Notice2026-02408
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension: Rules 13n-4(b)(9), (b)(10) and (d)
Primary source
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Published
February 6, 2026
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 91 Issue 25 (Friday, February 6, 2026)</title>
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[Federal Register Volume 91, Number 25 (Friday, February 6, 2026)]
[Notices]
[Pages 5546-5547]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02408]
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SECURITIES AND EXCHANGE COMMISSION
[OMB Control No. 3235-0738]
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Extension: Rules 13n-4(b)(9), (b)(10) and (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 submitting to the Office of
Management and Budget (OMB) this request for an extension of the
collection of information.
Rules 13n-4(b)(9), (b)(10) and (d) implement Exchange Act sections
13(n)(5)(G) and (H), which conditionally require a security-based swap
data repository (``SBSDR'') registered with the Commission to make
available security-based swap data obtained by the SBSDR (``SBS Data'')
to certain U.S. government entities and any other person that the
Commission determines to be appropriate. The rules, in part, condition
such sharing of SBS Data on there being an arrangement between the
Commission and the relevant entity (in the form of a memorandum of
understanding or otherwise) to address the confidentiality of the SBS
Data. The rules further require SBSDRs to create and maintain records
regarding such data access. Pursuant to the Commission's authority,
regulators or other authorities that are not otherwise designated by
statute or rule may request from the Commission that they be deemed
eligible to access SBS Data.
Implementation of the statutory and regulatory SBS Data access
provisions--including the confidentiality condition and the
Commission's authority to designate entities to access SBS Data-
facilitates regulatory oversight of the security-based swap market and
its participants, including oversight of systemic and other risks
associated with the market. Implementation also promotes compliance
with applicable laws and regulations, including but not limited to
compliance with the antifraud provisions of the federal securities
laws.
Commission staff estimates that the total annual burden associated
with Rules 13n-4(b)(9), (b)(10) and (d) is 11,405 hours and $120,000,
calculated as follows:
Commission staff estimates a total of 50 regulators or other
authorities will enter into confidentiality arrangements with the
Commission to obtain access to SBS Data pursuant to these provisions.
On average, each of those recipients of data is expected to expend 500
hours in connection with negotiating these MOUs or other arrangements,
for a one-time aggregate burden of 25,000 hours, with no associated
ongoing burdens. This equates to 8,333 hours per year when annualized
over three years.
Commission staff estimates that a total of 41 regulators or other
authorities (that otherwise are not identified by statute or the rules
as being eligible for access to SBS Data) may request that the
Commission determine they are eligible to access SBS Data. On average,
each of those entities is expected to expend 40 hours in connection
with such requests, for a one-time aggregate burden of 1,640 hours,
with no associated ongoing burdens. This equates to 547 hours per year
when annualized over three years.
Commission staff also estimates that a total of three SBSDRs may be
expected to incur systems-related costs associated with setting up
access to SBS Data for regulators and other authorities. On average,
each SBSDR is expected to expend 1,300 hours in connection with
providing such connectivity (based on each SBSDR incurring 26 hours per
recipient, for 50 total recipients), for a one-time aggregate burden of
3,900 hours, with no associated ongoing burdens. This equates to 1,300
hours when annualized over three years.
In addition, Commission staff estimates that a total of three
SBSDRs may incur costs associated with the requirement to notify the
Commission when an SBSDR receives the first request for SBS Data from a
particular entity. On average, each SBSDR is expected to expend 25
hours in connection with this notice requirement (based on each SBSDR
providing 50 notices, at half-hour per notice), for a one-time
aggregate burden of 75 hours, with no associated ongoing burdens. This
equates to 25 hours per year when annualized over three years.
Commission staff estimates that a total of three SBSDRs may incur
costs associated with the requirement that an SBSDR maintain records of
all information related to initial and subsequent requests for SBS Data
access. On average, compliance with this provision is expected to
require 360 hours initially and 280 hours annually per SBSDR, for a
total burden of 1,080 hours initially and 840 hours annually across
three SBSDRs. This equates to 1,200 hours per year when annualized over
three years. Commission staff further estimates that each of the three
SBSDRs will require $40,000 annually
[[Page 5547]]
in connection with that requirement, for a total cost of $120,000
annually across three SBSDRs.
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.
The public may view and comment on this information collection
request at: <a href="https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202511-3235-009">https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202511-3235-009</a> or email comment to
<a href="/cdn-cgi/l/email-protection#6528273d4b2a28274b2a2c37244b3620263a0100160e3a0a03030c060017250a08074b000a154b020a13"><span class="__cf_email__" data-cfemail="733e312b5d3c3e315d3c3a21325d2036302c171600182c1c15151a101601331c1e115d161c035d141c05">[email protected]</span></a> within 30 days of the day
after publication of this notice, by March 9, 2026.
Dated: February 4, 2026.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-02408 Filed 2-5-26; 8:45 am]
BILLING CODE 8011-01-P
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