Rules 201 and 200(g)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Rule 201 Final Federal Register Version.pdf	Supporting Statement B	Uploaded 2010-05-05	Available
PRA Supporting Statement for Rules 201 and 200(g) v 10.doc	Supporting Statement A	Uploaded 2010-10-06	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
194114	Exchange Act Rule 200(g): Marking Requirements		New
194113	Exchange Act Rule 201(c) and 201(d)(6): Policies and Procedure Requirement under the Broker-Dealer and Riskless Principal Provisions		New
192813	Proposed Rule 201: Policies and Procedures Requirement under Rule 201		New

ICR Details

OMB Control No: 3235-0670	ICR Reference No: 201005-3235-005
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: SEC	Agency Tracking No: TM-270-606
Title: Rules 201 and 200(g)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/09/2010
	Date Received in OIRA: 08/05/2010
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2013	36 Months From Approved
Responses	12,900,065,142	0	0
Time Burden (Hours)	4,904,520	0	0
Cost Burden (Dollars)	287,570,000	0	0

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Abstract: Rule 201 is a short sale-related circuit breaker rule that, when triggered by an intra-day decline in the price of a covered security of 10% or more from the prior day’s closing price for the covered security as determined by the covered security’s listing market, will apply for the remainder of the day and the following day a price test restriction that restricts short sales at or below the current national best bid for the particular covered security. Rule 200(g) will add a new marking requirement of “short exempt.” In particular, if the broker-dealer chooses to rely on its own determination that it is submitting the short sale order to the trading center at a price that is above the current national best bid at the time of the submission, or to rely on an exception specified in the rule, it must mark the order as “short exempt.”

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Authorizing Statute(s): US Code: 15 USC 78b, 78c(b), 78f, 78i(h), 78j Name of Law: Sections 2, 3(b), 6, 9(h), 10 of the Exchange Act
   US Code: 15 USC 78k-1, 78o, 78o-3, 78q, 78q-1 Name of Law: Sections 11A, 15, 15A, 17, 17A of the Exchange Act
   US Code: 15 USC 78s and 78w(a) Name of Law: Sections 19 and 23(a) of the Exchange Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AK22	Final or interim final rulemaking	75 FR 11232	03/10/2010

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

table that charts list of burden

IC Title	Form No.	Form Name
Proposed Rule 201: Policies and Procedures Requirement under Rule 201
Exchange Act Rule 200(g): Marking Requirements
Exchange Act Rule 201(c) and 201(d)(6): Policies and Procedure Requirement under the Broker-Dealer and Riskless Principal Provisions

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ICR Summary of Burden

table that charts list 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	12,900,065,142	0	0	12,900,065,142	0	0
Annual Time Burden (Hours)	4,904,520	0	0	4,904,520	0	0
Annual Cost Burden (Dollars)	287,570,000	0	0	287,570,000	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: No

Burden Reduction Due to:

Short Statement: This is an amendment to Rule 200(g) that results in a new collection of information. The information collected will also enable the Commission and SROs to examine for compliance with the requirements of these provisions. The total approximate estimated annual hour burden per year is 4,904,520 burden hours.

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Annual Cost to Federal Government:

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: 08/05/2010

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