[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Notices]
[Pages 57851-57852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23568]
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COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities Under OMB Review
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice.
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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
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 November 29, 2019.
ADDRESSES: Comments regarding the burden estimate or any other aspect
of the information collection, including suggestions for reducing the
burden, may be submitted directly to the Office of Information and
Regulatory Affairs (``OIRA'') in OMB within 30 days of this notice's
publication by either of the following methods. Please identify the
comments by ``OMB Control No. 3038-0085.''
By email addressed to: [email protected]; or
By mail addressed to: The Office of Information and
Regulatory Affairs, Office of Management and Budget, Attention Desk
Officer for the Commodity Futures Trading Commission, 725 17th Street
NW, Washington, DC 20503.
A copy of all comments submitted to OIRA should be sent to the
Commodity Futures Trading Commission (``Commission'') by any of the
following methods. The copies should refer to ``OMB Control No. 3038-
0085.''
By mail addressed to: Christopher Kirkpatrick, Secretary
of the Commission, Commodity Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street NW, Washington, DC 20581;
[[Page 57852]]
By Hand Delivery/Courier to the same address; or
Through the Commission's website at http://comments.cftc.gov. Please follow the instructions for submitting
comments through the website.
A copy of the supporting statement for the collection of
information discussed herein may be obtained by visiting http://RegInfo.gov.
All comments must be submitted in English, or if not, accompanied
by an English translation. Comments will be posted as received to
http://www.cftc.gov. You should submit 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, 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 http://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 the Freedom of
Information Act.
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\1\ 17 CFR 145.9.
FOR FURTHER INFORMATION CONTACT: Melissa D'Arcy, Special Counsel,
Division of Clearing and Risk, Commodity Futures Trading Commission,
Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581;
(202) 418-5086; email: [email protected], and refer to ``OMB Control No.
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3038-0085.''
SUPPLEMENTARY INFORMATION:
Title: ``Rule 50.50 End-User Notification of Non-Cleared Swap,''
(OMB Control No. 3038-0085). This is a request for an extension and
revision of a currently approved information collection.
Abstract: The Dodd-Frank Wall Street Reform and Consumer Protection
Act (``Dodd-Frank Act'') amended Section 2(h)(1) of the Commodity
Exchange Act (``CEA'') to provide that it shall be unlawful for any
person to engage in a swap unless that person submits such swap for
clearing to a derivatives clearing organization if the swap is required
to be cleared. However, Section 2(h)(7) of the CEA, as added by the
Dodd-Frank Act, also provides that a swap otherwise subject to the
clearing requirement is eligible for an elective exception from
clearing if one party to the swap is not a financial entity, is using
swaps to hedge or mitigate commercial risk, and notifies the
Commission, in a manner set forth by the Commission, how it generally
meets its financial obligations associated with entering into non-
cleared swaps (``End-User Exception'').
The Commission adopted Commission regulation 39.6 to specify
requirements for electing the End-User Exception, including the
reporting of certain information to a registered swap data repository
(``SDR'') or the Commission. Following the publication of Commission
regulation 39.6, the Commission recodified it as Commission regulation
50.50 (17 CFR 50.50). The information reported and collected under
Commission regulation 50.50 is necessary as part of the overall package
of swap-related information that must generally be submitted by
reporting counterparties to SDRs under the Dodd-Frank Act. The
Commission uses this information to assess and monitor the market
participants electing the End-User Exception to the swap clearing
requirement in order to prevent evasion of the clearing requirement. 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.
On August 22, 2019, 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, 84 FR 43795 (``60-Day Notice''). The Commission received no
comments in response to the 60-Day Notice. Accordingly, the Commission
continues to believe that the burden estimates published in the 60-Day
Notice are appropriate.
Burden Statement: The respondent burden for this collection is
estimated to be as follows:
Respondents/Affected Entities: Eligible entities electing the End-
User Exception under Commission regulation 50.50.
Estimated Number of Respondents: 1,600.
Estimated Average Burden Hours per Respondent: 0.58 hours.
Estimated Total Annual Burden Hours: 928 hours.\2\
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\2\ 1,600 x . 58 hour = 928 (the estimated total annual burden
hours).
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Frequency of Collection: On occasion; annually.
There are no capital costs or operating and maintenance costs
associated with this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: October 24, 2019.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2019-23568 Filed 10-28-19; 8:45 am]
BILLING CODE 6351-01-P