Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Filing the Content Outline and Selection Specifications for the Proprietary Traders Qualification Examination (“Series 56”) Program, 13168-13170 [2012-5276]
Download as PDF
13168
Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–CBOE–2012–016. 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 Web site (https://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 Web site 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
a.m. and 3 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; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–CBOE–
2012–016 and should be submitted on
or before March 26, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–5277 Filed 3–2–12; 8:45 am]
erowe on DSK2VPTVN1PROD with NOTICES
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–66483; File No. SR–
NYSEARCA–2012–016]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Filing the Content Outline
and Selection Specifications for the
Proprietary Traders Qualification
Examination (‘‘Series 56’’) Program
February 28, 2012.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on February
17, 2012, NYSE Arca, Inc. (the
‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to file the
content outline and selection
specifications for the Proprietary
Traders Qualification Examination
(‘‘Series 56’’) program. The text of the
proposed rule change is available at the
Exchange, the Commission’s Public
Reference Room, and www.nyse.com.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
12 17
CFR 200.30–3(a)(12).
VerDate Mar<15>2010
15:06 Mar 02, 2012
Jkt 226001
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Recently, the Exchange filed a
proposed rule change to recognize a
new category of limited representative
registration for proprietary traders.4
Specifically, the Exchange will
recognize the new registration category,
‘‘Proprietary Trader,’’ and the new
examination, the Series 56. The new
Proprietary Trader category will be
limited to persons engaged solely in
proprietary trading.
The Exchange has been working with
the Financial Industry Regulatory
Authority (‘‘FINRA’’) and certain other
exchanges, many of which have recently
enhanced their registration
requirements to require the registration
of associated persons,5 to develop the
content outline and qualification
examination that would be applicable to
proprietary traders. The Series 56
examination program is shared by the
Exchange and the following selfregulatory organizations (‘‘SROs’’):
Boston Options Exchange; C2 Options
Exchange, Incorporated; Chicago Board
Options Exchange, Incorporated;
Chicago Stock Exchange, Incorporated;
International Securities Exchange, LLC;
The NASDAQ Stock Market, NASDAQ
OMX BX, Inc.; NASDAQ OMX PHLX
LLC; National Stock Exchange,
Incorporated; New York Stock Exchange
LLC; and NYSE Amex LLC. Upon
request by the SROs referenced above,
FINRA staff convened a committee of
industry representatives, Exchange staff
and staff from the other SROs referenced
above to develop the criteria for the
Series 56 examination program. Certain
exchanges have submitted filings to the
Commission to utilize the Series 56.6
The Series 56 examination tests a
candidate’s knowledge of proprietary
trading generally and the industry rules
applicable to trading of equity securities
and listed options contracts. The Series
56 examination covers, among other
things, recordkeeping and recording
requirements; types and characteristics
of securities and investments; trading
practices; and display. execution, and
trading systems. While the examination
4 See SR–NYSEArca–2012–15 (filed February 9,
2012).
5 See e.g., Securities Exchange Act Release Nos.
63843 (February 4, 2011), 76 FR 7884 (February 11,
2011) (SR–ISE–2010–115); and 63314 (November
12, 2010), 75 FR 70957 (November 19, 2010) (SR–
CBOE–2010–084).
6 See e.g., Securities Exchange Act Release No.
64699 (June 17, 2011), 76 FR 36945 (June 23, 2011)
(SR–CBOE–2011–056).
E:\FR\FM\05MRN1.SGM
05MRN1
Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices
is primarily dedicated to topics related
to proprietary trading, the Series 56
examination also covers a few general
concepts relating to customers.7
The qualification examination
consists of 100 multiple choice
questions. Candidates will have 150
minutes to complete the exam. The
content outline describes the following
topical sections comprising the
examination: Personnel, Business
Conduct, and Recordkeeping and
Reporting Requirements, nine questions;
Markets, Market Participants,
Exchanges, and SROs, eight questions;
Types and Characteristics of Securities
and Investments, 20 questions; Trading
Practices and Prohibited Acts, 50
questions; and Display, Execution, and
Trading Systems, 13 questions.
Representatives from the applicable
SROs intend to meet on a periodic basis
to evaluate and, as necessary, update the
Series 56 examination program.
