Rule 17a-12; Reporting Requirements for OTC Derivatives Dealers.

Forms and Documents

Document Name	Status
Form SEC 2430 Rule 17a-12; Reporting Requirements for OTC Derivatives Dealers. Form and Instruction	Modified
89 FR 80969 (OMB 3235–0498).pdf Supplementary Document	2024-10-08
89 FR 59945 (OMB 3235-0498).pdf Supplementary Document	2024-10-08
Supporting Statement_Rule 17a-12 2024 DGL REVISED.pdf Supporting Statement A	2024-07-02
3235-0498 2021-24427.pdf Supplementary Document	2022-01-11
3235-0498.pdf Supplementary Document	2022-01-11
30 day notice for Rule 17a-12.pdf Supplementary Document	2019-02-05
60 day notice for Rule 17a-12.pdf Supplementary Document	2019-02-05

IC Document Collections

IC ID	Document Title	Status
35256	Rule 17a-12; Reporting Requirements for OTC Derivatives Dealers. Form and Instruction	Modified
204890	Rule 17a-12 Professional Accountant Review Requirements	Modified

ICR Details

OMB Control No: 3235-0498	ICR Reference No: 202407-3235-003
Status: Received in OIRA	Previous ICR Reference No: 202110-3235-010
Agency/Subagency: SEC	Agency Tracking No: TM-270-442
Title: Rule 17a-12; Reporting Requirements for OTC Derivatives Dealers.
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/08/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/28/2025
Responses	6	4
Time Burden (Hours)	540	360
Cost Burden (Dollars)	138,900	92,600

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Abstract: Rule 17a-12 sets forth requirements for OTC derivatives dealers registered with the Commission to report financial and operational information to the Commission. Form X-17A-5IIB is the form used by OTC derivatives dealers to report this information.

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Authorizing Statute(s): US Code: 15 USC 78a 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:
	89 FR 59945	07/24/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 80969	10/04/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Rule 17a-12 Professional Accountant Review Requirements
Rule 17a-12; Reporting Requirements for OTC Derivatives Dealers.	SEC 2430	Form X-17A-5

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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	6	4	0	0	2	0
Annual Time Burden (Hours)	540	360	0	0	180	0
Annual Cost Burden (Dollars)	138,900	92,600	0	0	46,300	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 estimated time burden increased from approximately 360 hours per year to approximately 540 hours per year and the estimated cost burden increased from approximately $92,600 per year to approximately $138,900 per year because the number of respondents subject to the rule increased from 2 to 3.

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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: 10/08/2024

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