[Federal Register Volume 87, Number 126 (Friday, July 1, 2022)]
[Pages 39502-39503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14091]



Agency Information Collection Activities Under OMB Review

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.


SUMMARY: In compliance with the Paperwork Reduction Act of 1995 
(``PRA''), this notice announces that the Information Collection 
Request (``ICR'') abstracted below has been forwarded to the Office of 
Information and Regulatory Affairs (``OIRA''), of the Office of 
Management and Budget (``OMB''), for review and comment. The ICR 
describes the nature of the information collection and its expected 
costs and burden.

DATES: Comments must be submitted on or before August 1, 2022.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be submitted within 30 days of this 
notice's publication to OIRA, at https://www.reginfo.gov/public/do/PRAMain. Please find this particular information collection by 
selecting ``Currently under 30-day Review--Open for Public Comments'' 
or by using the website's search function. Comments can be entered 
electronically by clicking on the ``comment'' button next to the 
information collection on the ``OIRA Information Collections Under 
Review'' page, or the ``View ICR--Agency Submission'' page. A copy of 
the supporting statement for the collection of information discussed 
herein may be obtained by visiting https://www.reginfo.gov/public/do/PRAMain.
    In addition to the submission of comments to https://Reginfo.gov as 
indicated above, a copy of all comments submitted to OIRA may also be 
submitted to the Commodity Futures Trading Commission (the 
``Commission'' or ``CFTC'') by clicking on the ``Submit Comment'' box 
next to the descriptive entry for OMB Control No. 3038-0089, at https://comments.cftc.gov/FederalRegister/PublicInfo.aspx.
    Or by either of the following methods:

[[Page 39503]]

     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.
    All comments must be submitted in English, or if not, accompanied 
by an English translation. Comments submitted to the Commission should 
include 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\ 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 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.

    \1\ 17 CFR 145.9.

FOR FURTHER INFORMATION CONTACT: Isabella Bergstein, Attorney Adviser, 
Division of Data Policy, Commodity Futures Trading Commission, Three 
Lafayette Centre, 1155 21st Street NW, Washington, DC 20581; (202) 993-
1384; email: [email protected]

    Title: Swap Data Recordkeeping and Reporting Requirements: 
Reenactment and Transition Swaps (OMB Control No. 3038-0089). This is a 
request for an extension of a currently approved information 
    Abstract: Sections 4r(a)(2)(A) and 2(h)(5) of the Commodity 
Exchange Act requires the reporting of pre-enactment and transition 
swaps. Regulations 46.2, 46.3, and 46.11 establish reporting 
requirements that are mandated by 4r and 2(h) and, thus, are necessary 
to implement the objectives of 4r and 2(h). Regulation 46.2 establishes 
swap counterparties' recordkeeping requirements for pre-enactment and 
transition swaps. Regulation 46.3 establishes reporting requirements 
for uncleared pre-enactment or transition swaps in existence on or 
after April 25, 2011, and throughout the existence of the swap.\2\ 
Regulation 46.11 addresses the reporting of errors and omission in 
previously reported data. The data required to be compiled and 
maintained pursuant to the Part 46 regulations would be used by the 
Commission and other financial regulators for fulfillment of various 
regulatory mandates. The collection of information is needed to ensure 
that the CFTC and other regulators have access to data regarding pre-
enactment and transition swaps, as required by the Commodity Exchange 
Act as amended by the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (``Dodd-Frank Act'').

    \2\ See 17 CFR part 46.1 (defining ``pre-enactment swap'' as any 
swap entered into prior to enactment of the Dodd-Frank Act of 2010 
(July 21, 2010), the terms of which have not expired as of the date 
of enactment of that Act, and ``transition swap'' as any swap 
entered into on or after the enactment of the Dodd-Frank Act of 2010 
(July 21, 2010) and prior to the applicable compliance date on which 
a registered entity or swap counterparty subject to the jurisdiction 
of the Commission is required to commence full compliance with all 
provisions of part 46).

    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. On April 26, 2022, the Commission 
published in the Federal Register notice of the proposed extension of 
this information collection and provided 60 days for public comment on 
the proposed extension, 87 FR 24534 (``60-Day Notice''). The Commission 
did not receive any relevant comments on the 60-Day Notice.
    Burden Statement: The Commission is revising its estimate of the 
burden for this collection to reflect the current number of respondents 
and estimated burden hours. The respondent burden for this collection 
is estimated to be as follows:
    Estimated Number of Respondents: 30,108.
    Estimated Average Burden Hours per Respondent: 69.5 hours.
    Estimated Total Annual Burden Hours: 13,506 hours.
    Frequency of Collection: 1.
    Estimated Number of Respondents: 608.
    Estimated Average Burden Hours per Respondent: 5.64 hours.
    Estimated Total Annual Burden Hours: 860 hours.
    Frequency of Collection: Daily.
     Total Annual Burden for the Collection: 14,366 hours.
    There are no capital costs or operating and maintenance costs 
associated with this collection.

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

    Dated: June 27, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022-14091 Filed 6-30-22; 8:45 am]