83_FR_47846 83 FR 47663 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Amend Its Rules Relating to Categories of Registration and Respective Qualification Examinations Required for Trading Permit Holders (“TPHs”) and Associated Persons That Engage in Trading Activities on the Exchange

83 FR 47663 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Amend Its Rules Relating to Categories of Registration and Respective Qualification Examinations Required for Trading Permit Holders (“TPHs”) and Associated Persons That Engage in Trading Activities on the Exchange

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 183 (September 20, 2018)

Page Range47663-47665
FR Document2018-20433

Federal Register, Volume 83 Issue 183 (Thursday, September 20, 2018)
[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Notices]
[Pages 47663-47665]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20433]



[[Page 47663]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84142; File No. SR-CBOE-2018-064]


Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Relating 
To Amend Its Rules Relating to Categories of Registration and 
Respective Qualification Examinations Required for Trading Permit 
Holders (``TPHs'') and Associated Persons That Engage in Trading 
Activities on the Exchange

September 14, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on September 7, 2018, Cboe Exchange, Inc. (the ``Exchange'' or 
``Cboe Options'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule change as described in Items I 
and II below, which Items have been prepared by the Exchange. 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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes 
to amend its rules relating to categories of registration and 
respective qualification examinations required for Trading Permit 
Holders (``TPHs'') and associated persons that engage in trading 
activities on the Exchange.
    The text of the proposed rule change is also available on the 
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, 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 Exchange 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 Exchange 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 SEC recently approved a proposed rule change to restructure the 
FINRA representative-level qualification examination program.\3\ The 
rule change, which will become effective on October 1, 2018, 
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 Securities Industry 
Essentials Examination (``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 an Exchange or any other self-regulatory 
organization (``SRO'') member to be eligible to take the SIE. However, 
passing the SIE alone will not qualify an individual for registration 
with the Exchange. To be eligible for registration, an individual must 
also be associated with a firm, pass an appropriate qualification 
examination for a representative or principal and satisfy the other 
requirements relating to the registration process.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 81098 (July 7, 
2017), 82 FR 32419 (July 13, 2017) (Order Approving File No. SR-
FINRA-2017-007).
---------------------------------------------------------------------------

    The SIE would assess basic product knowledge; the structure and 
function of the securities industry markets, regulatory agencies and 
their functions; and regulated and prohibited practices. In particular, 
the SIE will cover four major areas. The first, ``Knowledge of Capital 
Markets,'' focuses on topics such as types of markets and offerings, 
broker-dealers and depositories, and economic cycles. The second, 
``Understanding Products and Their Risks,'' covers securities products 
at a high level as well as associated investment risks. The third, 
``Understanding Trading, Customer Accounts and Prohibited Activities,'' 
focuses on accounts, orders, settlement and prohibited activities. The 
final area, ``Overview of the Regulatory Framework,'' encompasses 
topics such as SROs, registration requirements and specified conduct 
rules. It's anticipated that the SIE would include 75 scored questions 
plus an additional 10 unscored pretest questions. The passing score 
would be determined through methodologies compliant with testing 
industry standards used to develop examinations and set passing 
standards.
    The restructured program eliminates duplicative testing of general 
securities knowledge on the current representative-level qualification 
examinations by moving such content into the SIE. The SIE 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. The SIE was 
developed in consultation with a committee of industry representatives 
and representatives of several other SROs. Each of the current 
representative-level examinations covers general securities knowledge, 
with the exception of the Research Analyst (Series 86 and 87) 
examinations.
    The Exchange proposes to require that effective October 1, 2018, 
new applicants seeking to register in a representative capacity with 
the Exchange must pass the SIE before their registrations can become 
effective. The Exchange proposes to make the requirement operative on 
October 1, 2018 to coincide with the effective date of FINRA's 
requirement.
    The Exchange notes that individuals who are registered as of 
October 1, 2018 are eligible to maintain their registrations without 
being subject to any additional requirements. Individuals who had been 
registered within the past two years prior to October 1, 2018, would 
also be eligible to maintain those registrations without being subject 
to any additional requirements, provided they register within two years 
from the date of their last registration. However, with respect to an 
individual who is not registered on the effective date of the proposed 
rule change but was registered within the past two years prior to the 
effective date of the proposed rule change, the individual's SIE status 
in the CRD system would be administratively terminated if such 
individual does not register with the Exchange within four years from 
the date of the individual's last registration. The Exchange also notes 
that consistent with Interpretation and Policy .05 of Rule 3.6A, the 
Exchange will consider waivers of the SIE alone or the SIE and the 
representative or principal-level examination(s) for TPHs who are

