83_FR_4395 83 FR 4375 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the New Securities Industry Essentials Examination

83 FR 4375 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the New Securities Industry Essentials Examination

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 20 (January 30, 2018)

Page Range4375-4377
FR Document2018-01678

Federal Register, Volume 83 Issue 20 (Tuesday, January 30, 2018)
[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Notices]
[Pages 4375-4377]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01678]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82578; File No. SR-FINRA-2018-002]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change Relating to the New Securities Industry Essentials 
Examination

January 24, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on January 12, 2018, Financial Industry Regulatory Authority, Inc. 
(``FINRA'') filed with the Securities and Exchange Commission (``SEC'' 
or ``Commission'') the proposed rule change as described in Items I, 
II, and III below, which Items have been prepared by FINRA. FINRA has 
designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under 
the Act,\3\ which renders the proposal effective upon receipt of this 
filing by the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    FINRA is filing the content outline and selection specifications 
for the new Securities Industry EssentialsTM 
(SIETM) examination.\4\ FINRA is not proposing any textual 
changes to the By-Laws, Schedules to the By-Laws or Rules of FINRA.
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    \4\ FINRA also is establishing the SIE question bank. Based on 
instruction from SEC staff, FINRA is submitting this filing for 
immediate effectiveness pursuant to Section 19(b)(3)(A) of the Act 
and Rule 19b-4(f)(6) thereunder, and is not filing the question 
bank. See Letter to Alden S. Adkins, Senior Vice President and 
General Counsel, NASD Regulation, from Belinda Blaine, Associate 
Director, Division of Market Regulation, SEC, dated July 24, 2000. 
The question bank is available for SEC review.
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    The SIE content outline is attached.\5\ The SIE selection 
specifications have been submitted to the Commission under separate 
cover with a request for confidential treatment pursuant to SEA Rule 
24b-2.\6\
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    \5\ The Commission notes that the content outline is attached to 
the filing, not to this Notice.
    \6\ 17 CFR 240.24b-2.
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    The text of the proposed rule change is available on FINRA's 
website at http://www.finra.org, at the principal office of FINRA and 
at the Commission's Public Reference Room. [sic]

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

    In its filing with the Commission, FINRA 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. FINRA 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Section 15A(g)(3) of the Act \7\ authorizes FINRA to prescribe 
standards of training, experience, and competence for persons 
associated with FINRA members. In accordance with that provision, FINRA 
has developed examinations that are designed to establish that persons 
associated with FINRA members have attained specified levels of 
competence and knowledge, consistent with applicable registration 
requirements under FINRA rules. FINRA periodically reviews the content 
of the examinations to determine whether revisions are necessary or 
appropriate in view of changes pertaining to the subject matter covered 
by the examinations.
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    \7\ 15 U.S.C. 78o-3(g)(3).
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    The SEC recently approved a proposed rule change to restructure the 
FINRA representative-level qualification examination program.\8\ The 
rule change, which will become effective on October 1, 2018,\9\ 
restructures the examination program into a more efficient format 
whereby all new representative-level applicants will be required to 
take a general knowledge examination (the SIE) and a tailored, 
specialized knowledge examination (a revised representative-level 
qualification examination) for their particular registered role. 
Individuals are not required to be associated with a FINRA

[[Page 4376]]

