FOR IMMEDIATE RELEASE 2001-64 COMMISSION ISSUES ONE-MONTH EXEMPTION FROM PUBLIC REPORTING REQUIREMENTS OF ORDER EXECUTION QUALITY DISCLOSURE RULE FOR LISTED SECURITIES; PROVIDES ADDITIONAL WRITTEN GUIDANCE ON IMPLEMENTATION OF RULE Washington, DC, June 22, 2001 - Today the Securities and Exchange Commission announced that it has issued a one- month exemption with respect to any market center that is required to prepare a report under Rule 11Ac1-5 that covers trading in May 2001. Under the exemption, such a market center is not required to make its May report publicly available on an Internet site; the market center, however, must prepare a May report internally and make it available for inspection and examination by the Commission staff. The Commission emphasized that reports that cover trading in June must be made publicly available on an Internet site by the end of July. The exemption is set forth in a letter to the New York Stock Exchange, Inc. The Division of Market Regulation also has published an updated Staff Legal Bulletin No. 12R responding to questions the staff has received from market participants on the application of Rule 11Ac1-5. The legal bulletin, in the form of a Frequently Asked Questions (FAQ) document, sets forth the views of the Division of Market Regulation. The Commission has neither approved nor disapproved its content. Among the matters addressed in the legal bulletin, the Commission has exempted from Rule 11Ac1-5 orders in national market system securities that are very inactively traded and certain small market centers that do not focus their business on the most actively traded securities. The small firm exemption covers any market center that reported fewer than 200 transactions per trading day on average over the preceding six month period in securities that are covered by the Rule, but only if more that 90% of such transactions were in securities that are not included in the Nasdaq-100 Index or the S&P 500 Composite Stock Price Index. The exemptions are set forth in a letter to the NASD Small Firms Advisory Board. Finally, the legal bulletin provides guidance on a number of other issues that is intended to enhance the reliability and comparability of the order execution quality statistics to be disclosed under the Rule. The Commission's exemption letters and Staff Legal Bulletin No. 12R will be made available on the SEC's Internet site at: http://www.sec.gov. For further information, contact: Susie Cho in the Division of Market Regulation at 202-942-0748. # # #