[[Page 47664]]

seeking registration in a representative- or principal-level 
registration category.\4\
---------------------------------------------------------------------------

    \4\ Pursuant to a Regulatory Services Agreement between FINRA 
and Cboe Options, FINRA provides Cboe Options certain exam waiver 
services in responding to exam waiver requests from Cboe Options 
TPHs.
---------------------------------------------------------------------------

    Lastly, the Exchange proposes to adopt Interpretation and Policy 
.09 of Rule 3.6A and Interpretation and Policy .02 of Rule 9.3 to 
provide individuals who are associated persons of firms and who hold 
foreign registrations an alternative, more flexible, process to obtain 
an Exchange representative-level registration. The Exchange believes 
that there is sufficient overlap between the SIE and these foreign 
qualification requirements to permit them to act as exemptions to the 
SIE. As such the Exchange proposes to provide that individuals who are 
in good standing as representatives with the Financial Conduct 
Authority in the United Kingdom or with a Canadian stock exchange or 
securities regulator would be exempt from the requirement to pass the 
SIE, and thus would be required only to pass a specialized knowledge 
examination to register with the Exchange as a representative. The 
proposed approach would provide individuals with a United Kingdom or 
Canadian qualification more flexibility to obtain an Exchange 
representative-level registration. The Exchange notes that FINRA has 
adopted a similar rule.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 81098 (July 7, 
2017), 82 FR 32419 (July 13, 2017) (Order Approving File No. SR-
FINRA-2017-007).
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\6\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \7\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \8\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ Id.
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change will improve 
the efficiency of the Exchange's examination requirements, without 
compromising the qualification standards, by eliminating duplicative 
testing of general securities knowledge on examinations. FINRA has 
indicated that the SIE was developed in an effort to adopt an 
examination that would assess basic product knowledge; the structure 
and function of the securities industry markets, regulatory agencies 
and their functions; and regulated and prohibited practices. The 
Exchange also notes that the introduction of the SIE and expansion of 
the pool of individuals who are eligible to take the SIE, has the 
potential of enhancing the pool of prospective securities industry 
professionals by introducing them to securities laws, rules and 
regulations and appropriate conduct before they join the industry in a 
registered capacity. Lastly, the Exchange notes adopting the SIE 
requirement is consistent with the requirement recently adopted by 
FINRA.\9\
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 81098 (July 7, 
2017), 82 FR 32419 (July 13, 2017) (Order Approving File No. SR-
FINRA-2017-007).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange believes that 
the proposed rule change, which harmonizes its rules with recent rule 
changes adopted by FINRA and which is being filed in conjunction with 
similar filings by the other national securities exchanges, will reduce 
the regulatory burden placed on market participants engaged in trading 
activities across different markets. The Exchange believes that the 
harmonization of these registration requirements across the various 
markets will reduce burdens on competition by removing impediments to 
participation in the national market system and promoting competition 
among participants across the multiple national securities exchanges.

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

    The Exchange neither solicited nor received written comments on the 
proposed rule change.

