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:
3235-0702
ICR Reference No:
202204-3235-008
Status:
Historical Active
Previous ICR Reference No:
201907-3235-017
Agency/Subagency:
SEC
Agency Tracking No:
TM-270-651
Title:
Rule 18a-3 Non-cleared security-based swap margin requirements for security-based swap dealers and major security-based swap participants for which there is not a prudential regulator.
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:
10/31/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
07/19/2022
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
10/31/2025
36 Months From Approved
11/30/2022
Responses
21
0
3,057
Time Burden (Hours)
2,243
0
18,748
Cost Burden (Dollars)
3,333
0
4,000
Abstract:
Rule 18a-3 establishes minimum margin requirements for nonbank firms required to register with the SEC under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 as security-based swap dealers. Minimum margin standards ensure that firms collect sufficient collateral to secure the risk of loss on security-based swap positions. Rule 18a-10 provides an alternative compliance mechanism pursuant to which a stand-alone security-based swap dealer that is registered as a swap dealer and predominantly engages in a swaps business may elect to comply with the capital, margin, and segregation requirements of the Commodity Exchange Act (“CEA”) and the U.S. Commodity Futures Trading Commission’s (“CFTC”) rules in lieu of complying with the SEC's Rules 18a-1, 18a-3, and 18a-4, as adopted.
Authorizing Statute(s):
PL:
Pub.L. 111 - 203 763 & 764
Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
US Code:
15 USC 78a et seq.
Name of Law: Securities Exchange Act of 1934
Citations for New Statutory Requirements:
PL: Pub.L. 111 - 203 763 & 764 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
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:
87 FR 29419
05/13/2022
30-day Notice:
Federal Register Citation:
Citation Date:
87 FR 43099
07/19/2022
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
7
IC Title
Form No.
Form Name
Rule 18a-10 - Develop Disclosure Language (Initial, One-Time Burden)
Rule 18a-10 - Incorporate Disclosure Language (Initial, One-Time Burden)
Rule 18a-10 - Notices
Rule 18a-10(b)(2) (Update Disclosures)
Rule 18a-3 - Initial Margin Model
Rule 18a-3 Cost Burden (Initial, One-Time)
Rule 18a-3 – Counterparty Risk Monitoring Procedures
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
21
3,057
0
0
-3,036
0
Annual Time Burden (Hours)
2,243
18,748
0
0
-16,505
0
Annual Cost Burden (Dollars)
3,333
4,000
0
0
-667
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 changes in burden result from the following decreases in the estimates of the number of respondents: (a) the number of SBSDs that are subject to Rule 18a-3 is now estimated to be 7 instead of the previous estimate of 22; (b) the number of SBSDs that have sought Commission approval to use an internal model to calculate initial margin is now estimated to be 5 instead of the previous estimate of 22; and (c) the number of non-bank SBSDs not registered as broker-dealers is now estimated to be 5 rather than the previous estimate of 6. In addition, this OMB Control Number 3235-0702 previously included burdens for the collections of information in Rule 18a-10. Since the burdens for that rule are now accounted for in OMB Control Number 3235-0785, the Commission has removed them from 3235-0702.
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:
Rose Wells 202 942-0143
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:
07/19/2022
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