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Routine Notice Amended Final

SEC Seeks OMB Extension for Rule 19b-4 Information Collection

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Detected March 14th, 2026
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Summary

The Securities and Exchange Commission (SEC) is requesting an extension from the Office of Management and Budget (OMB) for the information collection requirements under Rule 19b-4. This rule mandates Self-Regulatory Organizations (SROs) to file proposed rule changes with the SEC.

What changed

The Securities and Exchange Commission (SEC) has submitted a request to the Office of Management and Budget (OMB) for an extension of the information collection requirements associated with Rule 19b-4. This rule, which implements Section 19(b) of the Securities Exchange Act, requires Self-Regulatory Organizations (SROs) to file proposed rule changes, including those for designated clearing agencies and security-based swap submissions, on Form 19b-4. The SEC uses this information to determine if proposed rule changes are consistent with the Act.

This action is a procedural request to continue an existing information collection process and does not introduce new obligations or substantive changes to the rule itself. The SEC estimates the annual reporting burden for SROs, including filing and website posting of rule changes, to be substantial. Regulated entities, primarily SROs, should be aware that the SEC is seeking to maintain this collection of information, which is integral to the oversight of SRO rule changes.

Source document (simplified)

Content

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 (44 U.S.C. § 3501 et seq.), the Securities and Exchange Commission (SEC or “Commission”) is submitting to the Office of Management and Budget (OMB)
this request for an extension of the proposed collection of information Section 19(b) of the Act (15 U.S.C. 78s(b)) requires
each self-regulatory organization (“SRO”) to file with the Commission copies of any proposed rule, or any proposed change
in, addition to, or deletion from the rules of such SRO. Rule 19b-4 implements the requirements of Section 19(b) by requiring
the SROs to file their proposed rule changes on Form 19b-4 and by clarifying which actions taken by SROs are subject to the
filing requirement set forth in Section 19(b). Rule 19b-4(n) requires a designated clearing agency to provide the Commission
advance notice (“Advance Notice”) of any proposed change to its rules, procedures, or operations that could materially affect
the nature or level of risks presented by such clearing agency. Rule 19b-4(o) requires a registered clearing agency to submit
for a Commission determination any security-based swap, or any group, category, type, or class of security-based swaps it
plans to accept for clearing (“Security-Based Swap Submission”), and provide notice to its members of such submissions.

The collection of information is designed to provide the Commission with the information necessary to determine, as required
by the Act, whether the proposed rule change is consistent with the Act and the rules thereunder. The information is used
to determine if the proposed rule change should be approved, disapproved, suspended, or if proceedings should be instituted
to determine whether to approve or disapprove the proposed rule change.

The respondents to the collection of information are SROs (as defined by Section 3(a)(26) of the Act), (1) including national securities exchanges, national securities associations, registered clearing agencies, notice registered
securities future product exchanges, and the Municipal Securities Rulemaking Board.

In calendar year 2024, each respondent filed an average of approximately 41 proposed rule changes. Each filing takes approximately
41 hours to complete on average. Thus, the total annual reporting burden for filing proposed rule changes with the Commission
is 75,645 hours (41 proposals per year × 45 SROs × 41 hours per filing) for the estimated future number of 45 SROs. (2) In addition to filing their proposed rule changes with the Commission, the respondents also are required to post each of their
proposals on their respective websites, a process that takes approximately four hours to complete per proposal. Thus, the
total annual reporting burden on respondents to post the proposals on their websites is 7,380 hours (41 proposals per year
× 45 SROs × 4 hours per filing) for the estimated future number of 45 SROs. Further, the respondents are required to update
their rulebooks, which they maintain on their websites, to reflect the changes that they make in each proposal they file.
The total annual reporting burden for updating online rulebooks is 4,496 hours ((1,719 filings per year −590 withdrawn filings (3) −5 disapproved filings (4)) × 4 hours). Finally, a respondent is required to notify the Commission if it does not post a proposed rule change on its
website on the same day that it filed the proposal with the Commission. The Commission estimates that SROs will fail to post
proposed rule changes on their websites on the same day as the filing 17 times a year (across all SROs), and that each SRO
will spend approximately one hour preparing and submitting such notice to the Commission, resulting in a total annual burden
of 17 hours (17 notices × 1 hour per notice). There are no estimated external costs in connection with informing the Commission
of the date on which it posted a proposed rule change on its website (if the posting did not occur on the same day that the
SRO filed the proposal with the Commission).

