Temporary Conditional Exemptive Order in Connection with the Request of CME Re: Central Clearing of CDSs

Forms and Documents

Document Name	Status

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Document Title	Status
195578	CME Exemptive Order	New

ICR Details

OMB Control No: 3235-0674	ICR Reference No: 201012-3235-002
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: SEC	Agency Tracking No: TM-270-627
Title: Temporary Conditional Exemptive Order in Connection with the Request of CME Re: Central Clearing of CDSs
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 02/16/2011
	Date Received in OIRA: 12/06/2010
Terms of Clearance: Burden was reclassified as due to change in agency estimate.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2014	36 Months From Approved
Responses	20	0	0
Time Burden (Hours)	110	0	0
Cost Burden (Dollars)	2,000,000	0	0

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Abstract: The Chicago Mercantile Exchange, Inc. (“CME”) CDS CCP Temporary Conditional Exemptive Order is designed to exempt CME and certain CME members from specified requirements of the Securities and Exchange Act of 1934 to facilitate central clearing of credit default swaps. In response to CME’s request, the Commission temporarily extended and expanded the exemptions in December 2009 and in March 2010. The current exemptions pursuant to the March 2010 CME Exemptive Order expired on November 30, 2010. CME has requested that the Commission extend and modify the exemptions contained in the March 2010 CME Exemptive Order until July 16, 2011.

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Authorizing Statute(s): US Code: 15 USC 36(a) 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
	Other Documents for OIRA Review

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 75522	12/03/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 75522	12/03/2010
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
CME Exemptive Order

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ICR Summary 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	20	0	0	0	20	0
Annual Time Burden (Hours)	110	0	0	0	110	0
Annual Cost Burden (Dollars)	2,000,000	0	0	0	2,000,000	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 purpose of the Temporary Conditional Exemptive Order is to assure that cleared CDS customers are aware that (i) the clearing member is not regulated by the Commission, (ii) U.S. broker-dealer segregation requirements and protections under the Securities Investor Protection Act (“SIPA”) will not apply to any funds or securities held by the clearing member, and (iii) the customers’ ability to recover any funds or securities on deposit with the clearing member as collateral for cleared CDS transactions and positions are dependent on applicable solvency laws. The estimated annual burden is 110 hours.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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? Uncollected

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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: 12/06/2010

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