81_FR_69759 81 FR 69565 - Self-Regulatory Organizations; ISE Mercury, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a New Rule 209

81 FR 69565 - Self-Regulatory Organizations; ISE Mercury, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a New Rule 209

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 194 (October 6, 2016)

Page Range69565-69567
FR Document2016-24149

Federal Register, Volume 81 Issue 194 (Thursday, October 6, 2016)
[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)]
[Notices]
[Pages 69565-69567]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24149]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79012; File No. SR-ISEMercury-2016-18]


Self-Regulatory Organizations; ISE Mercury, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Adopt a New Rule 
209

September 30, 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, ISE Mercury, LLC (``ISE Mercury'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II 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 adopt a new Rule 209 entitled, 
``Collection of Exchange Fees and Other Claims'' to require Members to 
provide a clearing account number at the National Securities Clearing 
Corporation (``NSCC'') for purposes of permitting the Exchange to debit 
any undisputed or final fees, fines, charges and/or other monetary 
sanctions or monies due and owing to the Exchange.
    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 purpose of the proposed rule change is to collect undisputed or 
final fees, fines, charges and/or other monetary sanctions or monies 
due and owing to the Exchange through NSCC.\3\ This proposal will 
provide a cost savings to the Exchange in that it will alleviate 
administrative processes related to the collection of monies owed to 
the Exchange.\4\ Collection matters divert staff resources away from 
the Exchange's regulatory and business purposes. In addition, the 
debiting process will prevent Member accounts from becoming overdue. 
The Exchange notes that it has a billing dispute policy.
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    \3\ The Exchange will not debit accounts for fees that are 
unusually large or for special circumstances, unless such debiting 
is requested by the Member.
    \4\ Today, some fees are collected through The Options Clearing 
Corporation, but not all fees.
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    The Exchange proposes to adopt new Rule 209 and require Members, 
and all applicants for registration as such to provide a clearing 
account number for an account at NSCC for purposes of permitting the 
Exchange to debit any undisputed or final fees, fines, charges and/or 
other monetary sanctions or monies due and owing to the Exchange or 
other charges related to Rules 205 and 206.\5\
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    \5\ See ISE Mercury Rules 205 (Participant Fees) and 206 
(Liability for Payment of Fees).
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    The Exchange will send a monthly invoice \6\ to each Member on 
approximately the 4th-6th business day of the following month.\7\ The 
Exchange will also send a file to NSCC each month on approximately the 
23rd of the following month to initiate the debit of the appropriate 
amount stated on the Member's invoice for the prior month. Because the 
Members will receive an invoice well before any monies are debited 
(normally within two weeks), the Members will have adequate time to

[[Page 69566]]

contact the staff with any questions concerning their invoice. If a 
Member disputes an invoice, the Exchange will not include the disputed 
amount in the debit if the Member has disputed the amount in writing to 
the Exchange's designated staff by the 15th of the month, or the 
following business day if the 15th is not a business day, and the 
amount in dispute is at least $10,000 or greater.
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    \6\ The monthly invoice will indicate that the amount on the 
invoice will be debited from the designated NSCC account. Each 
month, the Exchange will send a file to the Member's clearing firm 
which will indicate the amounts to be debited from each Member. If a 
Member is ``self-clearing'', no such file would be sent as the 
Member would receive the invoice, as noted above, which would 
indicate the amount to be debited.
    \7\ By way of example, October invoices would be sent on 
November 7th.
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    Once NSCC receives the file from the Exchange, NSCC would proceed 
to debit the amounts indicated from the Clearing Members' account. In 
the instance where the Member clears through an Exchange Clearing 
Member, the estimated transactions fees owed to the Exchange are 
reconciled daily by the Clearing Member to ensure adequate funds have 
been escrowed. The Exchange would debit any monies owed including 
undisputed or final fees,\8\ fines, charges and/or other monetary 
sanctions or monies due and owing to the Exchange.\9\
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    \8\ Exchange fees are noted on the Exchange Fee Schedule.
    \9\ This includes, among other things, fines which result from 
the imposition of fines pursuant to Rules 1611, Judgment and 
Sanction; and 1614, Imposition of Fines for Minor Rules Violations. 
With respect to disciplinary sanctions that are imposed by either 
the Business Conduct Committee or a Hearing Panel, the Exchange 
would not debit any monies until such action is final. The Exchange 
would not consider an action final until all appeal periods have run 
and/or all appeal timeframes are exhausted. With respect to non-
disciplinary actions, the Exchange would similarly not take action 
to debit a Member account until all appeal periods have run and/or 
all appeal timeframes are exhausted. Any uncontested disciplinary or 
non-disciplinary actions will be debited, and the amount due will 
appear on the Member's invoice prior to the actual NSCC debit.
---------------------------------------------------------------------------