member to be eligible to take the SIE examination. However, passing the 
SIE examination alone will not qualify an individual for registration 
with FINRA. To be eligible for registration, an individual must also be 
associated with a firm, pass an appropriate qualification examination 
for representative or principal and satisfy the other requirements 
relating to the registration process.
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    \8\ See Securities Exchange Act Release No. 81098 (July 7, 
2017), 82 FR 32419 (July 13, 2017) (Order Approving File No. SR-
FINRA-2017-007).
    \9\ See Regulatory Notice 17-30 (SEC Approves Consolidated FINRA 
Registration Rules, Restructured Representative-Level Qualification 
Examinations and Changes to Continuing Education Requirements) 
(October 2017).
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    The restructured program eliminates duplicative testing of general 
securities knowledge on the current representative-level qualification 
examinations by moving such content into the SIE examination.\10\ The 
SIE examination 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 
and regulated and prohibited practices, whereas the revised 
representative-level qualification examinations will test knowledge 
relevant to day-to-day activities, responsibilities and job functions 
of representatives.\11\
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    \10\ Each of the current representative-level examinations 
covers general securities knowledge, with the exception of the 
Research Analyst (Series 86 and 87) examinations.
    \11\ In conjunction with this proposed rule change, FINRA also 
is filing with the Commission the content outlines for the revised 
representative-level qualification examinations.
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    FINRA developed the SIE examination in consultation with a 
committee of industry representatives and representatives of several 
other self-regulatory organizations (``SROs''). Beginning on October 1, 
2018, new applicants seeking to register as representatives must pass 
the SIE examination and a revised representative-level qualification 
examination, such as the revised General Securities Representative 
(Series 7) examination, appropriate to their job functions at the firm 
with which they are associating before their registrations can become 
effective.\12\
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    \12\ FINRA Rule 1220(b) sets forth each representative-level 
registration category and applicable qualification examination.
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SIE Content Outline
    As noted above, FINRA is proposing to move the general securities 
knowledge currently covered on the representative-level qualification 
examinations to the SIE examination. For example, FINRA Rule 3220 
(Influencing or Rewarding Employees of Others) (the Gifts Rule) will 
now be tested on the SIE examination, rather than on the 
representative-level examinations.
    The SIE content outline is divided into four sections. The 
following are the four sections, denoted Section 1 through Section 4, 
with the associated number of questions:
    Section 1: Knowledge of Capital Markets, 12 questions;
    Section 2: Understanding Products and Their Risks, 33 questions;
    Section 3: Understanding Trading, Customer Accounts and Prohibited 
Activities, 23 questions; and
    Section 4: Overview of the Regulatory Framework, 7 questions.
    Each section includes the essential areas of general knowledge. 
There are four areas (1.1-1.4) associated with Section 1; \13\ two 
areas (2.1-2.2) associated with Section 2; \14\ three areas (3.1-3.3) 
associated with Section 3; \15\ and two areas (4.1-4.2) associated with 
Section 4.\16\ For example, one such area of knowledge (subsection 1.3) 
covers economic factors, such as the Federal Reserve Board's impact on 
business activity and market stability.\17\ Further, subsection 2.1 
covers knowledge of the characteristics of the specified securities 
products, such as voting rights associated with equity securities.\18\ 
In addition, each of the four sections lists the applicable laws, rules 
and regulations related to the areas of knowledge. These include 
applicable federal securities laws as well as FINRA rules and rules of 
other SROs. The SIE selection specifications and question bank cover 
the topics in the content outline.
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    \13\ See Exhibit 3a, Outline Pages 3-5. The outline is attached 
as Exhibit 3a to the 19b-4 form.
    \14\ See Exhibit 3a, Outline Pages 6-9.
    \15\ See Exhibit 3a, Outline Pages 10-13.
    \16\ See Exhibit 3a, Outline Pages 14-15.
    \17\ See Exhibit 3a, Outline Pages 3-4.
    \18\ See Exhibit 3a, Outline Pages 6-8.
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    The content outline also includes a preface, which provides: (1) An 
overview of the purpose of the examination; (2) a table of contents and 
general information regarding the structure of the examination; and (3) 
general information regarding the administration of the examination, 
including an explanation that a statistical adjustment process known as 
equating is used in scoring the examination.\19\
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    \19\ See Exhibit 3a, Outline Page 2.
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    The number of questions on the SIE examination will be 75 scored 
multiple-choice questions,\20\ and candidates will have one hour and 45 
minutes to complete the examination. FINRA will publish the passing 
score for the SIE examination on its website, at www.finra.org, prior 
to its first administration.
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    \20\ Consistent with FINRA's practice of including ``pretest'' 
questions on examinations, the SIE examination includes 10 
additional, unidentified pretest questions that do not contribute 
towards the candidate's score. The pretest questions are designed to 
ensure that new examination questions meet acceptable testing 
standards prior to use for scoring purposes. Therefore, the SIE 
examination actually consists of 85 questions, 75 of which are 
scored. The 10 pretest questions are randomly distributed throughout 
the examination.
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Availability of Content Outline
    The SIE content outline will be made available on FINRA's website 
no later than April 1, 2018.
    FINRA is filing the proposed rule change for immediate 
effectiveness. The implementation date will be October 1, 2018, to 
coincide with the implementation of the restructured representative-
level examination program. FINRA will also announce the implementation 
date of the proposed rule change in a Regulatory Notice.
2. Statutory Basis
    FINRA believes that the SIE examination is consistent with the 
provisions of Section 15A(b)(6) of the Act,\21\ which requires, among 
other things, that FINRA rules must be designed to prevent fraudulent 
and manipulative acts and practices, to promote just and equitable 
principles of trade, and, in general, to protect investors and the 
public interest, and Section 15A(g)(3) of the Act,\22\ which authorizes 
FINRA to prescribe standards of training, experience, and competence 
for persons associated with FINRA members. The proposed rule change 
will improve the efficiency of FINRA's representative-level examination 
program, without compromising the qualification standards, by moving 
the general securities knowledge content from the representative-level 
examinations to the SIE examination. The proposed rule change also 
establishes a prerequisite qualification examination that associated 
persons of FINRA members must pass, in addition to passing an 
appropriate representative-level examination, to register and function 
as representatives. Finally, the SIE examination is intended to 
safeguard the investing public by helping to ensure that individuals 
registering as representatives have the requisite general securities 
knowledge.
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    \21\ 15 U.S.C. 78o-3(b)(6).
    \22\ 15 U.S.C. 78o-3(g)(3).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. The SIE