The Exchange understands that the
other applicable SROs will also file with
the Commission similar filings
regarding the Series 56 examination
program. The Exchange proposes to
implement the Series 56 examination
program upon availability in Web CRD
and notification to its membership.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Securities Exchange Act of 1934
(the ‘‘Act’’) 8 in general, and furthers the
objectives of Section 6(c)(3)(B) of the
Act,9 pursuant to which a national
securities exchange prescribes standards
of training, experience and competence
for members and their associated
persons, in particular, by offering a new
qualification examination for
proprietary traders. This filing provides
the content outline and relevant
specifications for the Series 56
examination program, which the
Exchange believes establishes the
appropriate qualifications for this new
registration category because it tests the
knowledge generally applicable to
proprietary trading.
erowe on DSK2VPTVN1PROD with NOTICES
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
7 Proprietary
trading firms do not have customers.
U.S.C. 78f(b).
9 15 U.S.C. 78f(c)(3)(B).
8 15
VerDate Mar<15>2010
15:06 Mar 02, 2012
Jkt 226001
13169
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
investors, or otherwise in furtherance of
the purposes of the Act.
No written comments were solicited
or received with respect to the proposed
rule change.
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:
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 10 and Rule
19b–4(f)(6) thereunder.11 Because the
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
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)(iii)
thereunder.
A proposed rule change filed under
Rule 19b–4(f)(6)12 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b4(f)(6)(iii),13 the Commission
may 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
immediately upon filing.
The Commission believes that it is
consistent with the protection of
investors and the public interest to
waive the 30-day operative delay.
Waiver of the 30-day operative delay
will allow persons engaged solely in
proprietary trading to use the
Proprietary Traders Qualification
Examination (‘‘Series 56’’) as soon as it
is available for NYSEArca in Web CRD.
Therefore, the Commission designates
the proposal operative upon filing.14
At any time within 60 days of the
filing of such 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
10 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
12 17 CFR 240.19b–4(f)(6).
13 17 CFR 240.19b–4(f)(6)(iii).
14 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
11 17
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
IV. Solicitation of Comments
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–NYSEARCA–2012–016 on
the subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street, NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NYSEARCA–2012–016.
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 Web site
(https://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 Web site 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
a.m. and 3 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; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NYSEARCA–2012–016 and should be
submitted on or before March 26, 2012.
E:\FR\FM\05MRN1.SGM
05MRN1
13170
Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–5276 Filed 3–2–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–66482; File No. SR–
NYSEAMEX–2012–013]
Self-Regulatory Organizations; NYSE
Amex LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Filing the Content Outline
and Selection Specifications for the
Proprietary Traders Qualification
Examination (‘‘Series 56’’) Program
February 28, 2012.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on February
14, 2012, NYSE Amex LLC (the
‘‘Exchange’’ or ‘‘NYSE Amex’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the selfregulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to file the
content outline and selection
specifications for the Proprietary
Traders Qualification Examination
(‘‘Series 56’’) program. The text of the
proposed rule change is available at the
Exchange, the Commission’s Public
Reference Room, and www.nyse.com.
erowe on DSK2VPTVN1PROD with NOTICES
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
15 17
CFR 200.30–3(a)(12).
U.S.C.78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
VerDate Mar<15>2010
15:06 Mar 02, 2012
Jkt 226001
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Recently, the Exchange filed a
proposed rule change to recognize a
new category of limited representative
registration for proprietary traders.4
Specifically, the Exchange will
recognize the new registration category,
‘‘Proprietary Trader,’’ and the new
examination, the Series 56. The new
Proprietary Trader category will be
limited to persons engaged solely in
proprietary trading.
