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:
3235-0751
ICR Reference No:
202301-3235-028
Status:
Historical Active
Previous ICR Reference No:
202205-3235-050
Agency/Subagency:
SEC
Agency Tracking No:
TM-270-668
Title:
Rule 18a-6 – Records to be preserved by certain security-based swap dealers and major security-based swap participants
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:
04/13/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
02/09/2023
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
07/31/2024
07/31/2024
07/31/2024
Responses
164
0
88
Time Burden (Hours)
16,308
0
12,664
Cost Burden (Dollars)
1,335,072
0
184,840
Abstract:
The SBS Recordkeeping Release adopted new Exchange Act Rule 18a-6 (in conjunction with the new Exchange Act Rule 18a-5) which establishes recordkeeping requirements applicable to stand-alone SBSDs, stand-alone MSBSPs, bank SBSDs, and bank MSBSPs. Rule 18a-6 is modeled on Exchange Act Rule 17a-4, which applies to broker-dealers, but Rule 18a-6 does not include a parallel requirement for every requirement in Rule 17a-4 because some of the requirements in Rule 17a-4 relate to activities that are not expected or permitted of stand-alone SBSDs, stand-alone MSBSPs, bank SBSDs, and bank MSBSPs. Proposed Partial Revision-- In November 2021, the Commission proposed amendments to the electronic recordkeeping requirements of security in Rule 18a-6. This proposed partial revision addresses only the collections of information that are proposed to be revised or added as a result of the rule amendments proposed in November 2021 regarding the electronic recordkeeping requirements of SBS Entities.
Authorizing Statute(s):
US Code:
15 USC 78o-10
Name of Law: Securities Exchange Act of 1934
PL:
Pub.L. 111 - 203 764
Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
Citations for New Statutory Requirements:
PL: Pub.L. 111 - 203 764 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:
3235-AM76
Final or interim final rulemaking
87 FR 66412
11/03/2022
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
18a-6(e ) - Audit Trail Alternative to WORM
18a-6(e ) - Backup or Redundancy Alternative Recordkeeping Systems for SBS Entities
18a-6(e)- Third Party or Designated Officer Undertaking
ANC stand-alone SBSDs: Paragraph (b)(1)(x)
Alternative undertaking - Cloud Service Providers
Alternative undertaking - SBS Entities
Bank SBSDs and bank MSBSPs: Paragraphs (a)(2), (b)(2)(i) (b)(2)(iv), (b(2)(vi)-(viii), (d)(1),(d)(2)(ii), (d)(3)(ii)
Bank SBSDs: Paragraphs (b)(2)(i) and (b)(2)(v)
Rule 18a-6(b)(1)(i) - Risk Mitigation
Stand-alone SBSDs and stand-alone MSBSPs: Paragraphs (a)(1), (b)(1)(ii) (b)(1)(ix), (b)(1)(xi) (b)(1)(xiii), (c), (d)(1), (d)(2)(i), and (d)(3)(i)
Stand-alone SBSDs: Paragraphs (b)(1)(i), (a)(14), and (a)(16)
Third-Party Custodians
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
164
88
0
76
0
0
Annual Time Burden (Hours)
16,308
12,664
0
3,644
0
0
Annual Cost Burden (Dollars)
1,335,072
184,840
0
1,150,232
0
0
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 Commission adopted amendments to Rule 17a-4, which added new hour and cost burdens. These are described in more detail in the attached Supporting 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:
Timothy Fox 202 551-5687
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:
02/09/2023
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