81_FR_74615 81 FR 74408 - Agency Information Collection Activities Under OMB Review

81 FR 74408 - Agency Information Collection Activities Under OMB Review

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 81, Issue 207 (October 26, 2016)

Page Range74408-74410
FR Document2016-25925

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.

Federal Register, Volume 81 Issue 207 (Wednesday, October 26, 2016)
[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74408-74410]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25925]


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COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities Under OMB Review

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.

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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

[[Page 74409]]

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 November 25, 2016.

ADDRESSES: Comments regarding the burden estimated or any other aspect 
of the information collection, including suggestions for reducing the 
burden, may be submitted directly to the Office of Information and 
Regulatory Affairs in OMB, within 30 days of publication of the notice, 
by email at [email protected]. Please identify the comments 
by OMB Control No. 3038-0096. Please provide the Commission with a copy 
of all submitted comments at the address listed below. Please refer to 
OMB Reference No. 3038-0096, found on http://reginfo.gov. Comments may 
also be mailed to the Office of Information and Regulatory Affairs, 
Office of Management and Budget, Attention: Desk Officer for the 
Commodity Futures Trading Commission, 725 17th Street NW., Washington, 
DC 20503, and to the Commission through its Web site at http://comments.cftc.gov. Follow the instructions for submitting comments 
through the Web site.
    Comments may also be mailed to: Christopher Kirkpatrick, Secretary 
of the Commission, Commodity Futures Trading Commission, Three 
Lafayette Centre, 1155 21st Street NW., Washington, DC 20581, or by 
Hand Delivery/Courier at the same address.
    A copy of the supporting statements for the collection of 
information discussed above may be obtained by visiting http://
regInfo.gov. 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.

FOR FURTHER INFORMATION CONTACT: Andrew Ridenour, Special Counsel, 
(202) 418-5438, [email protected], or Owen Kopon, Attorney-Advisor, 
(202) 418-5360, [email protected], Division of Market Oversight, and 
refer to OMB Control No. 3038-0096.

SUPPLEMENTARY INFORMATION: 
    Title: Revised Collection, Comment Request: Amendments to Swap Data 
Recordkeeping and Reporting Requirements for Cleared Swaps, Final Rule 
(OMB Control No. 3038-0096). This is a request for a revision to a 
currently approved information collection.
    Abstract: The Commission recently adopted a final rule regarding 
the reporting of cleared swap transactions (the ``Cleared Swap 
Reporting Release''),\1\ which will require entities reporting swaps to 
report certain additional data elements. This Cleared Swap Reporting 
Release will also require registered derivatives clearing organizations 
(``DCOs'') to terminate ``original swaps'' (as defined in that final 
rule), which may require DCOs to connect to multiple registered swap 
data repositories (``SDRs''). 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. The Federal 
Register notice with a 60-day comment period soliciting comments on 
this collection of information (``60 Day Notice''), implicated by the 
requirements of the Cleared Swap Reporting Release, was published on 
July 21, 2016 (81 FR 47362). The 60 Day Notice included a burden 
estimate for (a) DCOs to connect to SDRs for purposes of terminating 
original swaps, estimated to require a one-time hours burden of 3,000 
per DCO and a recurring annual cost of $250,000; and (b) changes to 
reporting systems by all reporting entities and SDRs to account for 
additional and amended primary economic terms (``PET'') data fields in 
the Cleared Swap Reporting Release and future changes required by 
changes to PET fields and developments in the swaps market, estimated 
as a recurring burden of 200 hours per year.\2\
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    \1\ See Amendments to Swap Data Recordkeeping and Reporting 
Requirements for Cleared Swaps, Final Rule, 81 FR 41736 (June 27, 
2016).
    \2\ While not connected to the Cleared Swap Reporting Release, 
the Commission also proposed in the 60 Day Notice to reduce the 
number of SDRs in collection 3038-0096 from 15 to 4. When submitting 
the original OMB information collection for part 45 reporting, the 
Commission had assumed that up to 15 entities would register as 
SDRs. Currently, there are four SDRs provisionally registered with 
the Commission. Three other entities had submitted SDR applications. 
Two withdrew applications in 2012 and 2014. One (GTR) withdrew its 
application and resubmitted under the corporate entity DTCC Data 
Repository (US) LLC, which currently operates as a provisionally 
registered SDR. As the Commission has not received any SDR 
applications since 2012, the Commission believes that four is a 
reasonable number of SDRs for calculating PRA burdens.
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    The Commission received one comment letter in response to the 60 
Day Notice. CME Group commented that the Commission's assumptions 
relating to economies of scale for connections to more than one SDR 
were erroneous. CME Group also commented that the Commission's 
assumption that DCOs would not need to connect to every SDR because not 
every SDR accepted every asset class of swaps was erroneous, because 
only the equities asset class was accepted by fewer than four SDRs. 
While not providing a specific number of burden hours associated with 
the Cleared Swap Reporting Release, CME Group estimated that the build 
to comply with the rule would be ``almost 50% above the Commission's 
estimate[.]'' CME Group also commented that the Commission's estimate 
of annual costs was low because the incorrect assumptions on economies 
of scale and limited numbers of SDR connections applied to costs as 
well as burden hours. (CME Group Sept. 19, 2016 Letter, at 2-5).\3\ The 
CME Group letter did not address the 200 hour recurring burden for 
changes to PET fields, and the Commission received no other comments on 
the 60 Day Notice.
---------------------------------------------------------------------------

