83 FR 8536 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Revise the Operations Professional (Series 99) Examination
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 39 (February 27, 2018)
Federal Register Volume 83, Issue 39 (February 27, 2018)
| Page Range | 8536-8538 | |
| FR Document | 2018-03891 |
[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)] [Notices] [Pages 8536-8538] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03891] [[Page 8536]] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82752; File No. SR-FINRA-2018-006] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Revise the Operations Professional (Series 99) Examination February 21, 2018. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on February 9, 2018, Financial Industry Regulatory Authority, Inc. (``FINRA'') filed with the Securities and Exchange Commission (``SEC'' or ``Commission'') the proposed rule change as described in Items I, II, and III below, which Items have been prepared by FINRA. FINRA has designated the proposed rule change as ``constituting a stated policy, practice, or interpretation with respect to the meaning, administration, or enforcement of an existing rule'' under Section 19(b)(3)(A)(i) of the Act \3\ and Rule 19b-4(f)(1) thereunder,\4\ which renders the proposal effective upon receipt of this filing by the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ 15 U.S.C. 78s(b)(3)(A)(i). \4\ 17 CFR 240.19b-4(f)(1). --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change FINRA is proposing revisions to the content outline and selection specifications for the Operations Professional (Series 99) examination as part of the restructuring of the representative-level examination program.\5\ The proposed revisions also update the material to reflect changes to the laws, rules and regulations covered by the examination and to incorporate the functions and associated tasks currently performed by an Operations Professional. In addition, FINRA is proposing to make changes to the format of the content outline. FINRA is not proposing any textual changes to the By-Laws, Schedules to the By-Laws or Rules of FINRA. --------------------------------------------------------------------------- \5\ FINRA also is proposing corresponding revisions to the Series 79 question bank. Based on instruction from SEC staff, FINRA is submitting this filing for immediate effectiveness pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(1) thereunder, and is not filing the question bank. See Letter to Alden S. Adkins, Senior Vice President and General Counsel, NASD Regulation, from Belinda Blaine, Associate Director, Division of Market Regulation, SEC, dated July 24, 2000. The question bank is available for SEC review. --------------------------------------------------------------------------- The revised Series 99 content outline is attached.\6\ The revised Series 99 selection specifications have been submitted to the Commission under separate cover with a request for confidential treatment pursuant to SEA Rule 24b-2.\7\ --------------------------------------------------------------------------- \6\ The Commission notes that the content outline is attached to the filing, not to this Notice. \7\ 17 CFR 240.24b-2. --------------------------------------------------------------------------- The text of the proposed rule change is available on FINRA's website at http://www.finra.org, at the principal office of FINRA and at the Commission's Public Reference Room. [sic] II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, FINRA 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. FINRA 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 Section 15A(g)(3) of the Act \8\ authorizes FINRA to prescribe standards of training, experience, and competence for persons associated with FINRA members. In accordance with that provision, FINRA has developed examinations that are designed to establish that persons associated with FINRA members have attained specified levels of competence and knowledge, consistent with applicable registration requirements under FINRA rules. FINRA periodically reviews the content of the examinations to determine whether revisions are necessary or appropriate in view of changes pertaining to the subject matter covered by the examinations. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78o-3(g)(3). --------------------------------------------------------------------------- The SEC recently approved a proposed rule change to restructure the FINRA representative-level qualification examination program.\9\ The rule change, which will become effective on October 1, 2018,\10\ restructures the examination program into a new format whereby all new representative-level applicants will be required to take a general knowledge examination (the Securities Industry Essentials or SIETM) and a tailored, specialized knowledge examination (a revised representative-level qualification examination) for their particular registered role. --------------------------------------------------------------------------- \9\ See Securities Exchange Act Release No. 81098 (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order Approving File No. SR- FINRA-2017-007). \10\ See Regulatory Notice 17-30 (SEC Approves Consolidated FINRA Registration Rules, Restructured Representative-Level Qualification Examinations and Changes to Continuing Education Requirements) (October 2017). --------------------------------------------------------------------------- The restructured program eliminates duplicative testing of general securities knowledge on the current representative-level qualification examinations by moving such content into the SIE examination.