Regulation ATS Rule 304 and Form ATS-N

Forms and Documents

Document Name	Status
Form Form ATS-N Form ATS-N - Cessation of Operations Report Form and Instruction	New
Form Form ATS-N Form ATS-N - Amendments Form and Instruction	New
Form Form ATS-N Form ATS-N - Initial Operation Report Form and Instruction	New
Supporting Statement for Rule 304 (08.01.18).docx Supporting Statement A	2018-08-02

IC Document Collections

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

ICR Details

OMB Control No: 3235-0763	ICR Reference No: 201807-3235-002
Status: Active	Previous ICR Reference No:
Agency/Subagency: SEC	Agency Tracking No: TM-270-451
Title: Regulation ATS Rule 304 and Form ATS-N
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/24/2018
	Date Received in OIRA: 08/03/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2021	36 Months From Approved
Responses	214	0	0
Time Burden (Hours)	2,942	0	0
Cost Burden (Dollars)	0	0	0

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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.

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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-AL66	Final or interim final rulemaking	83 FR 38768	08/07/2018

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 80998	12/28/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 38768	09/07/2018
Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
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
Form ATS-N - Amendments	Form ATS-N	Form ATS-N
Public Posting on NMS Stock ATS's website (Rule 304)

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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	214	0	0	214	0	0
Annual Time Burden (Hours)	2,942	0	0	2,942	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: These are all new burdens, and therefore increasing, because Rule 304 was adopted as a new Rule (and a new collection of information) as part of the Commission's amendments to Regulation ATS.

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Annual Cost to Federal Government:

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? 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: 08/03/2018

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