Regulation ATS Rule 304 and Form ATS-N

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form Form ATS-N Form ATS-N	Form and Instruction	Modified	Repair queued
Form Form ATS-N Form ATS-N - Cessation of Operations Report	Form and Instruction	Modified	Repair queued
Form Form ATS-N Form ATS-N	Form and Instruction	Modified	Available
Form Form ATS-N Form ATS-N - Amendments	Form and Instruction	Modified	Repair queued
Form Form ATS-N Form ATS-N	Form and Instruction	Modified	Repair queued
Form Form ATS-N Form ATS-N - Initial Operation Report	Form and Instruction	Modified	Repair queued
3235-0763-- 2023 Rule 304 revised Supporting Statement re ATS proposal.pdf	Supporting Statement A	Uploaded 2023-07-07	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
260784	Initial Form ATS-N - One-time burden related to 2022 ATS Proposed Rulemaking		New
232236	Public Posting on NMS Stock ATS's website (Rule 304)		Modified
232232	Form ATS-N - Cessation of Operations Report	Form and Instruction	Modified	Form ATS-N
232232	Form ATS-N - Cessation of Operations Report	Form and Instruction	Modified
232230	Form ATS-N - Amendments	Form and Instruction	Modified	Form ATS-N
232230	Form ATS-N - Amendments	Form and Instruction	Modified
232229	Form ATS-N - Initial Operation Report	Form and Instruction	Modified	Form ATS-N
232229	Form ATS-N - Initial Operation Report	Form and Instruction	Modified

ICR Details

OMB Control No: 3235-0763	ICR Reference No: 202306-3235-022
Status: Historical Inactive	Previous ICR Reference No: 202109-3235-014
Agency/Subagency: SEC	Agency Tracking No: TM-270-451
Title: Regulation ATS Rule 304 and Form ATS-N
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: 08/29/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 07/07/2023
Terms of Clearance: Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. 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	02/28/2025	02/28/2025	04/30/2025
Responses	196	0	196
Time Burden (Hours)	2,042	0	2,042
Cost Burden (Dollars)	0	0	0

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Abstract: The Commission previously adopted amendments to Regulation ATS, including Rule 304 and Form ATS-N for alternative trading systems that trade in ATS stocks. The Commission proposed amendments to Regulation ATS and Exchange Act Rule 3b-16, which defines certain terms in the definition of “exchange” under section 3(a)(1) of the Exchange Act. In April 2023, the Commission provided supplemental information and reopened the comment period for the 2022 Reg ATS Proposing Release. These proposed amendments would increase the number of respondents for the collections of information in several rules, including this one.

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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: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AM45	Proposed rulemaking	87 FR 15496	03/18/2022

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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: 5

table that charts list of burden

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
Initial Form ATS-N - One-time burden related to 2022 ATS Proposed Rulemaking
Public Posting on NMS Stock ATS's website (Rule 304)

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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: As compared to the time burdens identified in the Commission’s previous PRA Submission, the estimated time burdens associated with Rule 304 of Regulation ATS have increased 3,120.5 hours from 2,042 to 5,162.5 hours. This is primarily as a result of an increase in the number of respondents estimated in the 2022 Reg ATS Proposing and 2023 Reopening Releases, as detailed the attached Supporting Statement, but also a result of an increase in the hourly burden associated with filing on Form ATS-N due to proposed changes to that form.

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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? No

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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: 07/07/2023

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