\11\ The SIE examination 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.\12\ --------------------------------------------------------------------------- \11\ Each of the current representative-level examinations covers general securities knowledge, with the exception of the Research Analyst (Series 86 and 87) examinations. \12\ FINRA filed the SIE content outline with the SEC for immediate effectiveness. See Securities Exchange Act Release No. 82578 (January 24, 2018), 83 FR 4375 (January 30, 2018) (Notice of Filing and Immediate Effectiveness of File No. SR-FINRA-2018-002). In addition to the proposed rule change relating to the revised Series 79 examination, FINRA will file with the Commission for immediate effectiveness the content outlines for the other revised representative-level qualification examinations. --------------------------------------------------------------------------- As part of the restructuring process and in consultation with a committee of industry representatives, FINRA undertook a review of the Operations Professional (Series 99) examination to remove the general securities knowledge currently covered on the examination and to create a tailored examination to test knowledge relevant to the day-to-day activities, responsibilities and job functions of an Operations Professional. As a result of this review, FINRA also is proposing to revise the Series 99 content outline to reflect changes to the laws, rules and regulations covered by the examination and to incorporate the functions and associated tasks currently performed by an Operations Professional. The proposed change will align the organization of the Series 99 content outline with the organization of the content outlines of the other revised [[Page 8537]] representative-level examinations.\13\ In addition, FINRA is proposing to make other changes to the format of the Series 99 content outline. --------------------------------------------------------------------------- \13\ FINRA currently has organized several FINRA qualification examinations, such as the Securities Trader (Series 57) examination, based on the functions that are performed by the respective registered persons and the associated tasks. FINRA is proposing similar layouts for all of the representative-level examinations, including the Series 79 examination. --------------------------------------------------------------------------- Beginning on October 1, 2018, new applicants seeking to register as Operations Professionals must pass the SIE examination and the revised Operations Professional (Series 99) examination. Current Content Outline The current Series 99 content outline is divided into three sections. The following are the three sections, denoted Section 1 through Section 3, with the associated number of questions: Section 1: Basic Knowledge Associated With the Securities Industry, 32 questions; Section 2: Basic Knowledge Associated With Broker-Dealer Operations, 48 questions; and Section 3: Professional Conduct and Ethical Considerations, 20 questions. In addition, each section includes references to the applicable laws, rules and regulations associated with that section. The current content outline also includes a preface (addressing, among other things, the purpose, administration and scoring of the examination), sample questions and reference materials. Revised Content Outline As noted above, FINRA is proposing to move the general securities knowledge currently covered on the Series 99 examination to the SIE examination. For example, FINRA Rule 3220 (Influencing or Rewarding Employees of Others) (the Gifts Rule) will now be tested on the SIE examination, rather than on the Series 99 examination. As a result, the revised Series 99 examination will test knowledge specific to the day- to-day activities, responsibilities and job functions of an Operations Professional. Further, FINRA is proposing to reorganize the content outline by dividing it into two major job functions that are performed by an Operations Professional. The following are the two major job functions, denoted Function 1 and Function 2, with the associated number of questions: Function 1: Knowledge Associated With the Securities Industry and Broker-Dealer Operations, 35 questions; and Function 2: Professional Conduct and Ethical Considerations, 15 questions. FINRA also is proposing to adjust the number of questions assigned to each major job function to ensure that the overall examination better reflects the key tasks performed by an Operations Professional. The questions on the revised Series 99 examination will place emphasis on tasks such as broker-dealer operations. Each function also includes specific tasks describing activities associated with performing that function. There are nine tasks (1.1- 1.9) associated with Function 1 \14\ and four tasks (2.1-2.4) associated with Function 2.\15\ For example, one such task (Task 1.1) is opening and maintaining accounts.