Supporting Statement_Rule 6a-3 2025 DGL REVISED

SUPPORTING STATEMENT
for the Paperwork Reduction Act Information Collection Submission for
Rule 6a-3
(OMB No. 3235-0021)
A.

JUSTIFICATION
1.

Necessity for Information Collection

The Securities Exchange Act of 1934 (“Exchange Act”) provides a framework for
self-regulation under which self-regulatory organizations, including national securities
exchanges, have primary responsibility for regulating their members or participants. The
role of the Securities and Exchange Commission (“SEC”) in this framework is primarily
one of oversight: the Exchange Act charges the SEC with supervising the national
securities exchanges and assuring that each complies with and advances the policies of
the Exchange Act.
Section 6 of the Exchange Act 1 sets out a framework for the registration and
regulation of national securities exchanges. Under Rule 6a-3(a)(1), 2 a national securities
exchange or an exchange that exempted from registration as a national securities
exchange (“exempt exchange”) must file with the SEC certain supplemental information,
including any material (including notices, circulars, bulletins, lists, and periodicals)
issued or made generally available to members of, or participants or subscribers to, the
exchange. Under Rule 6a-3(a)(2), 3 a national securities exchange or exempt exchange
need not file this supplemental information with the SEC if such information required to
be filed is available continuously on a website controlled by the exchange, and in lieu of
filing such information, the exchange indicates the location of the website where such
information may be found and certifies that the information available is accurate as of its
date. Rule 6a-3(b) 4 requires the exchanges to file monthly reports that set forth the
volume and aggregate dollar amount of certain securities sold on the exchange each
month; the principal amount of bonds sold and the aggregate dollar amount of such bonds
sold on the exchange; and the number of rights and warrants sold and the aggregate dollar
amount of such rights and warrants sold on the exchange. Per Rule 6a-3(c), 5 a national
securities exchange registered pursuant to Section 6(g)(1) 6 of the Exchange Act is exempt
from the requirement of Rule 6a-3.

1

15 U.S.C. 78f.

2

17 CFR 240.6a-3(a)(1).

3

17 CFR 240.6a-3(a)(2).

4

17 CFR 240.6a-3(b).

5

17 CFR 240.6a-3(c).

6

15 U.S.C. 78f(g)(1).

2.

Purpose and Use of the Information Collection

The information filed with the SEC pursuant to Rule 6a-3 by a registered or exempt
exchange is designed to enable the SEC to carry out its statutorily mandated oversight
functions and to assure that registered or exempt exchanges continue to be in compliance
with the Exchange Act. Without access to this information, the SEC would be less able to
ensure that registered and exempt exchanges are continuing to act in a manner consistent
with the Exchange Act.
3.

Consideration Given to Information Technology

Rule 6a-3(a)(2) permits exchanges to comply by making certain information
available on the Internet and notifying the Commission of its location. Providing access to
the supplemental information to members, participants, or subscribers through the Internet
can ease compliance burdens for exchanges and increase the speed, accuracy, and
availability of information. All registered and exempt exchanges currently maintain some
presence on the Internet and make information available to interested parties.
4.

Duplication

The SEC believes that Rule 6a-3 does not impose any duplicative reporting
requirements. Exchanges are able to avoid duplicative reporting by informing the SEC
where certain supplemental information may be found on its Internet website. In lieu of
filing the supplemental information specified in Rule 6a-3(a)(1), exchanges must certify that
the supplemental information available at the website location is accurate as of its date. With
respect to information regarding certain securities traded on exchanges, this is information
that generally is compiled by such exchanges in the ordinary course of business.
5.

Effect on Small Entities

No small businesses are involved in the procedures of data compilation and filing.
6.

Consequences of Not Conducting Collection

It is important to the oversight abilities of the Commission for the information
required by Rule 6a-3 to be as current as possible. If the information were filed less
frequently, the Commission would not have the information on registered and exempt
exchange activities that is necessary to comply with its statutory obligations.
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).

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

The exchanges receive no payments or gifts as a result of this collection of
information.
10.

Confidentiality

Not applicable. Any collection of information pursuant to Rule 6a-3 would not be
confidential and would be publicly available from the Commission upon request, or in the
case of supplemental information, could be accessed on the exchange’s website.
11.

Sensitive Questions

The Information Collection does not collect information about individuals,
therefore, a PIA, SORN, and PAS are not required.
12.

Burden of Information Collection

The SEC estimates that the preparation and filing of supplemental information and
monthly reports pursuant to Rule 6a-3 generally involves photocopying existing documents
and will usually take approximately 0.5 hours per response. The SEC estimates that each
exchange makes approximately 12 such filings on an annual basis.
Currently, there are 26 entities registered as national securities exchanges, which are
subject to the collection of information requirements of Rule 6a-3. The SEC estimates that
the total annual burden for all exchanges will be 156 hours (12 responses/respondent per
year x 0.5 hours/response x 26 respondents).
SUMMARY OF ANNUAL HOURLY BURDEN

Rule

Burden Type

Rule 6a-3
(17 CFR
240.6a-3)

Reporting

Number of
Annual
Number of Reponses Per
Respondents Respondent

26

12

Time Per
Response
(Hours)

Total Burden
Per Burden
Type (Hours)

0.5

156
156

Total Aggregate Burden (Hours)

3

13.

Costs to Respondents

Not applicable. The SEC does not believe that respondents have to incur any capital
or start-up costs, or any operational or maintenance costs to comply with the collection of
information requirements required by Rule 6a-3.
14.

Costs to Federal Government

Not applicable. Responses submitted pursuant to Rule 6a-3 are reviewed by existing
SEC staff as part of their regular duties.
15.

Changes in Burden

The annual estimated time burden increased from 144 hours to 156 hours because
the number of national securities exchanges increased from 24 to 26. In addition, the
annual estimated cost burden decreased from $5,760 to $0 because exchanges are now
submitting their responses electronically, so they no longer incur any shipping costs in
connection with Rule 6a-3.
16.

Information Collection Planned for Statistical Purposes

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

4