[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Notices]
[Pages 14921-14922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07306]


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COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities: Notice of Intent To 
Revise Collection Numbers 3038-0087, Reporting, Recordkeeping, and 
Daily Trading Records Requirements for Swap Dealers and Major Swap 
Participants

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 three collections 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 each proposed extension 
of an existing collection of information, and to allow 60 days for 
public comment. This notice solicits comments on the collections of 
information mandated by Commission regulations 23.201 through 23.205 
(Reporting, Recordkeeping, and Daily Trading Records Requirements For 
Swap Dealers and Major Swap Participants).

DATES: Comments must be submitted on or before June 11, 2019.

ADDRESSES: You may submit comments, identified by ``Reporting, 
Recordkeeping, and Daily Trading Records Requirements for Swap Dealers 
and Major Swap Participants,'' and Collection Number 3038-0087 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.

FOR FURTHER INFORMATION CONTACT: Gregory Scopino, Special Counsel, 
Division of Swap Dealer and Intermediary Oversight, Commodity Futures 
Trading Commission, (202) 418-5175; email: [email protected].

SUPPLEMENTARY INFORMATION: Under the PRA,\1\ 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 notice of the proposed 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.
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    \1\ 44 U.S.C. 3501 et seq.
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    Title: Reporting, Recordkeeping, and Daily Trading Records 
Requirements for Swap Dealers and Major Swap Participants (OMB Control 
Nos. 3038-0087). This is a request for an extension of currently 
approved information collection.
    Abstract: On April 3, 2012, the Commission adopted Commission 
regulations 23.201 through 23.205 (Reporting, Recordkeeping, and Daily 
Trading Records Requirements For Swap Dealers and Major Swap 
Participants) \2\ pursuant to sections 4s(f) \3\ and 4s(g) \4\ of the 
Commodity Exchange Act (``CEA'').\5\ Commission regulations 23.201 
through 23.205 require, among other things, swap

[[Page 14922]]

dealers (``SD'') \6\ and major swap participants (``MSP'') \7\ to 
maintain transaction and position records of their swaps (including 
daily trading records) and to maintain specified business records 
(including records related to the governance and financial status of 
the swap dealer or major swap participant, complaints received by such 
SD or MSP and such SD or MSP's marketing and sales materials). They 
also require SDs and MSPs to report certain swap transaction data to 
swap data repositories, to satisfy certain real time public reporting 
requirements, and to maintain records of information reported to swap 
data depositories and for real time reporting purposes.\8\ The 
Commission believes that the information collection obligations imposed 
by Commission regulations 23.201 through 23.205 are necessary to 
implement sections 4s(f) and 4s(g) of the CEA, including ensuring that 
each SD and MSP maintains the required records of their business 
activities and an audit trail sufficient to conduct comprehensive and 
accurate trade reconstruction. 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.
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    \2\ 17 CFR 23.201-23.205.
    \3\ 7 U.S.C. 6s(f).
    \4\ 7 U.S.C. 6s(g).
    \5\ 77 FR 20128.
    \6\ For the definition of SD, see section 1a(49) of the CEA and 
Commission regulation 1.3. 7 U.S.C. 1a(49) and 17 CFR 1.3.
    \7\ For the definitions of MSP, see section 1a(33) of the CEA 
and Commission regulation 1.3. 7 U.S.C. 1a(33) and 17 CFR 1.3.
    \8\ See 17 CFR 23.201-23.205.
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    With respect to the collection of information, the CFTC invites 
comments on:
     Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information will have a practical 
use;
     The accuracy of the Commission's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
     Ways to enhance the quality, usefulness, and clarity of 
the information to be collected; and
     Ways to minimize the burden of collection of information 
on those who are to respond, including through the use of appropriate 
automated electronic, mechanical, or other technological collection 
techniques or other forms of information technology; e.g., permitting 
electronic submission of responses.
    All comments must be submitted in English, or if not, accompanied 
by an English translation. Comments will be posted as received to 
http://www.cftc.gov. You should submit only information that you wish 
to make available publicly. If you wish the Commission to consider 
information that you believe is exempt from disclosure under the 
Freedom of Information Act, a petition for confidential treatment of 
the exempt information may be submitted according to the procedures 
established in Sec.  145.9 of the Commission's regulations.\9\
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    \9\ 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 information collection request will be retained in 
the public comment file and will be considered as required under the 
Administrative Procedure Act and other applicable laws, and may be 
accessible under the Freedom of Information Act.
    Burden Statement: The Commission is revising its estimate of the 
burden for this collection to reflect the current number of respondents 
and estimated burden hours. The respondent burden for this collection 
is estimated to be as follows:
    Number of Registrants: 103.
    Estimated Average Burden Hours per Registrant: 2,096.
    Estimated Aggregate Burden Hours: 215,888.
    Frequency of Recordkeeping: As applicable.

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

    Dated: April 9, 2019.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2019-07306 Filed 4-11-19; 8:45 am]
BILLING CODE 6351-01-P