Rule 31 Section 31 transaction fees; Form R31-Form for reporting covered sales and covered round turn transactions under Section 31 of the Securities Exchange Act of 1934

Forms and Documents

Document Name	Status
Form SEC 2502 Rule 31 - FINRA Form and Instruction	Modified
3235-0597.pdf Supplementary Document	2022-08-02
3235-0597.pdf Supplementary Document	2022-08-02
2022 Rule 31 PRA supporting stmt.pdf Supporting Statement A	2022-05-20

IC Document Collections

IC ID	Document Title	Status
43051	Rule 31 - FINRA Form and Instruction	Modified
221711	Rule 31 - New NSCC Only Exchange	Unchanged
207100	Rule 31 - New dual exchange	Unchanged
207099	Rule 31 - New OCC-only exchange	Unchanged
207098	Rule 31 - Dual exchanges	Modified
207097	Rule 31 - NSCC only exchanges	Modified
207096	Rule 31 - OCC only exchanges	Modified
207095	Rule 31 - OCC	Unchanged
207094	Rule 31 - NSCC	Unchanged

ICR Details

OMB Control No: 3235-0597	ICR Reference No: 202205-3235-031
Status: Received in OIRA	Previous ICR Reference No: 201903-3235-010
Agency/Subagency: SEC	Agency Tracking No: TM-270-537
Title: Rule 31 Section 31 transaction fees; Form R31-Form for reporting covered sales and covered round turn transactions under Section 31 of the Securities Exchange Act of 1934
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/02/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	09/30/2022
Responses	360	348
Time Burden (Hours)	450	408
Cost Burden (Dollars)	0	0

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Abstract: Rule 31 establishes the procedure for calculating the fees and assessments due from national securities exchanges and national securities associations (collectively, “SROs”) pursuant to Section 31 of the Exchange Act. Under Rule 31, the SROs are required to submit Form R31 to the SEC within ten business days after the end of every month. The SROs are required to report on Form R31 data on all sales of securities that are subject to Section 31 fees and all of round turn transactions in security futures that are subject to Section 31 assessments. Based on that data, the SEC calculates the fees and assessments owed by each SRO.

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Authorizing Statute(s): US Code: 15 USC 78ee Name of Law: Securities Exchange Act of 1934
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 32212	05/27/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 47238	08/02/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 9

IC Title	Form No.	Form Name
Rule 31 - Dual exchanges
Rule 31 - FINRA	SEC 2502	Form 31
Rule 31 - NSCC
Rule 31 - NSCC only exchanges
Rule 31 - New NSCC Only Exchange
Rule 31 - New OCC-only exchange
Rule 31 - New dual exchange
Rule 31 - OCC
Rule 31 - OCC only exchanges

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ICR Summary of Burden

	Total Request	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	360	348	0	0	12	0
Annual Time Burden (Hours)	450	408	0	0	42	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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 estimated burden hours have increased from 408 hours to 450 hours. This is due to the increase in the number of estimated respondents. The estimated burden hours for each response type did not change.

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Annual Cost to Federal Government: $20,307

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 08/02/2022

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