Agency Information Collection Activities: Notice of Intent To Extend Collection 3038-0104: Clearing Exemption for Swaps Between Certain Affiliated Entities

Published date22 April 2019
Citation84 FR 16662
Record Number2019-08050
SectionNotices
CourtCommodity Futures Trading Commission
Federal Register, Volume 84 Issue 77 (Monday, April 22, 2019)
[Federal Register Volume 84, Number 77 (Monday, April 22, 2019)]
                [Notices]
                [Pages 16662-16663]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-08050]
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                COMMODITY FUTURES TRADING COMMISSION
                Agency Information Collection Activities: Notice of Intent To
                Extend Collection 3038-0104: Clearing Exemption for Swaps Between
                Certain Affiliated Entities
                AGENCY: Commodity Futures Trading Commission.
                ACTION: Notice.
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                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 uncleared swaps between certain affiliated entities
                electing the exemption under Commission regulation 50.52 (Exemption for
                swaps between affiliates).
                DATES: Comments must be submitted on or before June 21, 2019.
                ADDRESSES: You may submit comments, identified by ``OMB Control No.
                3038-0104'' by any of the following methods:
                 The Agency's website, at http://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 http://www.cftc.gov.
                FOR FURTHER INFORMATION CONTACT: Melissa A. D'Arcy, Special Counsel,
                Division of Clearing and Risk, Commodity Futures Trading Commission,
                Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581;
                (202) 418-5086; email: [email protected].
                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: Clearing Exemption for Swaps Between Certain Affiliated
                Entities (OMB Control No. 3038-0104). This is a request for an
                extension of a currently approved information collection.
                 Abstract: Section 2(h)(1)(A) of the Commodity Exchange Act requires
                certain entities to submit for clearing certain swaps if they are
                required to be cleared by the Commission. Commission regulation 50.52
                permits certain affiliated entities to elect not to clear inter-
                affiliate swaps that otherwise would be required to be cleared,
                provided that they meet certain conditions. The rule further requires
                the reporting of certain information if the inter-affiliate exemption
                from clearing is elected. The Commission will use the information
                described in this collection and reported pursuant to Commission
                regulation 50.52 to monitor the use of the inter-affiliate exemption
                from the Commission's clearing requirement and to assess any potential
                market risks associated with such exemption.
                 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 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 Sec. 145.9 of the
                Commission's regulations.\1\
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                 \1\ 17 CFR 145.9.
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                 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, 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 for counterparties to swaps between certain
                affiliated entities that elect the inter-affiliate exemption under
                Commission regulation 50.52. The respondent burden for this collection
                is estimated to be as follows:
                 Estimated Number of Respondents: 310.
                 Estimated Average Burden Hours per Respondent: 1 hour.
                 Estimated Total Annual Burden Hours: 310 hours.
                 Frequency of Collection: Annually; on occasion.
                 There are no capital costs or operating and maintenance costs
                associated with this collection.
                 Authority: 44 U.S.C. 3501 et seq.
                [[Page 16663]]
                 Dated: April, 17, 2019.
                Robert Sidman,
                Deputy Secretary of the Commission.
                [FR Doc. 2019-08050 Filed 4-19-19; 8:45 am]
                 BILLING CODE 6351-01-P
                

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