FOR IMMEDIATE RELEASE 2001-36 Commission Issues Three-Month Exemption for NASDAQ Securities From Order Execution Quality Disclosure Rule Washington, DC, April 12, 2001 - The Securities and Exchange Commission announced that it has issued a three-month exemption for Nasdaq securities from Rule 11Ac1-5, the order execution quality disclosure rule. With the exemption, market centers trading Nasdaq securities must begin collecting data for the Rule in August 2001, and the first monthly reports that include Nasdaq securities (for August) must be made available to the public by the end of September 2001. The temporary exemption does not apply to exchange-listed securities. Consequently, the Rule's initial compliance date of May 1, 2001 continues in effect for all market centers that trade listed securities, regardless whether they trade on an exchange or in the over-the-counter market. The first monthly reports that include listed securities (for May) must be made available to the public by the end of June 2001. The exemption was requested by the Securities Industry Association ("SIA") on behalf of its members. The SIA represented in its request that, despite its members' best efforts to comply, there remained a substantial risk of non- compliance with the Rule on the May 1 initial compliance date for Nasdaq securities. It stated that a three-month temporary exemption would give Nasdaq market centers and their vendors a quality assurance period in which to test their data and evaluate their systems to ensure the production of complete and valid statistics. The Commission issued the temporary exemption primarily to help assure the integrity and accuracy of information made available to the public during the initial months of reporting under the Rule. It is essential that all significant market centers trading Nasdaq securities begin reporting on their order executions at the same time and that the information disseminated to the public be reliable and not materially misleading. With the temporary exemption of orders in Nasdaq securities until July 31, 2001, all market centers should be prepared to report accurately on Nasdaq securities at that time. The Commission's Office of Compliance Inspections and Examinations soon will commence monitoring and inspection procedures to assess the readiness of market centers to meet their responsibilities under the Rule. The temporary exemption was granted in a letter to the Securities Industry Association from the Division of Market Regulation, acting pursuant to delegated authority from the Commission. The exemption letter will be made available on the SEC's Internet site at: http://www.sec.gov. For further information, contact: Daniel M. Gray in the Division of Market Regulation at 202-942-4164.