[Federal Register Volume 84, Number 77 (Monday, April 22, 2019)]
[Notices]
[Pages 16723-16725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08038]
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SECURITIES AND EXCHANGE COMMISSION
Submission for OMB Review; Comment Request
Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736.
Extension:
Regulation S-ID, SEC File No. 270-644, OMB Control No. 3235-
0692.
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 (the ``Commission'') has submitted to the Office of
Management and Budget a request for extension of the previously
approved collection of information discussed below.
Regulation S-ID (17 CFR 248), including the information collection
requirements thereunder, is designed to better protect investors from
the risks of identity theft. Under Regulation S-ID, SEC-regulated
entities are required to develop and implement reasonable policies and
procedures to identify, detect, and respond to relevant red flags (the
``Identity Theft Red Flags Rules'') and, in the case of entities that
issue credit or debit cards, to assess the validity of, and communicate
with cardholders regarding, address changes. Section 248.201 of
Regulation S-ID includes the following information collection
requirements for each SEC-regulated entity that qualifies as a
``financial institution'' or ``creditor'' under Regulation S-ID and
that offers or maintains covered accounts: (i) Creation and periodic
updating of an identity theft prevention program (``Program'') that is
approved by the board of directors, an appropriate committee thereof,
or a designated senior management employee; (ii) periodic staff
reporting to the board of directors on compliance with the Identity
Theft Red Flags Rules and related guidelines; and (iii) training of
staff to implement the Program. Section 248.202 of Regulation S-ID
includes the following information collection requirements for each
SEC-regulated entity that is a credit or debit card issuer: (i)
Establishment of policies and procedures that assess the validity of a
change of address notification if a request for an additional or
replacement card on the account follows soon after the address change;
and (ii) notification of a cardholder, before issuance of an additional
or replacement card, at the previous address or through some other
previously agreed-upon form of communication, or alternatively,
assessment of the validity of the address change request through the
entity's established policies and procedures.
SEC staff estimates of the hour burdens associated with section
248.201 under Regulation S-ID include the one-time burden of complying
with this section for newly-formed SEC-regulated entities, as well as
the ongoing costs of compliance for all SEC-regulated entities.
All newly-formed financial institutions and creditors would be
required to conduct an initial assessment of covered accounts, which
SEC staff estimates would entail a one-time burden of 2 hours. Staff
estimates that this burden would result in a cost of $802 to each
newly-formed financial institution or creditor.\1\ To the extent a
financial institution or creditor offers or maintains covered accounts,
SEC staff estimates that the financial institution or creditor also
would also incur a one-time burden of 25 hours to develop and obtain
board approval of a Program, and a one-time burden of 4 hours to train
the financial institution's or creditor's staff, for a total of 29
additional burden hours. Staff estimates that these burdens would
result in additional costs of $14,266 for each financial institution or
creditor that offers or maintains covered accounts.\2\
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\1\ This estimate is based on the following calculation: 2 hours
x $401 (hourly rate for internal counsel) = $802. See infra note 2
(discussing the methodology for estimating the hourly rate for
internal counsel).
\2\ SEC staff estimates that, of the 29 hours incurred to
develop and obtain board approval of a Program and train the
financial institution's or creditor's staff, 10 hours will be spent
by internal counsel at an hourly rate of $401, 17 hours will be
spent by administrative assistants at an hourly rate of $78, and 2
hours will be spent by the board of directors as a whole at an
hourly rate of $4,465. Thus, the estimated $13,858 in additional
costs is based on the following calculation: (10 hours x $401 =
$4,010) + (17 hours x $78 = $1,326) + (2 hours x $4,465 = $8,930) =
$14,266.
The cost estimate for internal counsel is derived from SIFMA's
Management & Professional Earnings in the Securities Industry 2013,
modified to account for an 1800-hour work-year and multiplied by
5.35 to account for bonuses, entity size, employee benefits, and
overhead, and adjusted for inflation. The cost estimate for
administrative assistants is derived from SIFMA's Office Salaries in
the Securities Industry 2013, modified to account for an 1800-hour
work-year and multiplied by 2.93 to account for bonuses, entity
size, employee benefits, and overhead, and adjusted for inflation.
