Regulation ATS Rule 301 Amendments

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	Removed
Form Form ATS-N Form ATS-N - Initial Operation Report Form and Instruction	Removed
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 Rule 301 (08.01.18).pdf Supporting Statement A	2018-08-03

IC Document Collections

IC ID	Document Title	Status
35287	Form ATS-R - Quarterly Reports Form and Instruction	Modified
232434	System Outage Notices	New
232433	Fair Access Notices	New
221753	Written Confidentiality Procedures - ATSs to Update Procedures	Modified
221752	Written Confidentiality Procedures - ATSs w/o Procedures	Modified
221751	Public Posting on NMS Stock ATS's website	Removed
221750	Access to EFFS	Removed
221749	ATSs that Transact in NMS Stocks and Non-NMS Stocks (Filing Two Forms) - Form ATS-R	Removed
221748	ATSs that Transact in NMS Stocks and Non-NMS Stocks - Form ATS-N Amendments	Removed
221747	ATSs that Transact in NMS Stocks and Non-NMS Stocks - Form ATS Amendments	Removed
221746	Form ATS-R - NMS Stock ATSs Filing An Additional Set of Quarterly Reports	Modified
221745	Form ATS-N - Cessation of Operations Report	Removed
221744	Form ATS-N - Amendments Form and Instruction	Removed
221743	Form ATS-N - Initial Operation Report Form and Instruction	Removed
194921	Systems Capacity, Integrity and Security Recordkeeping	Modified
194920	Fair Access Standards Recordkeeping	Modified
194919	Form ATS - Cessation of Operations Report	Modified
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: 201806-3235-002
Status: Active	Previous ICR Reference No: 201605-3235-015
Agency/Subagency: SEC	Agency Tracking No: TM-270-451
Title: Regulation ATS Rule 301 Amendments
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/17/2018
	Date Received in OIRA: 08/03/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2021	36 Months From Approved	10/31/2018
Responses	649	0	586
Time Burden (Hours)	2,123	0	2,850
Cost Burden (Dollars)	0	0	0

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Abstract: The Securities and Exchange Commission is amending the regulatory requirements in Regulation ATS under the Exchange Act applicable to NMS Stock ATSs. The majority of these regulatory requirements are in new Rule 304 and Form ATS-N, which are being submitted to OMB separately for approval and a control number. However, the rulemaking also includes new information collections under Rule 301 and a related revision to the existing IC for Form ATS (which has the same OMB Control Number as Rule 301) and we are also updating our burden estimates for some of the other ICs in the rule.

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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	Final or interim final rulemaking	83 FR 38768	08/07/2018

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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: 11

IC Title	Form No.	Form Name
Public Posting on NMS Stock ATS's website
Fair Access Notices
System Outage Notices
Fair Access Standards Recordkeeping
Form ATS - Initial Operation Report	Form ATS	Form ATS
Form ATS - Amendments	Form ATS	Form ATS
Form ATS - Cessation of Operations Report
Form ATS-R - Quarterly Reports	Form ATS-R	Form ATS-R
Systems Capacity, Integrity and Security Recordkeeping
Form ATS-R - NMS Stock ATSs Filing An Additional Set of Quarterly Reports
Written Confidentiality Procedures - ATSs w/o Procedures
Written Confidentiality Procedures - ATSs to Update Procedures
Form ATS-N - Initial Operation Report	Form ATS-N	Form ATS-N
Form ATS-N - Amendments	Form ATS-N	Form ATS-N
Form ATS-N - Cessation of Operations Report
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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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	649	586	0	479	-416	0
Annual Time Burden (Hours)	2,123	2,850	0	6,229	-6,956	0
Annual Cost Burden (Dollars)	0	0	0	2,300	-2,300	0

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: Cutting Redundancy

Short Statement: As compared to the burdens and costs identified in the Commission’s 2015 PRA Submission, the estimated burdens associated with Rule 301 of Regulation ATS have decreased – primarily as a result of NMS Stock ATSs no longer being required to comply with the filing requirements of Rule 301(b)(2). Instead, NMS Stock ATSs are required to comply with Rule 304 and file public disclosures with the Commission on Form ATS-N.

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Annual Cost to Federal Government: $0

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 08/03/2018

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