[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Notices]
[Page 64279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22975]


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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-404, OMB Control No. 3235-0461]


Proposed Collection; Comment Request; Extension: Rule 602

Upon Written Request, Copies Available From: Securities and Exchange 
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC 
20549-2736

    Notice is hereby given that pursuant to the Paperwork Reduction Act 
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange 
Commission (``Commission'') is soliciting comments on the existing 
collection of information provided for in Rule 602 of Regulation NMS 
(17 CFR 240.602), under the Securities Exchange Act of 1934 (15 U.S.C. 
78a et seq.). The Commission plans to submit this existing collection 
of information to the Office of Management and Budget (``OMB'') for 
extension and approval.
    Rule 602 of Regulation NMS, Dissemination of Quotations in NMS 
securities, contains two related collections. The first collection of 
information is found in Rule 602(a).\1\ This third-party disclosure 
requirement obligates each national securities exchange and national 
securities association to make available to quotation vendors for 
dissemination to the public the best bid, best offer, and aggregate 
quotation size for each ``subject security,'' as defined under the 
Rule. The second collection of information is found in Rule 602(b).\2\ 
This disclosure requirement obligates any exchange member and over-the-
counter (``OTC'') market maker that is a ``responsible broker or 
dealer,'' as defined under the Rule, to communicate to an exchange or 
association its best bids, best offers, and quotation sizes for subject 
securities.\3\
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    \1\ 17 CFR 242.602(a).
    \2\ 17 CFR 242.602(b).
    \3\ Under Rule 602(b)(5), electronic communications networks 
(``ECNs'') have the option of reporting to an exchange or 
association for public dissemination, on behalf of customers that 
are OTC market makers or exchange market makers, the best-priced 
orders and the full size for such orders entered by market makers on 
the ECN, to satisfy such market makers' reporting obligation under 
Rule 602(b). Since this reporting requirement is an alternative 
method of meeting the market makers' reporting obligation, and 
because it is directed to nine or fewer persons (ECNs), this 
collection of information is not subject to OMB review under the 
Paperwork Reduction Act (``PRA'').
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    It is anticipated that 25 respondents, consisting of 24 national 
securities exchanges and one national securities association, will 
collectively respond approximately 19,093,763,801,315 times per year 
pursuant to Rule 602(a) at 18.22 microseconds per response, resulting 
in a total annual time burden of approximately 96,625 hours. It is 
anticipated that no respondents will have a reporting burden pursuant 
to Rule 602(b).\4\
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    \4\ For the reporting obligation under Rule 602(b), the 
respondents are exchange members and OTC market makers. The 
Commission believes that communication of quotations through an 
exchange's electronic trading system effectively means that exchange 
members currently have no reporting burden under Rule 602(b) for 
these quotations. The Commission also believes that there are 
presently no OTC market makers that quote other than on an exchange.
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    Thus, the aggregate third-party disclosure burden under Rule 602 is 
approximately 96,625 hours annually which is comprised of 96,625 hours 
relating to Rule 602(a) and 0 hours relating to Rule 602(b).
    Written comments are invited on: (a) whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; (b) the accuracy of the Commission's 
estimates of the burden of the proposed collection of information; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on respondents, including through the use of automated 
collection techniques or other forms of information technology. 
Consideration will be given to comments and suggestions submitted by 
December 23, 2022.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information under the PRA unless it 
displays a currently valid OMB control number.
    Please direct your written comments to: David Bottom, Director/
Chief Information Officer, Securities and Exchange Commission, c/o John 
Pezzullo, 100 F Street NE, Washington, DC 20549, or send an email to: 
[email protected].

    Dated: October 18, 2022.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-22975 Filed 10-21-22; 8:45 am]
BILLING CODE 8011-01-P


