[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Pages 41932-41933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13705]



Agency Information Collection Activities: Notice of Intent to 
Extend Collection; 3038-0097; Process for Review of Swaps for Mandatory 

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

[[Page 41933]]

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 
reporting and recordkeeping requirements relating to information 
management requirements for derivatives clearing organizations.

DATES: Comments must be submitted on or before August 28, 2023.

ADDRESSES: You may submit comments, identified by OMB Control No. 3038-
0097, 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.
     Hand Delivery/Courier: Same as Mail above.
    Please submit your comments using only one method and identify that 
it is for the renewal of Collection Number 3038-0097. 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: Daniel O'Connell, Special Counsel, 
(202) 418-5583, [email protected]; 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.
    Title: Process for Review of Swaps for Mandatory Clearing (OMB 
Control No. 3038-0097). This is a request for an extension of a 
currently approved information collection.
    Abstract: The Commodity Exchange Act and Commission regulations 
require a derivatives clearing organization (``DCO'') that wishes to 
accept a swap for clearing to be eligible to clear the swap and to 
submit the swap to the Commission for a determination as to whether the 
swap is required to be cleared. Commission regulation 39.5 sets forth 
the process for these submissions. The Commission will use the 
information in this collection to determine whether a DCO that wishes 
to accept a swap for clearing is eligible to clear the swap and whether 
the swap should be required to be cleared.
    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.\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 respondent burden for this collection is 
estimated to be as follows:
    Respondents/Affected Entities: Derivatives clearing organizations.
    Estimated Number of Respondents: 15.
    Estimated Average Burden Hours per Respondent: 40 hours.
    Estimated Total Annual Burden Hours: 600 hours.
    Frequency of Collection: On occasion; a DCO is only required to 
make a one-time submission before it first accepts a swap for clearing.
    There are no capital costs or operating and maintenance costs 
associated with this collection.
    Authority: 44 U.S.C. 3501 et seq.

    Dated: June 22, 2023.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023-13705 Filed 6-27-23; 8:45 am]