Federal Register, Volume 84 Issue 140 (Monday, July 22, 2019) 
[Federal Register Volume 84, Number 140 (Monday, July 22, 2019)]
[Pages 35102-35103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15524]



Agency Information Collection Activities: Notice of Intent To
Renew Collection 3038-0099, Process for a Swap Execution Facility or
Designated Contract Market To Make a Swap Available To Trade

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.


SUMMARY: The Commodity Futures Trading Commission (``Commission'' or
``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 extension of a collection of information and to allow 60 days
for public comment. This notice solicits comments on the process for a
designated contract market (DCM) or a swap execution facility (SEF) to
make a swap available to trade and therefore subject to the trade
execution requirement pursuant to the Commodity Exchange Act (``CEA'').
This process imposes rule filing requirements on a DCM or a SEF that
wishes to submit a swap as available to trade.

DATES: Comments must be submitted on or before September 20, 2019.

ADDRESSES: You may submit comments, identified by ``Renewal of
Collection Pertaining to Process for a Swap Execution Facility or
Designated Contract Market to Make a Swap Available to Trade,'' ``OMB
Control No. 3038-0099'' 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: Roger Smith, Special Counsel, Division
of Market Oversight, Commodity Futures Trading Commission, (202) 418-
5344; email: [email protected], and refer to OMB Control No. 3038-0099.

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 CFTC is publishing
notice of the proposed extension of the collection of information
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.
    Title: Process for a Swap Execution Facility or Designated Contract
Market to Make a Swap Available to Trade (OMB Control No. 3038-0099).
This is a request for extension of a currently approved information
    Abstract: The collection of information is needed to help determine
which swaps should be subject to the trade execution requirement under
section 2(h)(8) of the Commodity Exchange Act pursuant to Section 723
of the Dodd-Frank Wall Street Reform and Consumer Protection Act. A SEF
or DCM that submits a determination that a swap is available to trade
must address at least one of several factors to demonstrate that the
swap is suitable for trading pursuant to the trade execution
requirement. The Commission uses the collection of information to
facilitate the application of the trade execution requirement and the
requirements associated with methods of execution under parts 37 and 38
of the Commission's 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

[[Page 35103]]

     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.\1\

    \1\ 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 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: Sections 37.10 and 38.12 of the Commission's
regulations result in information collection requirements within the
meaning of the PRA. This regulation permits a SEF or DCM to submit a
determination that a swap is available to trade to the Commission via
filing procedures set forth in part 40 of the Commission's regulations.
The Commission estimates the burden of reviewing the prescribed factors
and data to make a determination for this collection to be 16 hours per
    Respondents/Affected Entities: SEFs, DCMs.
    Estimated Number of Respondents: 5.
    Estimated Average Burden Hours per Respondent: 16.
    Estimated Total Annual Burden on Respondents: 80 hours.
    Frequency of Collection: 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: July 17, 2019.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2019-15524 Filed 7-19-19; 8:45 am]