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 \10\ and Rule 19b-
4(f)(6) thereunder.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative for 30 days from the date of filing. However, Rule 
19b-4(f)(6)(iii) \11\ permits the Commission to designate a shorter 
time if such action is consistent with the protection of investors and 
the public interest. The Exchange has asked the Commission to waive the 
30-day operative delay so that the proposal may become operative on 
October 1, 2018 to coincide with the effective date of FINRA's proposed 
rule change on which the proposal is based.\12\ The waiver of the 
operative delay would make the Exchange's qualification requirements 
consistent with those of FINRA. Therefore, the Commission believes that 
the waiver of the 30-day operative delay is consistent with the 
protection of investors and the public interest and hereby waives the 
30-day operative delay and designates the proposal operative on October 
1, 2018.\13\
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    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ See supra note 3.
    \13\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing,

[[Page 47665]]

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-CBOE-2018-064 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-CBOE-2018-064. 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 the Exchange. 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-CBOE-2018-064 and should be submitted on 
or before October 11, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20433 Filed 9-19-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                         Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Notices                                         47663

                                              SECURITIES AND EXCHANGE                                  the most significant aspects of such                  industry standards used to develop
                                              COMMISSION                                               statements.                                           examinations and set passing standards.
                                                                                                                                                                The restructured program eliminates
                                              [Release No. 34–84142; File No. SR–CBOE–                 A. Self-Regulatory Organization’s
                                                                                                                                                             duplicative testing of general securities
                                              2018–064]                                                Statement of the Purpose of, and
                                                                                                       Statutory Basis for, the Proposed Rule                knowledge on the current
                                              Self-Regulatory Organizations; Cboe                      Change                                                representative-level qualification
                                              Exchange, Inc.; Notice of Filing and                                                                           examinations by moving such content
                                              Immediate Effectiveness of a Proposed                    1. Purpose                                            into the SIE. The SIE will test
                                              Rule Change Relating To Amend Its                           The SEC recently approved a                        fundamental securities related
                                              Rules Relating to Categories of                          proposed rule change to restructure the               knowledge, including knowledge of
                                              Registration and Respective                              FINRA representative-level qualification              basic products, the structure and
                                              Qualification Examinations Required                      examination program.3 The rule change,                function of the securities industry, the
                                              for Trading Permit Holders (‘‘TPHs’’)                    which will become effective on October                regulatory agencies and their functions
                                              and Associated Persons That Engage                       1, 2018, restructures the examination                 and regulated and prohibited practices,
                                              in Trading Activities on the Exchange                    program into a more efficient format                  whereas the revised representative-level
                                                                                                       whereby all new representative-level                  qualification examinations will test
                                              September 14, 2018.                                      applicants will be required to take a                 knowledge relevant to day-to-day
                                                 Pursuant to Section 19(b)(1) of the                   general knowledge examination (the                    activities, responsibilities and job
                                              Securities Exchange Act of 1934 (the                     Securities Industry Essentials                        functions of representatives. The SIE
                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   Examination (‘‘SIE’’)) and a tailored,                was developed in consultation with a
                                              notice is hereby given that on                           specialized knowledge examination (a                  committee of industry representatives
                                              September 7, 2018, Cboe Exchange, Inc.                   revised representative-level                          and representatives of several other
                                              (the ‘‘Exchange’’ or ‘‘Cboe Options’’)                   qualification examination) for their                  SROs. Each of the current
                                              filed with the Securities and Exchange                   particular registered role. Individuals               representative-level examinations
                                              Commission (the ‘‘Commission’’) the                      are not required to be associated with an             covers general securities knowledge,
                                              proposed rule change as described in                     Exchange or any other self-regulatory                 with the exception of the Research
                                              Items I and II below, which Items have                   organization (‘‘SRO’’) member to be                   Analyst (Series 86 and 87)
                                              been prepared by the Exchange. The                       eligible to take the SIE. However,                    examinations.
                                              Commission is publishing this notice to                  passing the SIE alone will not qualify an                The Exchange proposes to require that
                                              solicit comments on the proposed rule                    individual for registration with the                  effective October 1, 2018, new
                                              change from interested persons.                          Exchange. To be eligible for registration,            applicants seeking to register in a
