60 Day Notice

3235-0738 60 day notice.pdf

13n-4 - Access to Data Obtained by Security-Based Swap Data Repositories and Exemption from Indemnification Requirement

60 Day Notice

OMB: 3235-0738

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Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Notices
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736

jbell on DSK3GLQ082PROD with NOTICES

Extension:
Rules 13n–4(b)(9), (b)(10) and (d), SEC File
No. 270–793, OMB Control No. 3235–
0738

Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
Securities and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the existing collection of information
provided for in rules 13n–4(b)(9), (b)(10)
and (d) under the Securities Exchange
Act of 1934 (15 U.S.C. 78a et seq.). The
Commission plans to submit this
existing collection of information to the
Office of Management and Budget
(‘‘OMB’’) for extension and approval.
Rules 13n–4(b)(9), (b)(10) and (d)
implement Exchange Act sections
13(n)(5)(G) and (H), which conditionally
require security-based swap data
repositories (SDRs) registered with the
Commission to make security-based
swap data available to certain regulators
and other authorities. The rules in part
would condition this access to data on
the regulators and other authorities
entering into memoranda of
understanding or other arrangements
with the Commission to address the
confidentiality of the data made
available. The rules further would
require SDRs to create and maintain
records regarding such data access. In
addition, certain regulators or other
authorities that are not otherwise
designated by statute or rule may submit
applications to the Commission
requesting that they be deemed eligible
to access the relevant security-based
swap data.
Implementation of the statutory data
access provisions—including the
confidentiality condition and the
Commission’s authority to designate
entities to access such information—
will facilitate regulatory oversight of the
security-based swap market and its
participants, including oversight of
systemic and other risks associated with
the market. Implementation also will
promote compliance with applicable
laws and regulations, including but not
limited to compliance with the
antifraud provisions of the federal
securities laws.
Commission Staff estimates that the
total annual burden associated with

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Rules 13n–4(b)(9), (b)(10) and (d) is
35,700 hours and $400,000, calculated
as follows:
Commission staff estimates a total of
30 regulators or other authorities will
enter into confidentiality arrangements
with the Commission to obtain access to
security-based swap data pursuant to
these provisions. On average, each of
those recipients of data is expected to
expend 500 hours in connection with
negotiating these MOUs or other
arrangements, for a one-time aggregate
burden of 15,000 hours, with no
associated ongoing burdens. This
equates to 5,000 hours per year when
annualized over three years.
Commission staff estimates that a total
of 21 regulators or other authorities (that
otherwise are not identified by statute or
the rules as being eligible for access)
may request that the Commission
determine that they be able to access
such security-based swap data. On
average, each of those entities is
expected to expend 40 hours in
connection with such requests, for a
one-time aggregate burden of 840 hours,
with no associated ongoing burdens.
This equates to 280 hours per year when
annualized over three years.
Commission staff also estimates that a
total of 10 SDRs may be expected to
incur systems-related costs associated
with setting up access to security-based
swap data for regulators and other
authorities. On average, each of those
entities is expected to expend 7,800
hours in connection with providing
such connectivity, for a one-time
aggregate burden of 78,000 hours, with
no associated no ongoing burdens
associated with this requirement. This
equates to 26,000 hours when
annualized over three years.
In addition, Commission staff
estimates that a total of 10 SDRs may
incur costs associated with notifying the
Commission when the SDR receives the
first request for security-based swap
data from a particular entity. On
average, each of those SDRs is expected
to expend 150 hours in connection with
this notice requirement (based on each
SDR providing 300 notices, at half-hour
per notice), for a one-time aggregate
burden of 1,500 hours, with no
associated ongoing burdens. This
equates to 500 hours per year when
annualized over three years.
Commission staff estimates that a total
of 10 SDRs may incur costs associated
with the requirement that they maintain
records of all information related to
initial and subsequent requests for data
access. On average, compliance with
this provision is expected to require 360
hours initially and 280 hours annually
per SDR, for a total burden of 3,600

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hours initially and 2,800 hours annually
across ten SDRs. This equates to 4,000
hours per year when annualized over
three years. Commission staff further
estimates that those SDRs each will
require $40,000 annually in connection
with that requirement, for a total cost of
$400,000 annually across ten SDRs.
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have practical utility;
(b) the accuracy of the Commission’s
estimate of the burden of the collection
of information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
under the PRA unless it displays a
currently valid OMB control number.
Please direct your written comments
to: Charles Riddle, Acting Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Candace
Kenner, 100 F Street NE, Washington,
DC 20549, or send an email to: PRA_
[email protected].
Dated: July 30, 2019.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–16529 Filed 8–1–19; 8:45 am]
BILLING CODE 8011–01–P

SMALL BUSINESS ADMISTRATION
Annual Meeting of The Regional Small
Business Regulatory Fairness Boards
Office of The National Ombudsman
U.S. Small Business
Administration (SBA).
ACTION: Notice of open meeting of the
Regional Small Business Regulatory
Fairness Boards.
AGENCY:

The SBA, Office of the
National Ombudsman, is issuing this
notice to announce the location, date,
time and agenda for the annual board
meeting of the ten Regional Small
Business Regulatory Fairness Boards.
The meeting is open to the public.
DATES: The meeting will be held on
Tuesday, August 20, 2019 from 9 a.m.
to 4 p.m. EDT, and Wednesday, August
21, 2019 from 9 a.m. to 1 p.m. EDT.
SUMMARY:

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