    The Exchange proposes this rule change become operative on October 
1, 2016. On November 23, 2016, the Exchange will debit October 2016 
billing pursuant to the process described in this rule change.\10\ The 
Exchange will notify Members of this rule change to provide its Members 
ample time to provide the Exchange with the information necessary for 
the direct debit and prepare for the change to the collection process.
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    \10\ The initial debit will include all outstanding fees through 
October 1, 2016.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\11\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\12\ in particular, in that it is designed to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in 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 by providing Members with an 
efficient process to pay undisputed or final fees, fines, charges and/
or monetary sanctions or monies dues and owing to the Exchange.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that its proposal to debit NSCC accounts is 
reasonable because it would ease the Member's administrative burden in 
paying monthly invoices, avoid overdue balances and provide same day 
collection from all Members who owe monies to the Exchange. The 
Exchange has a billing dispute policy. The Member may dispute the 
invoice prior to the debit. This policy also lowers the Exchange's 
administrative costs because staff resources would not be diverted to 
review of untimely requests regarding billing.
    The Exchange believes that its proposal to debit NSCC accounts is 
equitable and not unfairly discriminatory because it will apply to all 
Members in a uniform manner. Today, the debit process is applied at all 
Nasdaq exchanges.\13\
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    \13\ See NASDAQ Phlx LLC Rule 909, The NASDAQ Stock Market LLC 
Rule 7007, NASDAQ Options Market LLC Rules at Chapter XV, Section 1, 
NASDAQ BX, Inc. Rule 7011 and BX Option Rules at Chapter XV, Section 
1 (collectively ``Nasdaq exchanges'').
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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. With this proposal, the 
proposed debit process would apply uniformly to all Members.
    Further, this proposal would provide a cost savings to the Exchange 
in that it would alleviate administrative processes related to the 
collection of monies owed to the Exchange. Collection matters divert 
staff resources away from the Exchange's regulatory and business 
purposes. In addition, the debiting process would prevent Member 
accounts from becoming overdue.

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 \14\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \15\ 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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    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative prior to 30 days after the date of filing. 
However, Rule 19b-4(f)(6)(iii) \16\ permits the Commission to designate 
a shorter time if such action is consistent with the protection of 
investors and the public interest. In its filing with the Commission, 
the Exchange requests that the Commission waive the 30-day operative 
delay. The Exchange proposes that the proposed rule change become 
operative on October 1, 2016. On November 23, 2016, the Exchange would 
debit October 2016 billing pursuant to the process set forth in the 
proposed rule change. The Exchange represents that waiver of the 30-day 
operative delay would allow it to conform its billing processes similar 
to the process in place at the various Nasdaq exchanges.\17\ The 
Exchange notes that all ISE Mercury Members have an NSCC account or 
have a clearing firm with an NSCC account. Direct debit is an options 
industry standard. According to the Exchange, all members should be 
able to provide ISE Mercury with an NSCC account prior to the date of 
the November 23, 2016 debit. Further, the Exchange believes that this 
process will alleviate administrative processes related to the 
collection of monies owed to the Exchange. For these reasons, the 
Commission believes that waiver of the 30-day operative delay is 
consistent with the protection of investors and the public interest. 
Therefore, the Commission designates the proposed rule change to be 
operative upon filing.\18\
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    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ See supra note 13.
    \18\ For purposes only of waiving the 30-day operative delay, 
the Commission also has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).