                                              I. Self-Regulatory Organization’s                        an individual must also be associated                 representative capacity with the
                                              Statement of the Terms of Substance of                   with a firm, pass an appropriate                      Exchange must pass the SIE before their
                                              the Proposed Rule Change                                 qualification examination for a                       registrations can become effective. The
                                                                                                       representative or principal and satisfy               Exchange proposes to make the
                                                 Cboe Exchange, Inc. (the ‘‘Exchange’’                 the other requirements relating to the                requirement operative on October 1,
                                              or ‘‘Cboe Options’’) proposes to amend                   registration process.                                 2018 to coincide with the effective date
                                              its rules relating to categories of                         The SIE would assess basic product                 of FINRA’s requirement.
                                              registration and respective qualification                knowledge; the structure and function                    The Exchange notes that individuals
                                              examinations required for Trading                        of the securities industry markets,                   who are registered as of October 1, 2018
                                              Permit Holders (‘‘TPHs’’) and associated                 regulatory agencies and their functions;              are eligible to maintain their
                                              persons that engage in trading activities                and regulated and prohibited practices.               registrations without being subject to
                                              on the Exchange.                                         In particular, the SIE will cover four                any additional requirements.
                                                 The text of the proposed rule change                  major areas. The first, ‘‘Knowledge of                Individuals who had been registered
                                              is also available on the Exchange’s                      Capital Markets,’’ focuses on topics such             within the past two years prior to
                                              website (http://www.cboe.com/                            as types of markets and offerings,                    October 1, 2018, would also be eligible
                                              AboutCBOE/                                               broker-dealers and depositories, and                  to maintain those registrations without
                                              CBOELegalRegulatoryHome.aspx), at                        economic cycles. The second,                          being subject to any additional
                                              the Exchange’s Office of the Secretary,                  ‘‘Understanding Products and Their                    requirements, provided they register
                                              and at the Commission’s Public                           Risks,’’ covers securities products at a              within two years from the date of their
                                              Reference Room.                                          high level as well as associated                      last registration. However, with respect
                                              II. Self-Regulatory Organization’s                       investment risks. The third,                          to an individual who is not registered
                                              Statement of the Purpose of, and                         ‘‘Understanding Trading, Customer                     on the effective date of the proposed
                                              Statutory Basis for, the Proposed Rule                   Accounts and Prohibited Activities,’’                 rule change but was registered within
                                              Change                                                   focuses on accounts, orders, settlement               the past two years prior to the effective
                                                                                                       and prohibited activities. The final area,            date of the proposed rule change, the
                                                 In its filing with the Commission, the                ‘‘Overview of the Regulatory
                                              Exchange included statements                                                                                   individual’s SIE status in the CRD
                                                                                                       Framework,’’ encompasses topics such                  system would be administratively
                                              concerning the purpose of and basis for                  as SROs, registration requirements and
                                              the proposed rule change and discussed                                                                         terminated if such individual does not
                                                                                                       specified conduct rules. It’s anticipated             register with the Exchange within four
                                              any comments it received on the                          that the SIE would include 75 scored
                                              proposed rule change. The text of these                                                                        years from the date of the individual’s
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                       questions plus an additional 10                       last registration. The Exchange also
                                              statements may be examined at the                        unscored pretest questions. The passing
                                              places specified in Item IV below. The                                                                         notes that consistent with Interpretation
                                                                                                       score would be determined through                     and Policy .05 of Rule 3.6A, the
                                              Exchange has prepared summaries, set                     methodologies compliant with testing
                                              forth in sections A, B, and C below, of                                                                        Exchange will consider waivers of the
                                                                                                          3 See Securities Exchange Act Release No. 81098
                                                                                                                                                             SIE alone or the SIE and the
                                                1 15 U.S.C. 78s(b)(1).                                 (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order
                                                                                                                                                             representative or principal-level
                                                2 17 CFR 240.19b–4.                                    Approving File No. SR–FINRA–2017–007).                examination(s) for TPHs who are


