83 FR 39991 - Agency Information Collection Activities: Notice of Intent To Extend Collection 3038-0085: Rule 50.50 End-User Notification of Non-Cleared Swap

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 83, Issue 156 (August 13, 2018)

Page Range		39991-39992
FR Document		2018-17337

The Commodity Futures Trading Commission (``CFTC'' or ``Commission'') is announcing an opportunity for public comment on the proposed renewal of a collection of certain information by the agency. Under the Paperwork Reduction Act (PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including proposed extension of an existing collection of information, and to allow 60 days for public comment. This notice solicits comments on the renewal of the reporting requirement that is embedded in the final rule adopting the end-user exception to the Commission's swap clearing requirement.

Federal Register, Volume 83 Issue 156 (Monday, August 13, 2018)

[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Notices]
[Pages 39991-39992]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17337]


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COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities: Notice of Intent To 
Extend Collection 3038-0085: Rule 50.50 End-User Notification of Non-
Cleared Swap

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.

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SUMMARY: The Commodity Futures Trading Commission (``CFTC'' or 
``Commission'') is announcing an opportunity for public comment on the 
proposed renewal of a collection of certain information by the agency. 
Under the Paperwork Reduction Act (PRA), Federal agencies are required 
to publish notice in the Federal Register concerning each proposed 
collection of information, including proposed extension of an existing 
collection of information, and to allow 60 days for public comment. 
This notice solicits comments on the renewal of the reporting 
requirement that is embedded in the final rule adopting the end-user 
exception to the Commission's swap clearing requirement.

DATES: Comments must be submitted on or before October 12, 2018.

[[Page 39992]]


ADDRESSES: You may submit comments, identified by ``OMB Control No. 
3038-0085'' by any of the following methods:
     The Agency's website, at http://comments.cftc.gov/. Follow 
the instructions for submitting comments through the website.
     Mail: Christopher Kirkpatrick, Secretary of the 
Commission, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1155 21st Street NW, Washington, DC 20581.
     Hand Delivery/Courier: Same as Mail above.
    Please submit your comments using only one method. All comments 
must be submitted in English, or if not, accompanied by an English 
translation. Comments will be posted as received to http://www.cftc.gov.

FOR FURTHER INFORMATION CONTACT: Melissa D'Arcy, Special Counsel, 
Division of Clearing and Risk, Commodity Futures Trading Commission, 
(202) 418-5086; email: [email protected].

SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501 et seq., 
Federal agencies must obtain approval from the Office of Management and 
Budget (OMB) for each collection of information they conduct or 
sponsor. ``Collection of Information'' is defined in 44 U.S.C. 3502(3) 
and 5 CFR 1320.3 and includes agency requests or requirements that 
members of the public submit reports, keep records, or provide 
information to a third party. Section 3506(c)(2)(A) of the PRA, 44 
U.S.C. 3506(c)(2)(A), requires Federal agencies to provide a 60-day 
notice in the Federal Register concerning each proposed collection of 
information, including each proposed extension of an existing 
collection of information, before submitting the collection to OMB for 
approval. To comply with this requirement, the CFTC is publishing this 
notice of the proposed extension of the currently approved collection 
of information listed below. An agency may not conduct or sponsor, and 
a person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number.
    Title: Rule 50.50 End-User Notification of Non-Cleared Swap (OMB 
Control No. 3038-0085). This is a request for an extension of a 
currently approved information collection.
    Abstract: Rule 50.50 specifies the requirements for eligible end-
users who elect the end-user exception from the Commission's swap 
clearing requirement, as provided under section 2(h)(7) of the 
Commodity Exchange Act (``CEA''). Rule 50.50 requires the 
counterparties to report certain information to a swap data repository 
registered with the Commission, or to the Commission directly, if one 
or more counterparties elects the end-user exception. The rule 
establishes a reporting requirement that is required in order to ensure 
compliance with the Commission's clearing requirement under section 
2(h)(1) of the CEA and is necessary in order for Commission staff to 
prevent abuse of the end-user exception under section 2(h)(1) of the 
CEA and pursuant to Rule 50.50.
    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.
    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\
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    \1\ 17 CFR 145.9.
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    The Commission reserves the right, but shall have no obligation, to 
review, pre-screen, filter, redact, refuse or remove any or all of your 
submission from 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 ICR 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:
     Collection 3038-0085--Rule 50.50 End-User Notification of 
Non-Cleared Swap (17 CFR 50.50: Exceptions to the Clearing Requirement)
    The Commission is revising its estimate of the burden for this 
collection for eligible end-users electing the end-user exception. The 
Commission is increasing the estimated number of respondents from 1,092 
to 1,815 based on an observed increase in the number of entities 
electing the exception. The respondent burden for this collection is 
estimated to be as follows:
    Estimated Number of Respondents: 1,815.
    Estimated Average Burden Hours per Respondent: 0.58.
    Estimated Total Annual Burden Hours: 1,053.
    Frequency of Collection: On occasion; annually.
    There are no capital costs or operating and maintenance costs 
associated with this collection.