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[[Page 69567]]

    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 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-2016-18 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-2016-18. 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-2016-18 and 
should be submitted on or before October 27, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-24149 Filed 10-5-16; 8:45 am]
BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Notices                                                  69565

                                                available for Web site viewing and                            For the Commission, by the Division of              statements may be examined at the
                                                printing in the Commission’s Public                         Trading and Markets, pursuant to delegated            places specified in Item IV below. The
                                                Reference Room, 100 F Street NE.,                           authority.47                                          Exchange has prepared summaries, set
                                                Washington, DC 20549–1090, on official                      Robert W. Errett,                                     forth in sections A, B, and C below, of
                                                business days between the hours of                          Deputy Secretary.                                     the most significant aspects of such
                                                10:00 a.m. and 3:00 p.m. Copies of such                     [FR Doc. 2016–24146 Filed 10–5–16; 8:45 am]           statements.
                                                filing will also be available for                           BILLING CODE 8011–01–P
                                                                                                                                                                  A. Self-Regulatory Organization’s
                                                inspection and copying at the principal                                                                           Statement of the Purpose of, and
                                                office of the Exchange. All comments                                                                              Statutory Basis for, the Proposed Rule
                                                received will be posted without change;                     SECURITIES AND EXCHANGE
                                                                                                                                                                  Change
                                                the Commission does not edit personal                       COMMISSION
                                                identifying information from                                                                                      1. Purpose
                                                                                                            [Release No. 34–79012; File No. SR–
                                                submissions. You should submit only                         ISEMercury–2016–18]                                      The purpose of the proposed rule
                                                information that you wish to make                                                                                 change is to collect undisputed or final
                                                available publicly. All submissions                         Self-Regulatory Organizations; ISE                    fees, fines, charges and/or other
                                                should refer to File Number SR–                             Mercury, LLC; Notice of Filing and                    monetary sanctions or monies due and
                                                NYSEArca–2016–123 and should be                             Immediate Effectiveness of Proposed                   owing to the Exchange through NSCC.3
                                                submitted on or before October 27,                          Rule Change To Adopt a New Rule 209                   This proposal will provide a cost
                                                2016.                                                                                                             savings to the Exchange in that it will
                                                                                                            September 30, 2016.
                                                VI. Accelerated Approval of Proposed                                                                              alleviate administrative processes
                                                                                                               Pursuant to Section 19(b)(1) of the                related to the collection of monies owed
                                                Rule Change, as Modified by                                 Securities Exchange Act of 1934
                                                Amendment No. 1                                                                                                   to the Exchange.4 Collection matters
                                                                                                            (‘‘Act’’),1 and Rule 19b–4 thereunder,2               divert staff resources away from the
                                                                                                            notice is hereby given that on                        Exchange’s regulatory and business
                                                   The Commission finds good cause to
                                                                                                            September 28, 2016, ISE Mercury, LLC                  purposes. In addition, the debiting
                                                approve the proposed rule change, as
                                                                                                            (‘‘ISE Mercury’’ or ‘‘Exchange’’) filed               process will prevent Member accounts
                                                modified by Amendment No. 1, prior to
                                                                                                            with the Securities and Exchange                      from becoming overdue. The Exchange
                                                the thirtieth day after the date of
                                                                                                            Commission (‘‘Commission’’) the                       notes that it has a billing dispute policy.
                                                publication of notice of the proposed
                                                                                                            proposed rule change as described in                     The Exchange proposes to adopt new
                                                rule change, as modified by Amendment
                                                                                                            Items I and II below, which Items have                Rule 209 and require Members, and all
                                                No. 1 in the Federal Register. As
                                                                                                            been prepared by the Exchange. The                    applicants for registration as such to
                                                described above, the Exchange proposes
                                                                                                            Commission is publishing this notice to               provide a clearing account number for
                                                to amend its rules to comply with the
                                                                                                            solicit comments on the proposed rule                 an account at NSCC for purposes of
                                                Plan and clarify other rules related to
                                                                                                            change from interested persons.                       permitting the Exchange to debit any
                                                LULD and Limit Order Price Protection.
                                                                                                            I. Self-Regulatory Organization’s                     undisputed or final fees, fines, charges
                                                   The Commission believes that the                                                                               and/or other monetary sanctions or
                                                proposals to clarify how LULD Price                         Statement of the Terms of Substance of
                                                                                                            the Proposed Rule Change                              monies due and owing to the Exchange
                                                Bands that are calculated by the                                                                                  or other charges related to Rules 205
                                                Exchange would be rounded in                                   The Exchange proposes to adopt a                   and 206.5
                                                instances where they are not in the MPV                     new Rule 209 entitled, ‘‘Collection of                   The Exchange will send a monthly
                                                for a security and how Limit Order Price                    Exchange Fees and Other Claims’’ to                   invoice 6 to each Member on
                                                Protection would be rounded in                              require Members to provide a clearing                 approximately the 4th–6th business day
                                                instances where it is not in the MPV for                    account number at the National                        of the following month.7 The Exchange
                                                a security provides clarity in the                          Securities Clearing Corporation                       will also send a file to NSCC each
                                                Exchange rules.                                             (‘‘NSCC’’) for purposes of permitting the             month on approximately the 23rd of the
                                                   In addition, the Commission notes                        Exchange to debit any undisputed or                   following month to initiate the debit of
                                                that the Pilot is scheduled to start on                     final fees, fines, charges and/or other               the appropriate amount stated on the
                                                October 3, 2016, and accelerated                            monetary sanctions or monies due and                  Member’s invoice for the prior month.
                                                approval of the proposal would ensure                       owing to the Exchange.                                Because the Members will receive an
                                                that the rules of the Exchange would be                        The text of the proposed rule change               invoice well before any monies are
                                                in place for the start of the Pilot.                        is available on the Exchange’s Web site               debited (normally within two weeks),
                                                Accordingly, the Commission finds                           at www.ise.com, at the principal office               the Members will have adequate time to
                                                good cause, pursuant to Section 19(b)(2)                    of the Exchange, and at the
                                                of the Exchange Act,45 to approve the                       Commission’s Public Reference Room.                      3 The Exchange will not debit accounts for fees