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                                              47664                    Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Notices

                                              seeking registration in a representative-               the Section 6(b)(5) 8 requirement that                C. Self-Regulatory Organization’s
                                              or principal-level registration category.4              the rules of an exchange not be designed              Statement on Comments on the
                                                 Lastly, the Exchange proposes to                     to permit unfair discrimination between               Proposed Rule Change Received From
                                              adopt Interpretation and Policy .09 of                  customers, issuers, brokers, or dealers.              Members, Participants, or Others
                                              Rule 3.6A and Interpretation and Policy                                                                         The Exchange neither solicited nor
                                                                                                         The Exchange believes that the
                                              .02 of Rule 9.3 to provide individuals                                                                        received written comments on the
                                              who are associated persons of firms and                 proposed rule change will improve the
                                                                                                      efficiency of the Exchange’s                          proposed rule change.
                                              who hold foreign registrations an
                                              alternative, more flexible, process to                  examination requirements, without                     III. Date of Effectiveness of the
                                              obtain an Exchange representative-level                 compromising the qualification                        Proposed Rule Change and Timing for
                                              registration. The Exchange believes that                standards, by eliminating duplicative                 Commission Action
                                              there is sufficient overlap between the                 testing of general securities knowledge                  Because the foregoing proposed rule
                                              SIE and these foreign qualification                     on examinations. FINRA has indicated                  change does not: (i) Significantly affect
                                              requirements to permit them to act as                   that the SIE was developed in an effort               the protection of investors or the public
                                              exemptions to the SIE. As such the                      to adopt an examination that would                    interest; (ii) impose any significant
                                              Exchange proposes to provide that                       assess basic product knowledge; the                   burden on competition; and (iii) become
                                              individuals who are in good standing as                 structure and function of the securities              operative for 30 days from the date on
                                              representatives with the Financial                      industry markets, regulatory agencies                 which it was filed, or such shorter time
                                              Conduct Authority in the United                         and their functions; and regulated and                as the Commission may designate, it has
                                              Kingdom or with a Canadian stock                        prohibited practices. The Exchange also               become effective pursuant to Section
                                              exchange or securities regulator would                  notes that the introduction of the SIE                19(b)(3)(A) of the Act 10 and Rule 19b–
                                              be exempt from the requirement to pass                  and expansion of the pool of individuals              4(f)(6) thereunder.
                                              the SIE, and thus would be required                     who are eligible to take the SIE, has the                A proposed rule change filed under
                                              only to pass a specialized knowledge                    potential of enhancing the pool of                    Rule 19b–4(f)(6) normally does not
                                              examination to register with the                        prospective securities industry                       become operative for 30 days from the
                                              Exchange as a representative. The                       professionals by introducing them to                  date of filing. However, Rule 19b–
                                              proposed approach would provide                         securities laws, rules and regulations                4(f)(6)(iii) 11 permits the Commission to
                                              individuals with a United Kingdom or                                                                          designate a shorter time if such action
                                                                                                      and appropriate conduct before they
                                              Canadian qualification more flexibility                                                                       is consistent with the protection of
                                                                                                      join the industry in a registered                     investors and the public interest. The
                                              to obtain an Exchange representative-
                                                                                                      capacity. Lastly, the Exchange notes                  Exchange has asked the Commission to
