Margin and Capital Requirements for Swap Entities [Interagency] IFR

Forms and Documents

Document	Type	Status	Availability
[3064-0204] 30 Day Notice - 85 FR 895 8 Jan 2020.pdf	Supplementary Document	Uploaded 2020-01-14	Available
[3064-0204] 60 Day Notice - 84 FR 57869 29 Oct 2019.pdf	Supplementary Document	Uploaded 2020-01-14	Available
SPST-0204 Margin and Capital Requirements for Covered Swap Entities 2020 Renewal FINAL.docx	Supporting Statement A	Uploaded 2020-01-21	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
239291	? 349.11(b)(1) Posting Initial Margin		New
239290	? 349.9(e) Requests for Determinations		New
239289	? 349.8(h) Escalation Procedures		New
239288	? 349.8(f)(3) Initial Margin Modeling Report		New
239287	? 349.8(e) Periodic Review § 349.8(f) Control, Oversight, and Validation Mechanisms		New
239285	? 349.8(c) and (d) Initial Margin Model		New
239284	? 349.7(c) Custody Agreement		New
239283	? 349.5(c)(2)(i) Required Margin		New
239282	? 349.2 Definition of "Eligible Master Netting Agreement," paragraphs (4)(i) and (ii) § 349.8(g) Documentation § 349.10 Documentation of Margin Matters		New
239281	? 349.1(h)		New
220233	? 349.1(d)(1), (d)(2) Meeting criteria for exemption		Modified

ICR Details

OMB Control No: 3064-0204	ICR Reference No: 202001-3064-008
Status: Historical Active	Previous ICR Reference No: 201608-3064-001
Agency/Subagency: FDIC	Agency Tracking No: 3064-0204
Title: Margin and Capital Requirements for Swap Entities [Interagency] IFR
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/21/2020
	Date Received in OIRA: 01/21/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2023	36 Months From Approved	02/29/2020
Responses	1,261	0	1
Time Burden (Hours)	1,740	0	1,000
Cost Burden (Dollars)	0	0	0

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Abstract: This final rule implements Title III of the Terrorism Risk Insurance Program Reauthorization Act of 2015 (‘‘TRIPRA’’), which exempts from the Agencies’ swap margin rules non-cleared swaps and non-cleared security-based swaps in which a counterparty qualifies for an exemption or exception from clearing under the Dodd-Frank Act. This final rule is a companion rule to the joint final rule adopted by the Agencies to implement section 731 and 764 of the Dodd-Frank Act. The final rule implements statutory language that requires certain swaps and security-based swaps of certain counterparties to qualify for a statutory exemption or exception from clearing in order to not be subject to the initial and variation margin requirements of the joint final rule. The reporting requirements are found in § 349.1(d) pursuant to cross-references to other statutory provisions that set forth the conditions for an exemption from clearing. For example, TRIPRA provides that the initial and variation margin requirements of the joint final rule shall not apply to a non-cleared swap or non-cleared security-based swap in which a counterparty qualifies for an exception under section 2(h)(7)(A) of the Commodity Exchange Act or section 3C(g)(1) of the Securities Exchange Act, which includes certain reporting requirements established by the CFTC or the SEC.39 Certain other counterparties that are exempt from clearing pursuant to other provisions are also required to meet these reporting requirements to notify the CFTC or the SEC.40 Thus, in certain cases, the statutory exemption from clearing requires a notification to the CFTC or SEC. These counterparties may be required to meet the same notification requirements that are required for an exception or exemption from clearing in order to qualify for an exception or exemption pursuant to § 349.1(d) from the initial and variation margin requirements established by the Agencies under sections 731 and 764 of the Dodd-Frank Act. Since this final rule serves to implement exemptions and exceptions by reference to existing statutory provisions, § 349.1(d) imposes new reporting requirements that are required under the relevant statutory provisions.

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Authorizing Statute(s): PL: Pub.L. 111 - 203 100000 Name of Law: Dodd-Frank Act
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 203 100000 Name of Law: Dodd-Frank Act
US Code: 7 USC 6s(e) Name of Law: null
US Code: 15 USC 78o-10(e) Name of Law: null

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 57869	10/29/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 895	01/08/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 11

IC Title	Form No.	Form Name
§ 349.1(d)(1), (d)(2) Meeting criteria for exemption
§ 349.8(h) Escalation Procedures
§ 349.1(h)
§ 349.2 Definition of "Eligible Master Netting Agreement," paragraphs (4)(i) and (ii) § 349.8(g) Documentation § 349.10 Documentation of Margin Matters
§ 349.7(c) Custody Agreement
§ 349.8(c) and (d) Initial Margin Model
§ 349.8(e) Periodic Review § 349.8(f) Control, Oversight, and Validation Mechanisms
§ 349.9(e) Requests for Determinations
§ 349.11(b)(1) Posting Initial Margin
§ 349.5(c)(2)(i) Required Margin
§ 349.8(f)(3) Initial Margin Modeling Report

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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	1,261	1	0	0	1,260	0
Annual Time Burden (Hours)	1,740	1,000	0	0	740	0
Annual Cost Burden (Dollars)	0	0	0	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:

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Annual Cost to Federal Government:

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: 01/21/2020

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