[[Page 4377]]

examination generally covers the same general securities knowledge that 
is currently covered on the representative-level examinations. FINRA 
also provided a detailed economic impact assessment regarding the 
introduction of the SIE examination and the restructuring of the 
representative-level examinations as part of the proposed rule change 
to restructure the FINRA representative-level qualification examination 
program.\23\
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    \23\ See Securities Exchange Act Release No. 80371 (April 4, 
2017), 82 FR 17336 (April 10, 2017) (Notice of Filing of File No. 
SR-FINRA-2017-007).
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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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \24\ and Rule 19b-
4(f)(6) thereunder.\25\
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    \24\ 15 U.S.C. 78s(b)(3)(A).
    \25\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

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-FINRA-2018-002 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2018-002. 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 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 FINRA. 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-FINRA-2018-002 and should be submitted 
on or before February 20, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\26\
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    \26\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-01678 Filed 1-29-18; 8:45 am]
BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Notices                                                    4375

                                               rules/sro.shtml); or Send an email to                   SECURITIES AND EXCHANGE                                 http://www.finra.org, at the principal
                                               rule-comments@sec.gov. Please include                   COMMISSION                                              office of FINRA and at the
                                               File Number SR–FICC–2017–806 on the                                                                             Commission’s Public Reference Room.
                                                                                                       [Release No. 34–82578; File No. SR–FINRA–               [sic]
                                               subject line.
                                                                                                       2018–002]
                                               Paper Comments                                                                                                  II. Self-Regulatory Organization’s
                                                                                                       Self-Regulatory Organizations;                          Statement of the Purpose of, and
                                                 • Send paper comments in triplicate                   Financial Industry Regulatory                           Statutory Basis for, the Proposed Rule
                                               to Secretary, Securities and Exchange                   Authority, Inc.; Notice of Filing and                   Change
                                               Commission, 100 F Street NE,                            Immediate Effectiveness of a Proposed                      In its filing with the Commission,
                                               Washington, DC 20549–1090.                              Rule Change Relating to the New                         FINRA included statements concerning
                                                                                                       Securities Industry Essentials                          the purpose of and basis for the
                                               All submissions should refer to File                    Examination
                                               Number SR–FICC–2017–806. This file                                                                              proposed rule change and discussed any
                                               number should be included on the                        January 24, 2018.                                       comments it received on the proposed
                                                                                                          Pursuant to Section 19(b)(1) of the                  rule change. The text of these statements
                                               subject line if email is used. To help the
                                                                                                       Securities Exchange Act of 1934                         may be examined at the places specified
                                               Commission process and review your                                                                              in Item IV below. FINRA has prepared
                                               comments more efficiently, please use                   (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                                                                                       notice is hereby given that on January                  summaries, set forth in sections A, B,
                                               only one method. The Commission will                                                                            and C below, of the most significant
                                               post all comments on the Commission’s                   12, 2018, Financial Industry Regulatory
                                                                                                                                                               aspects of such statements.
                                               internet website (http://www.sec.gov/                   Authority, Inc. (‘‘FINRA’’) filed with the
                                               rules/sro.shtml). Copies of the                         Securities and Exchange Commission                      A. Self-Regulatory Organization’s
                                               submission, all subsequent                              (‘‘SEC’’ or ‘‘Commission’’) the proposed                Statement of the Purpose of, and the
                                               amendments, all written statements                      rule change as described in Items I, II,                Statutory Basis for, the Proposed Rule
                                                                                                       and III below, which Items have been                    Change
                                               with respect to the Advance Notice that
                                                                                                       prepared by FINRA. FINRA has
                                               are filed with the Commission, and all                                                                          1. Purpose
                                                                                                       designated the proposed rule change as
                                               written communications relating to the                                                                             Section 15A(g)(3) of the Act 7
                                                                                                       constituting a ‘‘non-controversial’’ rule
                                               Advance Notice between the                              change under paragraph (f)(6) of Rule                   authorizes FINRA to prescribe standards
                                               Commission and any person, other than                   19b–4 under the Act,3 which renders                     of training, experience, and competence
                                               those that may be withheld from the                     the proposal effective upon receipt of                  for persons associated with FINRA
                                               public in accordance with the                           this filing by the Commission. The                      members. In accordance with that
                                               provisions of 5 U.S.C. 552, will be                     Commission is publishing this notice to                 provision, FINRA has developed
