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:
3235-0788
ICR Reference No:
202203-3235-012
Status:
Historical Inactive
Previous ICR Reference No:
Agency/Subagency:
SEC
Agency Tracking No:
Title:
Reporting of Securities Loans
Type of Information Collection:
New collection (Request for a new OMB Control Number)
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule
Conclusion Date:
06/10/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
03/22/2022
Terms of Clearance:
OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this information collection request (ICR) a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Pursuant to 5 CFR 1320.11(c), OMB files this comment on this ICR. The agency shall examine public comment in response to the NPRM and will describe in the supporting statement of its next collection any public comments received regarding the collection as well as why (or why it did not) incorporate the commenter’s recommendation. The next submission to OMB must include the draft final rule.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
36 Months From Approved
Responses
0
0
0
Time Burden (Hours)
0
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
The Securities and Exchange Commission is proposing a rule to increase the transparency and efficiency of the securities lending market by requiring any person that loans a security on behalf of itself or another person to report the material terms of those securities lending transactions, and related information regarding the securities the person has on loan and available to loan, to a registered national securities association ("RNSA"). The proposed rule would also require that the RNSA make available to the public certain information concerning each transaction and aggregate information on securities on loan and available to loan.
Authorizing Statute(s):
US Code:
15 USC 78w(a)
Name of Law: Securities Exchange Act of 1934
US Code:
15 USC 78j(c)
Name of Law: Securities Exchange Act of 1934
US Code:
15 USC 78j(b)
Name of Law: Securities Exchange Act of 1934
US Code:
15 USC 78c
Name of Law: Securities Exchange Act of 1934
US Code:
15 USC 78o
Name of Law: Securities Exchange Act of 1934
US Code:
15 USC 78o-3
Name of Law: Securities Exchange Act of 1934
US Code:
15 USC 78q-a
Name of Law: Securities Exchange Act of 1934
US Code:
15 USC 78o(c)
Name of Law: Securities Exchange Act of 1934
US Code:
15 USC 78o(g)
Name of Law: Securities Exchange Act of 1934
US Code:
15 USC 78k-1
Name of Law: Securities Exchange Act of 1934
PL:
Pub.L. 111 - 203 984
Name of Law: Dodd Frank Wall Street Reform and Consumer Protection Act
Statute at Large:
124 Stat. 1376
Name of Statute: Dodd Frank Wall Street Reform and Consumer Protection Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3235-AN01
Proposed rulemaking
86 FR 69802
12/08/2021
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
12
IC Title
Form No.
Form Name
Lenders Directly Employing a Reporting Agent: Entering into a Written Agreement with a Reporting Agent
Lenders Directly Employing a Reporting Agent: Systems Development and Monitoring
Lenders not Employing a Lending Agent – Self-Providing Lenders: Systems Development and Monitoring
Non-providing Lending Agents: Entering into Written Agreement with Reporting Agent
Non-providing Lending Agents: Systems Development and Monitoring
Providing Lending Agents: Systems Development and Monitoring
RNSA Collection of Information from Lenders and Providing Information to the Public and the Commission: Implement and maintain infrastructure for Lenders to report information to the RNSA
RNSA Retention of Collected Information
Reporting Agents: Entering into Written Agreement with RNSA
Reporting Agents: Entering into Written Agreements with Persons who Provide 10c-1 Information
Reporting Agents: Preserve 10c-1 Information at Least 3 Years
Reporting Agents: Systems Development and Monitoring
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The burden increase because the proposed rule would impose new collection of information requirements.
Annual Cost to Federal Government:
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?
No
Agency Contact:
Theresa Hajost 202 551-5739
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:
03/22/2022
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