Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Subsection (a)(7) of Rule 7003, Registration and Processing Fees, 4691-4693 [2016-01530]
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Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices
competition. The NYSE Arca Order
Imbalances product will foster
competition by providing an alternative
to similar products offered by other
exchanges, including order imbalances
products offered by the Exchange’s
affiliates, NYSE and NYSE MKT,14 and
by NASDAQ.15 This proposed new data
feed provides investors with new
options for receiving market data, which
was a primary goal of the market data
amendments adopted by Regulation
NMS.16
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
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 for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to section
19(b)(3)(A) of the Act 17 and Rule 19b4(f)(6) thereunder.18
A proposed rule change filed
pursuant to Rule 19b-4(f)(6) under the
Act 19 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b-4(f)(6)(iii) 20
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 immediately upon
filing. The Exchange stated that it
anticipates migrating symbols to Pillar
beginning February 1, 2016, and that
waiver of the operative delay would
permit market data that would be
available in existing products for
symbols that have migrated to Pillar to
14 See
note 10, supra.
note 11, supra.
16 See Regulation NMS Adopting Release, supra,
at 37503.
17 15 U.S.C. 78s(b)(3)(A).
18 17 CFR 240.19b–4(f)(6). As required under Rule
19b-4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission.
19 17 CFR 240.19b–4(f)(6).
20 17 CFR 240.19b–4(f)(6)(iii).
asabaliauskas on DSK5VPTVN1PROD with NOTICES
15 See
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4691
also be available in a stand-alone
product, which would offer an
alternative to currently available
proprietary data products. The
Commission believes the waiver of the
operative delay is consistent with the
protection of investors and the public
interest. Therefore, the Commission
hereby waives the operative delay and
designates the proposal operative upon
filing.21
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
change should be approved or
disapproved.
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
10:00 a.m. and 3:00 p.m. Copies of such
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–2016–10, and should be
submitted on or before February 17,
2016.
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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.22
Brent J. Fields,
Secretary.
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–2016–10 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–NYSEArca–2016–10. 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
21 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
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[FR Doc. 2016–01667 Filed 1–26–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–76946; File No. SR–
NASDAQ–2016–006]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend
Subsection (a)(7) of Rule 7003,
Registration and Processing Fees
January 21, 2016.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 2 thereunder,
notice is hereby given that, on January
13, 2016, The NASDAQ Stock Market
LLC (‘‘NASDAQ’’ or ‘‘Exchange’’) 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 the Exchange.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
22 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
subsection (a)(7) of Rule 7003,
Registration and Processing Fees.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://nasdaq.cchwallstreet.com, at
the principal office of the Exchange, 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 Exchange proposes to make
changes to the continuing education
fees section of Rule 7003 to provide that
the continuing education session fee
will be $55 if the session is conducted
via Web delivery. The continuing
education session fee will remain $100
if the session is conducted at a testing
center. The Exchange is also eliminating
the $60 session fee for the S501
continuing education Regulatory
Element, which FINRA eliminated as of
January 4, 2016.3
On August 8, 2015, the Commission
approved SR–FINRA–2015–015
amending FINRA Rule 1250 to provide
a Web-based delivery method for
completing the Regulatory Element of
the continuing education requirements.4
asabaliauskas on DSK5VPTVN1PROD with NOTICES
3 Currently,
Rule 7003(a) provides that certain
fees will be collected and retained by FINRA via the
Web CRD registration system for the registration of
associated persons of Nasdaq members that are not
also FINRA members. Under Rule 7003(a)(7),
FINRA collects and retains a $100 session fee for
each individual who is required to complete the
Regulatory Element of the Continuing Education
Requirements pursuant to Nasdaq Rule 1120 (S101
and S201) and a $60 session fee for each individual
who is required to complete the Proprietary Trader
Regulatory Element (S501).