The Exchange has been working with
the Financial Industry Regulatory
Authority (‘‘FINRA’’) and certain other
exchanges, many of which have recently
enhanced their registration
requirements to require the registration
of associated persons,5 to develop the
content outline and qualification
examination that would be applicable to
proprietary traders. The Series 56
examination program is shared by the
Exchange and the following selfregulatory organizations (‘‘SROs’’):
Boston Options Exchange; C2 Options
Exchange, Incorporated; Chicago Board
Options Exchange, Incorporated;
Chicago Stock Exchange, Incorporated;
International Securities Exchange, LLC;
The NASDAQ Stock Market, NASDAQ
OMX BX, Inc.; NASDAQ OMX PHLX
LLC; National Stock Exchange,
Incorporated; New York Stock Exchange
LLC; and NYSE Arca, Inc. Upon request
by the SROs referenced above, FINRA
staff convened committee of industry
representatives, Exchange staff and staff
from the other SROs referenced above to
develop the criteria for the Series 56
examination program. Certain
exchanges have submitted filings to the
Commission to utilize the Series 56.6
The Series 56 examination tests a
candidate’s knowledge of proprietary
trading generally and the industry rules
applicable to trading of equity securities
and listed options contracts. The Series
56 examination covers, among other
things, recordkeeping and recording
requirements; types and characteristics
4 See SR–NYSEAmex–2012–11 (filed February 9,
2012).
5 See e.g., Securities Exchange Act Release Nos.
63843 (February 4, 2011), 76 FR 7884 (February 11,
2011) (SR–ISE–2010–115); and 63314 (November
12, 2010), 75 FR 70957 (November 19, 2010) (SR–
CBOE–2010–084).
6 See e.g., Securities Exchange Act Release No.
64699 (June 17, 2011), 76 FR 36945 (June 23, 2011)
(SR–CBOE–2011–056).
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
of securities and investments; trading
practices; and display, execution, and
trading systems. While the examination
is primarily dedicated to topics related
to proprietary trading, the Series 56
examination also covers a few general
concepts relating to customers.7
The qualification examination
consists of 100 multiple choice
questions. Candidates will have 150
minutes to complete the exam. The
content outline describes the following
topical sections comprising the
examination: Personnel, Business
Conduct, and Recordkeeping and
Reporting Requirements, nine questions;
Markets, Market Participants,
Exchanges, and SROs, eight questions;
Types and Characteristics of Securities
and Investments, 20 questions; Trading
Practices and Prohibited Acts, 50
questions; and Display, Execution, and
Trading Systems, 13 questions.
Representatives from the applicable
SROs intend to meet on a periodic basis
to evaluate and, as necessary, update the
Series 56 examination program.
The Exchange understands that the
other applicable SROs will also file with
the Commission similar filings
regarding the Series 56 examination
program. The Exchange proposes to
implement the Series 56 examination
program upon availability in Web CRD
and notification to its membership.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Securities Exchange Act of 1934
(the ‘‘Act’’) 8 in general, and furthers the
objectives of Section 6(c)(3)(B) of the
Act,9 pursuant to which a national
securities exchange prescribes standards
of training, experience and competence
for members and their associated
persons, in particular, by offering a new
qualification examination for
proprietary traders. This filing provides
the content outline and relevant
specifications for the Series 56
examination program, which the
Exchange believes establishes the
appropriate qualifications for this new
registration category because it tests the
knowledge generally applicable to
proprietary trading.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
7 Proprietary
trading firms do not have customers.
U.S.C. 78f(b).
9 15 U.S.C. 78f(c)(3)(B).
8 15
E:\FR\FM\05MRN1.SGM
05MRN1
Agencies
[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Notices]
[Pages 13168-13170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5276]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-66483; File No. SR-NYSEARCA-2012-016]
Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Filing the Content
Outline and Selection Specifications for the Proprietary Traders
Qualification Examination (``Series 56'') Program
February 28, 2012.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on February 17, 2012, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 15 U.S.C. 78a.
\3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
The Exchange proposes to file the content outline and selection
specifications for the Proprietary Traders Qualification Examination
(``Series 56'') program. The text of the proposed rule change is
available at the Exchange, the Commission's Public Reference Room, and
www.nyse.com.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
Recently, the Exchange filed a proposed rule change to recognize a
new category of limited representative registration for proprietary
traders.\4\ Specifically, the Exchange will recognize the new
registration category, ``Proprietary Trader,'' and the new examination,
the Series 56. The new Proprietary Trader category will be limited to
persons engaged solely in proprietary trading.
---------------------------------------------------------------------------
\4\ See SR-NYSEArca-2012-15 (filed February 9, 2012).
