83_FR_48134 83 FR 47950 - Self-Regulatory Organizations; Cboe EDGX 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 47950 - Self-Regulatory Organizations; Cboe EDGX 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 Range47950-47952
FR Document2018-20546

Federal Register, Volume 83 Issue 184 (Friday, September 21, 2018)
[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Notices]
[Pages 47950-47952]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20546]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84167; File No. SR-CboeEDGX-2018-040]


Self-Regulatory Organizations; Cboe EDGX 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 EDGX Exchange, Inc. (``Exchange'' or 
``EDGX'') 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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

[[Page 47951]]

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 
representative or principal-level examination(s) for Members who are 
seeking registration in a representative- or principal-level 
registration category.\4\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 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.\11\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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

[[Page 47952]]

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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, 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-CboeEDGX-2018-040 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-CboeEDGX-2018-040. 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-CboeEDGX-2018-040 and should be submitted 
on or before October 12, 2018.
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20546 Filed 9-20-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               47950                       Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Notices

                                               requires the approximately 373                          Information Officer, Securities and                   any comments it received on the
                                               registered transfer agents to establish                 Exchange Commission, c/o Candace                      proposed rule change. The text of these
                                               written standards for the acceptance or                 Kenner, 100 F Street NE, Washington,                  statements may be examined at the
                                               rejection of guarantees of securities                   DC 20549, or send an email to: PRA_                   places specified in Item IV below. The
                                               transfers from eligible guarantor                       Mailbox@sec.gov.                                      Exchange has prepared summaries, set
                                               institutions. Transfer agents are required                Dated. September 18, 2018.                          forth in Sections A, B, and C below, of
                                               to establish procedures to ensure that                  Eduardo A. Aleman,                                    the most significant parts of such
                                               those standards are used by the transfer                                                                      statements.
                                                                                                       Assistant Secretary.
                                               agent to determine whether to accept or
                                                                                                       [FR Doc. 2018–20592 Filed 9–20–18; 8:45 am]           A. Self-Regulatory Organization’s
                                               reject guarantees from eligible guarantor
                                                                                                       BILLING CODE 8011–01–P                                Statement of the Purpose of, and
                                               institutions. Transfer agents must
                                                                                                                                                             Statutory Basis for, the Proposed Rule
                                               maintain, for a period of three years
                                                                                                                                                             Change
                                               following the date of a rejection of
                                                                                                       SECURITIES AND EXCHANGE
                                               transfer, a record of all transfers                                                                           1. Purpose
                                                                                                       COMMISSION
                                               rejected, along with the reason for the                                                                          The SEC recently approved a
                                               rejection, identification of the guarantor,             [Release No. 34–84167; File No. SR–                   proposed rule change to restructure the
                                               and whether the guarantor failed to                     CboeEDGX–2018–040]
                                                                                                                                                             FINRA representative-level qualification
                                               meet the transfer agent’s guarantee                                                                           examination program.3 The rule change,
                                               standard. These recordkeeping                           Self-Regulatory Organizations; Cboe
                                                                                                       EDGX Exchange, Inc.; Notice of Filing                 which will become effective on October
                                               requirements assist the Commission and                                                                        1, 2018, restructures the examination
                                               other regulatory agencies with                          and Immediate Effectiveness of a
                                                                                                       Proposed Rule Change To Amend Its                     program into a more efficient format
                                               monitoring transfer agents and ensuring                                                                       whereby all new representative-level
                                               compliance with the rule.                               Rules Relating to Categories of
                                                                                                       Registration and Respective                           applicants will be required to take a
                                                  There are approximately 373                                                                                general knowledge examination (the
                                               registered transfer agents. The staff                   Qualification Examinations Required
                                                                                                       for Members That Engage in Trading                    Securities Industry Essentials
