Rules 15Fi-3 through 15Fi-5 – Risk Mitigation Techniques for Uncleared Security-Based Swaps

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
3235-0777 Supporting Statement (2023 Proposed Partial Revision).pdf	Supporting Statement A	Uploaded 2023-05-05	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
239610	Audit of Documentation		Unchanged
239609	Documentation Policies and Procedures (SEC Only) (Initial Burden)		Unchanged
239608	Documentation Policies and Procedures (SEC Only) (Ongoing Burden)		Unchanged
239607	Documentation Policies and Procedures (Dual SEC/CFTC) (Initial Burden)		Unchanged
239606	Documentation Policies and Procedures Dual SEC/CFTC) (Ongoing Burden)		Unchanged
239605	Prepare and Negotiate Documentation		Unchanged
239604	Compression Policies and Procedures (SEC Only) (Initial Burden)		Unchanged
239603	Compression Policies and Procedures (SEC Only) (Ongoing Burden)		Unchanged
239500	Compression Policies and Procedures (Dual SEC/CFTC) (Initial Burden)		Unchanged
239498	Compression Policies and Procedures (Dual SEC/CFTC) (Ongoing Burden)		Unchanged
239497	Compression and Offsets with All Counterparties		Modified
239496	Valuation Dispute Notices		Modified
239495	Reconciliation Policies and Procedures (SEC Only) (Initial Burden)		Unchanged
239494	Reconciliation Policies and Procedures (SEC Only) (Ongoing Burden)		Unchanged
239493	Reconciliation Policies and Procedures (Dual SEC/CFTC) (Initial Burden)		Unchanged
239491	Reconciliation Policies and Procedures (Dual SEC/CFTC) (Ongoing Burden)		Unchanged
239490	Reconciliation with non-SBS Entities		Unchanged
239489	Reconciliation with other SBS Entities		Unchanged

ICR Details

OMB Control No: 3235-0777	ICR Reference No: 202305-3235-002
Status: Historical Inactive	Previous ICR Reference No: 202108-3235-011
Agency/Subagency: SEC	Agency Tracking No: TM-270-822
Title: Rules 15Fi-3 through 15Fi-5 – Risk Mitigation Techniques for Uncleared Security-Based Swaps
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 07/05/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 05/06/2023
Terms of Clearance: Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. The agency shall examine public comment in response to the NPRM and will describe in the supporting statement of its next collection any public comments received regarding the collection as well as why (or why it did not) incorporate the commenter’s recommendation. The next submission to OMB must include the draft final rule.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2025	01/31/2025	01/31/2025
Responses	128,590	0	128,590
Time Burden (Hours)	440,382	0	440,382
Cost Burden (Dollars)	0	0	0

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Abstract: The SEC adopted rules prescribing standards for security-based swap dealers and major security-based swap participants related to the timely and accurate confirmation, processing, netting, documentation, and valuation of all security-based swaps. The Commission proposes to require Rule 15Fi-3(c) valuation dispute notices (and any amendments of the notices) to the Commission to be submitted electronically on the Commission’s EDGAR system using a custom XML based language.

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Authorizing Statute(s): US Code: 15 USC 78o-10(i) Name of Law: Securities Exchange Act of 1934 (section 15F(i)(2))
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AL85	Proposed rulemaking	88 FR 23920	04/18/2023

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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: 18

table that charts list of burden

IC Title	Form No.	Form Name
Audit of Documentation
Compression Policies and Procedures (Dual SEC/CFTC) (Initial Burden)
Compression Policies and Procedures (Dual SEC/CFTC) (Ongoing Burden)
Compression Policies and Procedures (SEC Only) (Initial Burden)
Compression Policies and Procedures (SEC Only) (Ongoing Burden)
Compression and Offsets with All Counterparties
Documentation Policies and Procedures (Dual SEC/CFTC) (Initial Burden)
Documentation Policies and Procedures (SEC Only) (Initial Burden)
Documentation Policies and Procedures (SEC Only) (Ongoing Burden)
Documentation Policies and Procedures Dual SEC/CFTC) (Ongoing Burden)
Prepare and Negotiate Documentation
Reconciliation Policies and Procedures (Dual SEC/CFTC) (Initial Burden)
Reconciliation Policies and Procedures (Dual SEC/CFTC) (Ongoing Burden)
Reconciliation Policies and Procedures (SEC Only) (Initial Burden)
Reconciliation Policies and Procedures (SEC Only) (Ongoing Burden)
Reconciliation with non-SBS Entities
Reconciliation with other SBS Entities
Valuation Dispute Notices

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Commission recently proposed an electronic filing requirement, which would affect the manner of the information collection, but we estimate that it would not change the current estimated burden. This proposal is discussed in more detail in the attached Supporting Statement. In addition, the supporting statement reflects the estimated increase in the hourly burden of submitting valuation dispute notices to account for submission of amended notices as described in the Commission's Risk Mitigation Adopting Release.

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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.     Yes

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: 05/06/2023

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