Rule 301: Requirements for Alternative Trading Systems and Form ATS; ATS-R

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	Modified
Rule 301 Supporting Statement - 2013 (3).pdf Supporting Statement A	2014-01-30

IC Document Collections

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

ICR Details

OMB Control No: 3235-0509	ICR Reference No: 201311-3235-011
Status: Historical Active	Previous ICR Reference No: 201010-3235-021
Agency/Subagency: SEC	Agency Tracking No: TM-270-451
Title: Rule 301: Requirements for Alternative Trading Systems and Form ATS; ATS-R
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: 04/16/2014
	Date Received in OIRA: 02/03/2014
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2017	36 Months From Approved	04/30/2014
Responses	598	0	556
Time Burden (Hours)	2,873	0	1,793
Cost Burden (Dollars)	0	0	158,989

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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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 71686	11/28/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 6236	02/03/2014
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
Form ATS - Initial Operation Report
Form ATS - Periodic Amendments to Update Information	Form ATS	Form ATS
Systems Outage Notices
Systems Capacity, Integrity and Security Recordkeeping
Form ATS - Cessation of Operations Report
Form ATS-R - Quarterly Reports	ATS-R	ATS-R
Making and Keeping Records in Connection with Fair Access

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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	598	556	0	0	42	0
Annual Time Burden (Hours)	2,873	1,793	0	0	1,080	0
Annual Cost Burden (Dollars)	0	158,989	0	0	-158,989	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: As compared to the costs and hourly burdens identified in the Commission's 2010 Submission, the estimated aggregate hourly burden has increased from 1,792.50 hours to 2,872.50 hours as a result of an increase in the number of ATSs and a change in the estimate of certain hourly burdens. The estimated aggregate costs associated with Rule 301 of Regulation ATS decreased from $158,988.14 to zero because costs had been estimated improperly in earlier years.

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Annual Cost to Federal Government: $0

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: 02/03/2014

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