    \3\ The Commission received a comment from Robert Rutkowski on 
Sept. 15, 2016 under this comment file. However, this comment letter 
related to the de minimis report, not the Cleared Swap Reporting 
Release or PRA Notice.
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    Burden Statement: Based on the comment letter received in response 
to the 60 Day Notice, the Commission is revising its estimate of the 
burden for this collection by increasing the estimated costs associated 
with the termination of original swaps by 50 percent. The Commission is 
not revising the burden estimate association with additional and 
amended PET fields.
    Below are tables indicating the increase in burden hours and costs 
above those in the current collection 3038-0096:

[[Page 74410]]



                                        Additional and Amended PET Fields
                                           [Same as in 60 day notice]
----------------------------------------------------------------------------------------------------------------
           Affected entities                 SDRs, SEFs, DCMs, DCOs, SD/MSPs, non-SD/MSP reporting entities
----------------------------------------------------------------------------------------------------------------
                                                                      Number of
              Burden type                 Burden per respondent      respondents            Total burden
----------------------------------------------------------------------------------------------------------------
Annual hours burden...................  200 hours................             449  89,800 hours.
Annual costs..........................  $0.......................             449  $0.
----------------------------------------------------------------------------------------------------------------


                                          Termination of Original Swaps
                                      [Increased by 50% from 60 day notice]
----------------------------------------------------------------------------------------------------------------
           Affected entities                                              DCOs
----------------------------------------------------------------------------------------------------------------
                                                                      Number of
              Burden type                 Burden per respondent      respondents            Total burden
----------------------------------------------------------------------------------------------------------------
One-time hours burden.................  4,500 hours..............              12  54,000 hours.
Annual costs..........................  $375,000.................              12  $4,500,000.
----------------------------------------------------------------------------------------------------------------

Increases in Hours Burdens and New Total Hours Burden

    Based on an increase in annual burden hours of 89,800, Commission 
staff estimate that the revised aggreagate total annual time burden for 
the collection is 562,945 hours.

