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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”) 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 August 1, 2022.

# ADDRESSES:

                        Written comments and recommendations for the proposed information collection should be submitted within 30 days of this notice's publication to OIRA, at                         *https://www.reginfo.gov/​public/​do/​PRAMain.*                         Please find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the website's search function. Comments can be entered electronically by clicking on the “comment” button next to the information collection on the “OIRA Information Collections Under Review” page, or the “View ICR—Agency Submission” page. A copy of the supporting statement for the collection of information discussed herein may be obtained by visiting                         *https://www.reginfo.gov/​public/​do/​PRAMain.*

                        In addition to the submission of comments to                         *https://Reginfo.gov*                         as indicated above, a copy of all comments submitted to OIRA may also be submitted to the Commodity Futures Trading Commission (the “Commission” or “CFTC”) by clicking on the “Submit Comment” box next to the descriptive entry for OMB Control No. 3038-0089, at                         *https://comments.cftc.gov/​FederalRegister/​PublicInfo.aspx.*

                        Or by either of the following methods:                              ( print page 39503)    
      -  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.                    

                        All comments must be submitted in English, or if not, accompanied by an English translation. Comments submitted to the Commission should include 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.[1]                                                  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 ICR 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.                    

# 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:

 

*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”).                

                    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 April 26, 2022, 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, 87 FR 24534 (“60-Day Notice”). The Commission did not receive any relevant comments on the 60-Day Notice.                

*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:                
    - 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: June 27, 2022.

Robert Sidman,

Deputy Secretary of the Commission.

# Footnotes

1.                                 17 CFR 145.9.                        
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2.                                                     *See*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).                    
        Back to Citation      

[FR Doc. 2022-14091 Filed 6-30-22; 8:45 am]

BILLING CODE 6351-01-P