Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to a Proposal To Amend a Current Billing Practice With Respect to Billing Disputes, 70716-70718 [2016-24697]
Download as PDF
Lhorne on DSK30JT082PROD with NOTICES
70716
Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices
to amend its listing standard to include
VSTOXX as a Futures Reference Asset.
In addition, the Commission notes
that, notwithstanding the addition of
VSTOXX Futures to the definition of
Futures Reference Asset, the existing
initial and continued listing criteria
applicable to Linked-Securities,
generally, and Futures-Linked
Securities, specifically, would continue
to apply. For example, the Exchange
represents that any Futures-Linked
Securities linked to VSTOXX Futures
would be required to meet both the
initial and continued listing standards
under BZX Rule 14.11(d)(2)(K)(iv)(b)
and (c) or be subject to delisting or
removal proceedings. These initial and
continued listing standards require,
among other things: (i) The value of the
Futures Reference Asset be calculated
and widely disseminated by one or
more major market data vendors on at
least a 15-second basis during the
Exchange’s regular market session; (ii)
for Futures-Linked Securities that are
periodically redeemable, the Intraday
Indicative Value of the securities be
calculated and widely disseminated by
the Exchange or one or more major
market data vendors on at least a 15second basis during the Exchange’s
regular market session; (iii) the
aggregate market value or the principal
amount of the Futures-Linked Securities
be at least $400,000; and (iv) the value
of the VSTOXX Futures be calculated
and available. In addition, any FuturesLinked Securities linked to VSTOXX
Futures also would be required to meet
the listing standards applicable to all
Linked Securities under BZX Rule
14.11(d)(2). The Exchange represents
that any securities it would list and
trade pursuant to amended BZX Rule
14.11(d) would continue to comply with
all Exchange rules applicable to the
listing and trading of Linked Securities.
Further, the Exchange represents that
its existing surveillance procedures are
adequate to continue to properly
monitor the trading of the FuturesLinked Securities linked to VSTOXX
Futures in all trading sessions and to
deter and detect violations of Exchange
rules. Specifically, the Exchange stated
that it intends to utilize its existing
surveillance procedures applicable to
derivative products, which includes
Linked Securities, to monitor trading in
the Futures-Linked Securities. The
Commission notes that Eurex, on which
VSTOXX Futures trade, is a member of
ISG, and the Exchange represents that it
may obtain information regarding
trading in the underlying VSTOXX
Futures.
The Commission further notes that
the issuer of a series of Linked
VerDate Sep<11>2014
14:07 Oct 12, 2016
Jkt 241001
Securities is and will continue to be
required to comply with Rule 10A–3
under the Act for the initial and
continued listing of Linked Securities,
as provided under BZX Rule
14.11(d)(2)(F). Moreover, the Exchange
represents that prior to listing FuturesLinked Securities linked to VSTOXX
Futures pursuant to BZX Rule
14.11(c)(2)(K)(iv), an issuer would be
required to represent to the Exchange
that it will advise the Exchange of any
failure of the Futures-Linked Securities
to comply with the continued listing
requirements.
For the foregoing reasons, the
Commission finds that the proposed
rule change, as modified by Amendment
No. 1, is consistent with Section 6(b)(5)
of the Act 18 and the rules and
regulations thereunder applicable to a
national securities exchange.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,19 that the
proposed rule change (SR–BatsBZX–
2016–26), as modified by Amendment
No. 1 thereto, be, and it hereby is,
approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.20
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–24776 Filed 10–12–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79060; File No. SR–
ISEGemini–2016–11]
Self-Regulatory Organizations; ISE
Gemini, LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change to a Proposal 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 Gemini, LLC
(‘‘ISE Gemini’’ 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.
18 15
U.S.C. 78f(b)(5).
U.S.C. 78s(b)(2).
20 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
19 15
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
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 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 Gemini
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
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
3 See Phlx’s Pricing Schedule. See also NOM and
BX Rules at Chapter XV, Section 7.
E:\FR\FM\13OCN1.SGM
13OCN1
Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices
timely manner while the information
and data underlying those charges (e.g.
applicable fees and order information) is
still easily and readily available. This
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.
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.
Lhorne on DSK30JT082PROD with NOTICES
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.
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
4 The
Exchange invoice specifies contact
information for billing inquiries.
5 See note 3 above.
6 This proposal would not apply to invoices
related to October 2016 billing.
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
VerDate Sep<11>2014
14:07 Oct 12, 2016
Jkt 241001
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.
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
Gemini Members. The policy is similar
to rules adopted by other options
exchanges.10
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
At any time within 60 days of the
filing of the proposed rule change, the
9 See
note 3 above.
10 Id.
11 15
U.S.C. 78s(b)(3)(A)(iii).
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.
12 17
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
70717
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–
ISEGemini–2016–11 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–ISEGemini–2016–11. 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
E:\FR\FM\13OCN1.SGM
13OCN1
70718
Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
available publicly. All submissions
should refer to File Number SR–
ISEGemini–2016–11 and should be
submitted on or before November 3,
2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Brent J. Fields,
Secretary.
