Rule 17Ad-22 Clearing Agency Standards for Operation and Governance

Forms and Documents

Document	Type	Status	Availability
3235-0695 Rule 17Ad-22 Supporting Statement (2023 Resilience and RWP Proposal).pdf	Supporting Statement A	Uploaded 2023-10-30	Repair queued

IC Document Collections

IC ID	Collection	Type	Status	Form
263108	17Ad-22(e)(6) Enhanced Margin (for respondents not registered)		New
263107	17Ad-22(e)(6) Enhanced Margin (for respondents already registered)		New
238130	IC52 - 17Ad-22(e)(23) (for respondent not registered)		Unchanged
238128	IC50 - 17Ad-22(e)(22) (for respondent not registered)		Unchanged
238127	IC48 - 17Ad-22(e)(21) (for respondent not registered)		Unchanged
238126	IC46 - 7Ad-22(e)(20) (for respondent not registered)		Unchanged
238125	IC44 - 17Ad-22(e)(19) (for respondent not registered)		Unchanged
238124	IC42 - 17Ad-22(e)(18) (for respondent not registered)		Unchanged
238123	IC40 - 17Ad-22(e)(17) (for respondent not registered)		Unchanged
238122	IC38 - 17Ad-22(e)(16) (for respondent not registered)		Unchanged
238121	IC36 - 17Ad-22(e)(15) (for respondent not registered)		Unchanged
238120	IC34 - 17Ad-22(e)(14) (for respondent not registered)		Unchanged
238119	IC32 - 17Ad-22(e)(13) (for respondent not registered)		Unchanged
238118	IC30 - 17Ad-22(e)(12) (for respondents not registered)		Unchanged
238117	IC27 - 17Ad-22(e)(10) (for respondent not registered)		Unchanged
238116	IC25 - 17Ad-22(e)(9) (for respondent not registered)		Unchanged
238115	IC23 - 17Ad-22(e)(8) (for respondent not registered)		Unchanged
238114	IC21 - 17Ad-22(e)(7) (for respondent not registered)		Unchanged
238113	IC19 - 17Ad-22(e)(6) (for respondent not registered)		Unchanged
238112	IC17 - 17Ad-22(e)(5) (for respondent not registered)		Unchanged
238111	IC15 - 17Ad-22(e)(4) (for respondent not registered)		Unchanged
238110	IC13 - 17Ad-22(e)(3) (for respondent not registered)		Unchanged
238109	IC11 - 17Ad-22(e)(2) (for respondent not registered)		Unchanged
238107	IC9 - 17Ad-22(e)(1) (for respondent not registered)		Unchanged
238106	IC6 - Rule 17Ad-22(c)(2) (for respondents not registered)		Unchanged
238102	IC7 - Rules 17Ad-22(d)(1)-(15)		Unchanged
223780	IC51 - 17Ad-22(e)(23) (for respondents already registered)		Unchanged
223779	IC49 - 17Ad-22(e)(22) (for respondents already registered)		Unchanged
223778	IC47 - 17Ad-22(e)(21) (for respondents already registered)		Unchanged
223777	IC45 - 17Ad-22(e)(20) (for respondents already registered)		Unchanged
223776	IC43 - 17Ad-22(e)(19) (for respondents already registered)		Unchanged
223775	IC41 - 17Ad-22(e)(18) (for respondents already registered)		Unchanged
223774	IC39 - 17Ad-22(e)(17) (for respondents already registered		Unchanged
223773	IC 37 - 17Ad-22(e)(16) (for respondents already registered)		Unchanged
223772	IC 35 - 17Ad-22(e)(15) (for respondents already registered)		Unchanged
223771	IC33 - 17Ad-22(e)(14) (for respondents already registered)		Unchanged
223770	IC31 - 17Ad-22(e)(13) (for respondents already registered)		Unchanged
223769	IC29 - 17Ad-22(e)(12) (for respondents already registered)		Unchanged
223768	IC28 - Rule 17Ad-22(e)(11)		Unchanged
223767	IC26 - 17Ad-22(e)(10) (for respondents already registered)		Unchanged
223766	IC24 - 17Ad-22(e)(9) (for respondents already registered)		Unchanged
223765	IC22 - 17Ad-22(e)(8) (for respondents already registered)		Unchanged
223764	IC20 - 17Ad-22(e)(7) (for respondents already registered)		Unchanged
223763	IC18 - 17Ad-22(e)(6) (for respondents already registered)		Unchanged
223762	IC16 - 17Ad-22(e)(5) (for respondents already registered)		Unchanged
223761	IC14 - 17Ad-22(e)(4) (for respondents already registered)		Unchanged
223760	IC12 - 17Ad-22(e)(3) (for respondents already registered)		Unchanged
223759	IC10 - 17Ad-22(e)(2) (for respondents already registered)		Unchanged
223758	Rule 17Ad-22(e)(1)		Unchanged
203049	IC5 - Rule 17Ad-22(c)(2) (for respondents already registered)		Unchanged
203048	IC4 - Rule 17Ad-22(c)(1) - Record of Financial Resources		Unchanged
203044	IC3 - Rules 17Ad-22(b)(5)-(7)		Unchanged
203043	IC2 - Rule 17Ad-22(b)(4) - Model Validation		Unchanged
203040	IC1 - Rules 17Ad-22(b)(1)-(3)		Unchanged

ICR Details

OMB Control No: 3235-0695	ICR Reference No: 202310-3235-024
Status: Received in OIRA	Previous ICR Reference No: 202207-3235-014
Agency/Subagency: SEC	Agency Tracking No: TM-270-646
Title: Rule 17Ad-22 Clearing Agency Standards for Operation and Governance
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/30/2023

