Rule 3a71-3 Cross Border Security-Based Swap Dealing Activity

Forms and Documents

Document	Type	Status	Availability
BCS Adopting Release - Correction - 81 FR 32643 (May 24, 2016).pdf	Supplementary Document	Uploaded 2016-06-01	Available
BCS Adopting Release - 81 FR 29959 (May 13, 2016).pdf	Supplementary Document	Uploaded 2016-06-01	Repair queued
US Activity Adopting Release - 81 FR 8597 (Feb. 19, 2016).pdf	Supplementary Document	Uploaded 2016-06-01	Available
PRA Submission Supporting Statement 3a71-3 (Final - 6-1-16).docx	Supporting Statement A	Uploaded 2016-06-01	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
221761	Representations Regarding U.S.-Person Status		New
210267	Representation Regarding a Transaction Conducted Through a Foreign Branch		Modified

ICR Details

OMB Control No: 3235-0717	ICR Reference No: 201606-3235-001
Status: Historical Active	Previous ICR Reference No: 201402-3235-001
Agency/Subagency: SEC	Agency Tracking No: TM-270-655
Title: Rule 3a71-3 Cross Border Security-Based Swap Dealing Activity
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: 08/10/2016
	Date Received in OIRA: 06/02/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2019	36 Months From Approved
Responses	2,450	0	0
Time Burden (Hours)	28,584	0	0
Cost Burden (Dollars)	1,633,333	0	0

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Abstract: The Securities and Exchange Commission ("Commission") adopted new rule 3a71-3 under the Securities Exchange Act of 1934. This rule is designed to give effect to provisions of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act that, among other things, would mitigate the operational difficulties that could arise in connection with investigating the activities of a counterparty to ensure compliance with the rules.

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Authorizing Statute(s): US Code: 15 USC 78a et seq. Name of Law: Securities Exchange Act of 1934
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 203 712, 761(b) 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-AL25	Final or interim final rulemaking	79 FR 47277	08/12/2014

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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
Representations Regarding U.S.-Person Status
Representation Regarding a Transaction Conducted Through a Foreign Branch

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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	2,450	0	2,450	0	0	0
Annual Time Burden (Hours)	28,584	0	28,584	0	0	0
Annual Cost Burden (Dollars)	1,633,333	0	1,633,333	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: This is a new information of collection.

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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: 06/02/2016

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