                                               available for website viewing and                       solicit comments on the proposed rule                   examinations that are designed to
                                               printing in the Commission’s Public                     change from interested persons.                         establish that persons associated with
                                               Reference Room, 100 F Street NE,                                                                                FINRA members have attained specified
                                               Washington, DC 20549 on official                        I. Self-Regulatory Organization’s                       levels of competence and knowledge,
                                               business days between the hours of                      Statement of the Terms of Substance of                  consistent with applicable registration
                                                                                                       the Proposed Rule Change                                requirements under FINRA rules.
                                               10:00 a.m. and 3:00 p.m. Copies of the
                                               filing also will be available for                          FINRA is filing the content outline                  FINRA periodically reviews the content
                                               inspection and copying at the principal                 and selection specifications for the new                of the examinations to determine
                                               office of FICC and on DTCC’s website                    Securities Industry EssentialsTM (SIETM)                whether revisions are necessary or
                                                                                                       examination.4 FINRA is not proposing                    appropriate in view of changes
                                               (http://dtcc.com/legal/sec-rule-
                                                                                                       any textual changes to the By-Laws,                     pertaining to the subject matter covered
                                               filings.aspx). All comments received
                                                                                                       Schedules to the By-Laws or Rules of                    by the examinations.
                                               will be posted without change. Persons                                                                             The SEC recently approved a
                                               submitting comments are cautioned that                  FINRA.
                                                                                                          The SIE content outline is attached.5                proposed rule change to restructure the
                                               we do not redact or edit personal                                                                               FINRA representative-level qualification
                                               identifying information from comment                    The SIE selection specifications have
                                                                                                       been submitted to the Commission                        examination program.8 The rule change,
                                               submissions. You should submit only                                                                             which will become effective on October
                                                                                                       under separate cover with a request for
                                               information that you wish to make                                                                               1, 2018,9 restructures the examination
                                                                                                       confidential treatment pursuant to SEA
                                               available publicly. All submissions                     Rule 24b–2.6                                            program into a more efficient format
                                               should refer to File Number SR–FICC–                       The text of the proposed rule change                 whereby all new representative-level
                                               2017–806 and should be submitted on                     is available on FINRA’s website at                      applicants will be required to take a
                                               or before February 14, 2018.                                                                                    general knowledge examination (the
                                                 By the Commission.                                      1 15  U.S.C. 78s(b)(1).                               SIE) and a tailored, specialized
                                                                                                         2 17  CFR 240.19b–4.                                  knowledge examination (a revised
                                               Eduardo A. Aleman,                                         3 17 CFR 240.19b–4(f)(6).                            representative-level qualification
                                               Assistant Secretary.                                       4 FINRA also is establishing the SIE question
                                                                                                                                                               examination) for their particular
                                               [FR Doc. 2018–01692 Filed 1–29–18; 8:45 am]             bank. Based on instruction from SEC staff, FINRA        registered role. Individuals are not
                                                                                                       is submitting this filing for immediate effectiveness
                                               BILLING CODE 8011–01–P
                                                                                                       pursuant to Section 19(b)(3)(A) of the Act and Rule     required to be associated with a FINRA
                                                                                                       19b–4(f)(6) thereunder, and is not filing the
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       question bank. See Letter to Alden S. Adkins,             7 15  U.S.C. 78o–3(g)(3).
                                                                                                       Senior Vice President and General Counsel, NASD           8 See  Securities Exchange Act Release No. 81098
                                                                                                       Regulation, from Belinda Blaine, Associate Director,    (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order
                                                                                                       Division of Market Regulation, SEC, dated July 24,      Approving File No. SR–FINRA–2017–007).
                                                                                                       2000. The question bank is available for SEC               9 See Regulatory Notice 17–30 (SEC Approves
                                                                                                       review.                                                 Consolidated FINRA Registration Rules,
                                                                                                          5 The Commission notes that the content outline
                                                                                                                                                               Restructured Representative-Level Qualification
                                                                                                       is attached to the filing, not to this Notice.          Examinations and Changes to Continuing Education
                                                                                                          6 17 CFR 240.24b–2.                                  Requirements) (October 2017).



