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B-330281 1 (2018-08-17)

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G      A              U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-330281


August 17, 2018

The Honorable Mike Crapo
Chairman
The Honorable Sherrod Brown
Ranking Member
Committee on Banking, Housing, and Urban Affairs
United States Senate

The Honorable Jeb Hensarling
Chairman
The Honorable Maxine Waters
Ranking Member
Committee on Financial Services
House of Representatives

Subject: Securities and Exchange Commission: Regulation of NMS Stock 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 (Commission) entitled Regulation of
NMS Stock Alternative Trading Systems (RIN: 3235-AL66). We received the rule on July 24,
2018. It was published in the Federal Register as a final rule on August 7, 2018. 83 Fed. Reg.
38,768. The effective date of the final rule is October 9, 2018.

The final rule amends regulatory requirements in Regulation ATS applicable to alternative
trading systems (ATS) that trade National Market System (NMS) stocks (hereinafter NMS Stock
ATSs) including so called dark pools. First, the rule adopts new Form ATS-N, which will
require NMS Stock ATSs to disclose information about their manner of operations, the broker-
dealer that operates the ATS (broker-dealer operator), and the ATS-related activities of the
broker-dealer operator and its affiliates. Second, the rule requires public posting of certain Form
ATS-N filings on the Commission's website, which will be accomplished through the
Commission's Electronic Data Gathering, Analysis, and Retrieval system and require each NMS
Stock ATS that has a website to post a direct URL hyperlink to the Commission's website.
Third, the rule provides a process for the Commission to review Form ATS-N and, after notice
and opportunity for hearing, declare an NMS Stock ATS-N ineffective. Fourth, the rule requires
all ATSs subject to the regulations to place in writing its safeguards and procedures to protect
subscribers' confidential trading information.

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