83_FR_48129 83 FR 47945 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Rules Relating to Categories of Registration and Respective Qualification Examinations Required for Members That Engage in Trading Activities on the Exchange

83 FR 47945 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Rules Relating to Categories of Registration and Respective Qualification Examinations Required for Members That Engage in Trading Activities on the Exchange

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 184 (September 21, 2018)

Page Range47945-47947
FR Document2018-20544

Federal Register, Volume 83 Issue 184 (Friday, September 21, 2018)
[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Notices]
[Pages 47945-47947]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20544]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84166; File No. SR-CboeBZX-2018-071]


Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Its Rules Relating to Categories of Registration and Respective 
Qualification Examinations Required for Members That Engage in Trading 
Activities on the Exchange

September 17, 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 14, 2018, Cboe BZX Exchange, Inc. (``Exchange'' or 
``BZX'') filed with the Securities and Exchange Commission 
(``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

    The Exchange is proposing to amend its rules relating to categories 
of registration and respective qualification examinations required for 
Members that engage in trading activities on the Exchange.
    The text of the proposed rule change is available at the Exchange's 
website at www.markets.cboe.com, at the principal office of the 
Exchange, 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 parts 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.
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    \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).
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    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 .01(b) of Rule 2.5, the 
Exchange will consider waivers of the SIE alone or the SIE and the

[[Page 47946]]

representative or principal-level examination(s) for Members who are 
seeking registration in a representative- or principal-level 
registration category.\4\
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    \4\ Pursuant to a Regulatory Services Agreement between FINRA 
and the Exchange, FINRA provides the Exchange certain exam waiver 
services in responding to exam waiver requests from Exchange 
Members.
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    Lastly, the Exchange proposes to eliminate references in its rules 
to alternative foreign examination modules, along with specific 
references to the Series 17, 37 and 38 examinations. Particularly, the 
Exchange notes that FINRA recently announced it was eliminating the 
United Kingdom Securities Representative and the Canadian Securities 
Representative registration categories, along with the respective 
associated exams (i.e., Series 17, Series 37 and Series 38).\5\ FINRA 
also stated that it intended 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.\6\ The Exchange believes that there is sufficient overlap 
between the SIE and 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.\7\
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    \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).
    \6\ Id.
    \7\ Id.
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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.\8\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \9\ 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) \10\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ Id.
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    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.\11\
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    \11\ 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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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 has 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 \12\ and Rule 19b-
4(f)(6) thereunder.
---------------------------------------------------------------------------

    \12\ 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) \13\ 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.\14\ The waiver of the 
operative delay would make the Exchange's qualification requirements 
consistent with those of FINRA, as of October 1, 2018. 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.\15\
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    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ See supra note 3.
    \15\ 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).
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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

[[Page 47947]]

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, including whether the proposal 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 rule-comments@sec.gov. Please include 
File No. SR-CboeBZX-2018-071 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 No. SR-CboeBZX-2018-071. 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 No. SR-CboeBZX-2018-071 and should be submitted on 
or before October 12, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20544 Filed 9-20-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Notices                                         47945

