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:
3235-0202
ICR Reference No:
202303-3235-044
Status:
Active
Previous ICR Reference No:
202201-3235-016
Agency/Subagency:
SEC
Agency Tracking No:
TM-270-196
Title:
Rule 15c2-11, 17 CRF 240.15c2-11 (Publication or submission of quotations without current information)
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
08/11/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
06/16/2023
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
08/31/2026
36 Months From Approved
08/31/2023
Responses
5,540
0
5,162
Time Burden (Hours)
980,529
0
403,411
Cost Burden (Dollars)
0
0
0
Abstract:
Rule 15C2-11 (the "Rule") governs the publication of quotations for securities in a quotation medium other than a national securities exchange, i.e., over-the-counter (“OTC”) securities. The Commission adopted amendments to modernize the Rule, promote investor protection, and curb incidents of fraud and manipulation by, among other things: requiring information about issuers to be current and publicly available for broker-dealers to quote their securities in the OTC market; narrowing reliance on certain exceptions from the Rule’s requirements, including the piggyback exception; adding new exceptions for the quotations of securities that may be less susceptible to fraud and manipulation; removing obsolete provisions; adding new definitions; and making technical amendments.
Authorizing Statute(s):
US Code:
15 USC 78o(c)(2) and 78w
Name of Law: Sections 15(c)(2) and 23(a) of the 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
60-day Notice:
Federal Register Citation:
Citation Date:
88 FR 21731
04/11/2023
30-day Notice:
Federal Register Citation:
Citation Date:
88 FR 39497
06/16/2023
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
11
IC Title
Form No.
Form Name
Recordkeeping Associated with the initial publication or submission of a Quotation in a Quotation Medium
Recordkeeping obligations for the exceptions under paragraph (f)(5) – ADTV Test
Recordkeeping obligations for the exceptions under paragraph (f)(5) – Asset Test
Recordkeeping obligations of broker-dealers relying on a qualified IDQS complying with information review requirement pursuant to paragraph (a)(1)(ii)
Recordkeeping obligations of broker-dealers relying on publicly available determinations by qualified IDQSs or registered national securities associations pursuant to paragraph (d)(2)(ii)
Recordkeeping obligations regarding determining shell status under the provision in paragraph (f)(3)(i)(B)
Recordkeeping obligations regarding frequency of a priced bid or offer quotation under paragraph (f)(3)(i)(A)
Recordkeeping obligations regarding trading suspensions under the provision in paragraph (f)(3)(i)(B)
Recordkeeping obligations related to the creation of reasonable written policies and procedures under paragraph (a)(3)
Recordkeeping obligations under unsolicited quotation exception under paragraph (f)(2)
Recordkeeping when relying on an exception under paragraph (f), that paragraph (b) information is current and publicly available
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
5,540
5,162
0
0
378
0
Annual Time Burden (Hours)
980,529
403,411
0
0
577,118
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
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 total aggregate annual hour burden for the collection of information pursuant to the Rule increased from 403,411 hours estimated in the previous submission (reflecting calendar year (“CY”) 2019) to 980,529 hours in this submission (reflecting CY2022). This increase is largely due to increases in the numbers of: (i) respondents subject to burdens associated with the information collection under the Rule (from 82 in CY2019 to 88 in CY2022); (ii) unique OTC securities with at least one published quotation (from 11,542 in CY2019 to 15,449 in CY2022); (iii) unique companies with an OTC security quoted at least once (from 9,895 in CY2019 to 13,214 in CY2022); and (iv) quotations published in reliance on the unsolicited quotation exception in the Rule (from 5,782,286 in CY2019 to 32,277,229 in CY2022).
Annual Cost to Federal Government:
$0
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]?
No
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:
Patrice Pitts 202 551-2151
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:
06/16/2023
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