Reporting, Recordkeeping, and Disclosure Requirements Associated with Proprietary Trading and Certain Interests in and Relationships with Covered Funds

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
1557-0309 Volcker Supporting Statement 8-18-22 (cite added).docx	Supporting Statement A	Uploaded 2023-02-24	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
240705	Section 10(c)(18)(ii)(C)(1) Recordkeeping - Ongoing Burden		Modified
240704	Section 4(c)(3)(i) Recordkeeping - Ongoing		Unchanged
240703	Section 3(d)(3) Recordkeeping - Ongoing		Modified
240702	Section 10(c)(18)(ii)(C)(1) Recordkeeping - Initial Setup		Modified
240701	Section 4(c)(3)(i) Recordkeeping - Initial Setup		Unchanged
240700	Section 3(d)(3) Recordkeeping - Initial Setup		Unchanged
240699	Section 20(i) Reporting - Ongoing		Unchanged
240698	Section 20(i) Reporting - Initial Setup		Unchanged
240697	Section 4(c)(3)(i) Reporting - Ongoing		Unchanged
240696	Section 4(c)(3)(i) Reporting - Initial Set up		Unchanged
231541	Section 44.20(d) - $20 billion - Appendix Reporting Requirements - Ongoing Burden		Unchanged
231540	Section 44.20(d) - $20 billion - Appendix Reporting Requirements - Initial Set-up		Unchanged
231539	Section 44.20(c) - CEO Attestation - Ongoing Burden		Unchanged
231538	Section 44.20(c) - CEO Attestation - Initial Set-up		Unchanged
231537	Section 44.20(b) - Compliance Program - Ongoing Burden		Unchanged
231536	Section 44.20(b) - Compliance Program - Initial Set-up		Unchanged
231533	Section 44.20(d) - Appendix Reporting - $20 Billion - Ongoing Burden		Unchanged
231532	Section 44.20(d) - Appendix Reporting - $20 Billion - Initial Set-up		Unchanged
209660	Section 11(a)(8)(i) - Covered Fund Disclosures - Ongoing Burden		Unchanged
209659	Section 11(a)(8)(i) - Covered Fund Disclosures - Initial Set-up		Unchanged
209658	Section 20(f)(2) - Compliance Program for Entities with Modest Activities -Ongoing Burden		Unchanged
209657	Section 20(f)(2) - Compliance Program for Entities with Modest Activities - Initial Set-up		Unchanged
199647	Section 20(f)(1) - Compliance Program for Entities with No Covered Activities - Ongoing Burden		Unchanged
199646	Section 20(f)(1) - Compliance Program for Entities with No Covered Activities - Initial Set-up		Unchanged
199645	Section 20(e) - Additional Documentation for Covered Funds - Ongoing Burden		Unchanged
199643	Section 20(e) - Additional Documentation for Covered Funds - Initial Set-up		Unchanged
199642	Section 5(c) - Documentation of Purchases and Sales - Ongoing Burden		Unchanged
199641	Section 5(c) - Documentation of Purchases and Sales - Initial Set-up		Unchanged
199640	Section 4(b)(3)(i)(A) - Trading Desk Documentation of Client, Customer or Counterparty - Ongoing Burden		Unchanged
199639	Section 4(b)(3)(i)(A) - Trading Desk Documentation of Client, Customer or Counterparty - Initial Set-up		Unchanged
199636	Section 11(a)(2) - Documentation of Advisory Services - Ongoing Burden		Unchanged
199635	Section 11(a)(2) - Documentation of Advisory Services - Initial Set-up		Unchanged
199634	Section 12(e) - Application for Extension of Time to Meet Requirements on Ownership Limitations - Ongoing Burden		Unchanged
199633	Section 12(e) - Application for Extension of Time Meet Requirements on Ownership Limitiations - Initial Set-up		Unchanged

ICR Details

OMB Control No: 1557-0309	ICR Reference No: 202210-1557-001
Status: Historical Active	Previous ICR Reference No: 202006-1557-003
Agency/Subagency: TREAS/OCC	Agency Tracking No:
Title: Reporting, Recordkeeping, and Disclosure Requirements Associated with Proprietary Trading and Certain Interests in and Relationships with Covered Funds
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: 04/11/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/24/2023
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2026	36 Months From Approved	09/30/2023
Responses	2,242	0	2,242
Time Burden (Hours)	20,411	0	20,411
Cost Burden (Dollars)	0	0	0

