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:
3235-0807
ICR Reference No:
202312-3235-011
Status:
Active
Previous ICR Reference No:
202304-3235-014
Agency/Subagency:
SEC
Agency Tracking No:
Title:
Securities Act Rule 192
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:
Approved without change
Conclusion Date:
01/19/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/12/2023
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
01/31/2027
36 Months From Approved
Responses
1,277
0
0
Time Burden (Hours)
31,606
0
0
Cost Burden (Dollars)
6,321,150
0
0
Abstract:
Securities Act Rule 192 would prohibit securitization participants with respect to an asset-backed security (“ABS”) from engaging in transactions that would involve or result in a material conflict of interest with investors in the ABS.
Authorizing Statute(s):
US Code:
15 USC 77j, 77q(a), 77s(a), 77z-2a
Name of Law: Securities Act of 1933
US Code:
15 USC 77z-3
Name of Law: Securities Act of 1933
PL:
Pub.L. 111 - 203 621
Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3235-AL04
Final or interim final rulemaking
88 FR 85396
12/07/2023
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Securities Act Rule 192
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
1,277
0
0
1,277
0
0
Annual Time Burden (Hours)
31,606
0
0
31,606
0
0
Annual Cost Burden (Dollars)
6,321,150
0
0
6,321,150
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 rule will impose new policies and procedures requirements as a condition to reliance on the exceptions for risk-mitigating hedging activities and bona fide market-making activities. As discussed above, the policies and procedures requirements are intended to enhance the benefits of the rule. Reliance on these exceptions is voluntary, and compliance with this information collection is mandatory only if a securitization participant chooses to rely on one or more of these exceptions. For purposes of the PRA, the Commission estimates the total internal annual burden of the rule to be 31,606 burden hours and the total annual cost burden of the rule to be $6,321,150 for the services of outside professionals.
Annual Cost to Federal Government:
$0
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:
Brandon Figg 202 551-3850
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:
12/12/2023
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