Agency Information Collection Activities Under OMB Review, 19472-19473 [2025-08063]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 19472 Federal Register / Vol. 90, No. 88 / Thursday, May 8, 2025 / Notices submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA, 44 U.S.C. 3506(c)(2)(A), requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, the Commission is publishing notice of the proposed extension of the existing collection of information listed below. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Title: Core Principles & Other Requirements for DCMs (OMB Control No. 3038–0052). This is a request for a revision and extension of a currently approved information collection. Abstract: Part 38 of the Commission’s regulations governs the activities of DCMs. The information collected pursuant to Part 38 is necessary for the Commission to evaluate whether entities operating as, or applying to become, DCMs comply with the part 38 and other Commission requirements and the CEA’s statutory requirements. In general, OMB Control Number 3038–0052 covers all information collections in part 38, including subpart A and the DCM core principles (i.e., subparts B through X) as well as the related appendices thereto (i.e., Appendix A—Form DCM; Appendix B—Guidance on, and Acceptable Practices in, Compliance with Core Principles; and Appendix C— Demonstration of Compliance That a Contract Is Not Readily Susceptible to Manipulation). Further, this OMB control number, 3038–0052, includes all information collections related to part 9 (‘‘Rules Relating to Review of Exchange Disciplinary, Access Denial or Other Adverse Actions’) to the extent part 9 is applicable to DCMs. This collection also includes the requirements under regulation 38.251(g) in connection with the reporting of specific market disruption events to the Commission. The collection also includes information collection requirements under regulation 1.52 regarding the Enhanced Protections Afforded Customer and Customer Funds Held by Futures Clearing Merchants and Derivatives Clearing Organizations for DCMs.1 Additionally, this control number includes collections under 1 The Commission notes that § 38.605 incorporates and references § 1.52. VerDate Sep<11>2014 18:48 May 07, 2025 Jkt 265001 regulation 38.1051(n) that relate to system safeguards and cybersecurity testing requirements and requires DCMs to provide the Commission with annual trading volume information. For the majority of collections under OMB control number 3038–0052, the Commission notes that the number of registered, active DCMs has increased from 16 to 18. This increase in the number of registered DCMs has increased the estimated information collection burdens for OMB control number 3038–0052, as shown below. With respect to the collection of information, the CFTC invites comments on: • Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have a practical use; • The accuracy of the Commission’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Ways to enhance the quality, usefulness, and clarity of the information to be collected; and • Ways to minimize the burden of collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology; e.g., permitting electronic submission of responses. All comments must be submitted in English, or if not, accompanied by an English translation. Comments will be posted as received to https:// www.cftc.gov. You should submit only information that you wish to make available publicly. If you wish for the Commission to consider information that you believe is exempt from disclosure under the Freedom of Information Act, a petition for confidential treatment of the exempt information may be submitted according to the procedures established in § 145.9 of the Commission’s regulations.2 The Commission reserves the right, but shall have no obligation, to review, pre-screen, filter, redact, refuse or remove any or all of your submission from https://www.cftc.gov that it may deem to be inappropriate for publication, such as obscene language. All submissions that have been redacted or removed that contain comments on the merits of the Information Collection Request will be retained in the public comment file and will be considered as required under the Administrative Procedure Act and other applicable 2 17 PO 00000 CFR 145.9. Frm 00010 Fmt 4703 Sfmt 4703 laws, and may be accessible under the Freedom of Information Act. Burden Statement: The Commission is revising its estimate of the burden for this collection. The respondent burden for this collection is estimated to be as follows: Total Estimated Burden for Information Collection 3038–0052 Estimated number of respondents: 18. Estimated total annual number of responses: 8,364 (rounded). Estimated total annual burden hours: 11,802 (rounded). Estimated total annual burden cost: $1,147,642. Frequency of Collection: On occasion. There are no capital costs or operating and maintenance costs associated with this collection. (Authority: 44 U.S.C. 3501 et seq.) Dated: May 5, 2025. Robert Sidman, Deputy Secretary of the Commission. [FR Doc. 2025–08073 Filed 5–7–25; 8:45 am] BILLING CODE 6351–01–P COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities Under OMB Review Commodity Futures Trading Commission. ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act of 1995 (‘‘PRA’’), this notice announces that the Information Collection Request (‘‘ICR’’) abstracted below has been forwarded to the Office of Information and Regulatory Affairs (‘‘OIRA’’), of the Office of Management and Budget (‘‘OMB’’), for review and comment. The ICR describes the nature of the information collection and its expected costs and burden. DATES: Comments must be submitted on or before June 9, 2025. ADDRESSES: Written comments and recommendations for the proposed information collection should be submitted within 30 days of this notice’s publication to OIRA, at https:// www.reginfo.gov/public/do/PRAMain. Please find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the website’s search function. Comments can be entered electronically by clicking on the ‘‘comment’’ button next to the information collection on the ‘‘OIRA Information Collections Under Review’’ page, or the ‘‘View ICR—Agency SUMMARY: U:\08MYN1.SGM 08MYN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 90, No. 88 / Thursday, May 