[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Pages 68112-68114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21817]



Agency Information Collection Activities: Notice of Intent To 
Renew Collection 3038-0093, Part 40, Provisions Common to Registered 

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 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 
collection of information, including each proposed extension of an 
existing collection, and to allow 60 days for public comment. This 
notice solicits comments on collections of information provided for by 
part 40 of the Commission's regulations, Provisions Common to 
Registered Entities.

DATES: Comments must be submitted on or before December 4, 2023.

ADDRESSES: You may submit comments, identified by OMB Control No. 3038-
0093 by any of the following methods:
     The Agency's Website, at https://comments.cftc.gov/. 
Follow the instructions for submitting comments through the website.
     Email: Comments may also be sent by email to 
[email protected]. Please make sure to put ``OMB Control No. 3038-
0093'' in the email subject line.
     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 3038-0093.

FOR FURTHER INFORMATION CONTACT: Maura Dundon, Special Counsel, 
Division of Market Oversight, Commodity Futures Trading Commission, 
Three Lafayette Centre, 1155 21st Street NW, Washington, DC

[[Page 68113]]

20581, (202)-418-5286, email: [email protected].

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 before submitting the collection to OMB for approval. To 
comply with this requirement, the CFTC is publishing notice of the 
proposed 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: Part 40, Provisions Common to Registered Entities (OMB 
Control No. 3038-0093). This is a request for extension of a currently 
approved information collection.
    Abstract: This collection of information involves the collection 
and submission to the Commission of information from registered 
entities concerning new products, rules, and rule amendments pursuant 
to the procedures outlined in Sec. Sec.  40.2, 40.3, 40.5, 40.6, and 
40.10 found in 17 CFR part 40. Part 40 of the Commission's regulations 
implements section 5c(c) of the CEA and sets forth provisions that are 
common to registered entities, including designated contract markets 
(``DCMs''), derivatives clearing organizations (``DCOs''), swap 
execution facilities (``SEFs'') and swap data repositories (``SDRs''). 
Part 40 establishes requirements and procedures for registered entities 
to submit information about their rules and products to the Commission 
prior to implementing rules, listing products for trading, or accepting 
products for clearing. Part 40 generally provides two means for 
registered entities to submit rules and products to the Commission. 
Typically, a registered entity elects to certify that their product 
(Sec.  40.2) or rule (Sec.  40.6) complies with the CEA and the 
Commission regulations. This process is known as self-certification. 
Alternatively, a registered entity may seek Commission approval of the 
product (Sec.  40.3) or rule (Sec.  40.5).\1\ The regulations also 
include special certification provisions (Sec.  40.10) for certain 
rules submitted by systemically important DCOs (``SIDCOs'').

    \1\ Commission regulations may expressly or impliedly trigger 
the requirement for a registered entity to make a submission 
pursuant to part 40. For example, the Commission's part 150 
regulation on position limits contains an express requirement to 
make a Sec.  40.5 rule filing in certain circumstances. See 17 CFR 

    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 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.\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 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: OMB Control Number 3038-0093 reflects the 
information collection burden under Commission regulations associated 
with product filings (Sec. Sec.  40.2 and 40.3); rule filings 
(Sec. Sec.  40.5 and 40.6); and SIDCO filings (Sec.  40.10). As part of 
this renewal, the Commission has updated its burden estimates to 
reflect current filing volumes and burden hours.

Provisions Common to Regulated Entities IC

    The Commission estimates the average burden of the Provisions 
Common to Regulated Entities IC as follows:

 Product Submissions (Sec.  40.2 and 40.3)

    Estimated Number of Respondents: 70.\3\

    \3\ The estimated number of 70 respondents includes 16 active 
DCMs, 23 registered SEFs, 15 registered DCOs, 5 provisionally 
registered SDRs, plus pending applications for those entities.

    Annual Responses by each Respondent: 12.\4\

    \4\ The 3-year average of total responses for Sec. Sec.  40.2 
and 40.3 submissions combined was 848 responses, calculated by 
taking the annual total submissions received under Sec. Sec.  40.2 
and 40.3 combined from all entities and averaging them for the years 
of 2020, 2021 and 2022. The estimated number of reports per 
respondent is calculated as 848 responses divided by 70 respondents 
(848 responses/70 respondents = 12 responses per respondent).

    Estimated Hours per Response: 21.\5\

    \5\ The 21-hour estimate for product submissions reflects 
industry comments received in 2018. See 83 FR 43855, 43856 (Aug. 28, 
2018); Supporting Statement at https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201808-3038-003.

    Estimated Total Hours per Year: 17,640.

 Rule Submissions (Sec. Sec.  40.5 and 40.6)

    Estimated Number of Respondents: 70.\6\

    \6\ See supra n.3.

    Annual Responses by each Respondent: 20.\7\

    \7\ The 3-year average of total responses for Sec. Sec.  40.5 
and 40.6 submissions combined was 1,412 responses, calculated by 
taking the annual total submissions received under Sec. Sec.  40.5 
and 40.6 combined from all entities and averaging them for the years 
of 2020, 2021 and 2022. The estimated number of reports per 
respondent is calculated as 1,412 responses divided by 70 
respondents (1,412 responses/70 respondents = 20 responses per 

    Estimated Hours per Response: 2.
    Estimated Total Hours per Year: 2,800.

 SIDCO Submissions (Sec.  40.10)

    Estimated Number of Respondents: 2.
    Annual Responses by each Respondent: 1.\8\

    \8\ The 3-year average of total responses for Sec.  40.10 
submissions was 2, calculated by taking the annual total submissions 
received under Sec.  40.10 from all SIDCOs and averaging them for 
the years of 2020, 2021 and 2022. The average number of reports per 
respondent is 1, calculated as 2 responses divided by 2 respondents 
(2 responses/2 respondents = 1 response per respondent).


[[Page 68114]]

    Estimated Hours per Response: 50.
    Estimated Total Hours per Year: 100.
    There are no capital costs or operating and maintenance costs 
associated with this collection.

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

    Dated: September 28, 2023.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023-21817 Filed 10-2-23; 8:45 am]