[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 71088-71089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29507]



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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65718; File No. SR-NASDAQ-2011-147]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Relating to Option Fee Disputes

November 9, 2011.
    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 November 1, 2011, 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 NASDAQ. 
The Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The NASDAQ Stock Market LLC proposes to create a new Rule 7056 
entitled ``NASDAQ Options Fee Disputes'' to specify the requirements to 
dispute fees. The Exchange also proposes to rename Rule 7050 entitled 
``NASDAQ Options Market.''
    While fee changes pursuant to this proposal are effective upon 
filing, the Exchange has designated these changes to be operative on 
January 3, 2012.
    The text of the proposed rule change is set forth below. Proposed 
new text is in italics and deleted text is in brackets.
* * * * *
7050. NASDAQ Options Market--Fees

    The following charges shall apply to the use of the order execution 
and routing services of the NASDAQ Options Market for all securities.
* * * * *
7056. NASDAQ Options Fee Disputes

    (a) All fee disputes concerning fees which are billed by the 
Exchange must be submitted to the Exchange in writing and must be 
accompanied by supporting documentation.
    (b) All fee disputes must be submitted no later than sixty (60) 
days after receipt of a billing invoice.
    (c) This Rule applies to the following NASDAQ Options Market fees:
    (1) Rule 7050 ``NASDAQ Options Market--Fees''; and
    (2) Rule 7053 ``NASDAQ Options Market--Access Services,'' with the 
exception of the TradeInfo Fee.
* * * * *
    The text of the proposed rule change is available on the Exchange's 
Web site at http://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. 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The proposes a new Rule 7056 entitled ``NASDAQ Options Fee 
Disputes'' to require all fee disputes to be submitted to the Exchange 
in writing \3\ and accompanied by supporting documentation within sixty 
days of receipt of an invoice. The sixty days would first apply to 
invoices related to transactional billing in January 2012 and would 
apply thereafter.\4\ The Exchange proposes to apply this new Rule 7056 
to the fees in Rule 7050 entitled ``NASDAQ Options Market'' and Rule 
7053 entitled ``NASDAQ Options Market--Access Services'' with the 
exception of the TradeInfo Fee. The Exchange believes that this 
practice will conserve Exchange resources which are expended when 
untimely billing disputes require staff to research applicable fees and 
order information beyond two months after the transaction occurred.
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    \3\ The Exchange invoice specifies the Exchange contact persons 
with whom to dispute the invoice.
    \4\ This proposal would not apply to invoices related to 
December 2011 billing.
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    The Exchange believes that NOM Participants should be aware of any 
billing errors within two months of receiving an invoice. The Exchange 
provides NOM Participants with the ability to sign-up to receive 
certain daily reports.\5\ These reports allow NOM Participants to view 
trade data and fees prior to receiving a billing invoice. In addition, 
NOM Participants have access to a password protected Web site, which 
provides NOM Participants an electronic copy of current and historical 
invoices, as well as the supporting details for assessed charges.\6\ 
NOM Participants have the ability to retrieve trade information from 
this Web site on a T +1 basis. The Exchange is excluding the TradeInfo 
Fee, which is billed separately to NOM Participants and is not included 
in the reports described herein.
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    \5\ These reports include, but are not limited to, daily traded 
against report and daily cancel fee reports.
    \6\ The Web site is MyNASDAQOMX.com. See Options Trader Alert 
2011-60.
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    In addition, the Exchange proposes to amend the title of Exchange 
Rule 7050 from ``NASDAQ Options Market'' to ``NASDAQ Options Market--
Fees.'' The Exchange believes that the proposed title provides a more 
specific description of Rule 7050 and will assist NOM Participants in 
locating these fees within the Rules.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \7\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \8\ in particular, in that it is designed to promote 
just and equitable principles of trade, 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, 
by providing a uniform practice for disputing fees.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes the requirement that all fee disputes, for 
certain specified fees, must be submitted to the Exchange within sixty 
days from receipt of the invoice will provide its members with guidance 
on disputing fees. The Exchange's members are provided with ample tools 
to properly and timely monitor and account for various charges incurred 
in a given month. The proposal equally applies to all NOM Participants 
who have the ability to access the aforementioned reports. Also, the 
Exchange's administrative costs would be lowered as a result of this 
policy.
    The Exchange believes that the proposal to rename Rule 7050 from 
``NASDAQ Options Market'' to ``NASDAQ Options Market--Fees'' will 
assist NOM Participants in locating those fees within the Rules.

[[Page 71089]]

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 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 either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days after the date of the filing, or such 
shorter time as the Commission may designate, it has become effective 
pursuant to 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) \10\ 
thereunder.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file 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. 
The Exchange has satisfied this requirement.
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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 necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NASDAQ-2011-147 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-NASDAQ-2011-147. 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 (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 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-NASDAQ-2011-147 and should 
be submitted on or before December 7, 2011.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-29507 Filed 11-15-11; 8:45 am]
BILLING CODE 8011-01-P