83_FR_50900 83 FR 50705 - Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rules Relating to Registration and Qualification Examinations Required for Participants That Engage in Trading Activities on the Exchange

83 FR 50705 - Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rules Relating to Registration and Qualification Examinations Required for Participants That Engage in Trading Activities on the Exchange

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 195 (October 9, 2018)

Page Range50705-50708
FR Document2018-21787

Federal Register, Volume 83 Issue 195 (Tuesday, October 9, 2018)
[Federal Register Volume 83, Number 195 (Tuesday, October 9, 2018)]
[Notices]
[Pages 50705-50708]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21787]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84338; File No. SR-BOX-2018-32]


Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing 
and Immediate Effectiveness of a Proposed Rule Change To Amend Rules 
Relating to Registration and Qualification Examinations Required for 
Participants That Engage in Trading Activities on the Exchange

October 2, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on September 27, 2018, BOX Exchange LLC (the ``Exchange'') 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 self-regulatory organization. The Commission is 
publishing this notice to solicit comments on the proposed rule 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 proposes to amend its rules relating to registration 
and respective qualification examinations required for Participants 
that engage in trading activities on the Exchange. The text of the 
proposed rule change is available from the principal office of the 
Exchange, at the Commission's Public Reference Room and also on the 
Exchange's internet website at http://boxoptions.com.

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 self-regulatory organization 
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 self-regulatory organization 
has prepared summaries, set forth in Sections A, B, and C below, of the 
most significant aspects of such statements.

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

1. Purpose
    The SEC recently approved a proposed rule change to restructure the 
FINRA representative-level qualification examination program.\3\ The 
rule change, which will become effective on October 1, 2018, 
restructures the examination program into a more efficient format 
whereby all new representative-level applicants will be required to 
take a general knowledge examination (the Securities Industry 
Essentials Examination (``SIE'')) and a tailored, specialized knowledge 
examination (a revised representative-level qualification examination) 
for their particular registered role. Individuals are not required to 
be associated with an Exchange or any other self-regulatory 
organization (``SRO'') member to be eligible to take the SIE. However, 
passing the SIE alone will not qualify an individual for registration 
with the

[[Page 50706]]

Exchange. To be eligible for registration, an individual must also be 
associated with a firm, pass an appropriate qualification examination 
for a representative or principal and satisfy the other requirements 
relating to the registration process.
---------------------------------------------------------------------------

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

    The SIE would assess basic product knowledge; the structure and 
function of the securities industry markets, regulatory agencies and 
their functions; and regulated and prohibited practices. In particular, 
the SIE will cover four major areas. The first, ``Knowledge of Capital 
Markets,'' focuses on topics such as types of markets and offerings, 
broker-dealers and depositories, and economic cycles. The second, 
``Understanding Products and Their Risks,'' covers securities products 
at a high level as well as associated investment risks. The third, 
``Understanding Trading, Customer Accounts and Prohibited Activities,'' 
focuses on accounts, orders, settlement and prohibited activities. The 
final area, ``Overview of the Regulatory Framework,'' encompasses 
topics such as SROs, registration requirements and specified conduct 
rules. It's anticipated that the SIE would include 75 scored questions 
plus an additional 10 unscored pretest questions. The passing score 
would be determined through methodologies compliant with testing 
industry standards used to develop examinations and set passing 
standards.
    The restructured program eliminates duplicative testing of general 
securities knowledge on the current representative-level qualification 
examinations by moving such content into the SIE. The SIE will test 
fundamental securities related knowledge, including knowledge of basic 
products, the structure and function of the securities industry, the 
regulatory agencies and their functions and regulated and prohibited 
practices, whereas the revised representative-level qualification 
examinations will test knowledge relevant to day-to-day activities, 
responsibilities and job functions of representatives. The SIE was 
developed in consultation with a committee of industry representatives 
and representatives of several other SROs. Each of the current 
representative-level examinations covers general securities knowledge, 
with the exception of the Research Analyst (Series 86 and 87) 
examinations.
    The Exchange proposes to require that effective October 1, 2018, 
new applicants seeking to register in a representative capacity with 
the Exchange must pass the SIE before their registrations can become 
effective. The Exchange proposes to make the requirement operative on 
October 1, 2018 to coincide with the effective date of FINRA's 
requirement.
    The Exchange notes that individuals who are registered as of 
October 1, 2018 are eligible to maintain their registrations without 
being subject to any additional requirements. Individuals who had been 
registered within the past two years prior to October 1, 2018, would 
also be eligible to maintain those registrations without being subject 
to any additional requirements, provided they register within two years 
from the date of their last registration. However, with respect to an 
individual who is not registered on the effective date of the proposed 
rule change but was registered within the past two years prior to the 
effective date of the proposed rule change, the individual's SIE status 
in the CRD system would be administratively terminated if such 
individual does not register with the Exchange within four years from 
the date of the individual's last registration. The Exchange also notes 
that consistent with IM-2040-2, the Exchange will consider waivers of 
the SIE alone or the SIE and the representative or principal-level 
examination(s) for Participants who are seeking registration in a 
representative-or principal-level registration category.\4\
---------------------------------------------------------------------------

