Filing and Amendment of National Market System Plans (17 CFR 242.608)

Forms and Documents

Document Name	Status
3235-0500 Reinstatement Emergency Justification Memo.pdf Supplementary Document	2020-05-20
3235-0500 Supporting Statement (May 2020 Reinstatement) (Final Version).pdf Supporting Statement A	2020-05-27

IC Document Collections

IC ID	Document Title	Status
35262	New NMS Plans	Modified
241918	Plan Processor Selections	New
241917	NMS Plan Amendments	New

ICR Details

OMB Control No: 3235-0500	ICR Reference No: 202005-3235-019
Status: Active	Previous ICR Reference No: 200503-3235-002
Agency/Subagency: SEC	Agency Tracking No:
Title: Filing and Amendment of National Market System Plans (17 CFR 242.608)
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 06/04/2020
OIRA Conclusion Action: Approved with change	Conclusion Date: 05/28/2020
	Date Received in OIRA: 05/21/2020
Terms of Clearance: Clarifying edits made to supporting statement and ROCIS tables during review.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2020	6 Months From Approved
Responses	375	0	0
Time Burden (Hours)	12,432	0	0
Cost Burden (Dollars)	483,333	0	0

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Abstract: Rule 608, 17 CFR 242.608, under the Securities Exchange Act of 1934, as amended, provides that self-regulatory organizations may, acting jointly, file a national market system plan or may propose an amendment to an effective national market system plan by submitting the text of the plan or amendment to the Secretary of the Commission, together with a statement of the purpose of such plan or amendment and, to the extent applicable, the documents and information required by paragraphs (b)(4) and (5) of the rule.

Emergency Justfication: Commission staff inadvertently and mistakenly discontinued the OMB Control Number associated with these information collection requirements on December 10, 2007 following the re-numbering of the rule with the adoption of Regulation NMS – an error that was only recently discovered. An emergency reinstatement would prevent the disruption of normal collection efforts pursuant to Rule 608, which are still in force. We have attached a justification memo to this submission that provides additional details.

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Authorizing Statute(s): None

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

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
NMS Plan Amendments
New NMS Plans
Plan Processor Selections

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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	375	0	0	0	0	375
Annual Time Burden (Hours)	12,432	0	0	0	0	12,432
Annual Cost Burden (Dollars)	483,333	0	0	0	0	483,333

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:

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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

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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: 05/21/2020

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