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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3235-0671
ICR Reference No:
202306-3235-008
Status:
Active
Previous ICR Reference No:
201911-3235-003
Agency/Subagency:
SEC
Agency Tracking No:
TM-270-616
Title:
Consolidated Audit Trail NMS Plan (NMS Plan Required to be Filed under Commission Rule 613)
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:
10/13/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
07/25/2023
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
10/31/2026
36 Months From Approved
10/31/2023
Responses
1,703
0
1,839
Time Burden (Hours)
4,931,332
0
7,572,610
Cost Burden (Dollars)
328,662,911
0
463,322,593
Abstract:
Rule 613 requires the national securities exchanges and national securities association ("Participants") to develop and file a national market system (“NMS”) plan to govern the creation, implementation and maintenance of a consolidated audit trail and central repository for the collection of information for NMS securities. The NMS plan must require each SRO and its respective members to provide certain data to the central repository in compliance with Rule 613. The Participants filed the NMS plan required by Rule 613 ("CAT NMS Plan"). This PRA contains the information collections required by Rule 613, as informed by the data that was provided in the CAT NMS Plan. The Commission approved the initial NMS plan in November 2016.
Authorizing Statute(s):
US Code:
15 USC 78k-1(a)(3)(B)
Name of Law: Section 11A(a)(3)(B) - National market system for securities; securities information processors
Citations for New Statutory Requirements:
None
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:
88 FR 32260
05/19/2023
30-day Notice:
Federal Register Citation:
Citation Date:
88 FR 47936
07/25/2023
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
19
IC Title
Form No.
Form Name
Data Collection and Reporting - Large Non-OATS-Reporting Broker-Dealers-ELPs
Assessment of Errors in Customer Information Fields
Assessment of Industry Member Bulk Access to Reported Data
Assessment of Material Systems Change on Error Rate
Background Checks
Central Repository
Coordinated Surveillance Report
Data Collection and Reporting - Large Non-OATS-Reporting Broker-Dealers-Options Market Makers
Data Collection and Reporting - Large OATS-Reporting Broker-Dealers
Data Collection and Reporting - Participants
Data Collection and Reporting - Small OATS-Reporting Broker-Dealers
Document on Expansion to Other Securities
Financial Statements
Independent Audit of Expenses Incurred Prior to the Effective Date
Report on Impact of Tiered Fees on Market Liquidity
Review of Clock Synchronization Standards
Small Non-OATS-Reporting Broker-Dealers
Surveillance
Written Assessment of Operation of the Consolidated Audit Trail
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
1,703
1,839
0
0
-136
0
Annual Time Burden (Hours)
4,931,332
7,572,610
0
0
-2,641,278
0
Annual Cost Burden (Dollars)
328,662,911
463,322,593
0
0
-134,659,682
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:
Even though some individual ongoing time burdens and costs increased due to inflation and an increase in the estimated number of participants from 24 to 25, the overall time and cost burdens decreased (from 7,572,610 hours to 4,931,332 hours and $463,322,593 to $328,662,911 respectively) primarily due to the elimination of one-time initial hour and cost burdens and a decrease in the number of small-non-OATS Reporting Broker-Dealers, from 523 to 397. See supporting statement for more details.
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.
No
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
Agency Contact:
Katriana Roh 202 551-6031
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:
07/25/2023
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