View Information Collection Request (ICR) Package
Skip to main content
An official website of the United States government
The .gov means it's official.
Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you're on a federal government site.
The site is secure.
The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.
Search:
Agenda
Reg Review
ICR
This script is used to control the display of information in this page.
Display additional information by clicking on the following:
All
Brief and OIRA conclusion
Abstract/Justification
Legal Statutes
Rulemaking
FR Notices/Comments
IC List
Burden
Misc.
Common Form Info.
Certification
View Information Collection (IC) List
View Supporting Statement and Other Documents
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:
202311-3235-002
Status:
Active
Previous ICR Reference No:
202203-3235-012
Agency/Subagency:
SEC
Agency Tracking No:
Title:
Reporting of Securities Loans
Type of Information Collection:
Existing collection in use without an OMB Control Number
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
12/21/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/06/2023
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
12/31/2026
36 Months From Approved
Responses
7,244
0
0
Time Burden (Hours)
1,160,270
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
The Securities and Exchange Commission (“SEC” or “Commission”) is adopting a new rule under the Securities Exchange Act of 1934 (“Exchange Act”) to increase the transparency and efficiency of the securities lending market by requiring certain persons to report information about securities loans to a registered national securities association (“RNSA”). The new rule also requires certain confidential information to be reported to an RNSA to enhance an RNSA’s oversight and enforcement functions. Further, the new rule requires that an RNSA make certain information it receives, along with daily information pertaining to the aggregate transaction activity and distribution of loan rates for each reportable security, available to the public.
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(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
US Code:
15 USC 78o(c)
Name of Law: Securities Exchange Act of 1934
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3235-AN01
Final or interim final rulemaking
88 FR 75644
11/03/2023
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
13
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 Covered Person: Entering into Written Agreement with Reporting Agent
Non-providing Covered Person: Systems Development and Monitoring-Initial Burden
Non-providing Covered Person: Systems Development and Monitoring-Ongoing Burden
Providing Covered Person: Systems Development and Monitoring-Initial Burden
Providing Covered Person: Systems Development and Monitoring-Ongoing Burden
RNSA Retention of Collected Information
RNSA: Implement and maintain infrastructure for information collection and reporting-Initial Burden
RNSA: Implement and maintain infrastructure for information collection and reporting-Ongoing Burden
Reporting Agents: Entering into Agreements with Non-Providing Covered Persons
Reporting Agents: Entering into Written Agreement with RNSA
Reporting Agents: Record Preservation Requirement
Reporting Agents: Systems Development and Monitoring-Initial Burden
Reporting Agents: Systems Development and Monitoring-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
7,244
0
0
7,244
0
0
Annual Time Burden (Hours)
1,160,270
0
0
1,160,270
0
0
Annual Cost Burden (Dollars)
0
0
0
0
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 recently adopted a new rule that includes certain collections of information. These are discussed 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:
James Curley 202 551-5297
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:
11/06/2023
Something went wrong when downloading this file. If you have any questions, please send an email to risc@gsa.gov.