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

    Dated: August 8, 2018.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2018-17337 Filed 8-10-18; 8:45 am]
 BILLING CODE 6351-01-P

Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Notices 39991

• Through the Commission’s website obscene language. All submissions that (2) to retain all promotional material
at http://comments.cftc.gov/. Follow the have been redacted or removed that and the source of authority for
instructions for submitting comments contain comments on the merits of the information contained therein. The
through the website. ICR will be retained in the public purpose of these rules is to ensure that
• By mail addressed to: Christopher comment file and will be considered as customers are advised of the risks of
Kirkpatrick, Secretary of the required under the Administrative trading commodity interests and to
Commission, Commodity Futures Procedure Act and other applicable avoid fraud and misrepresentation. This
Trading Commission, Three Lafayette laws, and may be accessible under the information collection contains the
Centre, 1155 21st Street NW, Freedom of Information Act. recordkeeping and reporting
Washington, DC 20581; or A copy of the supporting statements requirements needed to ensure
• By Hand Delivery/Courier to the for the collection of information regulatory compliance with Commission
same address; or discussed herein may be obtained by rules relating to this issue. The
Please submit your comments using visiting http://RegInfo.gov. disclosure and recordkeeping
only one method. All comments must be requirements are necessary to monitor
FOR FURTHER INFORMATION CONTACT:
submitted in English, or if not, and to verify compliance by FCMs and
Jacob Chachkin, Special Counsel,
accompanied by an English translation. IBs with their obligations concerning
Comments will be posted as received to Division of Swap Dealer and
Intermediary Oversight, Commodity disclosure and promotional material.
http://www.cftc.gov. You should submit
only information that you wish to make Futures Trading Commission, (202) An agency may not conduct or
available publicly. If you wish the 418–5496; email: jchachkin@cftc.gov, sponsor, and a person is not required to
Commission to consider information and refer to OMB Control No. 3038– respond to, a collection of information
that you believe is exempt from 0007. unless it displays a currently valid OMB
disclosure under the Freedom of SUPPLEMENTARY INFORMATION: control number. On June 7, 2018, the
Information Act, a petition for Title: Regulation of Domestic Commission published in the Federal
confidential treatment of the exempt Exchange-Traded Options (OMB Control Register notice of the proposed
information may be submitted according No. 3038–0007). This is a request for extension of this information collection
to the procedures established in § 145.9 extension of a currently approved and provided 60 days for public
of the Commission’s regulations.1 The information collection. comment on the proposed extension, 83
Commission reserves the right, but shall Abstract: The rules require futures FR 26437 (‘‘60-Day Notice’’). The
have no obligation, to review, pre- commission merchants (FCMs) and Commission did not receive any
screen, filter, redact, refuse or remove introducing brokers (IBs): (1) To provide comments on the 60-Day Notice.
any or all of your submission from their customers with standard risk Burden Statement: The Commission
http://www.cftc.gov that it may deem to disclosure statements concerning the estimates the burden of this collection
be inappropriate for publication, such as risk of trading commodity interests; and of information as follows:

ESTIMATED ANNUAL REPORTING BURDEN
Estimated Estimated Estimated total
Reports
number of average number of
annually Total annual
Regulation respondents or number of hours of
by each responses
recordkeepers hours per annual burden
respondent
per year response in fiscal year

