Regulation ATS Rule 301 Amendments

Forms and Documents

Document Name	Status
Form Form ATS-R Form ATS-R - Quarterly Reports Form and Instruction	Modified
Form Form ATS Form ATS - Amendments Form and Instruction	Modified
Form Form ATS Form ATS - Initial Operation Report Form and Instruction	Unchanged
89 FR 73136 (OMB 3235-0509).pdf Supplementary Document	2024-11-20
89 FR 91824 (OMB 3235–0509).pdf Supplementary Document	2024-11-20
Supporting Statement_Rule 301 2024 DGL REVISED.pdf Supporting Statement A	2024-08-27

IC Document Collections

IC ID	Document Title	Status
35287	Form ATS-R - Quarterly Reports Form and Instruction	Modified
232434	System Outage Notices	Unchanged
232433	Fair Access Notices	Unchanged
221753	Written Confidentiality Procedures - ATSs to Update Procedures	Modified
221752	Written Confidentiality Procedures - ATSs w/o Procedures	Unchanged
221746	Form ATS-R - NMS Stock ATSs Filing An Additional Set of Quarterly Reports	Unchanged
194921	Systems Capacity, Integrity and Security Recordkeeping	Unchanged
194920	Fair Access Standards Recordkeeping	Unchanged
194919	Form ATS - Cessation of Operations Report	Unchanged
194918	Form ATS - Amendments Form and Instruction	Modified
194917	Form ATS - Initial Operation Report Form and Instruction	Unchanged

ICR Details

OMB Control No: 3235-0509	ICR Reference No: 202403-3235-005
Status: Received in OIRA	Previous ICR Reference No: 202101-3235-011
Agency/Subagency: SEC	Agency Tracking No: TM-270-451
Title: Regulation ATS Rule 301 Amendments
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/20/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	11/30/2024
Responses	788	700
Time Burden (Hours)	2,983	2,687
Cost Burden (Dollars)	0	0

---

Abstract: The Securities and Exchange Commission is amending the regulatory requirements in Regulation ATS under the Exchange Act applicable to NMS Stock ATSs. The majority of these regulatory requirements are in new Rule 304 and Form ATS-N, which are being submitted to OMB separately for approval and a control number. However, the rulemaking also includes new information collections under Rule 301 and a related revision to the existing IC for Form ATS (which has the same OMB Control Number as Rule 301) and we are also updating our burden estimates for some of the other ICs in the rule.

---

Authorizing Statute(s): US Code: 15 USC 78a Name of Law: Securities Exchange Act of 1934
  

Citations for New Statutory Requirements: US Code: 15 USC 78A Name of Law: Securities Exchange Act of 1934

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 73136	09/09/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 91824	11/20/2024
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 11

IC Title	Form No.	Form Name
Fair Access Notices
Fair Access Standards Recordkeeping
Form ATS - Amendments	Form ATS	Form ATS
Form ATS - Cessation of Operations Report
Form ATS - Initial Operation Report	Form ATS	Form ATS
Form ATS-R - NMS Stock ATSs Filing An Additional Set of Quarterly Reports
Form ATS-R - Quarterly Reports	Form ATS-R	Form ATS-R
System Outage Notices
Systems Capacity, Integrity and Security Recordkeeping
Written Confidentiality Procedures - ATSs to Update Procedures
Written Confidentiality Procedures - ATSs w/o Procedures

---

ICR Summary of Burden

	Total Request	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	788	700	0	0	88	0
Annual Time Burden (Hours)	2,983	2,687	0	0	296	0
Annual Cost Burden (Dollars)	0	0	0	0	0	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 estimated annual time burden identified in the Commission’s 2021 PRA renewal, the estimated annual time burden associated with Rule 301 of Regulation ATS has increased from approximately 2,687 hours per year to approximately 2,983 hours per year because of an increase in the estimated number of ATSs and an increase in the estimated number of entities expected to file quarterly reports and periodic amendments.

---

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

---

Common Form ICR:  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:

(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: 11/20/2024

---