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                                               4376                          Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Notices

                                               member to be eligible to take the SIE                      The SIE content outline is divided                  have one hour and 45 minutes to
                                               examination. However, passing the SIE                   into four sections. The following are the              complete the examination. FINRA will
                                               examination alone will not qualify an                   four sections, denoted Section 1 through               publish the passing score for the SIE
                                               individual for registration with FINRA.                 Section 4, with the associated number of               examination on its website, at
                                               To be eligible for registration, an                     questions:                                             www.finra.org, prior to its first
                                               individual must also be associated with                    Section 1: Knowledge of Capital                     administration.
                                               a firm, pass an appropriate qualification               Markets, 12 questions;
                                                                                                          Section 2: Understanding Products                   Availability of Content Outline
                                               examination for representative or
                                               principal and satisfy the other                         and Their Risks, 33 questions;                           The SIE content outline will be made
                                               requirements relating to the registration                  Section 3: Understanding Trading,                   available on FINRA’s website no later
                                               process.                                                Customer Accounts and Prohibited                       than April 1, 2018.
                                                  The restructured program eliminates                  Activities, 23 questions; and                            FINRA is filing the proposed rule
                                               duplicative testing of general securities                  Section 4: Overview of the Regulatory               change for immediate effectiveness. The
                                               knowledge on the current                                Framework, 7 questions.                                implementation date will be October 1,
                                               representative-level qualification                         Each section includes the essential                 2018, to coincide with the
                                               examinations by moving such content                     areas of general knowledge. There are                  implementation of the restructured
                                               into the SIE examination.10 The SIE                     four areas (1.1–1.4) associated with                   representative-level examination
                                               examination will test fundamental                       Section 1; 13 two areas (2.1–2.2)                      program. FINRA will also announce the
                                               securities-related knowledge, including                 associated with Section 2; 14 three areas              implementation date of the proposed
                                               knowledge of basic products, the                        (3.1–3.3) associated with Section 3; 15                rule change in a Regulatory Notice.
                                               structure and function of the securities                and two areas (4.1–4.2) associated with                2. Statutory Basis
                                               industry, the regulatory agencies and                   Section 4.16 For example, one such area
                                                                                                       of knowledge (subsection 1.3) covers                      FINRA believes that the SIE
                                               their functions and regulated and                                                                              examination is consistent with the
                                               prohibited practices, whereas the                       economic factors, such as the Federal
                                                                                                       Reserve Board’s impact on business                     provisions of Section 15A(b)(6) of the
                                               revised representative-level                                                                                   Act,21 which requires, among other
                                               qualification examinations will test                    activity and market stability.17 Further,
                                                                                                       subsection 2.1 covers knowledge of the                 things, that FINRA rules must be
                                               knowledge relevant to day-to-day                                                                               designed to prevent fraudulent and
                                               activities, responsibilities and job                    characteristics of the specified securities
                                                                                                       products, such as voting rights                        manipulative acts and practices, to
                                               functions of representatives.11                                                                                promote just and equitable principles of
                                                  FINRA developed the SIE                              associated with equity securities.18 In
                                                                                                       addition, each of the four sections lists              trade, and, in general, to protect
                                               examination in consultation with a                                                                             investors and the public interest, and
                                               committee of industry representatives                   the applicable laws, rules and
                                                                                                       regulations related to the areas of                    Section 15A(g)(3) of the Act,22 which
                                               and representatives of several other self-                                                                     authorizes FINRA to prescribe standards
                                               regulatory organizations (‘‘SROs’’).                    knowledge. These include applicable
                                                                                                       federal securities laws as well as FINRA               of training, experience, and competence
                                               Beginning on October 1, 2018, new                                                                              for persons associated with FINRA
                                               applicants seeking to register as                       rules and rules of other SROs. The SIE
                                                                                                                                                              members. The proposed rule change
                                               representatives must pass the SIE                       selection specifications and question
                                                                                                                                                              will improve the efficiency of FINRA’s
                                               examination and a revised                               bank cover the topics in the content
                                                                                                                                                              representative-level examination
