
                                               2018, New York Stock Exchange LLC                        rules to provide for the listing of                   represents an interest in, an underlying
                                               (‘‘NYSE’’ or the ‘‘Exchange’’) filed with                Exchange Traded Products (‘‘ETPs’’)                   index or reference asset that includes an
                                               the Securities and Exchange                              that do not have any component NMS
                                                                                                                                                                 5 See, Securities Exchange Act Release No. 80214
                                               Commission (‘‘Commission’’) the                          Stock that is listed on the Exchange or
                                                                                                                                                              (March 10, 2017), 82 FR 14050 (March 16, 2017)
                                               proposed rule change as described in                     that is based on, or represents an                    (SR–NYSE–2016–44) (Approval Order) (‘‘NYSE ETP
                                               Items I and II below, which Items have                   interest in, an underlying index or                   Listing Rules Filing’’). In connection with the
                                               been prepared by the self-regulatory                     reference asset that includes an NMS                  Exchange’s implementation of Pillar for Tape B and
                                                                                                        Stock listed on the Exchange; (2) delete              C securities, NYSE filed several additional rule
                                               organization. The Commission is                                                                                changes. See Securities Exchange Act Release Nos.
                                               publishing this notice to solicit                        certain redundant listing rules that                  76803 (December 30, 2015), 81 FR 536 (January 6,
                                                                                                        would be superseded by these initial
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                                               comments on the proposed rule change                                                                           2016) (SR–NYSE–2015–67) (Notice of Filing and
                                               from interested persons.                                 and continued listing and trading                     Immediate Effectiveness of Proposed Rule Change);
                                                                                                        requirements for the listing of ETPs; and             81225 (July 27, 2017), 82 FR 36033 (August 2, 2017)
                                                                                                                                                              (SR–NYSE–2017–35) (Notice of Filing and
                                                                                                        (3) make changes to its unlisted trading              Immediate Effectiveness of Proposed Rule Change);
                                                 25 17 CFR 200.30–3(a)(12).                             privileges (‘‘UTP’’) Rule 5.1(a)(2), as               and 82945 (March 26, 2018), 83 FR 13553 (March
                                                 1 15 U.S.C. 78s(b)(1).                                                                                       29, 2018) (SR–NYSE–2017–36) (Approval Order)
                                                 2 15 U.S.C. 78a.                                        4 NMS Stock is defined in Rule 600 of Regulation     (‘‘NYSE Trading Rules Filing’’).
                                                 3 17 CFR 240.19b–4.                                    NMS, 17 CFR 242.600(b)(47).                              6 See id. NYSE ETP Listing Rules Filing.




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Document Created: 2018-07-06 00:46:42
Document Modified: 2018-07-06 00:46:42
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 Citation83 FR 31580 

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