Regulation 16.02 - Daily Trade and Supporting Data Reports

Forms and Documents

Document Name	Status
2025 Supporting Statement 3038-0061.docx Supporting Statement A	2025-07-17

IC Document Collections

IC ID	Document Title	Status
187520	Regulation 16.02	Modified

ICR Details

OMB Control No: 3038-0061	ICR Reference No: 202504-3038-001
Status: Received in OIRA	Previous ICR Reference No: 202207-3038-012
Agency/Subagency: CFTC	Agency Tracking No:
Title: Regulation 16.02 - Daily Trade and Supporting Data Reports
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/22/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	09/30/2025
Responses	5,000	5,000
Time Burden (Hours)	10,000	10,000
Cost Burden (Dollars)	0	0

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Abstract: On July 21, 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) went into effect. Title VII of the Dodd-Frank Act amended the Commodity Exchange Act (“CEA”) to create a regulatory framework for swaps. Section 723 of Title VII amended Section 2 of the CEA to provide that rules adopted by the Commodity Futures Trading Commission (“Commission” or “CFTC”) to implement Section 2 shall provide for the reporting of data relating to both: (i) swaps entered into before the date of enactment of the Dodd-Frank Act, the terms of which have not expired as of the date of enactment of that Act (“pre-enactment swaps”) and (ii) swaps entered into on or after the date of enactment of the Dodd-Frank Act and prior to the compliance date specified in Commission swap data reporting rules implementing Section 2(h)(5)(B) (“transition swaps”). On June 12, 2012, the Commission adopted regulation 46, which imposes recordkeeping and reporting requirements relating to pre-enactment and transition swaps (collectively, “historical swaps”). This renewal addresses existing collections of information required by 17 CFR Part 46. CFTC regulation 46 imposes recordkeeping and reporting requirements, relating to historical swaps, on the following entities: swap dealers (“SDs”), major swap participants (“MSPs”), and counterparties to swaps who are neither SDs nor MSPs (“non-SD/MSP counterparties”). Section 46.2 requires affected entities to keep certain records relating to historical swaps; Section 46.3 requires affected entities to make an initial data report regarding historical swaps to a swap data repository (“SDR”) and make on-going reports to a SDR for certain historical swaps throughout the existence of the swaps; Section 46.11 requires affected entities to report errors and omissions in data previously reported regarding historical swaps to a SDR.

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Authorizing Statute(s): US Code: 7 USC 7, 7b-3
   US Code: 7 USC 2 Name of Law: Exempt Markets
   US Code: 7 USC 6a, 6c, 6g, 6i Name of Law: Exempt Markets
  

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:
	90 FR 19686	05/09/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 34485	07/22/2025
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
Regulation 16.02

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ICR Summary of Burden

	Total Request	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	5,000	5,000	0	0	0	0
Annual Time Burden (Hours)	10,000	10,000	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	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: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $3,433,960

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]? No

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: 07/22/2025

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