Rule 17a-4; Records to be Preserved by Certain Exchange Members, Brokers and Dealers

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Rule 17a-4 Supporting Statement - Final 3-17-16.docx	Supporting Statement A	Uploaded 2016-03-17	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
34755	Rule 17a-4; Records to be Preserved by Certain Exchange Members, Brokers and Dealers		Modified
220669	ANC broker-dealers: Amendment to paragraph (b)(1)		New
220668	Broker-dealer SBSDs: Amendment to paragraph (b)(1)		New
220667	Broker-dealer SBSDs and broker-dealer MSBSPs: Amendment to paragraph (b)(1) and new paragraphs (b)(15) and (b)(16)		New
220666	Security-based swap activities: Amendments to paragraphs (b)(8)(v)-(viii) and new paragraphs (b)(8)(xvi) and (b)(14)		New
220665	Telephonic communications: Amendment to paragraph (b)(4)		New
209189	Paragraph (b)(11) of Rule 17a-4		Modified

ICR Details

OMB Control No: 3235-0279	ICR Reference No: 201603-3235-006
Status: Historical Inactive	Previous ICR Reference No: 201311-3235-003
Agency/Subagency: SEC	Agency Tracking No: TM-270-198
Title: Rule 17a-4; Records to be Preserved 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: Comment filed on proposed rule and continue	Conclusion Date: 05/10/2016
	Date Received in OIRA: 03/17/2016
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). 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. Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR). In accordance with 5 CFR 1320, OMB is withholding approval at this time. The agency shall examine public comment in response to the NPRM and will include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden. This action has no effect on any current approvals.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2016	36 Months From Approved	10/31/2016
Responses	4,814	0	4,814
Time Burden (Hours)	1,196,401	0	1,196,401
Cost Burden (Dollars)	23,545,000	0	23,545,000

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Abstract: Rule 17a-4 requires certain records to be maintained by certain exchange members and registered brokers and dealers.

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Authorizing Statute(s): PL: Pub.L. 111 - 203 764 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act
   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: US Code: 15 USC 78o-10 Name of Law: Securities Exchange Act of 1934

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AL45	Proposed rulemaking	79 FR 25193	05/02/2014

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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: 7

table that charts list of burden

IC Title	Form No.	Form Name
ANC broker-dealers: Amendment to paragraph (b)(1)
Rule 17a-4; Records to be Preserved by Certain Exchange Members, Brokers and Dealers
Paragraph (b)(11) of Rule 17a-4
Telephonic communications: Amendment to paragraph (b)(4)
Security-based swap activities: Amendments to paragraphs (b)(8)(v)-(viii) and new paragraphs (b)(8)(xvi) and (b)(14)
Broker-dealer SBSDs and broker-dealer MSBSPs: Amendment to paragraph (b)(1) and new paragraphs (b)(15) and (b)(16)
Broker-dealer SBSDs: Amendment to paragraph (b)(1)

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Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The annual ongoing hour burden of 1,157,835 hours reflects a 38,566 hour decrease over the current OMB inventory of 1,196,401 hours. This change incorporates a decrease of 269 in the number of respondents, from 4,814 to 4,545, an increase in the number of estimated internal broker-dealer systems from 130 to 150, and an additional 2,955 hours attributable to the proposed amendments to Rule 17a-4 described in the SBS Recordkeeping Release. The ongoing annual cost burden of $22,791,280 is $753,720 lower than the current OMB inventory of $23,545,000. This decreased cost estimate reflects a decrease of 269 in the number of respondents, tempered by an additional $66,280 attributable to the amendments to Rule 17a-4 described in the SBS Recordkeeping Release.

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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]? Yes

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: 03/17/2016

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