                                              level registration. The Exchange notes
                                                                                                      adopting the SIE requirement is                       waive the 30-day operative delay so that
                                              that FINRA has adopted a similar rule.5
                                                                                                      consistent with the requirement recently              the proposal may become operative on
                                              2. Statutory Basis                                      adopted by FINRA.9                                    October 1, 2018 to coincide with the
                                                 The Exchange believes the proposed                   B. Self-Regulatory Organization’s                     effective date of FINRA’s proposed rule
                                              rule change is consistent with the                      Statement on Burden on Competition                    change on which the proposal is
                                              Securities Exchange Act of 1934 (the                                                                          based.12 The waiver of the operative
                                              ‘‘Act’’) and the rules and regulations                    The Exchange does not believe that                  delay would make the Exchange’s
                                              thereunder applicable to the Exchange                   the proposed rule change will impose                  qualification requirements consistent
                                              and, in particular, the requirements of                 any burden on competition that is not                 with those of FINRA. Therefore, the
                                              Section 6(b) of the Act.6 Specifically,                 necessary or appropriate in furtherance               Commission believes that the waiver of
                                              the Exchange believes the proposed rule                 of the purposes of the Act. The                       the 30-day operative delay is consistent
                                              change is consistent with the Section                   Exchange believes that the proposed                   with the protection of investors and the
                                              6(b)(5) 7 requirements that the rules of                rule change, which harmonizes its rules               public interest and hereby waives the
                                              an exchange be designed to prevent                                                                            30-day operative delay and designates
                                                                                                      with recent rule changes adopted by
                                              fraudulent and manipulative acts and                                                                          the proposal operative on October 1,
                                                                                                      FINRA and which is being filed in                     2018.13
                                              practices, to promote just and equitable
                                                                                                      conjunction with similar filings by the                  At any time within 60 days of the
                                              principles of trade, to foster cooperation
                                                                                                      other national securities exchanges, will             filing of the proposed rule change, the
                                              and coordination with persons engaged
                                              in regulating, clearing, settling,                      reduce the regulatory burden placed on                Commission summarily may
                                              processing information with respect to,                 market participants engaged in trading                temporarily suspend such rule change if
                                              and facilitating transactions in                        activities across different markets. The              it appears to the Commission that such
                                              securities, to remove impediments to                    Exchange believes that the                            action is necessary or appropriate in the
                                              and perfect the mechanism of a free and                 harmonization of these registration                   public interest, for the protection of
                                              open market and a national market                       requirements across the various markets               investors, or otherwise in furtherance of
                                              system, and, in general, to protect                     will reduce burdens on competition by                 the purposes of the Act.
                                              investors and the public interest.                      removing impediments to participation                 IV. Solicitation of Comments
                                              Additionally, the Exchange believes the                 in the national market system and
                                              proposed rule change is consistent with                 promoting competition among                             Interested persons are invited to
                                                                                                      participants across the multiple national             submit written data, views, and
                                                 4 Pursuant to a Regulatory Services Agreement
                                                                                                      securities exchanges.                                 arguments concerning the foregoing,
amozie on DSK3GDR082PROD with NOTICES1