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Abstract: Section 619 of the Dodd-Frank Act added a new section 13 to the Bank Holding Company (BHC) Act (BHC Act) (codified at 12 U.S.C. 1851) that generally prohibits any banking entity from engaging in proprietary trading or from acquiring or retaining an ownership interest in, sponsoring, or having certain relationships with a hedge fund or private equity fund, subject to certain exemptions. The OCC’s version of the rule is codified at 12 CFR part 44. The reporting, recordkeeping, and disclosure requirements associated with the rule permit banking entities and the OCC to enforce compliance with section 13 of the BHC Act and the rule and to identify, monitor, and limit risks of activities permitted under section 13.

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Authorizing Statute(s): PL: Pub.L. 111 - 203 619 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act
  

Citations for New Statutory Requirements: None

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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 51729	08/23/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 11978	02/24/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 34

table that charts list of burden

IC Title	Form No.	Form Name
Section 10(c)(18)(ii)(C)(1) Recordkeeping - Initial Setup
Section 10(c)(18)(ii)(C)(1) Recordkeeping - Ongoing Burden
Section 11(a)(2) - Documentation of Advisory Services - Initial Set-up
Section 11(a)(2) - Documentation of Advisory Services - Ongoing Burden
Section 11(a)(8)(i) - Covered Fund Disclosures - Initial Set-up
Section 11(a)(8)(i) - Covered Fund Disclosures - Ongoing Burden
Section 12(e) - Application for Extension of Time Meet Requirements on Ownership Limitiations - Initial Set-up
Section 12(e) - Application for Extension of Time to Meet Requirements on Ownership Limitations - Ongoing Burden
Section 20(e) - Additional Documentation for Covered Funds - Initial Set-up
Section 20(e) - Additional Documentation for Covered Funds - Ongoing Burden
Section 20(f)(1) - Compliance Program for Entities with No Covered Activities - Initial Set-up
Section 20(f)(1) - Compliance Program for Entities with No Covered Activities - Ongoing Burden
Section 20(f)(2) - Compliance Program for Entities with Modest Activities - Initial Set-up
Section 20(f)(2) - Compliance Program for Entities with Modest Activities -Ongoing Burden
Section 20(i) Reporting - Initial Setup
Section 20(i) Reporting - Ongoing
Section 3(d)(3) Recordkeeping - Initial Setup
Section 3(d)(3) Recordkeeping - Ongoing
Section 4(b)(3)(i)(A) - Trading Desk Documentation of Client, Customer or Counterparty - Initial Set-up
Section 4(b)(3)(i)(A) - Trading Desk Documentation of Client, Customer or Counterparty - Ongoing Burden
Section 4(c)(3)(i) Recordkeeping - Initial Setup
Section 4(c)(3)(i) Recordkeeping - Ongoing
Section 4(c)(3)(i) Reporting - Initial Set up
Section 4(c)(3)(i) Reporting - Ongoing
Section 44.20(b) - Compliance Program - Initial Set-up
Section 44.20(b) - Compliance Program - Ongoing Burden
Section 44.20(c) - CEO Attestation - Initial Set-up
Section 44.20(c) - CEO Attestation - Ongoing Burden
Section 44.20(d) - $20 billion - Appendix Reporting Requirements - Initial Set-up
Section 44.20(d) - $20 billion - Appendix Reporting Requirements - Ongoing Burden
Section 44.20(d) - Appendix Reporting - $20 Billion - Initial Set-up
Section 44.20(d) - Appendix Reporting - $20 Billion - Ongoing Burden
Section 5(c) - Documentation of Purchases and Sales - Initial Set-up
Section 5(c) - Documentation of Purchases and Sales - Ongoing Burden

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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	2,242	2,242	0	0	0	0
Annual Time Burden (Hours)	20,411	20,411	0	0	0	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? 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: 02/24/2023

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