\16\ Further, the content outline lists the knowledge required to perform each function and associated tasks (e.g., types of retail, institutional and prime brokerage customer accounts). In addition, where applicable, the content outline lists the laws, rules and regulations a candidate is expected to know to perform each function and associated tasks (e.g., SEA Rule 15c3-3 (Customer Protection--Reserves and Custody of Securities)). --------------------------------------------------------------------------- \14\ See Exhibit 3a, Outline Pages 3-7. The outline is attached as Exhibit 3a to the 19b-4 form. \15\ See Exhibit 3a, Outline Pages 8-9. \16\ See Exhibit 3a, Outline Page 3. --------------------------------------------------------------------------- FINRA also is proposing to revise the content outline to reflect changes to the laws, rules and regulations covered by the examination. Among other revisions, FINRA is proposing to revise the content outline to reflect the adoption of rules in the consolidated FINRA rulebook (e.g., FINRA Rule 3120 (Supervisory Control System) replaces NASD Rule 3012 (Supervisory Control System)).\17\ --------------------------------------------------------------------------- \17\ See Rule Conversion Chart, available at http://www.finra.org/industry/finra-rule-consolidation. --------------------------------------------------------------------------- FINRA is proposing similar changes to the Series 99 selection specifications and question bank. Finally, FINRA is proposing to make other changes to the format of the content outline, including to the preface, sample questions and reference materials.\18\ Among other changes, FINRA is proposing to: (1) Reduce the preface to one page of introductory information; (2) streamline details regarding the purpose of the examination; (3) move the application procedures to FINRA's website; and (4) explain that the passing score is established using a standard setting procedure, and that a statistical adjustment process known as equating is used in scoring the examination.\19\ --------------------------------------------------------------------------- \18\ FINRA is proposing similar changes to the content outlines for other representative-level examinations. \19\ See Exhibit 3a, Outline Pages 2. --------------------------------------------------------------------------- As a result of the proposed changes, the number of scored questions on the Series 99 examination will be reduced from 100 questions to 50 questions.\20\ Further, the test time, which is the amount of time candidates will have to complete the examination, will be reduced from two hours and 30 minutes to one hour and 30 minutes. Currently, a score of 68 percent is required to pass the examination. FINRA will publish the passing score of the revised Series 99 examination on its website, at www.finra.org, prior to its first administration. --------------------------------------------------------------------------- \20\ Consistent with FINRA's practice of including ``pretest'' questions on examinations, the Series 99 examination includes five additional, unidentified pretest questions that do not contribute towards the candidate's score. The pretest questions are designed to ensure that new examination questions meet acceptable testing standards prior to use for scoring purposes. Therefore, the Series 99 examination actually consists of 55 questions, 50 of which are scored. The five pretest questions are randomly distributed throughout the examination. --------------------------------------------------------------------------- Availability of Content Outline The current Series 99 content outline is available on FINRA's website. The revised Series 99 content outline will replace the current content outline on FINRA's website, and it will be made available on the website on the date of this filing. FINRA is filing the proposed rule change for immediate effectiveness. The implementation date will be October 1, 2018, to coincide with the implementation of the restructured representative- level examination program. FINRA will also announce the implementation date of the proposed rule change in a Regulatory Notice. 2. Statutory Basis FINRA believes that the proposed revisions to the Series 99 examination program are consistent with the provisions of Section 15A(b)(6) of the Act,\21\ which requires, among other things, that FINRA rules must be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest, and Section 15A(g)(3) of the Act,\22\ which authorizes FINRA to prescribe standards of training, experience, and competence for persons associated with FINRA members. The proposed rule change will improve the examination program, without compromising the qualification standards, by removing the general [[Page 8538]] knowledge content currently covered on the Series 99 examination, since that content will be covered in the co-requisite SIE examination. In addition, the proposed revisions will further the purposes of the Act by updating the examination program to reflect changes to the laws, rules and regulations covered by the examination and to incorporate the functions and associated tasks currently performed by an Operations Professional. --------------------------------------------------------------------------- \21\ 15 U.S.C. 78o-3(b)(6). \22\ 15 U.S.C. 78o-3(g)(3). --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition FINRA does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The updated examination aligns with the functions and associated tasks currently performed by an Operations Professional and tests knowledge of the most current laws, rules, regulations and skills relevant to those functions and associated tasks. As such, the proposed revisions would make the examination more effective. FINRA also provided a detailed economic impact assessment regarding the introduction of the SIE examination and the restructuring of the representative-level examinations as part of the proposed rule change to restructure the FINRA representative-level qualification examination program.