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:
1557-0309
ICR Reference No:
202210-1557-001
Status:
Active
Previous ICR Reference No:
202006-1557-003
Agency/Subagency:
TREAS/OCC
Agency Tracking No:
Title:
Reporting, Recordkeeping, and Disclosure Requirements Associated with Proprietary Trading and Certain Interests in and Relationships with Covered Funds
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:
04/11/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
02/24/2023
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2026
36 Months From Approved
09/30/2023
Responses
2,242
0
2,242
Time Burden (Hours)
20,411
0
20,411
Cost Burden (Dollars)
0
0
0
Abstract:
Section 619 of the Dodd-Frank Act added a new section 13 to the Bank Holding Company (BHC) Act (BHC Act) (codified at 12 U.S.C. 1851) that generally prohibits any banking entity from engaging in proprietary trading or from acquiring or retaining an ownership interest in, sponsoring, or having certain relationships with a hedge fund or private equity fund, subject to certain exemptions. The OCC’s version of the rule is codified at 12 CFR part 44. The reporting, recordkeeping, and disclosure requirements associated with the rule permit banking entities and the OCC to enforce compliance with section 13 of the BHC Act and the rule and to identify, monitor, and limit risks of activities permitted under section 13.
Authorizing Statute(s):
PL:
Pub.L. 111 - 203 619
Name of Law: 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:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
87 FR 51729
08/23/2022
30-day Notice:
Federal Register Citation:
Citation Date:
88 FR 11978
02/24/2023
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
34
IC Title
Form No.
Form Name
Section 10(c)(18)(ii)(C)(1) Recordkeeping - Initial Setup
Section 10(c)(18)(ii)(C)(1) Recordkeeping - Ongoing Burden
Section 11(a)(2) - Documentation of Advisory Services - Initial Set-up
Section 11(a)(2) - Documentation of Advisory Services - Ongoing Burden
Section 11(a)(8)(i) - Covered Fund Disclosures - Initial Set-up
Section 11(a)(8)(i) - Covered Fund Disclosures - Ongoing Burden
Section 12(e) - Application for Extension of Time Meet Requirements on Ownership Limitiations - Initial Set-up
Section 12(e) - Application for Extension of Time to Meet Requirements on Ownership Limitations - Ongoing Burden
Section 20(e) - Additional Documentation for Covered Funds - Initial Set-up
Section 20(e) - Additional Documentation for Covered Funds - Ongoing Burden
Section 20(f)(1) - Compliance Program for Entities with No Covered Activities - Initial Set-up
Section 20(f)(1) - Compliance Program for Entities with No Covered Activities - Ongoing Burden
Section 20(f)(2) - Compliance Program for Entities with Modest Activities - Initial Set-up
Section 20(f)(2) - Compliance Program for Entities with Modest Activities -Ongoing Burden
Section 20(i) Reporting - Initial Setup
Section 20(i) Reporting - Ongoing
Section 3(d)(3) Recordkeeping - Initial Setup
Section 3(d)(3) Recordkeeping - Ongoing
Section 4(b)(3)(i)(A) - Trading Desk Documentation of Client, Customer or Counterparty - Initial Set-up
Section 4(b)(3)(i)(A) - Trading Desk Documentation of Client, Customer or Counterparty - Ongoing Burden
Section 4(c)(3)(i) Recordkeeping - Initial Setup
Section 4(c)(3)(i) Recordkeeping - Ongoing
Section 4(c)(3)(i) Reporting - Initial Set up
Section 4(c)(3)(i) Reporting - Ongoing
Section 44.20(b) - Compliance Program - Initial Set-up
Section 44.20(b) - Compliance Program - Ongoing Burden
Section 44.20(c) - CEO Attestation - Initial Set-up
Section 44.20(c) - CEO Attestation - Ongoing Burden
Section 44.20(d) - $20 billion - Appendix Reporting Requirements - Initial Set-up
Section 44.20(d) - $20 billion - Appendix Reporting Requirements - Ongoing Burden
Section 44.20(d) - Appendix Reporting - $20 Billion - Initial Set-up
Section 44.20(d) - Appendix Reporting - $20 Billion - Ongoing Burden
Section 5(c) - Documentation of Purchases and Sales - Initial Set-up
Section 5(c) - Documentation of Purchases and Sales - Ongoing Burden
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
2,242
2,242
0
0
0
0
Annual Time Burden (Hours)
20,411
20,411
0
0
0
0
Annual Cost Burden (Dollars)
0
0
0
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:
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:
Mark O'Horo 202 649-7821 mark.o'horo@occ.treas.gov
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:
02/24/2023
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