                                               estimates that each transfer agent will                                                                       Examination (‘‘SIE’’)) and a tailored,
                                               spend about 40 hours annually to                        Activities on the Exchange
                                                                                                                                                             specialized knowledge examination (a
                                               comply with Rule 17Ad–15, or a total of                 September 17, 2018.                                   revised representative-level
                                               14,920 hours for all transfer agents (373                  Pursuant to Section 19(b)(1) of the                qualification examination) for their
                                               × 40 hours = 14,920 hours). The                         Securities Exchange Act of 1934 (the                  particular registered role. Individuals
                                               Commission staff estimates that                         ‘‘Act’’),1 and Rule 19b–4 thereunder,2                are not required to be associated with an
                                               compliance staff work at each registered                notice is hereby given that on                        Exchange or any other self-regulatory
                                               transfer agent will result in an internal               September 14, 2018, Cboe EDGX                         organization (‘‘SRO’’) member to be
                                               cost of compliance (at an estimated                     Exchange, Inc. (‘‘Exchange’’ or ‘‘EDGX’’)             eligible to take the SIE. However,
                                               hourly wage of $283) of $11,320 per                     filed with the Securities and Exchange                passing the SIE alone will not qualify an
                                               year per transfer agent (40 hours × $283                Commission (‘‘Commission’’) the                       individual for registration with the
                                               per hour = $11,320 per year). Therefore,                proposed rule change as described in                  Exchange. To be eligible for registration,
                                               the aggregate annual internal cost of                   Items I and II below, which Items have                an individual must also be associated
                                               compliance for the approximately 373                    been prepared by the Exchange. The                    with a firm, pass an appropriate
                                               registered transfer agents is                           Commission is publishing this notice to               qualification examination for a
                                               approximately $4,222,360 ($11,320 ×                     solicit comments on the proposed rule                 representative or principal and satisfy
                                               373 = $4,222,360).                                      change from interested persons.                       the other requirements relating to the
                                                  Written comments are invited on: (a)
                                                                                                       I. Self-Regulatory Organization’s                     registration process.
                                               Whether the proposed collection of                                                                               The SIE would assess basic product
                                               information is necessary for the proper                 Statement of the Terms of Substance of
                                                                                                                                                             knowledge; the structure and function
                                               performance of the functions of the                     the Proposed Rule Change
                                                                                                                                                             of the securities industry markets,
                                               Commission, including whether the                          The Exchange is proposing to amend                 regulatory agencies and their functions;
                                               information shall have practical utility;               its rules relating to categories of                   and regulated and prohibited practices.
                                               (b) the accuracy of the Commission’s                    registration and respective qualification             In particular, the SIE will cover four
                                               estimates of the burden of the proposed                 examinations required for Members that                major areas. The first, ‘‘Knowledge of
                                               collection of information; (c) ways to                  engage in trading activities on the                   Capital Markets,’’ focuses on topics such
                                               enhance the quality, utility, and clarity               Exchange.                                             as types of markets and offerings,
                                               of the information on respondents; and                     The text of the proposed rule change               broker-dealers and depositories, and
                                               (d) ways to minimize the burden of the                  is available at the Exchange’s website at             economic cycles. The second,
                                               collection of information on                            www.markets.cboe.com, at the principal                ‘‘Understanding Products and Their
                                               respondents, including through the use                  office of the Exchange, and at the                    Risks,’’ covers securities products at a
                                               of automated collection techniques or                   Commission’s Public Reference Room.                   high level as well as associated
                                               other forms of information technology.                                                                        investment risks. The third,
                                               Consideration will be given to                          II. Self-Regulatory Organization’s
                                                                                                       Statement of the Purpose of, and                      ‘‘Understanding Trading, Customer
                                               comments and suggestions submitted in                                                                         Accounts and Prohibited Activities,’’
                                               writing within 60 days of this                          Statutory Basis for, the Proposed Rule
                                                                                                       Change                                                focuses on accounts, orders, settlement
                                               publication.                                                                                                  and prohibited activities. The final area,
daltland on DSKBBV9HB2PROD with NOTICES




