

[Federal Register: January 8, 2008 (Volume 73, Number 5)]
[Notices]               
[Page 1384-1385]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja08-94]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57076; File No. SR-FINRA-2007-029]

 
Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of 
Proposed Rule Change Relating to Revisions to the Series 42 Examination 
Program

December 31, 2007.
    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 December 12, 2007, Financial Industry Regulatory Authority, Inc. 
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc. 
(``NASD'')) 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 substantially by FINRA. 
FINRA has designated this proposal as constituting a stated policy, 
practice, or interpretation with respect to the meaning, 
administration, or enforcement of an existing rule of the self-
regulatory organization pursuant to Section 19(b)(3)(A)(i) of the Act 
\3\ and Rule 19b-4(f)(1) thereunder,\4\ which renders the proposal 
effective upon filing with the Commission. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(i).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    FINRA is filing revisions to the study outline and selection 
specifications for the Limited Representative--Options (Series 42) 
examination program.\5\ The proposed revisions update the material to 
reflect changes to the laws, rules and regulations covered by the 
examination and to better reflect the duties and responsibilities of 
individuals taking the examination. FINRA is not proposing any textual 
changes to the By-Laws, Schedules to the By-Laws, or Rules of FINRA.
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    \5\ FINRA also is proposing corresponding revisions to the 
Series 42 question bank, but based upon instruction from the 
Commission staff, FINRA is submitting SR-FINRA-2007-029 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 
for Commission review. 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, attached as Exhibit 3c to the proposed rule change. The 
question bank is available for Commission review.
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    The text of the proposed rule change is available at http://www.finra.org
, the principal offices of FINRA, and the Commission's 

Public Reference Room. The Series 42 selection specifications have been 
submitted to the Commission under separate cover with a request for 
confidential treatment pursuant to Rule 24b-2 under the Act.\6\
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    \6\ 17 CFR 240.24b-2.
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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 \7\ requires FINRA to prescribe 
standards of training, experience, and competence for persons 
associated with FINRA members. In accordance with that provision, FINRA 
has developed examinations, and administers examinations developed by 
other self-regulatory organizations, that are designed to establish 
that persons associated with FINRA members have attained specified 
levels of competence and knowledge. 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.
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    \7\ 15 U.S.C. 78o-3(g)(3).
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    Pursuant to NASD Rule 1032(d), each associated person of a member 
who is included within the definition of representative in NASD Rule 
1031(b) may register with FINRA as a Limited Representative--Options 
and Security Futures if: (1) The individual's activities in the 
investment banking and securities business of the member are limited 
solely to the solicitation or sale of option or security futures 
contracts, including option contracts on government securities as that 
term is defined in Section 3(a)(42)(D) of the Act, for the account of a 
broker-dealer or public customer; (2) the individual also registers as 
either a Limited Representative--Corporate Securities (Series 62) or 
Limited Representative--Government Securities (Series 72); (3) the 
individual passes the Series 42 qualification examination; and (4) the 
individual completes a firm element continuing education program that 
addresses security futures before engaging in any security futures 
business.
    A committee of industry representatives, together with FINRA staff, 
recently undertook a review of the Series 42 examination program. As a 
result of this review, FINRA is proposing to make revisions to the 
study outline to reflect changes to the laws, rules and regulations 
covered by the examination and to better reflect the duties and 
responsibilities of a Limited Representative--Options.
    Among other revisions, FINRA is proposing to add sections on NASD 
IM-2110-7 (Interfering With the Transfer of Customer Accounts in the 
Context of Employment Disputes) and NASD Rules 2370 (Borrowing From or 
Lending to Customers) and 2790 (Restrictions on the Purchase and Sale 
of Initial Equity Public Offerings).
    As a result of the revisions discussed above, FINRA is proposing to 
decrease the number of sections covered by the Series 42 outline from 
five to four. Further, FINRA is proposing to modify the section 
headings and the number of questions on each section of the outline as 
follows: Section 1, Terminology, Types of Options, Investment 
Strategies and Taxation, 20 questions; Section 2, Handling Options 
Accounts, 14 questions; Section 3, Trading and Settlement Practices, 10 
questions; and Section 4, Qualifications and Business Conduct of 
Registered Options Representatives, Reporting and Recordkeeping 
Requirements, 6 questions.
    FINRA is proposing similar changes to the Series 42 selection 
specifications and question bank. The number of questions on the Series 
42 examination

[[Page 1385]]

will remain at 50, and candidates will continue to have 1\1/2\ hours to 
complete the exam. Also, each question will continue to count one 
point, and each candidate must correctly answer 70 percent of the 
questions to receive a passing grade.
2. Statutory Basis
    FINRA believes that the proposed revisions to the Series 42 
examination program are consistent with the provisions of Sections 
15A(b)(6) \8\ and 15A(g)(3) of the Act,\9\ which authorize FINRA to 
prescribe standards of training, experience, and competence for persons 
associated with FINRA members.
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    \8\ 15 U.S.C. 78o-3(b)(6).
    \9\ 15 U.S.C. 78o-3(g)(3).
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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.

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 proposed rule change has become effective pursuant to Section 
19(b)(3)(A)(i) of the Act \10\ and Rule 19b-4(f)(1) thereunder,\11\ in 
that the proposed rule change constitutes a stated policy, practice, or 
interpretation with respect to the meaning, administration, or 
enforcement of an existing rule of the self-regulatory organization. 
FINRA proposes to implement the revised Series 42 examination program 
on February 12, 2008. FINRA will announce the implementation date in a 
Regulatory Notice to be published on December 12, 2007, the date FINRA 
filed SR-FINRA-2007-29 with the Commission.
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    \10\ 15 U.S.C. 78s(b)(3)(A)(i).
    \11\ 17 CFR 240.19b-4(f)(1).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission may summarily abrogate such rule change if it 
appears to the Commission that such action is necessary or appropriate 
in the public interest, for the protection of investors, or otherwise 
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to rule-comments@sec.gov. Please include 

File Number SR-FINRA-2007-029 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris, 
Secretary, Securities and Exchange Commission, Station Place, 100 F 
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2007-029. This 
file number should be included on the subject line if e-mail 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 (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 inspection 
and copying 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 such filing also will be available for 
inspection and copying at the principal office of FINRA. 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 publicly available. All 
submissions should refer to File Number SR-FINRA-2007-029 and should be 
submitted on or before January 29, 2008.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-89 Filed 1-7-08; 8:45 am]

BILLING CODE 8011-01-P
