OMB Control No: 3235-0033	ICR Reference No: 202204-3235-004
Status: Historical Active	Previous ICR Reference No: 202107-3235-019
Agency/Subagency: SEC	Agency Tracking No: TM-240-026
Title: Rule 17a-3; Records to be Made by Certain Exchange Members, Brokers and Dealers
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/15/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 10/08/2022
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2025	36 Months From Approved	12/31/2022
Responses	425,601,810	0	248,322,084
Time Burden (Hours)	8,342,195	0	5,322,107
Cost Burden (Dollars)	105,320,999	0	54,448,137

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Abstract: Rule 17a-3 requires certain records to be made by certain exchange members and registered brokers and dealers. The rule serves to standardize prudent business practices. Among other things, these records are essential for regulatory purposes including examinations, investigations, and enforcement proceedings, which are significant customer protection safeguards. Partial Revision-- the Commission is revising 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. The proposed revisions were submitted to OMB in 2016 (see ICR Ref. No. 201603-3235-004), and this submission is for the final revisions.

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Authorizing Statute(s): US Code: 15 USC 78b, 78c, 78o, 78o-4, 78q, 78w Name of Law: Sections 2, 3, 15, 15B, 17 and 23 of the 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 47238	08/02/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 61108	10/07/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 20

IC Title Form No. Form Name Security-based swap activities: Paragraphs (a)(1), (a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9), (a)(26), and (a)(27) Broker-dealer SBSDs and broker-dealer MSBSPs: Paragraphs (a)(25), (a)(28), and (a)(30) Broker-dealer SBSDs only: Paragraph (a)(29) 17a-3(a)(35) Record of Oral Disclosure Ongoing cost for equipment & systems development Rule 17a-3(24), Record of Date Form CRS Provided to Each Customer and Prospective Customer Rule 17a-3(35) Record of Identity of Associate Person Responsible For Account- Large Broker-Dealers Rule 17a-3(35) Record of Identity of Associate Person Responsible for Account/Firm Burden- Small Broker-Dealers Rule 17a-3(35) Record of Identity of Associate Person Responsible for Account/Individual Burden Rule 17a-3(a)(12, 19) Rule 17a-3(a)(16) Rule 17a-3(a)(17) - providing updated information to customers Rule 17a-3(a)(17)(i)(B(1) - Small BD Rule 17a-3(a)(17)(i)(B(2) + (3) - Small BD Rule 17a-3(a)(17)(i)(B)(1) - Large BD Rule 17a-3(a)(17)(i)(B)(2) + (3) - Large BD Rule 17a-3(a)(20-22) Rule 17a-3(a)(23) Part I Rule 17a-3(a)(23) Part II Rule 17a-3; Records to be Made by Certain Exchange Members, Brokers and Dealers

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ICR Summary of Burden

	Total Approved	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	425,601,810	248,322,084	0	0	177,279,726	0
Annual Time Burden (Hours)	8,342,195	5,322,107	0	0	3,020,088	0
Annual Cost Burden (Dollars)	105,320,999	54,448,137	0	0	50,872,862	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 annual hour burden has changed primarily due to an increase in the number of customer accounts held by broker-dealers (from 143,333,276 to 240,576,070). While the number of broker-dealers registered with the Commission decreased from 3,764 to 3,528, the reduced burdens associated with rules based on the number of registered broker-dealers did not outweigh the increase in burdens associated with rules based on the number of accounts. The net result has been an increase in the annual hour burden from approximately 5,322,107 hours to approximately 8,342,195 hours, a change of 3,020,088 hours per year. The annual cost burden increased due to inflation, increases in postage costs, and increase in the number of customer accounts. The overall impact of these changes has been an increase in the cost burden of $50,872,862, going from $54,448,137 to $105,320,999 per year.

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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

Agency Contact: Abraham Jacob 202 551-5583

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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: 10/08/2022

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