                                                                                                                                                                  that are unusually large or for special
                                                proposed rule change, as modified by                        II. Self-Regulatory Organization’s                    circumstances, unless such debiting is requested by
                                                Amendment No. 1, on an accelerated                          Statement of the Purpose of, and                      the Member.
                                                basis.                                                      Statutory Basis for, the Proposed Rule                   4 Today, some fees are collected through The

                                                                                                                                                                  Options Clearing Corporation, but not all fees.
                                                VII. Conclusion                                             Change                                                   5 See ISE Mercury Rules 205 (Participant Fees)

                                                                                                              In its filing with the Commission, the              and 206 (Liability for Payment of Fees).
                                                  It is therefore ordered that, pursuant                    Exchange included statements                             6 The monthly invoice will indicate that the

                                                to Section 19(b)(2) of the Act,46 that the                                                                        amount on the invoice will be debited from the
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                            concerning the purpose of and basis for               designated NSCC account. Each month, the
                                                proposed rule change (SR–NYSEArca–                          the proposed rule change and discussed                Exchange will send a file to the Member’s clearing
                                                2016–123), as modified by Amendment                         any comments it received on the                       firm which will indicate the amounts to be debited
                                                No. 1, be and hereby is, approved on an                     proposed rule change. The text of these               from each Member. If a Member is ‘‘self-clearing’’,
                                                accelerated basis.                                                                                                no such file would be sent as the Member would
                                                                                                                                                                  receive the invoice, as noted above, which would
                                                                                                              47 17 CFR 200.30–3(a)(12).                          indicate the amount to be debited.
                                                  45 15    U.S.C. 78s(b)(2).                                  1 15 U.S.C. 78s(b)(1).                                 7 By way of example, October invoices would be
                                                  46 Id.                                                      2 17 CFR 240.19b–4.                                 sent on November 7th.



