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OGC-99-28 1 (1999-01-06)

handle is hein.gao/gaobablxn0001 and id is 1 raw text is: 




GAO             United States
                General Accounting Office
                Washington, D.C. 20548

                Office of the General Counsel


                B-281761



                January 6, 1999

                The Honorable Phil Gramm
                Chairman
                The Honorable Paul S. Sarbanes
                Ranking Minority Member
                Committee on Banking, Housing, and Urban Affairs
                United States Senate

                The Honorable Thomas J. Bliley, Jr.
                Chairman
                The Honorable John D. Dingell
                Ranking Minority Member
                Committee on Commerce
                House of Representatives

                Subject: Securities and Exchange Commission: Regulation of Exchanges and
                          Alternative Trading Systems

                Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on
                a major rule promulgated by the Securities and Exchange Commission (SEC),
                entitled Regulation of Exchanges and Alternative Trading Systems (RIN: 3235-
                AH41). We received the rule on December 10, 1998. It was published in the
                Federal Register as a final rule on December 22, 1998. 63 Fed. Reg. 70844.

                The final rule, consisting of new SEC rules and rule amendments, contains Rules
                3al-i and 3b-16 which allow alternative trading systems to choose whether to
                register as national securities exchanges, or to register as broker-dealers, depending
                on their activities and trading volume. In addition, Regulation ATS will require
                alternative trading systems that trade a certain volume of securities to make their
                best prices known to the public and allow non-subscribers access to those prices.
                The final rule also amend Rules 6a-1, 6a-2, and 6a-3 regarding registration as a
                national securities exchange.

                Enclosed is our assessment of the SEC's compliance with the procedural steps
                required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule.
                Our review indicates that the SEC complied with the applicable requirements.


GAO/OGC-99-28

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