80_FR_47629 80 FR 47477 - Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0096, Swap Data Recordkeeping and Reporting Requirements

80 FR 47477 - Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0096, Swap Data Recordkeeping and Reporting Requirements

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 80, Issue 152 (August 7, 2015)

Page Range47477-47478
FR Document2015-19402

The Commodity Futures Trading Commission (``CFTC'' or ``Commission'') 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 and to allow 60 days for public comment. This notice solicits comments on the swap data recordkeeping and reporting requirements codified in 17 CFR part 45. This part imposes recordkeeping and reporting requirements on the following entities: Swap Data Repositories (``SDRs''), Swap Execution Facilities (``SEFs''), Designated Contract Markets (``DCMs''), Derivatives Clearing Organizations (``DCOs''), Swap Dealers (``SDs''), Major Swap Participants (``MSPs)'', and swap counterparties that are neither swap dealers nor major swap participants (``non-SD/MSP counterparties'').

Federal Register, Volume 80 Issue 152 (Friday, August 7, 2015)
[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Pages 47477-47478]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19402]


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COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities: Notice of Intent To 
Renew Collection 3038-0096, Swap Data Recordkeeping and Reporting 
Requirements

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commodity Futures Trading Commission (``CFTC'' or 
``Commission'') 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 and to allow 60 days for public comment. This 
notice solicits comments on the swap data recordkeeping and reporting 
requirements codified in 17 CFR part 45. This part imposes 
recordkeeping and reporting requirements on the following entities: 
Swap Data Repositories (``SDRs''), Swap Execution Facilities 
(``SEFs''), Designated Contract Markets (``DCMs''), Derivatives 
Clearing Organizations (``DCOs''), Swap Dealers (``SDs''), Major Swap 
Participants (``MSPs)'', and swap counterparties that are neither swap 
dealers nor major swap participants (``non-SD/MSP counterparties'').

DATES: Comments must be submitted on or before October 6, 2015.

ADDRESSES: You may submit comments, identified by ``Renewal of 
Collection Pertaining to Swap Data Recordkeeping and Reporting 
Requirements,'' or Renewal 3038-0096, by any of the following methods:
     The Agency's Web site, at http://comments.cftc.gov/. 
Follow the instructions for submitting comments through the Web site.
     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.
     Federal eRulemaking Portal: http://www.regulations.gov/. 
Follow the instructions for submitting comments through the Portal.
    Please submit your comments using only one method.

FOR FURTHER INFORMATION CONTACT: Thomas Guerin, Division of Market 
Oversight, Commodity Futures Trading Commission, 1155 21st Street NW., 
(202) 734-4194; email: [email protected], and refer to OMB Control No. 
3038-0096.

SUPPLEMENTARY INFORMATION: Under the PRA, 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.
    Title: Swap Data Recordkeeping and Reporting Requirements (OMB 
Control No. 3038-0096). This is a request for extension of a currently 
approved information collection.
    Abstract: The collection of information is needed to ensure that 
the CFTC and other regulators have access to complete data concerning 
swaps, as required by the Commodity Exchange Act as amended by the 
Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 
111-203, 124 Stat. 1376 (2010). The data would be reported to and 
maintained in SDRs, where it would not be disclosed publicly, but would 
be available to the CFTC and other financial regulators for fulfillment 
of various regulatory mandates. The information is for use by 
government entities to provide oversight and supervision and to ensure 
compliance with statutes and regulations relating to swaps.
    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 
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 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.
    All comments must be submitted in English, or if not, accompanied 
by an English translation. Comments will be posted as received to 
http://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.\1\
---------------------------------------------------------------------------

    \1\ 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 http://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 total annual time burden for this collection 
is estimated to be 445,910 hours. This estimate includes the time to 
comply with swap data recordkeeping and reporting requirements codified 
in 17 CFR part 45. Provisions of CFTC

[[Page 47478]]

