OMB.report

Federal forms, ICRs, and supporting documents

Information Collection Request

Rule 204

ICR 202410-3235-002 · OMB 3235-0647 · Received in OIRA

Forms and Documents
Document
Name
Status
Supplementary Document
2024-12-26
Supplementary Document
2024-12-18
Supporting Statement A
2024-10-15
IC Document Collections
IC ID
Document
Title
Status
190781
Modified
190780
Modified
190779
Modified
190778
Modified
186911
Modified
ICR Details
3235-0647 202410-3235-002
Received in OIRA 202112-3235-002
SEC TM-270-586
Rule 204
Extension without change of a currently approved collection   No
Regular 12/26/2024
  Requested Previously Approved
36 Months From Approved 03/31/2025
9,414,765 8,487,475
1,506,165 1,357,997
0 0
Rule 204 is intended to help further the Commission’s goal of reducing fails to deliver by maintaining the reductions in fails to deliver achieved by the adoption of temporary Rule 204T, as well as other actions taken by the Commission. In addition, Rule 204 is intended to help further the Commission’s goal of addressing abusive ‘‘naked’’ short selling in all equity securities. The information collected will continue to assist the Commission and self-regulatory organizations in monitoring whether or not participants of a registered clearing agency, and the broker-dealers from which they receive trades for clearance and settlement, are complying with the close-out and borrowing requirements of the rule.
US Code: 15 USC 78b, 78i(h), 78j, 78k-1, 78o, Name of Law: Sections 2, 9(h), 10, 11A, 15, 17, 17A, 19 and 23(a) of the Exchange Act
   US Code: 15 USC 78q, 78q-1, 78w(a)
  
US Code: 15 USC 78b, 78c(b), 78f, 78i(h), 78j Name of Law: Sections 2, 3(b), 6, 9(h), 10 of the Securities Exchange Act of 1934
US Code: 15 USC 78k-1, 78o, 78o-3, 78q, 78q-1 Name of Law: Sections 11A, 15, 15A, 17, 17A of the Securities Exchange Act of 1934
US Code: 15 USC 78s and 78w(a) Name of Law: Sections 19 and 23(a) of the Securities Exchange Act of 1934
Not associated with rulemaking
  89 FR 83930 10/18/2024
89 FR 105152 12/26/2024
No
  Total Request 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 9,414,765 8,487,475 0 0 927,290 0
Annual Time Burden (Hours) 1,506,165 1,357,997 0 0 148,168 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No
In 2023, the total aggregate annual record keeping and third-party disclosure burden for the collection of information undertaken pursuant to the notification, demonstration, and certification requirements of Rule 204 is 1,506,165 hours per year (337,348 + 156,038 + 338,083+ 337,348 + 337,348). In 2020, the total aggregate annual record keeping and third-party disclosure burden for the collection of information undertaken pursuant to the notification, demonstration, and certification requirements of Rule 204 was 1,357,997 hours per year (301,864 + 149,088 + 303,317 + 301,864 + 301,864). The increase in total aggregate burden hours from 1,357,997 to 1,506,165 is largely due to an increase in the number of average daily fail to deliver positions from 7,450 during 2020 to 8,378 in 2023.
$0
No
    No
    No
No
No
No
No
Brendon McLeod 202 551-4537
  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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
12/26/2024