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:
3235-0762
ICR Reference No:
202206-3235-017
Status:
Historical Active
Previous ICR Reference No:
201906-3235-018
Agency/Subagency:
SEC
Agency Tracking No:
TM-270-808
Title:
Regulation BI- Best Interest
Type of Information Collection:
Reinstatement without change of a previously approved collection
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
04/30/2023
OIRA Conclusion Action:
Approved without change
Conclusion Date:
11/17/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/15/2022
Terms of Clearance:
In response to the emergency request memorandum submitted by the SEC on 11/15/2022, OIRA is approving the Commission's request for emergency approval of this OMB control number for a period of six months. This action is necessary to reinstate this OMB control number. Prior to the expiration of this package in six months, SEC shall undertake standard PRA notice and comment procedures.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2023
6 Months From Approved
Responses
61,019,748
0
0
Time Burden (Hours)
2,568,434
0
0
Cost Burden (Dollars)
12,085,860
0
0
Abstract:
Regulation BI established a standard of conduct for broker-dealers and natural persons who are associated persons of a broker-dealer when making a recommendation of any securities transaction or investment strategy involving securities to a retail customer.
Emergency Justfication:
The SEC’s Internal Sharepoint System that they use to track and process all of their PRA’s failed resulting in the 30 and 60 Day Notices not being sent to the Federal Register for timely Publishing, therefore the ICR Expiration Date was missed. An Emergency Reinstatement Request Memo signed by the CIO is attached to this Submission. Please reach out for any questions, concerns. Thank You. – John Pezzullo (SEC (202) 551-8118
Authorizing Statute(s):
PL:
Pub.L. 111 - 203 913(f)
Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act
US Code:
15 USC 78(o)
Name of Law: Securities Exchange Act of 1934
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
19
IC Title
Form No.
Form Name
IC1 - Dually-registered BDs (Disclosure of Capacity)
IC10 - Small BDs (Disclosure of Conflicts of Interest)
IC11 - Large BDs (Disclosure of Conflicts of Interest)
IC12 - All BDs (Delivery of the Conflict Disclosure)-- Initial One-Time Burden
IC13 - All BDs (Delivery of the Updated Conflict Disclosure)-- Ongoing
IC14 - Written Policies and Procedures (Small Broker-Dealers)
IC15 - Written Policies and Procedures (Large Broker-Dealers)
IC16 - Identification of Conflicts of Interests (All Broker-Dealers)
IC17 -- Compliance Obligation Written Policies and Procedures (Small BDs)
IC18 - Compliance Obligation Written Policies and Procedures (Large BDs)
IC19 - Training-- Implement Training (All BDs)
IC2 - Small BDs (Disclosure of Type & Scope of Services)
IC3 - Large BDs (Disclosure of Type & Scope of Services)
IC4 - All BDs (Delivery of the Account Discl. Document)-- Initial One-Time
IC5 - All BDs (Delivery of the Account Discl. Document)-- Ongoing
IC6 - Small BDs (Disclosure of Fees and Costs)
IC7 - Large BDs (Disclosure of Fees and Costs)
IC8 - All BDs (Delivery of the Fee Schedule)-- Initial One-Time Burden
IC9 - All BDs (Delivery of the Fee Schedule)-- Ongoing
Training-- Module Development (All BDs)
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
61,019,748
0
0
0
-306,200,507
367,220,255
Annual Time Burden (Hours)
2,568,434
0
0
0
-2,357,873
4,926,307
Annual Cost Burden (Dollars)
12,085,860
0
0
0
-45,373,165
57,459,025
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:
The Commission has updated its previous burden and costs estimates to reflect: (i) changes in the number of broker-dealers since the last estimate (e.g., the number of small BDs went down from 756 to 733, the number of large BDs went down from 2,010 to 1,950, and the number of dually-registered BDs went down from 563 to 546); (ii) changes in costs of certain services since the last estimate (e.g., the cost of Outside Counsel services for BDs went up from $497 per hour to $518 per hour, the cost of Senior Compliance Examiners for BDs went up from $237 per hour to $264 per hour, and the cost of Compliance Managers for BDs went up from $309 per hour to $344 per hour); and (iii) the elimination from the last estimate of the initial start-up costs, which were a one-time occurrence because it was a newly adopted rule.
Annual Cost to Federal Government:
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]?
Yes
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Daniel Fisher 202 551-5931
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:
11/15/2022
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