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                                                69566                        Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Notices

                                                contact the staff with any questions                    facilitating transactions in securities, to           III. Date of Effectiveness of the
                                                concerning their invoice. If a Member                   remove impediments to and perfect the                 Proposed Rule Change and Timing for
                                                disputes an invoice, the Exchange will                  mechanism of a free and open market                   Commission Action
                                                not include the disputed amount in the                  and a national market system, and, in                    Because the foregoing proposed rule
                                                debit if the Member has disputed the                    general to protect investors and the                  change does not: (i) Significantly affect
                                                amount in writing to the Exchange’s                     public interest by providing Members                  the protection of investors or the public
                                                designated staff by the 15th of the                     with an efficient process to pay                      interest; (ii) impose any significant
                                                month, or the following business day if                 undisputed or final fees, fines, charges              burden on competition; and (iii) become
                                                the 15th is not a business day, and the                 and/or monetary sanctions or monies                   operative for 30 days from the date on
                                                amount in dispute is at least $10,000 or                dues and owing to the Exchange.                       which it was filed, or such shorter time
                                                greater.                                                                                                      as the Commission may designate, it has
                                                   Once NSCC receives the file from the                    The Exchange believes that its
                                                                                                        proposal to debit NSCC accounts is                    become effective pursuant to Section
                                                Exchange, NSCC would proceed to debit
                                                                                                        reasonable because it would ease the                  19(b)(3)(A)(iii) of the Act 14 and
                                                the amounts indicated from the Clearing
                                                Members’ account. In the instance                       Member’s administrative burden in                     subparagraph (f)(6) of Rule 19b–4
                                                where the Member clears through an                      paying monthly invoices, avoid overdue                thereunder.15
                                                                                                                                                                 A proposed rule change filed under
                                                Exchange Clearing Member, the                           balances and provide same day
                                                                                                                                                              Rule 19b–4(f)(6) normally does not
                                                estimated transactions fees owed to the                 collection from all Members who owe
                                                Exchange are reconciled daily by the                                                                          become operative prior to 30 days after
                                                                                                        monies to the Exchange. The Exchange                  the date of filing. However, Rule 19b–
                                                Clearing Member to ensure adequate                      has a billing dispute policy. The
                                                funds have been escrowed. The                                                                                 4(f)(6)(iii) 16 permits the Commission to
                                                                                                        Member may dispute the invoice prior                  designate a shorter time if such action
                                                Exchange would debit any monies owed                    to the debit. This policy also lowers the
                                                including undisputed or final fees,8                                                                          is consistent with the protection of
                                                                                                        Exchange’s administrative costs because               investors and the public interest. In its
                                                fines, charges and/or other monetary                    staff resources would not be diverted to
                                                sanctions or monies due and owing to                                                                          filing with the Commission, the
                                                                                                        review of untimely requests regarding                 Exchange requests that the Commission
                                                the Exchange.9                                          billing.
                                                   The Exchange proposes this rule                                                                            waive the 30-day operative delay. The
                                                change become operative on October 1,                      The Exchange believes that its                     Exchange proposes that the proposed
                                                2016. On November 23, 2016, the                         proposal to debit NSCC accounts is                    rule change become operative on
                                                Exchange will debit October 2016                        equitable and not unfairly                            October 1, 2016. On November 23, 2016,
                                                billing pursuant to the process                         discriminatory because it will apply to               the Exchange would debit October 2016
