[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Pages 60448-60449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23856]



Agency Information Collection Activities: Proposed Revised 
Collection, Comment Request: Swap Execution Facilities Final Rule; 
Notice of Intent To Revise Collection 3038-0074: Core Principles and 
Other Requirements for Swap Execution Facilities

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.


SUMMARY: The Commodity Futures Trading Commission (CFTC) is announcing 
an opportunity for public comment on the revision 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 proposed extension of an existing collection of information, 
and to allow 60 days for public comment. The Commission recently 
adopted a final rule amending requirements for swap execution 
facilities. This notice republishes the burden in the final rule, and 
solicits any additional comments on the burden associated with the 
previously published final rule.

DATES: Comments must be submitted on or before January 3, 2022.

ADDRESSES: You may submit comments, and ``OMB Control No. 3038-0074'' 
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.
     Delivery/Courier: Same as Mail above.
    Please submit your comments using only one method.

FOR FURTHER INFORMATION CONTACT: Gail Scott, Assistant General Counsel, 
Office of the General Counsel, Commodity Futures Trading Commission, 
(202) 418-5139; 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 CFTC is publishing 
notice of the proposed amendment to 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.
    Title: Core Principles and Other Requirements for Swap Execution 
Facilities (OMB Control No. 3038-0074). This is a request for an 
amendment to a currently approved information collection.
    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 swap execution facilities (``SEFs''), 
which the Commission has incorporated in part 37 of its regulations as 
well as other parts of the Commission's regulations. The information 
collections under this Control Number are necessary for the Commission 
to evaluate whether SEFs, or entities applying to become SEFs, comply 
with the CEA's statutory core principle requirements and part 37 of the 
Commission regulations.

[[Page 60449]]

    The final rule, 86 FR 9224 (Feb. 11, 2021), provides relief from 
certain part 37 requirements that SEFs found in practice to be 
operationally unworkable or unnecessarily burdensome. The Commission 
revised information collection number 3038-0074 to reflect the adoption 
of amendments to part 37 of its regulations, as discussed below, but 
does not believe the regulations as adopted impose any other new 
collections of information that require approval of OMB under the PRA.
    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.\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 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 
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: The Commission is revising its estimate of the 
burden for this collection for 3038-0074. The respondent burden for 
this collection is estimated to be as follows:
    Estimated Number of Respondents: 20.
    Estimated Average Burden Hours per Respondent: 387.
    Estimated Total Annual Burden Hours: 7,740.
    Frequency of Collection: Once.
    There are no capital costs or operating and maintenance costs 
associated with this collection.

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

    Dated: October 28, 2021.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2021-23856 Filed 11-1-21; 8:45 am]