                                               representative-level qualification                      outline.
                                                                                                          The content outline also includes a                 program, without compromising the
                                               examination, such as the revised                                                                               qualification standards, by moving the
                                               General Securities Representative                       preface, which provides: (1) An
                                                                                                                                                              general securities knowledge content
                                               (Series 7) examination, appropriate to                  overview of the purpose of the
                                                                                                                                                              from the representative-level
                                               their job functions at the firm with                    examination; (2) a table of contents and
                                                                                                                                                              examinations to the SIE examination.
                                               which they are associating before their                 general information regarding the
                                                                                                                                                              The proposed rule change also
                                               registrations can become effective.12                   structure of the examination; and (3)
                                                                                                                                                              establishes a prerequisite qualification
                                                                                                       general information regarding the
                                               SIE Content Outline                                                                                            examination that associated persons of
                                                                                                       administration of the examination,
                                                                                                                                                              FINRA members must pass, in addition
                                                  As noted above, FINRA is proposing                   including an explanation that a
                                                                                                                                                              to passing an appropriate
                                               to move the general securities                          statistical adjustment process known as
                                                                                                                                                              representative-level examination, to
                                               knowledge currently covered on the                      equating is used in scoring the                        register and function as representatives.
                                               representative-level qualification                      examination.19                                         Finally, the SIE examination is intended
                                               examinations to the SIE examination.                       The number of questions on the SIE
                                                                                                                                                              to safeguard the investing public by
                                               For example, FINRA Rule 3220                            examination will be 75 scored multiple-
                                                                                                                                                              helping to ensure that individuals
                                               (Influencing or Rewarding Employees of                  choice questions,20 and candidates will                registering as representatives have the
                                               Others) (the Gifts Rule) will now be                       13 See Exhibit 3a, Outline Pages 3–5. The outline
                                                                                                                                                              requisite general securities knowledge.
                                               tested on the SIE examination, rather                   is attached as Exhibit 3a to the 19b–4 form.
                                               than on the representative-level                                                                               B. Self-Regulatory Organization’s
                                                                                                          14 See Exhibit 3a, Outline Pages 6–9.
                                               examinations.                                              15 See Exhibit 3a, Outline Pages 10–13.
                                                                                                                                                              Statement on Burden on Competition
                                                                                                          16 See Exhibit 3a, Outline Pages 14–15.               FINRA does not believe that the
                                                 10 Each of the current representative-level              17 See Exhibit 3a, Outline Pages 3–4.               proposed rule change will result in any
                                               examinations covers general securities knowledge,          18 See Exhibit 3a, Outline Pages 6–8.
                                                                                                                                                              burden on competition that is not
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                                               with the exception of the Research Analyst (Series         19 See Exhibit 3a, Outline Page 2.
                                                                                                                                                              necessary or appropriate in furtherance
                                               86 and 87) examinations.                                   20 Consistent with FINRA’s practice of including
                                                 11 In conjunction with this proposed rule change,
                                                                                                                                                              of the purposes of the Act. The SIE
                                                                                                       ‘‘pretest’’ questions on examinations, the SIE
                                               FINRA also is filing with the Commission the            examination includes 10 additional, unidentified
                                               content outlines for the revised representative-level   pretest questions that do not contribute towards the   actually consists of 85 questions, 75 of which are
                                               qualification examinations.                             candidate’s score. The pretest questions are           scored. The 10 pretest questions are randomly
                                                 12 FINRA Rule 1220(b) sets forth each                 designed to ensure that new examination questions      distributed throughout the examination.
                                                                                                                                                                21 15 U.S.C. 78o–3(b)(6).
                                               representative-level registration category and          meet acceptable testing standards prior to use for
                                               applicable qualification examination.                   scoring purposes. Therefore, the SIE examination         22 15 U.S.C. 78o–3(g)(3).




