Process for Review of Swaps for Mandatory Clearing

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
2026 Supporting Statement 3038-0097.docx	Supporting Statement A	Uploaded 2026-10-22	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
195102	Process for Review of Swaps for Mandatory Clearing		Modified

ICR Details

OMB Control No: 3038-0097	ICR Reference No: 202610-3038-001
Status: Received in OIRA	Previous ICR Reference No: 202306-3038-004
Agency/Subagency: CFTC	Agency Tracking No:
Title: Process for Review of Swaps for Mandatory Clearing
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: 10/22/2026

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2026
Responses	24	15
Time Burden (Hours)	960	600
Cost Burden (Dollars)	0	0

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Abstract: The Commodity Exchange Act and Commission regulations require a derivatives clearing organization (“DCO”) that wishes to accept a swap for clearing to be eligible to clear the swap and to submit the swap to the Commission for a determination as to whether the swap is required to be cleared. Commission Regulation 39.5 sets forth the process for these submissions. The information collected is analyzed by Commission staff to determine whether a DCO that wishes to accept a swap for clearing is eligible to clear the swap and whether the swap should be required to be cleared. The information collected is necessary for the Commission to conduct its review.

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Authorizing Statute(s): US Code: 7 USC a-1 Name of Law: Derivatives Clearing Organizations
  

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 47225	07/28/2026
30-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 66690	10/22/2026
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Process for Review of Swaps for Mandatory Clearing

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ICR Summary of Burden

table that charts list 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	24	15	0	9	0	0
Annual Time Burden (Hours)	960	600	0	0	360	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, but the Commission has updated its burden estimates based on changes in the total number of respondents and number of records subject to the collection. The total number of respondents for this renewal period is estimated to be 24 (this represents an increase of nine respondents from the previous estimate of fifteen). As a result of this increase, the overall burden of this collection has increased from 600 annual burden hours to 960 burden hours (an increase of 360 hours). The Commission has also updated its estimate of associated hourly labor costs using (a) updated Bureau of Labor Statistics wage rates, (b) a multiplier of 2.5 to account for retirement, health, and other benefits or compensation, as well as for office space, computer equipment support, and human resources support; and (c) a multiplier of 1.04977 to account for the change in the Consumer Price Index for Urban Wage-Earners and Clerical Workers from May 2025 to May 2026. Accordingly, total annual burden hour costs has increased by $158,559.60 from $212,730 to $371,289.60, due to an increase in the estimated total average hour burden costs per respondent.

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Annual Cost to Federal Government: $25,646

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.     Yes

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: 10/22/2026

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