4 See Securities Exchange Act Release No. 75581
(July 31, 2015), 80 FR 47018 (August 6, 2015)
(Order Approving a Proposed Rule Change to
Provide a Web-based Delivery Method for
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Jkt 238001
Pursuant to the rule change, effective
October 1, 2015, the Regulatory Element
of the Continuing Education Programs
for the S201 for Registered Principals
and Supervisors is now administered
through Web-based delivery or such
other technological manner and format
as specified by FINRA. FINRA launched
Web-based delivery of the S101
Regulatory Element program on January
4, 2016.5
Pursuant to the approval order for
SR–FINRA–2015–015, the fee for testcenter delivery of the Regulatory
Elements of the S101 and S201
Continuing Education programs will
continue to be $100 per session through
no later than six months after January 4,
2016 when the programs will no longer
be offered at testing centers. However,
under the SR–FINRA–2015–015
approval order the fee for Web-based
delivery of the Regulatory Elements of
the S101 and the S201 Continuing
Education programs is now $55.
The Exchange currently utilizes
FINRA’s Continuing Education
programs for its own continuing
education requirements which include
the S101 and S201 programs. Consistent
with SR–FINRA–2015–015, the
Exchange recently filed a separate
proposed rule change relating to
continuing education.6 In that filing, the
Exchange proposed to follow the
changes set forth in SR–FINRA–2015–
015 with respect to Web-based delivery
of the Regulatory Element of the
Continuing Education programs for the
S101 and the S201. Consistent with SR–
FINRA–2015–015 this proposed rule
change would amend Rule 7003 to
provide that the following fees will be
collected and retained by FINRA for the
registration of associated persons of
Nasdaq members that are not also
FINRA members: A $100 session fee
($55 if the Continuing Education is
Web-based) for each individual who is
required to complete the Regulatory
Element of the Continuing Education
Requirements pursuant to Nasdaq Rule
1120 (S101 and S201). The proposal
will eliminate the $60 session fee for
Completing the Regulatory Element of the
Continuing Education Requirements) (SR–FINRA–
2015–015).
5 The Regulatory Element of the S101 and S201
Continuing Education Programs will continue to be
offered at testing centers until no later than six
months after January 4, 2016. Test-center delivery
of the Regulatory Element will be phased out by no
later than six months after January 4, 2016. See
Securities Exchange Act Release No. 75581 (July 31,
2015), 80 FR 47018 (August 6, 2015) (Order
Approving a Proposed Rule Change To Provide a
Web-Based Delivery Method for Completing the
Regulatory Element of the Continuing Education)
(SR–FINRA–2015–015).
6 See SR–NASDAQ–2015–167 filed December 30,
2015.
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Fmt 4703
Sfmt 4703
each individual who is required to
complete the Proprietary Trader
Regulatory Element (S501).7
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the Act
and the rules and regulations
thereunder applicable to the Exchange
and, in particular, the requirements of
Section 6(b) of the Act.8 Specifically,
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 9 requirements that the rules of
an exchange be designed to prevent
fraudulent and manipulative acts and
practices, to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in regulating, clearing, settling,
processing information with respect to,
and facilitating transactions in
securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system, and, in general, to protect
investors and the public interest.
Additionally, the Exchange believes the
proposed rule change is consistent with
the Section 6(b)(5) 10 requirement that
the rules of an exchange not be designed
to permit unfair discrimination between
customers, issuers, brokers, or dealers.
Web-based delivery will remove time
parameters that exist with respect to
taking continuing education at testing
centers. Having additional time to take
continuing education may result in
better learning outcomes, which should
enhance investor protection. In
addition, the option to have Web-based
delivery of the Regulatory Element of
the Continuing Education program at a
reduced cost removes impediments to a
free and open market and national
market system by making it easier and
less costly for registrants to participate
in the market. Accordingly, the
Exchange believes that Web-based
delivery of the Regulatory Element of
the Continuing Education Program and
reducing the costs of continuing
education in general are goals that are
consistent with the Act.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
7 As noted above, the S501 Proprietary Trader
Regulatory Element was discontinued by FINRA as
of January 4, 2016. The Exchange anticipates filing
a subsequent rule change to eliminate the reference
to the $100 session fee when the test center option
is eliminated for the S101 and S201 Regulatory
Elements.
8 15 U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(5).
10 Id.
E:\FR\FM\27JAN1.SGM
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Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act. As FINRA
has stated, the proposed rule change is
specifically intended to reduce the
burdens of continuing education on
market participants while preserving the
integrity of the Continuing Education
program.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or 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)(ii) of the Act.11
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: (i) Necessary or appropriate in
the public interest; (ii) for the protection
of investors; or (iii) 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.
