[Federal Register Volume 87, Number 159 (Thursday, August 18, 2022)]
[Pages 50849-50850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17791]



Agency Information Collection Activities: Notice of Intent To 
Extend Collection 3038-0085: Rule 50.50 End-User Notification of Non-
Cleared Swap

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.


SUMMARY: The Commodity Futures Trading Commission (``CFTC'' or 
``Commission'') is announcing an opportunity for public comment on the 
proposed renewal of a collection of

[[Page 50850]]

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 of an existing collection of 
information, and to allow 60 days for public comment. This notice 
solicits comments on the renewal of the reporting requirement that is 
embedded in the final rule adopting the end-user exception to the 
Commission's swap clearing requirement.

DATES: Comments must be submitted on or before October 17, 2022.

ADDRESSES: You may submit comments, identified by ``Rule 50.50 End-User 
Notification of Non-Cleared Swap, OMB Control No. 3038-0085,'' by any 
of the following methods:
     The CFTC'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. 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.

FOR FURTHER INFORMATION CONTACT: Megan Wallace, Senior Special Counsel, 
(202) 418-5150, [email protected]; Daniel O'Connell, Special Counsel, 
(202) 418-5583, [email protected]; each of the Division of Clearing 
and Risk, Commodity Futures Trading Commission, Three Lafayette Centre, 
1155 21st Street NW, Washington, DC 20581.

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 currently approved 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.\1\

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

    Title: Rule 50.50 End-User Notification of Non-Cleared Swap (OMB 
Control No. 3038-0085). This is a request for an extension of a 
currently approved information collection.
    Abstract: CFTC Rule 50.50 specifies the requirements for eligible 
end-users who may elect the end-user exception from the Commission's 
swap clearing requirement, as provided under section 2(h)(7) of the 
Commodity Exchange Act (``CEA''). Rule 50.50 requires the 
counterparties to report certain information to a swap data repository 
registered with the Commission, or to the Commission directly, if one 
or more counterparties elects the end-user exception. The rule 
establishes a reporting requirement for end-users that is critical to 
ensuring compliance with the Commission's clearing requirement under 
section 2(h)(1) of the CEA and is necessary in order for Commission 
staff to prevent abuse of the end-user exception. In addition, this 
collection relates to information that the Commission needs to monitor 
elections of the end-user exception and to assess market risks.
    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.
    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 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: The Commission is revising its estimate of the 
burden for this collection for eligible end-users electing the end-user 
exception under CFTC Rule 50.50. The Commission is decreasing the 
estimated number of respondents from 1,600 to 1,200 based on an 
observed decrease in the number of entities electing the exception. The 
respondent burden for this collection is estimated to be as follows:
    Estimated Number of Respondents: 1,200.
    Estimated Average Burden Hours per Respondent: 0.58 hours.
    Estimated Total Annual Burden Hours: 696 hours.
    Frequency of Collection: On occasion; annually.
    There are no capital costs or operating and maintenance costs 
associated with this collection.

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

    Dated: August 15, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022-17791 Filed 8-17-22; 8:45 am]