Regulations 45.2, 45.3, 45.4, 45.5, 45.6, 45.7, and 45.14 result in 
information collection requirements within the meaning of the PRA. To 
the extent that the recordkeeping and reporting requirements codified 
in 17 CFR part 45 overlap with the requirements of other rulemakings 
for which the CFTC prepared and submitted an information collection 
burden estimate to OMB, the burden associated with the requirements are 
not being accounted for in the burden estimate for information 
collections under 17 CFR part 45 to avoid unnecessary duplication of 
information collection burdens.
    Respondents/Affected Entities: SDRs, SEFs, DCMS, DCOs, SDs, MSPs, 
and non-SD/MSP counterparties.
    Estimated number of respondents: 30,210.
    Estimated total annual burden on respondents: 445,910 hours.
    Frequency of collection: Ongoing.

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

    Dated: August 3, 2015.
Robert N. Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2015-19402 Filed 8-6-15; 8:45 am]
BILLING CODE 6351-01-P



                                                                             Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices                                          47477

                                              Procedure Act and other applicable                      and Reporting Requirements,’’ or                      information is for use by government
                                              laws, and may be accessible under the                   Renewal 3038–0096, by any of the                      entities to provide oversight and
                                              Freedom of Information Act.                             following methods:                                    supervision and to ensure compliance
                                                 Burden Statement: The respondent                       • The Agency’s Web site, at http://                 with statutes and regulations relating to
                                              burden for this collection is estimated to              comments.cftc.gov/. Follow the                        swaps.
                                              require between 10 minutes and one                      instructions for submitting comments                     With respect to the collection of
                                              hour per response.                                      through the Web site.                                 information, the CFTC invites
                                                 Respondents/Affected Entities: Non-                    • Mail: Christopher Kirkpatrick,                    comments on:
                                              financial end-users.                                    Secretary of the Commission,                             • Whether the proposed collection of
                                                 Estimated number of respondents:                     Commodity Futures Trading                             information is necessary for the proper
                                              1,092.                                                  Commission, Three Lafayette Centre,                   performance of the functions of the
                                                 Estimated total average annual                       1155 21st Street NW., Washington, DC                  Commission, including whether the
                                              burden on respondents: 633 hours.                       20581.                                                information will have a practical use;
                                                 Frequency of collection: On occasion;                  • Hand Delivery/Courier: Same as                       • The accuracy of the Commission’s
                                              annually.                                               Mail above.                                           estimate of the burden of the proposed
                                              (Authority: 44 U.S.C. 3501 et seq.)                       • Federal eRulemaking Portal: http://               collection of information, including the
                                                                                                      www.regulations.gov/. Follow the                      validity of the methodology and
                                                Dated: August 3, 2015.                                                                                      assumptions used;
                                                                                                      instructions for submitting comments
                                              Robert N. Sidman,                                       through the Portal.                                      • Ways to enhance the quality,
                                              Deputy Secretary of the Commission.                       Please submit your comments using                   usefulness, and clarity of the
                                              [FR Doc. 2015–19401 Filed 8–6–15; 8:45 am]              only one method.                                      information to be collected; and
                                              BILLING CODE 6351–01–P                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               • Ways to minimize the burden of
                                                                                                      Thomas Guerin, Division of Market                     collection of information on those who
                                                                                                      Oversight, Commodity Futures Trading                  are to respond, including through the
                                              COMMODITY FUTURES TRADING                               Commission, 1155 21st Street NW.,                     use of appropriate automated electronic,
                                              COMMISSION                                              (202) 734–4194; email: tguerin@cftc.gov,              mechanical, or other technological
                                                                                                      and refer to OMB Control No. 3038–                    collection techniques or other forms of
                                              Agency Information Collection                                                                                 information technology; e.g., permitting
                                              Activities: Notice of Intent To Renew                   0096.
                                                                                                                                                            electronic submission of responses.
                                              Collection 3038–0096, Swap Data                         SUPPLEMENTARY INFORMATION:      Under the                All comments must be submitted in
                                              Recordkeeping and Reporting                             PRA, Federal agencies must obtain                     English, or if not, accompanied by an
                                              Requirements                                            approval from the Office of Management                English translation. Comments will be
                                                                                                      and Budget (‘‘OMB’’) for each collection              posted as received to http://