8, 2025 / Notices Submission’’ page. A copy of the supporting statement for the collection of information discussed herein may be obtained by visiting https:// www.reginfo.gov/public/do/PRAMain. In addition to the submission of comments to https://Reginfo.gov as indicated above, a copy of all comments submitted to OIRA may also be submitted to the Commodity Futures Trading Commission (the ‘‘Commission’’ or ‘‘CFTC’’) by clicking on the ‘‘Submit Comment’’ box next to the descriptive entry for OMB Control No. 3038–0075, at https:// comments.cftc.gov/FederalRegister/ PublicInfo.aspx. Or by either of the following methods: • Mail: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581. • Hand Delivery/Courier: Same as Mail above. All comments must be submitted in English, or if not, accompanied by an English translation. Comments submitted to the Commission should include only information that you wish to make available publicly. If you wish the Commission to consider information that you believe is exempt from disclosure under the Freedom of Information Act (‘‘FOIA’’), a petition for confidential treatment of the exempt information may be submitted according to the procedures established in § 145.9 of the Commission’s regulations.1 The Commission reserves the right, but shall have no obligation, to review, prescreen, filter, redact, refuse or remove any or all of your submission from https://www.cftc.gov that it may deem to be inappropriate for publication, such as obscene language. All submissions that have been redacted or removed that contain comments on the merits of the ICR will be retained in the public comment file and will be considered as required under the Administrative Procedure Act and other applicable laws, and may be accessible under FOIA. FOR FURTHER INFORMATION CONTACT: Catherine Brescia, Attorney Advisor, Market Participants Division, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581; (202) 418–6236; email: cbrescia@ cftc.gov. SUPPLEMENTARY INFORMATION: Title: Protection of Collateral of Counterparties to Uncleared Swaps; 1 17 CFR 145.9, 74 FR 17395 (Apr. 15, 2009). VerDate Sep<11>2014 18:48 May 07, 2025 Jkt 265001 Treatment of Securities in a Portfolio Margining Account in a Commodity Broker Bankruptcy (OMB Control No. 3038–0075). This is a request for an extension of a currently approved information collection. Abstract: Section 4s(l) of the Commodity Exchange Act requires swap dealers (‘‘SDs’’) and major swap participants (‘‘MSPs’’) to notify uncleared swap counterparties that they have the right to require that any initial margin the counterparty provides in connection with such transaction be segregated, and to report quarterly to counterparties who have not requested segregated accounts that the back office procedures of the SD or MSP relating to margin and collateral comply with the agreement of the counterparties. Regulations 23.701 and 23.704 establish reporting requirements that are mandated by Section 4s(l) and, thus, are necessary to implement the objectives of Section 4s(l). Regulation 23.701 requires that the SD or MSP notify the counterparty at the beginning of the swap trading relationship of the counterparty’s right to require segregation of initial margin, and to permit the counterparty to change that election by written notice to the SD or MSP. Regulation 23.704 requires that, in certain circumstances, an SD or MSP must report to the counterparty, on a quarterly basis, that the back-office procedures of the SD or MSP relating to margin and collateral requirements are in compliance with the agreement of the counterparties. The data required to be compiled and maintained pursuant to Regulations 23.701 and 23.704 would be used by uncleared swap counterparties (and, in some instances, the CFTC and self-regulatory organizations). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.2 On February 3, 2025, the Commission published in the Federal Register notice of the proposed extension of this information collection and provided 60 days for public comment on the proposed extension, 90 FR 8793 (‘‘60-Day Notice’’). The Commission did not receive any relevant comments on the 60-Day Notice. Burden Statement: The Commission is revising its estimate of the burden for this collection to reflect the current number of registered SDs. There are currently no registered MSPs. The 2 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 1320.8(b)(3)(vi). See also 46 FR 63035 (Dec. 30, 1981). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 19473 respondent burden for this collection is estimated to be as follows: • Regulation 23.701: Estimated Number of Respondents: 106. Estimated Average Burden Hours per Respondent: 600 hours. Estimated Total Annual Burden Hours: 63,600 hours. Frequency of Collection: Beginning of the swap trading relationship with a counterparty. • Regulation 23.704: Estimated Number of Respondents: 106. Estimated Average Burden Hours per Respondent: 806 hours. Estimated Total Annual Burden Hours: 85,436 hours. Frequency of Collection: Quarterly (4 times per year). Total Annual Burden for the Collection: 149,036 hours. There are no capital costs or operating and maintenance costs associated with this collection. (Authority: 44 U.S.C. 3501 et seq.) Dated: May 5, 2025. Robert Sidman, Deputy Secretary of the Commission. [FR Doc. 2025–08063 Filed 5–7–25; 8:45 am] BILLING CODE 6351–01–P COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities Under OMB Review Commodity Futures Trading Commission. ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act of 1995 (‘‘PRA’’), this notice announces that the Information Collection Request (‘‘ICR’’) abstracted below has been forwarded to the Office of Information and Regulatory Affairs (‘‘OIRA’’), of the Office of Management and Budget (‘‘OMB’’), for review and comment. The ICR describes the nature of the information collection and its expected costs and burden. DATES: Comments must be submitted on or before June 9, 2025. ADDRESSES: Written comments and recommendations for the proposed information collection should be submitted within 30 days of this notice’s publication to OIRA, at https:// www.reginfo.gov/public/do/PRAMain. Please find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the website’s search function. Comments can be SUMMARY: U:\08MYN1.SGM 08MYN1

