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
24536 Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Notices 

1 17 CFR 3.3. 

2 7 U.S.C. 6d(d) and 6s(k). 3 17 CFR 145.9. 

comments on the collections of 

information mandated by Commission 

Regulation 3.3 (Chief Compliance 

Officer). 

DATES: Comments must be submitted on 

or before June 27, 2022. 

ADDRESSES: You may submit comments, 

identified by ‘‘OMB Control No. 3038– 

0080’’ 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 

https://www.cftc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Cummings, Special 

Counsel, Market Participants Division, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW, Washington, DC 

20581; (202) 418–5445; email: 

ccummings@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. 

Title: Annual Report for Chief 

Compliance Officer of Registrants (OMB 

Control No. 3038–0080). This is a 

request for an extension of a currently 

approved information collection. 

Abstract: On April 3, 2012, the 

Commission adopted Regulation 3.3 

(Chief Compliance Officer) 1 under 

sections 4d(d) and 4s(k) 2 of the 

Commodity Exchange Act (‘‘CEA’’). 

Commission Regulation 3.3 requires 

each futures commission merchant 

(‘‘FCM’’), swap dealer (‘‘SD’’), and major 

swap participant (‘‘MSP’’) to designate, 

by filing a Form 8–R, a chief compliance 

officer who is responsible for 

developing and administering policies 

and procedures that fulfill certain duties 

of the SD, MSP, or FCM and that are 

reasonably designed to ensure the 

registrant’s compliance with the CEA 

and Commission regulations; 

establishing procedures for the 

remediation of noncompliance issues 

identified by the chief compliance 

officer; establishing procedures for the 

handling, management response, 

remediation, retesting, and closing of 

noncompliance issues; preparing, 

signing, certifying and filing with the 

Commission an annual compliance 

report that contains the information 

specified in the regulations; amending 

the annual report if material errors or 

omissions are identified; and 

maintaining records of the registrant’s 

compliance policies and procedures and 

records related to the annual report. The 

information collection obligations 

imposed by Commission Regulation 3.3 

are essential to ensuring that FCMs, 

SDs, and MSPs maintain comprehensive 

policies and procedures that promote 

compliance with the CEA and 

Commission regulations. In particular, 

the Commission believes that, among 

other things, these obligations (i) 

promote compliance behavior through 

periodic self-evaluation, (ii) inform the 

Commission of possible compliance 

weaknesses, (iii) assist the Commission 

in determining whether the registrant 

remains in compliance with the CEA 

and Commission regulations, and (iv) 

help the Commission to assess whether 

the registrant has mechanisms in place 

to adequately address compliance 

problems that could lead to a failure of 

the registrant. 

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 

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: 166. 

Estimated Average Burden Hours per 

Registrant: 1006. 

Estimated Aggregate Burden Hours: 

166,966. 

Frequency of Recordkeeping: 

Annually or on occasion. 

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. 2022–08788 Filed 4–25–22; 8:45 am] 

BILLING CODE 6351–01–P 


jspears on DSK121TN23PROD with NOTICES1