82 FR 32345 - Agency Information Collection Activities Under OMB Review

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 82, Issue 133 (July 13, 2017)

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 82, Number 133 (Thursday, July 13, 2017)]
[Notices]
[Pages 32345-32346]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14647]


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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 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 August 14, 2017.

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 (OIRA) in OMB, within 30 days of the notice's 
publication, by email at [email protected]. Please identify 
the comments by OMB Control No. 3038-0070. Please provide the 
Commission with a copy of all submitted documents at the address listed 
below. Please refer to OMB Control No. 3038-0070, 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. You may also submit comments, 
identified by ``Renewal of Collection Pertaining to Real-Time Public 
Reporting and Block Trade,'' to the Commission 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.
    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: John W. Dunfee, Assistant General 
Counsel, Office of General Counsel, Commodity Futures Trading 
Commission, (202) 418-5396; email: [email protected], and refer to OMB 
Control No. 3038-0070.

SUPPLEMENTARY INFORMATION: 
    Title: Real-Time Public Reporting and Block Trade (OMB Control No. 
3038-0070). This is a request for extension of currently approved 
information collections.
    Abstract: Title VII of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act (Dodd-Frank Act) added to the Commodity 
Exchange Act (CEA) new section 2(a)(13), which establishes standards 
and requirements related to real-time reporting and the public 
availability of swap transaction and pricing data. Section 2(a)(13) and 
part 43 of the Commission's Regulations require reporting parties to 
publish real-time swap transactions and pricing data to the general 
public. Without the frequency of reporting set forth in part 43, the 
Commission would not be able to adequately assess the swap markets and, 
more importantly, would fail to achieve the frequency of reporting and 
promotion of increased price discovery in the swaps market which are 
mandated by the Dodd-Frank Act.
    Burden Statement: Part 43 of the Commission's regulations results 
in three information collection requirements within the meaning of the 
PRA.\1\ The first collection of information requirement under part 43 
imposes a reporting requirement on registered swap execution facilities 
(``SEFs'') or designated contract markets (``DCMs'') when a swap is 
executed on a trading facility or on the parties to a swap transaction 
when the swap is executed bilaterally. The second collection of 
information requirement under part 43 of the Commission's regulations 
creates a public dissemination requirement on registered swap data 
repositories (``SDRs''). The third collection of information 
requirement imposes a recordkeeping requirement for SEFs, DCMs, SDRs 
and any reporting party (as such term is defined in part 43 of the 
Commission's regulations).
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    \1\ See 77 FR 1182, 1229; 78 FR 32866, 32913.
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    The Commission notes that rather than the initial estimate of 40 
SEFs, there currently are 25 SEFs either registered with the Commission 
or with registration pending.\2\ The Commission notes that rather than 
the initial estimate of 18 DCMs, there currently are 15 DCMs registered 
with the Commission.\3\ The Commission notes that rather than the 
initial estimate of 15 SDRs, there currently are 4 SDRs registered with 
the Commission.\4\ Based on the experience gained by the Commission 
with regard to SDRs, the Commission estimates that rather than the 
initial estimate of 750 reporting parties who are not swap dealers 
(``SDs'') or major swap participants (``MSPs''), and who contract with 
third parties to satisfy their reporting obligations, there are 496 
such reporting

[[Page 32346]]

parties.\5\ The Commission estimates that rather than the initial 
estimate of 250 reporting parties who are not swap dealers (``SDs'') or 
major swap participants (``MSPs''), and who satisfy their reporting 
obligations themselves, there are 207 such reporting parties.\6\ The 
burden hours for each entity category based upon these new estimates 
are noted in the applicable table below.
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    \2\ See 77 FR at 1229.
    \3\ See 77 FR at 1229.
    \4\ See 77 FR at 1230.
    \5\ See 77 FR at 1230.
    \6\ See 77 FR at 1230.