                                               20260–1000. Telephone: (202) 268–                        places specified in Item IV below. The                unscored pretest questions. The passing
                                               4800.                                                    Exchange has prepared summaries, set                  score would be determined through
                                                                                                        forth in Sections A, B, and C below, of               methodologies compliant with testing
                                               Michael J. Elston,
                                                                                                        the most significant parts of such                    industry standards used to develop
                                               Acting Secretary.                                        statements.                                           examinations and set passing standards.
                                               [FR Doc. 2018–20752 Filed 9–19–18; 4:15 pm]                                                                       The restructured program eliminates
                                               BILLING CODE 7710–12–P
                                                                                                        A. Self-Regulatory Organization’s                     duplicative testing of general securities
                                                                                                        Statement of the Purpose of, and                      knowledge on the current
                                                                                                        Statutory Basis for, the Proposed Rule                representative-level qualification
                                                                                                        Change                                                examinations by moving such content
                                               SECURITIES AND EXCHANGE
                                               COMMISSION                                               1. Purpose                                            into the SIE. The SIE will test
                                                                                                           The SEC recently approved a                        fundamental securities related
                                               [Release No. 34–84166; File No. SR–
                                               CboeBZX–2018–071]                                        proposed rule change to restructure the               knowledge, including knowledge of
                                                                                                        FINRA representative-level qualification              basic products, the structure and
                                               Self-Regulatory Organizations; Cboe                      examination program.3 The rule change,                function of the securities industry, the
                                               BZX Exchange, Inc.; Notice of Filing                     which will become effective on October                regulatory agencies and their functions
                                               and Immediate Effectiveness of a                         1, 2018, restructures the examination                 and regulated and prohibited practices,
                                               Proposed Rule Change To Amend Its                        program into a more efficient format                  whereas the revised representative-level
                                               Rules Relating to Categories of                          whereby all new representative-level                  qualification examinations will test
                                               Registration and Respective                              applicants will be required to take a                 knowledge relevant to day-to-day
                                               Qualification Examinations Required                      general knowledge examination (the                    activities, responsibilities and job
                                               for Members That Engage in Trading                       Securities Industry Essentials                        functions of representatives. The SIE
                                               Activities on the Exchange                               Examination (‘‘SIE’’)) and a tailored,                was developed in consultation with a
                                                                                                        specialized knowledge examination (a                  committee of industry representatives
                                               September 17, 2018.
                                                                                                        revised representative-level                          and representatives of several other
                                                  Pursuant to Section 19(b)(1) of the                   qualification examination) for their                  SROs. Each of the current
                                               Securities Exchange Act of 1934 (the                     particular registered role. Individuals               representative-level examinations
                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   are not required to be associated with an             covers general securities knowledge,
                                               notice is hereby given that on                           Exchange or any other self-regulatory                 with the exception of the Research
                                               September 14, 2018, Cboe BZX                             organization (‘‘SRO’’) member to be                   Analyst (Series 86 and 87)
                                               Exchange, Inc. (‘‘Exchange’’ or ‘‘BZX’’)                 eligible to take the SIE. However,                    examinations.
                                               filed with the Securities and Exchange                                                                            The Exchange proposes to require that
                                                                                                        passing the SIE alone will not qualify an
                                               Commission (‘‘Commission’’) the                                                                                effective October 1, 2018, new
                                                                                                        individual for registration with the
                                               proposed rule change as described in                                                                           applicants seeking to register in a
                                                                                                        Exchange. To be eligible for registration,
                                               Items I and II below, which Items have                                                                         representative capacity with the
                                                                                                        an individual must also be associated
                                               been prepared by the Exchange. The                                                                             Exchange must pass the SIE before their
                                                                                                        with a firm, pass an appropriate
                                               Commission is publishing this notice to                                                                        registrations can become effective. The
                                                                                                        qualification examination for a
                                               solicit comments on the proposed rule                                                                          Exchange proposes to make the
                                                                                                        representative or principal and satisfy
                                               change from interested persons.                                                                                requirement operative on October 1,
                                                                                                        the other requirements relating to the
                                                                                                                                                              2018 to coincide with the effective date
                                               I. Self-Regulatory Organization’s                        registration process.
                                                                                                           The SIE would assess basic product                 of FINRA’s requirement.
                                               Statement of the Terms of Substance of                                                                            The Exchange notes that individuals
                                               the Proposed Rule Change                                 knowledge; the structure and function
                                                                                                                                                              who are registered as of October 1, 2018
                                                                                                        of the securities industry markets,
                                                  The Exchange is proposing to amend                                                                          are eligible to maintain their
                                                                                                        regulatory agencies and their functions;
                                               its rules relating to categories of                                                                            registrations without being subject to
                                                                                                        and regulated and prohibited practices.
                                               registration and respective qualification                                                                      any additional requirements.
                                                                                                        In particular, the SIE will cover four
                                               examinations required for Members that                                                                         Individuals who had been registered
                                                                                                        major areas. The first, ‘‘Knowledge of
                                               engage in trading activities on the                                                                            within the past two years prior to
                                                                                                        Capital Markets,’’ focuses on topics such
                                               Exchange.                                                                                                      October 1, 2018, would also be eligible
                                                                                                        as types of markets and offerings,
                                                  The text of the proposed rule change                                                                        to maintain those registrations without
                                                                                                        broker-dealers and depositories, and
                                               is available at the Exchange’s website at                                                                      being subject to any additional
                                                                                                        economic cycles. The second,
                                               www.markets.cboe.com, at the principal                                                                         requirements, provided they register
                                                                                                        ‘‘Understanding Products and Their
                                               office of the Exchange, and at the                                                                             within two years from the date of their
                                                                                                        Risks,’’ covers securities products at a
                                               Commission’s Public Reference Room.                                                                            last registration. However, with respect
                                                                                                        high level as well as associated
                                                                                                                                                              to an individual who is not registered
                                               II. Self-Regulatory Organization’s                       investment risks. The third,
                                                                                                                                                              on the effective date of the proposed
                                               Statement of the Purpose of, and                         ‘‘Understanding Trading, Customer
                                                                                                                                                              rule change but was registered within
                                               Statutory Basis for, the Proposed Rule                   Accounts and Prohibited Activities,’’
                                                                                                                                                              the past two years prior to the effective
                                               Change                                                   focuses on accounts, orders, settlement
                                                                                                                                                              date of the proposed rule change, the
                                                                                                        and prohibited activities. The final area,
                                                 In its filing with the Commission, the                                                                       individual’s SIE status in the CRD
                                                                                                        ‘‘Overview of the Regulatory
                                               Exchange included statements                                                                                   system would be administratively
                                                                                                        Framework,’’ encompasses topics such
                                               concerning the purpose of and basis for                                                                        terminated if such individual does not
                                                                                                        as SROs, registration requirements and
daltland on DSKBBV9HB2PROD with NOTICES




