Rule 18a-2 – Capital requirements for major security-based swap participants for which there is not a prudential regulator.

Forms and Documents

Document	Type	Status	Availability
SUPPORTING STATEMENT 18A-2 (3235-0699) Final Rule v.2.pdf	Supporting Statement A	Uploaded 2019-10-29	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
236976	Rule 18a-2 - Information technology costs		New
236975	Rule 18a-2 – Outside management consultant costs		New
206773	Rule 18a-2 – Capital requirements for major security-based swap participants for which there is not a prudential regulator.		Modified

ICR Details

OMB Control No: 3235-0699	ICR Reference No: 201907-3235-016
Status: Active	Previous ICR Reference No: 201305-3235-003
Agency/Subagency: SEC	Agency Tracking No: TM-270-652
Title: Rule 18a-2 – Capital requirements for major security-based swap participants for which there is not a prudential regulator.
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 with change	Conclusion Date: 11/06/2019
	Date Received in OIRA: 08/26/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2022	36 Months From Approved
Responses	15	0	0
Time Burden (Hours)	4,583	0	0
Cost Burden (Dollars)	262,500	0	0

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Abstract: Rule 18a-2 establishes net capital standards and requirements for nonbank firms required to register with the SEC under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 as major security-based swap participants.

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Authorizing Statute(s): US Code: 15 USC 78a et seq. Name of Law: Securities Exchange Act of 1934
   PL: Pub.L. 111 - 203 763 & 764 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 203 763 & 764 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AL12	Final or interim final rulemaking	84 FR 43872	08/22/2019

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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: 3

IC Title	Form No.	Form Name
Rule 18a-2 – Capital requirements for major security-based swap participants for which there is not a prudential regulator.
Rule 18a-2 – Outside management consultant costs
Rule 18a-2 - Information technology costs

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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	15	0	5	10	0	0
Annual Time Burden (Hours)	4,583	0	4,583	0	0	0
Annual Cost Burden (Dollars)	262,500	0	262,500	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 burdens have not changed from the proposed to the final rule. However, we separated the costs out into two new ICs so it would be easier to match them to the discussion in the Supporting Statement.

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Annual Cost to Federal Government: $0

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 08/26/2019

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