Rule 3a67-4 - Definition of "Hedging or Mitigating Commercial Risk"

ICR 201102-3235-022

OMB: 3235-0677

Federal Form Document

Forms and Documents
Document
Name
Status
Supplementary Document
2011-02-24
Supporting Statement A
2011-02-24
IC Document Collections
ICR Details
3235-0677 201102-3235-022
Historical Inactive
SEC TM-270-634
Rule 3a67-4 - Definition of "Hedging or Mitigating Commercial Risk"
New collection (Request for a new OMB Control Number)   No
Regular
Comment filed on proposed rule 05/04/2011
Retrieve Notice of Action (NOA) 02/28/2011
Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR). In accordance with 5 CFR 1320, OMB is withholding approval at this time. The agency shall examine public comment in response to the NPRM and will include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden.
  Inventory as of this Action Requested Previously Approved
36 Months From Approved
0 0 0
0 0 0
0 0 0

Proposed rule 3a67-4 defines when, for purposes of section 3(a)(67) of the Exchange Act and proposed rule 3a67-1, a security-based swap position shall be deemed to be held for the purpose of hedging or mitigating commercial risk. For a security-based swap position to be held for the purpose of hedging or mitigating commercial risk under proposed rule 3a67-4, the person holding the position must satisfy several conditions, including the following: (1) the person must identify and document the risks that are being reduced by the security-based swap position; (2) the person must establish and document a method of assessing the effectiveness of the security-based swap as a hedge; and (3) the person must regularly assess the effectiveness of the security-based swap as a hedge.

PL: Pub.L. 111 - 203 712(d) Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act
  
None

3038-AD06 Proposed rulemaking 75 FR 80174 12/21/2010

No

1
IC Title Form No. Form Name
Proposed Rule 3a67-4 (Definition of ‘Hedging or Mitigating Commercial Risk’)

No
No

$0
No
No
No
Yes
No
Uncollected
Jeffrey Dinwoodie 2025515593

  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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
02/28/2011


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