83_FR_51726 83 FR 51529 - Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rules 203, Qualification and Registration of Members and Associated Persons, 1301, Registration of Options Principals, and 1302, Registration of Representatives, Relating to Registration and Qualification Examinations Required for Members and Associated Persons of Members That Engage in Trading Activities on the Exchange

83 FR 51529 - Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rules 203, Qualification and Registration of Members and Associated Persons, 1301, Registration of Options Principals, and 1302, Registration of Representatives, 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 Range51529-51531
FR Document2018-22044

Federal Register, Volume 83 Issue 197 (Thursday, October 11, 2018)
[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Pages 51529-51531]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22044]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84361; File No. SR-MIAX-2018-26]


Self-Regulatory Organizations; Miami International Securities 
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend Exchange Rules 203, Qualification and 
Registration of Members and Associated Persons, 1301, Registration of 
Options Principals, and 1302, Registration of Representatives, 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, Miami International 
Securities Exchange, LLC (``MIAX Options'' or the ``Exchange'') filed 
with the Securities and Exchange Commission (``Commission'') 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 Rules 203, Qualification 
and Registration of Members and Associated Persons, 1301, Registration 
of Options Principals, and 1302, Registration of Representatives, 
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/ at MIAX Options' 
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.
---------------------------------------------------------------------------

    \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 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,

[[Page 51530]]

``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 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\
---------------------------------------------------------------------------

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

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

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ 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.\8\
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    \8\ See supra note 3.
---------------------------------------------------------------------------

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

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

B. Self-Regulatory Organization's Statement on Burden on Competition

    MIAX Options 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

[[Page 51531]]

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

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

    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 rule-comments@sec.gov. Please include 
File Number SR-MIAX-2018-26 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-MIAX-2018-26. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from submissions. You should submit only information that 
you wish to make available publicly. All submissions should refer to 
File Number SR-MIAX-2018-26 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. 2018-22044 Filed 10-10-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                           Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices                                                  51529

