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