View Information Collection Request (ICR) Package

OMB Control No: 3235-0123	ICR Reference No: 202305-3235-030
Status: Historical Inactive	Previous ICR Reference No: 202107-3235-022
Agency/Subagency: SEC	Agency Tracking No: TM-270-155
Title: Rule 17a-5, Form X-17A-5 (FOCUS REPORT)
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	Conclusion Date: 07/25/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 06/01/2023
Terms of Clearance: Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. The agency shall examine public comment in response to the NPRM and will describe in the supporting statement of its next collection any public comments received regarding the collection as well as why (or why it did not) incorporate the commenter’s recommendation. The next submission to OMB must include the draft final rule.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		10/31/2023	10/31/2023
Responses	0	0	36,557
Time Burden (Hours)	0	0	336,034
Cost Burden (Dollars)	0	0	35,287,129

Abstract: Securities Exchange Act Rule 17a-5 is a reporting rule for broker-dealers. Paragraph (a) of Rule 17a-5 requires broker-dealers to file Form X-17A-5, the Financial and Operational Combined Uniform Single Report (“FOCUS Report”). Paragraph (c) of Rule 17a-5 requires broker-dealers to furnish certain financial information to customers. Paragraph (d) of Rule 17a-5 requires broker-dealers, subject to limited exception, to file annual reports, including financial statements and supporting schedules that generally must be audited by a PCAOB-registered independent public accountant in accordance with PCAOB standards. Paragraph (h) of Rule 17a-5 contains notification requirements related to certain findings made during the course of the independent accountant’s audit. Paragraph (k) of Rule 17a-5 pertains to supplemental reports to be filed by broker-dealers that compute certain capital charges in accordance with Appendix E to Exchange Act Rule 15c3-1. Paragraph (p) of Rule 17a-5 provides that OTC derivatives dealers may comply with Rule 17a-5 by complying with Exchange Act Rule 17a-12.

Authorizing Statute(s): US Code: 15 USC 78a 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:
3235-AL85	Proposed rulemaking	88 FR 23920	04/18/2023

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

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 Commission recently proposed to amend Rule 17a-5 to require annual audited reports and related annual filings to be filed electronically in Inline XBRL through the Commission’s EDGAR system (this was part of a larger rulemaking proposing to amend several Commission rules). The proposal would add new hour and cost burdens, and would eliminate some cost burdens associated with making filings in paper. The revisions to the burdens are discussed in more detail in the attached Supporting Statement. NOTE that we have also modified to ICs 15 through 18 to remove the word "New" from the IC Title, since they were previously approved, but we have not made any other changes to those ICs.

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: Valentina Deng 202 551-5778

View ICR - OIRA Conclusion