                                               Electronic Comments                                     SECURITIES AND EXCHANGE                               any comments it received on the
                                                                                                       COMMISSION                                            proposed rule change. The text of these
                                                 • Use the Commission’s internet                                                                             statements may be examined at the
                                               comment form (http://www.sec.gov/                       [Release No. 34–84361; File No. SR–MIAX–
                                                                                                                                                             places specified in Item IV below. The
                                               rules/sro.shtml); or                                    2018–26]
                                                                                                                                                             Exchange has prepared summaries, set
                                                 • Send an email to rule-comments@                     Self-Regulatory Organizations; Miami                  forth in sections A, B, and C below, of
                                               sec.gov. Please include File Number SR–                 International Securities Exchange,                    the most significant aspects of such
                                               CboeBZX–2018–001 on the subject line.                   LLC; Notice of Filing and Immediate                   statements.
                                                                                                       Effectiveness of a Proposed Rule                      A. Self-Regulatory Organization’s
                                               Paper Comments                                          Change To Amend Exchange Rules                        Statement of the Purpose of, and
                                                 • Send paper comments in triplicate                   203, Qualification and Registration of                Statutory Basis for, the Proposed Rule
                                               to Secretary, Securities and Exchange                   Members and Associated Persons,                       Change
                                               Commission, 100 F Street NE,                            1301, Registration of Options
                                                                                                       Principals, and 1302, Registration of                 1. Purpose
                                               Washington, DC 20549–1090.
                                                                                                       Representatives, Relating to                             The Securities and Exchange
                                               All submissions should refer to File                    Registration and Qualification                        Commission (the ‘‘SEC’’ or the
                                               Number SR–CboeBZX–2018–001. This                        Examinations Required for Members                     ‘‘Commission’’) recently approved a
                                               file number should be included on the                   and Associated Persons of Members                     proposed rule change to restructure the
                                               subject line if email is used. To help the              That Engage in Trading Activities on                  Financial Industry Regulatory Authority
                                               Commission process and review your                      the Exchange                                          (‘‘FINRA’’) representative-level
                                               comments more efficiently, please use                                                                         qualification examination program.3
                                                                                                       October 4, 2018.                                      The rule change, which will become
                                               only one method. The Commission will                       Pursuant to the provisions of Section
                                               post all comments on the Commission’s                                                                         effective on October 1, 2018,
                                                                                                       19(b)(1) of the Securities Exchange Act               restructures the examination program
                                               internet website (http://www.sec.gov/                   of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                               rules/sro.shtml). Copies of the                                                                               into a more efficient format whereby all
                                                                                                       thereunder,2 notice is hereby given that              new representative-level applicants will
                                               submission, all subsequent                              on September 27, 2018, Miami                          be required to take a general knowledge
                                               amendments, all written statements                      International Securities Exchange, LLC                examination (the Securities Industry
                                               with respect to the proposed rule                       (‘‘MIAX Options’’ or the ‘‘Exchange’’)                Essentials Examination (‘‘SIE’’)) and a
                                               change that are filed with the                          filed with the Securities and Exchange                tailored, specialized knowledge
                                               Commission, and all written                             Commission (‘‘Commission’’) a                         examination (a revised representative-
                                               communications relating to the                          proposed rule change as described in                  level qualification examination) for their
                                               proposed rule change between the                        Items I and II below, which Items have                particular registered role. Individuals
                                               Commission and any person, other than                   been prepared by the Exchange. The                    are not required to be associated with
                                               those that may be withheld from the                     Commission is publishing this notice to               the Exchange or any other self-
                                               public in accordance with the                           solicit comments on the proposed rule                 regulatory organization (‘‘SRO’’)
                                               provisions of 5 U.S.C. 552, will be                     change from interested persons.                       member to be eligible to take the SIE.
                                               available for website viewing and                       I. Self-Regulatory Organization’s                     However, passing the SIE alone will not
                                               printing in the Commission’s Public                     Statement of the Terms of Substance of                qualify an individual for registration
                                               Reference Room, 100 F Street NE,                        the Proposed Rule Change                              with the Exchange. To be eligible for
                                               Washington, DC 20549 on official                                                                              registration, an individual must also be
                                                                                                          The Exchange is filing a proposal to               associated with a firm, pass an
                                               business days between the hours of
                                                                                                       amend Rules 203, Qualification and                    appropriate qualification examination
                                               10:00 a.m. and 3:00 p.m. Copies of the                  Registration of Members and Associated
                                               filing will also be available for                                                                             for a representative or principal and
                                                                                                       Persons, 1301, Registration of Options                satisfy the other requirements relating to
                                               inspection and copying at the principal                 Principals, and 1302, Registration of
                                               office of the Exchange. All comments                                                                          the registration process.
                                                                                                       Representatives, relating to registration                The SIE will assess basic product
                                               received will be posted without change.                 and qualification examinations required               knowledge; the structure and function
                                               Persons submitting comments are                         for Members and Associated Persons of                 of the securities industry markets,
                                               cautioned that we do not redact or edit                 Members that engage in trading                        regulatory agencies and their functions;
                                               personal identifying information from                   activities on the Exchange.                           and regulated and prohibited practices.
                                               comment submissions. You should                            The text of the proposed rule change               In particular, the SIE will cover four
                                               submit only information that you wish                   is available on the Exchange’s website at             major areas. The first, ‘‘Knowledge of
                                               to make available publicly. All                         http://www.miaxoptions.com/rule-                      Capital Markets,’’ focuses on topics such
                                               submissions should refer to File                        filings/ at MIAX Options’ principal                   as types of markets and offerings,
                                               Number SR–CboeBZX–2018–001 and                          office, and at the Commission’s Public                broker-dealers and depositories, and
                                               should be submitted on or before                        Reference Room.                                       economic cycles. The second,
                                               November 1, 2018.                                       II. Self-Regulatory Organization’s                    ‘‘Understanding Products and Their
                                                                                                       Statement of the Purpose of, and                      Risks,’’ covers securities products at a
                                                 By the Commission.
                                                                                                       Statutory Basis for, the Proposed Rule                high level as well as associated
                                               Eduardo A. Aleman,                                                                                            investment risks. The third,
                                                                                                       Change
khammond on DSK30JT082PROD with NOTICES




