Section 2(h)(1)(A) of the Commodity Exchange Act requires certain entities to submit for clearing certain swaps if they are required to be cleared by the Commission. Section 2(h)(7)(a) provides that non-financial end-users using swaps to hedge or mitigate commercial risk may elect not to clear swaps that otherwise would be required to be cleared, if they satisfy certain conditions. Similarly, Rule 50.50 permits certain end-user entities to elect not to clear swaps that otherwise would be required to be cleared, provided that they satisfy certain conditions. The rule further requires the reporting of certain information if the exception is elected. This collection pertains to information the Commission needs to monitor use of the end-user exception, to prevent abuse of the end-user election, and to assess market risk in connection therewith.
The Commission has adjusted the estimated annual reporting hour burden as well as the annual reporting cost burden. The annual hour and cost burdens increased because the estimated numbers of respondents increased in the most recent time period reviewed.
Because the number of entities responding to this collection of information has increased from 1,200 to 1,930, the Commission updated the total annual reporting hour burden and the annual reporting cost burden to reflect the updated estimate for the number of respondents. As a result, the Commissionâs estimate of annual burden hours has increased from 696 to 1,119 annual burden hours.
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.