Increases in Aggregate Costs

    There are three components to the aggregate increase in annual 
costs associated with this revision, (a) costs associated with changes 
to reporting systems, to be incurred by 449 entities; (b) annualized 
costs associated with establishing SDR connections by DCOs; and (c) 
costs associated with maintaining SDR connections by DCOs.
    First, the Commission estimates that the costs associated with 
additional and amended PET fields will be $15,196 per entity (200 hours 
x $75.98 per hour).\4\ The aggregate increase across all 449 reporting 
entities and SDRs for the additional and amended PET fields is 
therefore $6,823,004.
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    \4\ In calculating the cost figures associated with burden 
hours, the Commission estimated the appropriate wage rate based on 
salary information for the securities industry compiled by the 
Securities Industry and Financial Markets Association (``SIFMA''). 
Commission staff arrived at an hourly rate of $75.98 using figures 
from a weighted average of salaries and bonuses across different 
professions from the SIFMA Report on Management & Professional 
Earnings in the Securities Industry 2013, modified to account for an 
1800-hour work-year and multiplied by 1.3 to account for overhead 
and other benefits. The Commission estimated appropriate wage rate 
is a weighted national average of salary and bonuses for 
professionals with the following titles (and their relative weight): 
``programmer (senior)'' (30% weight); ``programmer'' (30%); 
``compliance advisor (intermediate)'' (20%); ``systems analyst'' 
(10%), and ``assistant/associate general counsel'' (10%).
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    Second, the Commission estimates that DCO to SDR connections will 
require each DCO to incur a one-time start-up cost of $341,910 (4,500 
hours x $75.98 per hour). The Commission estimates that DCOs will use 
these connections for 20 years, and therefore the annualized start-up 
cost for SDR connections will be $17,095 per DCO. Based on 12 DCOs, the 
aggregate annualized start-up cost for SDR connections will be 
$205,146.
    Third, DCOs will incur an aggregate annual cost of $4,500,000 to 
maintain those SDR connections.
    By combining these three components, the aggregate increase to 
annual costs associated with this collection will be $11,528,150.

Total Aggregate Costs

    Commission staff estimate that the revised aggregate total annual 
cost for the collection is $99,462,062. The burden estimate represents 
the burden that SDRs, swap execution facilities (``SEFs''), designated 
contract markets (``DCMs''), DCOs, swap dealers (``SDs''), major swap 
participants (``MSPs''), and non-SD/MSP swap counterparties incur to 
operate and maintain swap recordkeeping and reporting systems to 
facilitate the recordkeeping and reporting of swaps.
    Respondents/Affected Entities: SDRs, SEFs, DCMs, DCOs, SDs, MSPs, 
and non-SD/MSP swap counterparties.
    Estimated Number of Respondents: 30,210.
    Estimated Total Annual Burden on Respondents: 562,945 hours.
    Estimated Total Annual Cost: $99,462,062.
    Frequency of Collection: Ongoing.

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

    Dated: October 21, 2016.
Robert N. Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2016-25925 Filed 10-25-16; 8:45 am]
 BILLING CODE 6351-01-P



                                                    74408                     Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices

                                                    collections, as required by the                         permanently removing them from the                    August 1 through September 30 by mail,
                                                    Paperwork Reduction Act of 1995. This                   fishery.                                              fax, or email.
                                                    action proposes to revise and extend                       NMFS collects annual application
                                                                                                            forms from Lobster permit holders who                 III. Data
                                                    information collection for the American
                                                    lobster fishery Trap Transfer Program.                  wish to buy and/or sell Area 2, 3, or                    OMB Control Number: 0648–0673.
                                                                                                            Outer Cape trap allocation through the                   Form Number(s): None.
                                                    DATES: Written comments must be
                                                                                                            Trap Transfer Program. The transfer                      Type of Review: Regular submission
                                                    submitted on or before December 27,
                                                                                                            applications are only accepted during a               (revision and extension of a current
                                                    2016.
                                                                                                            2-month period (from August 1 through                 information collection).
                                                    ADDRESSES:    Direct all written comments               September 30) each year, and the                         Affected Public: Businesses or other
                                                    to Jennifer Jessup, Departmental                        revised allocations for each                          for-profit organizations; Individuals or
                                                    Paperwork Clearance Officer,                            participating lobster permit resulting                households; Federal government; and
                                                    Department of Commerce, Room 6616,                      from the transfers become effective at                State, Local, or Tribal government.
                                                    14th and Constitution Avenue NW.,                       the start of the following Federal lobster               Estimated Number of Respondents:
                                                    Washington, DC 20230 (or via the                        fishing year, on May 1. Both the seller               102.
                                                    Internet at JJessup@doc.gov).                           and buyer of the traps are required to                   Estimated Time per Response: 10
                                                    FOR FURTHER INFORMATION CONTACT:                        sign the application form, which                      minutes.
                                                                                                            includes each permit holder’s permit                     Estimated Total Annual Burden
                                                    Requests for additional information or
                                                                                                            and vessel information, the number of                 Hours: 17.
                                                    copies of the information collection
                                                                                                            traps sold, and the revised number of                    Estimated Total Annual Cost to
                                                    instrument and instructions should be
                                                                                                            traps received by the buyer, inclusive of             Public: $573.24 in reporting/
                                                    directed to Peter Burns, Fishery Policy
                                                                                                            the amount removed according to the                   recordkeeping costs.
                                                    Analyst, NMFS, Greater Atlantic
                                                    Regional Fisheries Office, 55 Great                     transfer tax. Both parties must sign the              IV. Request for Comments
                                                    Republic Drive, Gloucester, MA 01930;                   form as an agreement to the number of
                                                                                                            traps in the transfer. The parties must                  Comments are invited on: (a) Whether
                                                    (978) 281–9144, Peter.burns@noaa.gov.                                                                         the proposed collection of information
                                                                                                            date the document and clearly show
                                                    SUPPLEMENTARY INFORMATION:                                                                                    is necessary for the proper performance
                                                                                                            that the transferring permit holder has
                                                    I. Abstract                                             sufficient allocation to transfer and the             of the functions of the agency, including
                                                                                                            permit holder receiving the traps has                 whether the information shall have
                                                       This is a request for revision and                                                                         practical utility; (b) the accuracy of the
                                                                                                            sufficient room under any applicable
                                                    extension of a currently approved                                                                             agency’s estimate of the burden
                                                                                                            trap cap. This information allows NMFS
                                                    information collection.                                                                                       (including hours and cost) of the