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

    Lastly, the Exchange proposes to eliminate references in its rules 
to alternative foreign examination modules. 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\ 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 Exchange also proposes to remove the last sentence from Rule 
2020(b)(1) and also remove Rule 2020(b)(3) and Rule 2020(c)(5) in their 
entirety. The Exchange is making these changes in order to conform to 
FINRA's rules regarding registration requirements.
    The Exchange proposes to make a non-substantive conforming changes 
to the term ``Form U-4'' and ``Form U-5'' throughout the BOX Rulebook. 
Specifically, BOX proposes to change the term ``Form U-4'' to ``Form 
U4'' and ``Form U-5'' to ``Form U5'' in order to conform to both the 
BOX Rules and FINRA rules.\8\ Lastly, the Exchange is proposing to 
amend BOX Rule 2020(d)(1) regarding Principal Status. Currently, the 
rule states that a representative whose duties are changed as to 
require registration as a Principal shall be allowed a period of 90 
calendar days following such change to pass the appropriate 
qualification examination. The Exchange proposes to change the number 
of calendar days from 90 to 120 in order to conform to FINRA's rules. 
Similarly, the Exchange proposes to change the number of calendar days 
from 90 to 120 in Rule 2020(d)(2) as well.
---------------------------------------------------------------------------

    \8\ See FINRA Rule 1010(c).
---------------------------------------------------------------------------

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.\9\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \10\ 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,

[[Page 50707]]

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) \11\ requirement that the rules 
of an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ 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.\12\
---------------------------------------------------------------------------

    \12\ 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 Exchange believes that the changes to the term ``Form U4'' and 
``Form U5'' are reasonable as the changes will conform to FINRA's rules 
and reduce investor confusion. The Exchange also believes that removing 
and amending certain language from Rule 2020(b)(1), Rule 2020(b)(3), 
Rule 2020(c)(5) and Rule 2020(d)(1) is reasonable as the changes 
conform to FINRA's rules regarding registration requirements and will 
reduce investor confusion.

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 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 \13\ and Rule 19b-
4(f)(6) thereunder.
---------------------------------------------------------------------------

    \13\ 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) \14\ 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.\15\ 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.\16\
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ See supra note 3.
    \16\ 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 proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BOX-2018-32 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BOX-2018-32. 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

[[Page 50708]]

personal identifying information from comment submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BOX-2018-32 and should be 
submitted on or before October 30, 2018.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-21787 Filed 10-5-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                     Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices                                                                                   50705

                                                 In order to calculate and provide                                       mandatory. One response is requested of                                    Abstract: Section 6 of the Railroad
                                              payments, the Railroad Retirement                                          each respondent. The Previous Requests                                   Retirement Act provides for a lump-sum
                                              Board (RRB) must collect and maintain                                      for Comments: The RRB has already                                        payment to an employee or the
                                              records of separation allowances and                                       published the initial 60-day notice (83                                  employee’s survivor equal to the Tier II
                                              severance payments which were subject                                      FR 35032 on July 24, 2018) required by                                   taxes paid by the employee on a
                                              to Tier II taxation from railroad                                          44 U.S.C. 3506(c)(2). That request                                       separation allowance or severance
                                              employers. The RRB uses Form BA–9,                                         elicited no comments.                                                    payment for which the employee did
                                              Report of Separation Allowance or                                                                                                                   not receive credits toward retirement.
                                              Severance Pay, to obtain information                                       Information Collection Request (ICR)
                                                                                                                                                                                                  The collection obtains information
                                              from railroad employers concerning the                                       Title: Railroad Separation Allowance
                                                                                                                                                                                                  concerning the separation allowances
                                              separation allowances and severance                                        or Severance Pay Report.
                                                                                                                                                                                                  and severance payments paid from
                                              payments made to railroad employees                                          OMB Control Number: 3220–0173.
                                              and/or the survivors of railroad                                             Form(s) submitted: BA–9.                                               railroad employers.
                                              employees. Employers currently have                                          Type of request: Extension without                                       Changes proposed: The RRB proposes
                                              the option of submitting their reports on                                  change of a currently approved                                           no changes to Form BA–9.
                                              paper Form BA–9, (or in like format) on                                    collection.                                                                The burden estimate for the ICR is as
                                              a CD–ROM, or by File Transfer Protocol                                       Affected public: Private Sector;                                       follows:
                                              (FTP), or Secure Email. Completion is                                      Businesses or other for profits.