Reporting:
33.7—(Risk disclosure) ................................................. 1,272.00 115.00 146,280.00 0.08 11,702.40
Recordkeeping:
33.8—(Retention of promotional material) ................... 1,272.00 1.00 1,272.00 25.00 31,800.00

Grand total (reporting and recordkeeping) ............ ........................ ........................ 147,552.00 ........................ 43,502.40

There are no capital costs or operating COMMODITY FUTURES TRADING Under the Paperwork Reduction Act
and maintenance costs associated with COMMISSION (PRA), Federal agencies are required to
this collection. publish notice in the Federal Register
Agency Information Collection concerning each proposed collection of
(Authority: 44 U.S.C. 3501 et seq.) Activities: Notice of Intent To Extend information, including proposed
Dated: August 8, 2018. Collection 3038–0085: Rule 50.50 End- extension of an existing collection of
Christopher Kirkpatrick, User Notification of Non-Cleared Swap information, and to allow 60 days for
Secretary of the Commission. AGENCY: Commodity Futures Trading public comment. This notice solicits
[FR Doc. 2018–17334 Filed 8–10–18; 8:45 am] Commission. comments on the renewal of the
BILLING CODE 6351–01–P ACTION: Notice. reporting requirement that is embedded
in the final rule adopting the end-user
sradovich on DSK3GMQ082PROD with NOTICES

SUMMARY: The Commodity Futures exception to the Commission’s swap
Trading Commission (‘‘CFTC’’ or clearing requirement.
‘‘Commission’’) is announcing an
opportunity for public comment on the DATES: Comments must be submitted on
proposed renewal of a collection of or before October 12, 2018.
certain information by the agency.

1 17 CFR 145.9.

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39992 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Notices

