[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Notices]
[Page 4252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: www.reginfo.gov. 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) www.reginfo.gov/public/do/PRAMain 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: 
[email protected].

    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