\23\ --------------------------------------------------------------------------- \23\ See Securities Exchange Act Release No. 80371 (April 4, 2017), 82 FR 17336 (April 10, 2017) (Notice of Filing of File No. SR-FINRA-2017-007). --------------------------------------------------------------------------- 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 The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act \24\ and paragraph (f)(1) of Rule 19b-4 thereunder.\25\ 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. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. --------------------------------------------------------------------------- \24\ 15 U.S.C. 78s(b)(3)(A). \25\ 17 CFR 240.19b-4(f)(1). --------------------------------------------------------------------------- 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 CommentsUse 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-FINRA-2018-006 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090. All submissions should refer to File Number SR-FINRA-2018-006. 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 FINRA. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-FINRA-2018-006 and should be submitted on or before March 20, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\26\ --------------------------------------------------------------------------- \26\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-03891 Filed 2-26-18; 8:45 am] BILLING CODE 8011-01-P
![8536 Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices
SECURITIES AND EXCHANGE of the content outline. FINRA is not which will become effective on October
COMMISSION proposing any textual changes to the By- 1, 2018,10 restructures the examination
Laws, Schedules to the By-Laws or program into a new format whereby all
[Release No. 34–82752; File No. SR–FINRA–
2018–006]
Rules of FINRA. new representative-level applicants will
The revised Series 99 content outline be required to take a general knowledge
Self-Regulatory Organizations; is attached.6 The revised Series 99 examination (the Securities Industry
Financial Industry Regulatory selection specifications have been Essentials or SIETM) and a tailored,
Authority, Inc.; Notice of Filing and submitted to the Commission under specialized knowledge examination (a
Immediate Effectiveness of a Proposed separate cover with a request for revised representative-level
Rule Change To Revise the Operations confidential treatment pursuant to SEA qualification examination) for their
Professional (Series 99) Examination Rule 24b–2.7 particular registered role.
The text of the proposed rule change The restructured program eliminates
February 21, 2018. is available on FINRA’s website at duplicative testing of general securities
Pursuant to Section 19(b)(1) of the http://www.finra.org, at the principal knowledge on the current
Securities Exchange Act of 1934 office of FINRA and at the representative-level qualification
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Commission’s Public Reference Room. examinations by moving such content
notice is hereby given that on February [sic] into the SIE examination.11 The SIE
9, 2018, Financial Industry Regulatory examination will test fundamental
Authority, Inc. (‘‘FINRA’’) filed with the II. Self-Regulatory Organization’s
securities-related knowledge, including
Securities and Exchange Commission Statement of the Purpose of, and
knowledge of basic products, the
(‘‘SEC’’ or ‘‘Commission’’) the proposed Statutory Basis for, the Proposed Rule
structure and function of the securities
rule change as described in Items I, II, Change
industry, the regulatory agencies and
and III below, which Items have been In its filing with the Commission, their functions and regulated and
prepared by FINRA. FINRA has FINRA included statements concerning prohibited practices, whereas the
designated the proposed rule change as the purpose of and basis for the revised representative-level
‘‘constituting a stated policy, practice, proposed rule change and discussed any qualification examinations will test
or interpretation with respect to the comments it received on the proposed knowledge relevant to day-to-day
meaning, administration, or rule change. The text of these statements activities, responsibilities and job
enforcement of an existing rule’’ under may be examined at the places specified functions of representatives.12
Section 19(b)(3)(A)(i) of the Act 3 and in Item IV below. FINRA has prepared As part of the restructuring process
Rule 19b–4(f)(1) thereunder,4 which summaries, set forth in sections A, B, and in consultation with a committee of
renders the proposal effective upon and C below, of the most significant industry representatives, FINRA
receipt of this filing by the Commission. aspects of such statements. undertook a review of the Operations
The Commission is publishing this Professional (Series 99) examination to
A. Self-Regulatory Organization’s
notice to solicit comments on the remove the general securities knowledge
Statement of the Purpose of, and
proposed rule change from interested currently covered on the examination
Statutory Basis for, the Proposed Rule
persons. and to create a tailored examination to
Change
test knowledge relevant to the day-to-
I. Self-Regulatory Organization’s
1. Purpose day activities, responsibilities and job
Statement of the Terms of Substance of
Section 15A(g)(3) of the Act 8 functions of an Operations Professional.
