Rule 613 - Consolidated Audit Trail-Filing a National Market System Plan

Forms and Documents

Document Name	Status
Rule 613 Supporting Statement FINAL.pdf Supporting Statement A	2015-10-26

IC Document Collections

IC ID	Document Title	Status
194273	Creation and Filing of NMS Plan	Modified

ICR Details

OMB Control No: 3235-0671	ICR Reference No: 201507-3235-009
Status: Historical Active	Previous ICR Reference No: 201208-3235-001
Agency/Subagency: SEC	Agency Tracking No: TM-270-616
Title: Rule 613 - Consolidated Audit Trail-Filing a National Market System Plan
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: 12/21/2015
	Date Received in OIRA: 10/26/2015
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2018	36 Months From Approved	12/31/2015
Responses	19	0	17
Time Burden (Hours)	17,480	0	15,640
Cost Burden (Dollars)	126,667	0	113,333

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Abstract: Rule 613 requires the eighteen national securities exchanges and one national securities association 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 NMS plan also must include a discussion of specified considerations, and certain provisions related to administration and operation of the NMS plan and the operation of the central repository. Further, the NMS plan is required to include certain provisions related to compliance by the SROs and their members with the requirements of the Rule and the NMS plan.

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Authorizing Statute(s): US Code: 15 USC 78k-1(a)(3)(B) Name of Law: Section 11A(a)(3)(B)
  

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:
	80 FR 44411	07/27/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 59210	10/01/2015
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Creation and Filing of NMS Plan

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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	19	17	0	0	2	0
Annual Time Burden (Hours)	17,480	15,640	0	0	1,840	0
Annual Cost Burden (Dollars)	126,667	113,333	0	0	13,334	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: The estimated one-time aggregate burden hours for SROs has increased from 46,920 to 52,440. Relatedly, the estimated annualized burden hours has increased from 15,640 to 17,480 annualized burden hours. These increases are due to an increase in the number of SRO respondents, from 17 SROs to 19 SROs. In addition, the one-time aggregate, annualized external cost has increased from $113,333.39 to $126,666.67. These increases are the result of an increase in the number of SRO respondents (from 17 SROs to 19 SROs). The external legal cost per SRO has not changed. All other assumptions remain unchanged.

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Annual Cost to Federal Government: $250,000

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: 10/26/2015

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