[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Pages 69013-69014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25054]



Agency Information Collection Activities: Notice of Intent To 
Extend Collection 3038-0076: Requirements for Derivatives Clearing 

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.


SUMMARY: The Commodity Futures Trading Commission (CFTC) is announcing 
an opportunity for public comment on the proposed renewal of a 
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, including each proposed extension or renewal of an 
existing collection of information, and to allow 60 days for public 
comment. This notice solicits comments on renewal of the information 
collection that includes reporting requirements for applicants for 
registration as a derivatives clearing organization, and reporting and 
recordkeeping requirements for derivatives clearing organizations.

DATES: Comments must be submitted on or before January 16, 2023.

ADDRESSES: You may submit comments, and ``OMB Control No. 3038-0076'' 
by any of the following methods:
     The Agency's website, at http://comments.cftc.gov/. Follow 
the instructions for submitting comments through the website.
     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.
    Please submit your comments using only one method.

FOR FURTHER INFORMATION CONTACT: Eileen Chotiner, Division of Clearing 
and Risk, Commodity Futures Trading Commission, (202) 418-5467; email: 
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501 et seq., 
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, including each proposed extension of an existing 
collection of information, before submitting the collection to OMB for 
approval. To comply with this requirement, the Commission is publishing 
notice of the proposed extension of the collection listed below. 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.\1\

    \1\ 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 1320.8 (b)(3)(vi).

    Title: Requirements for Derivatives Clearing Organizations (OMB 
Control No. 3038-0076). This is a request for extension of a currently 
approved information collection.
    Abstract: Commission Regulations 39.10, 39.11, 39.12, 39.13, 39.14, 
39.15, 39.16, 39.18, 39.19, 39.21, 39.24 and 39.27 establish reporting 
requirements for registered derivatives clearing organizations 
(``DCOs''). Regulation 39.3 requires any person seeking to register as 
a DCO to submit a completed Form DCO as provided in Appendix A to part 
39, accompanied by all applicable exhibits. Subpart C of part 39 
includes additional requirements for systemically important DCOs and 
DCOs that elect to be subject to Subpart C. The rules establish 
reporting and recordkeeping requirements that implement Section 5b of 
the Commodity Exchange Act (CEA), and are necessary for the Commission 
to assess compliance of DCOs and DCO applicants with requirements 
prescribed in the CEA and Commission regulations.
    With respect to the collection of information, the CFTC invites 
comments on:
     Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information will have a practical 
     The accuracy of the Commission's estimate of the burden of 
the proposed collection 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 
https://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.\2\

    \2\ 17 CFR 145.9.

    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 https://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

[[Page 69014]]

the merits of the ICR 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: The Commission anticipates that there will 
continue to be approximately 86 respondents and the hourly burden will 
remain the same as in the 2020 renewal. The respondent burden for this 
collection is estimated to be as follows:
    Estimated Number of Respondents: 86.
    Estimated Average Burden Hours per Respondent: 736.
    Estimated Total Annual Burden Hours: 63,311.
    Frequency of Collection: Daily, monthly, quarterly, annually, and 
on occasion.
    There are no capital costs or operating and maintenance costs 
associated with this collection.

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

    Dated: November 14, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022-25054 Filed 11-16-22; 8:45 am]