Rule 17a-25 sets forth the obligations of registered broker-dealers to submit securities trading data in electronic format upon request by the Commission for enforcement and other regulatory purposes.
The increases in burden reflect an increase in (1) the number of electronic EBS requests sent (13,493 versus 7,697 from the prior comparable 25-month figure reported in 2015); (2) an increase in the number of electronic responses received (528,551 versus 124,912 from the prior comparable 25-month figure reported in 2015); and (3) an increase in the number of manual responses received (500 versus 80 from the prior annual figure reported in 2015).
In addition, there was a decrease in the burden hours resulting from the elimination of the previously reported 2-hour burden (8 broker-dealers x 15 minutes per year) to supply and update contact information in response to a Commission request. The Commission now uses the BSS system operated by FINRA to manage its EBS requests. Because FINRA already collects firm contact information, the Commission has reduced the potential for duplication and no longer needs to request this information. Therefore, we have removed this information collection.
Accounting for all of these changes, the annual aggregate hour reporting burden has increased from 8,116 in 2015 to 34,577 currently. This increase reflects additional regulatory and enforcement inquiries and investigations using the EBS system, as well as the increased complexity of some of the trading activity involved in those inquiries that are contained in a higher number of multiple responses to a single request.
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.