                 Recurring Annual Burden Hours for SEFs
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Respondents/Affected Entities: SEFs.
Estimated number of respondents: 25.
Estimated total annual burden on respondents: 52,000 hours.\7\
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                 Recurring Annual Burden Hours for SEFs
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Respondents/Affected Entities: DCMs.
Estimated number of respondents: 15.
Estimated total annual burden on respondents: 31,200 hours.\8\
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                 Recurring Annual Burden Hours for SDRs
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Respondents/Affected Entities: SDRs.
Estimated number of respondents: 4.
Estimated total annual burden on respondents: 27,600 hours.\9\
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     Recurring Annual Burden Hours for Non SD/MSPs Using Third Party
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Respondents/Affected Entities: Non SD/MSPs Using Third Party.
Estimated number of respondents: 496.
Estimated total annual burden on respondents: 10,912 hours.\10\
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   Recurring Annual Burden Hours for Non SD/MSPs Reporting Themselves
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Respondents/Affected Entities: Non SD/MSPs Reporting Themselves.
Estimated number of respondents: 207.
Estimated total annual burden on respondents: 139,932 hours.\11\
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    \7\ 2,080 average recurring burden hours per respondent SEF x 25 
registered SEFs = 52,000 total burden hours for all registered SEFs.
    \8\ 2,080 average recurring burden hours per respondent DCM x 15 
registered DCMs = 31,200 total burden hours for all registered DCMs.
    \9\ 6,900 average recurring burden hours per respondent SDR x 4 
registered SDRs = 27,600 total burden hours for all registered SDRs.
    \10\ 22 average recurring burden hours per respondent x 496 
respondents = 10,912 total burden hours for all respondents.
    \11\ 676 average recurring burden hours per respondent x 207 
respondents = 139,932 total burden hours for all respondents.
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    In addition to the above burden hours for compliance with part 43 
obligations generally, the Commission determined that certain market 
participants would incur burden hours associated with the masking of 
the geographic detail of the underlying assets to a swap in the other 
commodity asset class, and with the election to have a swap transaction 
treated as a block trade or large notional off-facility swap.\12\ The 
Commission initially estimated that respondent SDRs would incur an 
aggregate of 833 annual burden hours in connection with the masking of 
geographic detail of the underlying assets to a swap in the other 
commodity asset class.\13\ Based on the Commission's observation of 
registered SDRs' operations and compliance with part 43's requirements, 
the Commission is increasing this estimate and now estimates that SDRs 
will incur an aggregate of 3,307 annual burden hours in connection with 
the masking of geographic detail of the underlying assets to a swap in 
the other commodity asset class.\14\
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    \12\ See 78 FR 32866, 32913.
    \13\ See 78 FR 32866, 32915 (50,000 other commodity swaps with 
masked locations x 0.0167 hours (one minute) of burden per response 
= 833 total burden hours).
    \14\ 198,022 other commodity swaps with masked locations x 
0.0167 hours (one minute) of burden per response = 3,307 total 
annual burden hours.
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    The Commission initially estimated that market participants would 
incur an aggregate of 2,167 annual burden hours in connection with the 
election to have a swap transaction treated as a block trade.\15\ Based 
on the Commission's observation of market participants' compliance with 
part 43's requirements, the Commission is increasing this estimate and 
now estimates that market participants will incur an aggregate of 3,648 
annual burden hours in connection with the election to have a swap 
transaction treated as a block trade.\16\
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    \15\ See 78 FR 32866, 32913-14 (125,000 elections by SDs/MSPs + 
5,000 elections by nonSDs/MSPs = 130,000 total annual elections. 
130,000 elections x 0.0167 hours (one minute) of burden per response 
= 2,167 total annual burden hours).
    \16\ 218,428 block trades x 0.0167 hours (one minute) of burden 
per response = 3,648 total annual burden hours.
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    The Commission initially estimated that market participants would 
incur an aggregate of 2,255 annual burden hours in connection with the 
election to have a swap transaction treated as a large notional off-
facility swap.\17\ Based on the Commission's observation of market 
participants' compliance with part 43's requirements, the Commission is 
increasing this estimate and now estimates that market participants 
will incur an aggregate of 77,230 annual burden hours in connection 
with the election to have a swap transaction treated as a large 
notional off-facility swap.\18\
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    \17\ See 78 FR 32866, 32914 (62,500 elections by SDs/MSPs + 
5,000 elections by nonSDs/MSPs = 63,000 total annual elections. 
67,500 elections x 0.0334 hours (two minutes) of burden per response 
= 2,255 total annual burden hours).
    \18\ 2,312,265 large notional off-facility swaps x 0.0334 hours 
(two minutes) of burden per response = 77,230 total annual burden 
hours.

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

    Dated: July 7, 2017.
Robert N. Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2017-14647 Filed 7-12-17; 8:45 am]
 BILLING CODE 6351-01-P