2022-08787
[Federal Register Volume 87, Number 80 (Tuesday, April 26, 2022)]
[Notices]
[Pages 24533-24534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08787]
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COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities: Notice of Intent To
Revise Collection Numbers 3038-0087: Reporting, Recordkeeping, and
Daily Trading Records Requirements for Swap Dealers and Major Swap
Participants
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice.
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SUMMARY: The Commodity Futures Trading Commission (``Commission'') 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 collections of information
mandated by Commission regulations 23.201 through 23.205 (Reporting,
Recordkeeping, and Daily Trading Records Requirements For Swap Dealers
and Major Swap Participants).
DATES: Comments must be submitted on or before June 27, 2022.
ADDRESSES: You may submit comments, identified by ``OMB Control Number
3038-0087'' 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: Andrew Chapin, Associate Chief
Counsel, Market Participants Division, Commodity Futures Trading
Commission, (202) 418-5465, email: [email protected].
SUPPLEMENTARY INFORMATION: Under the PRA,\1\ 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,
[[Page 24534]]
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 collection of information listed below.
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\1\ 44 U.S.C. 3501 et seq.
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Title: Reporting, Recordkeeping, and Daily Trading Records
Requirements for Swap Dealers and Major Swap Participants (OMB Control
Nos. 3038-0087). This is a request for an extension of currently
approved information collection.
Abstract: On April 3, 2012, the Commission adopted Commission
regulations 23.201 through 23.205 (Reporting, Recordkeeping, and Daily
Trading Records Requirements For Swap Dealers and Major Swap
Participants) \2\ pursuant to sections 4s(f) \3\ and 4s(g) \4\ of the
Commodity Exchange Act (``CEA'').\5\ Commission regulations 23.201
through 23.205 require, among other things, swap dealers (``SD'') \6\
and major swap participants (``MSP'') \7\ to maintain transaction and
position records of their swaps (including daily trading records) and
to maintain specified business records (including records related to
the governance and financial status of the swap dealer or major swap
participant, complaints received by such SD or MSP and such SD or MSP's
marketing and sales materials). They also require SDs and MSPs to
report certain swap transaction data to swap data repositories, to
satisfy certain real time public reporting requirements, and to
maintain records of information reported to swap data depositories and
for real time reporting purposes.\8\ The Commission believes that the
information collection obligations imposed by Commission regulations
23.201 through 23.205 are necessary to implement sections 4s(f) and
4s(g) of the CEA, including ensuring that each SD and MSP maintains the
required records of their business activities and an audit trail
sufficient to conduct comprehensive and accurate trade reconstruction.
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.
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\2\ 17 CFR 23.201-23.205.
\3\ 7 U.S.C. 6s(f).
\4\ 7 U.S.C. 6s(g).
\5\ 77 FR 20128.
\6\ 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.
\7\ 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.
\8\ See 17 CFR 23.201-23.205.
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With respect to the collection of information, the Commission
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
use;
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 whoare 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.\9\
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\9\ 17 CFR 145.9.
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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. The respondent burden for this collection is estimated to
be as follows:
Estimated Number of Respondents: 107.
Estimated Average Burden Hours Per Respondent: 2,096.
Estimated Total Annual Burden Hours: 224,272.
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: April 20, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022-08787 Filed 4-25-22; 8:45 am]
BILLING CODE 6351-01-P