83_FR_48860 83 FR 48673 - Self-Regulatory Organizations; Cboe BYX 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 48673 - Self-Regulatory Organizations; Cboe BYX 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 187 (September 26, 2018)

Page Range48673-48675
FR Document2018-20878

Federal Register, Volume 83 Issue 187 (Wednesday, September 26, 2018)
[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Notices]
[Pages 48673-48675]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20878]



[[Page 48673]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84229; File No. SR-CboeBYX-2018-019]


Self-Regulatory Organizations; Cboe BYX 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 20, 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 18, 2018, Cboe BYX Exchange, Inc. (``Exchange'' or 
``BYX'') 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 filed a proposal 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 
representative or principal-level examination(s) for Members who are

[[Page 48674]]

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

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

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

    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

[[Page 48675]]

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 [email protected]. Please include 
File No. SR-CboeBYX-2018-019 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-CboeBYX-2018-019. 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-CboeBYX-2018-019 and should be submitted on 
or before October 17, 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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Brent J. Fields,
Secretary.
[FR Doc. 2018-20878 Filed 9-25-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                          Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices                                        48673

                                               SECURITIES AND EXCHANGE                                  A. Self-Regulatory Organization’s                        The restructured program eliminates
                                               COMMISSION                                               Statement of the Purpose of, and                      duplicative testing of general securities
                                                                                                        Statutory Basis for, the Proposed Rule                knowledge on the current
                                               [Release No. 34–84229; File No. SR–
                                                                                                        Change                                                representative-level qualification
                                               CboeBYX–2018–019]                                        1. Purpose                                            examinations by moving such content
                                                                                                                                                              into the SIE. The SIE will test
                                                                                                           The SEC recently approved a                        fundamental securities related
                                               Self-Regulatory Organizations; Cboe
                                                                                                        proposed rule change to restructure the
                                               BYX Exchange, Inc.; Notice of Filing                                                                           knowledge, including knowledge of
                                                                                                        FINRA representative-level qualification
                                               and Immediate Effectiveness of a                                                                               basic products, the structure and
                                                                                                        examination program.3 The rule change,
                                               Proposed Rule Change To Amend Its                                                                              function of the securities industry, the
                                                                                                        which will become effective on October
                                               Rules Relating to Categories of                          1, 2018, restructures the examination                 regulatory agencies and their functions
                                               Registration and Respective                              program into a more efficient format                  and regulated and prohibited practices,
                                               Qualification Examinations Required                      whereby all new representative-level                  whereas the revised representative-level
                                               for Members That Engage in Trading                       applicants will be required to take a                 qualification examinations will test
                                               Activities on the Exchange                               general knowledge examination (the                    knowledge relevant to day-to-day
                                                                                                        Securities Industry Essentials                        activities, responsibilities and job
                                               September 20, 2018.                                                                                            functions of representatives. The SIE
                                                                                                        Examination (‘‘SIE’’)) and a tailored,
                                                  Pursuant to Section 19(b)(1) of the                   specialized knowledge examination (a                  was developed in consultation with a
                                               Securities Exchange Act of 1934 (the                     revised representative-level                          committee of industry representatives
                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   qualification examination) for their                  and representatives of several other
                                               notice is hereby given that on                           particular registered role. Individuals               SROs. Each of the current
                                               September 18, 2018, Cboe BYX                             are not required to be associated with an             representative-level examinations
                                               Exchange, Inc. (‘‘Exchange’’ or ‘‘BYX’’)                 Exchange or any other self-regulatory                 covers general securities knowledge,
                                               filed with the Securities and Exchange                   organization (‘‘SRO’’) member to be                   with the exception of the Research
                                               Commission (‘‘Commission’’) the                          eligible to take the SIE. However,                    Analyst (Series 86 and 87)
                                               proposed rule change as described in                     passing the SIE alone will not qualify an             examinations.
                                               Items I and II below, which Items have                   individual for registration with the                     The Exchange proposes to require that
                                               been prepared by the Exchange. The                       Exchange. To be eligible for registration,            effective October 1, 2018, new
                                               Commission is publishing this notice to                  an individual must also be associated                 applicants seeking to register in a
                                               solicit comments on the proposed rule                    with a firm, pass an appropriate                      representative capacity with the
                                               change from interested persons.                          qualification examination for a                       Exchange must pass the SIE before their
                                                                                                        representative or principal and satisfy               registrations can become effective. The
                                               I. Self-Regulatory Organization’s                        the other requirements relating to the
                                               Statement of the Terms of Substance of                                                                         Exchange proposes to make the
                                                                                                        registration process.                                 requirement operative on October 1,
                                               the Proposed Rule Change                                    The SIE would assess basic product                 2018 to coincide with the effective date
                                                                                                        knowledge; the structure and function                 of FINRA’s requirement.
                                                  The Exchange filed a proposal to
                                                                                                        of the securities industry markets,
                                               amend its rules relating to categories of                                                                         The Exchange notes that individuals
                                                                                                        regulatory agencies and their functions;
                                               registration and respective qualification                                                                      who are registered as of October 1, 2018
                                                                                                        and regulated and prohibited practices.
                                               examinations required for Members that                                                                         are eligible to maintain their
                                                                                                        In particular, the SIE will cover four
                                               engage in trading activities on the                                                                            registrations without being subject to
                                                                                                        major areas. The first, ‘‘Knowledge of
                                               Exchange.                                                Capital Markets,’’ focuses on topics such             any additional requirements.
                                                  The text of the proposed rule change                  as types of markets and offerings,                    Individuals who had been registered
                                               is available at the Exchange’s website at                broker-dealers and depositories, and                  within the past two years prior to
                                               www.markets.cboe.com, at the principal                   economic cycles. The second,                          October 1, 2018, would also be eligible
                                               office of the Exchange, and at the                       ‘‘Understanding Products and Their                    to maintain those registrations without
                                               Commission’s Public Reference Room.                      Risks,’’ covers securities products at a              being subject to any additional
                                                                                                        high level as well as associated                      requirements, provided they register
                                               II. Self-Regulatory Organization’s                                                                             within two years from the date of their
                                                                                                        investment risks. The third,
                                               Statement of the Purpose of, and                         ‘‘Understanding Trading, Customer                     last registration. However, with respect
                                               Statutory Basis for, the Proposed Rule                   Accounts and Prohibited Activities,’’                 to an individual who is not registered
                                               Change                                                   focuses on accounts, orders, settlement               on the effective date of the proposed
                                                 In its filing with the Commission, the                 and prohibited activities. The final area,            rule change but was registered within
                                               Exchange included statements                             ‘‘Overview of the Regulatory                          the past two years prior to the effective
                                               concerning the purpose of and basis for                  Framework,’’ encompasses topics such                  date of the proposed rule change, the
                                               the proposed rule change and discussed                   as SROs, registration requirements and                individual’s SIE status in the CRD
                                               any comments it received on the                          specified conduct rules. It’s anticipated             system would be administratively
                                               proposed rule change. The text of these                  that the SIE would include 75 scored                  terminated if such individual does not
                                               statements may be examined at the                        questions plus an additional 10                       register with the Exchange within four
                                                                                                        unscored pretest questions. The passing               years from the date of the individual’s
                                               places specified in Item IV below. The
                                                                                                        score would be determined through
daltland on DSKBBV9HB2PROD with NOTICES




