Rule 17a-3; Records to be Made by Certain Exchange Members, Brokers and Dealers

Forms and Documents

Document Name	Status
Rule_17a-3_Supporting_Statement_Version_D_(2)[1].pdf Supporting Statement A	2013-09-12

IC Document Collections

IC ID	Document Title	Status
34094	Rule 17a-3; Records to be Made by Certain Exchange Members, Brokers and Dealers	Modified
208461	Rule 17a-3(a)(23) Part II	New
208460	Rule 17a-3(a)(23) Part I	New
208459	Rule 17a-3(a)(17)	New
208456	Rule 17a-3(a)(20-22)	New
208455	Rule 17a-3(a)(12, 19)	New

ICR Details

OMB Control No: 3235-0033	ICR Reference No: 201309-3235-004
Status: Historical Active	Previous ICR Reference No: 201102-3235-019
Agency/Subagency: SEC	Agency Tracking No: TM-240-026
Title: Rule 17a-3; Records to be Made by Certain Exchange Members, Brokers and Dealers
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/28/2013
	Date Received in OIRA: 09/12/2013
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2016	36 Months From Approved	05/31/2014
Responses	19,835	0	5,057
Time Burden (Hours)	2,731,257	0	2,723,970
Cost Burden (Dollars)	16,977,793	0	34,202,837

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Abstract: Rule 17a-3 requires certain records to be made by certain exchange members and registered brokers and dealers. The rule serves to standardize prudent business practices. Among other things, these records are essential for regulatory purposes including examinations, investigations, and enforcement proceedings, which are significant customer protection safeguards.

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Authorizing Statute(s): US Code: 15 USC 78b, 78c, 78o, 78o-4, 78q, 78w Name of Law: Sections 2, 3, 15, 15B, 17 and 23 of the Securities Exchange Act of 1934.
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AJ85	Final or interim final rulemaking	78 FR 51824	08/21/2013

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 6

IC Title	Form No.	Form Name
Rule 17a-3(a)(23) Part I
Rule 17a-3(a)(23) Part II
Rule 17a-3; Records to be Made by Certain Exchange Members, Brokers and Dealers
Rule 17a-3(a)(12, 19)
Rule 17a-3(a)(20-22)
Rule 17a-3(a)(17)

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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	19,835	5,057	0	14,778	0	0
Annual Time Burden (Hours)	2,731,257	2,723,970	0	7,287	0	0
Annual Cost Burden (Dollars)	16,977,793	34,202,837	0	-17,225,044	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The changes in burden occurred due to changes in the number of broker-dealers, as well as the adoption of the July 30, 2013 amendments to the broker-dealer financial responsibility rules (Financial Responsibility Rules for Broker-Dealers, Securities Exchange Act Release No. 70072 (July 30, 2013), 78 FR 51824 (Aug. 21, 2013)), which address several areas of concern regarding these rules. Specifically, the amendment to Rule 17a-3 requires certain large broker-dealers to document their credit, liquidity and market risk management controls.

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Annual Cost to Federal Government: $0

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

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Common Form ICR:  No

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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: 09/12/2013

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