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:
asabaliauskas on DSK5VPTVN1PROD with NOTICES
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–
NASDAQ–2016–006 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–NASDAQ–2016–006. 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 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
10:00 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;
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–
NASDAQ–2016–006 and should be
submitted on or before February 17,
2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Brent J. Fields,
Secretary.
[FR Doc. 2016–01530 Filed 1–26–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–76947; File No. SR–BX–
2016–004]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend
Subsection (a)(7) of Rule 7003,
Registration and Processing Fees
January 21, 2016.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 2 thereunder,
notice is hereby given that, on January
13, 2016, NASDAQ OMX BX, Inc. (‘‘BX’’
or ‘‘Exchange’’) 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 the Exchange. The
12 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
11 15
U.S.C. 78s(b)(3)(A)(ii).
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19:41 Jan 26, 2016
Jkt 238001
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4693
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 Substance of
the Proposed Rule Change
The Exchange proposes to amend
subsection (a)(7) of Rule 7003,
Registration and Processing Fees, as
described further below.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://
nasdaqomxbx.cchwallstreet.com/, at the
principal office of the Exchange, 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 Exchange proposes to make
changes to the continuing education
fees section of Rule 7003 to provide that
the continuing education session fee
will be $55 if the session is conducted
via Web delivery. The continuing
education session fee will remain $100
if the session is conducted at a testing
center. The Exchange is deleting the $60
session fee for the S501 Regulatory
Element, which FINRA discontinued as
of January 4, 2016.3
On August 8, 2015, the Commission
approved SR–FINRA–2015–015 relating
proposed changes to FINRA Rule 1250
to provide a Web-based delivery method
for completing the Regulatory Element
3 Currently, Rule 7003(a) provides that certain
fees will be collected and retained by FINRA via the
Web CRD registration system for the registration of
associated persons of Exchange members that are
not also FINRA members. Under Rule 7003(a)(7),
FINRA collects and retains a $100 session fee for
each individual who is required to complete the
Regulatory Element of the Continuing Education
Requirements pursuant to Exchange Rule 1120
(S101 and S201) and a $60 session fee for each
individual who is required to complete the
Proprietary Trader Regulatory Element (S501).
E:\FR\FM\27JAN1.SGM
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Agencies
[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Notices]
[Pages 4691-4693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01530]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-76946; File No. SR-NASDAQ-2016-006]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Subsection (a)(7) of Rule 7003, Registration and Processing Fees
January 21, 2016.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that, on January 13, 2016, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') 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 the
Exchange. 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.
---------------------------------------------------------------------------
[[Page 4692]]
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend subsection (a)(7) of Rule 7003,
Registration and Processing Fees.
The text of the proposed rule change is available on the Exchange's
Web site at https://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, 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 Exchange proposes to make changes to the continuing education
fees section of Rule 7003 to provide that the continuing education
session fee will be $55 if the session is conducted via Web delivery.
The continuing education session fee will remain $100 if the session is
conducted at a testing center. The Exchange is also eliminating the $60
session fee for the S501 continuing education Regulatory Element, which
FINRA eliminated as of January 4, 2016.\3\
---------------------------------------------------------------------------
\3\ Currently, Rule 7003(a) provides that certain fees will be
collected and retained by FINRA via the Web CRD registration system
for the registration of associated persons of Nasdaq members that
are not also FINRA members. Under Rule 7003(a)(7), FINRA collects
and retains a $100 session fee for each individual who is required
to complete the Regulatory Element of the Continuing Education
Requirements pursuant to Nasdaq Rule 1120 (S101 and S201) and a $60
session fee for each individual who is required to complete the
Proprietary Trader Regulatory Element (S501).
