2016-02217

Federal Register, Volume 81 Issue 24 (Friday, February 5, 2016)

[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]

[Notices]

[Pages 6241-6242]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2016-02217]

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COMMODITY FUTURES TRADING COMMISSION

Agency Information Collection Activities Under OMB Review

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, 44

U.S.C. 3501 et seq. (PRA), this notice announces that the Information

Collection Request (ICR) abstracted below has been forwarded to the

Office of Management and Budget (OMB) for review and comment. The ICR

describes

[[Page 6242]]

the nature of the information collection and its expected costs and

burden.

DATES: Comments must be submitted on or before March 7, 2016.

ADDRESSES: Comments regarding the burden estimated or any other aspect

of the information collection, including suggestions for reducing the

burden, may be submitted directly to the Office of Information and

Regulatory Affairs (OIRA) in OMB, within 30 days of the notice's

publication, by email at [email protected]. Please identify

the comments by OMB Control Nos. 3038-0068, 3038-0083, and 3038-0088.

Please provide the Commodity Futures Trading Commission (``CFTC'' or

``Commission'') with a copy of all submitted comments at the address

listed below. Please refer to OMB Reference Nos. 3038-0068, 3038-0083,

and 3038-0088, found on http://reginfo.gov. Comments may also be mailed

to the Office of Information and Regulatory Affairs, Office of

Management and Budget, Attention: Desk Officer for the Commodity

Futures Trading Commission, 725 17th Street NW., Washington, DC 20503,

and to the Commission through its Web site at http://comments.cftc.gov.

Follow the instructions for submitting comments through the Web site.

Comments may also be mailed to: Christopher Kirkpatrick, Secretary

of the Commission, Commodity Futures Trading Commission, Three

Lafayette Centre, 1155 21st Street NW., Washington, DC 20581 or by Hand

Delivery/Courier at the same address.

A copy of the supporting statements for the collection of

information discussed above may be obtained by visiting http://

RegInfo.gov. All comments must be submitted in English, or if not,

accompanied by an English translation. Comments will be posted as

received to http://www.cftc.gov.

FOR FURTHER INFORMATION CONTACT: Gregory Scopino, Special Counsel,

Division of Swap Dealer and Intermediary Oversight, Commodity Futures

Trading Commission, (202) 418-5175, email: [email protected], and refer

to OMB Control Nos. 3038-0068, 3038-0083, and 3038-0088.

SUPPLEMENTARY INFORMATION:

Title: Confirmation, Portfolio Reconciliation, Portfolio

Compression, and Swap Trading Relationship Documentation Requirements

for Swap Dealers and Major Swap Participants (OMB Control Nos. 3038-

0068, 3038-0083, and 3038-0088). This is a request for an extension of

a currently approved information collection.

Abstract: On September 11, 2012 the Commission adopted Commission

regulations 23.500-23.505 (Confirmation, Portfolio Reconciliation,

Portfolio Compression, and Swap Trading Relationship Documentation

Requirements for Swap Dealers and Major Swap Participants) \1\ under

sections 4s(f), (g) and (i) \2\ of the Commodity Exchange Act

(``CEA''). Commission regulations 23.500-23.505 require, among other

things, that swap dealers (``SD'') \3\ and major swap participants

(``MSP'') \4\ develop and retain written swap trading relationship

documentation. The regulations also establish requirements for SDs and

MSPs regarding swap confirmation, portfolio reconciliation, and

portfolio compression. Under the regulations, swap dealers and major

swap participants are obligated to maintain records of the policies and

procedures required by the rules.\5\ Confirmation, portfolio

reconciliation, and portfolio compression are important post-trade

processing mechanisms for reducing risk and improving operational

efficiency. The information collection obligations imposed by the

regulations are necessary to ensure that each swap dealer and major

swap participant maintains the required records of their business

activities and an audit trail sufficient to conduct comprehensive and

accurate trade reconstruction. The information collections contained in

the regulations are essential to ensuring that swap dealers and major

swap participants document their swaps, reconcile their swap portfolios

to resolve discrepancies and disputes, and wholly or partially

terminate some or all of their outstanding swaps through regular

portfolio compression exercises. The collections of information are

mandatory. 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 Commission did not receive

any comments on the 60-day Federal Register notice, 80 FR 73731, dated

November 25, 2015.

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\1\ 17 CFR 23.500-23.505.

\2\ 7 U.S.C. 6s(f), (g) & (i).

\3\ For the definition of SD, see section 1a(49) of the CEA and

Commission regulation 1.3(ggg). 7 U.S.C. 1a(49) and 17 CFR 1.3(ggg).

\4\ For the definitions of MSP, see section 1a(33) of the CEA

and Commission regulation 1.3(hhh). 7 U.S.C. 1a(33) and 17 CFR

1.3(hhh).

\5\ SDs and MSPs are required to maintain all records of

policies and procedures in accordance with Commission regulation

1.31, including policies, procedures and models used for eligible

master netting agreements and custody agreements that prohibit

custodian of margin from re-hypothecating, repledging, reusing, or

otherwise transferring the funds held by the custodian.

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Burden Statement: The Commission is revising its estimate of the

burden for this collection to reflect, among other things, the current

number of provisionally registered SDs and MSPs.\6\ The respondent

burden for this collection is estimated to be as follows:

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\6\ The 60-day notice indicated that there were 106 Swap Dealers

and Major Swap Participants. There are 105 Swap Dealers and Major

Swap Participants currently registered with the Commission.

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OMB Control No. 3038-0068 (Confirmation, Portfolio

Reconciliation, and Portfolio Compression Requirements for Swap Dealers

and Major Swap Participants).

Number of Registrants: 105.

Estimated Average Burden Hours per Registrant: 1,282.5.

Estimated Aggregate Burden Hours: 134,662.5.

Frequency of Recordkeeping: As applicable.

OMB Control No. 3038-0083 (Orderly Liquidation Termination

Provision in Swap Trading Relationship Documentation for Swap Dealers

and Major Swap Participants).

Number of Registrants: 105.

Estimated Average Burden Hours per Registrant: 270.

Estimated Aggregate Burden Hours: 28,350.

Frequency of Recordkeeping: As applicable.

OMB Control No. 3038-0088 (Swap Trading Relationship

Documentation Requirements for Swap Dealers and Major Swap

Participants).

Number of Registrants: 105.

Estimated Average Burden Hours per Registrant: 6,284.

Estimated Aggregate Burden Hours: 659,820.\7\

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\7\ The 60-day notice contained an arithmetic error, providing

for 135,945 estimated aggregate burden hours, instead of the correct

total of 659,820, which is based on the 6,284 burden hours per

registrant reflected in the 60-day notice for OMB Control No. 3038-

0088.

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Frequency of Recordkeeping: As applicable.

There are no capital costs or operating and maintenance costs

associated with this collection.

Authority: 44 U.S.C. 3501 et seq.

Dated: February 1, 2016.

Robert N. Sidman,

Deputy Secretary of the Commission.

[FR Doc. 2016-02217 Filed 2-4-16; 8:45 am]

BILLING CODE 6351-01-P

 

Last Updated: February 5, 2016