                                               the proposed rule change and discussed                                                                         register with the Exchange within four
                                                                                                        specified conduct rules. It’s anticipated
                                               any comments it received on the                                                                                years from the date of the individual’s
                                                                                                        that the SIE would include 75 scored
                                               proposed rule change. The text of these                                                                        last registration. The Exchange also
                                                                                                        questions plus an additional 10
                                               statements may be examined at the                                                                              notes that consistent with Interpretation
                                                                                                           3 See Securities Exchange Act Release No. 81098    and Policy .01(b) of Rule 2.5, the
                                                 1 15 U.S.C. 78s(b)(1).                                 (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order    Exchange will consider waivers of the
                                                 2 17 CFR 240.19b–4.                                    Approving File No. SR–FINRA–2017–007).                SIE alone or the SIE and the


                                          VerDate Sep<11>2014    17:30 Sep 20, 2018   Jkt 244001   PO 00000   Frm 00072   Fmt 4703   Sfmt 4703   E:\FR\FM\21SEN1.SGM   21SEN1


                                               47946                       Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Notices

                                               representative or principal-level                       fraudulent and manipulative acts and                  harmonization of these registration
                                               examination(s) for Members who are                      practices, to promote just and equitable              requirements across the various markets
                                               seeking registration in a representative-               principles of trade, to foster cooperation            will reduce burdens on competition by
                                               or principal-level registration category.4              and coordination with persons engaged                 removing impediments to participation
                                                  Lastly, the Exchange proposes to                     in regulating, clearing, settling,                    in the national market system and
                                               eliminate references in its rules to                    processing information with respect to,               promoting competition among
                                               alternative foreign examination                         and facilitating transactions in                      participants across the multiple national
                                               modules, along with specific references                 securities, to remove impediments to                  securities exchanges.
                                               to the Series 17, 37 and 38                             and perfect the mechanism of a free and
                                               examinations. Particularly, the                                                                               C. Self-Regulatory Organization’s
                                                                                                       open market and a national market                     Statement on Comments on the
                                               Exchange notes that FINRA recently                      system, and, in general, to protect
                                               announced it was eliminating the                                                                              Proposed Rule Change Received From
                                                                                                       investors and the public interest.                    Members, Participants or Others
                                               United Kingdom Securities                               Additionally, the Exchange believes the
                                               Representative and the Canadian                         proposed rule change is consistent with                 The Exchange has neither solicited
                                               Securities Representative registration                  the Section 6(b)(5) 10 requirement that               nor received written comments on the
                                               categories, along with the respective                   the rules of an exchange not be designed              proposed rule change.
                                               associated exams (i.e., Series 17, Series               to permit unfair discrimination between               III. Date of Effectiveness of the
                                               37 and Series 38).5 FINRA also stated                   customers, issuers, brokers, or dealers.              Proposed Rule Change and Timing for
                                               that it intended to provide individuals                    The Exchange believes that the                     Commission Action
                                               who are associated persons of firms and                 proposed rule change will improve the
                                               who hold foreign registrations an                       efficiency of the Exchange’s                             Because the foregoing proposed rule
                                               alternative, more flexible, process to                  examination requirements, without                     change does not: (i) Significantly affect
                                               obtain an Exchange representative-level                 compromising the qualification                        the protection of investors or the public
                                               registration.6 The Exchange believes                    standards, by eliminating duplicative                 interest; (ii) impose any significant
                                               that there is sufficient overlap between                testing of general securities knowledge               burden on competition; and (iii) become
                                               the SIE and foreign qualification                       on examinations. FINRA has indicated                  operative for 30 days from the date on
                                               requirements to permit them to act as                   that the SIE was developed in an effort               which it was filed, or such shorter time
                                               exemptions to the SIE. As such, the                     to adopt an examination that would                    as the Commission may designate, it has
                                               Exchange proposes to provide that                       assess basic product knowledge; the                   become effective pursuant to Section
                                               individuals who are in good standing as                 structure and function of the securities              19(b)(3)(A) of the Act 12 and Rule 19b–
                                               representatives with the Financial                      industry markets, regulatory agencies                 4(f)(6) thereunder.
                                               Conduct Authority in the United                                                                                  A proposed rule change filed under
                                                                                                       and their functions; and regulated and
                                               Kingdom or with a Canadian stock                                                                              Rule 19b–4(f)(6) normally does not
                                                                                                       prohibited practices. The Exchange also
                                               exchange or securities regulator would                                                                        become operative for 30 days from the
                                                                                                       notes that the introduction of the SIE
                                               be exempt from the requirement to pass                                                                        date of filing. However, Rule 19b–
                                                                                                       and expansion of the pool of individuals
                                               the SIE, and thus would be required                                                                           4(f)(6)(iii) 13 permits the Commission to
