2016-17374

Federal Register, Volume 81 Issue 141 (Friday, July 22, 2016)

[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]

[Notices]

[Pages 47779-47781]

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

[FR Doc No: 2016-17374]

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COMMODITY FUTURES TRADING COMMISSION

Agency Information Collection Activities: Notice of Intent To

Renew Collection 3038-0074, Core Principles and Other Requirements for

Swap Execution Facilities

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.

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SUMMARY: The Commodity Futures Trading Commission (Commission) is

announcing an opportunity for public comment on the renewal of the

collection of certain information by the agency. Under the Paperwork

Reduction Act (PRA), Federal agencies are required to publish notice in

the Federal Register concerning each proposed collection of information

and to allow 60 days for public comment. This notice solicits comments

in connection with part 37 of the Commission's regulations, which

requires certain recordkeeping and reporting information collections

for swap execution facilities (SEFs).

DATES: Comments must be submitted on or before September 20, 2016.

ADDRESSES: You may submit comments, identified by ``Renewal of

Collection Pertaining to Core Principles and Other Requirements for

Swap Execution Facilities'' by any of the following methods:

The Agency's Web site, at http://comments.cftc.gov/.

Follow the instructions for submitting comments through the Web site.

Mail: Christopher Kirkpatrick, Secretary of the

Commission, Commodity Futures Trading Commission, Three Lafayette

Centre, 1155 21st Street NW., Washington, DC 20581.

Hand Delivery/Courier: Same as Mail above.

Federal eRulemaking Portal: http://www.regulations.gov/.

Follow the instructions for submitting comments through the Portal.

Please submit your comments using only one method.

FOR FURTHER INFORMATION CONTACT: Steven A. Haidar, Attorney-Advisor,

Division of Market Oversight, Commodity Futures Trading Commission,

(202) 418-5611; email: [email protected], and refer to OMB Control No.

3038-0074.

SUPPLEMENTARY INFORMATION: Under the PRA, Federal agencies must obtain

approval from the Office of Management and Budget (OMB) for each

collection of information they conduct or sponsor. ``Collection of

Information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3 and

includes agency requests or requirements that members of the public

submit reports, keep records, or provide information to a third party.

Section 3506(c)(2)(A) of the PRA, 44 U.S.C. 3506(c)(2)(A), requires

Federal agencies to provide a 60-day notice in the Federal Register

concerning each proposed collection of information before submitting

the collection to OMB for approval. To comply with this requirement,

the Commission is publishing notice of the existing collections of

information listed below.

Title: Core Principles and Other Requirements for Swap Execution

Facilities (OMB Control No. 3038-0074). This is a request for extension

of currently approved information collections.

Abstract: Title VII of the Dodd-Frank Wall Street Reform and

Consumer Protection Act (Dodd-Frank Act) added new section 5h to the

Commodity Exchange Act (CEA) to impose requirements concerning the

registration and operation of SEFs, which the Commission has

incorporated in part 37 of its regulations.\1\ These information

collections are needed for the Commission to ensure that SEFs (and

entities applying for SEF registration) comply with these requirements.

Among other requirements, part 37 of the Commission's regulations

imposes SEF registration requirements for a trading platform or system,

obligates SEFs to provide transaction confirmations to swap

counterparties, and requires SEFs to comply with 15 core principles.\2\

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\1\ In general, this OMB control number covers the information

collections in part 37 of the Commission's regulations, including

subpart A and the SEF core principles (i.e., subparts B and C).

However, any information collections related to Sec. 37.10 of the

Commission's regulations are subject to a separate information

collection with OMB control number 3038-0099 (Process for a Swap

Execution Facility or Designated Contract Market to Make a Swap

Available to Trade).

\2\ These 15 core principles include: Enforcing rules; listing

contracts for trading that are not readily susceptible to

manipulation; monitoring trading to prevent market manipulation;

obtaining information; adopting position limits or position

accountability levels; adopting rules to enforce financial integrity

of swaps transactions entered on or through the SEF; adopting rules

to provide for the exercise of emergency authority, in consultation

with the Commission; making public information regarding prices and

volume on a timely basis; maintaining records of all activities of

the business of the contract market in a form and manner acceptable

to the Commission for five years; avoiding rules that result in

unreasonable restraints of trade or anticompetitive burden on

trading; enforcing rules to minimize conflicts of interest in its

decision-making process; maintaining adequate financial resources;

establishing system safeguards; and designating a chief compliance

officer.