                                                described in this rule change.10 The                    all Members in a uniform manner.                      billing pursuant to the process set forth
                                                Exchange will notify Members of this                    Today, the debit process is applied at all            in the proposed rule change. The
                                                rule change to provide its Members                      Nasdaq exchanges.13                                   Exchange represents that waiver of the
                                                ample time to provide the Exchange                                                                            30-day operative delay would allow it to
                                                                                                        B. Self-Regulatory Organization’s                     conform its billing processes similar to
                                                with the information necessary for the
                                                                                                        Statement on Burden on Competition                    the process in place at the various
                                                direct debit and prepare for the change
                                                to the collection process.                                                                                    Nasdaq exchanges.17 The Exchange
                                                                                                          The Exchange does not believe that                  notes that all ISE Mercury Members
                                                2. Statutory Basis                                      the proposed rule change will impose                  have an NSCC account or have a
                                                                                                        any burden on competition that is not                 clearing firm with an NSCC account.
                                                   The Exchange believes that its
                                                                                                        necessary or appropriate in furtherance               Direct debit is an options industry
                                                proposal is consistent with Section 6(b)
                                                of the Act,11 in general, and furthers the              of the purposes of the Act. With this                 standard. According to the Exchange, all
                                                objectives of Section 6(b)(5) of the Act,12             proposal, the proposed debit process                  members should be able to provide ISE
                                                in particular, in that it is designed to                would apply uniformly to all Members.                 Mercury with an NSCC account prior to
                                                promote just and equitable principles of                  Further, this proposal would provide                the date of the November 23, 2016 debit.
                                                trade, to foster cooperation and                        a cost savings to the Exchange in that it             Further, the Exchange believes that this
                                                coordination with persons engaged in                    would alleviate administrative                        process will alleviate administrative
                                                                                                        processes related to the collection of                processes related to the collection of
                                                  8 Exchange fees are noted on the Exchange Fee
                                                                                                        monies owed to the Exchange.                          monies owed to the Exchange. For these
                                                Schedule.
                                                                                                        Collection matters divert staff resources             reasons, the Commission believes that
                                                  9 This includes, among other things, fines which
                                                                                                        away from the Exchange’s regulatory                   waiver of the 30-day operative delay is
                                                result from the imposition of fines pursuant to
                                                Rules 1611, Judgment and Sanction; and 1614,            and business purposes. In addition, the               consistent with the protection of
                                                Imposition of Fines for Minor Rules Violations.         debiting process would prevent Member                 investors and the public interest.
                                                With respect to disciplinary sanctions that are
                                                                                                        accounts from becoming overdue.                       Therefore, the Commission designates
                                                imposed by either the Business Conduct Committee                                                              the proposed rule change to be operative
                                                or a Hearing Panel, the Exchange would not debit
                                                any monies until such action is final. The Exchange
                                                                                                        C. Self-Regulatory Organization’s                     upon filing.18
                                                would not consider an action final until all appeal     Statement on Comments on the
                                                periods have run and/or all appeal timeframes are       Proposed Rule Change Received From                      14 15  U.S.C. 78s(b)(3)(A)(iii).
                                                exhausted. With respect to non-disciplinary actions,    Members, Participants, or Others                        15 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                the Exchange would similarly not take action to                                                               4(f)(6) requires a self-regulatory organization to give
                                                debit a Member account until all appeal periods                                                               the Commission written notice of its intent to file
                                                                                                          No written comments were either
sradovich on DSK3GMQ082PROD with NOTICES