                                                                                                       who are eligible to take the SIE, has the
                                               only to pass a specialized knowledge                                                                          designate a shorter time if such action
                                                                                                       potential of enhancing the pool of
                                               examination to register with the                                                                              is consistent with the protection of
                                                                                                       prospective securities industry
                                               Exchange as a representative. The                                                                             investors and the public interest. The
                                                                                                       professionals by introducing them to
                                               proposed approach would provide                                                                               Exchange has asked the Commission to
                                                                                                       securities laws, rules and regulations
                                               individuals with a United Kingdom or                                                                          waive the 30-day operative delay so that
                                                                                                       and appropriate conduct before they
                                               Canadian qualification more flexibility                                                                       the proposal may become operative on
                                                                                                       join the industry in a registered
                                               to obtain an Exchange representative-                                                                         October 1, 2018 to coincide with the
                                                                                                       capacity. Lastly, the Exchange notes
                                               level registration. The Exchange notes                                                                        effective date of FINRA’s proposed rule
                                                                                                       adopting the SIE requirement is
                                               that FINRA has adopted a similar rule.7                                                                       change on which the proposal is
                                                                                                       consistent with the requirement recently
                                                                                                                                                             based.14 The waiver of the operative
                                               2. Statutory Basis                                      adopted by FINRA.11
                                                                                                                                                             delay would make the Exchange’s
                                                  The Exchange believes the proposed                   B. Self-Regulatory Organization’s                     qualification requirements consistent
                                               rule change is consistent with the                      Statement on Burden on Competition                    with those of FINRA, as of October 1,
                                               Securities Exchange Act of 1934 (the                                                                          2018. Therefore, the Commission
                                                                                                         The Exchange does not believe that
                                               ‘‘Act’’) and the rules and regulations                                                                        believes that the waiver of the 30-day
                                                                                                       the proposed rule change will impose
                                               thereunder applicable to the Exchange                                                                         operative delay is consistent with the
                                                                                                       any burden on competition that is not
                                               and, in particular, the requirements of                                                                       protection of investors and the public
                                                                                                       necessary or appropriate in furtherance
                                               Section 6(b) of the Act.8 Specifically,                                                                       interest and hereby waives the 30-day
                                                                                                       of the purposes of the Act. The
                                               the Exchange believes the proposed rule                                                                       operative delay and designates the
                                                                                                       Exchange believes that the proposed
                                               change is consistent with the Section                                                                         proposal operative on October 1, 2018.15
                                                                                                       rule change, which harmonizes its rules
                                               6(b)(5) 9 requirements that the rules of                                                                         At any time within 60 days of the
                                               an exchange be designed to prevent                      with recent rule changes adopted by
                                                                                                       FINRA and which is being filed in                     filing of the proposed rule change, the
                                                                                                       conjunction with similar filings by the               Commission summarily may
                                                  4 Pursuant to a Regulatory Services Agreement
                                                                                                       other national securities exchanges, will             temporarily suspend such rule change if
                                               between FINRA and the Exchange, FINRA provides
                                               the Exchange certain exam waiver services in            reduce the regulatory burden placed on                it appears to the Commission that such
                                               responding to exam waiver requests from Exchange
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                                                                                                       market participants engaged in trading
                                               Members.                                                                                                        12 15  U.S.C. 78s(b)(3)(A).
                                                  5 See Securities Exchange Act Release No. 81098      activities across different markets. The                13 17  CFR 240.19b–4(f)(6)(iii).
                                               (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order      Exchange believes that the                               14 See supra note 3.
                                               Approving File No. SR–FINRA–2017–007).                                                                           15 For purposes only of waiving the 30-day
                                                  6 Id.                                                  10 Id.
                                                                                                                                                             operative delay, the Commission has also
                                                  7 Id.                                                   11 See Securities Exchange Act Release No. 81098   considered the proposed rule’s impact on
                                                  8 15 U.S.C. 78f(b).
                                                                                                       (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order    efficiency, competition, and capital formation. See
                                                  9 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. 184 / Friday, September 21, 2018 / Notices                                                       47947