                                                                                                            to process and track transfers of lobster
                                                       The American lobster resource and                    trap allocations through the Trap                     proposed collection of information; (c)
                                                    fishery are cooperatively managed by                    Transfer Program, and better enables the              ways to enhance the quality, utility, and
                                                    the states and NMFS under the                           monitoring and management of the                      clarity of the information to be
                                                    authority of the Atlantic Coastal                       American lobster fishery as a whole.                  collected; and (d) ways to minimize the
                                                    Fisheries Cooperative Management Act,                      Originally, this collection was part of            burden of the collection of information
                                                    according to the framework set forth by                 a new rulemaking action, and included                 on respondents, including through the
                                                    the Atlantic States Marine Fisheries                    efforts to obtain information from                    use of automated collection techniques
                                                    Commission (ASMFC) in Amendment 3                       American lobster permit holders to                    or other forms of information
                                                    of its Interstate Fishery Management                    implement a limited access permit                     technology.
                                                    Plan (ISFMP). This collection of                        program. NMFS used the information to                    Comments submitted in response to
                                                    information is in response to several                   qualify permit holders for participation              this notice will be summarized and/or
                                                    addenda to Amendment 3 of the ISFMP                     in Area 2 and/or the Outer Cape Area,                 included in the request for OMB
                                                    that work to reduce trap fishing effort                 and to allocate traps to each qualified               approval of this information collection;
                                                    through limited entry fishing and trap                  permit. This limited access portion of                they also will become a matter of public
                                                    allocation limit reductions. This                       the collection is complete and no longer              record.
                                                    program is intended to help control                     necessary, so a revision is requested to                Dated: October 21, 2016.
                                                    fishing efforts while increasing                        remove it from the collection. Also, now              Sarah Brabson,
                                                    economic flexibility in the American                    that the Trap Transfer Program has been               NOAA PRA Clearance Officer.
                                                    lobster trap fishery.                                   in place for two years, NMFS can better               [FR Doc. 2016–25844 Filed 10–25–16; 8:45 am]
                                                       Currently, Federal lobster permit                    estimate the number of applicants/
                                                    holders qualified to fish with trap gear                                                                      BILLING CODE 3510–22–P
                                                                                                            respondents and have made a minor
                                                    in Lobster Conservation Management                      revision to the burden. The initial
                                                    Areas 2 and 3 are undergoing scheduled                  estimate of 432 respondents with 216
                                                    annual trap allocation reductions of 5                  two-party transaction responses was                   COMMODITY FUTURES TRADING
                                                    percent per year until 2021 (Area 2) and                nearly double what was actually                       COMMISSION
                                                    2020 (Area 3). In 2015, in an effort to                 received through the Trap Transfer
                                                    help mitigate the initial economic                                                                            Agency Information Collection
                                                                                                            Program in the first two years; with                  Activities Under OMB Review
                                                    burden of these reductions, NMFS and                    fewer permit holders participating in
                                                    state agencies implemented the Lobster
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                                                                                                            the program overall, and/or completing                AGENCY: Commodity Futures Trading
                                                    Trap Transfer Program that allows all                   multiple transactions between their own               Commission.
                                                    qualified Federal lobster permit holders                permits. Adjusted estimates of                        ACTION: Notice.
                                                    to buy and sell trap allocation from                    respondents, total burden hours, and
                                                    Areas 2, 3, or Outer Cape Cod. Each                     costs are noted below in Section III.                 SUMMARY:    In compliance with the
                                                    transaction includes a conservation tax                                                                       Paperwork Reduction Act of 1995
                                                    of 10 percent, which deducts a number                   II. Method of Collection                              (‘‘PRA’’), this notice announces that the
                                                    of traps equal to 10 percent of the total                  Applications for the Trap Transfer                 Information Collection Request (‘‘ICR’’)
                                                    number of traps with each transfer,                     Program are accepted annually from                    abstracted below has been forwarded to


