Previous terms of clearance still apply: In its next submission of this ICR, the agency is instructed to delete from the cost burdens the portion that represents a monetization of the burden hours. The agency is reminded to avoid such double-counting of burden.
Inventory as of this Action
Requested
Previously Approved
02/28/2013
36 Months From Approved
02/28/2011
529
0
465
14,583
0
1,976
3,700,000
0
189,488
Rule 301 provides the conditions with which a broker-dealer alternative trading system must comply. Initially, all such alternative trading systems must file an initial operation report which includes information regarding operation of the system. Such alternative trading systems are also required to make quarterly reports of aggregate transaction data. Certain notice requirements are triggered by alternative trading system volume such as notification to an investor denied or limited access to the system and notice to the Commission of systems' outages.
Rule 301(b)(3) requires that an ATS meeting a specified threshold of activity in NMS stocks must display its best-priced orders to the public quote stream. The Commission is proposing amendments to the order display and execution access obligations in Regulation ATS, including a substantial lowering of the trading volume threshold in Regulation ATS that triggers public display obligations for ATSs from 5 percent to 0.25 percent. This lowering of the threshold could increase the number of respondents beyond ten The proposed amendment to Rule 301 would not impact the current collection of information, which would continue. Rather, the proposed amendment to Rule 301(b)(3) would broaden the existing collection of information under Rule 301 as it would potentially require a greater number of respondents to disclose order information to the public.
A collection of information has already been approved for Rule 301 of Regulation ATS. While the Commission does not believe that the burdens associated with current Rule 301 have changed, the total number of ATSs have increased since the Commission last examined the rule. Specifically, the number of registered ATSs has increased from approximately 65 to 73. Accordingly, this submission updates the relevant burden estimates accordingly.
US Code:
15 USC 78a
Name of Law: Securities Exchange Act of 1934
While the Commission does not believe that the burdens associated with current Rule 301 have changed, the total number of ATSs have increased since the Commission last examined the rule. Specifically, the number of registered ATSs has increased from approximately 65 to 73. In addition, the Commission estimates 8 new ATSs would file the initial report on an annual basis. This submission updates the relevant burden estimates accordingly, to reflect the increase in number of registered ATSs, and any associated change in the estimated respondents to the relevant ICs. Also, in revising the ICR, the Commission has revised the format to separate out each IC as part of the rule, as opposed to having a one consolidated IC for all ICs under Rule 301, as previously done.
$260,742
No
No
Uncollected
Uncollected
No
Uncollected
Brian Trackman 202 942-7951 trackmanb@sec.gov
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:
(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;
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.
Form ATS Rule 301 (17 CFR 242.301) Requirements for Alternative Trading Systems: Form ATS - Initial Operation Report
2009 301 Supporting Statement (v3).doc
Rule 301 (17 CFR 242.301) Requirements for Alternative Trading Systems: Form ATS - Initial Operation Report