	Requested	Previously Approved
Expiration Date	04/30/2026	04/30/2026
Responses	254	247
Time Burden (Hours)	9,428	8,532
Cost Burden (Dollars)	14,041,280	14,041,280

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Abstract: Rule 17Ad-22 sets standards for the operation and governance of “covered clearing agencies” (which consist of designated clearing agencies, clearing agencies involved in activities with a more complex risk profile for which the Commodity Futures Trading Commission is not the Supervisory Agency, and any clearing agency determined to be a covered clearing agency by the Commission). Specifically, Rule 17Ad-22 requires covered clearing agencies to establish, implement, maintain and enforce written policies and procedures designed to promote effective risk management procedures and controls as well as meet the statutory requirements under the Exchange Act on an ongoing basis. This submission proposed to add two new information collections arising out of the SEC's proposal to amend Rule 17Ad-26(e)(6). The proposed partial revision would not change any of the other information collections in this control number.

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Authorizing Statute(s): US Code: 15 USC 78q-1 Name of Law: Securities Exchange Act of 1934
   US Code: 15 USC 5464(a)(2) Name of Law: Wall Street Reform and Consumer Protection Act
   US Code: 15 USC 78c-3 Name of Law: Securities Exchange Act of 1934
  

Citations for New Statutory Requirements: US Code: 12 USC 5464(a)(2) Name of Law: Wall Street Reform and Consumer Protection Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AN19	Proposed rulemaking	88 FR 34708	05/30/2023

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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: 54

IC Title	Form No.	Form Name
17Ad-22(e)(6) Enhanced Margin (for respondents already registered)
17Ad-22(e)(6) Enhanced Margin (for respondents not registered)
IC 35 - 17Ad-22(e)(15) (for respondents already registered)
IC 37 - 17Ad-22(e)(16) (for respondents already registered)
IC1 - Rules 17Ad-22(b)(1)-(3)
IC10 - 17Ad-22(e)(2) (for respondents already registered)
IC11 - 17Ad-22(e)(2) (for respondent not registered)
IC12 - 17Ad-22(e)(3) (for respondents already registered)
IC13 - 17Ad-22(e)(3) (for respondent not registered)
IC14 - 17Ad-22(e)(4) (for respondents already registered)
IC15 - 17Ad-22(e)(4) (for respondent not registered)
IC16 - 17Ad-22(e)(5) (for respondents already registered)
IC17 - 17Ad-22(e)(5) (for respondent not registered)
IC18 - 17Ad-22(e)(6) (for respondents already registered)
IC19 - 17Ad-22(e)(6) (for respondent not registered)
IC2 - Rule 17Ad-22(b)(4) - Model Validation
IC20 - 17Ad-22(e)(7) (for respondents already registered)
IC21 - 17Ad-22(e)(7) (for respondent not registered)
IC22 - 17Ad-22(e)(8) (for respondents already registered)
IC23 - 17Ad-22(e)(8) (for respondent not registered)
IC24 - 17Ad-22(e)(9) (for respondents already registered)
IC25 - 17Ad-22(e)(9) (for respondent not registered)
IC26 - 17Ad-22(e)(10) (for respondents already registered)
IC27 - 17Ad-22(e)(10) (for respondent not registered)
IC28 - Rule 17Ad-22(e)(11)
IC29 - 17Ad-22(e)(12) (for respondents already registered)
IC3 - Rules 17Ad-22(b)(5)-(7)
IC30 - 17Ad-22(e)(12) (for respondents not registered)
IC31 - 17Ad-22(e)(13) (for respondents already registered)
IC32 - 17Ad-22(e)(13) (for respondent not registered)
IC33 - 17Ad-22(e)(14) (for respondents already registered)
IC34 - 17Ad-22(e)(14) (for respondent not registered)
IC36 - 17Ad-22(e)(15) (for respondent not registered)
IC38 - 17Ad-22(e)(16) (for respondent not registered)
IC39 - 17Ad-22(e)(17) (for respondents already registered
IC4 - Rule 17Ad-22(c)(1) - Record of Financial Resources
IC40 - 17Ad-22(e)(17) (for respondent not registered)
IC41 - 17Ad-22(e)(18) (for respondents already registered)
IC42 - 17Ad-22(e)(18) (for respondent not registered)
IC43 - 17Ad-22(e)(19) (for respondents already registered)
IC44 - 17Ad-22(e)(19) (for respondent not registered)
IC45 - 17Ad-22(e)(20) (for respondents already registered)
IC46 - 7Ad-22(e)(20) (for respondent not registered)
IC47 - 17Ad-22(e)(21) (for respondents already registered)
IC48 - 17Ad-22(e)(21) (for respondent not registered)
IC49 - 17Ad-22(e)(22) (for respondents already registered)
IC5 - Rule 17Ad-22(c)(2) (for respondents already registered)
IC50 - 17Ad-22(e)(22) (for respondent not registered)
IC51 - 17Ad-22(e)(23) (for respondents already registered)
IC52 - 17Ad-22(e)(23) (for respondent not registered)
IC6 - Rule 17Ad-22(c)(2) (for respondents not registered)
IC7 - Rules 17Ad-22(d)(1)-(15)
IC9 - 17Ad-22(e)(1) (for respondent not registered)
Rule 17Ad-22(e)(1)

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ICR Summary of Burden

	Total Request	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	254	247	0	7	0	0
Annual Time Burden (Hours)	9,428	8,532	0	896	0	0
Annual Cost Burden (Dollars)	14,041,280	14,041,280	0	0	0	0

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 has proposed an amendment to the rule that would add two new information collections with hour burdens. These are discussed in more detail in the attached Supporting Statement.

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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]? 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: 10/30/2023

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