Designated clearing agencies have additional information collection burdens. As noted above, pursuant to Rule 19b-4(n), a
designated clearing agency must file with the Commission an Advance Notice of any proposed change to its rules, procedures,
or operations that could materially affect the nature or level of risks presented by such designated clearing agency. The
Commission estimates, based on historical rulemaking data that each designated clearing agency submitting Advance Notices
will each submit two Advance Notices per year, with each submission taking 90 hours to complete. The total annual reporting
burden for filing Advance Notices is therefore 720 hours (4 designated clearing agencies × 2 Advance Notices per year × 90
hours per response). The above information collection has an estimated external cost burden. The Commission estimates that
each designated clearing agency will require 40 hours of outside legal work to prepare, review, and electronically file each
Advance Notice with the Commission. Assuming an hourly cost of $462 for an outside attorney, the total annual cost for the
four clearing agencies to meet these requirements will be $147,840 (four designated clearing agencies × two Advance Notice
filings per year × 40 hours per response × $462 per hour for an outside attorney).

Designated clearing agencies are required to post all Advance Notices to their websites, each of which takes approximately
four hours to complete. For eight Advance Notices, the total annual reporting burden for posting them to respondents' websites
is 32 hours (4 designated clearing agencies × 2 Advance Notices per year × 4 hours per website posting). Respondents are required
to update the postings of those Advance Notices that become effective, each of which takes approximately four hours to complete.
The total annual reporting burden for updating Advance Notices on the respondents' websites is 32 hours (4 designated clearing
agencies × 2 Advance Notices per year × 4 hours per website posting). There are no estimated external costs in connection
with (i) the posting of Advance Notices on their websites, or (ii) the posting of notices of changes to rules, procedures
or operations referred to in Advance Notices.

Pursuant to Rule 19b-4(n)(5), the respondents are also required to provide copies of all materials submitted to the Commission
relating to an Advance Notice to the Board of Governors of the Federal Reserve System (“Board”) contemporaneously with such
submission to the Commission, which is estimated to take two hours. The total annual reporting burden for designated clearing
agencies to meet this requirement is 16 hours (4 designated clearing agencies × 2 Advance Notices per year × 2 hours per response).
There are no estimated external costs in connection with the requirement to provide to the Board copies of all materials submitted
to the Commission relating to an Advance Notice contemporaneously with such submission to the Commission.

The Commission estimates that two security-based swap clearing agencies will each submit 13 Security-Based Swap Submissions
per year, with each submission taking 140 hours to complete resulting in a total annual reporting burden of 3,640 hours (2
respondent clearing agencies × 13 Security-Based Swap Submissions per year × 140 hours per response). Respondent clearing
agencies are required to post all Security-Based Swap Submissions to their websites, each of which takes approximately four
hours to complete. For 13 Security-Based Swap Submissions, the total annual reporting burden for posting them to the two respondents'
websites is 104 hours (2 respondent clearing agencies × 13 Security-Based Swap Submissions per year × 4 hours per website
posting). The above information collection has an estimated external cost burden. The Commission estimates that each clearing
agency will require 60 hours of outside legal work to prepare, review, and submit a Security-Based Swap Submission. Assuming
an hourly cost of $462 for an outside attorney, the total annual cost in the aggregate for the two clearing agencies to meet
these requirements will be $720,720 (2 respondent clearing agencies × 13 Security-Based Swap Submissions per year × 60 hours
per response × $462 per hour for an outside attorney).

In addition, two clearing agencies that have not previously posted Security-Based Swap Submissions on their websites may need
to update their existing websites to post such filings online. The Commission estimates that each of these two clearing agencies
would spend approximately 15 hours updating their existing websites, resulting in a total one-time burden of 30 hours (2 respondent
clearing agencies × 15 hours per website update) or 10 hours annualized over three years. There are no estimated external
costs in connection with creating or updating their existing websites in order to provide the capability to post Security-Based
Swap Submissions, Advance Notices, or proposed rule changes on their websites.

