Rule 17a-11 (17 CFR 240.17a-11) Notification provisions for brokers and dealers

Forms and Documents

Document Name	Status
3235-0085.pdf Supplementary Document	2023-10-16
3235-0085.pdf Supplementary Document	2023-10-16
Rule 17a-11 Supporting Statement 2023 DGL REVISED.pdf Supporting Statement A	2023-08-02
3235-0085 30 Day Notice.pdf Supplementary Document	2020-10-27
3235-0085 60 Day Notice.pdf Supplementary Document	2020-10-27

IC Document Collections

IC ID	Document Title	Status
34332	Rule 17a-11(a)-(e) Notification Provisions for Broker-Dealers	Modified
248630	Rule 17a-11(g) – Notices Filed by National Securities Exchanges and Associations with respect to Paragraph (f) of Rule 17a-11	Modified
248629	Rule 17a-11(f) – Notice of Failure to Deposit in Rule 15c3-3(p) Account	Modified
208441	Rule 17a-11(b)(5) - Monthly Stock Loan/Borrow Reports	Modified
208438	Rule 17a-11(g) - Notices Filed by National Securities Exchanges and Associations with respect to Paragraphs (a)-(e) of Rule 17a-11	Modified

ICR Details

OMB Control No: 3235-0085	ICR Reference No: 202307-3235-026
Status: Received in OIRA	Previous ICR Reference No: 202107-3235-023
Agency/Subagency: SEC	Agency Tracking No: TM-270-094
Title: Rule 17a-11 (17 CFR 240.17a-11) Notification provisions for brokers and dealers
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: 10/16/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2023
Responses	274	531
Time Burden (Hours)	274	531
Cost Burden (Dollars)	0	0

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Abstract: Rule 17a-11 was adopted in 1971 to provide advance warning and information regarding brokers and dealers that are experiencing financial or operational difficulties. Partial Revision-- the Commission revised this collection of information in connection with a 2019 rulemaking that amended several Commission rules. Although the amendments were adopted in 2019, they are not required to be complied with until October 6, 2021. The amendments, which established recordkeeping requirements for broker-dealers' security-based swap activities, resulted in new estimates to this collection of information.

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Authorizing Statute(s): US Code: 15 USC 78q(a) Name of Law: Securities Exchange Act
   US Code: 15 USC 78w(a) Name of Law: Securities Exchange Act
   US Code: 15 USC 78o(c)(3) Name of Law: Securities Exchange Act
  

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:
	88 FR 53574	08/08/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 71387	10/16/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 5

IC Title	Form No.	Form Name
Rule 17a-11(g) – Notices Filed by National Securities Exchanges and Associations with respect to Paragraph (f) of Rule 17a-11
Rule 17a-11(a)-(e) Notification Provisions for Broker-Dealers
Rule 17a-11(b)(5) - Monthly Stock Loan/Borrow Reports
Rule 17a-11(f) – Notice of Failure to Deposit in Rule 15c3-3(p) Account
Rule 17a-11(g) - Notices Filed by National Securities Exchanges and Associations with respect to Paragraphs (a)-(e) of Rule 17a-11

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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	274	531	0	0	-257	0
Annual Time Burden (Hours)	274	531	0	0	-257	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 total hour burden decreased from 531 hours per year to 274 hours per year because the Commission staff's estimate of the number of entities impacted by the Rule 17a-11(a)-(e) notification provisions for broker-dealers decreased from 343 to 86.

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Annual Cost to Federal Government: $0

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: 10/16/2023

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