                                              between FINRA and Cboe Options, FINRA provides
                                              Cboe Options certain exam waiver services in                                                                    10 15  U.S.C. 78s(b)(3)(A).
                                              responding to exam waiver requests from Cboe                                                                    11 17  CFR 240.19b–4(f)(6)(iii).
                                              Options TPHs.                                                                                                    12 See supra note 3.
                                                 5 See Securities Exchange Act Release No. 81098                                                               13 For purposes only of waiving the 30-day
                                                                                                        8 Id.
                                              (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order                                                            operative delay, the Commission has also
                                              Approving File No. SR–FINRA–2017–007).                     9 See Securities Exchange Act Release No. 81098
                                                                                                                                                            considered the proposed rule’s impact on
                                                 6 15 U.S.C. 78f(b).                                  (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order    efficiency, competition, and capital formation. See
                                                 7 15 U.S.C. 78f(b)(5).                               Approving File No. SR–FINRA–2017–007).                15 U.S.C. 78c(f).



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                                                                         Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Notices                                           47665

                                              including whether the proposed rule                       SECURITIES AND EXCHANGE                                list of specific Eligible SES Reference
                                              change is consistent with the Act.                        COMMISSION                                             Entities to be cleared by ICC. ICC has
                                              Comments may be submitted by any of                                                                              also represented that clearing of the
                                                                                                        [Release No. 34–84130; File No. SR–ICC–
                                              the following methods:                                    2018–007]
                                                                                                                                                               additional EM Contract will not require
                                                                                                                                                               any changes to ICC’s Risk Management
                                              Electronic Comments                                                                                              Framework or other policies and
                                                                                                        Self-Regulatory Organizations; ICE
                                                • Use the Commission’s internet                         Clear Credit LLC; Order Approving                      procedures constituting rules within the
                                              comment form (http://www.sec.gov/                         Proposed Rule Change Relating to the                   meaning of the Securities Exchange Act
                                              rules/sro.shtml); or                                      Clearance of an Additional Credit                      of 1934 (‘‘Act’’).7
                                                • Send an email to rule-comments@                       Default Swap Contract
                                              sec.gov. Please include File Number SR–                                                                          III. Discussion and Commission
                                              CBOE–2018–064 on the subject line.                        September 14, 2018.                                    Findings
                                                                                                                                                                  Section 19(b)(2)(C) of the Act directs
                                              Paper Comments                                            I. Introduction
                                                                                                                                                               the Commission to approve a proposed
                                                 • Send paper comments in triplicate                       On June 13, 2018, ICE Clear Credit                  rule change of a self-regulatory
                                              to Secretary, Securities and Exchange                     LLC (‘‘ICC’’) filed with the Securities                organization if it finds that such
                                              Commission, 100 F Street NE,                              and Exchange Commission                                proposed rule change is consistent with
                                              Washington, DC 20549–1090.                                (‘‘Commission’’), pursuant to Section                  the requirements of the Act and the
                                              All submissions should refer to File                      19(b)(1) of the Securities Exchange Act                rules and regulations thereunder
                                              Number SR–CBOE–2018–064. This file                        of 1934 1 and Rule 19b–4 thereunder,2 a                applicable to such organization.8
                                              number should be included on the                          proposed rule change to revise the ICC                 Section 17A(b)(3)(F) of the Act requires,
                                              subject line if email is used. To help the                Rulebook (the ‘‘Rules’’) 3 to provide for              among other things, that the rules of a
                                              Commission process and review your                        the clearance of an additional Standard                registered clearing agency be designed
                                              comments more efficiently, please use                     Emerging Market Sovereign CDS                          to promote the prompt and accurate
                                              only one method. The Commission will                      contract (‘‘EM Contract’’). The proposed               clearance and settlement of securities
                                              post all comments on the Commission’s                     rule change was published for comment                  transactions, assure the safeguarding of
                                              internet website (http://www.sec.gov/                     in the Federal Register on July 3, 2018.4              securities and funds which are in the
                                              rules/sro.shtml). Copies of the                           The Commission did not receive                         custody or control of the clearing agency
                                              submission, all subsequent                                comments regarding the proposed rule                   for which it is responsible and, in
                                              amendments, all written statements                        change. On August 16, 2018, the                        general, to protect investors and the
                                              with respect to the proposed rule                         Commission designated a longer period                  public interest.9
                                              change that are filed with the                            for Commission action on the proposed                     The Commission finds that the rule
                                              Commission, and all written                               rule change.5 For the reasons discussed                change is consistent with Section
                                              communications relating to the                            below, the Commission is approving the                 17A(b)(3)(F) of the Act 10 and the rules
                                              proposed rule change between the                          proposed rule change.                                  and regulations thereunder applicable to
                                              Commission and any person, other than                     II. Description of the Proposed Rule                   ICC. The Commission has reviewed the
                                              those that may be withheld from the                       Change                                                 terms and conditions of this contract
