87 FR 4567

[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Pages 4567-4568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01716]



Agency Information Collection Activities: Notice of Intent To 
Extend Collection 3038-0084: Regulations Establishing and Governing the 
Duties of Swap Dealers and Major Swap Participants

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 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 the collection of 
information mandated by Commission regulations 23.600 (Risk Management 
Program), 23.601 (Monitoring of Position Limits), 23.602 (Diligent 
Supervision), 23.603 (Business Continuity and Disaster Recovery), 
23.606 (General Information: Availability for Disclosure and 
Inspection), and 23.607 (Antitrust Considerations).

DATES: Comments must be submitted on or before March 29, 2022.

ADDRESSES: You may submit comments, identified by ``OMB Control No. 
3038-0084'' by any of the following methods:
     The Agency's website, at https://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. 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.

FOR FURTHER INFORMATION CONTACT: Jacob Chachkin, Associate Chief 
Counsel, Market Participants Division, Commodity Futures Trading 
Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 
20581; (202) 418-5496; 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, including each proposed extension of an existing 
collection of information, before submitting the collection to OMB for 
approval. To comply with this requirement, the Commission is publishing 
notice of the proposed extension of the existing 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: Regulations Establishing and Governing the Duties of Swap 
Dealers and Major Swap Participants (OMB Control No. 3038-0084). This 
is a

[[Page 4568]]

request for an extension of a currently approved information 
    Abstract: On April 3, 2012 the Commission adopted Commission 
regulations 23.600 (Risk Management Program), 23.601 (Monitoring of 
Position Limits), 23.602 (Diligent Supervision), 23.603 (Business 
Continuity and Disaster Recovery), 23.606 (General Information: 
Availability for Disclosure and Inspection), and 23.607 (Antitrust 
Considerations) \1\ pursuant to section 4s(j) \2\ of the Commodity 
Exchange Act (``CEA''). The above regulations adopted by the Commission 
require, among other things, swap dealers (``SD'') \3\ and major swap 
participants (``MSP'') \4\ to develop a risk management program 
(including a plan for business continuity and disaster recovery and 
policies and procedures designed to ensure compliance with applicable 
position limits). The Commission believes that the information 
collection obligations imposed by the above regulations are essential 
to ensuring that swap dealers and major swap participants maintain 
adequate and effective risk management programs and policies and 
procedures to ensure compliance with position limits.

    \1\ 17 CFR 23.600, 23.601, 23.602, 23.603, 23.606, and 23.607.
    \2\ 7 U.S.C. 6s(j).
    \3\ For the definition of SD, see section 1a(49) of the CEA and 
Commission regulation 1.3. 7 U.S.C. 1a(49) and 17 CFR 1.3.
    \4\ For the definitions of MSP, see section 1a(33) of the CEA 
and Commission regulation 1.3. 7 U.S.C. 1a(33) and 17 CFR 1.3.

    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 for 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.\5\

    \5\ 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 Commission is revising its estimate of the 
burden for this collection to reflect the current number of respondents 
and estimated burden hours. The respondent burden for this collection 
is estimated to be as follows:
    Estimated Number of Respondents: 107.
    Estimated Average Burden Hours per Respondent: 1,148.5 hours.
    Estimated Total Annual Burden Hours: 122,889.5 hours.
    Frequency of Collection: As applicable.
    There are no capital costs or operating and maintenance costs 
associated with this collection.

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

    Dated: January 25, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022-01716 Filed 1-27-22; 8:45 am]