Rule 303 (17 CFR 242.303) Record Preservation Requirements for Alternative Trading Systems

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Proposed Amendments to Rule 303 Supporting Statement - 4-27-16.doc	Supporting Statement A	Uploaded 2016-04-27	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
35275	Rule 303: Record Preservation Requirements for Alternative Trading Systems		Modified
221275	New: Rule 303(b)(10) - Record Preservation Requirements for Alternative Trading Systems		New
221274	New: Rule 303(a)(2)(ii) - Record Preservation Requirements for Alternative Trading Systems		New

ICR Details

OMB Control No: 3235-0505	ICR Reference No: 201604-3235-016
Status: Historical Inactive	Previous ICR Reference No: 201305-3235-006
Agency/Subagency: SEC	Agency Tracking No: TM-270-450
Title: Rule 303 (17 CFR 242.303) Record Preservation Requirements for Alternative Trading Systems
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 07/28/2016
	Date Received in OIRA: 04/28/2016
Terms of Clearance: Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR. The agency shall examine public comment in response to the NPRM and will describe in the supporting statement of its next collection any public comments received regarding the collection as well as why (or why it did not) incorporate the commenter’s recommendation. The next submission to OMB must include the draft final rule.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2016	36 Months From Approved	11/30/2016
Responses	92	0	92
Time Burden (Hours)	1,380	0	1,380
Cost Burden (Dollars)	0	0	0

---

Abstract: Rule 303 provides that alternative trading systems must preserve certain records for a certain amount of time, including records made pursuant to Rule 302, notices to subscribers, certain documents relating to compliance with the fair access and capacity, integrity and security requriements set forth in Rule 301, and organizational documents. The rule describes how such records must be maintained, what entities may perform this function, and how long records must be preserved.

---

Authorizing Statute(s): US Code: 15 USC 78a Name of Law: Securities Exchange Act of 1934
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AL66	Proposed rulemaking	80 FR 80997	12/28/2015

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 3

table that charts list of burden

IC Title	Form No.	Form Name
New: Rule 303(a)(2)(ii) - Record Preservation Requirements for Alternative Trading Systems
Rule 303: Record Preservation Requirements for Alternative Trading Systems
New: Rule 303(b)(10) - Record Preservation Requirements for Alternative Trading Systems

---

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The estimated hour burden associated with Rule 303 of Regulation ATS has decreased despite the additional burden hours from the new proposed requirements from 1,380 hours per year to 1305 hours per year. This decrease results primarily from a decrease in the number of ATSs from 92 to 84.

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/28/2016

---