[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Pages 41674-41675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14974]



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 information 
collections associated with 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 12, 2022.

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, https://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: Rebecca Mersand, Paralegal Specialist, 
Division of Market Oversight, Commodity Futures Trading Commission, 290 
Broadway, 6th Floor, New York, NY 10007; (202) 941-8910; 
[email protected] Andrew Stein, Special Counsel, Division of Market 
Oversight, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1155 21st Street NW, Washington, DC 20581; (202) 418-6054; 
[email protected] 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 herein. 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 this 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
     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.
    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

[[Page 41675]]

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 include information collection requirements within the 
meaning of the PRA. These regulations permit 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 complying with these information 
collection requirements to be 16 hours per response.
    Respondents/Affected Entities: SEFs, DCMs.
    Estimated Number of Respondents: 5.
    Estimated Average Burden Hours per Respondent: 16.
    Estimated Total Annual Burden Hours: 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 8, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022-14974 Filed 7-12-22; 8:45 am]