Rule 19b-4(e) under the Securities Exchange Act of 1934 (17 CFR 240.19b-4(e))

Forms and Documents

Document Name	Status
Form 19b-4(e) Rule 19b-4(e) under the Securities Exchange Act of 1934 (17 CFR 240.19b-4(e)) Form	Modified
2009 Non-Subst Rev Justv2.doc Justification for No Material/Nonsubstantive Change	2009-04-30
Form 19b-4(e) 2007 PRA SS.doc Supporting Statement A	0000-00-00

IC Document Collections

IC ID	Document Title	Status
35272	Rule 19b-4(e) under the Securities Exchange Act of 1934 (17 CFR 240.19b-4(e)) Form	Modified

ICR Details

OMB Control No: 3235-0504	ICR Reference No: 200904-3235-019
Status: Historical Active	Previous ICR Reference No: 200701-3235-035
Agency/Subagency: SEC	Agency Tracking No: TM-270-447
Title: Rule 19b-4(e) under the Securities Exchange Act of 1934 (17 CFR 240.19b-4(e))
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/18/2009
	Date Received in OIRA: 04/30/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2010	08/31/2010	08/31/2010
Responses	300	0	50
Time Burden (Hours)	300	0	50
Cost Burden (Dollars)	0	0	11,975

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Abstract: Rule 19b-4(e) permits a self-regulatory organization to list and trade new derivative securities products, subject to existing trading rules, regulations, surveillance procedures, and listing standards, without submitting a rule filing for Commission approval pursuant to Section 19(b) of the Securities Exchange Act of 1934.

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Authorizing Statute(s): US Code: 15 USC 78s(b) 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:
	72 FR 4737	02/01/2007
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 19986	04/20/2007
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Rule 19b-4(e) under the Securities Exchange Act of 1934 (17 CFR 240.19b-4(e))	19b-4(e)	Form 19b-4(e)

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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	300	50	0	0	250	0
Annual Time Burden (Hours)	300	50	0	0	250	0
Annual Cost Burden (Dollars)	0	11,975	0	0	-11,975	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: This non-substantive revision to the annual number of responses associated with the information collection for Rule 19b-4(e) reflects recently discovered information by the Commission staff regarding the actual number of Rule19b-4(e) responses filed with the Commission. In addition, this non-substantive revision to the cost burden is meant to correct the figures in the approved collection which inadvertently included costs that are associated with the hourly burden as a cost burden. The current approved estimate for the annual number of responses for all respondents under Rule 19b-4(e) is 50. The Commission staff has reviewed data relating to the actual number of Rule 19b-4(e) responses filed with the Commission and has determined that the estimate of 50 annual responses should be increased to 300 annual responses. Under this revised estimate, the annual time burden for all respondents increases to 300 hours. In addition, the current approved estimate for the annual cost burden is $11,975.00. This cost is associated with the hourly burden and was inadvertently included as a cost burden. Therefore, the Commission staff has determined that the cost burden should be decreased to $0. These revisions are included in this submission to OMB. These revisions represent an increase of 250 hours in the total estimated annual hourly burden and a decrease in the total estimated cost burden of $11,975.00 associated with the information collection for Rule 19b-4(e). The time and cost estimates per response remain unchanged.

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Annual Cost to Federal Government: $4,350

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

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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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: 04/30/2009

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