Regulation of NMS Stock Alternative Trading Systems: Rules 301 and 304

Forms and Documents

Document Name	Status
Form Form ATS-R Form ATS-R - Quarterly Reports Form and Instruction	Modified
Form Form ATS-N Form ATS-N - Amendments Form and Instruction	New
Form Form ATS-N Form ATS-N - Initial Operation Report Form and Instruction	New
Form Form ATS Form ATS - Amendments Form and Instruction	Modified
Form Form ATS Form ATS - Initial Operation Report Form and Instruction	Modified
Supporting Statement for ATS - Rules 301 and 304 - Final (5-31-16).docx Supporting Statement A	2016-05-31

IC Document Collections

IC ID	Document Title	Status
35287	Form ATS-R - Quarterly Reports Form and Instruction	Modified
221753	Written Confidentiality Procedures - ATSs to Update Procedures	New
221752	Written Confidentiality Procedures - ATSs w/o Procedures	New
221751	Public Posting on NMS Stock ATS's website	New
221750	Access to EFFS	New
221749	ATSs that Transact in NMS Stocks and Non-NMS Stocks (Filing Two Forms) - Form ATS-R	New
221748	ATSs that Transact in NMS Stocks and Non-NMS Stocks - Form ATS-N Amendments	New
221747	ATSs that Transact in NMS Stocks and Non-NMS Stocks - Form ATS Amendments	New
221746	ATSs that Transact in NMS Stocks and Non-NMS Stocks - Initial Form ATS and Form ATS-N	New
221745	Form ATS-N - Cessation of Operations Report	New
221744	Form ATS-N - Amendments Form and Instruction	New
221743	Form ATS-N - Initial Operation Report Form and Instruction	New
194921	Making and Keeping Records in Connection with Fair Access	Unchanged
194920	Establishment of Written Fair Access Standards	Modified
194919	Form ATS - Cessation of Operations Report	Unchanged
194918	Form ATS - Amendments Form and Instruction	Modified
194917	Form ATS - Initial Operation Report Form and Instruction	Modified

ICR Details

OMB Control No: 3235-0509	ICR Reference No: 201605-3235-015
Status: Historical Inactive	Previous ICR Reference No: 201510-3235-023
Agency/Subagency: SEC	Agency Tracking No: TM-270-451
Title: Regulation of NMS Stock Alternative Trading Systems: Rules 301 and 304
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: 08/04/2016
	Date Received in OIRA: 06/01/2016
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.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2018	36 Months From Approved	10/31/2018
Responses	586	0	586
Time Burden (Hours)	2,850	0	2,850
Cost Burden (Dollars)	0	0	0

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Abstract: The Securities and Exchange Commission is proposing to amend the regulatory requirements in Regulation ATS under the Exchange Act applicable to NMS Stock ATSs, including so called “dark pools.” The Commission is proposing to amend Regulation ATS to adopt Form ATS-N.

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

Citations for New Statutory Requirements: US Code: 15 USC 78A Name of Law: Securities Exchange Act of 1934

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

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 17

IC Title	Form No.	Form Name
Establishment of Written Fair Access Standards
Form ATS - Initial Operation Report	Form ATS	Form ATS
Form ATS - Amendments	Form ATS	Form ATS
Form ATS-R - Quarterly Reports	Form ATS-R	Form ATS-R
Making and Keeping Records in Connection with Fair Access
Form ATS - Cessation of Operations Report
Form ATS-N - Initial Operation Report	Form ATS-N	Form ATS-N
Form ATS-N - Amendments	Form ATS-N	Form ATS-N
Public Posting on NMS Stock ATS's website
Written Confidentiality Procedures - ATSs w/o Procedures
Written Confidentiality Procedures - ATSs to Update Procedures
Form ATS-N - Cessation of Operations Report
ATSs that Transact in NMS Stocks and Non-NMS Stocks - Initial Form ATS and Form ATS-N
ATSs that Transact in NMS Stocks and Non-NMS Stocks - Form ATS Amendments
ATSs that Transact in NMS Stocks and Non-NMS Stocks - Form ATS-N Amendments
ATSs that Transact in NMS Stocks and Non-NMS Stocks (Filing Two Forms) - Form ATS-R
Access to EFFS

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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: No

Burden Reduction Due to:

Short Statement: The addition of the new requirements under Rule 304 and Rule 301(b)(10), increases the burden by roughly 8,900 hours and $2,300 for respondents.

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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

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Common Form ICR:  No

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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: 06/01/2016

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