Rule 239

Forms and Documents

Document	Type	Status	Availability
PRA Supporting Statement (FINAL).pdf	Supporting Statement A	Uploaded 2012-04-11	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
198425	Rule 239		Modified

ICR Details

OMB Control No: 3235-0687	ICR Reference No: 201204-3235-012
Status: Historical Active	Previous ICR Reference No: 201107-3235-002
Agency/Subagency: SEC	Agency Tracking No: CF 270-638
Title: Rule 239
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: 07/16/2012
	Date Received in OIRA: 04/12/2012
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2015	36 Months From Approved
Responses	120	0	0
Time Burden (Hours)	180	0	0
Cost Burden (Dollars)	24,000	0	0

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Abstract: Rule 239 would apply to registered or exempt clearing agencies on the proposed exemption from the registration requirements of the Securities Act of 1933.

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Authorizing Statute(s): US Code: 15 USC 77ddd(d) Name of Law: Trust Indenture Act of 1939
   US Code: 15 USC 77s,77z-3 Name of Law: Securities Act of 1933
   US Code: 15 USC 78l(h), 78w(a), 78mm Name of Law: Securities Exchange Act of 1934
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 203 768 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AL16	Final or interim final rulemaking	77 FR 20536	04/05/2012

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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: 1

IC Title	Form No.	Form Name
Rule 239

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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	120	0	120	0	0	0
Annual Time Burden (Hours)	180	0	180	0	0	0
Annual Cost Burden (Dollars)	24,000	0	24,000	0	0	0

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: The final rules in Release No. 33-9308 provide exemptions under the Securities Act of 1933, the Securities Exchange Act of 1934, and the Trust Indenture Act of 1939 for security-based swaps issued by certain clearing agencies satisfying certain conditions. The disclosure provisions of Rule 239 apply to registered or exempt clearing agencies relying on the exemption from the registration requirements of the Securities Act of 1933. The purpose of the information collection in Rule 239 is to make certain information about security-based swaps that may be cleared by the registered or exempt clearing agency available to eligible contract participants and other market participants. We estimate that the proposals will result in 240 burden hours and an increase in the cost burden of $24,000 for services of outside professionals. For a more detailed discussion, please refer to the supporting statement.

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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: 04/12/2012

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