[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Pages 26451-26452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11894]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86016; File No. 013-00067]


Initial Form ATS-N Filing; Notice of Extension of Commission 
Review Period

June 3, 2019.
    On February 7, 2019, Aqua 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 7, 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.
    Aqua was operating pursuant to an initial operation report on Form 
ATS on file with the Commission as of January

[[Page 26452]]

7, 2019.\1\ Aqua filed an initial Form ATS-N on February 7, 2019. 
During the initial 120 calendar day review period, the Commission staff 
has been reviewing the disclosures on Aqua's initial Form ATS-N. In 
addition, the staff has been engaged in ongoing discussions with Aqua 
about its disclosures and manner of operations, as well as the 
requirements of Form ATS-N, to facilitate complete and comprehensible 
disclosures that 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 Aqua. 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 Aqua.
    In the conversations between Aqua and Commission staff about the 
initial Form ATS-N disclosures and the ATS operations, Commission staff 
and Aqua have discussed a potential amendment to update Aqua'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 Aqua. Accordingly, 
pursuant to Rule 304(a)(1)(iv)(B), October 5, 2019 is the date by which 
the Commission may declare the initial Form ATS-N submitted by Aqua 
ineffective.

    By the Commission.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-11894 Filed 6-5-19; 8:45 am]
 BILLING CODE 8011-01-P