                                               Assistant Secretary.                                                                                          ‘‘Understanding Trading, Customer
                                               [FR Doc. 2018–22096 Filed 10–10–18; 8:45 am]               In its filing with the Commission, the             Accounts and Prohibited Activities,’’
                                               BILLING CODE 8011–01–P
                                                                                                       Exchange included statements                          focuses on accounts, orders, settlement
                                                                                                       concerning the purpose of and basis for               and prohibited activities. The final,
                                                                                                       the proposed rule change and discussed
                                                                                                                                                                3 See Securities Exchange Act Release No. 81098
                                                                                                         1 15 U.S.C. 78s(b)(1).                              (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order
                                                                                                         2 17 CFR 240.19b–4.                                 Approving File No. SR–FINRA–2017–007).



                                          VerDate Sep<11>2014   20:54 Oct 10, 2018   Jkt 247001   PO 00000   Frm 00095   Fmt 4703   Sfmt 4703   E:\FR\FM\11OCN1.SGM   11OCN1


                                               51530                       Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices

                                               ‘‘Overview of the Regulatory                            date of the individual’s last registration.           securities laws, rules and regulations
                                               Framework,’’ encompasses topics such                    The Exchange also notes that consistent               and appropriate conduct before they
                                               as SROs, registration requirements and                  with Rule 203 Interpretations and                     join the industry in a registered
                                               specified conduct rules. It is anticipated              Policies .05, the Exchange will consider              capacity. Lastly, the Exchange notes
                                               that the SIE will include 75 scored                     waivers of the SIE alone or the SIE and               adopting the SIE requirement is
                                               questions plus an additional 10                         the representative or principal-level                 consistent with the requirement recently
                                               unscored pretest questions. The passing                 examination(s) for applicants who are                 adopted by FINRA.8
                                               score will be determined through                        seeking registration in a representative-               Furthermore, the Exchange believes
                                               methodologies compliant with testing                    or principal-level registration category.4            that adding Interpretations and Policies
                                               industry standards used to develop                        The Exchange also proposes to add                   .09 to Rule 203 will provide greater
                                               examinations and set passing standards.                 Interpretations and Policies .09 to Rule              clarity regarding the Exchange’s
                                                  The restructured program will                        203 ‘‘Summary of Qualifications
                                                                                                                                                             examination requirements as updated
                                               eliminate duplicative testing of general                Requirements’’ which summarizes the
                                                                                                                                                             by, and those remaining in effect
                                               securities knowledge on the current                     qualification requirements for each of
                                                                                                                                                             following, the proposed rule change,
                                               representative-level qualification                      the required registration categories
                                                                                                                                                             and consistency with the rules of other
                                               examinations by moving such content                     described in the Exchange Rules.
                                                                                                                                                             exchanges.9
                                               into the SIE. The SIE will test
                                                                                                       2. Statutory Basis
                                               fundamental securities related                                                                                B. Self-Regulatory Organization’s
                                               knowledge, including knowledge of                          The Exchange believes that its                     Statement on Burden on Competition
                                               basic products, the structure and                       proposed rule change is consistent with
                                               function of the securities industry, the                Section 6(b) of the Act 5 in general, and               MIAX Options does not believe that
                                               regulatory agencies and their functions                 furthers the objectives of Section 6(b)(5)            the proposed rule change will impose
                                               and regulated and prohibited practices,                 of the Act 6 in particular, in that it is             any burden on competition that is not
                                               whereas the revised representative-level                designed to prevent fraudulent and                    necessary or appropriate in furtherance
                                               qualification examinations will test                    manipulative acts and practices, to                   of the purposes of the Act. The
                                               knowledge relevant to day-to-day                        promote just and equitable principles of              Exchange believes that the proposed
                                               activities, responsibilities and job                    trade, to foster cooperation and                      rule change, which harmonizes its rules
                                               functions of representatives. The SIE                   coordination with persons engaged in                  with recent rule changes adopted by
                                               was developed in consultation with a                    facilitating transactions in securities, to           FINRA and which is being filed in
                                               committee of industry representatives                   remove impediments to and perfect the                 conjunction with similar filings by the
                                               and representatives of several SROs.                    mechanisms of a free and open market                  other national securities exchanges, will
                                               Each of the current representative-level                and a national market system, and, in                 reduce the regulatory burden placed on
