24534 Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Notices 

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. 

6For 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. 

7For 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. 

8See 17 CFR 23.201–23.205. 9 17 CFR 145.9. 

including each proposed extension of an 

existing collection of information, 

before submitting the collection to OMB 

for approval. To comply with this 

requirement, the Commission is 

publishing notice of the proposed 

collection of information listed below. 

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 

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. 

With respect to the collection of 

information, the Commission 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 

whoare 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.9

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 https://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. The respondent 

burden for this collection is estimated to 

be as follows: 

Estimated Number of Respondents: 

107. 

Estimated Average Burden Hours Per 

Respondent: 2,096. 

Estimated Total Annual Burden 

Hours: 224,272. 

Frequency of Collection: As 

applicable. 

There are no capital costs or operating 

and maintenance costs associated with 

this collection. 

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

Dated: April 20, 2022. 

Robert Sidman, 

Deputy Secretary of the Commission. 

[FR Doc. 2022–08787 Filed 4–25–22; 8:45 am] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Notice of Intent To Extend 

Collection 3038–0089: Swap Data 

Recordkeeping and Reporting 

Requirements: Pre-Enactment and 

Transition Swaps 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) 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 each proposed 

extension of an existing collection of 

information, and to allow 60 days for 

public comment. This notice solicits 

comments on reporting requirements 

relating to swap data recordkeeping and 

reporting requirements codified in the 

Code of the Federal Regulations that 

imposes recordkeeping and reporting 

requirements on the following entities: 

Swap Dealers (‘‘SDs’’), Major Swap 

Participants (‘‘MSPs’’), and swap 

counterparties that are neither swap 

dealers nor major swap participants 

(‘‘non-SD/MSP counterparties’’). 

DATES: Comments must be submitted on 

or before June 27, 2022. 

ADDRESSES: You may submit comments, 

identified by ‘‘OMB Control No. 3038– 

0089’’ 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. 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Notices 24535 

1The OMB control numbers for the CFTC 

regulations were published on December 30, 1981. 

See 46 FR 63035 (Dec. 30, 1981). 

2See 17 CFR part 46.1 (defining ‘‘pre-enactment 

swap’’ as any swap entered into prior to enactment 

of the Dodd-Frank Act of 2010 (July 21, 2010), the 

terms of which have not expired as of the date of 

enactment of that Act, and ‘‘transition swap’’ as any 

swap entered into on or after the enactment of the 

Dodd-Frank Act of 2010 (July 21, 2010) and prior 

to the applicable compliance date on which a 

registered entity or swap counterparty subject to the 

jurisdiction of the Commission is required to 

commence full compliance with all provisions of 

part 46). 

3See 17 CFR 145.9. 

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 

https://www.cftc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Isabella Bergstein, Attorney Adviser, 

Division of Data Policy, Commodity 

Futures Trading Commission, Three 

Lafayette Centre, 1155 21st Street NW, 

Washington, DC 20581; (202) 993–1384; 

email: ibergstein@cftc.gov. 

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 Commission is 

publishing notice of the proposed 

extension of the existing 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.1

Title: Swap Data Recordkeeping and 

Reporting Requirements: Reenactment 

and Transition Swaps (OMB Control No. 

3038–0089). This is a request for an 

extension of a currently approved 

information collection. 

Abstract: Sections 4r(a)(2)(A) and 

2(h)(5) of the Commodity Exchange Act 

requires the reporting of pre-enactment 

and transition swaps. Regulations 46.2, 

46.3, and 46.11 establish reporting 

requirements that are mandated by 4r 

and 2(h) and, thus, are necessary to 

implement the objectives of 4r and 2(h). 

Regulation 46.2 establishes swap 

counterparties’ recordkeeping 

requirements for pre-enactment and 

transition swaps. Regulation 46.3 

establishes reporting requirements for 

uncleared pre-enactment or transition 

swaps in existence on or after April 25, 

2011, and throughout the existence of 

the swap.2 Regulation 46.11 addresses 

the reporting of errors and omission in 

previously reported data. The data 

required to be compiled and maintained 

pursuant to the Part 46 regulations 

would be used by the Commission and 

other financial regulators for fulfillment 

of various regulatory mandates. The 

collection of information is needed to 

ensure that the CFTC and other 

regulators have access to data regarding 

pre-enactment and transition swaps, as 

required by the Commodity Exchange 

Act as amended by the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act (‘‘Dodd-Frank Act’’). 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 for 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.3

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 https://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 

estimates that the respondent burden for 

this collection is as follows: 

• Recordkeeping: 

Estimated Number of Respondents: 

30,108. 

Estimated Average Burden Hours per 

Respondent: 69.5 hours. 

Estimated Total Annual Burden 

Hours: 13,506 hours. 

Frequency of Collection: 1. 

• Reporting: 

Estimated Number of Respondents: 

608. 

Estimated Average Burden Hours per 

Respondent: 5.64 hours. 

Estimated Total Annual Burden 

Hours: 860 hours. 

Frequency of Collection: Daily. 

• Total Annual Burden for the 

Collection: 14,366 hours. 

There are no capital costs or operating 

and maintenance costs associated with 

this collection. 

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

Dated: April 20, 2022. 

Robert Sidman, 

Deputy Secretary of the Commission. 

[FR Doc. 2022–08789 Filed 4–25–22; 8:45 am] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Notice of Intent To Extend 

Collection Number 3038–0080: Annual 

Report for Chief Compliance Officer of 

Registrants 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) 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 each proposed 

extension of an existing collection of 

information, and to allow 60 days for 

public comment. This notice solicits 


jspears on DSK121TN23PROD with NOTICES1