Rule 17a-1(2016)

SUPPORTING STATEMENT
for the Paperwork Reduction Act Information Collection Submission for
Rule 17a-1

A.

Justification
1.

Information Collection Necessity

The Securities Exchange Act of 1934, as amended (“Act”), 1 provides a framework for
self-regulation under which various entities involved in the securities business, including national
securities exchanges, national securities associations, registered clearing agencies, and the
Municipal Securities Rulemaking Board, have primary responsibility for regulating their
members or participants. The role of the Securities and Exchange Commission (“Commission”)
in this framework is primarily one of oversight; the Act charges the Commission with the
responsibility for assuring that each of these self-regulatory organizations complies with and
advances the policies of the Act.
Rule 17a-1 under the Act 2 requires that every national securities exchange, national
securities association, registered clearing agency, and the Municipal Securities Rulemaking Board
(collectively, “SROs”) keep on file for a period of not less than five years, the first two years in an
easily accessible place, at least one copy of all documents that they make or receive respecting their
self-regulatory activities, and that all such documents be made available for examination by the
Commission and its representatives. Rule 17a-1 is important to the Commission’s oversight
responsibility with respect to SROs, in that it enables the Commission to review documents
required to be kept by the SROs during reasonable periodic, special, or other examinations. Rule
17a-1 also permits the Commission’s staff to temporarily remove such documents for reproduction.
The Commission adopted Rule 17a-1 on May 17, 1974, pursuant to Sections 17(a) of the Act 3 and
23(a) of the Act,4 and was most recently amended on November 21, 1980. 5
2.

Information Collection Purpose and Use

The Commission uses the information provided pursuant to Rule 17a-1 in its self-regulatory
oversight program. The information provided pursuant to Rule 17a-1 allows the Commission to
maintain accurate records with respect to the SROs, and to determine whether an SRO is operating
in compliance with the Act and is carrying out its statutory oversight obligations under the Act. It
would be extremely difficult for the Commission’s staff to oversee SROs if the records were not
1

15 U.S.C. 78a et seq.

2

17 CFR 240.17a-1.

3

15 U.S.C. 78q(a).

4

15 U.S.C. 78(w)(a).

5

See Securities Exchange Act Release No. 17321 (November 21, 1980), 45 FR 79426 (December
1, 1980).

maintained. In addition, the Commission uses the information collected under Rule 17a-1 to
monitor the accuracy of the determinations made pursuant to Rule 3a55-1 under the Act 6 by
national securities exchanges, including national securities exchanges that are notice-registered
pursuant to Section 6(g) of the Act, 7 as to whether a security index is narrow-based.
3.

Consideration Given to Information Technology

Rule 17a-1 is a recordkeeping rule. Records may be kept electronically, provided they
remain accurate and accessible to Commission representatives.
4.

Duplication

Not applicable. There is no duplication.
5.

Effect on Small Entities

Not applicable. The SROs that are required to make and preserve the records to be
available for examination under Rule 17a-1 are not small businesses.
6.

Consequences of Not Conducting Collection

The information required to be collected under Rule 17a-1 increases the ability of the
Commission to ensure that each SRO is operating in compliance with the Act and is carrying out its
statutory oversight obligations under the Act. If the information is not collected or is collected
less frequently, the Commission would be limited in its ability to comply with its statutory
obligations, provide for the protection of investors, and promote the maintenance of fair and
orderly markets.
7.

Inconsistencies with Guidelines in 5 CFR 1320.5(d)(2)

There are no special circumstances. This collection is consistent with the guidelines in 5
CFR 1320.5(d)(2).
8.

Consultations Outside the Agency

The required Federal Register notice with a 60-day comment period soliciting comments on
this collection of information was published. No public comments were received.
9.

Payment or Gift

Not applicable. No payments or gifts are required to be made or are made to respondents.

6

15 U.S.C. 3a55-1.

7

15 U.S.C. 78f(g).

10.

Confidentiality

The Freedom of Information Act (“FOIA”), 5 U.S.C. 552, generally provides for the
disclosure of information to the public. Rule 83 of the Commission’s Rule of Information and
Request, 17 C.F.R. 200.83, provides a procedure by which a person can make a written request that
information submitted to the Commission not be disclosed under FOIA.
11.

Sensitive Questions

No questions of a sensitive nature are asked. The information collection does not collect
any Personally Identifiable Information (“PII”).
12.

