Rules 13n-1 to 13n-11 and Form SDR

ICR 201503-3235-001

OMB: 3235-0719

Federal Form Document

Forms and Documents
IC Document Collections
IC ID
Document
Title
Status
215673
New
215672
New
215671
New
215670
New
215669
New
215668
New
215667
New
215666
New
215665
New
215664
New
215663
New
215660
New
215659
New
215658
New
215657
New
215634
New
215633
New
215632
New
215630
New
195319
Removed
195318
Removed
195317
Removed
195316
Removed
195315
Removed
195314
Removed
195313
Modified
195295 Modified
ICR Details
3235-0719 201503-3235-001
Historical Active 201406-3235-007
SEC TM-270-622
Rules 13n-1 to 13n-11 and Form SDR
New collection (Request for a new OMB Control Number)   No
Regular
Approved without change 05/14/2015
Retrieve Notice of Action (NOA) 03/19/2015
  Inventory as of this Action Requested Previously Approved
05/31/2018 36 Months From Approved
203 0 0
425,009 0 0
99,682,619 0 0

Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act authorizes the Securities and Exchange Commission (the Commission) to regulate security-based swaps and to take steps to encourage accountability and transparency in this market. In an effort to enhance such transparency, section 763(i) of the Act establishes centralized recordkeeping facilities, known as security-based swap data repositories (SDRs), to retain complete records of security-based swap transactions, maintain the integrity of those records, and provide effective access to those records to relevant authorities. Pursuant to sections 763(i) and 766(a) of the Act, transactions in securities-based swaps must be reported to an SDR or the Commission. The Commission is proposing Rules 13n-1 to 13n-11 (“Rules”) as well as Form SDR to create a structure to register SDRs in accordance with this statutory mandate. Under the Rules, an SDR would be required to register by filing a Form SDR. SDRs would also be required to abide by certain minimum standards set out in the Rules, including a requirement to update Form SDR, abide by certain duties and core principles, maintain data in accordance with the Rules, keep their systems in accordance with the Rules, keep records, provide reports to the Commission, maintain privacy, make certain disclosures, and designate a Chief Compliance Officer (“CCO”).

US Code: 15 USC 78w(a) Name of Law: Section 23(a) of the Securities Exchange Act of 1934
   US Code: 15 USC 78m(n) Name of Law: Section 13(n) of the Securities Exchange Act of 1934
   PL: Pub.L. 111 - 203 763(i) Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act
  
PL: Pub.L. 111 - 203 763(i) Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act

3235-AK79 Final or interim final rulemaking 80 FR 14437 03/19/2015

No

21
IC Title Form No. Form Name
SDR Duties, Data Collection and maintenance, Automated Systems, and Direct Electronic Access
Recordkeeping Requirement
Reports and Reviews
Disclosure
Chief Compliance Officer
Other Provisions Relevant to the Collection of Information
Amendments to Form SDR: 13n-1(d)
Registration on Form SDR: 13n-1(b) and 13n-3(a) and Form SDR SDR Form SDR: APPLICATION OR AMENDMENT TO APPLICATION FOR REGISTRATION AS SECURITY-BASED SWAP DATA REPOSITORY UNDER THE SECURITIES EXCHANGE ACT OF 1934
Certification and Opinion of Counsel for Non-Resident SDRs: 13n-1(f)
Withdrawal from Registration: 13n-2
IT Systems: 13n-4(b)(2) and (4) and 13n-5
Policies and Procedures: 13n-5(b)(1), (2), (3), and (5) and 13n-6
Prepare and Submit Annual Compliance Report: 13n-11(d), (e), and (h)
Establish and Enforce Objective Criteria: 13n-4(c)(1)(iii)
Policies and procedures to review any prohibition or limitation: 13n-4(c)(1)(iv)
Conflict of Interest Controls: 13n-4(c)(3)
Procedures and Facilities to Resolve Disputes: 13n-5(b)(6)
Privacy Requirements: 13n-9(b)(1) and 13n-4(b)(8)
Privacy Requirements: 13n-9(b)(2)
Disclosure: 13n-10
Establish Procedures for Remediation of Compliance Issues: 13n-11(c)(6) and (7)
Written Policies and Procedures for Board and Senior Management; 13n-4(c)(2)(iv)
Make and Keep Records of Persons at Each Office: 13n-7(a)(1)
Storage of Records: 13n-7(b)
Reports: 13n-8
Annual Financial Reports: 13n-11(f) and (g)
Tagging Financial Reports: 13n-11(d) and (f)

  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 203 0 73 190 -60 0
Annual Time Burden (Hours) 425,009 0 434,373 423,316 -432,680 0
Annual Cost Burden (Dollars) 99,682,619 0 100,587,950 99,681,719 -100,587,050 0
Yes
Miscellaneous Actions
Yes
Miscellaneous Actions
Some of the burdens appear to have changed. However, in the proposed rule submission, information collections were erroneously aggregated together into a single category. Staff has since revised this and separated out the information into separate information collections to more accurately characterize the actual burdens. Those burdens that have actually changed are the result of the following: Based on statistical information and data, the number of impacted entities and the number of transactions has declined resulting in a decreased burden. However, based on additional requirements contained in the rules and additional specificity in the requirements of various provisions of the rules, an increase in burden has also occurred.

$0
No
No
No
Yes
No
Uncollected
Kevin Schopp 202 551-5643

  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.
03/19/2015


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