Agency Information Collection Activities: Notice of Intent To Renew Collection Numbers 3038-0068, 3038-0083, and 3038-0088: Confirmation, Portfolio Reconciliation, Portfolio Compression, and Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants, 10175-10176 [2022-03829]

Download as PDF Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices (Authority: 16 U.S.C. 1531 et seq.; 16 U.S.C. 742a et seq.) Dated: February 17, 2022. Ngagne Jafnar Gueye, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–03834 Filed 2–22–22; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB823] Pacific Bluefin Tuna United States Stakeholder Meeting; Meeting Announcement National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. AGENCY: NMFS announces a public meeting to discuss a Pacific bluefin tuna (PBF) long-term harvest strategy. This meeting is intended to prepare for potential discussions at the 2022 meeting of the Joint Inter-American Tropical Tuna Commission (IATTC)— Western and Central Pacific Fisheries Commission (WCPFC) Northern Committee (NC) Working Group on a long-term harvest strategy for PBF fisheries across the Pacific Ocean. The meeting topics are described under the SUPPLEMENTARY INFORMATION section of this notice. DATES: The virtual meeting will be held on April 1, 2022, from 12 p.m. to 4 p.m. PST (or until business is concluded). You must complete the registration process by March 23, 2022, if you plan to attend the meeting (see ADDRESSES). Members of the public may submit written comments on meeting topics or materials to Celia Barroso at celia.barroso@noaa.gov by March 23, 2022, and may also provide oral comments during the virtual meeting. ADDRESSES: If you plan to attend the meeting, which will be held by webinar, please register at https://forms.gle/ qQZzdp6LVXn2K9KD6. Instructions for attending the meeting will be emailed to meeting participants before the meeting occurs. FOR FURTHER INFORMATION CONTACT: Celia Barroso, NMFS West Coast Region at celia.barroso@noaa.gov, 562–432– 1850. SUPPLEMENTARY INFORMATION: During the 6th Meeting of the Joint IATTC–WCPFC NC Working Group (JWG) meeting (July 27–29, 2021, Japan Time), the khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:04 Feb 22, 2022 Jkt 256001 International Scientific Committee on Tuna and Tuna-like Species in the North Pacific Ocean (ISC) recommended that, in order to proceed with the development of a long-term harvest strategy for PBF, the JWG consider management objectives and metrics by which to measure whether a proposed harvest strategy will meet those management objectives. This April 1 meeting is to prepare for anticipated discussions at the 2022 meeting of the JWG regarding the process and information needed to evaluate the effectiveness of potential harvest strategies. PBF U.S. Stakeholder Meeting Topic The agenda for this meeting will be distributed to participants in advance of the meeting. The meeting agenda will include a discussion on management objectives and metrics to measure how potential future harvest strategies for PBF meet those objectives. Special Accommodations Requests for sign language interpretation or other auxiliary aids should be indicated when registering for the meeting (see ADDRESSES) by March 23, 2022. (Authority: 16 U.S.C. 951 et seq., 16 U.S.C. 1801 et seq., and 16 U.S.C. 6901 et seq.) Dated: February 17, 2022. Ngagne Jafnar Gueye, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–03853 Filed 2–22–22; 8:45 am] BILLING CODE 3510–22–P COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities: Notice of Intent To Renew Collection Numbers 3038–0068, 3038– 0083, and 3038–0088: Confirmation, Portfolio Reconciliation, Portfolio Compression, and Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants Commodity Futures Trading Commission. ACTION: Notice. AGENCY: The Commodity Futures Trading Commission (‘‘CFTC’’ or ‘‘Commission’’) is announcing an opportunity for public comment on the proposed renewal of three collections 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 SUMMARY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 10175 information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment. This notice solicits comments on the collections of information mandated by certain Commission regulations (Confirmation, Portfolio Reconciliation, Portfolio Compression, and Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants). DATES: Comments must be submitted on or before April 25, 2022. ADDRESSES: You may submit comments, identified by ‘‘Confirmation, Portfolio Reconciliation, Portfolio Compression, and Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants,’’ and Collection Numbers 3038–0068, 3038–0083, and 3038–0088 by any of the following methods: • The Agency’s website, at https:// comments.cftc.gov/. Follow the instructions for submitting comments through the website. • 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. Please submit your comments using only one method. All comments must be submitted in English, or if not, accompanied by an English translation. Comments will be posted as received to www.cftc.gov. FOR FURTHER INFORMATION CONTACT: Benjamin DeMaria, Special Counsel, Market Participants Division, Commodity Futures Trading Commission at (202) 418–5988 or bdemaria@cftc.gov. SUPPLEMENTARY INFORMATION: Under the PRA, Federal agencies must obtain approval from the Office of Management and Budget (‘‘OMB’’) for each collection of information they conduct or sponsor. ‘‘Collection of Information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3 and includes agency requests or requirements that members of the public 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 CFTC is publishing E:\FR\FM\23FEN1.SGM 23FEN1 10176 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices khammond on DSKJM1Z7X2PROD with NOTICES notice of the proposed collections of information—treated as a consolidated collection—listed below.1 Title: Confirmation, Portfolio Reconciliation, Portfolio Compression, and Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants (OMB Control Nos. 3038–0068, 3038– 0083, 3038–0088).2 This is a request for an extension of currently approved information collections. Abstract: On September 11, 2012 the Commission adopted Commission Regulations 23.500–23.505 (Confirmation, Portfolio Reconciliation, Portfolio Compression, and Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants) 3 under sections 4s(f), (g) and (i) 4 of the Commodity Exchange Act (‘‘CEA’’). Commission regulations 23.500–23.505 require, among other things, that swap dealers (‘‘SDs’’) 5 and major swap participants (‘‘MSPs’’) 6 develop and retain written swap trading relationship documentation. The regulations also establish requirements for SDs and MSPs regarding swap confirmation, portfolio reconciliation, and portfolio compression. Under the regulations, SDs and MSPs are obligated to maintain records of the policies and procedures required by the rules.7 1 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 conrol number. See 46 FR 63035 (Dec. 30, 1981). 