---------------------------------------------------------------------------
On August 8, 2015, the Commission approved SR-FINRA-2015-015
amending FINRA Rule 1250 to provide a Web-based delivery method for
completing the Regulatory Element of the continuing education
requirements.\4\ Pursuant to the rule change, effective October 1,
2015, the Regulatory Element of the Continuing Education Programs for
the S201 for Registered Principals and Supervisors is now administered
through Web-based delivery or such other technological manner and
format as specified by FINRA. FINRA launched Web-based delivery of the
S101 Regulatory Element program on January 4, 2016.\5\
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release No. 75581 (July 31,
2015), 80 FR 47018 (August 6, 2015) (Order Approving a Proposed Rule
Change to Provide a Web-based Delivery Method for Completing the
Regulatory Element of the Continuing Education Requirements) (SR-
FINRA-2015-015).
\5\ The Regulatory Element of the S101 and S201 Continuing
Education Programs will continue to be offered at testing centers
until no later than six months after January 4, 2016. Test-center
delivery of the Regulatory Element will be phased out by no later
than six months after January 4, 2016. See Securities Exchange Act
Release No. 75581 (July 31, 2015), 80 FR 47018 (August 6, 2015)
(Order Approving a Proposed Rule Change To Provide a Web-Based
Delivery Method for Completing the Regulatory Element of the
Continuing Education) (SR-FINRA-2015-015).
---------------------------------------------------------------------------
Pursuant to the approval order for SR-FINRA-2015-015, the fee for
test-center delivery of the Regulatory Elements of the S101 and S201
Continuing Education programs will continue to be $100 per session
through no later than six months after January 4, 2016 when the
programs will no longer be offered at testing centers. However, under
the SR-FINRA-2015-015 approval order the fee for Web-based delivery of
the Regulatory Elements of the S101 and the S201 Continuing Education
programs is now $55.
The Exchange currently utilizes FINRA's Continuing Education
programs for its own continuing education requirements which include
the S101 and S201 programs. Consistent with SR-FINRA-2015-015, the
Exchange recently filed a separate proposed rule change relating to
continuing education.\6\ In that filing, the Exchange proposed to
follow the changes set forth in SR-FINRA-2015-015 with respect to Web-
based delivery of the Regulatory Element of the Continuing Education
programs for the S101 and the S201. Consistent with SR-FINRA-2015-015
this proposed rule change would amend Rule 7003 to provide that the
following fees will be collected and retained by FINRA for the
registration of associated persons of Nasdaq members that are not also
FINRA members: A $100 session fee ($55 if the Continuing Education is
Web-based) for each individual who is required to complete the
Regulatory Element of the Continuing Education Requirements pursuant to
Nasdaq Rule 1120 (S101 and S201). The proposal will eliminate the $60
session fee for each individual who is required to complete the
Proprietary Trader Regulatory Element (S501).\7\
---------------------------------------------------------------------------
\6\ See SR-NASDAQ-2015-167 filed December 30, 2015.
\7\ As noted above, the S501 Proprietary Trader Regulatory
Element was discontinued by FINRA as of January 4, 2016. The
Exchange anticipates filing a subsequent rule change to eliminate
the reference to the $100 session fee when the test center option is
eliminated for the S101 and S201 Regulatory Elements.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\8\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \9\ requirements that the rules of
an exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \10\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
\10\ Id.
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Web-based delivery will remove time parameters that exist with
respect to taking continuing education at testing centers. Having
additional time to take continuing education may result in better
learning outcomes, which should enhance investor protection. In
addition, the option to have Web-based delivery of the Regulatory
Element of the Continuing Education program at a reduced cost removes
impediments to a free and open market and national market system by
making it easier and less costly for registrants to participate in the
market. Accordingly, the Exchange believes that Web-based delivery of
the Regulatory Element of the Continuing Education Program and reducing
the costs of continuing education in general are goals that are
consistent with the Act.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose
[[Page 4693]]
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act. As FINRA has stated, the proposed rule
change is specifically intended to reduce the burdens of continuing
education on market participants while preserving the integrity of the
Continuing Education program.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or 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)(ii) of the Act.\11\
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\11\ 15 U.S.C. 78s(b)(3)(A)(ii).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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.
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-NASDAQ-2016-006 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-NASDAQ-2016-006. 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 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
10:00 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; 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-NASDAQ-2016-006 and should
be submitted on or before February 17, 2016.
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\12\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Brent J. Fields,
Secretary.
[FR Doc. 2016-01530 Filed 1-26-16; 8:45 am]
BILLING CODE 8011-01-P