                                                  An Agency may not conduct or                            In its filing with the Commission, the             ‘‘Overview of the Regulatory
                                               sponsor, and a person is not required to                Exchange included statements                          Framework,’’ encompasses topics such
                                               respond to, a collection of information                 concerning the purpose of and basis for               as SROs, registration requirements and
                                               under the PRA unless it displays a                      the proposed rule change and discussed
                                               currently valid OMB control number.                                                                              3 See Securities Exchange Act Release No. 81098
                                                  Please direct your written comments                    1 15 U.S.C. 78s(b)(1).                              (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order
                                               to: Pamela Dyson, Director/Chief                          2 17 CFR 240.19b–4.                                 Approving File No. SR–FINRA–2017–007).



                                          VerDate Sep<11>2014   17:30 Sep 20, 2018   Jkt 244001   PO 00000   Frm 00077   Fmt 4703   Sfmt 4703   E:\FR\FM\21SEN1.SGM   21SEN1


                                                                           Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Notices                                                  47951

                                               specified conduct rules. It’s anticipated               and Policy .01(b) of Rule 2.5, the                    change is consistent with the Section
                                               that the SIE would include 75 scored                    Exchange will consider waivers of the                 6(b)(5) 9 requirements that the rules of
                                               questions plus an additional 10                         SIE alone or the SIE and the                          an exchange be designed to prevent
                                               unscored pretest questions. The passing                 representative or principal-level                     fraudulent and manipulative acts and
                                               score would be determined through                       examination(s) for Members who are                    practices, to promote just and equitable
                                               methodologies compliant with testing                    seeking registration in a representative-             principles of trade, to foster cooperation
                                               industry standards used to develop                      or principal-level registration category.4            and coordination with persons engaged
                                               examinations and set passing standards.                    Lastly, the Exchange proposes to                   in regulating, clearing, settling,
                                                  The restructured program eliminates                  eliminate references in its rules to                  processing information with respect to,
                                               duplicative testing of general securities               alternative foreign examination                       and facilitating transactions in
                                               knowledge on the current                                modules, along with specific references               securities, to remove impediments to
                                               representative-level qualification                      to the Series 17, 37 and 38                           and perfect the mechanism of a free and
                                               examinations by moving such content                     examinations. Particularly, the                       open market and a national market
                                               into the SIE. The SIE will test                         Exchange notes that FINRA recently                    system, and, in general, to protect
                                               fundamental securities related                          announced it was eliminating the                      investors and the public interest.
                                               knowledge, including knowledge of                       United Kingdom Securities                             Additionally, the Exchange believes the
                                               basic products, the structure and                       Representative and the Canadian                       proposed rule change is consistent with
                                               function of the securities industry, the                Securities Representative registration                the Section 6(b)(5) 10 requirement that
                                               regulatory agencies and their functions                 categories, along with the respective                 the rules of an exchange not be designed
                                               and regulated and prohibited practices,                 associated exams (i.e., Series 17, Series             to permit unfair discrimination between
                                               whereas the revised representative-level                37 and Series 38).5 FINRA also stated                 customers, issuers, brokers, or dealers.
                                               qualification examinations will test                    that it intended to provide individuals                  The Exchange believes that the
                                               knowledge relevant to day-to-day                        who are associated persons of firms and               proposed rule change will improve the
                                               activities, responsibilities and job                    who hold foreign registrations an                     efficiency of the Exchange’s
                                               functions of representatives. The SIE                   alternative, more flexible, process to                examination requirements, without
                                               was developed in consultation with a                    obtain an Exchange representative-level               compromising the qualification
                                               committee of industry representatives                   registration.6 The Exchange believes                  standards, by eliminating duplicative
                                               and representatives of several other                    that there is sufficient overlap between              testing of general securities knowledge
                                               SROs. Each of the current                               the SIE and foreign qualification                     on examinations. FINRA has indicated
                                               representative-level examinations                       requirements to permit them to act as                 that the SIE was developed in an effort
                                               covers general securities knowledge,                    exemptions to the SIE. As such, the                   to adopt an examination that would
                                               with the exception of the Research                      Exchange proposes to provide that                     assess basic product knowledge; the
                                               Analyst (Series 86 and 87)                              individuals who are in good standing as               structure and function of the securities
                                               examinations.                                           representatives with the Financial                    industry markets, regulatory agencies