                                                have run and/or all appeal timeframes are                                                                     the proposed rule change at least five business days
                                                exhausted. Any uncontested disciplinary or non-         solicited or received.                                prior to the date of filing of the proposed rule
                                                disciplinary actions will be debited, and the                                                                 change, or such shorter time as designated by the
                                                amount due will appear on the Member’s invoice             13 See NASDAQ Phlx LLC Rule 909, The               Commission. The Exchange has satisfied this
                                                prior to the actual NSCC debit.                         NASDAQ Stock Market LLC Rule 7007, NASDAQ             requirement.
                                                  10 The initial debit will include all outstanding                                                             16 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                        Options Market LLC Rules at Chapter XV, Section
                                                fees through October 1, 2016.                           1, NASDAQ BX, Inc. Rule 7011 and BX Option              17 See supra note 13.
                                                  11 15 U.S.C. 78f(b).
                                                                                                        Rules at Chapter XV, Section 1 (collectively            18 For purposes only of waiving the 30-day
                                                  12 15 U.S.C. 78f(b)(5).                               ‘‘Nasdaq exchanges’’).                                operative delay, the Commission also has



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                                                                             Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Notices                                                69567

                                                   At any time within 60 days of the                    inspection and copying at the principal                 Dated: September 23, 2016.
                                                filing of the proposed rule change, the                 office of the Exchange. All comments                  Christopher Herrick,
                                                Commission summarily may                                received will be posted without change;               Executive Director, International Security
                                                temporarily suspend such rule change if                 the Commission does not edit personal                 Advisory Board, U.S. Department of State.
                                                it appears to the Commission that such                  identifying information from                          [FR Doc. 2016–24210 Filed 10–5–16; 8:45 am]
                                                action is necessary or appropriate in the               submissions. You should submit only                   BILLING CODE 4710–27–P
                                                public interest, for the protection of                  information that you wish to make
                                                investors, or otherwise in furtherance of               available publicly. All submissions
                                                the purposes of the Act. If the                         should refer to File Number SR–                       DEPARTMENT OF STATE
                                                Commission takes such action, the                       ISEMercury–2016–18 and should be
                                                Commission shall institute proceedings                  submitted on or before October 27,                    [Public Notice 9747]
                                                to determine whether the proposed rule                  2016.                                                 U.S. Department of State Advisory
                                                should be approved or disapproved.                        For the Commission, by the Division of              Committee on Private International
                                                IV. Solicitation of Comments                            Trading and Markets, pursuant to delegated            Law (ACPIL): Public Meeting on the
                                                                                                        authority.19                                          Judgments Project
                                                  Interested persons are invited to                     Robert W. Errett,
                                                submit written data, views, and                                                                                  The Office of the Assistant Legal
                                                                                                        Deputy Secretary.
                                                arguments concerning the foregoing,                                                                           Adviser for Private International Law,
                                                                                                        [FR Doc. 2016–24149 Filed 10–5–16; 8:45 am]
                                                including whether the proposed rule                                                                           Department of State, gives notice of a
                                                change is consistent with the Act.                      BILLING CODE 8011–01–P
                                                                                                                                                              public meeting to discuss the judgments
                                                Comments may be submitted by any of                                                                           project. The public meeting will take
                                                the following methods:                                                                                        place on Tuesday, November 15, 2016,
                                                Electronic Comments                                     DEPARTMENT OF STATE                                   from 10:00 a.m. until 12:30 p.m. EST.
                                                                                                                                                              This is not a meeting of the full
                                                   • Use the Commission’s Internet
                                                                                                                                                              Advisory Committee.
                                                comment form (http://www.sec.gov/                       [Public Notice: 9746]
                                                                                                                                                                 A Special Commission of the Hague
                                                rules/sro.shtml); or
                                                                                                                                                              Conference met in June 2016 to discuss
                                                   • Send an email to rule-comments@                    International Security Advisory Board
                                                                                                        (ISAB) Meeting Notice                                 the structure and the provisions of a
                                                sec.gov. Please include File Number SR–
                                                                                                                                                              draft convention on the recognition and
                                                ISEMercury–2016–18 on the subject
