Recordkeeping and Disclosure Requirements Associated with Regulation R

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
FRR_20240130_83c.pdf	Justification for No Material/Nonsubstantive Change	Uploaded 2024-01-30	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
181448	Disclosure Section 218.741 Disclosures to customers		Modified
181447	Disclosure Section 218.701 Disclosures to brokers		Modified
181446	Disclosure Section 218.701 Disclosures to customers		Modified
181445	Recordkeeping Section 218.723		Modified

ICR Details

OMB Control No: 7100-0316	ICR Reference No: 202305-7100-006
Status: Historical Active	Previous ICR Reference No: 202101-7100-001
Agency/Subagency: FRS	Agency Tracking No: FR R
Title: Recordkeeping and Disclosure Requirements Associated with Regulation R
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Delegated
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/30/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/30/2024
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2024	01/31/2024	01/31/2024
Responses	751,769	0	902,250
Time Burden (Hours)	62,709	0	75,563
Cost Burden (Dollars)	0	0	0

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Abstract: The Board’s Regulation R - Exceptions for Banks from the Definition of Broker in the Securities Exchange Act of 1934 (12 CFR Part 218) implements certain exceptions for banks from the definition of broker under section 3(a)(4) of the Securities Exchange Act of 1934 (Exchange Act). The Exchange Act defines banks to include banking institutions organized in the United States, including members of the Federal Reserve System, Federal savings associations, and other commercial banks, savings associations, and nondepository trust companies that are organized under the laws of a state or the United States and subject to supervision and examination by state or federal authorities having supervision over banks and savings associations. Sections 701, 723, and 741 of Regulation R contain certain transactional recordkeeping provisions for banks that utilize these exceptions and certain customer and counterparty disclosure requirements.

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Authorizing Statute(s): US Code: 15 USC 78c(b) Name of Law: Securities Exchange Act of 1934
   US Code: 12 USC 248(a) Name of Law: Federal Reserve Act
   US Code: 12 USC 324 Name of Law: Federal Reserve Act
   US Code: 15 USC 78c(a)(4)(F) Name of Law: Securities Exchange Act of 1934
  

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:
	84 FR 68454	12/16/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 52350	08/25/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

table that charts list of burden

IC Title	Form No.	Form Name
Disclosure Section 218.701 Disclosures to brokers
Disclosure Section 218.701 Disclosures to customers
Disclosure Section 218.741 Disclosures to customers
Recordkeeping Section 218.723

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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	751,769	902,250	0	0	-150,481	0
Annual Time Burden (Hours)	62,709	75,563	0	0	-12,854	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: The decrease in total annual burden hours reflects an update to the respondent count.

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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]? No

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: 01/30/2024

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