View Information Collection Request (ICR) Package
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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:
201609-3235-023
Status:
Historical Active
Previous ICR Reference No:
201409-3235-029
Agency/Subagency:
SEC
Agency Tracking No:
TM-270-646
Title:
Rule 17ad-22 Clearing Agency Standards for Operation and Governance
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
01/12/2017
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/07/2016
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
01/31/2020
36 Months From Approved
05/31/2019
Responses
209
0
57
Time Burden (Hours)
13,398
0
8,029
Cost Burden (Dollars)
11,894,080
0
8,888,000
Abstract:
The Commission is adopting several new rules that would set 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, the Commission is adopting amendments to Rule 17Ad-22 in the form of paragraphs (e)(1) through (e)(23) to require 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 78c-3
Name of Law: Securities Exchange Act of 1934
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
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:
3235-AL48
Final or interim final rulemaking
81 FR 70786
10/13/2016
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
29
IC Title
Form No.
Form Name
Rule 17Ad-22(b)(4) - Model Validation
Rule 17Ad-22(c)
Rule 17Ad-22(c)(1) - Record of Financial Resources
Rule 17Ad-22(c)(2)
Rule 17Ad-22(e)(1)
Rule 17Ad-22(e)(10)
Rule 17Ad-22(e)(11)
Rule 17Ad-22(e)(12)
Rule 17Ad-22(e)(13)
Rule 17Ad-22(e)(14)
Rule 17Ad-22(e)(15)
Rule 17Ad-22(e)(16)
Rule 17Ad-22(e)(17)
Rule 17Ad-22(e)(18)
Rule 17Ad-22(e)(19)
Rule 17Ad-22(e)(2)
Rule 17Ad-22(e)(20)
Rule 17Ad-22(e)(21)
Rule 17Ad-22(e)(22)
Rule 17Ad-22(e)(23)
Rule 17Ad-22(e)(3)
Rule 17Ad-22(e)(4)
Rule 17Ad-22(e)(5)
Rule 17Ad-22(e)(6)
Rule 17Ad-22(e)(7)
Rule 17Ad-22(e)(8)
Rule 17Ad-22(e)(9)
Rules 17Ad-22(b)(1)-(3) and Rules 17Ad-22(d)(1)-(15)
Rules 17Ad-22(b)(5)-(7)
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
209
57
152
0
0
0
Annual Time Burden (Hours)
13,398
8,029
5,369
0
0
0
Annual Cost Burden (Dollars)
11,894,080
8,888,000
3,006,080
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:
With the adoption of new Rule 17Ad-22(e), the PRA burdens associated with portions of Rule 17Ad-22 (d) have been reduced to reflect a decrease in the number of respondents that will be subject to the provisions of those rules. The Commission believes that seven respondent clearing agencies will be subject to the PRA burdens associated with Rule 17Ad-22(e). Prior to the adoption of Rule 17Ad-22(e), these seven respondent clearing agencies were subject to the PRA burdens associated with Rule 17Ad-22(d). As a result, the Commission believes that only four respondent clearing agencies will remain subject to the PRA burdens of certain portions of Rule 17Ad-22 (d) and estimates aggregate burdens have been adjusted accordingly.
Annual Cost to Federal Government:
$0
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:
Elizabeth Fitzgerald 202 551-6036
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:
11/07/2016
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