                                                                                                           In accordance with section 10(a)(2) of             enforcement of foreign judgments in
                                                line.
                                                                                                        the Federal Advisory Committee Act, 5                 civil and commercial matters. Another
                                                Paper Comments                                          U.S.C. App 10(a)(2), the Department of                Special Commission of the Hague
                                                   • Send paper comments in triplicate                  State announces a meeting of the                      Conference is scheduled to meet in
                                                to Secretary, Securities and Exchange                   International Security Advisory Board                 February 2017 to continue the drafting
                                                Commission, 100 F Street NE.,                           (ISAB) to take place on November 30,                  process.
                                                Washington, DC 20549–1090.                              2016, at the Department of State,                        The purpose of the public meeting is
                                                                                                        Washington, DC.                                       to obtain the views of interested
                                                All submissions should refer to File
                                                                                                                                                              stakeholders on the current draft
                                                Number SR–ISEMercury–2016–18. This                         Pursuant to section 10(d) of the                   provisions of the convention, located at
                                                file number should be included on the                   Federal Advisory Committee Act, 5                     https://assets.hcch.net/docs/ to discuss
                                                subject line if email is used. To help the              U.S.C. App 10(d), and 5 U.S.C.                        certain matters such as scope, possible
                                                Commission process and review your                      552b(c)(1), it has been determined that               declarations to the convention, and
                                                comments more efficiently, please use                   this Board meeting will be closed to the              general and final clauses.
                                                only one method. The Commission will                    public because the Board will be                         Time and Place: The meeting will
                                                post all comments on the Commission’s                   reviewing and discussing matters                      take place from 10:00 a.m. until 12:30
                                                Internet Web site (http://www.sec.gov/                  properly classified in accordance with                p.m. EST on November 15, 2016, in
                                                rules/sro.shtml). Copies of the                         Executive Order 13526. The purpose of                 Room 240, South Building, State
                                                submission, all subsequent                              the ISAB is to provide the Department                 Department Annex 4, Washington, DC
                                                amendments, all written statements                      with a continuing source of                           20037. Participants should plan to
                                                with respect to the proposed rule                       independent advice on all aspects of                  arrive at the Navy Hill gate on the west
                                                change that are filed with the                          arms control, disarmament,                            side of 23rd Street NW. (at the
                                                Commission, and all written                             nonproliferation, political-military                  intersection of 23rd Street NW. and D
                                                communications relating to the                          affairs, international security, and                  Street NW.) by 9:30 a.m. for visitor
                                                proposed rule change between the                        related aspects of public diplomacy. The              screening. If you are unable to attend
                                                Commission and any person, other than                   agenda for this meeting will include                  the public meeting and would like to
                                                those that may be withheld from the                     classified discussions related to the                 participate from a remote location,
                                                public in accordance with the                           Board’s studies on current U.S. policy                teleconferencing will be available.
                                                provisions of 5 U.S.C. 552, will be                     and issues regarding arms control,                    Those who cannot attend but wish to
                                                available for Web site viewing and                      international security, nuclear                       comment are welcome to do so by email
                                                printing in the Commission’s Public                     proliferation, and diplomacy.                         to John Kim at kimmjj@state.gov or Mike
                                                Reference Room, 100 F Street NE.,
                                                                                                           For more information, contact                      Dennis at dennismj@state.gov.
sradovich on DSK3GMQ082PROD with NOTICES




                                                Washington, DC 20549, on official
                                                                                                        Christopher Herrick, Executive Director                  Public Participation: This meeting is
                                                business days between the hours of
                                                                                                        of the International Security Advisory                open to the public, subject to the
                                                10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                        Board, U.S. Department of State,                      capacity of the meeting room. Access to
                                                filing also will be available for
                                                                                                        Washington, DC 20520, telephone: (202)                the building is strictly controlled. For
                                                                                                        647–9683.                                             pre-clearance purposes, those planning
                                                considered the proposed rule’s impact on
                                                efficiency, competition, and capital formation. See                                                           to attend should email pil@state.gov
                                                15 U.S.C. 78c(f).                                         19 17   CFR 200.30–3(a)(12).                        providing full name, address, date of


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Document Created: 2016-10-06 02:38:29
Document Modified: 2016-10-06 02:38:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 69565 

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