2023-27490
[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86637-86638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27490]
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COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities Under OMB Review
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice.
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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 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 January 16, 2024.
ADDRESSES: Written comments regarding the burden estimated or any other
aspect of the 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. 3038-0093, at https://comments.cftc.gov/FederalRegister/PublicInfo.aspx.
Or by either of the following methods:
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 section 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.
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\1\ 17 CFR 145.9.
FOR FURTHER INFORMATION CONTACT: Maura Dundon, Special Counsel,
Division of Market Oversight, Commodity Futures Trading Commission,
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202-418-5286, email: [email protected].
SUPPLEMENTARY INFORMATION:
Title: Part 40, Provisions Common To Registered Entities (OMB
Control No. 3038-0093). This is a request for extension of a currently
approved information collection.
Abstract: This collection of information involves the collection
and
[[Page 86638]]
submission to the Commission of information from registered entities
concerning new products, rules, and rule amendments pursuant to the
procedures outlined in Sec. Sec. 40.2, 40.3, 40.5, 40.6, and 40.10
found in 17 CFR part 40. Part 40 of the Commission's regulations
implements section 5c(c) of the CEA and sets forth provisions that are
common to registered entities, including designated contract markets
(``DCMs''), derivatives clearing organizations (``DCOs''), swap
execution facilities (``SEFs'') and swap data repositories (``SDRs'').
Part 40 establishes requirements and procedures for registered entities
to submit information about their rules and products to the Commission
prior to implementing rules, listing products for trading, or accepting
products for clearing. Part 40 generally provides two means for
registered entities to submit rules and products to the Commission.
Typically, a registered entity elects to certify that their product
(Sec. 40.2) or rule (Sec. 40.6) complies with the CEA and the
Commission regulations. This process is known as self-certification.
Alternatively, a registered entity may seek Commission approval of the
product (Sec. 40.3) or rule (Sec. 40.5).\2\ The regulations also
include special certification provisions (Sec. 40.10) for certain
rules submitted by systemically important DCOs (``SIDCOs'').
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\2\ Commission regulations may expressly or impliedly trigger
the requirement for a registered entity to make a submission
pursuant to part 40. For example, the Commission's part 150
regulation on position limits contains an express requirement to
make a Sec. 40.5 rule filing in certain circumstances. See 17 CFR
150.9(a).
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On October 3, 2023, 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, 88 FR 68112 (``60-Day Notice''). The Commission did not
receive any relevant comments on the 60-Day Notice that addressed its
PRA burden estimates.
Respondents/Affected Entities: Designated Contract Markets, Swap
Execution Facilities, Derivatives Clearing Organizations, and Swap Data
Repositories.
Burden Statement: OMB Control Number 3038-0093 reflects the
information collection burden under Commission regulations associated
with product filings (Sec. Sec. 40.2 and 40.3); rule filings
(Sec. Sec. 40.5 and 40.6); and SIDCO filings (Sec. 40.10). As part of
this renewal, the Commission has updated its burden estimates to
reflect current filing volumes and burden hours.
Provisions Common to Regulated Entities IC
The Commission estimates the average burden of the Provisions
Common to Regulated Entities IC as follows:
Product Submissions (Sec. 40.2 and 40.3)
Estimated Number of Respondents: 70.\3\
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\3\ The estimated number of 70 respondents includes 16 active
DCMs, 23 registered SEFs, 15 registered DCOs, 5 provisionally
registered SDRs, plus pending applications for those entities.
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Annual Responses by Each Respondent: 12.\4\
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\4\ The 3-year average of total responses for Sec. Sec. 40.2
and 40.3 submissions combined was 848 responses, calculated by
taking the annual total submissions received under Sec. Sec. 40.2
and 40.3 combined from all entities and averaging them for the years
of 2020, 2021 and 2022. The estimated number of reports per
respondent is calculated as 848 responses divided by 70 respondents
(848 responses/70 respondents = 12 responses per respondent).
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Estimated Hours per Response: 21.\5\
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\5\ The 21-hour estimate for product submissions reflects
industry comments received in 2018. See 83 FR 43855, 43856 (Aug. 28,
2018); Supporting Statement at https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201808-3038-003.
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Estimated Total Hours per Year: 17,640.
Rule Submissions (Sec. Sec. 40.5 and 40.6)
Estimated Number of Respondents: 70.\6\
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\6\ See supra n.3.
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Annual Responses by Each Respondent: 20.\7\
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\7\ The 3-year average of total responses for Sec. Sec. 40.5
and 40.6 submissions combined was 1,412 responses, calculated by
taking the annual total submissions received under Sec. Sec. 40.5
and 40.6 combined from all entities and averaging them for the years
of 2020, 2021 and 2022. The estimated number of reports per
respondent is calculated as 1,412 responses divided by 70
respondents (1,412 responses/70 respondents = 20 responses per
respondent).
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Estimated Hours per Response: 2.
Estimated Total Hours per Year: 2,800.
SIDCO Submissions (Sec. 40.10)
Estimated Number of Respondents: 2.
Annual Responses by each Respondent: 1.\8\
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\8\ The 3-year average of total responses for Sec. 40.10
submissions was 2, calculated by taking the annual total submissions
received under Sec. 40.10 from all SIDCOs and averaging them for
the years of 2020, 2021 and 2022. The average number of reports per
respondent is 1, calculated as 2 responses divided by 2 respondents
(2 responses/2 respondents = 1 response per respondent).
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Estimated Hours per Response: 50.
Estimated Total Hours per Year: 100.
There are no capital costs or operating and maintenance costs
associated with this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023-27490 Filed 12-13-23; 8:45 am]
BILLING CODE 6351-01-P