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                                                                              Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices                                                  74409

                                                    the Office of Management and Budget                        Title: Revised Collection, Comment                   The Commission received one
                                                    (‘‘OMB’’) for review and comment. The                   Request: Amendments to Swap Data                      comment letter in response to the 60
                                                    ICR describes the nature of the                         Recordkeeping and Reporting                           Day Notice. CME Group commented
                                                    information collection and its expected                 Requirements for Cleared Swaps, Final                 that the Commission’s assumptions
                                                    costs and burden.                                       Rule (OMB Control No. 3038–0096).                     relating to economies of scale for
                                                    DATES: Comments must be submitted on                    This is a request for a revision to a                 connections to more than one SDR were
                                                    or before November 25, 2016.                            currently approved information                        erroneous. CME Group also commented
                                                                                                            collection.                                           that the Commission’s assumption that
                                                    ADDRESSES:   Comments regarding the                        Abstract: The Commission recently                  DCOs would not need to connect to
                                                    burden estimated or any other aspect of                 adopted a final rule regarding the                    every SDR because not every SDR
                                                    the information collection, including                   reporting of cleared swap transactions                accepted every asset class of swaps was
                                                    suggestions for reducing the burden,                    (the ‘‘Cleared Swap Reporting                         erroneous, because only the equities
                                                    may be submitted directly to the Office                 Release’’),1 which will require entities              asset class was accepted by fewer than
                                                    of Information and Regulatory Affairs in                reporting swaps to report certain                     four SDRs. While not providing a
                                                    OMB, within 30 days of publication of                   additional data elements. This Cleared                specific number of burden hours
                                                    the notice, by email at                                 Swap Reporting Release will also                      associated with the Cleared Swap
                                                    OIRAsubmissions@omb.eop.gov. Please                     require registered derivatives clearing               Reporting Release, CME Group
                                                    identify the comments by OMB Control                    organizations (‘‘DCOs’’) to terminate                 estimated that the build to comply with
                                                    No. 3038–0096. Please provide the                       ‘‘original swaps’’ (as defined in that                the rule would be ‘‘almost 50% above
                                                    Commission with a copy of all                           final rule), which may require DCOs to                the Commission’s estimate[.]’’ CME
                                                    submitted comments at the address                       connect to multiple registered swap data              Group also commented that the
                                                    listed below. Please refer to OMB                       repositories (‘‘SDRs’’). An agency may                Commission’s estimate of annual costs
                                                    Reference No. 3038–0096, found on                       not conduct or sponsor, and a person is               was low because the incorrect
                                                    http://reginfo.gov. Comments may also                   not required to respond to, a collection              assumptions on economies of scale and
                                                    be mailed to the Office of Information                  of information unless it displays a                   limited numbers of SDR connections
                                                    and Regulatory Affairs, Office of                       currently valid OMB control number.                   applied to costs as well as burden hours.
                                                    Management and Budget, Attention:                       The Federal Register notice with a 60-                (CME Group Sept. 19, 2016 Letter, at 2–
                                                    Desk Officer for the Commodity Futures                  day comment period soliciting                         5).3 The CME Group letter did not
                                                    Trading Commission, 725 17th Street                     comments on this collection of                        address the 200 hour recurring burden
                                                    NW., Washington, DC 20503, and to the                   information (‘‘60 Day Notice’’),                      for changes to PET fields, and the
                                                    Commission through its Web site at                      implicated by the requirements of the                 Commission received no other
                                                    http://comments.cftc.gov. Follow the                    Cleared Swap Reporting Release, was                   comments on the 60 Day Notice.
                                                    instructions for submitting comments                    published on July 21, 2016 (81 FR                       Burden Statement: Based on the
                                                    through the Web site.                                   47362). The 60 Day Notice included a                  comment letter received in response to
                                                       Comments may also be mailed to:                      burden estimate for (a) DCOs to connect               the 60 Day Notice, the Commission is
                                                    Christopher Kirkpatrick, Secretary of the               to SDRs for purposes of terminating                   revising its estimate of the burden for
                                                    Commission, Commodity Futures                           original swaps, estimated to require a                this collection by increasing the
                                                    Trading Commission, Three Lafayette                     one-time hours burden of 3,000 per DCO                estimated costs associated with the
                                                    Centre, 1155 21st Street NW.,                           and a recurring annual cost of $250,000;              termination of original swaps by 50
                                                    Washington, DC 20581, or by Hand                        and (b) changes to reporting systems by               percent. The Commission is not revising
                                                    Delivery/Courier at the same address.                   all reporting entities and SDRs to                    the burden estimate association with
                                                       A copy of the supporting statements                  account for additional and amended                    additional and amended PET fields.
                                                    for the collection of information                       primary economic terms (‘‘PET’’) data                   Below are tables indicating the
                                                    discussed above may be obtained by                      fields in the Cleared Swap Reporting                  increase in burden hours and costs
                                                    visiting http://regInfo.gov. All                        Release and future changes required by                above those in the current collection
                                                    comments must be submitted in                           changes to PET fields and developments                3038–0096:
                                                    English, or if not, accompanied by an                   in the swaps market, estimated as a
                                                    English translation. Comments will be                   recurring burden of 200 hours per year.2              entities had submitted SDR applications. Two
                                                    posted as received to http://                                                                                 withdrew applications in 2012 and 2014. One
                                                                                                              1 See Amendments to Swap Data Recordkeeping         (GTR) withdrew its application and resubmitted
                                                    www.cftc.gov.
                                                                                                            and Reporting Requirements for Cleared Swaps,         under the corporate entity DTCC Data Repository
                                                    FOR FURTHER INFORMATION CONTACT:                        Final Rule, 81 FR 41736 (June 27, 2016).              (US) LLC, which currently operates as a
                                                                                                              2 While not connected to the Cleared Swap           provisionally registered SDR. As the Commission
                                                    Andrew Ridenour, Special Counsel,
                                                                                                            Reporting Release, the Commission also proposed       has not received any SDR applications since 2012,
                                                    (202) 418–5438, aridenour@cftc.gov, or                  in the 60 Day Notice to reduce the number of SDRs     the Commission believes that four is a reasonable
                                                    Owen Kopon, Attorney-Advisor, (202)                     in collection 3038–0096 from 15 to 4. When            number of SDRs for calculating PRA burdens.
                                                    418–5360, okopon@cftc.gov, Division of                  submitting the original OMB information collection      3 The Commission received a comment from

