Rule 3a68-2 (Interpretation of Swaps, Security-Based Swaps, and Mixed Swaps) and Rule 3a68-4(c) (Process for Determining Regulatory Treatment for Mixed Swaps)

Forms and Documents

Document	Type	Status	Availability
Supporting SS Proposed Rule 3a68-2.pdf	Supporting Statement A	Uploaded 2011-05-24	Available
DFA Provisions.pdf	Supplementary Document	Uploaded 2011-05-17	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
197714	Process for Determining Regulatory Treatment for Mixed Swaps (Rule 3a68-4(c))		New
197713	Interpretation of Swaps, Security-Based Swaps, and Mixed Swaps (Rule 3a68-2)		New

ICR Details

OMB Control No: 3235-0685	ICR Reference No: 201105-3235-004
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: SEC	Agency Tracking No: TM-270-641
Title: Rule 3a68-2 (Interpretation of Swaps, Security-Based Swaps, and Mixed Swaps) and Rule 3a68-4(c) (Process for Determining Regulatory Treatment for Mixed Swaps)
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: Comment filed on proposed rule	Conclusion Date: 06/25/2011
	Date Received in OIRA: 05/24/2011
Terms of Clearance: 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
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: Proposed rule 3a68-2 would create a process for interested persons to request a joint interpretation by the Securities and Exchange Commission and Commodity Futures Trading Commission regarding whether a particular instrument (or class of instruments) is a swap, a security-based swap, or both (i.e., a mixed swap). Proposed rule 3a68-4(c) would establish a process for persons to request that the Securities and Exchange Commission and Commodity Futures Trading Commission issue a joint order permitting such persons (and any other person or persons that subsequently lists, trades, or clears that class of mixed swap) to comply, as to parallel provisions only, with specified parallel provisions of either the Commodity Exchange Act or the Securities Exchange Act of 1934, and related rules and regulations, instead of being required to comply with parallel provisions of both the CEA and the Securities Exchange Act of 1934. For purposes of rule 3a68-4(c) under the Securities Exchange Act of 1934, "parallel provisions" means comparable provisions of the CEA and the Exchange Act that were added or amended by Title VII of the Dodd-Frank Act with respect to security-based swaps and swaps, and the rules and regulations thereunder.

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Authorizing Statute(s): US Code: 15 USC 77c, 77d, 77g, 77j, 77s, 77z-2 Name of Law: Securities Act of 1933
   US Code: 15 USC 78c, 78d, 78e, 78f, 78g, 78i.. Name of Law: Securities Exchange Act of 1934
   US Code: 15 USC 80a-20, 80a-23, 80a-29, 80a-37 Name of Law: Investment Company Act of 1940
   US Code: 15 USC 7201 Name of Law: Sarbanes-Oxley Act of 2002
   US Code: 18 USC 1350 Name of Law: Sarbarnes-Oxley Act of 2002
   US Code: 12 USC 5221(e)(3) Name of Law: Emergency Economic Stabilization Act of 2008
   US Code: 15 USC 80b-3, 80b-4, 80b-11 Name of Law: Investment Advisers Act of 1940
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 203 712(a)(8), 712(d) Name of Law: Wall Street Transparency and Accountability Act of 2010

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AL14	Proposed rulemaking	76 FR 29818	05/23/2011

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Interpretation of Swaps, Security-Based Swaps, and Mixed Swaps (Rule 3a68-2)
Process for Determining Regulatory Treatment for Mixed Swaps (Rule 3a68-4(c))

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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: This is a new, proposed rule, and therefore the associated burdens are new. The annual time burden is estimated at 670 hours.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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? Uncollected

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Common Form ICR:  No

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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: 05/24/2011

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