Commodity Futures Trading Commission May 15, 2015 – Federal Register Recent Federal Regulation Documents

The Commodity Futures Trading Commission (``CFTC'' or ``Commission'') is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (``PRA''), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information and to allow 60 days for public comment. The Commission adopted final rules, which prohibit swap dealers (``SDs'') and major swap participants (``MSPs'') from interfering or attempting to influence the decisions of affiliated future commission merchants (``FCMs'') with regard to the provision of clearing services and activities and prohibit FCMs from permitting them to do so. The Commission also adopted rules to prohibit SDs and MSPs from adopting any process or taking any action that results in any unreasonable restraint on trade or imposes any material anticompetitive burden on trading or clearing, unless necessary or appropriate to achieve the purposes of the Commodity Exchange Act. The Commission adopted further rules requiring that derivatives clearing organization (``DCO'') rules provide for the non-discriminatory clearing of swaps executed bilaterally or through an unaffiliated designated contract market or swap execution facility. This notice solicits comments on the obligation to maintain records related to clearing documentation between the customer and the customer's clearing member.