                                              AGENCY: Commodity Futures Trading                       of information they conduct or sponsor.               www.cftc.gov. You should submit only
                                              Commission.                                             ‘‘Collection of Information’’ is defined              information that you wish to make
                                              ACTION: Notice.                                         in 44 U.S.C. 3502(3) and 5 CFR 1320.3                 available publicly. If you wish the
                                              SUMMARY:    The Commodity Futures                       and includes agency requests or                       Commission to consider information
                                              Trading Commission (‘‘CFTC’’ or                         requirements that members of the public               that you believe is exempt from
                                              ‘‘Commission’’) is announcing an                        submit reports, keep records, or provide              disclosure under the Freedom of
                                              opportunity for public comment on the                   information to a third party. Section                 Information Act, a petition for
                                              proposed collection of certain                          3506(c)(2)(A) of the PRA, 44 U.S.C.                   confidential treatment of the exempt
                                              information by the agency. Under the                    3506(c)(2)(A), requires Federal agencies              information may be submitted according
                                              Paperwork Reduction Act (‘‘PRA’’),                      to provide a 60-day notice in the                     to the procedures established in § 145.9
                                              Federal agencies are required to publish                Federal Register concerning each                      of the Commission’s regulations.1
                                              notice in the Federal Register                          proposed collection of information                       The Commission reserves the right,
                                              concerning each proposed collection of                  before submitting the collection to OMB               but shall have no obligation, to review,
                                              information and to allow 60 days for                    for approval. To comply with this                     pre-screen, filter, redact, refuse or
                                              public comment. This notice solicits                    requirement, the CFTC is publishing                   remove any or all of your submission
                                              comments on the swap data                               notice of the proposed collection of                  from http://www.cftc.gov that it may
                                              recordkeeping and reporting                             information listed below.                             deem to be inappropriate for
                                                                                                         Title: Swap Data Recordkeeping and                 publication, such as obscene language.
                                              requirements codified in 17 CFR part
                                                                                                      Reporting Requirements (OMB Control                   All submissions that have been redacted
                                              45. This part imposes recordkeeping
                                                                                                      No. 3038–0096). This is a request for                 or removed that contain comments on
                                              and reporting requirements on the
                                                                                                      extension of a currently approved                     the merits of the Information Collection
                                              following entities: Swap Data
                                                                                                      information collection.                               Request will be retained in the public
                                              Repositories (‘‘SDRs’’), Swap Execution
                                                                                                         Abstract: The collection of                        comment file and will be considered as
                                              Facilities (‘‘SEFs’’), Designated Contract
                                                                                                      information is needed to ensure that the              required under the Administrative
                                              Markets (‘‘DCMs’’), Derivatives Clearing
                                                                                                      CFTC and other regulators have access                 Procedure Act and other applicable
                                              Organizations (‘‘DCOs’’), Swap Dealers
                                                                                                      to complete data concerning swaps, as                 laws, and may be accessible under the
                                              (‘‘SDs’’), Major Swap Participants
                                                                                                      required by the Commodity Exchange                    Freedom of Information Act.
                                              (‘‘MSPs)’’, and swap counterparties that
                                                                                                      Act as amended by the Dodd-Frank Wall                    Burden Statement: The total annual
                                              are neither swap dealers nor major swap
                                                                                                      Street Reform and Consumer Protection                 time burden for this collection is
                                              participants (‘‘non-SD/MSP
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                      Act, Public Law 111–203, 124 Stat. 1376               estimated to be 445,910 hours. This
                                              counterparties’’).
                                                                                                      (2010). The data would be reported to                 estimate includes the time to comply
                                              DATES:  Comments must be submitted on                   and maintained in SDRs, where it                      with swap data recordkeeping and
                                              or before October 6, 2015.                              would not be disclosed publicly, but                  reporting requirements codified in 17
                                              ADDRESSES: You may submit comments,                     would be available to the CFTC and                    CFR part 45. Provisions of CFTC
                                              identified by ‘‘Renewal of Collection                   other financial regulators for fulfillment
                                              Pertaining to Swap Data Recordkeeping                   of various regulatory mandates. The                     1 17   CFR 145.9.



