View Information Collection Request (ICR) Package
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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:
3235-0670
ICR Reference No:
201005-3235-005
Status:
Historical Active
Previous ICR Reference No:
Agency/Subagency:
SEC
Agency Tracking No:
TM-270-606
Title:
Rules 201 and 200(g)
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:
Approved without change
Conclusion Date:
11/09/2010
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/05/2010
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2013
36 Months From Approved
Responses
12,900,065,142
0
0
Time Burden (Hours)
4,904,520
0
0
Cost Burden (Dollars)
287,570,000
0
0
Abstract:
Rule 201 is a short sale-related circuit breaker rule that, when triggered by an intra-day decline in the price of a covered security of 10% or more from the prior days closing price for the covered security as determined by the covered securitys listing market, will apply for the remainder of the day and the following day a price test restriction that restricts short sales at or below the current national best bid for the particular covered security. Rule 200(g) will add a new marking requirement of short exempt. In particular, if the broker-dealer chooses to rely on its own determination that it is submitting the short sale order to the trading center at a price that is above the current national best bid at the time of the submission, or to rely on an exception specified in the rule, it must mark the order as short exempt.
Authorizing Statute(s):
US Code:
15 USC 78b, 78c(b), 78f, 78i(h), 78j
Name of Law: Sections 2, 3(b), 6, 9(h), 10 of the Exchange Act
US Code:
15 USC 78k-1, 78o, 78o-3, 78q, 78q-1
Name of Law: Sections 11A, 15, 15A, 17, 17A of the Exchange Act
US Code:
15 USC 78s and 78w(a)
Name of Law: Sections 19 and 23(a) of the Exchange Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3235-AK22
Final or interim final rulemaking
75 FR 11232
03/10/2010
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
3
IC Title
Form No.
Form Name
Exchange Act Rule 200(g): Marking Requirements
Exchange Act Rule 201(c) and 201(d)(6): Policies and Procedure Requirement under the Broker-Dealer and Riskless Principal Provisions
Proposed Rule 201: Policies and Procedures Requirement under Rule 201
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
12,900,065,142
0
0
12,900,065,142
0
0
Annual Time Burden (Hours)
4,904,520
0
0
4,904,520
0
0
Annual Cost Burden (Dollars)
287,570,000
0
0
287,570,000
0
0
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:
This is an amendment to Rule 200(g) that results in a new collection of information. The information collected will also enable the Commission and SROs to examine for compliance with the requirements of these provisions. The total approximate estimated annual hour burden per year is 4,904,520 burden hours.
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:
Katrina Wilson 2025515927
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:
08/05/2010
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