2018-20949. 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 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 October 26, 2018.

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. 3038-0069.”

• By email addressed to: [e-mail] 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 (the “Commission”) by either of the following methods. The copies should refer to “OMB Control No. 3038-0069.”

• By mail addressed to: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581;
• 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 § 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.

FOR FURTHER INFORMATION CONTACT:

Eileen Chotiner, Senior Compliance Analyst, Division of Clearing and Risk, Commodity Futures Trading Commission, [phone]; email: [e-mail], and refer to OMB Control No. 3038-0069.

SUPPLEMENTARY INFORMATION:

Title: “Information Management Requirements for Derivatives Clearing Organizations,” (OMB Control No. 3038-0069). This is a request for extension and revision of a currently approved information collection.

Abstract: Part 39 of the Commission's regulations establishes information management requirements for registered DCOs. The Commission will use the information in this collection to assess compliance of DCOs with requirements for DCOs prescribed in the Commodity Exchange Act and Commission regulations. 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 July 24, 2018, 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, 83 FR 34986 (“60-Day Notice”). The Commission received no relevant comments on the 60-Day Notice.

Burden Statement: The Commission is revising its estimate of the burden for this collection for 16 registered DCOs. The respondent burden for this collection is estimated to be as follows:

1. Collection 3038-0069—Daily Reporting Requirements for Derivatives Clearing Organizations (Regulation 39.19)

Estimated number of respondents per year	Reports annually by each	Total annual responses	Estimated average number of hours per response	Estimated total annual burden hours
16	250	4000	0.1	2 400

2. Collection 3038-0069—Annual Reporting Requirement for Derivatives Clearing Organizations (Regulation 39.19).

Estimated number of respondents per year	Reports annually by each	Total annual responses	Estimated average number of hours per response	Estimated total annual burden hours
16	1	16	2606	3 41,696

3. Event-specific reporting Requirements for Derivatives Clearing Organizations (Regulation 39.19).

Estimated number of respondents per year	Reports annually by each	Total annual responses	Estimated average number of hours per response	Estimated total annual burden hours
16	4	64	5.6	4 358.4

4. Collection 3038-0069—Recordkeeping Requirements for Derivatives Clearing Organizations.

Estimated number of respondents per year	Reports annually by each	Total annual responses	Estimated average number of hours per response	Estimated total annual burden hours
16	1	16	100	1600

Respondents/Affected Entities: Derivatives clearing organizations (DCOs).

Estimated annual number of respondents: 16.^[5]

Estimated average burden hours per response: 10.^[6]

Annual responses by each respondent: 256.

Estimated total annual burden hours: 44,054.

Frequency of Collection: Daily, annually and 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: September 21, 2018.

Robert Sidman,

Deputy Secretary of the Commission.

Footnotes

1.  17 CFR 145.9.

2.  16 respondents × 250 annual responses per respondent = 4000 total responses, × 0.1 hours per response = 400 total annual burden hours.

3.  16 respondents × 1 annual response per respondent = 16 total responses, × 2606 hours per response = 41,696 total annual burden hours.

4.  16 respondents × 4 annual responses per respondent = 64 total responses, × 5.6 hours per response = 358.4 total annual burden hours.

5.  Includes 16 currently registered DCOs (an increase of 2 since the last extension).

6.  Since burden hours vary widely within the collection (see above tables), this is the average of burden hours per response for the collection as a whole (aggregate of 2661.7 hours per response/aggregate of 260 responses = 10.24 hours, rounded to 10).