[FR Doc. 2016–24697 Filed 10–12–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79064; File No. SR–
BatsBZX–2016–64]
Self-Regulatory Organizations; Bats
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change Related to Fees
To Make a Clarifying Change Related
to the Tape B Quoting Tier
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 28, 2016, Bats BZX
Exchange, Inc. (‘‘Exchange’’ or ‘‘BZX’’)
filed with the Securities and Exchange
Commission (‘‘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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Lhorne on DSK30JT082PROD with NOTICES
The Exchange filed a proposal to
amend the fee schedule applicable to
Members 3 and non-members of the
Exchange pursuant to BZX Rules 15.1(a)
and (c) in order to make a clarifying
change related to the Tape B Quoting
Tier.
The text of the proposed rule change
is available at the Exchange’s Web site
at www.batstrading.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 The term ‘‘Member’’ is defined as ‘‘any
registered broker or dealer that has been admitted
to membership in the Exchange.’’ See Exchange
Rule 1.5(n).
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 parts 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
fee schedule to make clear that the
additional rebate per share for orders in
Tape B securities associated with
meeting the Tape B Quoting Tier (the
‘‘Tape B Rebate’’) does not apply to the
rebates set forth in footnote 14 part A of
the fee schedule (the ‘‘LMM Incentive
Program’’). Specifically, this means that
a Member does not receive the Tape B
Rebate on top of the rebate that the
LMM receives under the LMM Incentive
Program for securities in which they are
the LMM.4 The Exchange notes this
clarification applies only to the rebates
for securities in which a Member
receives rebates under the LMM
Incentive Program and that enrollment
in LMP Securities is available to all
Members, including LMMs, and
Members that act as an LMM are eligible
to receive the Tape B Rebate for
securities in which the Member is not
the LMM.
The Exchange proposes to implement
these amendments to its fee schedule
effective immediately.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the requirements of the Act and the
rules and regulations thereunder that
are applicable to a national securities
exchange, and, in particular, with the
requirements of Section 6 of the Act.5
Specifically, the Exchange believes that
the proposed rule change is consistent
with Section 6(b)(4) and 6(b)(5) of the
13 17
1 15
VerDate Sep<11>2014
14:07 Oct 12, 2016
Jkt 241001
4 As provided in the fee schedule, the Exchange
notes that to the extent a Member qualifies for
higher rebates than those provided by a tier for
which such Member qualifies, such as the LMM
Incentive Program, the higher rebates shall apply.
5 15 U.S.C. 78f.
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
Act,6 in that it provides for the equitable
allocation of reasonable dues, fees and
other charges among its Members and
other persons using its facilities. The
Exchange notes that it is not proposing
to make any changes to the rebates or
fees that it currently charges. As such,
the Exchange believes that the change is
reasonable, fair and equitable, and nondiscriminatory because it is nonsubstantive and is designed to make
sure that the fee schedule is as clear and
easily understandable as possible.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange 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, as amended.
The Exchange does not believe that the
changes burden competition, as this
change is intended to make the
Exchange’s fee schedule as clear and
easily understandable as possible.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
The Exchange has not solicited, and
does not intend to solicit, comments on
this proposed rule change. The
Exchange has not received any written
comments from members or other
interested parties.
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)
of the Act 7 and paragraph (f) of Rule
19b–4 thereunder.8 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 proposal is
consistent with the Act. Comments may
be submitted by any of the following
methods:
6 15
U.S.C. 78f(b)(4) and (5).
U.S.C. 78s(b)(3)(A).
8 17 CFR 240.19b–4(f).
7 15
E:\FR\FM\13OCN1.SGM
13OCN1
Agencies
[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Notices]
[Pages 70716-70718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24697]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-79060; File No. SR-ISEGemini-2016-11]
Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change to a Proposal 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 Gemini, LLC (``ISE Gemini'' 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.
---------------------------------------------------------------------------
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 Gemini
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\
---------------------------------------------------------------------------
\3\ See Phlx's Pricing Schedule. See also NOM and BX Rules at
Chapter XV, Section 7.
---------------------------------------------------------------------------
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
[[Page 70717]]
timely manner while the information and data underlying those charges
(e.g. applicable fees and order information) is still easily and
readily available. This 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.
---------------------------------------------------------------------------
\4\ The Exchange invoice specifies contact information for
billing inquiries.
\5\ See note 3 above.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\6\ This proposal would not apply to invoices related to October
2016 billing.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\9\ See note 3 above.
---------------------------------------------------------------------------
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 Gemini Members. The policy is similar to
rules adopted by other options exchanges.\10\
---------------------------------------------------------------------------
\10\ Id.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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-ISEGemini-2016-11 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-ISEGemini-2016-11. 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
[[Page 70718]]
available publicly. All submissions should refer to File Number SR-
ISEGemini-2016-11 and should be submitted on or before November 3,
2016.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------
\13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Brent J. Fields,
Secretary.
[FR Doc. 2016-24697 Filed 10-12-16; 8:45 am]
BILLING CODE 8011-01-P