Respondent SROs will also have to provide training to staff members using the Electronic Form 19b-4 Filing System (“EFFS”)
to submit Security-Based Swap Submissions, Advance Notices, and/or proposed rule changes electronically. The Commission estimates
that two anticipated national securities exchanges will spend approximately 60 hours training all staff members who will use
EFFS to submit Security-Based Swap Submissions, Advance Notices, and/or proposed rule changes electronically, or 20 hours
annualized over three years. The Commission also estimates that these newly-registered and anticipated SROs will have a one-time
burden of 260 hours to draft and implement internal policies and procedures for using EFFS to make these submissions, or 87
hours annualized over three years. The Commission estimates that each of the 45 respondents will spend 10 hours each year
training new compliance staff members and updating the training of existing compliance staff members to use EFFS, for a total
annual burden of 450 hours (45 respondent SROs × 10 hours). There are no estimated external costs in connection with (i) drafting
and implementing internal policies and procedures relating to using EFFS to submit Security-Based Swap Submissions, Advance
Notices, and/or proposed rule changes with the Commission, or (ii) training personnel about the procedures for submitting
Security-Based Swap Submissions and/or Advance Notices in electronic format through EFFS.

In connection with Security-Based Swap Submissions, counterparties may apply for a stay from a mandatory clearing requirement
under Rule 3Ca-1. The Commission estimates that each clearing agency will submit four applications for stays from a clearing
requirement per year and it will take approximately 18 hours to retrieve, review, and submit each application. Thus, the total
annual reporting burden for the Rule 3Ca-1 stay of clearing requirement would be 144 hours (2 respondent clearing agencies
× 4 stay of clearing applications per year × 18 hours to retrieve, review, and submit the stay of clearing information). The
above information collection has estimated external cost burdens. The Commission estimates that a clearing agency will require
seven hours of outside legal work to retrieve, review, and submit the information associated with the stay of the clearing
requirement. The Commission also estimates that each clearing agency will be required to provide information requested by
the Commission in the course of its reviews of five requests for a stay of the clearing requirement. Assuming an hourly cost
of $462 for an outside attorney, the total estimated annual cost in the aggregate for the two clearing agencies to meet these
requirements will be $25,872 (2 respondent clearing agencies × 4 stay of clearing applications per year × 7 hours per response
× $462 per hour for an outside attorney) (this was previously noticed as $32,340, as the number of stay applications had not
been adjusted from the previous estimate of 5 to the current estimate of 4). The Commission also estimates that 100 hours
of outside legal counsel would be required by a counterparty to a security-based swap to prepare and submit an application
requesting a stay of the clearing requirement. Assuming an hourly cost of $462 for an outside attorney, the total annual cost
in the aggregate for the respondent counterparties to meet these requirements will be $369,600 (2 respondent clearing agencies
× 4 stay of clearing applications per year × 100 hours per response × $462 per hour for an outside attorney.

Based on the above, the total estimated annual response burden pursuant to Rule 19b-4 and Form 19b-4 is the sum of the total
annual reporting burdens for filing proposed rule changes, Advance Notices, and Security-Based Swap Submissions; training
staff to file such proposals; drafting, modifying, and implementing internal policies and procedures for filing such proposals;
posting each proposal on the respondents' websites; updating websites to enable posting of proposals; updating the respondents'
online rulebooks to reflect the proposals that became effective; submitting copies of Advance Notices to the Board; and applying
for stays from clearing requirements, which is 92,876 hours. The total estimated external cost burden for the above information
collection is $1,264,032.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays
a currently valid OMB Control Number.

The public may view and comment on this information collection request at: https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202512-3235-029 or email comment to MBX.OMB.OIRA.SECdeskofficer@omb.eop.gov within 30 days of the day after publication of this notice, by April 13, 2026.

Dated: March 11, 2026. Vanessa A. Countryman, Secretary. [FR Doc. 2026-04959 Filed 3-12-26; 8:45 am] BILLING CODE 8011-01-P

Footnotes

(1) 15 U.S.C. 78c(a)(26).

(2) Currently, there are 42 SROs, though not all of those SROs filed a proposed rule change in 2024. The Commission expects three
additional respondents to register during the three-year period for which this Paperwork Reduction Act extension is applicable
(one as a registered clearing agency and two as national securities exchanges), bringing the total number of respondents to
45.

(3) For 43 SROs, 274 withdrawn filings equal approximately 6.37 filings per SRO. For 45 SROs, the figure would increase to 293
withdrawn filings.

(4) For 43 SROs, 20 disapproved filings equal approximately 0.47 filings per SRO. For 45 SROs, the figure would increase to 22
disapproved filings.

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Classification

Agency
Various Federal Agencies
Instrument
Notice
Legal weight
Binding
Stage
Final
Change scope
Minor

Who this affects

Applies to
Government agencies
Geographic scope
National (US)

Taxonomy

Primary area
Securities
Operational domain
Compliance
Topics
Rulemaking Information Collection

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