                                                  The Exchange proposes to require that
                                                                                                       Conduct Authority in the United                       and their functions; and regulated and
                                               effective October 1, 2018, new
                                                                                                       Kingdom or with a Canadian stock                      prohibited practices. The Exchange also
                                               applicants seeking to register in a
                                                                                                       exchange or securities regulator would                notes that the introduction of the SIE
                                               representative capacity with the
                                                                                                       be exempt from the requirement to pass                and expansion of the pool of individuals
                                               Exchange must pass the SIE before their
                                                                                                       the SIE, and thus would be required                   who are eligible to take the SIE, has the
                                               registrations can become effective. The
                                                                                                       only to pass a specialized knowledge                  potential of enhancing the pool of
                                               Exchange proposes to make the
                                                                                                       examination to register with the                      prospective securities industry
                                               requirement operative on October 1,
                                               2018 to coincide with the effective date                Exchange as a representative. The                     professionals by introducing them to
                                               of FINRA’s requirement.                                 proposed approach would provide                       securities laws, rules and regulations
                                                  The Exchange notes that individuals                  individuals with a United Kingdom or                  and appropriate conduct before they
                                               who are registered as of October 1, 2018                Canadian qualification more flexibility               join the industry in a registered
                                               are eligible to maintain their                          to obtain an Exchange representative-                 capacity. Lastly, the Exchange notes
                                               registrations without being subject to                  level registration. The Exchange notes                adopting the SIE requirement is
                                               any additional requirements.                            that FINRA has adopted a similar rule.7               consistent with the requirement recently
                                               Individuals who had been registered                                                                           adopted by FINRA.11
                                                                                                       2. Statutory Basis
                                               within the past two years prior to                                                                            B. Self-Regulatory Organization’s
                                               October 1, 2018, would also be eligible                    The Exchange believes the proposed
                                                                                                       rule change is consistent with the                    Statement on Burden on Competition
                                               to maintain those registrations without
                                               being subject to any additional                         Securities Exchange Act of 1934 (the                    The Exchange does not believe that
                                               requirements, provided they register                    ‘‘Act’’) and the rules and regulations                the proposed rule change will impose
                                               within two years from the date of their                 thereunder applicable to the Exchange                 any burden on competition that is not
                                               last registration. However, with respect                and, in particular, the requirements of               necessary or appropriate in furtherance
                                               to an individual who is not registered                  Section 6(b) of the Act.8 Specifically,               of the purposes of the Act. The
                                               on the effective date of the proposed                   the Exchange believes the proposed rule               Exchange believes that the proposed
                                               rule change but was registered within                                                                         rule change, which harmonizes its rules
                                               the past two years prior to the effective
                                                                                                          4 Pursuant to a Regulatory Services Agreement
                                                                                                                                                             with recent rule changes adopted by
                                                                                                       between FINRA and the Exchange, FINRA provides        FINRA and which is being filed in
                                               date of the proposed rule change, the                   the Exchange certain exam waiver services in
daltland on DSKBBV9HB2PROD with NOTICES




                                               individual’s SIE status in the CRD                      responding to exam waiver requests from Exchange      conjunction with similar filings by the
                                               system would be administratively                        Members.                                              other national securities exchanges, will
                                                                                                          5 See Securities Exchange Act Release No. 81098
                                               terminated if such individual does not
                                                                                                       (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order      9 15   U.S.C. 78f(b)(5).
                                               register with the Exchange within four                  Approving File No. SR–FINRA–2017–007).                  10 Id.
                                               years from the date of the individual’s                    6 Id.                                                 11 See Securities Exchange Act Release No. 81098
                                               last registration. The Exchange also                       7 Id.
                                                                                                                                                             (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order
                                               notes that consistent with Interpretation                  8 15 U.S.C. 78f(b).                                Approving File No. SR–FINRA–2017–007).



