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###### Commodity Futures Trading Commission

# AGENCY:

Commodity Futures Trading Commission.

# ACTION:

Notice.

# 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 certain Commission regulations (Confirmation, Portfolio Reconciliation, Portfolio Compression, and Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants).                    

# DATES:

Comments must be submitted on or before April 25, 2022.

# ADDRESSES:

You may submit comments, identified by “Confirmation, Portfolio Reconciliation, Portfolio Compression, and Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants,” and Collection Numbers 3038-0068, 3038-0083, and 3038-0088 by any of the following methods:
      - The Agency's website, at https://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                         *www.cftc.gov.*

# FOR FURTHER INFORMATION CONTACT:

                        Benjamin DeMaria, Special Counsel, Market Participants Division, Commodity Futures Trading Commission at (202) 418-5988 or                         *bdemaria@cftc.gov.*

# SUPPLEMENTARY INFORMATION:

                    Under the PRA, 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                           ( print page 10176)                        notice of the proposed collections of information—treated as a consolidated collection—listed below.[1] 

*Title:*                     Confirmation, Portfolio Reconciliation, Portfolio Compression, and Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants (OMB Control Nos. 3038-0068, 3038-0083, 3038-0088).[2]                                          This is a request for an extension of currently approved information collections.                

*Abstract:*                     On September 11, 2012 the Commission adopted Commission Regulations 23.500-23.505 (Confirmation, Portfolio Reconciliation, Portfolio Compression, and Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants) [3]                                          under sections 4s(f), (g) and (i) [4]                                          of the Commodity Exchange Act (“CEA”). Commission regulations 23.500-23.505 require, among other things, that swap dealers (“SDs”) [5]                                          and major swap participants (“MSPs”) [6]                                          develop and retain written swap trading relationship documentation. The regulations also establish requirements for SDs and MSPs regarding swap confirmation, portfolio reconciliation, and portfolio compression. Under the regulations, SDs and MSPs are obligated to maintain records of the policies and procedures required by the rules.[7] 

Confirmation, portfolio reconciliation, and portfolio compression are important post-trade processing mechanisms for reducing risk and improving operational efficiency. The information collection obligations imposed by the regulations are necessary to ensure 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. The information collections contained in the regulations are also essential to ensuring that SDs and MSPs document their swaps, reconcile their swap portfolios to resolve discrepancies and disputes, and wholly or partially terminate some or all of their outstanding swaps through regular portfolio compression exercises. The collections of information are mandatory.

With respect to the collections of information, the CFTC invites comments on:
    - Whether the proposed collections of information are 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 burdens of the proposed collections 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 burdens 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 § 145.9 of the Commission's regulations.[8] 

                    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, for reasons 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 burdens for the collections to reflect the current number of respondents and estimated burden hours. The respondent burdens for the collections are estimated to be as follows:                
    - OMB Control No. 3038-0068 (Confirmation, Portfolio Reconciliation, and Portfolio Compression Requirements for Swap Dealers and Major Swap Participants).

*Number of Registrants:*                     107.                

*Estimated Average Burden Hours per Registrant:*                     1,274.5.                

*Estimated Aggregate Burden Hours:*                     136,371.5.                

*Frequency of Recordkeeping:*                     As applicable.                
    - OMB Control No. 3038-0083 (Orderly Liquidation Termination Provision in Swap Trading Relationship Documentation for Swap Dealers and Major Swap Participants).

*Number of Registrants:*                     107.                

*Estimated Average Burden Hours per Registrant:*                     270.                

*Estimated Aggregate Burden Hours:*                     28,890.                

*Frequency of Recordkeeping:*                     As applicable.                
    - OMB Control No. 3038-0088 (Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants).

*Number of Registrants:*                     107.                

*Estimated Average Burden Hours per Registrant:*                     6284.                

*Estimated Aggregate Burden Hours:*                     672,388.                

*Frequency of Recordkeeping:*                     As applicable.                

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

Dated: February 17, 2022.

Robert Sidman,

Deputy Secretary of the Commission.

# Footnotes

1.                             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 conrol number.                         *See*46 FR 63035 (Dec. 30, 1981).                    
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2.                             Historically, PRA Collections 3038-0068, 3038-0083, and 3038-0088 were renewed as a consolidated collection.                         *See*82 FR 6241 (Feb. 5, 2016). However, on April 1, 2019, the CFTC published an interim final rule (“IFR”), which allowed uncleared swaps to retain legacy status when transferred in connection with what was, at the time, a potential no-deal Brexit.                         *See*84 FR 12065 (Apr. 1, 2019). As the IFR only affected the burdens calculations in PRA collection 3038-0088, collection 3038-0088 was considered separately from collections 3038-0068 and 3038-0083 for purposes of incorporating the burdens related to the IFR.                         *Id.*                         Since there is no need now to separate collection 3038-0088 for purposes of renewing these three collections, this proposed renewal once again will treat PRA collections 3038-0068, 3038-0083, and 3038-0088 as a consolidated collection.                    
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3.                             17 CFR 23.500-23.505.                    
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4.                             7 U.S.C. 6s(f), (g) & (i).                    
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5.                             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.                    
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6.                             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.                    
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7.                             SDs and MSPs are required to maintain all records of policies and procedures in accordance with Commission regulations 23.203 and, by extension, 1.31, including policies, procedures, and models used for eligible master netting agreements and custody agreements that prohibit custodian of margin from re-hypothecating, repledging, reusing, or otherwise transferring the funds held by the custodian.                         *See*17 CFR 1.31 and 23.203.                    
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8.                             17 CFR 145.9.                    
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[FR Doc. 2022-03829 Filed 2-22-22; 8:45 am]

BILLING CODE 6351-01-P