[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Notices]
[Pages 70726-70728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24696]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79059; File No. SR-ISEMercury-2016-17]


Self-Regulatory Organizations; ISE Mercury, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend a Current 
Billing Practice With Respect to Billing Disputes

October 6, 2016.
    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 September 22, 2016, ISE Mercury, LLC (``ISE Mercury'' 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.
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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 Exchange proposes to amend a current billing practice with 
respect to billing disputes.
    The text of the proposed rule change is available on the Exchange's 
Web site at www.ise.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 amend its Schedule of Fees to change the 
timeframe within which Members must dispute billing. Today, ISE Mercury 
Members must submit all disputes no later than ninety calendar days 
after receipt of an Exchange invoice. After ninety calendar days, all 
fees assessed by the Exchange are considered final. The Exchange is 
proposing to amend the policy from ninety to sixty days to submit a 
dispute. Today, the NASDAQ PHLX LLC (``Phlx''), NASDAQ BX, Inc. 
(``BX'') and The NASDAQ Options Market LLC (``NOM'') all have a sixty 
day timeframe within which to dispute option invoices.\3\
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    \3\ See Phlx's Pricing Schedule. See also NOM and BX Rules at 
Chapter XV, Section 7.
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    The Exchange provides Members with both daily and monthly fee 
reports and thus believes Members should be aware of any potential 
billing errors within sixty calendar days of receiving an invoice. 
Requiring that Members dispute an invoice within this time period will 
encourage them to promptly review their invoices so that any disputed 
charges can be addressed in a timely manner while the information and 
data underlying those charges (e.g. applicable fees and order 
information) is still easily and readily available. This

[[Page 70727]]

practice will avoid issues that may arise when Members do not dispute 
an invoice in a timely manner, and will conserve Exchange resources 
that would have to be expended to resolve untimely billing disputes. 
The Exchange notes that this type of provision is common among many 
other exchanges, which require that Members dispute invoices within 
sixty days.
    Billing disputes must continue to be submitted to the Exchange in 
writing,\4\ and must be accompanied by supporting documentation. The 
Exchange believes that this requirement, which is also similar to 
requirements of other exchanges,\5\ will further streamline the billing 
dispute process.
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    \4\ The Exchange invoice specifies contact information for 
billing inquiries.
    \5\ See note 3 above.
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    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. Further, this proposal would 
provide a cost savings to the Exchange in that it would alleviate 
administrative processes related to the untimely review of billing 
disputes which divert staff resources away from the Exchange's 
regulatory and business purposes.
    The sixty days would first apply to invoices related to 
transactional billing in November 2016 and would apply thereafter.\6\ 
The Exchange proposes to apply the billing policy to all charges 
reflected in its Schedule of Fees.
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    \6\ This proposal would not apply to invoices related to October 
2016 billing.
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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 billing disputes 
must be submitted in writing, and with supporting documentation, within 
sixty calendar days from receipt of the invoice is reasonable in the 
public interest because the Exchange provides ample tools to properly 
and swiftly monitor and account for various charges incurred in a given 
month. Moreover, the proposed billing dispute language, which will 
lower the Exchange's administrative burden, is substantially similar to 
billing dispute language adopted by other exchanges.\9\ Also, the 
Exchange's administrative costs would be lowered as a result of this 
policy because staff resources would not be diverted to review untimely 
requests regarding billing.
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    \9\ See note 3 above.
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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. The billing policy would 
apply uniformly to all ISE Mercury Members. The policy is similar to 
rules adopted by other options exchanges.\10\
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    \10\ Id.
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    Further, this proposal would provide a cost savings to the Exchange 
in that it would alleviate administrative processes related to the 
untimely review of billing disputes which divert staff resources away 
from the Exchange's regulatory and business purposes.

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 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)(iii) of the Act \11\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 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: (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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ISEMercury-2016-17 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-ISEMercury-2016-17. 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 
10:00 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-ISEMercury-2016-17 and 
should be

[[Page 70728]]

submitted on or before November 3, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-24696 Filed 10-12-16; 8:45 am]
 BILLING CODE 8011-01-P