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[[Page 47780]]

With respect to these information collections, the Commission

invites comments on:

Whether the collections of information are necessary for

the proper performance of the functions of the Commission, including

whether the information will have a practical use;

The accuracy of the Commission's estimate of the burden of

the collections of information, including the validity of the

methodology and assumptions used;

Ways to enhance the quality, usefulness, and clarity of

the information to be collected; and

Ways to minimize the burden of collection of information

on those who are to respond, including through the use of appropriate

automated electronic, mechanical, or other technological collection

techniques or other forms of information technology; e.g., permitting

electronic submission of responses.

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. You should submit only information that you wish

to make available publicly. If you wish the Commission to consider

information that you believe is exempt from disclosure under the

Freedom of Information Act, a petition for confidential treatment of

the exempt information may be submitted according to the procedures

established in Sec. 145.9 of the Commission's regulations.\3\

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\3\ 17 CFR 145.9.

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The Commission reserves the right, but shall have no obligation, to

review, pre-screen, filter, redact, refuse or remove any or all of your

submission from http://www.cftc.gov that it may deem to be

inappropriate for publication, such as obscene language. All

submissions that have been redacted or removed that contain comments on

the merits of the Information Collection Request will be retained in

the public comment file and will be considered as required under the

Administrative Procedure Act and other applicable laws, and may be

accessible under the Freedom of Information Act.

Burden Statement: Part 37 of the Commission's regulations result in

information collection requirements within the meaning of the PRA.

These regulations impose requirements concerning the registration and

operation of SEFs, including requiring SEFs to continually be in

compliance with 15 core principles. The Commission initially estimated

that each respondent SEF would incur annually 308 burden hours in

connection with collections of information and that there would be 35

SEF respondents for an aggregate of 10,780 annual burden hours.\4\

Based on the Commission's observation of registered SEFs' operations

and compliance with part 37's requirements, the Commission is

increasing this estimate and now estimates that each respondent SEF

would incur annually 1,000 burden hours. Additionally, the Commission

notes that rather than the initial estimate of 35 SEFs, there currently

are 22 SEFs registered with the Commission. The recurring annual burden

hours for each SEF are increased as noted in the applicable table

below.

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\4\ See 78 FR 33476, 33549. (35 SEFs x 308 burden hours = 10,780

hours per SEF).

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Furthermore, in its initial PRA analysis, the Commission did not

explicitly distinguish the non-recurring burden hours related to the

registration process from the Commission's estimate of the recurring,

annual burden hours, but rather provided an aggregated number.\5\ Based

on the experience gained by the Commission during the SEF permanent

registration review process, the Commission estimates that each SEF

incurs approximately 300 non-recurring burden hours in connection with

completing the registration process. The non-recurring burden hours for

each SEF are noted in the applicable table below.

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\5\ See id.

\6\ In the part 37 final rule release, the Commission estimated

that there would be 35 SEFs. See id. The Commission, however, notes

that 22 SEFs are currently registered with the Commission.

Accordingly, the revised aggregate burden hour estimate accounts for

both the increased annual burden hours estimate to 1,000 hours per

SEF as well as the decrease in the number of SEFs from 35 to 22.

\7\ 1,000 average recurring burden hours per respondent SEF x 22

registered SEFs = 22,000 total burden hours for all registered SEFs.

\8\ The Commission notes that respondent SEFs also are required

to provide 4 quarterly reports and one annual report as part of

their recurring information collection obligations.

\9\ Based on the number of applicants that have applied for

permanent SEF registration since the Commission first granted

permanent registration status to SEFs on January 22, 2016, the

Commission expects to receive 4 applications per year for permanent

SEF registration.

\10\ 300 average initial burden hours per respondent SEF x 4

anticipated SEF applicants = 1,200 total burden hours incurred for

all anticipated SEF applicants.

Recurring Annual Burden Hours for SEFs

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Respondents/Affected Entities.............. SEFs.

Estimated number of respondents............ 22.\6\

Estimated annual burden hours per 1000 burden hours.

respondent SEF.

Estimated total annual burden on 22,000 hours.\7\

respondents.

Frequency of collection.................... Once per trade day.\8\

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Non-Recurring Annual Burden Hours for SEFs

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Respondents/Affected Entities.............. SEFs.

Estimated number of respondents............ 4.\9\

Estimated annual burden hours per 300.

respondent SEF.

Estimated total annual burden on 1,200.\10\

respondents.

Frequency of collection.................... Initial registration.

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[[Page 47781]]

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

Dated: July 19, 2016.

Robert N. Sidman,

Deputy Secretary of the Commission.

[FR Doc. 2016-17374 Filed 7-21-16; 8:45 am]

BILLING CODE 6351-01-P

 

Last Updated: July 22, 2016