the Proposed Rule Change
authorizes FINRA to prescribe standards As a result of this review, FINRA also
FINRA is proposing revisions to the is proposing to revise the Series 99
of training, experience, and competence
content outline and selection content outline to reflect changes to the
for persons associated with FINRA
specifications for the Operations laws, rules and regulations covered by
members. In accordance with that
Professional (Series 99) examination as the examination and to incorporate the
provision, FINRA has developed
part of the restructuring of the functions and associated tasks currently
examinations that are designed to
representative-level examination performed by an Operations
establish that persons associated with
program.5 The proposed revisions also Professional. The proposed change will
FINRA members have attained specified
update the material to reflect changes to align the organization of the Series 99
levels of competence and knowledge,
the laws, rules and regulations covered content outline with the organization of
consistent with applicable registration
by the examination and to incorporate the content outlines of the other revised
requirements under FINRA rules.
the functions and associated tasks
FINRA periodically reviews the content
currently performed by an Operations 10 See Regulatory Notice 17–30 (SEC Approves
of the examinations to determine
Professional. In addition, FINRA is Consolidated FINRA Registration Rules,
whether revisions are necessary or Restructured Representative-Level Qualification
proposing to make changes to the format
appropriate in view of changes Examinations and Changes to Continuing Education
pertaining to the subject matter covered Requirements) (October 2017).
1 15 U.S.C. 78s(b)(1). 11 Each of the current representative-level
2 17 CFR 240.19b–4. by the examinations.
examinations covers general securities knowledge,
3 15 U.S.C. 78s(b)(3)(A)(i). The SEC recently approved a with the exception of the Research Analyst (Series
4 17 CFR 240.19b–4(f)(1). proposed rule change to restructure the 86 and 87) examinations.
5 FINRA also is proposing corresponding FINRA representative-level qualification 12 FINRA filed the SIE content outline with the
revisions to the Series 79 question bank. Based on examination program.9 The rule change, SEC for immediate effectiveness. See Securities
daltland on DSKBBV9HB2PROD with NOTICES
instruction from SEC staff, FINRA is submitting this Exchange Act Release No. 82578 (January 24, 2018),
filing for immediate effectiveness pursuant to 6 The Commission notes that the content outline
83 FR 4375 (January 30, 2018) (Notice of Filing and
Section 19(b)(3)(A) of the Act and Rule 19b–4(f)(1) Immediate Effectiveness of File No. SR–FINRA–
thereunder, and is not filing the question bank. See is attached to the filing, not to this Notice. 2018–002). In addition to the proposed rule change
7 17 CFR 240.24b–2.
Letter to Alden S. Adkins, Senior Vice President relating to the revised Series 79 examination,
8 15 U.S.C. 78o–3(g)(3).
and General Counsel, NASD Regulation, from FINRA will file with the Commission for immediate
Belinda Blaine, Associate Director, Division of 9 See Securities Exchange Act Release No. 81098 effectiveness the content outlines for the other
Market Regulation, SEC, dated July 24, 2000. The (July 7, 2017), 82 FR 32419 (July 13, 2017) (Order revised representative-level qualification
question bank is available for SEC review. Approving File No. SR–FINRA–2017–007). examinations.
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![8538 Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices
knowledge content currently covered on to determine whether the proposed rule For the Commission, by the Division of
the Series 99 examination, since that should be approved or disapproved. Trading and Markets, pursuant to delegated
content will be covered in the co- authority.26
requisite SIE examination. In addition, IV. Solicitation of Comments Eduardo A. Aleman,
the proposed revisions will further the Assistant Secretary.
Interested persons are invited to
purposes of the Act by updating the submit written data, views and [FR Doc. 2018–03891 Filed 2–26–18; 8:45 am]
examination program to reflect changes arguments concerning the foregoing, BILLING CODE 8011–01–P
to the laws, rules and regulations including whether the proposed rule
covered by the examination and to change is consistent with the Act.
incorporate the functions and associated SECURITIES AND EXCHANGE
Comments may be submitted by any of
tasks currently performed by an COMMISSION
the following methods:
Operations Professional.