---------------------------------------------------------------------------
The Exchange has been working with the Financial Industry
Regulatory Authority (``FINRA'') and certain other exchanges, many of
which have recently enhanced their registration requirements to require
the registration of associated persons,\5\ to develop the content
outline and qualification examination that would be applicable to
proprietary traders. The Series 56 examination program is shared by the
Exchange and the following self-regulatory organizations (``SROs''):
Boston Options Exchange; C2 Options Exchange, Incorporated; Chicago
Board Options Exchange, Incorporated; Chicago Stock Exchange,
Incorporated; International Securities Exchange, LLC; The NASDAQ Stock
Market, NASDAQ OMX BX, Inc.; NASDAQ OMX PHLX LLC; National Stock
Exchange, Incorporated; New York Stock Exchange LLC; and NYSE Amex LLC.
Upon request by the SROs referenced above, FINRA staff convened a
committee of industry representatives, Exchange staff and staff from
the other SROs referenced above to develop the criteria for the Series
56 examination program. Certain exchanges have submitted filings to the
Commission to utilize the Series 56.\6\
---------------------------------------------------------------------------
\5\ See e.g., Securities Exchange Act Release Nos. 63843
(February 4, 2011), 76 FR 7884 (February 11, 2011) (SR-ISE-2010-
115); and 63314 (November 12, 2010), 75 FR 70957 (November 19, 2010)
(SR-CBOE-2010-084).
\6\ See e.g., Securities Exchange Act Release No. 64699 (June
17, 2011), 76 FR 36945 (June 23, 2011) (SR-CBOE-2011-056).
---------------------------------------------------------------------------
The Series 56 examination tests a candidate's knowledge of
proprietary trading generally and the industry rules applicable to
trading of equity securities and listed options contracts. The Series
56 examination covers, among other things, recordkeeping and recording
requirements; types and characteristics of securities and investments;
trading practices; and display. execution, and trading systems. While
the examination
[[Page 13169]]
is primarily dedicated to topics related to proprietary trading, the
Series 56 examination also covers a few general concepts relating to
customers.\7\
---------------------------------------------------------------------------
\7\ Proprietary trading firms do not have customers.
---------------------------------------------------------------------------
The qualification examination consists of 100 multiple choice
questions. Candidates will have 150 minutes to complete the exam. The
content outline describes the following topical sections comprising the
examination: Personnel, Business Conduct, and Recordkeeping and
Reporting Requirements, nine questions; Markets, Market Participants,
Exchanges, and SROs, eight questions; Types and Characteristics of
Securities and Investments, 20 questions; Trading Practices and
Prohibited Acts, 50 questions; and Display, Execution, and Trading
Systems, 13 questions. Representatives from the applicable SROs intend
to meet on a periodic basis to evaluate and, as necessary, update the
Series 56 examination program.
The Exchange understands that the other applicable SROs will also
file with the Commission similar filings regarding the Series 56
examination program. The Exchange proposes to implement the Series 56
examination program upon availability in Web CRD and notification to
its membership.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act'') \8\ in
general, and furthers the objectives of Section 6(c)(3)(B) of the
Act,\9\ pursuant to which a national securities exchange prescribes
standards of training, experience and competence for members and their
associated persons, in particular, by offering a new qualification
examination for proprietary traders. This filing provides the content
outline and relevant specifications for the Series 56 examination
program, which the Exchange believes establishes the appropriate
qualifications for this new registration category because it tests the
knowledge generally applicable to proprietary trading.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(c)(3)(B).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A)(iii).
\11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
A proposed rule change filed under Rule 19b-4(f)(6)\12\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\13\ the Commission
may 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 immediately upon filing.
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\12\ 17 CFR 240.19b-4(f)(6).
\13\ 17 CFR 240.19b-4(f)(6)(iii).
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The Commission believes that it is consistent with the protection
of investors and the public interest to waive the 30-day operative
delay. Waiver of the 30-day operative delay will allow persons engaged
solely in proprietary trading to use the Proprietary Traders
Qualification Examination (``Series 56'') as soon as it is available
for NYSEArca in Web CRD. Therefore, the Commission designates the
proposal operative upon filing.\14\
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\14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of such 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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NYSEARCA-2012-016 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEARCA-2012-016. 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 Web site (https://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 Web site
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 a.m. and 3 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; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEARCA-2012-016 and should be submitted on or before March 26, 2012.
[[Page 13170]]
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Kevin M. O'Neill,
Deputy Secretary.
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\15\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2012-5276 Filed 3-2-12; 8:45 am]
BILLING CODE 8011-01-P