Rule 6b-1

Forms and Documents

Document Name	Status
Supporting Statement (2023 Fee Tiers Proposal).pdf Supporting Statement A	2023-11-22

IC Document Collections

IC ID	Document Title	Status
263660	Rule 6b-1(c)-Ongoing Burden	New
263659	Rule 6b-1(c)-Initial Burden	New
263658	Rule 6b-1(b)(2)- ongoing burden	New
263657	Rule 6b-1(b)(2)- initial burden	New

ICR Details

OMB Control No:	ICR Reference No: 202311-3235-034
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: SEC	Agency Tracking No:
Title: Rule 6b-1
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/25/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	52	0
Time Burden (Hours)	2,041	0
Cost Burden (Dollars)	0	0

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Abstract: To address the Commission’s concerns about the effect of volume-based exchange transaction pricing on competition among national securities exchange members, proposed Rule 6b-1 would prohibit exchanges from offering volume-based transaction pricing in connection with the execution of agency-related orders in certain stocks. Exchanges that offer such pricing for their members’ proprietary orders would be required to (1) adopt rules, via existing Form 19b-4, to require members to engage in practices that facilitate the exchange’s ability to comply with the prohibition for agency-related orders, (2) adopt written policies and procedures related to compliance with the prohibition, and (3) submit electronically new structured data transparency disclosures on a monthly basis containing information on the total number of members that qualified for each proprietary volume tier during the month.

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Authorizing Statute(s): US Code: 15 USC 78k-1 Name of Law: Securities Exchange Act of 1934
   US Code: 15 USC 78w(a) 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-AN29	Proposed rulemaking	88 FR 76282	11/06/2023

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Rule 6b-1(b)(2)- initial burden
Rule 6b-1(b)(2)- ongoing burden
Rule 6b-1(c)-Initial Burden
Rule 6b-1(c)-Ongoing Burden

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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	52	0	0	52	0	0
Annual Time Burden (Hours)	2,041	0	0	2,041	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: The Commission has proposed rules that would add new collection of information requirements with hour burdens. These are discussed in more detail in the attached Supporting Statement.

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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.     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

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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: 11/25/2023

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