                                               action is necessary or appropriate in the                 For the Commission, by the Division of                approve or disapprove the proposed
                                               public interest, for the protection of                  Trading and Markets, pursuant to delegated              rule change.
                                               investors, or otherwise in furtherance of               authority.16
                                                                                                       Eduardo A. Aleman,                                      II. Description of the Proposed Rule
                                               the purposes of the Act.
                                                                                                       Assistant Secretary.
                                                                                                                                                               Change
                                               IV. Solicitation of Comments                                                                                       The Exchange proposes to amend its
                                                                                                       [FR Doc. 2018–20544 Filed 9–20–18; 8:45 am]
                                                 Interested persons are invited to                     BILLING CODE 8011–01–P
                                                                                                                                                               fee schedule to establish connectivity
                                               submit written data, views and                                                                                  fees for Participants 8 and non-
                                               arguments concerning the foregoing,                                                                             Participants who connect to the BOX
                                               including whether the proposal is                       SECURITIES AND EXCHANGE                                 network. Specifically, the Exchange
                                               consistent with the Act. Comments may                   COMMISSION                                              proposes to charge Participants and
                                               be submitted by any of the following                                                                            non-Participants with 10 Gigabit
                                               methods:                                                [Release No. 34–84168; File No. SR–BOX–                 connections a monthly fee of $5,000 per
                                                                                                       2018–24]                                                connection, and Participants and non-
                                               Electronic Comments                                                                                             Participants with non-10 Gigabit
                                                 • Use the Commission’s internet                       Self-Regulatory Organizations; BOX                      connections a monthly fee of $1,000 per
                                               comment form (http://www.sec.gov/                       Options Exchange LLC; Suspension of                     connection. The Exchange would charge
                                               rules/sro.shtml); or                                    and Order Instituting Proceedings To                    the applicable connectivity fee for each
                                                 • Send an email to rule-comments@                     Determine Whether To Approve or                         calendar month to any Participant or
                                               sec.gov. Please include File No. SR–                    Disapprove a Proposed Rule Change                       non-Participant connected as of the last
                                               CboeBZX–2018–071 on the subject line.                   To Amend the Fee Schedule on the                        trading day of that month.
                                                                                                       BOX Market LLC Options Facility To                         The Exchange also proposes to amend
                                               Paper Comments                                          Establish BOX Connectivity Fees for                     its fee schedule to reclassify the HSVF
                                                  • Send paper comments in triplicate                  Participants and Non-Participants Who                   connection as a port fee and to state that
                                               to Secretary, Securities and Exchange                   Connect to the BOX Network                              subscribers must be credentialed by the
                                               Commission, 100 F Street NE,                                                                                    Exchange to receive the HSVF.
                                                                                                       September 17, 2018.
                                               Washington, DC 20549–1090.                                                                                      According to the Exchange, the HSVF
                                               All submissions should refer to File No.                I. Introduction                                         subscription is not dependent on a
                                               SR–CboeBZX–2018–071. This file                             On July 19, 2018, BOX Options                        physical connection to the Exchange,
                                               number should be included on the                        Exchange LLC (‘‘BOX’’ or the                            and thus is a port and not a physical
                                               subject line if email is used. To help the              ‘‘Exchange’’) filed with the Securities                 connectivity option.9 The amount of the
                                               Commission process and review your                      and Exchange Commission                                 HSVF fee would remain unchanged, and
                                               comments more efficiently, please use                   (‘‘Commission’’), pursuant to Section                   the Exchange would continue to assess
                                               only one method. The Commission will                    19(b)(1) of the Securities Exchange Act                 an HSVF port fee of $1,500 per month
                                               post all comments on the Commission’s                   of 1934 (‘‘Act’’),1 and Rule 19b–4                      for each month a Participant or non-
                                               internet website (http://www.sec.gov/                   thereunder,2 a proposed rule change                     Participant is credentialed to use the