Information Collection Burden

a. SROs Required to Comply with Rule 17a-1
Commission staff believes that the average number of hours currently necessary for an SRO
to comply with the requirements of Rule 17a-1 is 52 hours per year. Currently, there are 29 SROs
required to comply with Rule 17a-1: 19 national securities exchanges registered under Section 6(a)
of the Act,8 1 national securities association, 8 registered clearing agencies, and the Municipal
Securities Rulemaking Board. The total number of hours required for the 29 SROs to comply with
Rule 17a-1 is 1,508 annually, based on 52 hours per year and 29 SROs. The estimated internal cost
of compliance associated with this burden is currently $3,380 per year for each respondent, or a
total of is $98,020 for all 29 SROs, based on $65 per hour9 of respondents’ time and 52 hours a
year of recordkeeping.
b. Notice-Registered National Securities Exchanges
In addition, the Commission staff anticipates that 4 national securities exchanges noticeregistered pursuant to Section 6(g) of the Act will list or trade futures contracts on narrow-based
security indexes and therefore will be required to preserve records of determinations made under
Rule 3a55-1. The Commission staff anticipates that it will take each of these 4 notice-registered
exchanges 1 hour annually to retain any documents made or received by it in determining whether
an index is a narrow-based security index. The total number of hours required for the 4 noticeregistered exchanges to comply with Rule 17a-1 is 4. The estimated internal cost of compliance
associated with the burden for the 4 notice-registered national securities exchanges to retain
determinations made under Rule 3a55-1 is $260, based on $65 per hour of the respondent’s time, 1
hour per year of recordkeeping per respondent, and 4 respondents.
c. Total Burden
8

15 U.S.C. 78f(a).

9

$65 hour figure for a Compliance Clerk is from the SIFMA’s Office Salaries in the Securities
Industry 2013, modified by Commission staff to account for an 1800-hour work-year and
inflation, and multiplied by 2.93 to account for bonuses, firm size, employee benefits, and
overhead.

The total number of hours for all respondents to comply with Rule 17a-1 is 1,512 hours
annually, based on 52 hours for the 29 SROs required to comply with the rule, plus an additional 4
hours for the 4 notice-registered national securities exchanges to preserve records of determinations
made under Rule 3a55-1. Accordingly, the total internal cost of compliance associated with this
burden for all respondents is $98,280, based on $98,020 per year for the 29 SROs and an additional
$260 for the 4 notice-registered exchanges.
13.

Costs to Respondents

Not applicable. It is not anticipated that respondents will have or incur any capital and startup costs, nor any additional operational or maintenance costs, to comply with the collection of
information.
14.

Costs to Federal Government

Not applicable. The government does not incur any costs as a result of Rule 17a-1, a
recordkeeping rule.
15.

Changes in Burden

The number of registered national securities exchanges registered pursuant to Section 6(a)
of the Act has increased from 17 to 19, while the number of registered clearing agencies has
decreased from 9 to 8. In addition, the number of national exchanges notice-registered pursuant
to Section 6(g) of the Act has decreased from 5 to 4.
Rule 1005 of Regulation SCI, 10 which became effective on February 3, 2015, requires
SROs to preserve all documents relating to their compliance with Regulation SCI, 11 as prescribed
in Rule 17a-1. The Commission believes that SROs use their previously existing recordkeeping
systems and processes in order to retain the records required to be created pursuant to Regulation
SCI. As a result, the Commission believes that the burden associated with retaining these
additional records is an incrementally small increase in the burden previously incurred by SROs
to retain records as required by Rule 17a-1. Therefore, Commission staff believes that the
average number of hours currently necessary for an SRO to comply with the Rule 17a-1
recordkeeping requirements has increased from 50 to 52 hours per year.
These changes account for the change in the hours burden estimate from 1,405 hours to
1,512 hours.
16.

Information Collection Planned for Statistical Purposes

Not applicable. The information collection is not used for statistical purposes.
10

17 CFR 242.1005.

11

17 CFR 242.1000 et seq.

17.

Approval to Omit OMB Expiration Date

The Commission is not seeking approval to omit the expiration date.
18.

Exceptions to Certification for Paperwork Reduction Act Submissions

This collection complies with the requirements in 5 CFR 1320.9.
B.

Collection of Information Employing Statistical Methods
This collection does not involve statistical methods.