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                                              47478                          Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices

                                              Regulations 45.2, 45.3, 45.4, 45.5, 45.6,               ADDRESSES:   You may submit comments,                 4s(j)(5) 2 of the Commodity Exchange
                                              45.7, and 45.14 result in information                   identified by ‘‘Conflict of Interest                  Act (‘‘CEA’’). Commission regulation
                                              collection requirements within the                      Policies and Procedures by Swap                       23.605 requires, among other things,
                                              meaning of the PRA. To the extent that                  Dealers and Major Swap Participants,’’                that swap dealers (‘‘SD’’) 3 and major
                                              the recordkeeping and reporting                         and Collection Number 3038–0079 by                    swap participants (‘‘MSP’’) 4 adopt and
                                              requirements codified in 17 CFR part 45                 any of the following methods:                         implement conflicts of interest
                                              overlap with the requirements of other                     • The Agency’s Web site, at http://                procedures and disclosures, establish
                                              rulemakings for which the CFTC                          comments.cftc.gov/. Follow the                        written policies and procedures
                                              prepared and submitted an information                   instructions for submitting comments                  reasonably designed to ensure
                                              collection burden estimate to OMB, the                  through the Web site.                                 compliance with the conflicts of interest
                                              burden associated with the                                 • Mail: Christopher Kirkpatrick,                   and disclosure obligations within the
                                              requirements are not being accounted                    Secretary of the Commission,                          regulations, and maintain specified
                                              for in the burden estimate for                          Commodity Futures Trading                             records related to those requirements.5
                                              information collections under 17 CFR                    Commission, Three Lafayette Centre,                   The Commission believes that the
                                              part 45 to avoid unnecessary                            1155 21st Street NW., Washington, DC                  information collection obligations
                                              duplication of information collection                   20581.                                                imposed by Commission regulation
                                              burdens.                                                   • Hand Delivery/Courier: Same as                   23.605 are essential (i) to ensuring that
                                                Respondents/Affected Entities: SDRs,                  Mail above.                                           SDs and MSPs develop and maintain
                                              SEFs, DCMS, DCOs, SDs, MSPs, and                           • Federal eRulemaking Portal: http://              the conflicts of interest systems,
                                              non-SD/MSP counterparties.                              www.regulations.gov/. Follow the                      procedures and disclosures required by
                                                Estimated number of respondents:                      instructions for submitting comments                  the CEA, and Commission regulations,
                                              30,210.                                                 through the Portal. Please submit your                and (ii) to the effective evaluation of
                                                Estimated total annual burden on                      comments using only one method.                       these registrants’ actual compliance
                                              respondents: 445,910 hours.                                All comments must be submitted in                  with the CEA and Commission
                                                                                                      English, or if not, accompanied by an                 regulations.
                                                Frequency of collection: Ongoing.
                                                                                                      English translation. Comments will be                   With respect to the collection of
                                                 Authority: 44 U.S.C. 3501 et seq.                    posted as received to www.cftc.gov.                   information, the CFTC invites
                                                Dated: August 3, 2015.                                FOR FURTHER INFORMATION CONTACT:                      comments on:
                                              Robert N. Sidman,                                       Jacob Chachkin, Special Counsel,                        • Whether the proposed collection of
                                              Deputy Secretary of the Commission.                     Division of Swap Dealer and                           information is necessary for the proper
                                              [FR Doc. 2015–19402 Filed 8–6–15; 8:45 am]              Intermediary Oversight, Commodity                     performance of the functions of the
                                              BILLING CODE 6351–01–P
                                                                                                      Futures Trading Commission, (202)                     Commission, including whether the
                                                                                                      418–5496; email: jchachkin@cftc.gov.                  information will have a practical use;
                                                                                                      SUPPLEMENTARY INFORMATION: Under the                    • The accuracy of the Commission’s
                                              COMMODITY FUTURES TRADING                               PRA, Federal agencies must obtain                     estimate of the burden of the proposed
                                              COMMISSION                                              approval from the Office of Management                collection of information, including the