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                                                                             Federal Register / Vol. 83, No. 20 / Tuesday, January 30, 2018 / Notices                                                      4377

                                               examination generally covers the same                   Paper Comments                                          SECURITIES AND EXCHANGE
                                               general securities knowledge that is                                                                            COMMISSION
                                               currently covered on the representative-                  • Send paper comments in triplicate
                                                                                                       to Secretary, Securities and Exchange                   [Release No. 34–82584; File No. SR–NSCC–
                                               level examinations. FINRA also                                                                                  2017–806]
                                               provided a detailed economic impact                     Commission, 100 F Street NE,
                                               assessment regarding the introduction of                Washington, DC 20549–1090.                              Self-Regulatory Organizations;
                                               the SIE examination and the                             All submissions should refer to File                    National Securities Clearing
                                               restructuring of the representative-level                                                                       Corporation; Notice of Filing and
                                                                                                       Number SR–FINRA–2018–002. This file
                                               examinations as part of the proposed                                                                            Extension of the Review Period of an
                                                                                                       number should be included on the
                                               rule change to restructure the FINRA                                                                            Advance Notice To Amend the Loss
                                               representative-level qualification                      subject line if email is used. To help the
                                                                                                       Commission process and review your                      Allocation Rules and Make Other
                                               examination program.23                                                                                          Changes
                                                                                                       comments more efficiently, please use
                                               C. Self-Regulatory Organization’s                       only one method. The Commission will                    January 24, 2018.
                                               Statement on Comments on the                            post all comments on the Commission’s                      Pursuant to Section 806(e)(1) of Title
                                               Proposed Rule Change Received From                      internet website (http://www.sec.gov/                   VIII of the Dodd-Frank Wall Street
                                               Members, Participants, or Others                        rules/sro.shtml). Copies of the                         Reform and Consumer Protection Act
                                                 Written comments were neither                         submission, all subsequent                              entitled the Payment, Clearing, and
                                               solicited nor received.                                 amendments, all written statements                      Settlement Supervision Act of 2010
                                               III. Date of Effectiveness of the                       with respect to the proposed rule                       (‘‘Clearing Supervision Act’’) and Rule
                                               Proposed Rule Change and Timing for                     change that are filed with the                          19b–4(n)(1)(i) under the Securities
                                               Commission Action                                       Commission, and all written                             Exchange Act of 1934 (‘‘Act’’),1 notice is
                                                                                                       communications relating to the                          hereby given that on December 18, 2017,
                                                  Because the foregoing proposed rule                                                                          National Securities Clearing Corporation
                                               change does not: (i) Significantly affect               proposed rule change between the
                                                                                                       Commission and any person, other than                   (‘‘NSCC’’) filed with the Securities and
                                               the protection of investors or the public                                                                       Exchange Commission (‘‘Commission’’)
                                               interest; (ii) impose any significant                   those that may be withheld from the
                                                                                                       public in accordance with the                           advance notice SR–NSCC–2017–806
                                               burden on competition; and (iii) become                                                                         (‘‘Advance Notice’’) as described in
                                               operative for 30 days from the date on                  provisions of 5 U.S.C. 552, will be
                                                                                                                                                               Items I and II below, which Items have
                                               which it was filed, or such shorter time                available for website viewing and
                                                                                                                                                               been prepared by the clearing agency.2
                                               as the Commission may designate, it has                 printing in the Commission’s Public
                                                                                                                                                               The Commission is publishing this
                                               become effective pursuant to Section                    Reference Room, 100 F Street NE,
                                                                                                                                                               notice to solicit comments on the
                                               19(b)(3)(A) of the Act 24 and Rule 19b–                 Washington, DC 20549, on official                       Advance Notice from interested persons
                                               4(f)(6) thereunder.25                                   business days between the hours of                      and to extend the review period of the
                                                  At any time within 60 days of the                    10:00 a.m. and 3:00 p.m. Copies of the                  advance notice for an additional 60 days
                                               filing of the proposed rule change, the                 filing also will be available for                       pursuant to Section 806(e)(1)(H) of the
                                               Commission summarily may                                inspection and copying at the principal                 Clearing Supervision Act.3
                                               temporarily suspend such rule change if                 office of FINRA. All comments received
                                               it appears to the Commission that such                  will be posted without change. Persons                  I. Clearing Agency’s Statement of the
                                               action is necessary or appropriate in the               submitting comments are cautioned that                  Terms of Substance of the Advance
                                               public interest, for the protection of                  we do not redact or edit personal                       Notice
                                               investors, or otherwise in furtherance of               identifying information from comment                       This Advance Notice consists of
                                               the purposes of the Act. If the                         submissions. You should submit only                     proposed modifications to NSCC’s Rules
                                               Commission takes such action, the                       information that you wish to make                       and Procedures (‘‘Rules’’) in order to
                                               Commission shall institute proceedings                                                                          amend provisions in the Rules regarding
                                                                                                       available publicly. All submissions
                                               to determine whether the proposed rule                                                                          loss allocation as well as make other
                                                                                                       should refer to File Number SR–FINRA–
                                               should be approved or disapproved.                                                                              changes, as described in greater detail
                                                                                                       2018–002 and should be submitted on
                                               IV. Solicitation of Comments                            or before February 20, 2018.                            below.4
                                                 Interested persons are invited to                       For the Commission, by the Division of                II. Clearing Agency’s Statement of the
                                               submit written data, views, and                         Trading and Markets, pursuant to delegated              Purpose of, and Statutory Basis for, the
                                               arguments concerning the foregoing,                     authority.26                                            Advance Notice
                                               including whether the proposed rule                     Eduardo A. Aleman,                                         In its filing with the Commission, the
                                               change is consistent with the Act.                                                                              clearing agency included statements
                                                                                                       Assistant Secretary.
                                               Comments may be submitted by any of                                                                             concerning the purpose of and basis for
                                                                                                       [FR Doc. 2018–01678 Filed 1–29–18; 8:45 am]
                                               the following methods:                                                                                          the Advance Notice and discussed any
                                                                                                       BILLING CODE 8011–01–P
                                               Electronic Comments                                                                                             comments it received on the Advance
                                                 • Use the Commission’s internet                                                                                 1 12 U.S.C. 5465(e)(1) and 17 CFR 240.19b–
                                               comment form (http://www.sec.gov/                                                                               4(n)(1)(i), respectively.
                                               rules/sro.shtml); or                                                                                              2 On December 18, 2017, NSCC filed the Advance

