Rule 13h-1 – Large Trader Reporting System

Forms and Documents

Document Name	Status
Form SEC 13H Rule 13h-1 - Large Traders Form and Instruction	Modified
Large Trader Supporting Statement.pdf Supporting Statement A	2011-08-15

IC Document Collections

IC ID	Document Title	Status
193893	Rule 13h-1 - Broker-Dealer Reporting	Modified
193892	Rule 13h-1 - Broker-Dealer Monitoring	Modified
193891	Rule 13h-1 - Broker-Dealer Recordkeeping	Modified
193890	Rule 13h-1 - Large Traders Form and Instruction	Modified

ICR Details

OMB Control No: 3235-0682	ICR Reference No: 201108-3235-011
Status: Historical Active	Previous ICR Reference No: 201007-3235-024
Agency/Subagency: SEC	Agency Tracking No: TM-270-614
Title: Rule 13h-1 – Large Trader Reporting System
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 with change	Conclusion Date: 11/15/2011
	Date Received in OIRA: 08/15/2011
Terms of Clearance: Privacy Act statement included on instrument.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2014	36 Months From Approved
Responses	32,200	0	0
Time Burden (Hours)	116,900	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: The Securities and Exchange Commission ("Commission") is adopting new Rule 13h-1 and Form 13H under Section 13(h) of the Securities Exchange Act of 1934 ("Exchange Act") to establish large trader reporting requirements. The rule is intended to assist the Commission in identifying and obtaining certain baseline trading information about traders that conduct a substantial amount of trading activity, as measured by volume or market value, in the U.S. securities markets. In essence, a "large trader" will be defined as a person whose transactions in NMS securities equal or exceed (i) two million shares or $20 million during any calendar day, or (ii) 20 million shares or $200 million during any calendar month. The large trader reporting regime is designed to facilitate the Commission's ability to assess the large trader activity on the securities markets, to reconstruct trading activity following periods of unusual market volatility, and to analyze significant market events for regulatory purposes. It also should enhance the Commission's ability to detect and deter fraudulent and manipulative activity and other trading abuses, and should provide the Commission with a valuable source of useful data to study markets and market activity. The identification, recordkeeping, and reporting system will provide the Commission with a mechanism to identify large traders and their affiliates, accounts, and transactions. Specifically, Rule 13h-1 will require large traders to identify themselves to the Commission and make certain disclosures to the Commission on Form 13H. Upon receipt of Form 13H, the Commission will issue a unique identification number to the large trader, which the large trader will then provide to its registered broker-dealers. Registered broker-dealers will be required to maintain transaction records for each large trader, and will be required to report that information to the Commission upon request. In addition, certain registered broker-dealers subject to Rule 13h-1 will be required to perform limited monitoring of their customers' accounts for activity that may trigger the large trader identification requirements of Rule 13h-1.

---

Authorizing Statute(s): US Code: 15 USC 78m and 78w Name of Law: Sections 13(h) and 23(a) of the Securities Exchange Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AK55	Final or interim final rulemaking	76 FR 46960	08/03/2011

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

---

Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Rule 13h-1 - Large Traders	SEC 13H	Form 13H
Rule 13h-1 - Broker-Dealer Monitoring
Rule 13h-1 - Broker-Dealer Recordkeeping
Rule 13h-1 - Broker-Dealer Reporting

---

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	32,200	0	0	32,200	0	0
Annual Time Burden (Hours)	116,900	0	0	116,900	0	0
Annual Cost Burden (Dollars)	0	0	0	0	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 new information collection will add an estimated annual time burden of 116,900 hours to the agency's annual information collection budget.

---

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

---

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: 08/15/2011

---