Rule · SEC · 24 May 2016 · 2016-12166
The Securities and Exchange Commission issued a final rule correction to its previously adopted business conduct standards for security-based swap dealers and major security-based swap participants. This action implements technical corrections to burden estimates for Paperwork Reduction Act purposes and updates specific regulatory text and economic analysis figures. The corrections modify compliance cost projections and clarify verification of status requirements effective May 24, 2016.
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Part 240
[Release No. 34–77617A; File No. S7–25–
11]
RIN 3235–AL10
Business Conduct Standards for
Security-Based Swap Dealers and
Major Security-Based Swap
Participants; Correction
AGENCY: Securities and Exchange
Commission.
ACTION: Final rule; correction.
SUMMARY: The Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
is making a technical correction to a
burden estimate for Paperwork
Reduction Act purposes and a
corresponding estimate in the Economic
Analysis of the business conduct
standards for security-based swap
dealers and major security-based swap
participants.
DATES: Effective: May 24, 2016.
FOR FURTHER INFORMATION CONTACT:
Lourdes Gonzalez, Assistant Chief
Counsel—Sales Practices, Office of
Chief Counsel, Division of Trading and
Markets, at (202) 551–5550, at the
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549.
SUPPLEMENTARY INFORMATION: In
Business Conduct Standards for
Security-Based Swap Dealers and Major
Security-Based Swap Participants (FR
Doc. 2016–10918), published in the
Federal Register on May 13, 2016, the
following corrections are made:
1. On page 30090, in the third
column, under the heading ‘‘1.
Verification of Status,’’ the second
sentence is hereby deleted and replaced
with the sentence: ‘‘As noted above,
Rule 15Fh–3(a)(3) differs from the
CFTC’s rule, which instead includes an
opt-in for plans ‘‘defined in’’ ERISA, but
not subject to Title I of ERISA.’’
Footnote 1529 remains as published.
2. Also on page 30090, in the third
column, in the fourth sentence under
the same heading, the phrase
‘‘complying with the rules, as adopted,’’
is replaced with the phrase ‘‘complying
with Rules 15Fh–3(a)(1) and (2)’’.
3. On page 30091, in the first column,
under the same heading, a new
paragraph begins after footnote 1531,
beginning with the sentence ‘‘We do not
anticipate any ongoing burdens with
respect to this rule.’’
4. Also on page 30091, in the first
column, under the same heading, the
following sentence is added to the end
of the last paragraph under this heading:
‘‘We also anticipate that all 55 SBS
Entities will incur, on average, an initial
internal burden of 30 minutes to prepare
the notice required pursuant to Rule
15Fh–3(a)(3) for counterparties defined
in Rule 15Fh–2(d)(4), for an aggregate
total of 27.5 hours.’’
5. On page 30110, in the first column,
in the first sentence of the sixth
paragraph under the heading ‘‘C. Costs
and Benefits of Business Conduct Rules,
1. Verification of Status and Know Your
Counterparty Rules,’’ the estimate for
the direct costs of compliance is
corrected to ‘‘$28,050’’ from ‘‘$17,600’’.
6. Footnote 1655 on page 30110, is
corrected to: ‘‘Initial outside counsel
cost: $500 * (20 non-CFTC registered
SBS Entities) = $10,000. Initial
adherence letter and notification
burden: (In-house attorney at $380 per
hour) × 47.5 hours = $18,050.’’
7. On page 30120, in the first column,
in the fourth paragraph under the
heading ‘‘4. Special Entities, a. Scope
and Verification,’’ the third sentence is
corrected to: ‘‘Out of 3,635 special
entities subscribed to the ISDA August
2012 DF Protocol, 1,453 market
participants (approximately 40%) are
special entities not defined in Rule
15Fh–2(d)(3).’’
Dated: May 19, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016–12166 Filed 5–23–16; 8:45 am]
BILLING CODE 8011–01–P
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RegAlert holds no document that amends or replaces this one. This is not a check that it is in force: confirm with the regulator.
“In Business Conduct Standards for Security-Based Swap Dealers and Major Security-Based Swap Participants (FR Doc. 2016–10918), published in the Federal Register on May 13, 2016, the following corrections are made:”
This document amends: Business Conduct Standards for Security-Based Swap Dealers and Major Security-Based Swap Participants
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