The cost estimate for the board of directors is derived from
estimates made by SEC staff regarding typical board size and
compensation that is based on information received from fund
representatives and publicly-available sources, and adjusted for
inflation.
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[[Page 16724]]
SEC staff estimates that approximately 613 SEC-regulated financial
institutions and creditors are newly formed each year.\3\ Each of these
613 entities will need to conduct an initial assessment of covered
accounts, for a total of 1,226 hours at a total cost of $491,626.\4\ Of
these 613 entities, staff estimates that approximately 90% (or 552)
maintain covered accounts.\5\ Accordingly, staff estimates that the
additional initial burden for SEC-regulated entities that are likely to
qualify as financial institutions or creditors and maintain covered
accounts is 16,008 hours at an additional cost of $7,874,832.\6\ Thus,
the total initial estimated burden for all newly-formed SEC-regulated
entities is 17,234 hours at a total estimated cost of $8,366,458.\7\
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\3\ Based on a review of new registrations typically filed with
the SEC each year, SEC staff estimates that approximately 1,218
investment advisers, 109 broker dealers, 96 investment companies,
and 2 ESCs typically apply for registration with the SEC or
otherwise are newly formed each year, for a total of 1,425 entities
that could be financial institutions or creditors. Of these, staff
estimates that all of the investment companies, ESCs, and broker-
dealers are likely to qualify as financial institutions or
creditors, and 33% of investment advisers (or 406) are likely to
qualify. See Adopting Release, supra note Error! Bookmark not
defined., at n.190 (discussing the staff's analysis supporting its
estimate that 33% of investment advisers are likely to qualify as
financial institutions or creditors). We therefore estimate that a
total of 613 total financial institutions or creditors will bear the
initial one-time burden of assessing covered accounts under
Regulation S-ID.
\4\ These estimates are based on the following calculations: 613
entities x 2 hours = 1,226 hours; 613 entities x $802 = $491,626.
\5\ In the Proposing Release, the SEC requested comment on the
estimate that approximately 90% of all financial institutions and
creditors maintain covered accounts; the SEC received no comments on
this estimate.
\6\ These estimates are based on the following calculations: 552
financial institutions and creditors that maintain covered accounts
x 29 hours = 16,008 hours; 552 financial institutions and creditors
that maintain covered accounts x $14,266 = $7,874,832.
\7\ These estimates are based on the following calculations:
1,226 hours + 16,008 hours = 17,234 hours; $491,626 + $7,874,832 =
$8,366,458.
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Each financial institution and creditor would be required to
conduct periodic assessments to determine if the entity offers or
maintains covered accounts, which SEC staff estimates would entail an
annual burden of 1 hour per entity. Staff estimates that this burden
would result in an annual cost of $401 to each financial institution or
creditor.\8\ To the extent a financial institution or creditor offers
or maintains covered accounts, staff estimates that the financial
institution or creditor also would incur an annual burden of 2.5 hours
to prepare and present an annual report to the board, and an annual
burden of 7 hours to periodically review and update the Program
(including review and preservation of contracts with service providers,
as well as review and preservation of any documentation received from
service providers). Staff estimates that these burdens would result in
additional annual costs of $7,874 for each financial institution or
creditor that offers or maintains covered accounts.\9\
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\8\ This estimate is based on the following calculation: 1 hour
x $401 (hourly rate for internal counsel) = $401. See supra note 2
(discussing the methodology for estimating the hourly rate for
internal counsel).
\9\ Staff estimates that, of the 9.5 hours incurred to prepare
and present the annual report to the board and periodically review
and update the Program, 8.5 hours will be spent by internal counsel
at an hourly rate of $401, and 1 hour will be spent by the board of
directors as a whole at an hourly rate of $4,465. Thus, the
estimated $7,874 in additional annual costs is based on the
following calculation: (8.5 hours x $401 = $3,409) + (1 hour x
$4,465 = $4,465) = $7,874. See supra note 2 (discussing the
methodology for estimating the hourly rate for internal counsel and
the board of directors).
