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GAO-05-831R 1 (2005-07-12)

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T I   IAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-296606


          July 12, 2005

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

          The Honorable Michael G. Oxley
          Chairman
          The Honorable Barney Frank
          Ranking Minority Member
          Committee on Financial Services
          House of Representatives

          Subject: Securities and Exchange Commission: Regulation NMS

          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 NMS (RIN: 3235-AJ18). We received the rule on June 10, 2005.
          It was published in the Federal Register as final rules and amendments to joint
          industry plans on June 29, 2005. 70 Fed. Reg. 37496.

          The final rule includes new substantive rules that are designed to modernize and
          strengthen the regulatory structure of the U.S. equity markets. First, the Order
          Protection Rule requires trading centers to establish, maintain, and enforce written
          policies and procedures reasonably designed to prevent the execution of trades at
          prices inferior to protected quotations displayed by other trading centers, subject to
          an applicable exception. To be protected, a quotation must be immediately and
          automatically accessible.

          Second, the Access Rule requires fair and non-discriminatory access to quotations,
          establishes a limit on access fees to harmonize the pricing of quotations across
          different trading centers, and requires each national securities exchange and
          association to adopt, maintain, and enforce written rules that prohibit their members
          from engaging in a pattern or practice of displaying quotations that lock or cross
          automated quotations.


GAO-05-831R

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