60-Day Federal Register Notice

(2020) 60-day FR Notice for 3038-0090.pdf

Adaptation of Regulations to Incorporate Swaps-Exclusion of Utility Operations-Related Swaps with Utility Special Entities from De Minimis Threshold

60-Day Federal Register Notice

OMB: 3038-0090

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Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Notices
FR 8577 (‘‘60-Day Notice’’). The
Commission did not receive any
comments on the 60-Day Notice.
Burden Statement: The Commission
is revising its estimate of the burden for
this collection for registered FBOTs, by
reducing the number of FBOTs to which
the burden applies. The respondent
burden for this collection is estimated to
be as follows:
Estimated Number of Respondents:
23.
Estimated Average Burden Hours per
Respondent: 374.4.
Estimated Total Annual Burden
Hours: 8612.
Frequency of Collection: When a
reportable event occurs and quarterly
and annually for required reports.
There are no capital costs or operating
and maintenance costs associated with
this collection.
Authority: 44 U.S.C. 3501 et seq.
Dated: April 21, 2020.
Robert N. Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2020–08799 Filed 4–24–20; 8:45 am]
BILLING CODE 6351–01–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Revise
Collection 3038–0090
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

The Commodity Futures
Trading Commission (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 proposed extension of an
existing collection of information, and
to allow 60 days for public comment.
This notice solicits comments on the
recordkeeping obligations set forth in
certain aspects of certain of the
Commission’s recordkeeping
regulations.

SUMMARY:

Comments must be submitted on
or before June 26, 2020.
ADDRESSES: You may submit comments,
identified by ‘‘OMB Control No. 3038–
0090’’ by any of the following methods:
• The Agency’s website, at https://
comments.cftc.gov/. Follow the
instructions for submitting comments
through the website.

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• 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
https://www.cftc.gov.
FOR FURTHER INFORMATION CONTACT:
Lauren Bennett, Special Counsel,
Division of Swap Dealer and
Intermediary Oversight, Commodity
Futures Trading Commission, (202)
418–5290, 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 CFTC is publishing
notice of the proposed amendment to
the collection 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: Adaptation of Regulations to
Incorporate Swaps-Records of
Transactions; Exclusion of Utility
Operations Related Swaps with Utility
Special Entities From De minimis
Threshold for Swaps With Special
Entities (OMB Control No. 3038–0090).
This is a request for extension of a
currently approved information
collection.
Abstract: Title VII of the Dodd-Frank
Wall Street Reform and Consumer
Protection Act (Dodd-Frank Act, Pub L.
No. 111–203, 124 Stat. 1376 (2010))
amended the Commodity Exchange Act
(CEA) to establish a comprehensive new
statutory framework for swaps. These
amendments required the Commodity
Futures Trading Commission (‘‘the

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Commission’’) to amend several of its
regulations to implement the new
framework.
The information collection obligations
imposed by the ‘‘Adaptation of
Regulations to Incorporate Swaps’’ final
regulations 1 are necessary to implement
section 721 of the Dodd-Frank Act,
which amended the definitions of
futures commission merchant (‘‘FCM’’)
and introducing broker (‘‘IB’’) to permit
these intermediaries to trade swaps on
behalf of customers. They also are
necessary to implement section 733 of
the Dodd-Frank Act which introduced
swap execution facilities (‘‘SEFs’’) as a
new trading platform for swaps. As a
result of the enactment of sections 721
and 733, the Commission needed to
amend certain recordkeeping
regulations (1.31, 1.33, 1.35, 1.37, and
1.39) so that records of swap
transactions are maintained analogously
to how futures transactions are
maintained.
Further, the ‘‘Exclusion of Utility
Operations-Related Swaps With Utility
Special Entities From De Minimis
Threshold for Swaps With Special
Entities’’ 2 regulation amended the
Commission’s swap dealer definition to
permit a person to exclude ‘‘utility
operations-related swaps’’ with ‘‘utility
special entities’’ in their de minimis
threshold calculations. The regulation
requires a person claiming the exclusion
to maintain in accordance with
Commission regulation 1.31 any written
representations that the person receives
form utility special entities related to
this exclusion.
The information collection burdens
associated with these regulations
(collectively, the ‘‘Swap Recordkeeping
Requirements’’) are restricted to the
costs associated with the recordkeeping
and reporting requirements that these
regulations impose upon affected
registrants, registered entities, those
registered entities’ members, and other
respondents covered by the final rules.
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
1 Adaptation of Regulations to Incorporate Swaps,
77 FR 66288 (Nov. 2, 2012).
2 Exclusion of Utility Operations-Related Swaps
With Utility Special Entities From De Minimis
Threshold for Swaps With Special Entities, 79 FR
57767 (Sept. 26, 2014).

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Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Notices

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 § 145.9
of the Commission’s regulations.3
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

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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 futures commission
merchants, retail foreign exchange
dealers, introducing brokers, and
members of designated contract markets
and swap execution facilities. The
respondent burden for this collection is
estimated to be as follows: 4
Estimated Number of Respondents:
13,664.
Estimated Annual Burden Hours per
Respondent: 163.
Estimated Total Annual Burden
Hours: 2,233,722.
Frequency of Collection: As needed.
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: April 21, 2020.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2020–08837 Filed 4–24–20; 8:45 am]
BILLING CODE 6351–01–P
4 These estimates represent the aggregate burden
for all data associated with the Swap Recordkeeping
Requirements in the collection, namely Swap
Recordkeeping (Regulation 1.35), Swap
Confirmations (Regulation 1.33), and Utility Special
Entities (Regulation 1.3). Please refer to the
supporting statement for further explanation of
burdens associated with each regulatory
requirement.

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DEPARTMENT OF DEFENSE
Office of the Secretary
[Transmittal No. 20–10]

Arms Sales Notification
Defense Security Cooperation
Agency, Department of Defense.

AGENCY:
ACTION:

Arms sales notice.

The Department of Defense is
publishing the unclassified text of an
arms sales notification.

SUMMARY:

FOR FURTHER INFORMATION CONTACT:

Karma Job at [email protected]
or (703) 697–8976.
This
36(b)(1) arms sales notification is
published to fulfill the requirements of
section 155 of Public Law 104–164
dated July 21, 1996. The following is a
copy of a letter to the Speaker of the
House of Representatives, Transmittal
20–10 with attached Policy Justification
and Sensitivity of Technology.

SUPPLEMENTARY INFORMATION:

Dated: April 21, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.

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