Real-Time Public Reporting

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
(0070) Justification for deletion of separate Block Trade IC-07-07-22.docx	Supplementary Document	Uploaded 2022-07-07	Repair queued
(2022) 30-day FR Notice for 3038-0070.pdf	Supplementary Document	Uploaded 2022-07-07	Repair queued
(2020) 60-day FR Notice - 3038-0070.pdf	Supplementary Document	Uploaded 2022-07-07	Repair queued
(2020) Supporting Statement for Part 43 Final Rule (3038-0070).docx	Supporting Statement A	Uploaded 2020-11-25	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
203388	Procedures to Establish Appropriate Minimum Block Sizes for Large Notional Off-Facility Swaps and Block Trades		Removed
195664	Real-Time Public Reporting		Modified

ICR Details

OMB Control No: 3038-0070	ICR Reference No: 202204-3038-001
Status: Historical Active	Previous ICR Reference No: 202111-3038-001
Agency/Subagency: CFTC	Agency Tracking No:
Title: Real-Time Public Reporting
Type of Information Collection: Reinstatement without change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/10/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 07/07/2022
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2025	36 Months From Approved
Responses	10,020,842	0	0
Time Burden (Hours)	771,831	0	0
Cost Burden (Dollars)	85,849,000	0	0

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Abstract: We are requesting the deletion of the Block Trades IC. The Block Trades IC should be deleted because it was merged into the Real Time Reporting IC, and updated in the November 25, 2020 final rulemaking referenced herein. The Commission’s current PRA estimates reflects that 1732 reporting counterparties incur an annual time-burden of 771,831 hours and annual burden cost of $85,849,000. The current IC is now referred to as Real Time Public Reporting. Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) added to the Commodity Exchange Act (CEA) new section 2(a)(13), which establishes standards and requirements related to real-time reporting and the public availability of swap transaction and pricing data. Section 2(a)(13) and part 43 of the Commission’s Regulations require reporting parties to publish real-time swap transactions and pricing data to the general public. Without the frequency of reporting set forth in part 43, the Commission would not be able to adequately assess the swap markets and, more importantly, would fail to achieve the frequency of reporting and promotion of increased price discovery in the swaps market which are mandated by the Dodd-Frank Act. The Commission’s regulations in part 43 require SEFs, DCMs, and reporting counterparties to report swap transaction and pricing data to SDRs and require SDRs to disseminate the swap transaction and pricing data to the public. The SDRs do not provide this data to the Commission directly. The Commission may, however, use the swap transaction and pricing data in connection with fulfilling any of its regulatory duties or for other purposes. This publicly-reported data is also available to all other regulators and to the public and they may use it for any purpose as they see fit. The swap transaction and pricing data is made public in order to increase the transparency of the swaps market for regulators and market participants.

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Authorizing Statute(s): PL: Pub.L. 111 - 203 124 Stat. 1376 (2010) Name of Law: Dodd-Frank Act
   US Code: 17 USC 2(a), 12a(5), and 24a Name of Law: CEA
  

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:
	85 FR 77437	12/02/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 40510	07/07/2022
Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

IC Title	Form No.	Form Name
Procedures to Establish Appropriate Minimum Block Sizes for Large Notional Off-Facility Swaps and Block Trades
Real-Time Public Reporting

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ICR Summary of Burden

table that charts list 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	10,020,842	0	0	0	-2,700,246	12,721,088
Annual Time Burden (Hours)	771,831	0	0	0	-57,332	829,163
Annual Cost Burden (Dollars)	85,849,000	0	0	0	-251,514,114	337,363,114

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: No

Burden Reduction Due to:

Short Statement: The Block Trades and Real Time Reporting IC were merged into one collection (Real Time Reporting), and updated in the November 25, 2020 final rulemaking (85 FR 75422). The Commission’s current PRA estimates reflects that 1732 reporting counterparties incur an annual time-burden of 771,831 hours and annual burden cost of $85,849,000. (See attached Supporting Statement).

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Annual Cost to Federal Government: $0

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 07/07/2022

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