Consolidated Audit Trail NMS Plan (NMS Plan Required to be Filed under Commission Rule 613)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
CAT NMS Plan Order Supporting Statement (December 1).pdf	Supporting Statement A	Uploaded 2016-12-02	Available
CAT NMS Plan Notice Supporting Statement - 8-8-16.docx	Supplementary Document	Uploaded 2016-11-22	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
224670	Data Collection and Reporting - Large Non-OATS-Reporting Broker-Dealers-ELPs		New
222887	Small Non-OATS-Reporting Broker-Dealers		Modified
222886	Data Collection and Reporting - Small OATS-Reporting Broker-Dealers		Modified
222885	Data Collection and Reporting - Large OATS-Reporting Broker-Dealers		Modified
222884	Data Collection and Reporting - Large Non-OATS-Reporting Broker-Dealers-Options Market Makers		Modified
222883	Document on Expansion to Other Securities		Modified
222882	Written Assessment of Operation of the Consolidated Audit Trail		Modified
222881	Surveillance		Modified
222880	Data Collection and Reporting - Participants		Modified
222879	Central Repository		Modified
194273	Creation and Filing of NMS Plan		Removed

ICR Details

OMB Control No: 3235-0671	ICR Reference No: 201611-3235-027
Status: Historical Active	Previous ICR Reference No: 201608-3235-003
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: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/09/2017
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/05/2016
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2020	36 Months From Approved	11/30/2019
Responses	1,905	0	1,919
Time Burden (Hours)	8,267,876	0	8,282,637
Cost Burden (Dollars)	534,340,252	0	540,792,490

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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 provided in the CAT NMS Plan. The Commission approved the NMS plan in November 2016.

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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

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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:
	81 FR 84696	11/23/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 84696	11/23/2016
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 10

table that charts list of burden

IC Title	Form No.	Form Name
Data Collection and Reporting - Large Non-OATS-Reporting Broker-Dealers-ELPs
Central Repository
Creation and Filing of NMS Plan
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
Small Non-OATS-Reporting Broker-Dealers
Surveillance
Written Assessment of Operation of the Consolidated Audit Trail

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ICR Summary of Burden

table that charts list 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	1,905	1,919	0	5	-19	0
Annual Time Burden (Hours)	8,267,876	8,282,637	0	2,719	-17,480	0
Annual Cost Burden (Dollars)	534,340,252	540,792,490	0	-29,069,002	22,616,764	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The collection of information associated with the adoption of Rule 613 (Rule 613 - Consolidated Audit Trail-Filing a National Market System Plan) pertained to the development and submission of the CAT NMS Plan. Such NMS plan has been developed and submitted, published for comment in the CAT NMS Plan Notice and subsequently approved by the Commission on November 15, 2016. Changes in annual burden hours of 17,480 have occurred because the Plan has already been submitted, so, as described more fully above, the current costs and burdens of the information collections are now related to implementation of the CAT NMS Plan, rather than the development and submission of the CAT NMS Plan.

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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: 12/05/2016

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