                                                    Market Oversight, and refer to OMB                      for part 45 reporting, the Commission had assumed     Robert Rutkowski on Sept. 15, 2016 under this
                                                    Control No. 3038–0096.                                  that up to 15 entities would register as SDRs.        comment file. However, this comment letter related
                                                                                                            Currently, there are four SDRs provisionally          to the de minimis report, not the Cleared Swap
                                                    SUPPLEMENTARY INFORMATION:                              registered with the Commission. Three other           Reporting Release or PRA Notice.
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                                                    74410                             Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices

                                                                                                                          ADDITIONAL AND AMENDED PET FIELDS
                                                                                                                                           [Same as in 60 day notice]

                                                                              Affected entities                                                     SDRs, SEFs, DCMs, DCOs, SD/MSPs, non-SD/MSP reporting entities

                                                                                                                                                                                                                             Number of
                                                                                 Burden type                                                                 Burden per respondent                                                          Total burden
                                                                                                                                                                                                                            respondents

                                                    Annual hours burden ...................................................           200 hours ....................................................................                449    89,800 hours.
                                                    Annual costs ................................................................     $0 ................................................................................           449    $0.


                                                                                                                               TERMINATION OF ORIGINAL SWAPS
                                                                                                                                [Increased by 50% from 60 day notice]

                                                                              Affected entities                                                                                                       DCOs

                                                                                                                                                                                                                             Number of
                                                                                 Burden type                                                                 Burden per respondent                                                          Total burden
                                                                                                                                                                                                                            respondents

                                                    One-time hours burden ...............................................             4,500 hours .................................................................                   12   54,000 hours.
                                                    Annual costs ................................................................     $375,000 .....................................................................                  12   $4,500,000.



