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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3235-0085
ICR Reference No:
201608-3235-004
Status:
Historical Inactive
Previous ICR Reference No:
201406-3235-016
Agency/Subagency:
SEC
Agency Tracking No:
TM-270-094
Title:
Exchange Act Rule 17a-11: Notification Provisions for Brokers and Dealers (17 CFR 240.17a-11)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule and continue
Conclusion Date:
10/28/2016
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/23/2016
Terms of Clearance:
Pending comments on proposed rule; revisit for final rule.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
07/31/2017
36 Months From Approved
11/30/2017
Responses
546
0
546
Time Burden (Hours)
737
0
737
Cost Burden (Dollars)
0
0
0
Abstract:
Rule 17a-11 was adopted in 1971 to provide advance warning and information regarding brokers and dealers that are experiencing financial or operational difficulties.
Authorizing Statute(s):
US Code:
15 USC 78q(a)
Name of Law: Securities Exchange Act
US Code:
15 USC 78w(a)
Name of Law: Securities Exchange Act
US Code:
15 USC 78o(c)(3)
Name of Law: Securities Exchange Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3235-AL45
Proposed rulemaking
79 FR 25193
05/02/2014
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
5
IC Title
Form No.
Form Name
Rule 17a-11 - amendment 1 to (c)(5)
Rule 17a-11 - amendment 2 to (c)(5)
Rule 17a-11 - amendment to (b)(1)
Rule 17a-11(b)–(f) – Notification Provisions for Broker and Dealers
Rule 17a-11(c)(5) – Monthly Stock Loan/Borrow Notice
Rule 17a-11(e) – Notice of Insufficient Liquidity Reserve
Rule 17a-11(f) – Notice of Failure to Deposit in Rule 18a-4 Account
Rule 17a-11(g) – Notices Filed by Exchanges and National Securities Associations
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:
The annual ongoing hour burden of 880 hours reflects a143 hour increase from the current OMB inventory of 737 hours. This change reflects an additional 111 hours due to the proposed amendments to Rule 17a-11 described in the SBS Recordkeeping Release and an increase of 32 hours in the number of notices received by the Commission under the currently existing rule (from 465 notices to 497 notices).
Annual Cost to Federal Government:
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
Agency Contact:
Valentina Deng 202 551-5778
Common Form ICR:
No
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:
08/23/2016
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