OMB files this
comment in accordance with 5 CFR 1320.11( c ). 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. Pursuant to
5 CFR 1320.11(c), OMB files this comment on this information
collection request (ICR). 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.
Inventory as of this Action
Requested
Previously Approved
01/31/2020
36 Months From Approved
03/31/2020
209
0
209
13,398
0
13,398
11,894,080
0
11,894,080
The Securities and Exchange Commission
(“Commission”) is proposing to amend the definitions of “covered
clearing agency” in Rule 17Ad-22(a)(5), “central securities
depository services” in Rule 17Ad-22(a)(3), and “sensitivity
analysis” in Rule 17Ad-22(a)(16) pursuant to Section 17A of the
Securities Exchange Act of 1934 (“Exchange Act”) and the Payment,
Clearing, and Settlement Supervision Act of 2010 (“Clearing
Supervision Act”), enacted in Title VIII of the Dodd-Frank Wall
Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank
Act”). Specifically, the Commission is proposing to amend Rule
17Ad-22(a)(5) to define “covered clearing agency” to mean a
registered clearing agency that provides the services of a central
counterparty (“CCP”) or central securities depository (“CSD”). The
Commission also is proposing to amend Rule 17Ad-22(a)(3) to define
“central securities depository" to mean a clearing agency that is a
securities depository as described in Section 3(a)(23)(A) of the
Exchange Act. In addition, the Commission is proposing to amend the
definition of “sensitivity analysis” in Rule 17Ad-22(a)(16) so that
the policies and procedures of all covered clearing agencies that
are CCPs provide for a sensitivity analysis that considers the most
volatile relevant periods, where practical, that have been
experienced by the markets served by the covered clearing agency.
The proposed amendments would add one new respondent to the ICRs in
most of the paragraphs of Rule 17Ad-22(e), but does not otherwise
change the substantive requirements in the rule. This submission
revises the previously-approved estimates by adding new estimates
for the one additional respondent. These estimates were added
separately for each affected paragraph because the
previously-approved estimates included one-time initial burdens
that have been partially incurred. Accordingly, we needed to add
the new respondent as a separate entry so the initial one-time
burden for that respondent would be accounted for accurate. We also
revised the amount of the one-time burden for the
previously-approved estimates, given that a portion of that burden
has already been incurred (i.e., approximately two-thirds of the
one-time burden will have been incurred when the Commission adopts
the final rules). In addition, this submission makes corrections to
previously approved burdens in paragraphs (a) through (d) of the
rule to remove one-time burdens that have already been fully
incurred and to correct the number of responses per year pursuant
to paragraph (d).
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
US Code: 12 USC 5464(a)(2) Name of Law: Wall
Street Reform and Consumer Protection Act
The burden estimates for Rules
17Ad-22(b), (c), and (d) have been revised (1) to make a correction
to remove the initial ongoing burden, which has already been
incurred; and (2) to make a correction to adjust the number of ICRs
in paragraph (c) from once to four times per year. With respect to
Rule 17Ad-22(e), the amendments in the proposed rulemaking would
increase the number of respondents by 1 for most of the ICRs in the
rule. As a result of the additional respondent, the total burden
will increase, although the Commission is not changing its
previously-approved estimates with respect to each entity. The
additional burdens for the new respondent was added as separate
entries in the ICR because the burdens approved for the other
respondents include one-time burdens that have been only partially
incurred. We found that we could not combine the one-time burdens
for the new respondent with the partially-incurred one-time burdens
for the existing respondents, so we made separate entries. We also
revised the one-time burdens for the existing respondents (for an
overall decrease) since those have already been partially incurred
and we are requesting a new three-year expiration period.
$0
No
No
No
No
Yes
No
Uncollected
Catherine Moore 202 551-5718
mooreca@sec.gov
No
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:
(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;
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.