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

Forms and Documents

Document Name	Status
Form 3235-0504 Rule 19b-4(e) under the Securities Exchange Act of 1934 (17 CFR 240.19b-4(e)) Form and Instruction	Modified
2019 Supporting Stmt Form 19b-4(e).pdf Supporting Statement A	2019-08-07

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 and Instruction	Modified

ICR Details

OMB Control No: 3235-0504	ICR Reference No: 201905-3235-012
Status: Active	Previous ICR Reference No: 201602-3235-017
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: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 10/22/2019
	Date Received in OIRA: 08/07/2019
Terms of Clearance: FR citations corrected/updated.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2022	36 Months From Approved	10/31/2019
Responses	5,122	0	2,088
Time Burden (Hours)	5,122	0	2,088
Cost Burden (Dollars)	0	0	0

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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:
	84 FR 24575	05/28/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 37379	07/31/2019
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))	3235-0504	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	5,122	2,088	0	0	3,034	0
Annual Time Burden (Hours)	5,122	2,088	0	0	3,034	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 Commission staff has revised its estimate of the overall number of respondents from 18 to 22. The Commission staff notes that there are currently 22 SROs that are subject to the reporting requirements of Rule 19b-4(e) since the collection of information was last submitted to OMB for approval. The Commission staff has also revised its estimate of the overall number of responses expected annually from 3,879 to 5,122. Based on the number of new derivative securities products that were reported to the Commission in years 2016, 2017 and 2018, the Commission staff believes that this is a more accurate estimate of expected responses.

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Annual Cost to Federal Government: $96,786

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? 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: 08/07/2019

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