                                               rules/sro.shtml). Copies of the                         (File No. SR–BOX–2018–24) to amend                      HSVF port.
                                               submission, all subsequent                              the BOX fee schedule to establish                       III. Suspension of the Proposed Rule
                                               amendments, all written statements                      certain connectivity fees and reclassify                Change
                                               with respect to the proposed rule                       its high speed vendor feed (‘‘HSVF’’)                      Pursuant to Section 19(b)(3)(C) of the
                                               change that are filed with the                          connection as a port fee. The proposed                  Act,10 at any time within 60 days of the
                                               Commission, and all written                             rule change was immediately effective                   date of filing of a proposed rule change
                                               communications relating to the                          upon filing with the Commission                         pursuant to Section 19(b)(1) of the
                                               proposed rule change between the                        pursuant to Section 19(b)(3)(A) of the                  Act,11 the Commission summarily may
                                               Commission and any person, other than                   Act.3 The proposed rule change was                      temporarily suspend the change in the
                                               those that may be withheld from the                     published for comment in the Federal                    rules of a self-regulatory organization
                                               public in accordance with the                           Register on August 2, 2018.4 The                        (‘‘SRO’’) if it appears to the Commission
                                               provisions of 5 U.S.C. 552, will be                     Commission has received one comment                     that such action is necessary or
                                               available for website viewing and                       letter on the proposal 5 and one                        appropriate in the public interest, for
                                               printing in the Commission’s Public                     response letter from the Exchange.6                     the protection of investors, or otherwise
                                               Reference Room, 100 F Street NE,                        Under Section 19(b)(3)(C) of the Act,7                  in furtherance of the purposes of the
                                               Washington, DC 20549, on official                       the Commission is hereby: (i)                           Act. As discussed below, the
                                               business days between the hours of                      Temporarily suspending the proposed                     Commission believes a temporary
                                               10:00 a.m. and 3:00 p.m. Copies of the                  rule change; and (ii) instituting                       suspension of the proposed rule change
                                               filing also will be available for                       proceedings to determine whether to                     is necessary and appropriate to allow for
                                               inspection and copying at the principal                                                                         additional analysis of the proposed rule
                                               office of the Exchange. All comments                      16 17  CFR 200.30–3(a)(12).                           change’s consistency with the Act and
                                               received will be posted without change.                   1 15  U.S.C. 78s(b)(1).
                                                                                                                                                               the rules thereunder.
                                               Persons submitting comments are                            2 17 CFR 240.19b–4.
                                                                                                                                                                  As noted above, the Commission
                                                                                                          3 15 U.S.C. 78s(b)(3)(A).
                                               cautioned that we do not redact or edit                                                                         received one comment letter on the
                                                                                                          4 See Securities Exchange Act Release No. 83728
                                               personal identifying information from
                                                                                                       (July 27, 2018), 83 FR 37853 (‘‘Notice’’).
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                                               comment submissions. You should                            5 See Letter from Tyler Gellasch, Executive            8 A participant is defined under BOX Rule
                                               submit only information that you wish                   Director, The Healthy Markets Association, to Brent     100(a)(41) as a firm or organization that is registered
                                               to make available publicly. All                         J. Fields, Secretary, Commission, dated August 23,      with the Exchange pursuant to the BOX Rule 2000
                                               submissions should refer to File No.                    2018 (‘‘Healthy Markets Letter’’).                      Series for purposes of participating in trading on a
                                                                                                          6 See Letter from Lisa J. Fall, President, BOX, to   facility of the Exchange (‘‘Participant’’).
                                               SR–CboeBZX–2018–071 and should be                                                                                 9 See Notice, supra note 4, at 37853.
                                                                                                       Brent J. Fields, Secretary, Commission, dated
                                               submitted on or before October 12,                      September 12, 2018 (‘‘BOX Response Letter’’).             10 15 U.S.C. 78s(b)(3)(C).
                                               2018.                                                      7 15 U.S.C. 78s(b)(3)(C).                              11 15 U.S.C. 78s(b)(1).




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Document Created: 2018-09-21 00:24:26
Document Modified: 2018-09-21 00:24:26
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 47945 

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