                                                                                                                                                                                                    Annual               Time                 Burden
                                                                                                              Form No.                                                                            responses            (minutes)              (hours)

                                              BA–9   (Paper) ...............................................................................................................................               100                        76                127
                                              BA–9   (CD–ROM) .........................................................................................................................                     40                        76                 51
                                              BA–9   (Secure Email) ...................................................................................................................                     60                        76                 76
                                              BA–9   (FTP) ..................................................................................................................................              160                        76                203

                                                   Total ......................................................................................................................................            360     ........................             457



                                                Additional Information or Comments:                                      (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                  on the proposed rule change. The text
                                              Copies of the forms and supporting                                         notice is hereby given that on                                           of these statements may be examined at
                                              documents can be obtained from Dana                                        September 27, 2018, BOX Exchange LLC                                     the places specified in Item IV below.
                                              Hickman at (312) 751–4981 or                                               (the ‘‘Exchange’’) filed with the                                        The self-regulatory organization has
                                              Dana.Hickman@RRB.GOV.                                                      Securities and Exchange Commission                                       prepared summaries, set forth in
                                                Comments regarding the information                                       (‘‘Commission’’) the proposed rule                                       Sections A, B, and C below, of the most
                                              collection should be addressed to Brian                                    change as described in Items I and II                                    significant aspects of such statements.
                                              Foster, Railroad Retirement Board, 844                                     below, which Items have been prepared
                                                                                                                         by the self-regulatory organization. The                                 A. Self-Regulatory Organization’s
                                              North Rush Street, Chicago, Illinois                                                                                                                Statement of the Purpose of, and
                                              60611–1275 or Brian.Foster@rrb.gov and                                     Commission is publishing this notice to
                                                                                                                         solicit comments on the proposed rule                                    Statutory Basis for, the Proposed Rule
                                              to the OMB Desk Officer for the RRB,                                                                                                                Change
                                              Fax: 202–395–6974, Email address:                                          from interested persons.
                                              OIRA_Submission@omb.eop.gov.                                               I. Self-Regulatory Organization’s                                        1. Purpose
                                                                                                                         Statement of the Terms of Substance of                                      The SEC recently approved a
                                              Brian Foster,
                                                                                                                         the Proposed Rule Change                                                 proposed rule change to restructure the
                                              Clearance Officer.
                                                                                                                            The Exchange proposes to amend its                                    FINRA representative-level qualification
                                              [FR Doc. 2018–21835 Filed 10–5–18; 8:45 am]
                                                                                                                         rules relating to registration and                                       examination program.3 The rule change,
                                              BILLING CODE 7905–01–P
                                                                                                                         respective qualification examinations                                    which will become effective on October
                                                                                                                         required for Participants that engage in                                 1, 2018, restructures the examination
                                                                                                                         trading activities on the Exchange. The                                  program into a more efficient format
                                                                                                                         text of the proposed rule change is                                      whereby all new representative-level
                                              SECURITIES AND EXCHANGE
                                                                                                                         available from the principal office of the                               applicants will be required to take a
                                              COMMISSION
                                                                                                                         Exchange, at the Commission’s Public                                     general knowledge examination (the
                                                                                                                         Reference Room and also on the                                           Securities Industry Essentials
                                              [Release No. 34–84338; File No. SR–BOX–                                    Exchange’s internet website at http://                                   Examination (‘‘SIE’’)) and a tailored,
                                              2018–32]                                                                                                                                            specialized knowledge examination (a
                                                                                                                         boxoptions.com.
                                                                                                                                                                                                  revised representative-level
                                              Self-Regulatory Organizations; BOX                                         II. Self-Regulatory Organization’s                                       qualification examination) for their
                                              Exchange LLC; Notice of Filing and                                         Statement of the Purpose of, and                                         particular registered role. Individuals
                                              Immediate Effectiveness of a Proposed                                      Statutory Basis for, the Proposed Rule                                   are not required to be associated with an
                                              Rule Change To Amend Rules Relating                                        Change
                                                                                                                                                                                                  Exchange or any other self-regulatory
                                              to Registration and Qualification                                             In its filing with the Commission, the                                organization (‘‘SRO’’) member to be
amozie on DSK3GDR082PROD with NOTICES1




                                              Examinations Required for                                                  self-regulatory organization included                                    eligible to take the SIE. However,
                                              Participants That Engage in Trading                                        statements concerning the purpose of,                                    passing the SIE alone will not qualify an
                                              Activities on the Exchange                                                 and basis for, the proposed rule change                                  individual for registration with the
                                              October 2, 2018.                                                           and discussed any comments it received
                                                                                                                                                                                                     3 See Securities Exchange Act Release No. 81098
                                                Pursuant to Section 19(b)(1) of the                                         1 15 U.S.C. 78s(b)(1).                                                (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order
                                              Securities Exchange Act of 1934                                               2 17 CFR 240.19b–4.                                                   Approving File No. SR–FINRA–2017–007).



                                         VerDate Sep<11>2014        19:13 Oct 05, 2018         Jkt 247001       PO 00000        Frm 00075        Fmt 4703       Sfmt 4703       E:\FR\FM\09OCN1.SGM       09OCN1


                                              50706                        Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices

                                              Exchange. To be eligible for registration,              Exchange proposes to make the                         stock exchange or securities regulator
                                              an individual must also be associated                   requirement operative on October 1,                   would be exempt from the requirement
                                              with a firm, pass an appropriate                        2018 to coincide with the effective date              to pass the SIE, and thus would be
                                              qualification examination for a                         of FINRA’s requirement.                               required only to pass a specialized
                                              representative or principal and satisfy                    The Exchange notes that individuals                knowledge examination to register with
                                              the other requirements relating to the                  who are registered as of October 1, 2018              the Exchange as a representative. The
                                              registration process.                                   are eligible to maintain their                        proposed approach would provide
                                                 The SIE would assess basic product                   registrations without being subject to                individuals with a United Kingdom or
                                              knowledge; the structure and function                   any additional requirements.                          Canadian qualification more flexibility
                                              of the securities industry markets,                     Individuals who had been registered                   to obtain an Exchange representative-
                                              regulatory agencies and their functions;                within the past two years prior to                    level registration. The Exchange notes
                                              and regulated and prohibited practices.                 October 1, 2018, would also be eligible               that FINRA has adopted a similar rule.7
                                              In particular, the SIE will cover four                  to maintain those registrations without                  The Exchange also proposes to
                                              major areas. The first, ‘‘Knowledge of                  being subject to any additional                       remove the last sentence from Rule
                                              Capital Markets,’’ focuses on topics such               requirements, provided they register                  2020(b)(1) and also remove Rule
                                              as types of markets and offerings,                      within two years from the date of their               2020(b)(3) and Rule 2020(c)(5) in their
                                              broker-dealers and depositories, and                    last registration. However, with respect              entirety. The Exchange is making these
                                              economic cycles. The second,                            to an individual who is not registered                changes in order to conform to FINRA’s
                                              ‘‘Understanding Products and Their                      on the effective date of the proposed                 rules regarding registration
                                              Risks,’’ covers securities products at a                rule change but was registered within                 requirements.
                                              high level as well as associated                        the past two years prior to the effective                The Exchange proposes to make a
                                              investment risks. The third,                            date of the proposed rule change, the                 non-substantive conforming changes to
                                              ‘‘Understanding Trading, Customer                       individual’s SIE status in the CRD                    the term ‘‘Form U–4’’ and ‘‘Form U–5’’
                                              Accounts and Prohibited Activities,’’                   system would be administratively                      throughout the BOX Rulebook.
                                              focuses on accounts, orders, settlement                 terminated if such individual does not                Specifically, BOX proposes to change
                                              and prohibited activities. The final area,              register with the Exchange within four                the term ‘‘Form U–4’’ to ‘‘Form U4’’ and
                                              ‘‘Overview of the Regulatory                            years from the date of the individual’s               ‘‘Form U–5’’ to ‘‘Form U5’’ in order to
                                              Framework,’’ encompasses topics such                    last registration. The Exchange also                  conform to both the BOX Rules and
                                              as SROs, registration requirements and                  notes that consistent with IM–2040–2,                 FINRA rules.8 Lastly, the Exchange is
                                              specified conduct rules. It’s anticipated               the Exchange will consider waivers of                 proposing to amend BOX Rule
                                              that the SIE would include 75 scored                    the SIE alone or the SIE and the                      2020(d)(1) regarding Principal Status.
                                              questions plus an additional 10                         representative or principal-level                     Currently, the rule states that a
                                              unscored pretest questions. The passing                 examination(s) for Participants who are               representative whose duties are changed
                                              score would be determined through                       seeking registration in a representative-             as to require registration as a Principal
                                              methodologies compliant with testing                    or principal-level registration category.4            shall be allowed a period of 90 calendar
                                              industry standards used to develop                         Lastly, the Exchange proposes to                   days following such change to pass the
                                              examinations and set passing standards.                 eliminate references in its rules to                  appropriate qualification examination.
                                                 The restructured program eliminates                  alternative foreign examination                       The Exchange proposes to change the
                                              duplicative testing of general securities               modules. Particularly, the Exchange                   number of calendar days from 90 to 120
                                              knowledge on the current                                notes that FINRA recently announced it                in order to conform to FINRA’s rules.
                                              representative-level qualification                      was eliminating the United Kingdom                    Similarly, the Exchange proposes to
                                              examinations by moving such content                     Securities Representative and the                     change the number of calendar days
                                              into the SIE. The SIE will test                         Canadian Securities Representative                    from 90 to 120 in Rule 2020(d)(2) as
                                              fundamental securities related                          registration categories, along with the               well.
                                              knowledge, including knowledge of                       respective associated exams (i.e., Series
                                                                                                                                                            2. Statutory Basis
                                              basic products, the structure and                       17, Series 37 and Series 38).5 FINRA
                                              function of the securities industry, the                also stated that it intended to provide                  The Exchange believes the proposed
                                              regulatory agencies and their functions                 individuals who are associated persons                rule change is consistent with the
                                              and regulated and prohibited practices,                 of firms and who hold foreign                         Securities Exchange Act of 1934 (the
                                              whereas the revised representative-level                registrations an alternative, more                    ‘‘Act’’) and the rules and regulations
                                              qualification examinations will test                    flexible, process to obtain an Exchange               thereunder applicable to the Exchange
                                              knowledge relevant to day-to-day                        representative-level registration.6 The               and, in particular, the requirements of
                                              activities, responsibilities and job                    Exchange believes that there is                       Section 6(b) of the Act.9 Specifically,
                                              functions of representatives. The SIE                   sufficient overlap between the SIE and                the Exchange believes the proposed rule
                                              was developed in consultation with a                    foreign qualification requirements to                 change is consistent with the Section
                                              committee of industry representatives                   permit them to act as exemptions to the               6(b)(5) 10 requirements that the rules of
                                              and representatives of several other                    SIE. As such, the Exchange proposes to                an exchange be designed to prevent
                                              SROs. Each of the current                               provide that individuals who are in                   fraudulent and manipulative acts and
                                              representative-level examinations                       good standing as representatives with                 practices, to promote just and equitable
                                              covers general securities knowledge,                    the Financial Conduct Authority in the                principles of trade, to foster cooperation
                                              with the exception of the Research                      United Kingdom or with a Canadian                     and coordination with persons engaged
                                              Analyst (Series 86 and 87)                                                                                    in regulating, clearing, settling,
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                                              examinations.                                              4 Pursuant to a Regulatory Services Agreement      processing information with respect to,
                                                 The Exchange proposes to require that                between FINRA and BOX, FINRA provides BOX
                                              effective October 1, 2018, new                          certain exam waiver services in responding to exam       7 See Securities Exchange Act Release No. 81098

                                                                                                      waiver requests from BOX Participants.                (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order
                                              applicants seeking to register in a                        5 See Securities Exchange Act Release No. 81098    Approving File No. SR–FINRA–2017–007).
                                              representative capacity with the                        (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order       8 See FINRA Rule 1010(c).

                                              Exchange must pass the SIE before their                 Approving File No. SR–FINRA–2017–007).                   9 15 U.S.C. 78f(b).

                                              registrations can become effective. The                    6 Id.                                                 10 15 U.S.C. 78f(b)(5).




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                                                                           Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices                                                    50707

                                              and facilitating transactions in                        FINRA and which is being filed in                        At any time within 60 days of the
                                              securities, to remove impediments to                    conjunction with similar filings by the               filing of the proposed rule change, the
                                              and perfect the mechanism of a free and                 other national securities exchanges, will             Commission summarily may
                                              open market and a national market                       reduce the regulatory burden placed on                temporarily suspend such rule change if
                                              system, and, in general, to protect                     market participants engaged in trading                it appears to the Commission that such
                                              investors and the public interest.                      activities across different markets. The              action is necessary or appropriate in the
                                              Additionally, the Exchange believes the                 Exchange believes that the                            public interest, for the protection of
                                              proposed rule change is consistent with                 harmonization of these registration                   investors, or otherwise in furtherance of
                                              the Section 6(b)(5) 11 requirement that                 requirements across the various markets               the purposes of the Act.
                                              the rules of an exchange not be designed                will reduce burdens on competition by
                                                                                                                                                            IV. Solicitation of Comments
                                              to permit unfair discrimination between                 removing impediments to participation
                                              customers, issuers, brokers, or dealers.                in the national market system and                       Interested persons are invited to
                                                 The Exchange believes that the                       promoting competition among                           submit written data, views and
                                              proposed rule change will improve the                   participants across the multiple national             arguments concerning the foregoing,
                                              efficiency of the Exchange’s                            securities exchanges.                                 including whether the proposed rule
                                              examination requirements, without                                                                             change is consistent with the Act.
                                                                                                      C. Self-Regulatory Organization’s                     Comments may be submitted by any of
                                              compromising the qualification
                                                                                                      Statement on Comments on the                          the following methods:
                                              standards, by eliminating duplicative
                                                                                                      Proposed Rule Change Received From
                                              testing of general securities knowledge                                                                       Electronic Comments
                                                                                                      Members, Participants, or Others
                                              on examinations. FINRA has indicated
                                              that the SIE was developed in an effort                   The Exchange has neither solicited                    • Use the Commission’s internet
                                              to adopt an examination that would                      nor received comments on the proposed                 comment form (http://www.sec.gov/
                                              assess basic product knowledge; the                     rule change.                                          rules/sro.shtml); or
                                              structure and function of the securities                                                                        • Send an email to rule-comments@
                                                                                                      III. Date of Effectiveness of the                     sec.gov. Please include File Number SR–
                                              industry markets, regulatory agencies                   Proposed Rule Change and Timing for
                                              and their functions; and regulated and                                                                        BOX–2018–32 on the subject line.
                                                                                                      Commission Action
                                              prohibited practices. The Exchange also                                                                       Paper Comments
                                              notes that the introduction of the SIE                     Because the foregoing proposed rule
                                              and expansion of the pool of individuals                change does not: (i) Significantly affect                • Send paper comments in triplicate
                                              who are eligible to take the SIE, has the               the protection of investors or the public             to Secretary, Securities and Exchange
                                              potential of enhancing the pool of                      interest; (ii) impose any significant                 Commission, 100 F Street NE,
                                              prospective securities industry                         burden on competition; and (iii) become               Washington, DC 20549–1090.
                                              professionals by introducing them to                    operative for 30 days from the date on                All submissions should refer to File
                                              securities laws, rules and regulations                  which it was filed, or such shorter time              Number SR–BOX–2018–32. This file
                                              and appropriate conduct before they                     as the Commission may designate, it has               number should be included on the
                                              join the industry in a registered                       become effective pursuant to Section                  subject line if email is used. To help the
                                              capacity. Lastly, the Exchange notes                    19(b)(3)(A) of the Act 13 and Rule 19b–               Commission process and review your
                                              adopting the SIE requirement is                         4(f)(6) thereunder.                                   comments more efficiently, please use
                                              consistent with the requirement recently                   A proposed rule change filed under                 only one method. The Commission will
                                              adopted by FINRA.12                                     Rule 19b–4(f)(6) normally does not                    post all comments on the Commission’s
                                                 The Exchange believes that the                       become operative for 30 days from the                 internet website (http://www.sec.gov/
                                              changes to the term ‘‘Form U4’’ and                     date of filing. However, Rule 19b–                    rules/sro.shtml). Copies of the
                                              ‘‘Form U5’’ are reasonable as the                       4(f)(6)(iii) 14 permits the Commission to             submission, all subsequent
                                              changes will conform to FINRA’s rules                   designate a shorter time if such action               amendments, all written statements
                                              and reduce investor confusion. The                      is consistent with the protection of                  with respect to the proposed rule
                                              Exchange also believes that removing                    investors and the public interest. The                change that are filed with the
                                              and amending certain language from                      Exchange has asked the Commission to                  Commission, and all written
                                              Rule 2020(b)(1), Rule 2020(b)(3), Rule                  waive the 30-day operative delay so that              communications relating to the
                                              2020(c)(5) and Rule 2020(d)(1) is                       the proposal may become operative on                  proposed rule change between the
                                              reasonable as the changes conform to                    October 1, 2018 to coincide with the                  Commission and any person, other than
                                              FINRA’s rules regarding registration                    effective date of FINRA’s proposed rule               those that may be withheld from the
                                              requirements and will reduce investor                   change on which the proposal is                       public in accordance with the
                                              confusion.                                              based.15 The waiver of the operative                  provisions of 5 U.S.C. 552, will be
                                                                                                      delay would make the Exchange’s                       available for website viewing and
                                              B. Self-Regulatory Organization’s                       qualification requirements consistent                 printing in the Commission’s Public
                                              Statement on Burden on Competition                      with those of FINRA, as of October 1,                 Reference Room, 100 F Street NE,
                                                The Exchange does not believe that                    2018. Therefore, the Commission                       Washington, DC 20549, on official
                                              the proposed rule change will impose                    believes that the waiver of the 30-day                business days between the hours of
                                              any burden on competition that is not                   operative delay is consistent with the                10:00 a.m. and 3:00 p.m. Copies of the
                                              necessary or appropriate in furtherance                 protection of investors and the public                filing also will be available for
                                              of the purposes of the Act. The                         interest and hereby waives the 30-day                 inspection and copying at the principal
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                                              Exchange believes that the proposed                     operative delay and designates the                    office of the Exchange. All comments
                                              rule change, which harmonizes its rules                 proposal operative on October 1, 2018.16              received will be posted without change.
                                              with recent rule changes adopted by                                                                           Persons submitting comments are
                                                                                                        13 15 U.S.C. 78s(b)(3)(A).                          cautioned that we do not redact or edit
                                                11 Id.                                                  14 17 CFR 240.19b–4(f)(6)(iii).
                                                 12 See Securities Exchange Act Release No. 81098       15 See supra note 3.
                                                                                                                                                            considered the proposed rule’s impact on
                                              (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order        16 For purposes only of waiving the 30-day          efficiency, competition, and capital formation. See
                                              Approving File No. SR–FINRA–2017–007).                  operative delay, the Commission has also              15 U.S.C. 78c(f).



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                                              50708                            Federal Register / Vol. 83, No. 195 / Tuesday, October 9, 2018 / Notices

                                              personal identifying information from                     N–8B–2.1 The Commission staff                         SECURITIES AND EXCHANGE
                                              comment submissions. You should                           estimates that approximately one                      COMMISSION
                                              submit only information that you wish                     respondent files one Form N–8B–2                      [Release No. 34–84341; File No. SR–MSRB–
                                              to make available publicly. All                           filing annually with the Commission.2                 2018–07]
                                              submissions should refer to File                          Staff estimates that the burden for
                                              Number SR–BOX–2018–32 and should                          compliance with Form N–8B–2 is                        Self-Regulatory Organizations;
                                              be submitted on or before October 30,                     approximately 10 hours per filing. The                Municipal Securities Rulemaking
                                              2018.                                                     total hour burden for the Form N–8B–                  Board; Notice of Filing of a Proposed
                                                For the Commission, by the Division of                  2 filing requirement therefore is 10                  Rule Change To Amend MSRB Rule G–
                                              Trading and Markets, pursuant to delegated                hours in the aggregate (1 respondent ×                3, on Professional Qualification
                                              authority.17
                                                                                                        one filing per respondent × 10 hours per              Requirements, To Require Municipal
                                              Eduardo A. Aleman,                                        filing).                                              Advisor Principals To Become
                                              Assistant Secretary.                                                                                            Appropriately Qualified by Passing the
                                                                                                           Estimates of the burden hours are                  Municipal Advisor Principal
                                              [FR Doc. 2018–21787 Filed 10–5–18; 8:45 am]
                                                                                                        made solely for the purposes of the PRA               Qualification Examination
                                              BILLING CODE 8011–01–P
                                                                                                        and are not derived from a
                                                                                                        comprehensive or even a representative                October 2, 2018.
                                              SECURITIES AND EXCHANGE                                   survey or study of the costs of SEC rules                Pursuant to Section 19(b)(1) of the
                                              COMMISSION                                                and forms. The information provided on                Securities Exchange Act of 1934 (the
                                                                                                        Form N–8B–2 is mandatory. The                         ‘‘Exchange Act’’ or ‘‘Act’’) 1 and Rule
                                              Submission for OMB Review;                                information provided on Form N–8B–2                   19b–4 thereunder,2 notice is hereby
                                              Comment Request                                           will not be kept confidential. An agency              given that on September 19, 2018 the
                                                                                                                                                              Municipal Securities Rulemaking Board
                                              Upon Written Request, Copies Available                    may not conduct or sponsor, and a
                                                                                                                                                              (the ‘‘MSRB’’ or ‘‘Board’’) filed with the
                                               From: Securities and Exchange                            person is not required to respond to, a
                                                                                                                                                              Securities and Exchange Commission
                                               Commission, Office of FOIA Services,                     collection of information unless it                   (the ‘‘SEC’’ or ‘‘Commission’’) the
                                               100 F Street NE, Washington, DC                          displays a currently valid OMB control                proposed rule change as described in
                                               20549–2736                                               number.                                               Items I, II, and III below, which Items
                                              Extension:                                                   The public may view the background                 have been prepared by the MSRB. The
                                                Form N–8B–2; SEC File No. 270–186, OMB                  documentation for this information                    Commission is publishing this notice to
                                                  Control No. 3235–0186                                 collection at the following website,                  solicit comments on the proposed rule
                                                 Notice is hereby given that, pursuant                  www.reginfo.gov. Comments should be                   change from interested persons.
                                              to the Paperwork Reduction Act of 1995                    directed to: (i) Desk Officer for the                 I. Self-Regulatory Organization’s
                                              (44 U.S.C. 3501 et seq.), the Securities                  Securities and Exchange Commission,                   Statement of the Terms of Substance of
                                              and Exchange Commission (the                              Office of Information and Regulatory                  the Proposed Rule Change
                                              ‘‘Commission’’) has submitted to the                      Affairs, Office of Management and
                                              Office of Management and Budget a                                                                                  The MSRB filed with the Commission
                                                                                                        Budget, Room 10102, New Executive                     a proposed rule change to amend Rule
                                              request for extension of the previously                   Office Building, Washington, DC 20503,
                                              approved collection of information                                                                              G–3, on professional qualification
                                                                                                        or by sending an email to: Shagufta_                  requirements, to (i) require persons who
                                              discussed below.                                          Ahmed@omb.eop.gov; and (ii) Charles
                                                 Form N–8B–2 (17 CFR 274.12) is the                                                                           meet the definition of a municipal
                                                                                                        Riddle, Acting Director/Chief                         advisor principal, as defined under Rule
                                              form used by unit investment trusts
                                              (‘‘UITs’’) other than separate accounts                   Information Officer, Securities and                   G–3(e)(i), to pass the Municipal Advisor
                                              that are currently issuing securities,                    Exchange Commission, c/o Candace                      Principal Qualification Examination
                                              including UITs that are issuers of                        Kenner, 100 F Street NE, Washington,                  (‘‘Series 54 examination’’) in order to
                                              periodic payment plan certificates and                    DC 20549 or send an email to: PRA_                    become appropriately qualified as a
                                              UITs of which a management                                Mailbox@sec.gov. Comments must be                     municipal advisor principal; (ii) specify
                                              investment company is the sponsor or                      submitted to OMB within 30 days of                    that such persons who cease to be
                                              depositor, to comply with the filing and                  this notice.                                          associated with a municipal advisor for
                                              disclosure requirements imposed by                          Dated: October 3, 2018.                             two or more years at any time after
                                              section 8(b) of the Investment Company                                                                          having qualified as a municipal advisor
                                                                                                        Eduardo A. Aleman,
                                              Act of 1940 (15 U.S.C. 80a–8(b)). Form                                                                          principal must requalify by examination
                                              N–8B–2 requires disclosure about the                      Assistant Secretary.                                  unless a waiver is granted; (iii) add the
                                              organization of a UIT, its securities, the                [FR Doc. 2018–21830 Filed 10–5–18; 8:45 am]           Series 54 examination to the list of
                                              personnel and affiliated persons of the                   BILLING CODE 8011–01–P                                qualification examinations for which a
                                              depositor, the distribution and                                                                                 waiver can be sought; (iv) provide that
                                              redemption of securities, the trustee or                                                                        municipal advisor representatives may
                                              custodian, and financial statements. The                                                                        function as a principal for 120 calendar
                                              Commission uses the information                                                                                 days without being qualified with the
                                              provided in the collection of                                                                                   Series 54 examination; and (v) make a
                                              information to determine compliance                                                                             technical amendment to Rule G–3(e) to
                                                                                                           1 Post-effective amendments are filed with the
                                              with section 8(b) of the Investment                                                                             clarify that a municipal advisor
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                                                                                                        Commission on the UIT’s Form S–6. Hence,
                                              Company Act.                                                                                                    principal must pass the Municipal
                                                                                                        respondents only file Form N–8B–2 for their initial
                                                 Each registrant subject to the Form N–                 registration statement and not for post-effective     Advisor Representative Qualification
                                              8B–2 filing requirement files Form N–                     amendments.                                           Examination (‘‘Series 50 examination’’)
                                              8B–2 for its initial filing and does not                     2 In 2015 the Commission received 3 filings,       as a prerequisite to becoming qualified
                                              file post-effective amendments on Form                    while in 2016 and 2017, the Commission received
                                                                                                        0 filings, respectively. The cumulative 3-year          1 15   U.S.C. 78s(b)(1).
                                                17 17   CFR 200.30–3(a)(12).                            average is, therefore, 1 filing per year.               2 17   CFR 240.19b–4.



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Document Created: 2018-10-06 00:59:06
Document Modified: 2018-10-06 00:59:06
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 50705 

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