                                               examinations covers general securities                  general to protect investors and the                  market participants engaged in trading
                                               knowledge, with the exception of the                    public interest. Additionally, the                    activities across different markets. The
                                               Research Analyst (Series 86 and 87)                     Exchange believes the proposed rule                   Exchange believes that the
                                               examinations.                                           change is consistent with the Section                 harmonization of these registration
                                                  The Exchange proposes to require that                6(b)(5) 7 requirement that the rules of an            requirements across the various markets
                                               effective October 1, 2018, new                          exchange not be designed to permit                    will reduce burdens on competition by
                                               applicants seeking to register in a                     unfair discrimination between                         removing impediments to participation
                                               representative capacity with the                        customers, issuers, brokers, or dealers.              in the national market system and
                                               Exchange must pass the SIE before their                    The Exchange believes that the                     promoting competition among
                                               registrations can become effective. The                 proposed rule change will improve the                 participants across the multiple national
                                               Exchange proposes to make the                           efficiency of the Exchange’s                          securities exchanges.
                                               requirement operative on October 1,                     examination requirements, without
                                                                                                       compromising the qualification                        C. Self-Regulatory Organization’s
                                               2018 to coincide with the effective date
                                                                                                       standards, by eliminating duplicative                 Statement on Comments on the
                                               of FINRA’s requirement.
                                                  The Exchange notes that individuals                  testing of general securities knowledge               Proposed Rule Change Received From
                                               who are registered as of October 1, 2018                on examinations. FINRA has indicated                  Members, Participants, or Others
                                               will be eligible to maintain their                      that the SIE was developed in an effort                 Written comments were neither
                                               registrations without being subject to                  to adopt an examination that would                    solicited nor received.
                                               any additional requirements.                            assess basic product knowledge; the
                                               Individuals who have been registered                    structure and function of the securities              III. Date of Effectiveness of the
                                               within the last two years prior to                      industry markets, regulatory agencies                 Proposed Rule Change and Timing for
                                               October 1, 2018, will also be eligible to               and their functions; and regulated and                Commission Action
                                               maintain those registrations without                    prohibited practices. The Exchange also
                                               being subject to any additional                                                                                 Because the foregoing proposed rule
                                                                                                       notes that the introduction of the SIE
                                               requirements, provided they register                                                                          change does not: (i) Significantly affect
                                                                                                       and expansion of the pool of individuals
                                               within two years from the date of their                                                                       the protection of investors or the public
                                                                                                       who are eligible to take the SIE, has the
                                               last registration. However, with respect                                                                      interest; (ii) impose any significant
                                                                                                       potential of enhancing the pool of
                                               to an individual who is not registered                                                                        burden on competition; and (iii) become
                                                                                                       prospective securities industry
                                               on the effective date of the proposed                                                                         operative for 30 days from the date on
                                                                                                       professionals by introducing them to
                                               rule change but was registered within                                                                         which it was filed, or such shorter time
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                                               the last two years prior to the effective                 4 Pursuant to a Regulatory Services Agreement
                                                                                                                                                             as the Commission may designate, it has
                                               date of the proposed rule change, the                   between FINRA and MIAX Options, FINRA                 become effective pursuant to Section
                                               individual’s SIE status in the Central                  provides MIAX Options certain exam waiver
                                                                                                       services in responding to exam waiver requests          8 See supra note 3.
                                               Registration Depository (‘‘CRD’’) system                from MIAX Members.                                      9 See e.g. Cboe Exchange, Inc. Rule 3.6A
                                               would be administratively terminated if                   5 15 U.S.C. 78f(b).
                                                                                                                                                             Interpretations and Policies .08(b) and Nasdaq ISE,
                                               such individual does not register with                    6 15 U.S.C. 78f(b)(5).
                                                                                                                                                             LLC Rule 313 Registration Requirements
                                               the Exchange within four years from the                   7 Id.                                               Supplementary Material .08(b).