                                          VerDate Sep<11>2014   17:30 Sep 20, 2018   Jkt 244001   PO 00000   Frm 00078   Fmt 4703   Sfmt 4703   E:\FR\FM\21SEN1.SGM     21SEN1


                                               47952                       Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Notices

                                               reduce the regulatory burden placed on                     At any time within 60 days of the                  to make available publicly. All
                                               market participants engaged in trading                  filing of the proposed rule change, the               submissions should refer to File No.
                                               activities across different markets. The                Commission summarily may                              SR–CboeEDGX–2018–040 and should be
                                               Exchange believes that the                              temporarily suspend such rule change if               submitted on or before October 12,
                                               harmonization of these registration                     it appears to the Commission that such                2018.
                                               requirements across the various markets                 action is necessary or appropriate in the               For the Commission, by the Division of
                                               will reduce burdens on competition by                   public interest, for the protection of                Trading and Markets, pursuant to delegated
                                               removing impediments to participation                   investors, or otherwise in furtherance of             authority.16
                                               in the national market system and                       the purposes of the Act.                              Eduardo A. Aleman,
                                               promoting competition among                             IV. Solicitation of Comments                          Assistant Secretary.
                                               participants across the multiple national                                                                     [FR Doc. 2018–20546 Filed 9–20–18; 8:45 am]
                                               securities exchanges.                                     Interested persons are invited to
                                                                                                                                                             BILLING CODE 8011–01–P
                                                                                                       submit written data, views and
                                               C. Self-Regulatory Organization’s                       arguments concerning the foregoing,
                                               Statement on Comments on the                            including whether the proposal is
                                               Proposed Rule Change Received From                                                                            SECURITIES AND EXCHANGE
                                                                                                       consistent with the Act. Comments may
                                               Members, Participants or Others                                                                               COMMISSION
                                                                                                       be submitted by any of the following
                                                 The Exchange has neither solicited                    methods:                                              [Release No. 34–83936; File No. SR–
                                                                                                                                                             NYSEArca–2018–60]
                                               nor received written comments on the                    Electronic Comments
                                               proposed rule change.                                      • Use the Commission’s internet                    Self-Regulatory Organizations; NYSE
                                               III. Date of Effectiveness of the                       comment form (http://www.sec.gov/                     Arca, Inc.; Notice of Filing of Proposed
                                               Proposed Rule Change and Timing for                     rules/sro.shtml); or                                  Rule Change To List and Trade Shares
                                               Commission Action                                          • Send an email to rule-comments@                  of the First Trust Long Duration
                                                                                                       sec.gov. Please include File No. SR–                  Opportunities ETF Under NYSE Arca
                                                  Because the foregoing proposed rule                  CboeEDGX–2018–040 on the subject                      Rule 8.600–E
                                               change does not: (i) Significantly affect               line.
                                               the protection of investors or the public                                                                     August 24, 2018.
                                               interest; (ii) impose any significant                   Paper Comments                                        Correction
                                               burden on competition; and (iii) become                    • Send paper comments in triplicate                   In notice document 2018–18781,
                                               operative for 30 days from the date on                  to Secretary, Securities and Exchange                 appearing on pages 44312 through
                                               which it was filed, or such shorter time                Commission, 100 F Street NE,                          44320, in the issue of Thursday, August
                                               as the Commission may designate, it has                 Washington, DC 20549–1090.                            30, 2018, make the following correction:
                                               become effective pursuant to Section                    All submissions should refer to File No.                 On page 44320, in the second column,
                                               19(b)(3)(A) of the Act 12 and Rule 19b–                 SR-CboeEDGX–2018–040. This file                       in the first paragraph, in the last row,
