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Agency Information Collection Activities Under OMB Review

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 Offi...

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Commodity Futures Trading Commission

AGENCY:

Commodity Futures Trading Commission.

ACTION:

Notice.

SUMMARY:

In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that the Information Collection Request (ICR) ( printed page 66691) abstracted below has been forwarded to the Office of Information and Regulatory Affairs (OIRA), of 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 23, 2026.

ADDRESSES:

You may submit comments, specifically referencing “OMB Control No. 3038-0097,” by any of the following methods:

Regulations.gov: Go to www.regulations.gov and press the “Search” button, then proceed as follows:

1. Under Refine Documents Results—check the box to “Only show documents open for comment”;

2. Under Agency—select “See More” and check the box for “Commodity Futures Trading Commission,” then press the Apply button;

3. Identify this notice in the list of CFTC documents open for comment, press the “Comment” button to open the submission form, and follow the instructions on the form.

Alternatively, if you are viewing this notice on www.federalregister.gov, click the “Submit A Public Comment” button at the top of the page to open the comment form. Follow the instructions on the form to submit your comment to Regulations.gov.

Mail: Send to—Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581.
Hand Delivery/Courier: Address to—CFTC Comment Submission, Attn: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581.

Please submit your comments using only one of these methods. To avoid possible delays with mail or in-person deliveries, submissions through Regulations.gov are encouraged.

All comments must be submitted in English or, if not, accompanied by an English translation. Do not include in your comment text or attachments any personal identifying information or business information that you do not want published online. Comments (regardless of submission method) will be published without review for, and without removal of, any personal identifying information or information your business may consider confidential.

If you wish to submit confidential information for the Commission's consideration, please contact the CFTC personnel listed in this Notice under FOR FURTHER INFORMATION CONTACT before making any submission. Please also carefully review the Commission's procedures in 17 CFR 145.9 for requesting confidential treatment under the Freedom of Information Act (FOIA) of information submitted to the Commission.

The CFTC reserves the right, but shall have no obligation, to review, pre-screen, filter, or redact all or any part of your comment submission. The CFTC also reserves the right, without further notification, to refuse to publish or to remove from public view all or any part of your submission to the extent it contains content inappropriate for publication in a comment file, such as—without limitation—obscene language, threats of violence, solicitations for commercial sales or illegal activity, or obvious spam. If a submission that is refused for or withdrawn from publication because of inappropriate content also contains comments on the merits of this notice, such submission will be retained in the record for the matter and will be considered as required under the Administrative Procedure Act, the Paperwork Reduction Act, and other applicable laws, and may be accessible under the FOIA.

FOR FURTHER INFORMATION CONTACT:

Daniel O'Connell, Special Counsel, Division of Clearing and Risk, Commodity Futures Trading Commission, (202) 418-5583; email: doconnell@cftc.gov, and refer to OMB Control No. 3038-0097.

SUPPLEMENTARY INFORMATION:

Title: Process for Review of Swaps for Mandatory Clearing (OMB Control No. 3038-0097). This is a request for extension of a currently approved information collection.

Abstract: The Commodity Exchange Act and Commission regulations require a derivatives clearing organization (DCO) that wishes to accept a swap for clearing to be eligible to clear the swap and to submit the swap to the Commission for a determination as to whether the swap is required to be cleared. Commission Regulation 39.5 sets forth the process for these submissions. The Commission will use the information in this collection to determine whether a DCO that wishes to accept a swap for clearing is eligible to clear the swap and whether the swap should be required to be cleared. 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.

On July 28, 2026, the Commission published in the Federal Register notice of the proposed extension of this information collection and provided 60 days for public comment on the proposed extension, 91 FR 47225 (“60-Day Notice”). The Commission received one comment from an anonymous submitter regarding its PRA burden estimates.^[1] The comment asked how the Commission modeled or concluded that each registered DCO will submit one swap submission per year at an estimated 40 hours per submission.

The Commission's estimate of one submission per DCO per year is intended to account for variations in the number of swap submissions received by year by DCO. Some DCOs may be required to file multiple swap submissions in connection with the launch of new clearing initiatives, while other DCOs may not file any swap submissions in a given year.

The Commission's estimate of 40 hours per DCO submission is based on the Commission's experience reviewing the submissions. It considers the scope of topics the submissions must address, the level of detail typically provided by DCOs, the Commission's possible engagement with DCOs regarding submissions, and the nature of the information that may be sought by Commission staff. Generally, DCOs also have aggregated and presented information about new cleared swaps in other contexts, such as public marketing materials or as part of ongoing DCO supervision.

The comment also sought the Commission's rationale for its estimate that the regulation does not entail separate operation and maintenance costs for DCOs. The regulation requires only the provision of certain swap information that is part of other rule submissions done in the ordinary course of launching new cleared swap offerings. DCOs typically comply with this regulation along with other required Commission reporting and notifications.

Burden Statement: The respondent burden for this collection is estimated to be as follows:

Estimated Number of Respondents: 24.

Estimated Average Burden Hours per Respondent: 40.

Estimated Total Annual Burden Hours: 960.

Frequency of Collection: On occasion. A DCO is only required to make a one-time submission before it first accepts a swap for clearing. ( printed page 66692)

There are no capital costs or operating and maintenance costs associated with this collection.

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

Dated: October 19, 2026.

Robert Sidman,

Deputy Secretary of the Commission.

Footnotes

1. Anonymous Commenter Letter.

Back to Citation

[FR Doc. 2026-21579 Filed 10-21-26; 8:45 am]

BILLING CODE 6351-01-P

Legal Citation

Federal Register Citation

Use this for formal legal and research references to the published document.

91 FR 66690

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“Agency Information Collection Activities Under OMB Review,” thefederalregister.org (October 22, 2026), https://thefederalregister.org/documents/2026-21579/agency-information-collection-activities-under-omb-review.