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                                                                           Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices                                                  51531

                                               19(b)(3)(A) of the Act 10 and Rule 19b–                 number should be included on the                      SECURITIES AND EXCHANGE
                                               4(f)(6) thereunder.                                     subject line if email is used. To help the            COMMISSION
                                                  A proposed rule change filed under                   Commission process and review your
                                               Rule 19b–4(f)(6) normally does not                      comments more efficiently, please use                 [Securities Exchange Act of 1934; Release
                                               become operative for 30 days from the                   only one method. The Commission will                  No. 34–84370/October 4, 2018]
                                               date of filing. However, Rule 19b–                      post all comments on the Commission’s
                                               4(f)(6)(iii) 11 permits the Commission to               internet website (http://www.sec.gov/                 In the Matter of the NYSE Arca, Inc. For
                                               designate a shorter time if such action                 rules/sro.shtml). Copies of the                       an Order of Disapproval of Proposed
                                               is consistent with the protection of                    submission, all subsequent                            Rule Change Relating To Listing and
                                               investors and the public interest. The                  amendments, all written statements
                                                                                                                                                             Trading of the Direxion Daily Bitcoin
                                               Exchange has asked the Commission to                                                                          Bear 1X Shares, Direxion Daily Bitcoin
                                                                                                       with respect to the proposed rule
                                               waive the 30-day operative delay so that                                                                      1.25X Bull Shares, Direxion Daily
                                                                                                       change that are filed with the
                                               the proposal may become operative on                                                                          Bitcoin 1.5X Bull Shares, Direxion
                                               October 1, 2018 to coincide with the                    Commission, and all written                           Daily Bitcoin 2X Bull Shares, and
                                               effective date of FINRA’s proposed rule                 communications relating to the                        Direxion Daily Bitcoin 2X Bear Shares
                                               change on which the proposal is                         proposed rule change between the                      Under NYSE Arca Rule 8.200–E (File
                                               based.12 The waiver of the operative                    Commission and any person, other than                 No. SR–NYSEArca–2018–02); Order
                                               delay would make the Exchange’s                         those that may be withheld from the                   Scheduling Filing of Statements on
                                               qualification requirements consistent                   public in accordance with the                         Review
                                               with those of FINRA, as of October 1,                   provisions of 5 U.S.C. 552, will be
                                               2018. Therefore, the Commission                         available for website viewing and                        On January 4, 2018, NYSE Arca, Inc.
                                               believes that the waiver of the 30-day                  printing in the Commission’s Public                   (‘‘NYSE Arca’’) filed with the Securities
                                               operative delay is consistent with the                  Reference Room, 100 F Street NE,                      and Exchange Commission
                                               protection of investors and the public                  Washington, DC 20549, on official                     (‘‘Commission’’), pursuant to Section
                                               interest and hereby waives the 30-day                   business days between the hours of                    19(b)(1) of the Securities Exchange Act
                                               operative delay and designates the                                                                            of 1934 (‘‘Exchange Act’’) 1 and Rule
                                                                                                       10:00 a.m. and 3:00 p.m. Copies of the
                                               proposal operative on October 1, 2018.13                                                                      19b–4 thereunder,2 a proposed rule
                                                                                                       filing also will be available for
                                                  At any time within 60 days of the                                                                          change to list and trade shares of the
                                                                                                       inspection and copying at the principal               following exchange-traded products
                                               filing of the proposed rule change, the                 office of the Exchange. All comments
                                               Commission summarily may                                                                                      under NYSE Arca Rule 8.200–E,
                                                                                                       received will be posted without change.               Commentary .02: Direxion Daily Bitcoin
                                               temporarily suspend such rule change if                 Persons submitting comments are
                                               it appears to the Commission that such                                                                        Bear 1X Shares, Direxion Daily Bitcoin
                                                                                                       cautioned that we do not redact or edit               1.25X Bull Shares, Direxion Daily
                                               action is necessary or appropriate in the               personal identifying information from
                                               public interest, for the protection of                                                                        Bitcoin 1.5X Bull Shares, Direxion Daily
                                                                                                       submissions. You should submit only                   Bitcoin 2X Bull Shares, and Direxion
                                               investors, or otherwise in furtherance of
                                                                                                       information that you wish to make                     Daily Bitcoin 2X Bear Shares. The
                                               the purposes of the Act.
                                                                                                       available publicly. All submissions                   proposed rule change was published for
                                               IV. Solicitation of Comments                            should refer to File Number SR–MIAX–                  comment in the Federal Register on
                                                 Interested persons are invited to                     2018–26 and should be submitted on or                 January 24, 2018.3
                                               submit written data, views, and                         before November 1, 2018.                                 On March 1, 2018, pursuant to
                                               arguments concerning the foregoing,                       For the Commission, by the Division of              Section 19(b)(2) of the Exchange Act,
                                               including whether the proposed rule                     Trading and Markets, pursuant to delegated            the Commission designated a longer
                                               change is consistent with the Act.                      authority.14                                          period within which to approve the
                                               Comments may be submitted by any of                                                                           proposed rule change, disapprove the
                                                                                                       Eduardo A. Aleman,
                                               the following methods:                                                                                        proposed rule change, or institute
                                                                                                       Assistant Secretary.                                  proceedings to determine whether to
                                               Electronic Comments                                     [FR Doc. 2018–22044 Filed 10–10–18; 8:45 am]          approve or disapprove the proposed
                                                 • Use the Commission’s internet                       BILLING CODE 8011–01–P                                rule change.4 On April 23, 2018, the
                                               comment form (http://www.sec.gov/                                                                             Commission instituted proceedings
                                               rules/sro.shtml); or                                                                                          under Section 19(b)(2)(B) of the
                                                 • Send an email to rule-comments@                                                                           Exchange Act 5 to determine whether to
                                               sec.gov. Please include File Number SR–                                                                       approve or disapprove the proposed
                                               MIAX–2018–26 on the subject line.                                                                             rule change.6 On July 18, 2018, the
                                               Paper Comments                                                                                                Commission extended the period for
                                                                                                                                                             consideration of the proposed rule
                                                 • Send paper comments in triplicate                                                                         change to September 21, 2018.7
                                               to Brent J. Fields, Secretary, Securities                                                                        On August 22, 2018, the Division of
                                               and Exchange Commission, 100 F Street                                                                         Trading and Markets, pursuant to
                                               NE, Washington, DC 20549–1090.
                                               All submissions should refer to File                                                                            1 15  U.S.C. 78s(b)(1).
                                               Number SR–MIAX–2018–26. This file                                                                               2 17  CFR 240.19b–4.
khammond on DSK30JT082PROD with NOTICES




