60-Day Federal Register Notice

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Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Notices
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:
Isabella Bergstein, Attorney Adviser,
Division of Data Policy, Commodity
Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581; (202) 993–1384;
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.1
Title: Swap Data Recordkeeping and
Reporting Requirements: Reenactment
and Transition Swaps (OMB Control No.
3038–0089). This is a request for an
extension of a currently approved
information collection.
Abstract: Sections 4r(a)(2)(A) and
2(h)(5) of the Commodity Exchange Act
requires the reporting of pre-enactment
and transition swaps. Regulations 46.2,
46.3, and 46.11 establish reporting
requirements that are mandated by 4r
and 2(h) and, thus, are necessary to
implement the objectives of 4r and 2(h).
Regulation 46.2 establishes swap
counterparties’ recordkeeping
requirements for pre-enactment and
transition swaps. Regulation 46.3
establishes reporting requirements for
uncleared pre-enactment or transition
swaps in existence on or after April 25,
2011, and throughout the existence of
1 The OMB control numbers for the CFTC
regulations were published on December 30, 1981.
See 46 FR 63035 (Dec. 30, 1981).

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the swap.2 Regulation 46.11 addresses
the reporting of errors and omission in
previously reported data. The data
required to be compiled and maintained
pursuant to the Part 46 regulations
would be used by the Commission and
other financial regulators for fulfillment
of various regulatory mandates. The
collection of information is needed to
ensure that the CFTC and other
regulators have access to data regarding
pre-enactment and transition swaps, as
required by the Commodity Exchange
Act as amended by the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (‘‘Dodd-Frank Act’’). 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 for 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.
2 See 17 CFR part 46.1 (defining ‘‘pre-enactment
swap’’ as any swap entered into prior to enactment
of the Dodd-Frank Act of 2010 (July 21, 2010), the
terms of which have not expired as of the date of
enactment of that Act, and ‘‘transition swap’’ as any
swap entered into on or after the enactment of the
Dodd-Frank Act of 2010 (July 21, 2010) and prior
to the applicable compliance date on which a
registered entity or swap counterparty subject to the
jurisdiction of the Commission is required to
commence full compliance with all provisions of
part 46).
3 See 17 CFR 145.9.

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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
estimates that the respondent burden for
this collection is as follows:
• Recordkeeping:
Estimated Number of Respondents:
30,108.
Estimated Average Burden Hours per
Respondent: 69.5 hours.
Estimated Total Annual Burden
Hours: 13,506 hours.
Frequency of Collection: 1.
• Reporting:
Estimated Number of Respondents:
608.
Estimated Average Burden Hours per
Respondent: 5.64 hours.
Estimated Total Annual Burden
Hours: 860 hours.
Frequency of Collection: Daily.
• Total Annual Burden for the
Collection: 14,366 hours.
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: April 20, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022–08789 Filed 4–25–22; 8:45 am]
BILLING CODE 6351–01–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Extend
Collection Number 3038–0080: Annual
Report for Chief Compliance Officer of
Registrants
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

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

SUMMARY:

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Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Notices

comments on the collections of
information mandated by Commission
Regulation 3.3 (Chief Compliance
Officer).
DATES: Comments must be submitted on
or before June 27, 2022.
ADDRESSES: You may submit comments,
identified by ‘‘OMB Control No. 3038–
0080’’ by any of the following methods:
• The Agency’s website, at https://
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
https://www.cftc.gov.
FOR FURTHER INFORMATION CONTACT:
Christopher Cummings, Special
Counsel, Market Participants Division,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581; (202) 418–5445; 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: Annual Report for Chief
Compliance Officer of Registrants (OMB
Control No. 3038–0080). This is a

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request for an extension of a currently
approved information collection.
Abstract: On April 3, 2012, the
Commission adopted Regulation 3.3
(Chief Compliance Officer) 1 under
sections 4d(d) and 4s(k) 2 of the
Commodity Exchange Act (‘‘CEA’’).
Commission Regulation 3.3 requires
each futures commission merchant
(‘‘FCM’’), swap dealer (‘‘SD’’), and major
swap participant (‘‘MSP’’) to designate,
by filing a Form 8–R, a chief compliance
officer who is responsible for
developing and administering policies
and procedures that fulfill certain duties
of the SD, MSP, or FCM and that are
reasonably designed to ensure the
registrant’s compliance with the CEA
and Commission regulations;
establishing procedures for the
remediation of noncompliance issues
identified by the chief compliance
officer; establishing procedures for the
handling, management response,
remediation, retesting, and closing of
noncompliance issues; preparing,
signing, certifying and filing with the
Commission an annual compliance
report that contains the information
specified in the regulations; amending
the annual report if material errors or
omissions are identified; and
maintaining records of the registrant’s
compliance policies and procedures and
records related to the annual report. The
information collection obligations
imposed by Commission Regulation 3.3
are essential to ensuring that FCMs,
SDs, and MSPs maintain comprehensive
policies and procedures that promote
compliance with the CEA and
Commission regulations. In particular,
the Commission believes that, among
other things, these obligations (i)
promote compliance behavior through
periodic self-evaluation, (ii) inform the
Commission of possible compliance
weaknesses, (iii) assist the Commission
in determining whether the registrant
remains in compliance with the CEA
and Commission regulations, and (iv)
help the Commission to assess whether
the registrant has mechanisms in place
to adequately address compliance
problems that could lead to a failure of
the registrant.
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 for 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 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 to reflect the current
number of respondents and estimated
burden hours. The respondent burden
for this collection is estimated to be as
follows:
Number of Registrants: 166.
Estimated Average Burden Hours per
Registrant: 1006.
Estimated Aggregate Burden Hours:
166,966.
Frequency of Recordkeeping:
Annually or on occasion.
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: April 20, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022–08788 Filed 4–25–22; 8:45 am]
BILLING CODE 6351–01–P

1 17

CFR 3.3.
2 7 U.S.C. 6d(d) and 6s(k).

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CFR 145.9.

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