Rule 301: Requirements for Alternative Trading Systems

Forms and Documents

Document Name	Status
Form ATS-R Form ATS-R - Quarterly Reports Form and Instruction	Modified
Form Form ATS Form ATS - Periodic Amendments to Update Information Form and Instruction	New
Rule 301 Supporting Statement.docx Supporting Statement A	2011-01-05

IC Document Collections

IC ID	Document Title	Status
35287	Form ATS-R - Quarterly Reports Form and Instruction	Modified
194923	Systems Outage Notices	New
194922	Systems Capacity, Integrity and Security Recordkeeping	New
194921	Fair Access Notices	New
194920	Fair Access Standards Recordkeeping	New
194919	Form ATS - Cessation of Operations Report	New
194918	Form ATS - Periodic Amendments to Update Information Form and Instruction	New
194917	Form ATS - Initial Operation Report	New

ICR Details

OMB Control No: 3235-0509	ICR Reference No: 201010-3235-021
Status: Historical Active	Previous ICR Reference No: 200706-3235-001
Agency/Subagency: SEC	Agency Tracking No: TM-270-451
Title: Rule 301: Requirements for Alternative Trading Systems
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/28/2011
	Date Received in OIRA: 01/05/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2014	36 Months From Approved	02/28/2011
Responses	556	0	465
Time Burden (Hours)	1,793	0	1,976
Cost Burden (Dollars)	158,989	0	189,488

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Abstract: 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 be 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.

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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-AH41	Final or interim final rulemaking	63 FR 70844	12/22/1998

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 67150	11/01/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 594	01/05/2011
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 8

IC Title	Form No.	Form Name
Fair Access Standards Recordkeeping
Form ATS - Initial Operation Report
Form ATS - Periodic Amendments to Update Information	Form ATS	Form ATS
Systems Outage Notices
Form ATS-R - Quarterly Reports	ATS-R	ATS-R
Systems Capacity, Integrity and Security Recordkeeping
Form ATS - Cessation of Operations Report
Fair Access Notices

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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	556	465	0	0	91	0
Annual Time Burden (Hours)	1,793	1,976	0	0	-183	0
Annual Cost Burden (Dollars)	158,989	189,488	0	0	-30,499	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: Estimated burdens have changed due to changes in the estimated variables determining the burdens and changes to the way those burdens are presented in this summary. There are no changes to the underlying rules or forms.

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Annual Cost to Federal Government: $137,448

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: 01/05/2011

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