                                               Exchange has prepared summaries, set                                                                           last registration. The Exchange also
                                                                                                        methodologies compliant with testing                  notes that consistent with Interpretation
                                               forth in Sections A, B, and C below, of
                                                                                                        industry standards used to develop                    and Policy .01(b) of Rule 2.5, the
                                               the most significant parts of such
                                                                                                        examinations and set passing standards.               Exchange will consider waivers of the
                                               statements.
                                                                                                                                                              SIE alone or the SIE and the
                                                                                                           3 See Securities Exchange Act Release No. 81098
                                                 1 15 U.S.C. 78s(b)(1).                                 (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order
                                                                                                                                                              representative or principal-level
                                                 2 17 CFR 240.19b–4.                                    Approving File No. SR–FINRA–2017–007).                examination(s) for Members who are


                                          VerDate Sep<11>2014    19:21 Sep 25, 2018   Jkt 244001   PO 00000   Frm 00089   Fmt 4703   Sfmt 4703   E:\FR\FM\26SEN1.SGM   26SEN1


                                               48674                   Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices

                                               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
                                                                                                       with recent rule changes adopted by
                                               an exchange be designed to prevent                                                                            filing of the proposed rule change, the
                                                                                                       FINRA and which is being filed in
                                               fraudulent and manipulative acts and                                                                          Commission summarily may
                                               practices, to promote just and equitable                conjunction with similar filings by the
                                                                                                       other national securities exchanges, will             temporarily suspend such rule change if
                                                                                                       reduce the regulatory burden placed on                it appears to the Commission that such
                                                  4 Pursuant to a Regulatory Services Agreement
                                                                                                       market participants engaged in trading                action is necessary or appropriate in the
                                               between FINRA and the Exchange, FINRA provides
                                               the Exchange certain exam waiver services in            activities across different markets. The              public interest, for the protection of
                                               responding to exam waiver requests from Exchange
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                                                                                                       Exchange believes that the
                                               Members.                                                                                                        12 15  U.S.C. 78s(b)(3)(A).
                                                  5 See Securities Exchange Act Release No. 81098      harmonization of these registration                     13 17  CFR 240.19b–4(f)(6)(iii).
                                               (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order      requirements across the various markets                  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. 187 / Wednesday, September 26, 2018 / Notices                                                     48675

