[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Pages 53870-53871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17012]



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 September 8, 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. 3038-0117, 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: Eileen Chotiner, Division of Clearing 
and Risk, Commodity Futures Trading Commission, (202) 418-5467; email: 
[email protected], and refer to OMB Control No. 3038-0117.

    Title: Exemption from Derivatives Clearing Organization 
Registration (OMB Control No. 3038-0117). This is a request for 
approval for an existing collection in use without a currently approved 
OMB control number.
    Abstract: This information collection is associated with CFTC 
regulations codifying the policies and procedures that the Commission 
follows with respect to granting exemptions from registration as a DCO 
for the clearing of proprietary swaps for U.S. persons and futures 
commission merchants (``FCMs''). The rules include reporting 
requirements that are collections of information requiring approval 
under the PRA. Specifically, Commission regulation 39.6 specifies the 
conditions and procedures under which a clearing organization may apply 
for exemption from registration as a DCO, the information that must be 
provided to the Commission to obtain and maintain such exemption, and 
procedures for termination of an exemption. See 17 CFR 39.6. The 
information that is collected under these regulations is necessary for 
the Commission to determine whether a clearing organization qualifies 
for exemption from DCO registration, to evaluate the continued 
eligibility of the exempt DCO for exemption from registration, to 
review compliance by the exempt DCO with any conditions of such 
exemption, or to conduct its oversight of U.S. persons and the swaps 
that are cleared by U.S. persons through the exempt DCO.
    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 May 30, 2023, 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, 88 FR 34489. The Commission received no 
relevant comments that addressed its PRA burden estimates.
    Burden Statement: The provisions of part 39 of the CFTC's 
Regulations include reporting requirements that constitute information 
collections within the meaning of the PRA. With respect to the ongoing 
reporting obligations associated with exemption from DCO registration, 
the CFTC believes that exempt DCOs incur an aggregate annual time-
burden of 257 hours.
    Respondents/Affected Entities: Derivatives Clearing Organizations.
    Estimated number of respondents: 9.
    Estimated average burden hours per respondent: 29 hours.\2\

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

    Estimated total annual burden hours on respondents: 257 hours.
    Frequency of collection: On occasion.

[[Page 53871]]

    There are no capital costs or operating and maintenance costs 
associated with this collection.

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

    Dated: August 3, 2023.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023-17012 Filed 8-8-23; 8:45 am]