[Federal Register Volume 88, Number 2 (Wednesday, January 4, 2023)]
[Pages 347-348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28548]



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 February 3, 2023.

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. 3038-0096, at https://comments.cftc.gov/FederalRegister/PublicInfo.aspx.
    Or by either of the following methods:
     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 Market Oversight, Commodity Futures Trading Commission, 
Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581 (202) 
993-1384; email: [email protected], and refer to OMB Control Number 

    Title: Swap Data Recordkeeping and Reporting Requirements (OMB 
Control No. 3038-0096). This is a request for extension of a currently 
approved information collection.
    Abstract: The collection of information is needed to ensure that 
the CFTC and other regulators have access to swap data as required by 
the Commodity Exchange Act, as amended by the Dodd-Frank Wall Street 
Reform and Consumer Protection Act (``Dodd-Frank Act''). The Dodd-Frank 
Act directed the CFTC to adopt rules providing for the reporting of 
data relating to swaps. In 2012, the CFTC adopted Regulation 45, which 
imposes recordkeeping and reporting requirements relating to pre-
enactment and historical swaps.
    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 October 24, 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 64205 (``60-Day Notice''). The Commission 
received no relevant comments that addressed its PRA burden estimates.
    Burden Statement: Provisions of CFTC Regulations 39.6, 45.2, 45.3, 
45.4, 45.5, 45.6, 45.10, and 45.14 result in information collection 
requirements within the meaning of the PRA. With respect to the ongoing 
reporting and recordkeeping burdens associated with swaps, the CFTC 
believes that SDs, SEFs, DCMs, DCOs, SDRs, MSPs, and non-SD/MSP 
counterparties incur an annual time-burden of 1,460,357 hours. This 
time-burden represents a proportion of the burden respondents incur to 
operate and maintain their swap data recordkeeping and reporting 
systems.The respondent burden for this collection is estimated to be as 
    Respondents/Affected Entities: Swap Dealers, Major Swap 
Participants, SEFs, DCMs, DCOs, and other counterparties to a swap 
transaction (i.e., end-user, non-SD/non-MSP counterparties).
    Estimated Number of Respondents: 1,732.
    Estimated Average Burden Hours per Respondent: 843 hours.\2\

    \2\ Average burden hour per respondent rounded to the nearest 
full hour.

    Estimated Total Annual Burden Hours: 1,460,357 hours.\3\

    \3\ This estimate reflects a revision to the Information 
Collection approved by OMB on November 16, 2022. See ICR Ref. No. 
202209-3038-003. Due to this revision, this figure has been revised 
from the estimate of 1,276,705 hours included in the 60-Day Notice.


[[Page 348]]

    Frequency of Collection: Ongoing.
    There are no capital costs or operating and maintenance costs 
associated with this collection.

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

    Dated: December 28, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022-28548 Filed 1-3-23; 8:45 am]