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Federal Register / Vol. 83, No. 209 / Monday, October 29, 2018 / Notices

BILLING CODE 3510–16–C

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities Under OMB Review
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

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 November 28, 2018.
ADDRESSES: Comments regarding the
burden estimate or any other aspect of
the information collection, including
suggestions for reducing the burden,
may be submitted directly to the Office
of Information and Regulatory Affairs

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SUMMARY:

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(OIRA) in OMB within 30 days of this
notice’s publication by either of the
following methods. Please identify the
comments by ‘‘OMB Control No. 3038–
0085.’’
• By email addressed to:
[email protected] or
• By mail addressed to: The Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Attention Desk Officer for the
Commodity Futures Trading
Commission, 725 17th Street NW,
Washington, DC 20503.
A copy of all comments submitted to
OIRA should be sent to the Commodity
Futures Trading Commission
(Commission) by either of the following
methods. The copies should refer to
‘‘OMB Control No. 3038–0085.’’
• By mail addressed to: Christopher
Kirkpatrick, Secretary of the
Commission, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street NW,
Washington, DC 20581;
• By Hand Delivery/Courier to the
same address; or
• Through the Commission’s website
at http://comments.cftc.gov. Please
follow the instructions for submitting
comments through the website.

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A copy of the supporting statement
for the collection of information
discussed herein may be obtained by
visiting http://RegInfo.gov.
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. 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 § 145.9
of the Commission’s regulations.1 The
Commission reserves the right, but shall
have no obligation, to review, prescreen, 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
ICR will be retained in the public
comment file and will be considered as
1 17

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[FR Doc. 2018–23187 Filed 10–26–18; 8:45 am]

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Federal Register / Vol. 83, No. 209 / Monday, October 29, 2018 / Notices
required under the Administrative
Procedure Act and other applicable
laws, and may be accessible under the
Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT:
Melissa D’Arcy, Special Counsel,
Division of Clearing and Risk,
Commodity Futures Trading
Commission, (202) 418–5086; email:
[email protected], and refer to OMB
Control No. 3038–0085.
SUPPLEMENTARY INFORMATION:
Title: Rule 50.50 End-User
Notification of Non-Cleared Swap (OMB
Control No. 3038–0085). This is a
request for an extension and revision of
a currently approved information
collection.
Abstract: The Dodd-Frank Wall Street
Reform and Consumer Protection Act
(Dodd-Frank Act) amended Section
2(h)(1) of the Commodity Exchange Act
(CEA) to provide that it shall be
unlawful for any person to engage in a
swap unless that person submits such
swap for clearing to a derivatives
clearing organization if the swap is
required to be cleared. However, Section
2(h)(7) of the CEA, as added by the
Dodd-Frank Act, also provides that a
swap otherwise subject to the clearing
requirement is eligible for an elective
exception from clearing if one party to
the swap is not a financial entity, is
using swaps to hedge or mitigate
commercial risk, and notifies the
Commission, in a manner set forth by
the Commission, how it generally meets
its financial obligations associated with
entering into non-cleared swaps (EndUser Exception).
The Commission adopted
Commission regulation 39.6 to specify
requirements for electing the End-User
Exception, including the reporting of
certain information to a registered swap
data repository (SDR) or the
Commission. Following the publication
of Commission regulation 39.6, the
Commission recodified it as
Commission regulation 50.50 (17 CFR
50.50). The information reported and
collected under Commission regulation
50.50 is necessary as part of the overall
package of swap-related information
that must generally be submitted by
reporting counterparties to SDRs under
the Dodd-Frank Act. The Commission
uses this information to assess and
monitor the market participants electing
the End-User Exception to the swap
clearing requirement in order to prevent
evasion of the clearing requirement.
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 August 13, 2018,

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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, 83
FR 39991 (60-Day Notice). The
Commission received one comment on
the 60-Day Notice.
In a comment letter submitted in
response to the 60-Day Notice, the
American Bankers Association (ABA)
urged the Commission to amend
Commission regulation 50.50 with
respect to the frequency of the reporting
requirement.2 Currently, end-users
electing the exception are required to
report information to the Commission
annually, if not more frequently. The
ABA requested that the Commission
issue a notice of proposed rulemaking to
consider revising the reporting
requirement in Commission regulation
50.50(b)(2) to permit end-users to report
this information less frequently than
annually, in certain cases. The ABA’s
request for an amendment to the rule
text in Commission regulation 50.50 is
outside the scope of the request for an
extension of the subject collection. The
ABA did not submit any comments to
the Commission related to the burdens
associated with this information
collection, such as the estimated
number of respondents or the estimated
average burden hours per respondent.
Accordingly, the Commission continues
to believe that the burden estimates
published in the 60-Day Notice are
appropriate.
Burden Statement: The respondent
burden for this collection is estimated to
be as follows:
Estimated Number of Respondents:
1,815.
Estimated Average Burden Hours per
Respondent: 0.58.
Estimated Total Annual Burden
Hours: 1,053.3
Frequency of Collection: On occasion;
annually.
There are no capital costs or operating
and maintenance costs associated with
this collection.
Authority: 44 U.S.C. 3501 et seq.
Dated: October 24, 2018.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2018–23539 Filed 10–26–18; 8:45 am]
BILLING CODE 6351–01–P
2 ABA’s comment letter submitted in response to
the 60-Day Notice, Oct. 12, 2018, available at:
https://comments.cftc.gov/PublicComments/View
Comment.aspx?id=61830&SearchText=.
3 1815 × .58 hr = 1,052.7, and when rounded up
to the next whole number equals 1,053 (the
estimated total annual burden hours).

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54327

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities Under OMB Review
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

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 November 28, 2018.
ADDRESSES: Comments regarding the
burden estimate or any other aspect of
the information collection, including
suggestions for reducing the burden,
may be submitted directly to the Office
of Information and Regulatory Affairs
(OIRA) in OMB within 30 days of this
notice’s publication by either of the
following methods. Please identify the
comments by ‘‘OMB Control No. 3038–
0101.’’
• By email addressed to:
[email protected] or
• By mail addressed to: the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Attention Desk Officer for the
Commodity Futures Trading
Commission, 725 17th Street NW,
Washington, DC 20503.
A copy of all comments submitted to
OIRA should be sent to the Commodity
Futures Trading Commission (the
‘‘Commission’’) by either of the
following methods. The copies should
refer to ‘‘OMB Control No. 3038–0101.’’
• By mail addressed to: Christopher
Kirkpatrick, Secretary of the
Commission, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street NW,
Washington, DC 20581;
• By Hand Delivery/Courier to the
same address; or
• Through the Commission’s website
at http://comments.cftc.gov. Please
follow the instructions for submitting
comments through the website.
A copy of the supporting statement
for the collection of information
discussed herein may be obtained by
visiting http://RegInfo.gov.
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. You should submit only
SUMMARY:

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