                                               investors, or otherwise in furtherance of                 For the Commission, by the Division of                identities of and/or the number of pools
                                               the purposes of the Act.                                Trading and Markets, pursuant to delegated              underlying each trade are unknown at
                                                                                                       authority.16                                            the time of trade execution.7 MBSD
                                               IV. Solicitation of Comments                            Brent J. Fields,                                        guidelines provide that two business
                                                                                                       Secretary.                                              days prior to the established settlement
                                                 Interested persons are invited to
                                               submit written data, views and                          [FR Doc. 2018–20878 Filed 9–25–18; 8:45 am]             date of the TBA settlement obligations,
                                               arguments concerning the foregoing,                     BILLING CODE 8011–01–P                                  the FICC MBSD clearing member
                                               including whether the proposal is                                                                               (‘‘Clearing Member’’) that has an
                                               consistent with the Act. Comments may                                                                           obligation to deliver pools for the TBA
                                                                                                       SECURITIES AND EXCHANGE                                 transaction (i.e., the ‘‘seller’’) must
                                               be submitted by any of the following                    COMMISSION                                              allocate the pools to be delivered.8 FICC
                                               methods:
                                                                                                       [Release No. 34–84236; File No. SR–FICC–                states that pursuant to the MBSD Rules,
                                               Electronic Comments                                     2018–006]                                               Clearing Members may substitute an
                                                                                                                                                               underlying pool after it has been
                                                 • Use the Commission’s internet                       Self-Regulatory Organizations; Fixed                    allocated with respect to a pool deliver
                                               comment form (http://www.sec.gov/                       Income Clearing Corporation; Order                      obligation by providing instructions to
                                               rules/sro.shtml); or                                    Granting Approval of Proposed Rule                      FICC.9
                                                 • Send an email to rule-comments@                     Change To Codify the Processing of                         CPR is the percentage of the
                                               sec.gov. Please include File No. SR–                    Conditional Prepayment Rate Claims in                   outstanding loan balance for a pool that
                                               CboeBYX–2018–019 on the subject line.                   the MBSD Rules and Make Other                           is expected to be repaid over a one-year
                                                                                                       Changes                                                 period.10 A CPR claim arises when an
                                               Paper Comments                                                                                                  underlying TBA pool is allocated or
                                                                                                       September 20, 2018.                                     substituted with a pool that pays down
                                                 • Send paper comments in triplicate                      On July 26, 2018, Fixed Income                       at a faster rate (i.e., has a higher CPR)
                                               to Secretary, Securities and Exchange                   Clearing Corporation (‘‘FICC’’) filed                   than the average pay down rate for pools
                                               Commission, 100 F Street NE,                            with the U.S. Securities and Exchange                   of the same type as the underlying pool
                                               Washington, DC 20549–1090.                              Commission (‘‘Commission’’) proposed                    being replaced.11 The result is that the
                                               All submissions should refer to File No.                rule change SR–FICC–2018–006                            buyer is receiving a pool with less value
                                               SR–CboeBYX–2018–019. This file                          pursuant to Section 19(b)(1) of the                     than anticipated based on the TBA
                                               number should be included on the                        Securities Exchange Act of 1934                         terms.
                                                                                                       (‘‘Act’’) 1 and Rule 19b–4 thereunder.2                    As provided in the SIFMA
                                               subject line if email is used. To help the
                                                                                                       The proposed rule change was                            Guidelines,12 the industry currently has
                                               Commission process and review your
                                                                                                       published for comment in the Federal                    a process pursuant to which a buyer
                                               comments more efficiently, please use
                                                                                                       Register on August 8, 2018.3 The                        may make a CPR claim against the
                                               only one method. The Commission will
                                                                                                       Commission did not receive any                          seller. The CPR claim process is
                                               post all comments on the Commission’s
                                                                                                       comment letters on the proposed rule                    intended to compensate the buyer for
                                               internet website (http://www.sec.gov/
                                                                                                       change. For the reasons discussed                       the excess amount that it is paying for
                                               rules/sro.shtml). Copies of the
                                                                                                       below, the Commission approves the                      the pool being delivered.13 Pursuant to
                                               submission, all subsequent
                                                                                                       proposed rule change.                                   SIFMA Guidelines, an entity is entitled
                                               amendments, all written statements
                                               with respect to the proposed rule                       I. Description of the Proposed Rule                     to make a CPR claim if (i) the allocation