                                               4(f)(6) thereunder.                                     number should be included on the                      ‘‘October 1, 2018’’ should read
                                                  A proposed rule change filed under                   subject line if email is used. To help the            ‘‘September 20, 2018’’.
                                               Rule 19b–4(f)(6) normally does not                      Commission process and review your                    [FR Doc. C1–2018–18781 Filed 9–20–18; 8:45 am]
                                               become operative for 30 days from the                   comments more efficiently, please use
                                                                                                                                                             BILLING CODE 1301–00–D
                                               date of filing. However, Rule 19b–                      only one method. The Commission will
                                               4(f)(6)(iii) 13 permits the Commission to               post all comments on the Commission’s
                                               designate a shorter time if such action                 internet website (http://www.sec.gov/                 SECURITIES AND EXCHANGE
                                               is consistent with the protection of                    rules/sro.shtml). Copies of the                       COMMISSION
                                               investors and the public interest. The                  submission, all subsequent
                                               Exchange has asked the Commission to                    amendments, all written statements                    Sunshine Act Meetings
                                               waive the 30-day operative delay so that                with respect to the proposed rule
                                               the proposal may become operative on                    change that are filed with the                        TIME AND DATE:  Notice is hereby given,
                                               October 1, 2018 to coincide with the                    Commission, and all written                           pursuant to the provisions of the
                                               effective date of FINRA’s proposed rule                 communications relating to the                        Government in the Sunshine Act, Public
                                               change on which the proposal is                         proposed rule change between the                      Law 94–409, that the Securities and
                                               based.14 The waiver of the operative                    Commission and any person, other than                 Exchange Commission staff will hold a
                                               delay would make the Exchange’s                         those that may be withheld from the                   public roundtable on Wednesday,
                                               qualification requirements consistent                   public in accordance with the                         September 26, 2018 at 9:30 a.m.
                                               with those of FINRA, as of October 1,                   provisions of 5 U.S.C. 552, will be                   PLACE: The roundtable will be held in
                                               2018. Therefore, the Commission                         available for website viewing and                     Multi-Purpose Room LL–006 at the
                                               believes that the waiver of the 30-day                  printing in the Commission’s Public                   Commission’s headquarters, 100 F
                                               operative delay is consistent with the                  Reference Room, 100 F Street NE,                      Street NE, Washington, DC.
                                               protection of investors and the public                  Washington, DC 20549, on official                     STATUS: The meeting will begin at 9:30
                                               interest and hereby waives the 30-day                   business days between the hours of                    a.m. and will be open to the public.
                                               operative delay and designates the                      10:00 a.m. and 3:00 p.m. Copies of the                Seating will be on a first-come, first-
                                               proposal operative on October 1, 2018.15                filing also will be available for                     served basis. Doors will open at 9:00
                                                                                                       inspection and copying at the principal               a.m. Visitors will be subject to security
daltland on DSKBBV9HB2PROD with NOTICES




                                                 12 15  U.S.C. 78s(b)(3)(A).                           office of the Exchange. All comments                  checks. The meeting will be webcast on
                                                 13 17  CFR 240.19b–4(f)(6)(iii).                      received will be posted without change.               the Commission’s website at
                                                  14 See supra note 3.
                                                                                                       Persons submitting comments are                       www.sec.gov.
                                                  15 For purposes only of waiving the 30-day
                                                                                                       cautioned that we do not redact or edit               MATTERS TO BE CONSIDERED: The
                                               operative delay, the Commission has also
                                               considered the proposed rule’s impact on
                                                                                                       personal identifying information from                 Commission staff will host a roundtable
                                               efficiency, competition, and capital formation. See     comment submissions. You should
                                               15 U.S.C. 78c(f).                                       submit only information that you wish                   16 17   CFR 200.30–3(a)(12).



                                          VerDate Sep<11>2014   17:30 Sep 20, 2018   Jkt 244001   PO 00000   Frm 00079   Fmt 4703   Sfmt 4703   E:\FR\FM\21SEN1.SGM    21SEN1



Document Created: 2018-09-21 00:24:11
Document Modified: 2018-09-21 00:24:11
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 47950 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR