83_FR_51715 83 FR 51518 - Self-Regulatory Organizations: Notice of Filing and Immediate Effectiveness of a Proposed Rule Change by MIAX PEARL, LLC To Amend Exchange Rule 203, Qualification and Registration of Members and Associated Persons, Relating to Registration and Qualification Examinations Required for Members and Associated Persons of Members That Engage in Trading Activities on the Exchange

83 FR 51518 - Self-Regulatory Organizations: Notice of Filing and Immediate Effectiveness of a Proposed Rule Change by MIAX PEARL, LLC To Amend Exchange Rule 203, Qualification and Registration of Members and Associated Persons, Relating to Registration and Qualification Examinations Required for Members and Associated Persons of Members That Engage in Trading Activities on the Exchange

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 197 (October 11, 2018)

Page Range51518-51520
FR Document2018-22045

Federal Register, Volume 83 Issue 197 (Thursday, October 11, 2018)
[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Pages 51518-51520]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22045]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84362; File No. SR-PEARL-2018-20]


Self-Regulatory Organizations: Notice of Filing and Immediate 
Effectiveness of a Proposed Rule Change by MIAX PEARL, LLC To Amend 
Exchange Rule 203, Qualification and Registration of Members and 
Associated Persons, Relating to Registration and Qualification 
Examinations Required for Members and Associated Persons of Members 
That Engage in Trading Activities on the Exchange

October 4, 2018.
    Pursuant to the provisions of 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, MIAX PEARL, LLC (``MIAX 
PEARL'' or ``Exchange'') filed with the Securities and Exchange 
Commission (``Commission'') a proposed rule change '') a proposed rule 
change as described in Items I and II below, which Items have been 
prepared by the Exchange. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Rule 203, Qualification 
and Registration of Members and Associated Persons, relating to 
registration and qualification examinations required for Members and 
Associated Persons of Members that engage in trading activities on the 
Exchange.
    The text of the proposed rule change is available on the Exchange's 
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX 
PEARL's principal office, and at the Commission's Public Reference 
Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
    The Securities and Exchange Commission (the ``SEC'' or the 
``Commission'') recently approved a proposed rule change to restructure 
the Financial Industry Regulatory Authority (``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 the 
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 will 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, ``Overview of the Regulatory Framework,'' encompasses topics 
such as SROs, registration requirements and specified conduct rules. It 
is anticipated that the SIE will include 75 scored questions plus an 
additional 10 unscored pretest questions. The passing score will be 
determined through methodologies compliant with testing industry 
standards used to develop examinations and set passing standards.
    The restructured program will eliminate 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 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 will be eligible to maintain their registrations 
without being subject to any additional requirements. Individuals who 
have been registered within the last two years prior to October 1, 
2018, will 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

[[Page 51519]]

on the effective date of the proposed rule change but was registered 
within the last two years prior to the effective date of the proposed 
rule change, the individual's SIE status in the Central Registration 
Depository (``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 Rule 203 Interpretations and Policies .05, 
the Exchange will consider waivers of the SIE alone or the SIE and the 
representative or principal-level examination(s) for applicants who are 
seeking registration in a representative-or principal-level 
registration category.\4\
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    \4\ Pursuant to a Regulatory Services Agreement between FINRA 
and MIAX PEARL, FINRA provides MIAX PEARL certain exam waiver 
services in responding to exam waiver requests from MIAX PEARL 
Members.
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    The Exchange also proposes to add Interpretations and Policies .09 
to Rule 203 ``Summary of Qualifications Requirements'' which summarizes 
the qualification requirements for each of the required registration 
categories described in the Exchange Rules.
    The Exchange notes that this filing is substantially similar to a 
companion Miami International Securities Exchange, LLC (``MIAX 
Options'') filing relating to registration and qualification 
examinations required for Members and Associated Persons of Members 
that engage in trading activities on the MIAX Options Exchange.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent 
with Section 6(b) of the Act \5\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act \6\ in particular, in that it 
is 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 facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanisms 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) \7\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ 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.\8\
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    \8\ See supra note 3.
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    Furthermore, the Exchange believes that adding Interpretations and 
Policies .09 to Rule 203 will provide greater clarity regarding the 
Exchange's examination requirements as updated by, and those remaining 
in effect following, the proposed rule change, and consistency with the 
rules of other exchanges.\9\
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    \9\ See e.g. Cboe Exchange, Inc. Rule 3.6A Interpretations and 
Policies .08(b) and Nasdaq ISE, LLC Rule 313 Registration 
Requirements Supplementary Material .08 (b).
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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

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.
---------------------------------------------------------------------------

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

    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative for 30 days from the date of filing. However, Rule 
19b-4(f)(6)(iii) \11\ permits the Commission to designate a shorter 
time if such action is consistent with the protection of investors and 
the public interest. The Exchange has asked the Commission to waive the 
30-day operative delay so that the proposal may become operative on 
October 1, 2018 to coincide with the effective date of FINRA's proposed 
rule change on which the proposal is based.\12\ The waiver of the 
operative delay would make the Exchange's qualification requirements 
consistent with those of FINRA, 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.\13\
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    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ See supra note 3.
    \13\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such 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

[[Page 51520]]

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 rule-comments@sec.gov. Please include 
File Number SR-PEARL-2018-20 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-PEARL-2018-20. 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 the Commission does not edit personal identifying 
information from submissions. You should submit only information that 
you wish to make available publicly. All submissions should refer to 
File Number SR-PEARL-2018-20 and should be submitted on or before 
November 1, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-22045 Filed 10-10-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               51518                       Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices

                                                 For the Commission, by the Division of                II. Self-Regulatory Organization’s                    economic cycles. The second,
                                               Trading and Markets, pursuant to delegated              Statement of the Purpose of, and                      ‘‘Understanding Products and Their
                                               authority.21                                            Statutory Basis for, the Proposed Rule                Risks,’’ covers securities products at a
                                               Eduardo A. Aleman,                                      Change                                                high level as well as associated
                                               Assistant Secretary.                                       In its filing with the Commission, the             investment risks. The third,
                                               [FR Doc. 2018–22043 Filed 10–10–18; 8:45 am]            Exchange included statements                          ‘‘Understanding Trading, Customer
                                                                                                       concerning the purpose of and basis for               Accounts and Prohibited Activities,’’
                                               BILLING CODE 8011–01–P
                                                                                                       the proposed rule change and discussed                focuses on accounts, orders, settlement
                                                                                                       any comments it received on the                       and prohibited activities. The final,
                                                                                                                                                             ‘‘Overview of the Regulatory
                                               SECURITIES AND EXCHANGE                                 proposed rule change. The text of these
                                                                                                                                                             Framework,’’ encompasses topics such
                                               COMMISSION                                              statements may be examined at the
                                                                                                                                                             as SROs, registration requirements and
                                                                                                       places specified in Item IV below. The
                                                                                                                                                             specified conduct rules. It is anticipated
                                               [Release No. 34–84362; File No. SR–                     Exchange has prepared summaries, set
                                                                                                                                                             that the SIE will include 75 scored
                                               PEARL–2018–20]                                          forth in sections A, B, and C below, of
                                                                                                                                                             questions plus an additional 10
                                                                                                       the most significant aspects of such
                                                                                                                                                             unscored pretest questions. The passing
                                               Self-Regulatory Organizations: Notice                   statements.
                                                                                                                                                             score will be determined through
                                               of Filing and Immediate Effectiveness                   A. Self-Regulatory Organization’s                     methodologies compliant with testing
                                               of a Proposed Rule Change by MIAX                       Statement of the Purpose of, and                      industry standards used to develop
                                               PEARL, LLC To Amend Exchange Rule                       Statutory Basis for, the Proposed Rule                examinations and set passing standards.
                                               203, Qualification and Registration of                  Change                                                   The restructured program will
                                               Members and Associated Persons,                                                                               eliminate duplicative testing of general
                                               Relating to Registration and                            1. Purpose                                            securities knowledge on the current
                                               Qualification Examinations Required                        The Securities and Exchange                        representative-level qualification
                                               for Members and Associated Persons                      Commission (the ‘‘SEC’’ or the                        examinations by moving such content
                                               of Members That Engage in Trading                       ‘‘Commission’’) recently approved a                   into the SIE. The SIE will test
                                               Activities on the Exchange                              proposed rule change to restructure the               fundamental securities related
                                                                                                       Financial Industry Regulatory Authority               knowledge, including knowledge of
                                               October 4, 2018.                                        (‘‘FINRA’’) representative-level                      basic products, the structure and
                                                  Pursuant to the provisions of Section                qualification examination program.3                   function of the securities industry, the
                                                                                                       The rule change, which will become                    regulatory agencies and their functions
                                               19(b)(1) of the Securities Exchange Act
                                                                                                       effective on October 1, 2018,                         and regulated and prohibited practices,
                                               of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                                                                       restructures the examination program                  whereas the revised representative-level
                                               thereunder,2 notice is hereby given that                                                                      qualification examinations will test
                                                                                                       into a more efficient format whereby all
                                               on September 27, 2018, MIAX PEARL,                                                                            knowledge relevant to day-to-day
                                                                                                       new representative-level applicants will
                                               LLC (‘‘MIAX PEARL’’ or ‘‘Exchange’’)                    be required to take a general knowledge               activities, responsibilities and job
                                               filed with the Securities and Exchange                  examination (the Securities Industry                  functions of representatives. The SIE
                                               Commission (‘‘Commission’’) a                           Essentials Examination (‘‘SIE’’)) and a               was developed in consultation with a
                                               proposed rule change ’’) a proposed rule                tailored, specialized knowledge                       committee of industry representatives
                                               change as described in Items I and II                   examination (a revised representative-                and representatives of several SROs.
                                               below, which Items have been prepared                   level qualification examination) for their            Each of the current representative-level
                                               by the Exchange. The Commission is                      particular registered role. Individuals               examinations covers general securities
                                               publishing this notice to solicit                       are not required to be associated with                knowledge, with the exception of the
                                               comments on the proposed rule change                    the Exchange or any other self-                       Research Analyst (Series 86 and 87)
                                               from interested persons.                                regulatory organization (‘‘SRO’’)                     examinations.
                                                                                                       member to be eligible to take the SIE.                   The Exchange proposes to require that
                                               I. Self-Regulatory Organization’s                                                                             effective October 1, 2018, new
                                                                                                       However, passing the SIE alone will not
                                               Statement of the Terms of Substance of                                                                        applicants seeking to register in a
                                                                                                       qualify an individual for registration
                                               the Proposed Rule Change                                with the Exchange. To be eligible for                 representative capacity with the
                                                                                                       registration, an individual must also be              Exchange must pass the SIE before their
                                                  The Exchange is filing a proposal to                                                                       registrations can become effective. The
                                               amend Rule 203, Qualification and                       associated with a firm, pass an
                                                                                                       appropriate qualification examination                 Exchange proposes to make the
                                               Registration of Members and Associated                                                                        requirement operative on October 1,
                                               Persons, relating to registration and                   for a representative or principal and
                                                                                                       satisfy the other requirements relating to            2018 to coincide with the effective date
                                               qualification examinations required for                                                                       of FINRA’s requirement.
                                                                                                       the registration process.
                                               Members and Associated Persons of                                                                                The Exchange notes that individuals
                                                                                                          The SIE will assess basic product
                                               Members that engage in trading                          knowledge; the structure and function                 who are registered as of October 1, 2018
                                               activities on the Exchange.                             of the securities industry markets,                   will be eligible to maintain their
                                                  The text of the proposed rule change                 regulatory agencies and their functions;              registrations without being subject to
                                               is available on the Exchange’s website at                                                                     any additional requirements.
                                                                                                       and regulated and prohibited practices.
                                                                                                                                                             Individuals who have been registered
                                               http://www.miaxoptions.com/rule-                        In particular, the SIE will cover four
                                                                                                                                                             within the last two years prior to
khammond on DSK30JT082PROD with NOTICES




                                               filings/pearl at MIAX PEARL’s principal                 major areas. The first, ‘‘Knowledge of
                                                                                                                                                             October 1, 2018, will also be eligible to
                                               office, and at the Commission’s Public                  Capital Markets,’’ focuses on topics such
                                                                                                                                                             maintain those registrations without
                                               Reference Room.                                         as types of markets and offerings,
                                                                                                                                                             being subject to any additional
                                                                                                       broker-dealers and depositories, and
                                                                                                                                                             requirements, provided they register
                                                 21 17 CFR 200.30–3(a)(12).                               3 See Securities Exchange Act Release No. 81098    within two years from the date of their
                                                 1 15 U.S.C. 78s(b)(1).                                (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order    last registration. However, with respect
                                                 2 17 CFR 240.19b–4.                                   Approving File No. SR–FINRA–2017–007).                to an individual who is not registered


                                          VerDate Sep<11>2014   20:54 Oct 10, 2018   Jkt 247001   PO 00000   Frm 00084   Fmt 4703   Sfmt 4703   E:\FR\FM\11OCN1.SGM   11OCN1


                                                                           Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices                                                   51519

                                               on the effective date of the proposed                   examination requirements, without                     C. Self-Regulatory Organization’s
                                               rule change but was registered within                   compromising the qualification                        Statement on Comments on the
                                               the last two years prior to the effective               standards, by eliminating duplicative                 Proposed Rule Change Received From
                                               date of the proposed rule change, the                   testing of general securities knowledge               Members, Participants, or Others
                                               individual’s SIE status in the Central                  on examinations. FINRA has indicated                    Written comments were neither
                                               Registration Depository (‘‘CRD’’) system                that the SIE was developed in an effort               solicited nor received.
                                               would be administratively terminated if                 to adopt an examination that would
                                               such individual does not register with                                                                        III. Date of Effectiveness of the
                                                                                                       assess basic product knowledge; the
                                               the Exchange within four years from the                                                                       Proposed Rule Change and Timing for
                                                                                                       structure and function of the securities              Commission Action
                                               date of the individual’s last registration.
                                                                                                       industry markets, regulatory agencies
                                               The Exchange also notes that consistent                                                                          Because the foregoing proposed rule
                                                                                                       and their functions; and regulated and
                                               with Rule 203 Interpretations and                                                                             change does not: (i) Significantly affect
                                               Policies .05, the Exchange will consider                prohibited practices. The Exchange also
                                                                                                       notes that the introduction of the SIE                the protection of investors or the public
                                               waivers of the SIE alone or the SIE and                                                                       interest; (ii) impose any significant
                                               the representative or principal-level                   and expansion of the pool of individuals
                                                                                                                                                             burden on competition; and (iii) become
                                               examination(s) for applicants who are                   who are eligible to take the SIE, has the
                                                                                                                                                             operative for 30 days from the date on
                                               seeking registration in a representative-               potential of enhancing the pool of                    which it was filed, or such shorter time
                                               or principal-level registration category.4              prospective securities industry                       as the Commission may designate, it has
                                                 The Exchange also proposes to add                     professionals by introducing them to                  become effective pursuant to Section
                                               Interpretations and Policies .09 to Rule                securities laws, rules and regulations                19(b)(3)(A) of the Act 10 and Rule 19b–
                                               203 ‘‘Summary of Qualifications                         and appropriate conduct before they                   4(f)(6) thereunder.
                                               Requirements’’ which summarizes the                     join the industry in a registered                        A proposed rule change filed under
                                               qualification requirements for each of                  capacity. Lastly, the Exchange notes                  Rule 19b–4(f)(6) normally does not
                                               the required registration categories                    adopting the SIE requirement is                       become operative for 30 days from the
                                               described in the Exchange Rules.                        consistent with the requirement recently              date of filing. However, Rule 19b–
                                                 The Exchange notes that this filing is                adopted by FINRA.8                                    4(f)(6)(iii) 11 permits the Commission to
                                               substantially similar to a companion                                                                          designate a shorter time if such action
                                               Miami International Securities                             Furthermore, the Exchange believes
                                                                                                                                                             is consistent with the protection of
                                               Exchange, LLC (‘‘MIAX Options’’) filing                 that adding Interpretations and Policies
                                                                                                                                                             investors and the public interest. The
                                               relating to registration and qualification              .09 to Rule 203 will provide greater                  Exchange has asked the Commission to
                                               examinations required for Members and                   clarity regarding the Exchange’s                      waive the 30-day operative delay so that
                                               Associated Persons of Members that                      examination requirements as updated                   the proposal may become operative on
                                               engage in trading activities on the MIAX                by, and those remaining in effect                     October 1, 2018 to coincide with the
                                               Options Exchange.                                       following, the proposed rule change,                  effective date of FINRA’s proposed rule
                                                                                                       and consistency with the rules of other               change on which the proposal is
                                               2. Statutory Basis
                                                                                                       exchanges.9                                           based.12 The waiver of the operative
                                                  The Exchange believes that its                                                                             delay would make the Exchange’s
                                               proposed rule change is consistent with                 B. Self-Regulatory Organization’s
                                                                                                                                                             qualification requirements consistent
                                               Section 6(b) of the Act 5 in general, and               Statement on Burden on Competition
                                                                                                                                                             with those of FINRA, as of October 1,
                                               furthers the objectives of Section 6(b)(5)                                                                    2018. Therefore, the Commission
                                                                                                         The Exchange does not believe that
                                               of the Act 6 in particular, in that it is                                                                     believes that the waiver of the 30-day
                                               designed to prevent fraudulent and                      the proposed rule change will impose
                                                                                                       any burden on competition that is not                 operative delay is consistent with the
                                               manipulative acts and practices, to                                                                           protection of investors and the public
                                               promote just and equitable principles of                necessary or appropriate in furtherance
                                                                                                       of the purposes of the Act. The                       interest and hereby waives the 30-day
                                               trade, to foster cooperation and                                                                              operative delay and designates the
                                               coordination with persons engaged in                    Exchange believes that the proposed
                                                                                                                                                             proposal operative on October 1, 2018.13
                                               facilitating transactions in securities, to             rule change, which harmonizes its rules                  At any time within 60 days of the
                                               remove impediments to and perfect the                   with recent rule changes adopted by                   filing of the proposed rule change, the
                                               mechanisms of a free and open market                    FINRA and which is being filed in                     Commission summarily may
                                               and a national market system and, in                    conjunction with similar filings by the               temporarily suspend such rule change if
                                               general, to protect investors and the                   other national securities exchanges, will             it appears to the Commission that such
                                               public interest. Additionally, the                      reduce the regulatory burden placed on                action is necessary or appropriate in the
                                               Exchange believes the proposed rule                     market participants engaged in trading                public interest, for the protection of
                                               change is consistent with the Section                   activities across different markets. The              investors, or otherwise in furtherance of
                                               6(b)(5) 7 requirement that the rules of an              Exchange believes that the                            the purposes of the Act.
                                               exchange not be designed to permit                      harmonization of these registration
                                               unfair discrimination between                                                                                 IV. Solicitation of Comments
                                                                                                       requirements across the various markets
                                               customers, issuers, brokers, or dealers.                will reduce burdens on competition by                   Interested persons are invited to
                                                  The Exchange believes that the                       removing impediments to participation                 submit written data, views, and
                                               proposed rule change will improve the                   in the national market system and                     arguments concerning the foregoing,
                                               efficiency of the Exchange’s                            promoting competition among                           including whether the proposed rule
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                                                 4 Pursuant to a Regulatory Services Agreement
                                                                                                       participants across the multiple national               10 15  U.S.C. 78s(b)(3)(A).
                                               between FINRA and MIAX PEARL, FINRA provides            securities exchanges.                                   11 17  CFR 240.19b–4(f)(6)(iii).
                                               MIAX PEARL certain exam waiver services in                                                                       12 See supra note 3.
                                               responding to exam waiver requests from MIAX              8 See supra note 3.                                    13 For purposes only of waiving the 30-day
                                               PEARL Members.                                            9 See e.g. Cboe Exchange, Inc. Rule 3.6A            operative delay, the Commission has also
                                                 5 15 U.S.C. 78f(b).
                                                                                                       Interpretations and Policies .08(b) and Nasdaq ISE,   considered the proposed rule’s impact on
                                                 6 15 U.S.C. 78f(b)(5).
                                                                                                       LLC Rule 313 Registration Requirements                efficiency, competition, and capital formation. See
                                                 7 Id.                                                 Supplementary Material .08 (b).                       15 U.S.C. 78c(f).



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                                               51520                         Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices

                                               change is consistent with the Act.                        SECURITIES AND EXCHANGE                               Commission Rule of Practice 431,11 the
                                               Comments may be submitted by any of                       COMMISSION                                            Commission would review the
                                               the following methods:                                                                                          Division’s action pursuant to delegated
                                                                                                         [Release No. 34–84369]
                                                                                                                                                               authority and that the Division’s action
                                               Electronic Comments
                                                                                                         Securities Exchange Act of 1934                       pursuant to delegated authority had
                                                 • Use the Commission’s internet                                                                               been automatically stayed.12
                                               comment form (http://www.sec.gov/                         October 4, 2018.                                         Accordingly, it is ordered, pursuant to
                                               rules/sro.shtml); or                                         In the Matter of the NYSE Arca, Inc.;              Commission Rule of Practice 431, that
                                                 • Send an email to rule-comments@                       Order Scheduling Filing of Statements                 by November 5, 2018, any party or other
                                               sec.gov. Please include File Number SR–                   on Review for an Order of Disapproval                 person may file a statement in support
                                               PEARL–2018–20 on the subject line.                        of Proposed Rule Change To List and                   of, or in opposition to, the action made
                                                                                                         Trade the Shares of the ProShares                     pursuant to delegated authority.
                                               Paper Comments                                            Bitcoin ETF and the ProShares Short                      It is further ordered that the order
                                                  • Send paper comments in triplicate                    Bitcoin ETF (File No. SR–NYSEArca–                    disapproving proposed rule change SR–
                                               to Brent J. Fields, Secretary, Securities                 2017–139).                                            NYSEArca–2017–139 shall remain in
                                                                                                            On December 4, 2017, NYSE Arca Inc.                effect pending the Commission’s review.
                                               and Exchange Commission, 100 F Street
                                                                                                         (‘‘NYSE Arca’’) filed with the Securities
                                               NE, Washington, DC 20549–1090.                                                                                    By the Commission.
                                                                                                         and Exchange Commission
                                               All submissions should refer to File                      (‘‘Commission’’), pursuant to Section                 Eduardo A. Aleman,
                                               Number SR–PEARL–2018–20. This file                        19(b)(1) of the Securities Exchange Act               Assistant Secretary.
                                               number should be included on the                          (‘‘Exchange Act’’) 1 and Rule 19b–4                   [FR Doc. 2018–22094 Filed 10–10–18; 8:45 am]
                                               subject line if email is used. To help the                thereunder,2 a proposed rule change to                BILLING CODE 8011–01–P
                                               Commission process and review your                        list and trade shares of the ProShares
                                               comments more efficiently, please use                     Bitcoin ETF and the ProShares Short
                                               only one method. The Commission will                      Bitcoin ETF issued by the ProShares                   SECURITIES AND EXCHANGE
                                               post all comments on the Commission’s                     Trust II under NYSE Arca Rule 8.200–                  COMMISSION
                                               internet website (http://www.sec.gov/                     E, Commentary .02. The proposed rule                  [Securities Exchange Act of 1934; Release
                                               rules/sro.shtml). Copies of the                           change was published for comment in                   No. 34–84368/October 4, 2018]
                                               submission, all subsequent                                the Federal Register on December 26,
                                               amendments, all written statements                        2017.3                                                In the Matter of the Cboe BZX
                                               with respect to the proposed rule                            On January 30, 2018, pursuant to                   Exchange, Inc.; For an Order of
                                               change that are filed with the                            Section 19(b)(2) of the Exchange Act,4                Disapproval of Proposed Rule Change
                                               Commission, and all written                               the Commission designated a longer                    To List and Trade the Shares of the
                                               communications relating to the                            period within which to approve the                    GraniteShares Bitcoin ETF and the
                                               proposed rule change between the                          proposed rule change, disapprove the                  GraniteShares Short Bitcoin ETF (File
                                               Commission and any person, other than                     proposed rule change, or institute                    No. SR–CboeBZX–2018–001); Order
                                               those that may be withheld from the                       proceedings to determine whether to                   Scheduling Filing of Statements on
                                               public in accordance with the                             approve or disapprove the proposed                    Review
                                               provisions of 5 U.S.C. 552, will be                       rule change.5 On March 23, 2018, the
                                               available for website viewing and                         Commission instituted proceedings                        On January 5, 2018, Cboe BZX
                                               printing in the Commission’s Public                       under Section 19(b)(2)(B) of the                      Exchange, Inc. (‘‘BZX’’) filed with the
                                               Reference Room, 100 F Street NE,                          Exchange Act 6 to determine whether to                Securities and Exchange Commission
                                               Washington, DC 20549, on official                         approve or disapprove the proposed                    (‘‘Commission’’), pursuant to Section
                                               business days between the hours of                        rule change.7 On June 15, 2018, the                   19(b)(1) of the Securities Exchange Act
                                               10:00 a.m. and 3:00 p.m. Copies of the                    Commission extended the period for                    of 1934 (‘‘Exchange Act’’) 1 and Rule
                                               filing also will be available for                         consideration of the proposed rule                    19b–4 thereunder,2 a proposed rule
                                               inspection and copying at the principal                   change to August 23, 2018.8                           change to list and trade shares of the
                                               office of the Exchange. All comments                         On August 22, 2018, the Division of                GraniteShares Bitcoin ETF and the
                                               received will be posted without change.                   Trading and Markets, pursuant to                      GraniteShares Short Bitcoin ETF issued
                                               Persons submitting comments are                           delegated authority,9 issued an order                 by the GraniteShares ETP Trust under
                                               cautioned that the Commission does not                    disapproving the proposed rule                        BZX Rule 14.11(f)(4).3 The proposed
                                               edit personal identifying information                     change.10 On August 23, 2018, the                     rule change was published for comment
                                               from submissions. You should submit                       Secretary of the Commission notified                  in the Federal Register on January 18,
                                               only information that you wish to make                    NYSEArca that, pursuant to                            2018.4
                                               available publicly. All submissions                                                                                On February 22, 2018, pursuant to
                                               should refer to File Number SR–
                                                                                                           1 15  U.S.C. 78s(b)(1).                             Section 19(b)(2) of the Exchange Act,
                                               PEARL–2018–20 and should be
                                                                                                           2 17  CFR 240.19b–4.                                the Commission designated a longer
                                                                                                            3 See Securities Exchange Act Release No. 82350
                                               submitted on or before November 1,                        (Dec. 19, 2017), 82 FR 61100 (Dec. 26, 2017).           11 See  17 CFR 201.431(c).
                                               2018.                                                        4 15 U.S.C. 78s(b)(2).                               12 See  Letter from Secretary of the Commission to
                                                                                                            5 See Securities Exchange Act Release No. 82602
                                                 For the Commission, by the Division of                                                                        David De Gregorio, Senior Counsel, NYSE Group,
                                               Trading and Markets, pursuant to delegated                (Jan. 30, 2018), 83 FR 4941 (Feb. 2, 2018).           Inc. (Aug. 23, 2018), available at https://
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                                                                                                            6 15 U.S.C. 78s(b)(2)(B).                          www.sec.gov/rules/sro/nysearca/2018/34-83904-
                                               authority.14
                                                                                                            7 See Securities Exchange Act Release No. 82939    letter-from-secretary.pdf.
                                               Eduardo A. Aleman,                                        (Mar. 23, 2018), 83 FR 13537 (Mar. 29, 2018).            1 15 U.S.C. 78s(b)(1).

                                               Assistant Secretary.                                         8 See Securities Exchange Act Release No. 83452       2 17 CFR 240.19b–4.

                                               [FR Doc. 2018–22045 Filed 10–10–18; 8:45 am]              (June 15, 2018), 83 FR 28894 (June 21, 2018).            3 On August 21, 2018, BZX filed Amendment No.
                                                                                                            9 17 CFR 200.30–3(a)(12).                          1 to the proposal, and on August 22, 2018, BZX
                                               BILLING CODE 8011–01–P
                                                                                                            10 See Securities Exchange Act Release No. 83904   filed Amendment No. 2 to the proposal.
                                                                                                         (Aug. 22, 2018), 83 FR 43934 (Aug. 28, 2018) (SR–        4 See Securities Exchange Act Release No. 82484
                                                 14 17   CFR 200.30–3(a)(12).                            NYSEArca-2017–139) (‘‘Disapproval Order’’).           (Jan. 11, 2018), 83 FR 2704 (Jan. 18, 2018).



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Document Created: 2018-10-11 15:36:14
Document Modified: 2018-10-11 15:36:14
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 51518 

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