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

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
3235-0738.pdf	Supplementary Document	Uploaded 2022-11-19	Repair queued
3235-0738.pdf	Supplementary Document	Uploaded 2022-11-19	Available
3235-0738 60 day notice.pdf	Supplementary Document	Uploaded 2019-10-28	Repair queued
30 Day Notice 3235-0738.pdf	Supplementary Document	Uploaded 2019-10-28	Repair queued
13n-4 supporting statement.pdf	Supporting Statement A	Uploaded 2022-08-18	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
219398	13n-4(d) - Records of Requests		Modified
219397	13n-4(d) - Providing Notification of Requests		Modified
219396	13n-4(b)(9) - Systems Costs		Modified
219395	13n-4(b)(9)(x) - Request for Access		Modified
219394	13n-4(b)(10) - MOUs		Modified

ICR Details

OMB Control No: 3235-0738	ICR Reference No: 202208-3235-017
Status: Historical Active	Previous ICR Reference No: 201906-3235-004
Agency/Subagency: SEC	Agency Tracking No: TM-270-793
Title: 13n-4 - Access to Data Obtained by Security-Based Swap Data Repositories and Exemption from Indemnification Requirement
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/09/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/19/2022
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2026	36 Months From Approved	02/28/2023
Responses	247	0	3,071
Time Burden (Hours)	11,405	0	35,780
Cost Burden (Dollars)	120,000	0	400,000

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Abstract: The rule amendments implement the conditional Exchange Act requirement that security-based swap data repositories make data available to certain regulators and other authorities, and would set forth a conditional exemption from the statutory indemnification requirement associated with that regulatory access provision.

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Authorizing Statute(s): PL: Pub.L. 114 - 94 86001(b) Name of Law: FAST Act
   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
  

Citations for New Statutory Requirements: US Code: 15 USC 78(m)(n) Name of Law: Section 13(n) of the Securities Exchange Act of 1934

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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:
	87 FR 52420	08/25/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 69354	11/18/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 5

table that charts list of burden

IC Title	Form No.	Form Name
13n-4(b)(10) - MOUs
13n-4(b)(9) - Systems Costs
13n-4(b)(9)(x) - Request for Access
13n-4(d) - Providing Notification of Requests
13n-4(d) - Records of Requests

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ICR Summary of Burden

table that charts list 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	247	3,071	0	0	-2,824	0
Annual Time Burden (Hours)	11,405	35,780	0	0	-24,375	0
Annual Cost Burden (Dollars)	120,000	400,000	0	0	-280,000	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: These estimates have been modified from the estimates associated with prior supporting statements to reflect updated data associated with the implementation of the relevant data access regime. One key change is that the current estimates are based on there being three security-based swap data repositories (related to the systems, notification and records burdens), rather than 10 as reflected in prior estimates. The other key changes are that the current estimates are based on there being 50 total potential entities that may enter into MOUs, rather than 30 entities as reflected in prior estimates; and on there being 41 total potential entities that may request access from the Commission, rather than 21 entities as reflected in prior estimates. Those latter changes in part reflect the inclusion of non-U.S. entities among the relevant entities that may incur those burdens, as well as a lower estimate of the total number of entities that may seek access to this data (from 300 to 50 total entities).

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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? No

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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: 11/19/2022

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