Agencies

[Federal Register Volume 90, Number 88 (Thursday, May 8, 2025)]
[Notices]
[Pages 19472-19473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08063]


-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities Under OMB Review

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 
(``PRA''), this notice announces that the Information Collection 
Request (``ICR'') abstracted below has been forwarded to the Office of 
Information and Regulatory Affairs (``OIRA''), of the Office of 
Management and Budget (``OMB''), for review and comment. The ICR 
describes the nature of the information collection and its expected 
costs and burden.

DATES: Comments must be submitted on or before June 9, 2025.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be submitted within 30 days of this 
notice's publication to OIRA, at https://www.reginfo.gov/public/do/PRAMain. Please find this particular information collection by 
selecting ``Currently under 30-day Review--Open for Public Comments'' 
or by using the website's search function. Comments can be entered 
electronically by clicking on the ``comment'' button next to the 
information collection on the ``OIRA Information Collections Under 
Review'' page, or the ``View ICR--Agency

[[Page 19473]]

Submission'' page. A copy of the supporting statement for the 
collection of information discussed herein may be obtained by visiting 
https://www.reginfo.gov/public/do/PRAMain.
    In addition to the submission of comments to https://Reginfo.gov as 
indicated above, a copy of all comments submitted to OIRA may also be 
submitted to the Commodity Futures Trading Commission (the 
``Commission'' or ``CFTC'') by clicking on the ``Submit Comment'' box 
next to the descriptive entry for OMB Control No. 3038-0075, at https://comments.cftc.gov/FederalRegister/PublicInfo.aspx.
    Or by either of the following methods:
     Mail: Christopher Kirkpatrick, Secretary of the 
Commission, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1155 21st Street NW, Washington, DC 20581.
     Hand Delivery/Courier: Same as Mail above.
    All comments must be submitted in English, or if not, accompanied 
by an English translation. Comments submitted to the Commission should 
include only information that you wish to make available publicly. If 
you wish the Commission to consider information that you believe is 
exempt from disclosure under the Freedom of Information Act (``FOIA''), 
a petition for confidential treatment of the exempt information may be 
submitted according to the procedures established in Sec.  145.9 of the 
Commission's regulations.\1\ The Commission reserves the right, but 
shall have no obligation, to review, pre-screen, filter, redact, refuse 
or remove any or all of your submission from https://www.cftc.gov that 
it may deem to be inappropriate for publication, such as obscene 
language. All submissions that have been redacted or removed that 
contain comments on the merits of the ICR will be retained in the 
public comment file and will be considered as required under the 
Administrative Procedure Act and other applicable laws, and may be 
accessible under FOIA.
---------------------------------------------------------------------------