                                                                                                      and Budget (‘‘OMB’’) for each collection              validity of the methodology and
                                              Agency Information Collection                           of information they conduct or sponsor.               assumptions used;
                                              Activities: Notice of Intent to Renew                   ‘‘Collection of Information’’ is defined                • Ways to enhance the quality,
                                              Collection Number 3038–0079, Conflict                   in 44 U.S.C. 3502(3) and 5 CFR 1320.3                 usefulness, and clarity of the
                                              of Interest Policies and Procedures by                  and includes agency requests or                       information to be collected; and
                                              Swap Dealers and Major Swap                             requirements that members of the public                 • Ways to minimize the burden of
                                              Participants                                            submit reports, keep records, or provide              collection of information on those who
                                                                                                      information to a third party. Section                 are to respond, including through the
                                              AGENCY: Commodity Futures Trading
                                                                                                      3506(c)(2)(A) of the PRA, 44 U.S.C.                   use of appropriate automated electronic,
                                              Commission.
                                                                                                      3506(c)(2)(A), requires Federal agencies              mechanical, or other technological
                                              ACTION: Notice.                                         to provide a 60-day notice in the                     collection techniques or other forms of
                                                                                                      Federal Register concerning each                      information technology; e.g., permitting
                                              SUMMARY:   The Commodity Futures                        proposed collection of information,                   electronic submission of responses.
                                              Trading Commission (‘‘CFTC’’ or                         including each proposed extension of an                 You should submit only information
                                              ‘‘Commission’’) is announcing an                        existing collection of information,                   that you wish to make available
                                              opportunity for public comment on the                   before submitting the collection to OMB               publicly. If you wish the Commission to
                                              proposed collection of certain                          for approval. To comply with this                     consider information that you believe is
                                              information by the agency. Under the                    requirement, the CFTC is publishing                   exempt from disclosure under the
                                              Paperwork Reduction Act (‘‘PRA),                        notice of the proposed collection of                  Freedom of Information Act, a petition
                                              Federal agencies are required to publish                information listed below.                             for confidential treatment of the exempt
                                              notice in the Federal Register                             Title: Conflict of Interest Policies and           information may be submitted according
                                              concerning each proposed collection of                  Procedures by Swap Dealers and Major                  to the procedures established in § 145.9
                                              information, including each proposed                    Swap Participants (OMB Control No.                    of the Commission’s regulations.6
                                              extension of an existing collection of                  3038–0079). This is a request for an
                                              information, and to allow 60 days for                   extension of a currently approved                       27 U.S.C. 6s(j)(5).
                                              public comment. This notice solicits
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                      information collection.                                 3 For the definition of SD, see section 1a(49) of
                                              comments on the collections of                             Abstract: On April 3, 2012 the                     the CEA and Commission regulation 1.3(ggg). 7
                                              information mandated by Commission                      Commission adopted Commission                         U.S.C. 1a(49) and 17 CFR 1.3(ggg).
                                              regulation 23.605 (Conflicts of interest                regulation 23.605 (Conflicts of interest
                                                                                                                                                              4 For the definitions of MSP, see section 1a(33) of

                                              policies and procedures).                                                                                     the CEA and Commission regulation 1.3(hhh). 7
                                                                                                      policies and procedures) 1 under section              U.S.C. a(33) and 17 CFR 1.3(hhh).
                                              DATES: Comments must be submitted on                                                                            5 See 17 CFR 23.605.

                                              or before October 6, 2015.                                1 17   CFR 23.605.                                    6 17 CFR 145.9.




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Document Created: 2015-12-15 10:57:27
Document Modified: 2015-12-15 10:57:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be submitted on or before October 6, 2015.
ContactThomas Guerin, Division of Market Oversight, Commodity Futures Trading Commission, 1155 21st Street NW., (202) 734-4194; email: [email protected], and refer to OMB Control No. 3038-0096.
FR Citation80 FR 47477 

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