[Federal Register Volume 78, Number 80 (Thursday, April 25, 2013)]
[Notices]
[Pages 24442-24443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09765]
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SECURITIES AND EXCHANGE COMMISSION
Submission for OMB Review; Comment Request
Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.
Extension:
Rule 17a-5, SEC File No. 270-155, OMB Control No. 3235-0123.
Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule 17a-
5 (17 CFR 240.17a-5), under the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.).
Rule 17a-5 is the basic financial reporting rule for brokers and
dealers.\1\ The Rule requires the filing of Form X-17A-5, the Financial
and Operational Combined Uniform Single Report (``FOCUS Report''),
which was the result of years of study and comments by representatives
of the securities industry through advisory committees and through the
normal rule proposal methods. The FOCUS Report was designed to
eliminate the overlapping regulatory reports required by various self-
regulatory organizations and the Commission and to reduce reporting
burdens as much as possible. The Rule also requires the filing of an
annual audited report of financial statements.
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\1\ Rule 17a-5(c) requires a broker or dealer to furnish certain
of its financial information to customers and is subject to a
separate PRA filing (OMB Control Number 3235-0199).
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The FOCUS Report consists of: (1) Part I, which is a monthly report
that must be filed by brokers or dealers that clear transactions or
carry customer securities; (2) one of three alternative quarterly
reports: Part II, which must be filed by brokers or dealers that clear
transactions or carry customer securities; Part IIA, which must be
filed by brokers or dealers that do not clear transactions or carry
customer securities; and Part IIB, which must be filed by specialized
broker-dealers registered with the Commission as OTC derivatives
dealers; \2\ (3) supplemental schedules, which must be filed annually;
and (4) a facing page, which must be filed with the annual audited
report of financial statements. Under the Rule, a broker or dealer that
computes certain of its capital charges in accordance with Appendix E
to Exchange Act Rule 15c3-1 must file additional monthly, quarterly,
and annual reports with the Commission.
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\2\ Part IIB of Form X-17A-5 must be filed by OTC derivatives
dealers under Exchange Act Rule 17a-12 and is subject to a separate
PRA filing (OMB Control Number 3235-0498).
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The variation in the size and complexity of brokers and dealers
subject to Rule 17a-5 and the differences in the FOCUS Report forms
that must be filed under the Rule make it difficult to calculate the
cost of compliance. However, we estimate that, on average, each report
will require approximately 12 hours. At year-end 2011, the Commission
estimates that there were approximately 4,802 brokers or dealers, and
that of those firms there were approximately 513 brokers or dealers
that clear transactions or carry customer securities. The Commission
therefore estimates that approximately 513 firms filed monthly reports,
approximately 4,134 firms filed quarterly reports, and
[[Page 24443]]
approximately 63 firms filed annual reports on Form X-17a-5. In
addition, approximately 4,650 firms filed annual audited reports. As a
result, there were approximately 27,405 total annual responses ((513 x
12) + (4,134 x 4) + 63 + 4,650 = 27,405). This results in an estimated
annual burden of 328,860 hours (27,405 annual responses x 12 hours =
328,860).
In addition, we estimate that approximately 9 brokers or dealers
will elect to use Appendix E to Rule 15c3-1 to compute certain of their
capital charges (as of September 2012, six brokers or dealers have
elected to use Appendix E). We estimate that the average amount of time
necessary to prepare and file the additional monthly reports that must
be filed by these firms is about 4 hours per month, or approximately 48
hours per year; the average amount of time necessary to prepare and
file the additional quarterly reports is about 8 hours per quarter, or
approximately 32 hours per year; and the average amount of time
necessary to prepare and file the additional supplemental reports with
the annual audit required is approximately 40 hours per year.
Consequently, we estimate that the total additional annual burden for
these 9 brokers or dealers is approximately 1,080 hours ((48 + 32 + 40)
x 9 = 1,080).
The Commission therefore estimates that the total annual burden
under Rule 17a-5 is approximately 330,000 hours (328,860 + 1,080 =
329,940, rounded to 330,000).
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.
The public may view background documentation for this information
collection at the following Web site, www.reginfo.gov. Comments should
be directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503, or by sending an email to: [email protected]; and (ii) Thomas Bayer, Director/Chief Information
Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon,
6432 General Green Way, Alexandria, Virginia 22312 or send an email to
[email protected]. Comments must be submitted to OMB within 30 days
of this notice.
Dated: April 22, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-09765 Filed 4-24-13; 8:45 am]
BILLING CODE 8011-01-P