Notice2023-01250
Submission for OMB Review; Comment Request; Extension: Rule 3a71-3(d)
Primary source
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Published
January 24, 2023
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 88 Issue 15 (Tuesday, January 24, 2023)</title>
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[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Notices]
[Page 4252]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01250]
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SECURITIES AND EXCHANGE COMMISSION
[SEC File No. 270-817, OMB Control No. 3235-0771]
Submission for OMB Review; Comment Request; Extension: Rule 3a71-
3(d)
Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736
Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule
3a71-3(d), (17 CFR 240.3a71-3(d)), under the Securities Exchange Act of
1934 (``Exchange Act'') (15 U.S.C. 78a et seq.).
Rule 3a71-3 under the Exchange Act provides in part that, for
purposes of determining whether they can avail themselves of the de
minimis exception to the ``security-based swap dealer'' definition,
non-U.S. persons must count certain dealing transactions with non-U.S.
counterparties that have been ``arranged, negotiated, or executed'' by
personnel in the United States. Rule 3a71-3(d) provides an exception
from that ``arranged, negotiated, or executed'' counting requirement.
The Commission estimates that up to 24 entities may seek to rely on
the exception to the de minimis counting requirement of Rule 3a71-3. In
connection with the conditions to the exception, each of those up to 24
entities would make use of an affiliated registered security-based swap
dealer or registered broker. In general, the registered entity would be
required to comply with the collections of information. Applications
for ``listed jurisdiction'' status may be submitted by the up to 24
relying entities, but the staff believes that the greater portion of
such applications will be submitted by foreign financial authorities.
The Commission estimates that the total annual time burden for Rule
3a71-3(d), for all respondents, is approximately 235,243 hours per
year. In addition, the Commission estimates that the total annual cost
burden for Rule 3a71-3(d), for all respondents, is approximately
$1,242,595 per year. A detailed break-down of the burdens is provided
in the supporting statement.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
The public may view background documentation for this information
collection at the following website: <a href="http://www.reginfo.gov">www.reginfo.gov</a>. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent by February 23, 2023 to (i) <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a> and (ii) David Bottom, Director/Chief Information
Officer, Securities and Exchange Commission, c/o John Pezzullo, 100 F
Street NE, Washington, DC 20549, or by sending an email to:
<a href="/cdn-cgi/l/email-protection#c49496859b89a5ada8a6abbc84b7a1a7eaa3abb2"><span class="__cf_email__" data-cfemail="bbebe9fae4f6dad2d7d9d4c3fbc8ded895dcd4cd">[email protected]</span></a>.
Dated: January 18, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-01250 Filed 1-23-23; 8:45 am]
BILLING CODE 8011-01-P
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