Process for a Swap Execution Facility or Designated Contract Market to make a Swap available to trade

Forms and Documents

Document	Type	Status	Availability
(2016) OMB SupportingStatementdraft MAT Renewal nhn - 0099.docx	Supporting Statement A	Uploaded 2016-08-18	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
207628	Process for a Swap Execution Facility of Designated Contract Market to Make a Swap Available to Trade		Modified
203645	Process for a Designated Contract Market or Swap Execution Facility to Make a Swap Available to Trade		Removed

ICR Details

OMB Control No: 3038-0099	ICR Reference No: 201608-3038-007
Status: Historical Active	Previous ICR Reference No: 201307-3038-001
Agency/Subagency: CFTC	Agency Tracking No:
Title: Process for a Swap Execution Facility or Designated Contract Market to make a Swap available to trade
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/04/2016
	Date Received in OIRA: 08/24/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2019	36 Months From Approved	11/30/2016
Responses	5	0	100
Time Burden (Hours)	80	0	2,800
Cost Burden (Dollars)	0	0	86,500

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Abstract: The Commission’s regulations establish a process for swap execution facilities and designated contract markets to make a swap “available to trade” for purposes of the trade execution requirement. The regulations require swap execution facilities and designated contract markets to consider certain factors when determining whether to make a swap “available to trade,” and under §§ 37.10(a) or 38.12(a) of the Commission’s regulations, a swap execution facility or designated contract market, respectively, would submit its determination to the Commission pursuant to the rule filing procedures of part 40 of the Commission’s regulations.

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Authorizing Statute(s): US Code: 7 USC 2h(8) Name of Law: Dodd-Frank
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 38689	06/14/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 57890	08/24/2016
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Process for a Swap Execution Facility of Designated Contract Market to Make a Swap Available to Trade
Process for a Designated Contract Market or Swap Execution Facility to Make a Swap Available to Trade

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	5	100	0	-45	-50	0
Annual Time Burden (Hours)	80	2,800	0	-720	-2,000	0
Annual Cost Burden (Dollars)	0	86,500	0	0	-86,500	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: Based on the comment received in the proposed rule regarding the information collection, the total hourly burden of the information collection is revised in the final rule to be 16 hours per submission, from 8 hours per submission.

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Annual Cost to Federal Government: $4,044

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Yes

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/24/2016

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