B. Self-Regulatory Organization’s Electronic Comments [Release No. 34–82756; File No. SR–
PEARL–2018–02]
Statement on Burden on Competition • Use the Commission’s internet
FINRA does not believe that the comment form (http://www.sec.gov/ Self-Regulatory Organizations; MIAX
proposed rule change will result in any rules/sro.shtml); or PEARL, LLC; Notice of Filing of a
burden on competition that is not • Send an email to rule-comments@ Proposed Rule Change To Adopt Rules
necessary or appropriate in furtherance sec.gov. Please include File Number SR– Relating to Trading in Index Options
of the purposes of the Act. The updated FINRA–2018–006 on the subject line. February 21, 2018.
examination aligns with the functions Pursuant to the provisions of Section
and associated tasks currently Paper Comments
19(b)(1) of the Securities Exchange Act
performed by an Operations • Send paper comments in triplicate of 1934 (‘‘Act’’) 1 and Rule 19b–4
Professional and tests knowledge of the to Secretary, Securities and Exchange thereunder,2 notice is hereby given that
most current laws, rules, regulations Commission, 100 F Street NE, on February 8, 2018, MIAX PEARL, LLC
and skills relevant to those functions Washington, DC 20549–1090. (‘‘MIAX PEARL’’ or ‘‘Exchange’’) filed
and associated tasks. As such, the with the Securities and Exchange
proposed revisions would make the All submissions should refer to File Commission (‘‘Commission’’) a
examination more effective. FINRA also Number SR–FINRA–2018–006. This file proposed rule change as described in
provided a detailed economic impact number should be included on the Items I, II, and III below, which Items
assessment regarding the introduction of subject line if email is used. To help the have been prepared by the Exchange.
the SIE examination and the Commission process and review your The Commission is publishing this
restructuring of the representative-level comments more efficiently, please use notice to solicit comments on the
examinations as part of the proposed only one method. The Commission will proposed rule change from interested
rule change to restructure the FINRA post all comments on the Commission’s persons.
representative-level qualification internet website (http://www.sec.gov/
examination program.23 rules/sro.shtml). Copies of the I. Self-Regulatory Organization’s
submission, all subsequent Statement of the Terms of Substance of
C. Self-Regulatory Organization’s the Proposed Rule Change
Statement on Comments on the amendments, all written statements
Proposed Rule Change Received From with respect to the proposed rule The Exchange proposes to adopt rules
Members, Participants, or Others change that are filed with the relating to trading in index options.
Commission, and all written The text of the proposed rule change
Written comments were neither communications relating to the is available on the Exchange’s website at
solicited nor received. proposed rule change between the http://www.miaxoptions.com/rule-
Commission and any person, other than filings/pearl at MIAX PEARL’s principal
III. Date of Effectiveness of the office, and at the Commission’s Public
Proposed Rule Change and Timing for those that may be withheld from the
public in accordance with the Reference Room.
Commission Action
provisions of 5 U.S.C. 552, will be II. Self-Regulatory Organization’s
The foregoing rule change has become available for website viewing and Statement of the Purpose of, and
effective pursuant to Section 19(b)(3)(A) printing in the Commission’s Public Statutory Basis for, the Proposed Rule
of the Act 24 and paragraph (f)(1) of Rule Reference Room, 100 F Street NE, Change
19b–4 thereunder.25 At any time within Washington, DC 20549, on official
60 days of the filing of the proposed rule business days between the hours of In its filing with the Commission, the
change, the Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of the Exchange included statements
temporarily suspend such rule change if filing also will be available for concerning the purpose of and basis for
it appears to the Commission that such the proposed rule change and discussed
inspection and copying at the principal
action is necessary or appropriate in the any comments it received on the
office of FINRA. All comments received
public interest, for the protection of proposed rule change. The text of these
will be posted without change. Persons
investors, or otherwise in furtherance of statements may be examined at the
submitting comments are cautioned that
the purposes of the Act. If the places specified in Item IV below. The
we do not redact or edit personal
Exchange has prepared summaries, set
daltland on DSKBBV9HB2PROD with NOTICES
Commission takes such action, the identifying information from comment
Commission shall institute proceedings forth in sections A, B, and C below, of
submissions. You should submit only the most significant aspects of such
information that you wish to make statements.
23 See Securities Exchange Act Release No. 80371
available publicly. All submissions
(April 4, 2017), 82 FR 17336 (April 10, 2017)
(Notice of Filing of File No. SR–FINRA–2017–007).
should refer to File Number SR–FINRA– 26 17 CFR 200.30–3(a)(12).
24 15 U.S.C. 78s(b)(3)(A). 2018–006 and should be submitted on 1 15 U.S.C. 78s(b)(1).
25 17 CFR 240.19b–4(f)(1). or before March 20, 2018. 2 17 CFR 240.19b–4.
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Document Created: 2018-02-27 01:14:58
Document Modified: 2018-02-27 01:14:58
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