Regulation ATS Rule 304 and Form ATS-N

Forms and Documents

Document	Type	Status	Availability
Form Form ATS-N Form ATS-N - Cessation of Operations Report	Form and Instruction	Modified	Repair queued
Form Form ATS-N Form ATS-N - Amendments	Form and Instruction	Modified	Repair queued
Form Form ATS-N Form ATS-N - Initial Operation Report	Form and Instruction	Modified	Repair queued
Proposed Collection 3235-0763 2021-22904.pdf	Supplementary Document	Uploaded 2022-01-03	Repair queued
3235-0763 Jan 3, 2022.pdf	Supplementary Document	Uploaded 2022-01-03	Repair queued
DGL REVISED FINAL 2021 Supporting Statement for Rule 304 (09.30.2021).pdf	Supporting Statement A	Uploaded 2021-09-30	Missing upstream

IC Document Collections

IC ID	Collection	Type	Status	Form
232236	Public Posting on NMS Stock ATS's website (Rule 304)		Modified
232232	Form ATS-N - Cessation of Operations Report	Form and Instruction	Modified
232230	Form ATS-N - Amendments	Form and Instruction	Modified
232229	Form ATS-N - Initial Operation Report	Form and Instruction	Modified

ICR Details

OMB Control No: 3235-0763	ICR Reference No: 202109-3235-014
Status: Received in OIRA	Previous ICR Reference No: 201807-3235-002
Agency/Subagency: SEC	Agency Tracking No: TM-270-451
Title: Regulation ATS Rule 304 and Form ATS-N
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 01/03/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	03/31/2022
Responses	196	214
Time Burden (Hours)	2,042	2,942
Cost Burden (Dollars)	0	0

---

Abstract: The Commission is adopting amendments to Regulation ATS, which include new Rule 304 and Form ATS-N for alternative trading systems that trade in ATS stocks.

---

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:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 58329	10/21/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 136	01/03/2022
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Form ATS-N - Amendments	Form ATS-N	Form ATS-N
Form ATS-N - Cessation of Operations Report	Form ATS-N	Form ATS-N
Form ATS-N - Initial Operation Report	Form ATS-N	Form ATS-N
Public Posting on NMS Stock ATS's website (Rule 304)

---

ICR Summary of Burden

	Total Request	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	196	214	0	0	-18	0
Annual Time Burden (Hours)	2,042	2,942	0	0	-900	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The estimated hour burden associated with the filing of amendments to Form ATS-N increased because the estimated number of amendments per respondent increased but the total estimated annual time burden associated with Rule 304 decreased from approximately 2,942 hours to approximately 2,042 hours primarily because the 2018 estimates included a one-time filing burden for 41 existing NMS Stock ATSs to file a Form ATS-N. These one-time burdens have been satisfied.

---

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? No

---

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: 01/03/2022

---