                                                 • Send an email to rule-comments@                                                                             Notice as a proposed rule change (SR–NSCC–2017–
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                                               sec.gov. Please include File Number SR–                                                                         018) with the Commission pursuant to Section
                                                                                                                                                               19(b)(1) of the Act, 15 U.S.C. 78s(b)(1), and Rule
                                               FINRA–2018–002 on the subject line.                                                                             19b–4 thereunder, 17 CFR 240.19b–4. A copy of the
                                                                                                                                                               proposed rule change is available at http://
                                                 23 See Securities Exchange Act Release No. 80371                                                              www.dtcc.com/legal/sec-rule-filings.aspx.
                                               (April 4, 2017), 82 FR 17336 (April 10, 2017)                                                                     3 12 U.S.C. 5465(e)(1)(H).
                                               (Notice of Filing of File No. SR–FINRA–2017–007).                                                                 4 Capitalized terms not defined herein are defined
                                                 24 15 U.S.C. 78s(b)(3)(A).
                                                                                                                                                               in the Rules, available at http://www.dtcc.com/∼/
                                                 25 17 CFR 240.19b–4(f)(6).                              26 17   CFR 200.30–3(a)(12).                          media/Files/Downloads/legal/rules/nscc_rules.pdf.



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Document Created: 2018-10-26 10:12:48
Document Modified: 2018-10-26 10:12:48
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 4375 

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