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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3235-0695
ICR Reference No:
201910-3235-005
Status:
Historical Active
Previous ICR Reference No:
201609-3235-023
Agency/Subagency:
SEC
Agency Tracking No:
TM-270-646
Title:
Rule 17ad-22 Clearing Agency Standards for Operation and Governance
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:
03/25/2020
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/06/2020
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
03/31/2023
36 Months From Approved
03/31/2020
Responses
226
0
209
Time Burden (Hours)
8,093
0
13,398
Cost Burden (Dollars)
13,397,120
0
11,894,080
Abstract:
Rule 17Ad-22 sets standards for the operation and governance of “covered clearing agencies” (which consist of designated clearing agencies, clearing agencies involved in activities with a more complex risk profile for which the Commodity Futures Trading Commission is not the Supervisory Agency, and any clearing agency determined to be a covered clearing agency by the Commission). Specifically, Rule 17Ad-22 requires covered clearing agencies to establish, implement, maintain and enforce written policies and procedures designed to promote effective risk management procedures and controls as well as meet the statutory requirements under the Exchange Act on an ongoing basis.
Authorizing Statute(s):
US Code:
15 USC 78q-1
Name of Law: Securities Exchange Act of 1934
US Code:
15 USC 5464(a)(2)
Name of Law: Wall Street Reform and Consumer Protection Act
US Code:
15 USC 78c-3
Name of Law: Securities Exchange Act of 1934
Citations for New Statutory Requirements:
US Code: 12 USC 5464(a)(2) Name of Law: Wall Street Reform and Consumer Protection Act
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
84 FR 57929
10/29/2019
30-day Notice:
Federal Register Citation:
Citation Date:
85 FR 149
01/02/2020
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
52
IC Title
Form No.
Form Name
IC 35 - 17Ad-22(e)(15) (for respondents already registered)
IC 37 - 17Ad-22(e)(16) (for respondents already registered)
IC1 - Rules 17Ad-22(b)(1)-(3)
IC10 - 17Ad-22(e)(2) (for respondents already registered)
IC11 - 17Ad-22(e)(2) (for respondent not registered
IC12 - 17Ad-22(e)(3) (for respondents already registered)
IC13 - 17Ad-22(e)(3) (for respondent not registered)
IC14 - 17Ad-22(e)(4) (for respondents already registered)
IC15 - 17Ad-22(e)(4) (for respondent not registered)
IC16 - 17Ad-22(e)(5) (for respondents already registered)
IC17 - 17Ad-22(e)(5) (for respondent not registered)
IC18 - 17Ad-22(e)(6) (for respondents already registered)
IC19 - 17Ad-22(e)(6) (for respondent not registered)
IC2 - Rule 17Ad-22(b)(4) - Model Validation
IC20 - 17Ad-22(e)(7) (for respondents already registered)
IC21 - 17Ad-22(e)(7) (for respondent not registered)
IC22 - 17Ad-22(e)(8) (for respondents already registered)
IC23 - 17Ad-22(e)(8) (for respondent not registered)
IC24 - 17Ad-22(e)(9) (for respondents already registered)
IC25 - 17Ad-22(e)(9) (for respondent not registered)
IC26 - 17Ad-22(e)(10) (for respondents already registered)
IC27 - 17Ad-22(e)(10) (for respondent not registered)
IC28 - Rule 17Ad-22(e)(11)
IC29 - 17Ad-22(e)(12) (for respondents already registered)
IC3 - Rules 17Ad-22(b)(5)-(7)
IC30 - 17Ad-22(e)(12) (for respondents not registered)
IC31 - 17Ad-22(e)(13) (for respondents already registered)
IC32 - 17Ad-22(e)(13) (for respondent not registered)
IC33 - 17Ad-22(e)(14) (for respondents already registered)
IC34 - 17Ad-22(e)(14) (for respondent not registered)
IC36 - 17Ad-22(e)(15) (for respondent not registered)
IC38 - 17Ad-22(e)(16) (for respondent not registered)
IC39 - 17Ad-22(e)(17) (for respondents already registered
IC4 - Rule 17Ad-22(c)(1) - Record of Financial Resources
IC40 - 17Ad-22(e)(17) (for respondent not registered)
IC41 - 17Ad-22(e)(18) (for respondents already registered)
IC42 - 17Ad-22(e)(18) (for respondent not registered)
IC43 - 17Ad-22(e)(19) (for respondents already registered)
IC44 - 17Ad-22(e)(19) (for respondent not registered)
IC45 - 17Ad-22(e)(20) (for respondents already registered)
IC46 - 7Ad-22(e)(20) (for respondent not registered)
IC47 - 17Ad-22(e)(21) (for respondents already registered)
IC48 - 17Ad-22(e)(21) (for respondent not registered)
IC49 - 17Ad-22(e)(22) (for respondents already registered)
IC5 - Rule 17Ad-22(c)(2) (for respondents already registered)
IC50 - 17Ad-22(e)(22) (for respondent not registered)
IC51 - 17Ad-22(e)(23) (for respondents already registered)
IC52 - 17Ad-22(e)(23) (for respondent not registered)
IC6 - Rule 17Ad-22(c)(2) (for respondents not registered)
IC7 - Rules 17Ad-22(d)(1)-(15)
IC9 - 17Ad-22(e)(1) (for respondent not registered)
Rule 17Ad-22(c)
Rule 17Ad-22(e)(1)
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
226
209
0
-3
20
0
Annual Time Burden (Hours)
8,093
13,398
0
-145
-5,160
0
Annual Cost Burden (Dollars)
13,397,120
11,894,080
0
0
1,503,040
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:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
The burden estimates are lower than those in the 2016 Adopting Release. The lower estimate is primarily attributable to the fact that several of the respondent clearing agencies have already incurred either all or some of the initial burdens associated with the provisions of Rule 17Ad-22(e). At the time that the Commission adopted Rule 17Ad-22(e) in 2016, the respondents had not yet incurred these initial burdens. For that reason, the initial burden estimates for many of the provisions included in Rule 17Ad-22(e) are lower for the prospective PRA extension compared to those that were provided in the PRA analysis that was submitted in connection with the 2016 Adopting Release. Separately, in contrast to the PRA analysis that was submitted in connection with the 2016 Adopting Release, the above analysis for the prospective PRA extension does not include burden estimates for Rule 17Ad-22(c) separate and apart from those that are provided for Rules 17Ad-22(c)(1) and (c)(2). Since the submission of the PRA analysis in the 2016 Adopting Release, the Commission staff has reconsidered the burden estimates that were previously provided for Rule 17Ad-22(c) and noted that the rule does not impose any requirements other than those separately accounted for in the PRA burden estimates provided for Rules 17Ad-22(c)(1) and (c)(2). As such, the Commission staff believes it is appropriate to include only the burden estimates for these two rules.
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]?
Yes
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Andrew Shanbrom 202 551-6410
Common Form ICR:
No
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:
01/06/2020