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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:
3235-0045
ICR Reference No:
201207-3235-002
Status:
Historical Active
Previous ICR Reference No:
201104-3235-013
Agency/Subagency:
SEC
Agency Tracking No:
TM-270-38
Title:
Rule 19b-4 Filings with Respect to Securities-Based Swap Submissions, Advance Notices and Proposed Rule Changes by Self-Regulatory Organizations and the Security-Based Swap Stay of Clearing Requiremen
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
08/13/2012
OIRA Conclusion Action:
Approved without change
Conclusion Date:
09/12/2012
Retrieve Notice of Action (NOA)
Date Received in OIRA:
07/13/2012
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
03/31/2013
6 Months From Approved
08/31/2014
Responses
7,918
0
3,881
Time Burden (Hours)
156,231
0
63,374
Cost Burden (Dollars)
8,641,140
0
0
Abstract:
The amendments to Rule 19b-4 under the Securities Exchange Act of 1934 ("Exchange Act") are to incorporate two new requirements applicable to clearing agencies under Section 3C of the Exchange Act, as added by Section 763(a) of the Dodd-Frank Act ("Exchange Act Section 3C"), and under Section 806(e) of the Payment, Clearing and Supervision Act ("Section 806(e)"). The amendments to Rule 19b-4 mandate that submissions required under Exchange Act Section 3C for a mandatory clearing determination of any security-based swap, or group, category, type or class of security-based swaps, that a clearing agency plans to accept for clearing, and advance notices required under Section 806(e) of proposed changes to rules, procedures or operations of financial market utilities be filed with the Commission on Form 19b-4. Exchange Act Section 3C also contains collection of information requirements in connection with applications to stay the mandatory clearing requirement.
Emergency Justfication:
The reason for this emergency request is that the effective and compliance date for Rule 19b-4(n) is August 13, 2012, 30 days after publication of the final rule in the Federal Register, and the respondents will be required to comply with the rule and the related collection of information requirements as of that date.
Authorizing Statute(s):
US Code:
15 USC 78s(b)(1)
Name of Law: 15 USC 78s(b)(1) Section 19b-1 of the Securities Exchange Act of 1934
US Code:
15 USC 78c-3(b)(2)
Name of Law: Section 3C(b)(2) of the Securities Exchange Act of 1934
US Code:
15 USC 78c-3(b)(5)
Name of Law: Section 3C(b)(5) of the Securities Exchange Act of 1934
US Code:
12 USC 5465
Name of Law: Section 806(e) of the Payment, Clearing and Settlement Supervision Act
US Code:
15 USC 78c-3(c)(1)
Name of Law: Section 3C(c)(1) of the Securities Exchange Act of 1934
US Code:
15 USC 78c-3(c)(4)
Name of Law: Section 3C(c)(4) of the Securities Exchange Act of 1934
US Code:
15 USC 78s(b)
Name of Law: Section 916 of the Dodd-Frank Act
Citations for New Statutory Requirements:
US Code: 15 USC 78s(b)(1) Name of Law: Section 19b-1 of the Securities Exchange Act of 1934
US Code: 15 USC 78c-3(b)(2) Name of Law: Section 3C(b)(2) of the Securities Exchange Act of 1934
US Code: 15 USC 78c-3(b)(5) Name of Law: Section 3C(b)(5) of the Securities Exchange Act of 1934
US Code: 12 USC 5465 Name of Law: Section 806(e) of the Payment, Clearing and Settlement Supervision Act
US Code: 15 USC 78c-3(c)(1) Name of Law: Section 3C(c)(1) of the Securities Exchange Act of 1934
US Code: 15 USC 78c-3(c)(4) Name of Law: Section 3C(c)(4) of the Securities Exchange Act of 1934
US Code: 15 USC 78s(b) Name of Law: Section 916 of the Dodd-Frank Act
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3235-AK87
Final or interim final rulemaking
77 FR 41602
07/13/2012
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
17
IC Title
Form No.
Form Name
Amendment to Conform to Section 916 of the Dodd-Frank Act
Annual Training to Update SRO Staff on Use of EFFS
19b-4
Form 19b-4
Drafting and Implementing Internal Policies and Procedures for Using EFFS by Newly-Registered Security-Based Swap Clearing Agencies
19b-4
Form 19b-4
Drafting and Implementing Modifications to Existing Internal Policies and Procedures for Using EFFS for Security-Based Swap Submissions and/or Advance Notices
19b-4
Form 19b-4
Electronic Filing of Proposed Rule Changes
19b-4
Form 19b-4
Rule 19b-4(n)(1) Advance Notice Filings
19b-4
Form 19b-4
Rule 19b-4(n)(3) Posting of Advance Notices on Designated Clearing Agency Websites
19b-4
Form 19b-4
Rule 19b-4(n)(4) Designated Clearing Agency Website Posting of Notice of Change to Rules, Procedures, or Operations Referred to in Advance Notices
19b-4
Form 19b-4
Rule 19b-4(n)(5) Submission of Copies of Advance Notices to the Board
19b-4
Form 19b-4
Rule 19b-4(o)(1) - Security-Based Swap Submissions
19b-4
Form 19b-4
Rule 19b-4(o)(5) Posting of Security-Based Swap Submissions on Security-Based Swap Clearing Agency Websites
19b-4
Form 19b-4
Rule 3Ca-1 Stay of Clearing Requirement Information - Clearing Agencies
Rule 3Ca-1 Stay of Clearing Requirement Information - Counterparties
SRO Website Posting of Proposed Rule Change Filings
19-4
Form 19b-4
SRO Website Postings of Proposed Rule Change Filings
19b-4
Form 19b-4
Training of Security-Based Swap Clearing Agency Staff to use EFFS
19b-4
19b-4
Updating Clearing Agencies Websites to Provide Capability to Post Security-Based Swap Submissions, Advance Notices and Proposed Rule Changes
19b-4
Form 19b-4
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
7,918
3,881
4,037
0
0
0
Annual Time Burden (Hours)
156,231
63,374
92,857
0
0
0
Annual Cost Burden (Dollars)
8,641,140
0
8,641,140
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 burden has changed for two reasons. First, Commission staff revised its estimate of the time to complete each proposed rule change filing due to a change in the proportion of average versus complex proposed rule change filings, from 4.27% to 5.00%. In addition, since the previous submission with the proposing release, more up-to-date data became available, which impacted these estimates. Second, there are new burdens which result from the amendments to Rule 19b-4, Form 19b-4, and rule 3Ca-1 imposing new collections of information requirements and information technology costs in connection with Securities-Based Swaps Submissions, Advance Notices, stay of mandatory clearing applications, and Section 916 of the Dodd-Frank Act.
Annual Cost to Federal Government:
$300,000
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]?
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:
Kenneth Riitho 2025515592
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:
07/13/2012