Market Data Infrastructure -- Rule 614(d)(9)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Market Data Infrastructure -- Rule 614(d)(9) (Submitted for OMB Review).pdf	Supporting Statement A	Uploaded 2022-07-27	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
254929	Identification of de minimis events required by Rule 614(d)(9)(iii)(B) and (C) - ongoing burden		New
254928	Identification of de minimis events required by Rule 614(d)(9)(iii)(B) and (C) - initial burden		New
254927	Corrective action required by Rule 614(d)(9)(iii)(A) - ongoing burden		New
254926	Corrective action required by Rule 614(d)(9)(iii)(A) - initial burden		New
254925	Dissemination of updates required by Rule 614(d)(9)(iii)(B) - ongoing burden		New
254924	Dissemination of information required by Rule 614(d)(9)(iii)(B) - ongoing burden		New
254923	Systems intrusion and disruption updates required by Rule 614(d)(9)(iii)(C) – ongoing burden		New
254922	Systems intrusion and disruption notifications required by Rule 614(d)(9)(iii)(C) – ongoing burden		New
254921	Mandate participation in certain testing required by 614(d)(9)(iv) - ongoing burden		New
254920	Mandate participation in certain testing required by 614(d)(9)(iv) - initial burden		New
254919	Policies and procedures required by Rule 614(d)(9)(ii)(C) - ongoing burden		New
254918	Policies and procedures required by Rule 614(d)(9)(ii)(C) - initial burden		New
254917	Policies and procedures required by Rule 614(d)(9)(ii)(B) - ongoing burden		New
254916	Policies and procedures required by Rule 614(d)(9)(ii)(A) – initial burden		New

ICR Details

OMB Control No: 3235-0794	ICR Reference No: 202207-3235-031
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: SEC	Agency Tracking No:
Title: Market Data Infrastructure -- Rule 614(d)(9)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 10/11/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 07/28/2022
Terms of Clearance: Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. The agency shall examine public comment in response to the NPRM and will describe in the supporting statement of its next collection any public comments received regarding the collection as well as why (or why it did not) incorporate the commenter’s recommendation. The next submission to OMB must include the draft final rule.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Commission proposed to update its national market system rules to, among other things, expand the definition of an “SCI entity” to include competing consolidators. While the Commission initially proposed to apply all the requirements of Regulation SCI to these competing consolidators, commenters expressed certain concerns and, as discussed further in the Supporting Statement, the Commission adopted a new rule 614(d)(9) to address those comments. The compliance date for the new rule won't be until 2023, so we are submitting the collections of information on ROCIS as a "proposal" to facilitate OMB review, and we will submit it again later as a "final" rule to request approval.

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Authorizing Statute(s): US Code: 17 USC 78a et seq 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-AM61	Proposed rulemaking	85 FR 16726	03/24/2020

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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: 14

table that charts list of burden

IC Title	Form No.	Form Name
Corrective action required by Rule 614(d)(9)(iii)(A) - initial burden
Corrective action required by Rule 614(d)(9)(iii)(A) - ongoing burden
Dissemination of information required by Rule 614(d)(9)(iii)(B) - ongoing burden
Dissemination of updates required by Rule 614(d)(9)(iii)(B) - ongoing burden
Identification of de minimis events required by Rule 614(d)(9)(iii)(B) and (C) - initial burden
Identification of de minimis events required by Rule 614(d)(9)(iii)(B) and (C) - ongoing burden
Mandate participation in certain testing required by 614(d)(9)(iv) - initial burden
Mandate participation in certain testing required by 614(d)(9)(iv) - ongoing burden
Policies and procedures required by Rule 614(d)(9)(ii)(A) – initial burden
Policies and procedures required by Rule 614(d)(9)(ii)(B) - ongoing burden
Policies and procedures required by Rule 614(d)(9)(ii)(C) - initial burden
Policies and procedures required by Rule 614(d)(9)(ii)(C) - ongoing burden
Systems intrusion and disruption notifications required by Rule 614(d)(9)(iii)(C) – ongoing burden
Systems intrusion and disruption updates required by Rule 614(d)(9)(iii)(C) – ongoing burden

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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: We are requesting a new ICR for collections of information in connection with a Commission rulemaking. The collections 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: 07/28/2022

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