On April 3, 2012 the Commission adopted Commission regulations 23.600 (Risk Management Program), 23.601 (Monitoring of Position Limits), 23.602 (Diligent Supervision), 23.603 (Business Continuity and Disaster Recovery) 23.606 (General Information: Availability for Disclosure and Inspection), and 23.607 (Antitrust Considerations) pursuant to section 4s(j) of the Commodity Exchange Act (âCEAâ). The above regulations adopted by the Commission would, among other things, require swap dealers (âSDâ) and major swap participants (âMSPâ) to develop a risk management program (including a plan for business continuity and disaster recovery and policies and procedures designed to ensure compliance with applicable position limits). The Commission believes that the information collection obligations imposed by the above regulations are essential to ensuring that swap dealers and major swap participants maintain adequate and effective risk management programs and policies and procedures to ensure compliance with position limits.
In light of the current number of Commission-registered SDs, the total number of respondents has decreased from 107 to 106, which reduces the total burden by 1043 hours and results in a decrease of $104,300 in total respondent costs since the last renewal. There are currently no Commission registered MSPs. The changes mostly occur in the estimated burden and cost per respondent. The estimated burden increased from 1,148.5 hours to 1,149.5 hours per respondent, and the cost increased from $114,850 to $114,950 per respondent. These increases reflect the separation of the âfiling of emergency contact informationâ and âdocumenting business continuity testing and auditâ requirements. In the prior renewal, estimated burden and cost calculations were combined for these two requirements and treated as one requirement. Since the filing of emergency contact information is a reporting requirement and the documentation of business continuity testing and audit is a recordkeeping requirement, separating these requirements provides a more accurate burden calculation for these two requirements.
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:
(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;
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.
(2025)-30-Day FR Notice-3038-0084.pdf
(2025) Supporting Statement - 3038-0084 5.08.25. final .docx
Regulation Establishing and Governing the Duties of Swap Dealers and Major Swap Dealers