    \1\ 17 CFR 145.9, 74 FR 17395 (Apr. 15, 2009).

FOR FURTHER INFORMATION CONTACT: Catherine Brescia, Attorney Advisor, 
Market Participants Division, Commodity Futures Trading Commission, 
Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581; 
---------------------------------------------------------------------------
(202) 418-6236; email: [email protected].

SUPPLEMENTARY INFORMATION: 
    Title: Protection of Collateral of Counterparties to Uncleared 
Swaps; Treatment of Securities in a Portfolio Margining Account in a 
Commodity Broker Bankruptcy (OMB Control No. 3038-0075). This is a 
request for an extension of a currently approved information 
collection.
    Abstract: Section 4s(l) of the Commodity Exchange Act requires swap 
dealers (``SDs'') and major swap participants (``MSPs'') to notify 
uncleared swap counterparties that they have the right to require that 
any initial margin the counterparty provides in connection with such 
transaction be segregated, and to report quarterly to counterparties 
who have not requested segregated accounts that the back office 
procedures of the SD or MSP relating to margin and collateral comply 
with the agreement of the counterparties.
    Regulations 23.701 and 23.704 establish reporting requirements that 
are mandated by Section 4s(l) and, thus, are necessary to implement the 
objectives of Section 4s(l). Regulation 23.701 requires that the SD or 
MSP notify the counterparty at the beginning of the swap trading 
relationship of the counterparty's right to require segregation of 
initial margin, and to permit the counterparty to change that election 
by written notice to the SD or MSP. Regulation 23.704 requires that, in 
certain circumstances, an SD or MSP must report to the counterparty, on 
a quarterly basis, that the back-office procedures of the SD or MSP 
relating to margin and collateral requirements are in compliance with 
the agreement of the counterparties. The data required to be compiled 
and maintained pursuant to Regulations 23.701 and 23.704 would be used 
by uncleared swap counterparties (and, in some instances, the CFTC and 
self-regulatory organizations).
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number.\2\ On February 3, 2025, the 
Commission published in the Federal Register notice of the proposed 
extension of this information collection and provided 60 days for 
public comment on the proposed extension, 90 FR 8793 (``60-Day 
Notice''). The Commission did not receive any relevant comments on the 
60-Day Notice.
---------------------------------------------------------------------------

    \2\ 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 1320.8(b)(3)(vi). 
See also 46 FR 63035 (Dec. 30, 1981).
---------------------------------------------------------------------------

    Burden Statement: The Commission is revising its estimate of the 
burden for this collection to reflect the current number of registered 
SDs. There are currently no registered MSPs. The respondent burden for 
this collection is estimated to be as follows:
     Regulation 23.701:
    Estimated Number of Respondents: 106.
    Estimated Average Burden Hours per Respondent: 600 hours.
    Estimated Total Annual Burden Hours: 63,600 hours.
    Frequency of Collection: Beginning of the swap trading relationship 
with a counterparty.
     Regulation 23.704:
    Estimated Number of Respondents: 106.
    Estimated Average Burden Hours per Respondent: 806 hours.
    Estimated Total Annual Burden Hours: 85,436 hours.
    Frequency of Collection: Quarterly (4 times per year).
    Total Annual Burden for the Collection: 149,036 hours.
    There are no capital costs or operating and maintenance costs 
associated with this collection.

(Authority: 44 U.S.C. 3501 et seq.)

    Dated: May 5, 2025.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2025-08063 Filed 5-7-25; 8:45 am]
BILLING CODE 6351-01-P


OSZAR »
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.