ADDRESSES: You may submit comments, (‘‘CEA’’). Rule 50.50 requires the Swap (17 CFR 50.50: Exceptions to the
identified by ‘‘OMB Control No. 3038– counterparties to report certain Clearing Requirement)
0085’’ by any of the following methods: information to a swap data repository The Commission is revising its
• The Agency’s website, at http:// registered with the Commission, or to estimate of the burden for this collection
comments.cftc.gov/. Follow the the Commission directly, if one or more for eligible end-users electing the end-
instructions for submitting comments counterparties elects the end-user user exception. The Commission is
through the website. exception. The rule establishes a increasing the estimated number of
• Mail: Christopher Kirkpatrick, reporting requirement that is required in respondents from 1,092 to 1,815 based
Secretary of the Commission, order to ensure compliance with the on an observed increase in the number
Commodity Futures Trading Commission’s clearing requirement of entities electing the exception. The
Commission, Three Lafayette Centre, under section 2(h)(1) of the CEA and is respondent burden for this collection is
1155 21st Street NW, Washington, DC necessary in order for Commission staff estimated to be as follows:
20581. to prevent abuse of the end-user Estimated Number of Respondents:
• Hand Delivery/Courier: Same as exception under section 2(h)(1) of the 1,815.
Mail above. CEA and pursuant to Rule 50.50. Estimated Average Burden Hours per
Please submit your comments using With respect to the collection of Respondent: 0.58.
only one method. All comments must be information, the CFTC invites Estimated Total Annual Burden
submitted in English, or if not, comments on: Hours: 1,053.
accompanied by an English translation. • Whether the proposed collection of Frequency of Collection: On occasion;
Comments will be posted as received to information is necessary for the proper annually.
http://www.cftc.gov. performance of the functions of the There are no capital costs or operating
FOR FURTHER INFORMATION CONTACT: Commission, including whether the and maintenance costs associated with
Melissa D’Arcy, Special Counsel, information will have a practical use; this collection.
Division of Clearing and Risk, • The accuracy of the Commission’s (Authority: 44 U.S.C. 3501 et seq.)
Commodity Futures Trading estimate of the burden of the proposed
collection of information, including the Dated: August 8, 2018.
Commission, (202) 418–5086; email: Christopher Kirkpatrick,
mdarcy@cftc.gov. validity of the methodology and
assumptions used; Secretary of the Commission.
SUPPLEMENTARY INFORMATION: Under the
• Ways to enhance the quality, [FR Doc. 2018–17337 Filed 8–10–18; 8:45 am]
PRA, 44 U.S.C. 3501 et seq., Federal usefulness, and clarity of the BILLING CODE 6351–01–P
agencies must obtain approval from the information to be collected; and
Office of Management and Budget • Ways to minimize the burden of
(OMB) for each collection of collection of information on those who
information they conduct or sponsor. DEPARTMENT OF DEFENSE
are to respond, including through the
‘‘Collection of Information’’ is defined use of appropriate automated electronic, Department of the Air Force
in 44 U.S.C. 3502(3) and 5 CFR 1320.3 mechanical, or other technological
and includes agency requests or collection techniques or other forms of Notice of Intent To Prepare an
requirements that members of the public information technology; e.g., permitting Environmental Impact Statement for
submit reports, keep records, or provide electronic submission of responses. the Air Force Reserve Command F–
information to a third party. Section You should submit only information 35A Operational Beddown
3506(c)(2)(A) of the PRA, 44 U.S.C. that you wish to make available
3506(c)(2)(A), requires Federal agencies AGENCY: Department of the United
publicly. If you wish the Commission to
to provide a 60-day notice in the States Air Force, Department of Defense.
consider information that you believe is
Federal Register concerning each exempt from disclosure under the ACTION: Amended notice of intent.
proposed collection of information, Freedom of Information Act, a petition
including each proposed extension of an SUMMARY: The Air Force issued a Notice
for confidential treatment of the exempt of Intent to Prepare an Environmental
existing collection of information, information may be submitted according
before submitting the collection to OMB Impact Statement for the Air Force
to the procedures established in § 145.9 Reserve Command F–35A Operational
for approval. To comply with this of the Commission’s regulations.1
requirement, the CFTC is publishing Beddown Environmental Impact
The Commission reserves the right,
this notice of the proposed extension of Statement (Vol. 83, No. 56 Federal
but shall have no obligation, to review,
the currently approved collection of Register, 12568, March 22, 2018) and is
pre-screen, filter, redact, refuse or
information listed below. An agency now being amended to correct the
remove any or all of your submission
may not conduct or sponsor, and a address for courier delivered public
from http://www.cftc.gov that it may
person is not required to respond to, a scoping comments.
deem to be inappropriate for
collection of information unless it publication, such as obscene language. DATES: The 10-working day resubmittal
displays a currently valid OMB control All submissions that have been redacted period begins on the date of this notice.
number. or removed that contain comments on ADDRESSES: The address for courier
Title: Rule 50.50 End-User the merits of the ICR will be retained in delivered (e.g., Federal Express or
Notification of Non-Cleared Swap (OMB the public comment file and will be United Parcel Service) public scoping
Control No. 3038–0085). This is a considered as required under the comments is: AFCEC/CZN, (ATTN: Mr.
request for an extension of a currently
sradovich on DSK3GMQ082PROD with NOTICES

Administrative Procedure Act and other Hamid Kamalpour), 3515 S. General
approved information collection. applicable laws, and may be accessible McMullen Drive, Suite 155, San
Abstract: Rule 50.50 specifies the under the Freedom of Information Act. Antonio, Texas 78226–1710.
requirements for eligible end-users who Burden Statement: The address for U.S. Postal Service
elect the end-user exception from the • Collection 3038–0085—Rule 50.50 mail delivery is the same as initially
Commission’s swap clearing End-User Notification of Non-Cleared published on March 22, 2018: AFCEC/
requirement, as provided under section CZN, (ATTN: Mr. Hamid Kamalpour),
2(h)(7) of the Commodity Exchange Act 1 17 CFR 145.9. 2261 Hughes Avenue, Suite 155, JBSA-

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Document Created: 2018-08-11 00:27:06
Document Modified: 2018-08-11 00:27:06

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Comments must be submitted on or before October 12, 2018.
Contact		Melissa D'Arcy, Special Counsel, Division of Clearing and Risk, Commodity Futures Trading Commission, (202) 418-5086; email: [email protected]
FR Citation		83 FR 39991