[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Pages 86637-86638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27490]



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 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 January 16, 2024.

ADDRESSES: Written comments regarding the burden estimated or any other 
aspect of the 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. 3038-0093, 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 section 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: Maura Dundon, Special Counsel, 
Division of Market Oversight, Commodity Futures Trading Commission, 
202-418-5286, email: [email protected].

    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 

[[Page 86638]]

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).\2\ The regulations also 
include special certification provisions (Sec.  40.10) for certain 
rules submitted by systemically important DCOs (``SIDCOs'').

    \2\ 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 

    On October 3, 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 68112 (``60-Day Notice''). The Commission did not 
receive any relevant comments on the 60-Day Notice that addressed its 
PRA burden estimates.
    Respondents/Affected Entities: Designated Contract Markets, Swap 
Execution Facilities, Derivatives Clearing Organizations, and Swap Data 
    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).

    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.)

Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023-27490 Filed 12-13-23; 8:45 am]