Swap Recordkeeping Requirements

Forms and Documents

Document	Type	Status	Availability
Comment No. 114087 (filed 03-24-2026).pdf	Public Comments	Uploaded 2026-06-09	Available
2026 Supporting Statement 3038-0090.docx	Supporting Statement A	Uploaded 2026-06-08	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
211721	Exclusion of Utility Operations-Related Swaps with Utility Special Entities from De Minimis Threshold for Swaps with Special Entities		Modified
197643	Adaptation of Regulations to Incorporate Swaps-Records of Transactions		Modified

ICR Details

OMB Control No: 3038-0090	ICR Reference No: 202603-3038-002
Status: Received in OIRA	Previous ICR Reference No: 202303-3038-003
Agency/Subagency: CFTC	Agency Tracking No:
Title: Swap Recordkeeping Requirements
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: 06/11/2026

	Requested	Previously Approved
Expiration Date	36 Months From Approved	08/31/2026
Responses	17,386,420	9,651,896
Time Burden (Hours)	2,396,700	2,018,728
Cost Burden (Dollars)	0	0

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Abstract: The CFTC requests approval for the renewal of the information collections associated with the Swap Recordkeeping regulations under OMB Clearance No. 3038-0090. The information collection obligations imposed by the “Adaptation of Regulations to Incorporate Swaps” regulations are necessary to implement section 721 of the Dodd-Frank Act, which amended the definitions of futures commission merchant (“FCM”) and introducing broker (“IB”) to permit these intermediaries to trade swaps on behalf of customers. They also are necessary to implement section 733 of the Dodd-Frank Act which introduced swap execution facilities (“SEFs”) as a new trading platform for swaps. As a result of the enactment of sections 721 and 733, the Commission amended certain recordkeeping regulations (1.31, 1.33, 1.35, 1.37, and 1.39) so that records of swap transactions are maintained analogously to how futures transactions are maintained. Further, the “Exclusion of Utility Operations-Related Swaps With Utility Special Entities From De Minimis Threshold for Swaps With Special Entities” regulation amended the Commission’s swap dealer definition to permit a person to exclude “utility operations-related swaps” with “utility special entities” in their de minimis threshold calculations. The regulation requires a person claiming the exclusion to maintain in accordance with Commission regulation 1.31 any written representations that the person receives from utility special entities related to this exclusion.

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Authorizing Statute(s): US Code: 7 USC 6r, 6s, 7, 7a-1, 7a-2, 7b Name of Law: CEA
   US Code: 7 USC 7b-3, 8, 9, 10a, 12, 12a, 12c Name of Law: CEA
   PL: Pub.L. 111 - 203 124 Stat. 1376 (2010) Name of Law: Dodd - Frank Act
   US Code: 7 USC 13a, 13a-1, 16, 16a, 19, 21 Name of Law: CEA
   US Code: 7 USC 23 and 24 Name of Law: CEA
   US Code: 7 USC 6, 6a, 6b, 6c, 6d, 6e, 6f, 6g Name of Law: CEA
   US Code: 7 USC 1a, 2, 5 Name of Law: CEA
   US Code: 7 USC 6h, 6i, 6k, 6l, 6m, 6n, 6o, 6p 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:
	91 FR 14000	03/24/2026
30-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 35473	06/11/2026
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Adaptation of Regulations to Incorporate Swaps-Records of Transactions
Exclusion of Utility Operations-Related Swaps with Utility Special Entities from De Minimis Threshold for Swaps with Special Entities

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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	17,386,420	9,651,896	0	0	7,734,524	0
Annual Time Burden (Hours)	2,396,700	2,018,728	0	0	377,972	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: There are no program changes. The Commission is updating its burden estimates associated with the information collection under OMB Control No. 3038–0090 based on a review of available recent swap data and registrant information. Based on this review, the Commission has updated its burden estimates to reflect updated estimates of the number of respondents subject to the collection and the total number of swap-related filings submitted to the Commission during the prior renewal period. The total number of respondents has decreased during the renewal period. For IC 1 (Adaptation of Regulations to Incorporate Swap-Records of Transactions) the Commission’s estimate of 13,461 swap recordkeeping respondents for Regulation 1.35 (a decrease of 77 respondents from the prior estimate of 13,538) derives from combining the estimated number of FCMs (67 – increased from 60), IBs (890 – decreased from 974), RFEDs (4), DCM members (11,500), and SEF members (1,000) as of March 31, 2026 (see also fns. 4 and 6). In addition, the Commission’s estimate of the number of respondents for regulation 1.33 increased from 60 to 67 as the number of registered FCMs increased by 7. As a result, the number of respondents subject to the IC titled “Adaptation of Regulations to Incorporate Swaps-Records of Transactions” has decreased from 13,598 to 13,528 (70 respondents overall). For IC 2 (Exclusion of Utility Operations-Related Swaps with Utility Special Entities from De Minimis Threshold for Swaps with Special Entities), the Commission’s estimate as to the number of de minimis special entities, at 2,000, remains unchanged from prior renewals. Although there was a reduction in the overall number of estimated respondents, recent swap data indicates an increase in the number of swap transactions per year. This has yielded an increase in responses from 9,651,896 responses per year to 17,386,420 responses per year. As a result of this increase in responses, the total annual hours burden estimate for this collection has increased from 2,018,728 to 2,396,700.

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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: 06/11/2026

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