Notice2025-21769
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension: Rule 3a71-3(d)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 2, 2025
Issuing agencies
Securities and Exchange Commission
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 229 (Tuesday, December 2, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 229 (Tuesday, December 2, 2025)]
[Notices]
[Page 55326]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21769]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[OMB Control No. 3235-0771]
Agency Information Collection Activities; Proposed Collection;
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 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (SEC or ``Commission'') is soliciting comments on the
proposed collection of information.
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 information collection is required to obtain or retain a benefit
and the information is used by the Commission to monitor compliance
with the exception to provisions of Exchange Act Rule 3a71-3 that
otherwise would require non-U.S. persons to count--against the
thresholds associated with the de minimis exception to the ``security-
based swap dealer'' definition--security-based swap dealing
transactions with non-U.S. counterparties when U.S. personnel arrange,
negotiate, or execute those transactions.
The Commission continues to estimate 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 continues to estimate that the aggregate yearly
reporting burden for Rule 3a71-3(d), for all respondents, is
approximately 235,242.44 hours per year. In addition, to account for
inflation, the Commission estimates that the aggregate annual cost for
all of Rule 3a71-3(d) for all respondents is approximately
$1,359,778.96 per year. A detailed break-down of the burdens applicable
to each type of entity 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 unless it displays a
currently valid OMB Control Number.
Written comments are invited on: (a) whether this proposed
collection of information is necessary for the proper performance of
the functions of the SEC, including whether the information will have
practical utility; (b) the accuracy of the SEC's estimate of the burden
imposed by the proposed collection of information, including the
validity of the methodology and the assumptions used; (c) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated,
electronic collection techniques or other forms of information
technology.
Please direct your written comments on this 60-Day Collection
Notice to Austin Gerig, Director/Chief Data Officer, Securities and
Exchange Commission, c/o Tanya Ruttenberg via email to
<a href="/cdn-cgi/l/email-protection#92c2f3e2f7e0e5fde0f9c0f7f6e7f1e6fbfdfcd3f1e6d2e1f7f1bcf5fde4"><span class="__cf_email__" data-cfemail="4c1c2d3c293e3b233e271e2928392f382523220d2f380c3f292f622b233a">[email protected]</span></a> by February 2, 2026. There will be a
second opportunity to comment on this SEC request following the Federal
Register publishing a 30-Day Submission Notice.
Dated: November 28, 2025.
Stephanie Fouse,
Assistant Secretary.
[FR Doc. 2025-21769 Filed 12-1-25; 8:45 am]
BILLING CODE 8011-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 2, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.