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SEC staff estimates that there are 9,922 SEC-regulated entities
that are either financial institutions or creditors, and that all of
these will be required to periodically review their accounts to
determine if they offer or maintain covered accounts, for a total of
9,922 hours for these entities at a total cost of $3,978,722.\10\ Of
these 9,922 entities, staff estimates that approximately 90 percent, or
8,930, maintain covered accounts, and thus will need the additional
burdens related to complying with the rules.\11\ Accordingly, staff
estimates that the additional annual burden for SEC-regulated entities
that qualify as financial institutions or creditors and maintain
covered accounts is 84,835 hours at an additional cost of
$70,314,820.\12\ Thus, the total estimated ongoing annual burden for
all SEC-regulated entities is 94,757 hours at a total estimated annual
cost of $74,293,542.\13\
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\10\ Based on a review of entities that the SEC regulates, SEC
staff estimates that, as of September 1, 2018, there are
approximately 13,181 investment advisers, 3,839 broker-dealers,
1,589 active open-end investment companies, and 100 ESCs. Of these,
staff estimates that all of the broker-dealers, open-end investment
companies and ESCs are likely to qualify as financial institutions
or creditors. We also estimate that approximately 33% of investment
advisers, or 4,394 investment advisers, are likely to qualify. See
Adopting Release, supra note Error! Bookmark not defined., at n.190
(discussing the staff's analysis supporting its estimate that 33% of
investment advisers are likely to qualify as financial institutions
or creditors). We therefore estimate that a total of 9,922 financial
institutions or creditors will bear the ongoing burden of assessing
covered accounts under Regulation S-ID. (The SEC staff estimates
that the other types of entities that are covered by the scope of
the SEC's rules will not be financial institutions or creditors and
therefore will not be subject to the rules' requirements.)
The estimates of 9,922 hours and $3,784,800 are based on the
following calculations: 9,922 financial institutions and creditors x
1 hour = 9,922 hours; 9,922 financial institutions and creditors x
$401 = $3,978,722.
\11\ See supra note 5 and accompanying text. If a financial
institution or creditor does not maintain covered accounts, there
would be no ongoing annual burden for purposes of the PRA.
\12\ These estimates are based on the following calculations:
8,930 financial institutions and creditors that maintain covered
accounts x 9.5 hours = 84,835 hours; 8,930 financial institutions
and creditors that maintain covered accounts x $7,874 = $70,314,820.
\13\ These estimates are based on the following calculations:
9,922 hours + 84,835 hours = 94,757 hours; $3,978,722 + $70,314,820
= $74,293,542.
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The collections of information required by section 248.202 under
Regulation S-ID will apply only to SEC-regulated entities that issue
credit or debit cards. SEC staff understands that SEC-regulated
entities generally do not issue credit or debit cards, but instead
partner with other entities, such as banks, that issue cards on their
behalf. These other entities, which are not regulated by the SEC, are
already subject to substantially similar change of address obligations
pursuant to other federal regulators' identity theft red flags rules.
Therefore, staff does not expect that any SEC-regulated entities will
be subject to the information collection requirements of section
248.202, and accordingly, staff estimates that there is no hour burden
related to section 248.202 for SEC-regulated entities.
In total, SEC staff estimates that the aggregate annual information
collection burden of Regulation S-ID is 111,991 hours (17,234 hours +
94,757 hours). This estimate of burden hours is made solely for the
purposes of the Paperwork Reduction Act and is not derived from a
quantitative, comprehensive, or even representative survey or study of
the burdens associated with Commission rules and forms. Compliance with
[[Page 16725]]
Regulation S-ID, including compliance with the information collection
requirements thereunder, is mandatory for each SEC-regulated entity
that qualifies as a ``financial institution'' or ``creditor'' under
Regulation S-ID (as discussed above, certain collections of information
under Regulation S-ID are mandatory only for financial institutions or
creditors that offer or maintain covered accounts). Responses will not
be kept confidential. 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 control number.
The public may view the background documentation for this
information collection at the following website, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
[email protected]; and (ii) Charles Riddle, Acting Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Candace Kenner, 100 F Street NE, Washington, DC 20549 or send an email
to: [email protected]. Comments must be submitted to OMB within 30
days of this notice.
Dated: April 17, 2019.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-08038 Filed 4-19-19; 8:45 am]
BILLING CODE 8011-01-P