[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Pages 26454-26455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11873]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-86007; File No. 013-00115]
Initial Form ATS-N Filing; Notice of Extension of Commission
Review Period
June 3, 2019.
On February 8, 2019, MS Trajectory Cross ATS-1 filed an initial
Form ATS-N (``Form ATS-N'') with the Securities and Exchange Commission
(``Commission''). Pursuant to Rule 304 under the Securities and
Exchange Act of 1934 (``Act''), the Commission may, after notice and an
opportunity for hearing, declare an initial Form ATS-N ineffective no
later than 120 days from the date of filing with the Commission, or, if
applicable, the extended review period. June 8, 2019 is 120 calendar
days from the date of filing. Pursuant to Rule 304(a)(1)(iv)(B), the
Commission may extend the initial Form ATS-N review period for up to an
additional 120 calendar days if the initial Form ATS-N is unusually
lengthy or raises novel or complex issues that require additional time
for review.
MS Trajectory Cross ATS-1 was operating pursuant to an initial
operation report on Form ATS on file with the Commission as of January
7, 2019.\1\ MS Trajectory Cross ATS-1 filed an initial Form ATS-N on
February 8, 2019. During the initial 120 calendar day review period,
the Commission staff has been reviewing the disclosures on MS
Trajectory Cross ATS-1's initial Form ATS-N. In addition, the staff has
been engaged in ongoing discussions with MS Trajectory Cross ATS-1
about its disclosures and manner of operations, as well as the
requirements of Form ATS-N, to facilitate complete and comprehensible
disclosures that
[[Page 26455]]
reflect the complexities of those operations.
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\1\ An NMS Stock ATS (as defined in Rule 300(k) of Regulation
ATS) that was operating pursuant to an initial operation report on
Form ATS on file with the Commission as of January 7, 2019 is a
``Legacy NMS Stock ATS.'' 17 CFR 242.301(b)(2)(viii).
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Form ATS-N requires NMS Stock ATSs to file with the Commission, and
disclose to the public for the first time, certain information,
including descriptions by the NMS Stock ATSs of their fees, the trading
activities by their broker-dealer operators and their affiliates in the
NMS Stock ATSs, their use of market data, their written standards for
granting access to trading on the NMS Stock ATSs, and their written
safeguards and procedures for protecting their subscribers'
confidential trading information required by revised Rule 301(b)(10) of
Regulation ATS. The initial Form ATS-N disclosures and discussions with
Commission staff have revealed complexities about the operations of
Legacy NMS Stock ATSs including, among other things, matching
functionalities, means of order entry, order interaction and execution
procedures, conditional order processes, segmentation of orders, and
counterparty selection protocols. The Commission staff needs additional
time to review novel and complex issues such as these, which Commission
staff has discussed with MS Trajectory Cross ATS-1. Extending the
initial Form ATS-N Commission review period for an additional 120
calendar days will provide Commission staff an opportunity to continue
its review of the initial Form ATS-N disclosures and discussions with
MS Trajectory Cross ATS-1.
In the conversations between MS Trajectory Cross ATS-1 and
Commission staff about the initial Form ATS-N disclosures and the ATS
operations, Commission staff and MS Trajectory Cross ATS-1 have
discussed a potential amendment to update MS Trajectory Cross ATS-1's
disclosures regarding the complexities of its operations. Extending the
review period will enable the NMS Stock ATS to amend its disclosures,
if appropriate, and allow Commission staff to conduct a thorough review
of amendments to the initial disclosures provided on the initial Form
ATS-N.
For the reasons given above, the Commission is extending the review
period of the initial Form ATS-N submitted by MS Trajectory Cross ATS-
1. Accordingly, pursuant to Rule 304(a)(1)(iv)(B), October 6, 2019 is
the date by which the Commission may declare the initial Form ATS-N
submitted by MS Trajectory Cross ATS-1 ineffective.
By the Commission.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-11873 Filed 6-5-19; 8:45 am]
BILLING CODE 8011-01-P