                                              public in accordance with the                                                                                    and has determined that it is
                                                                                                           The proposed rule change will
                                              provisions of 5 U.S.C. 552, will be                                                                              substantially similar to the other
                                                                                                        provide the basis for ICC to clear an
                                              available for website viewing and                                                                                contracts listed in Subchapter 26D of
                                                                                                        additional credit default swap contract.
                                              printing in the Commission’s Public                                                                              the ICC Rules, all of which ICC
                                                                                                        ICC proposes to amend Subchapter 26D
                                              Reference Room, 100 F Street NE,                                                                                 currently clears, the key difference
                                                                                                        of its Rules to provide for the clearance
                                              Washington, DC 20549 on official                                                                                 being that the underlying reference
                                                                                                        of an additional EM Contract, the
                                              business days between the hours of                                                                               obligations will be issuances by the
                                                                                                        Lebanese Republic. ICC represents that
                                              10:00 a.m. and 3:00 p.m. Copies of the                                                                           Lebanese Republic. Moreover, after
                                                                                                        this additional EM Contract has terms
                                              filing also will be available for                                                                                reviewing the Notice and ICC’s Rules,
                                                                                                        consistent with the other EM Contracts
                                              inspection and copying at the principal                                                                          policies and procedures, the
                                                                                                        approved for clearing at ICC and is
                                              office of the Exchange. All comments                                                                             Commission finds that the additional
                                                                                                        governed by Subchapter 26D of the
                                              received will be posted without change.                                                                          EM Contract will be cleared pursuant to
                                                                                                        Rules.6 Minor revisions to Subchapter
                                              Persons submitting comments are                                                                                  ICC’s existing clearing arrangements and
                                                                                                        26D (Standard Emerging Market
                                              cautioned that we do not redact or edit                                                                          related financial safeguards, protections
                                                                                                        Sovereign (‘‘SES’’) Single Name) are
                                              personal identifying information from                                                                            and risk management procedures.11 In
                                                                                                        being made to provide for clearing the
                                              comment submissions. You should                                                                                  addition, based on its own experience
                                                                                                        additional EM Contract. Specifically, in
                                              submit only information that you wish                                                                            and expertise, including a review of
                                                                                                        Rule 26D–102 (Definitions), ‘‘Eligible
                                              to make available publicly. All                                                                                  data on volume, open interest, and the
                                                                                                        SES Reference Entities’’ is modified to
                                              submissions should refer to File                                                                                 number of ICC clearing participants
                                                                                                        include the Lebanese Republic in the
                                              Number SR–CBOE–2018–064 and                                                                                      (‘‘CPs’’) that currently trade in the
                                              should be submitted on or before                            1 15  U.S.C. 78s(b)(1).
                                                                                                                                                               additional EM Contract as well as
                                              October 11, 2018.                                           2 17  CFR 240.19b–4.                                 certain model parameters for the
                                                For the Commission, by the Division of                     3 Capitalized terms used herein but not otherwise   additional EM Contract, the
                                              Trading and Markets, pursuant to delegated                defined have the meaning set forth in the ICC Rules.   Commission finds that ICC’s rules,
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                        Available at https://www.theice.com/publicdocs/        policies, and procedures are reasonably
                                              authority.14
                                                                                                        clear_credit/ICE_Clear_Credit_Rules.pdf.
                                              Eduardo A. Aleman,                                           4 Securities Exchange Act Release No. 34–83545
                                                                                                                                                               designed to price and measure the
                                              Assistant Secretary.                                      (June 28, 2018), 83 FR 31244 (July 3, 2018) (SR–
                                                                                                                                                                7 Id.
                                                                                                        ICC–2018–007) (‘‘Notice’’).
                                              [FR Doc. 2018–20433 Filed 9–19–18; 8:45 am]                                                                       8 15 U.S.C. 78s(b)(2)(C).
                                                                                                           5 Securities Exchange Act Release No. 34–83864
                                              BILLING CODE 8011–01–P                                    (August 16, 2018), 83 FR 42540 (August 22, 2018)        9 15 U.S.C. 78q–1(b)(3)(F).
                                                                                                        (SR–ICC–2018–007).                                      10 15 U.S.C. 78q–1.
                                                14 17   CFR 200.30–3(a)(12).                               6 Notice, 83 FR at 31245.                            11 Notice, 83 FR at 31245.




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Document Created: 2018-09-20 02:08:33
Document Modified: 2018-09-20 02:08:33
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 47663 

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