                                               change that are filed with the                          Change                                                  or substitution giving rise to the CPR
                                               Commission, and all written                                                                                     claim occurred after the factor release
                                                                                                          The proposed rule change would
                                               communications relating to the                                                                                  date 14 following the scheduled
                                                                                                       make amendments to FICC’s Mortgage-
                                               proposed rule change between the                                                                                contractual settlement date relating to
                                                                                                       Backed Securities Division (‘‘MBSD’’)
                                               Commission and any person, other than                                                                           the trade; (ii) the pools involved in the
                                                                                                       Clearing Rules (‘‘MBSD Rules’’) 4 in
                                               those that may be withheld from the                                                                             claim meet the criteria for fast paying
                                                                                                       order to (i) add terms governing MBSD’s
                                               public in accordance with the                                                                                   pools in accordance with SIFMA
                                                                                                       current processing of conditional
                                               provisions of 5 U.S.C. 552, will be                                                                             Guidelines; (iii) the amount of the CPR
                                                                                                       prepayment rate (‘‘CPR’’) claims to the
                                               available for website viewing and                                                                               claim is $10,000 or greater, or, in the
                                                                                                       MBSD Rules, and (ii) make certain
                                               printing in the Commission’s Public                     clarifications and corrections in the                     7 Notice,   83 FR, at 39144.
                                               Reference Room, 100 F Street NE,                        MBSD Rules, as described below.5                          8 Id.
                                               Washington, DC 20549, on official                                                                                 9 Id.
                                               business days between the hours of                      A. CPR Claims
                                                                                                                                                                 10 Id.
                                               10:00 a.m. and 3:00 p.m. Copies of the                    Mortgage pools 6 are often traded in                    11 Notice,   83 FR, at 39144.
                                               filing also will be available for                       To-Be-Announced (‘‘TBA’’) trades,                         12 Available   at https://www.sifma.org/resources/
                                               inspection and copying at the principal                 which are trades for which the actual                   general/tba-market-governance/ under ‘‘Uniform
                                               office of the Exchange. All comments                                                                            Practices Manual.’’ The SIFMA Guidelines are
                                                                                                                                                               trading, clearing and settlement guidelines prepared
                                               received will be posted without change.                   16 17 CFR 200.30–3(a)(12).
                                                                                                                                                               by SIFMA intended to reflect common industry
                                               Persons submitting comments are                           1 15 U.S.C. 78s(b)(1).                                practices relating to confirming, comparing and
                                                                                                         2 17 CFR 240.19b–4.
                                               cautioned that we do not redact or edit                                                                         settling mortgage-backed securities.
                                                                                                         3 Securities Exchange Act Release No. 83767
                                               personal identifying information from                                                                              13 Notice, 83 FR, at 39144.
                                                                                                       (August 2, 2018), 83 FR 39143 (August 8, 2018)
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                                                                                                                                                                  14 The term ‘‘factor release date’’ means, with
                                               comment submissions. You should                         (SR–FICC–2018–006) (‘‘Notice’’).                        respect to a pool, the date on which the Federal
                                               submit only information that you wish                     4 Available at http://www.dtcc.com/legal/rules-
                                                                                                                                                               National Mortgage Association (‘‘Fannie Mae’’), the
                                               to make available publicly. All                         and-procedures.                                         Federal Home Loan Mortgage Corporation (‘‘Freddie
                                               submissions should refer to File No.                      5 Notice, 83 FR, at 39144.
                                                                                                                                                               Mac’’) or the Government National Mortgage
                                                                                                         6 A mortgage pool is a collection of mortgage         Association (‘‘Ginnie Mae’’), as applicable, release
                                               SR–CboeBYX–2018–019 and should be
                                                                                                       loans or other collateral assembled by an originator    the ‘‘factor’’ that represents the percentage of the
                                               submitted on or before October 17,                      or master services as collateral for a mortgaged-back   agency’s original balance of the pool that remains
                                               2018.                                                   security. Id.                                           outstanding as of such date. Id.



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Document Created: 2018-09-26 00:47:40
Document Modified: 2018-09-26 00:47:40
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 48673 

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