                                                    Increases in Hours Burdens and New                                    start-up cost of $341,910 (4,500 hours x                                        Dated: October 21, 2016.
                                                    Total Hours Burden                                                    $75.98 per hour). The Commission                                              Robert N. Sidman,
                                                      Based on an increase in annual                                      estimates that DCOs will use these                                            Deputy Secretary of the Commission.
                                                    burden hours of 89,800, Commission                                    connections for 20 years, and therefore                                       [FR Doc. 2016–25925 Filed 10–25–16; 8:45 am]
                                                    staff estimate that the revised aggreagate                            the annualized start-up cost for SDR                                          BILLING CODE 6351–01–P
                                                    total annual time burden for the                                      connections will be $17,095 per DCO.
                                                    collection is 562,945 hours.                                          Based on 12 DCOs, the aggregate
                                                                                                                          annualized start-up cost for SDR
                                                    Increases in Aggregate Costs                                                                                                                        BUREAU OF CONSUMER FINANCIAL
                                                                                                                          connections will be $205,146.
                                                      There are three components to the                                                                                                                 PROTECTION
                                                    aggregate increase in annual costs                                      Third, DCOs will incur an aggregate
                                                    associated with this revision, (a) costs                              annual cost of $4,500,000 to maintain                                         Compliance Bulletin and Policy
                                                    associated with changes to reporting                                  those SDR connections.                                                        Guidance; 2016–02, Service Providers
                                                    systems, to be incurred by 449 entities;                                By combining these three
                                                    (b) annualized costs associated with                                  components, the aggregate increase to                                         AGENCY:  Bureau of Consumer Financial
                                                    establishing SDR connections by DCOs;                                 annual costs associated with this                                             Protection.
                                                    and (c) costs associated with                                         collection will be $11,528,150.                                               ACTION: Compliance bulletin and policy
                                                    maintaining SDR connections by DCOs.                                                                                                                guidance.
                                                      First, the Commission estimates that                                Total Aggregate Costs
                                                    the costs associated with additional and                                                                                                            SUMMARY:    The Bureau is reissuing its
                                                    amended PET fields will be $15,196 per                                   Commission staff estimate that the
                                                                                                                                                                                                        guidance on service providers, formerly
                                                    entity (200 hours × $75.98 per hour).4                                revised aggregate total annual cost for                                       titled CFPB Bulletin 2012–03, Service
                                                    The aggregate increase across all 449                                 the collection is $99,462,062. The                                            Providers to clarify that the depth and
                                                    reporting entities and SDRs for the                                   burden estimate represents the burden                                         formality of the risk management
                                                    additional and amended PET fields is                                  that SDRs, swap execution facilities                                          program for service providers may vary
                                                    therefore $6,823,004.                                                 (‘‘SEFs’’), designated contract markets                                       depending upon the service being
                                                      Second, the Commission estimates                                    (‘‘DCMs’’), DCOs, swap dealers (‘‘SDs’’),                                     performed—its size, scope, complexity,
                                                    that DCO to SDR connections will                                      major swap participants (‘‘MSPs’’), and                                       importance and potential for consumer
                                                    require each DCO to incur a one-time                                  non-SD/MSP swap counterparties incur                                          harm—and the performance of the
                                                                                                                          to operate and maintain swap                                                  service provider in carrying out its
                                                       4 In calculating the cost figures associated with                  recordkeeping and reporting systems to                                        activities in compliance with Federal
                                                    burden hours, the Commission estimated the                            facilitate the recordkeeping and
                                                    appropriate wage rate based on salary information
                                                                                                                                                                                                        consumer financial laws and
                                                    for the securities industry compiled by the                           reporting of swaps.                                                           regulations. This amendment is needed
                                                    Securities Industry and Financial Markets                                Respondents/Affected Entities: SDRs,                                       to clarify that supervised entities have
                                                    Association (‘‘SIFMA’’). Commission staff arrived at                                                                                                flexibility and to allow appropriate risk
                                                    an hourly rate of $75.98 using figures from a
                                                                                                                          SEFs, DCMs, DCOs, SDs, MSPs, and
                                                    weighted average of salaries and bonuses across                       non-SD/MSP swap counterparties.                                               management.
                                                    different professions from the SIFMA Report on
                                                                                                                             Estimated Number of Respondents:                                           DATES: The Bureau released this
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Management & Professional Earnings in the                                                                                                           Compliance Bulletin and Policy
                                                    Securities Industry 2013, modified to account for an                  30,210.
                                                    1800-hour work-year and multiplied by 1.3 to                                                                                                        Guidance on its Web site on October 31,
                                                                                                                             Estimated Total Annual Burden on                                           2016.
                                                    account for overhead and other benefits. The
                                                    Commission estimated appropriate wage rate is a                       Respondents: 562,945 hours.
                                                    weighted national average of salary and bonuses for                                                                                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                                             Estimated Total Annual Cost:                                               Suzanne McQueen, Attorney Adviser,
                                                    professionals with the following titles (and their
                                                    relative weight): ‘‘programmer (senior)’’ (30%                        $99,462,062.                                                                  Office of Supervision Policy, 1700 G
                                                    weight); ‘‘programmer’’ (30%); ‘‘compliance advisor                      Frequency of Collection: Ongoing.                                          Street NW., 20552, 202–435–7439.
                                                    (intermediate)’’ (20%); ‘‘systems analyst’’ (10%),
                                                    and ‘‘assistant/associate general counsel’’ (10%).                    (Authority: 44 U.S.C. 3501 et seq.)                                           SUPPLEMENTARY INFORMATION:



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Document Created: 2016-10-26 02:17:10
Document Modified: 2016-10-26 02:17:10
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 November 25, 2016.
ContactAndrew Ridenour, Special Counsel, (202) 418-5438, [email protected], or Owen Kopon, Attorney-Advisor, (202) 418-5360, [email protected], Division of Market Oversight, and refer to OMB Control No. 3038-0096.
FR Citation81 FR 74408 

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