                                                                                                                                                                3 See Securities Exchange Act Release No. 82484
                                                 10 15  U.S.C. 78s(b)(3)(A).                                                                                 (Jan. 11, 2018), 83 FR 2704 (Jan. 18, 2018).
                                                 11 17                                                                                                          4 See Securities Exchange Act Release No. 82759
                                                        CFR 240.19b–4(f)(6)(iii).
                                                  12 See supra note 3.                                                                                       (Feb. 22, 2018), 83 FR 8719 (Feb. 28, 2018).
                                                  13 For purposes only of waiving the 30-day                                                                    5 15 U.S.C. 78s(b)(2)(B).
                                                                                                                                                                6 See Securities Exchange Act Release No. 82995
                                               operative delay, the Commission has also
                                               considered the proposed rule’s impact on                                                                      (Apr. 5, 2018), 83 FR 15425 (Apr. 10, 2018).
                                               efficiency, competition, and capital formation. See                                                              7 See Securities Exchange Act Release No. 83661

                                               15 U.S.C. 78c(f).                                         14 17   CFR 200.30–3(a)(12).                        (July 18, 2018), 83 FR 35040 (July 24, 2018).



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Document Created: 2018-10-11 15:37:27
Document Modified: 2018-10-11 15:37:27
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 51529 

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