2 Historically, PRA Collections 3038–0068, 3038– 0083, and 3038–0088 were renewed as a consolidated collection. See 82 FR 6241 (Feb. 5, 2016). However, on April 1, 2019, the CFTC published an interim final rule (‘‘IFR’’), which allowed uncleared swaps to retain legacy status when transferred in connection with what was, at the time, a potential no-deal Brexit. See 84 FR 12065 (Apr. 1, 2019). As the IFR only affected the burdens calculations in PRA collection 3038–0088, collection 3038–0088 was considered separately from collections 3038–0068 and 3038–0083 for purposes of incorporating the burdens related to the IFR. Id. Since there is no need now to separate collection 3038–0088 for purposes of renewing these three collections, this proposed renewal once again will treat PRA collections 3038–0068, 3038– 0083, and 3038–0088 as a consolidated collection. 3 17 CFR 23.500–23.505. 4 7 U.S.C. 6s(f), (g) & (i). 5 For the definition of SD, see Section 1a(49) of the CEA and Commission regulation 1.3; 7 U.S.C. 1a(49) and 17 CFR 1.3. 6 For the definitions of MSP, see Section 1a(33) of the CEA and Commission regulation 1.3; 7 U.S.C. 1a(33) and 17 CFR 1.3. 7 SDs and MSPs are required to maintain all records of policies and procedures in accordance with Commission regulations 23.203 and, by extension, 1.31, including policies, procedures, and models used for eligible master netting agreements and custody agreements that prohibit custodian of margin from re-hypothecating, repledging, reusing, or otherwise transferring the funds held by the custodian. See 17 CFR 1.31 and 23.203. VerDate Sep<11>2014 20:17 Feb 22, 2022 Jkt 256001 Confirmation, portfolio reconciliation, and portfolio compression are important post-trade processing mechanisms for reducing risk and improving operational efficiency. The information collection obligations imposed by the regulations are necessary to ensure that each SD and MSP maintains the required records of their business activities and an audit trail sufficient to conduct comprehensive and accurate trade reconstruction. The information collections contained in the regulations are also essential to ensuring that SDs and MSPs document their swaps, reconcile their swap portfolios to resolve discrepancies and disputes, and wholly or partially terminate some or all of their outstanding swaps through regular portfolio compression exercises. The collections of information are mandatory. With respect to the collections of information, the CFTC invites comments on: • Whether the proposed collections of information are 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 burdens of the proposed collections 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 burdens 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. 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.8 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, for reasons 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 laws, and may be accessible under the Freedom of Information Act. Burden Statement: The Commission is revising its estimate of the burdens for the collections to reflect the current number of respondents and estimated burden hours. The respondent burdens for the collections are estimated to be as follows: • OMB Control No. 3038–0068 (Confirmation, Portfolio Reconciliation, and Portfolio Compression Requirements for Swap Dealers and Major Swap Participants). Number of Registrants: 107. Estimated Average Burden Hours per Registrant: 1,274.5. Estimated Aggregate Burden Hours: 136,371.5. Frequency of Recordkeeping: As applicable. • OMB Control No. 3038–0083 (Orderly Liquidation Termination Provision in Swap Trading Relationship Documentation for Swap Dealers and Major Swap Participants). Number of Registrants: 107. Estimated Average Burden Hours per Registrant: 270. Estimated Aggregate Burden Hours: 28,890. Frequency of Recordkeeping: As applicable. • OMB Control No. 3038–0088 (Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants). Number of Registrants: 107. Estimated Average Burden Hours per Registrant: 6284. Estimated Aggregate Burden Hours: 672,388. Frequency of Recordkeeping: As applicable. (Authority: 44 U.S.C. 3501 et seq.) Dated: February 17, 2022. Robert Sidman, Deputy Secretary of the Commission. [FR Doc. 2022–03829 Filed 2–22–22; 8:45 am] BILLING CODE 6351–01–P COUNCIL ON ENVIRONMENTAL QUALITY [CEQ–2022–0002] Climate and Economic Justice Screening Tool Beta Version Council on Environmental Quality. ACTION: Request for information. AGENCY: The Council on Environmental Quality is issuing this SUMMARY: 8 17 PO 00000 CFR 145.9. Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10175-10176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03829]


=======================================================================
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COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities: Notice of Intent To 
Renew Collection Numbers 3038-0068, 3038-0083, and 3038-0088: 
Confirmation, Portfolio Reconciliation, Portfolio Compression, and Swap 
Trading Relationship Documentation Requirements for Swap Dealers and 
Major Swap Participants

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.

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

SUMMARY: The Commodity Futures Trading Commission (``CFTC'' or 
``Commission'') is announcing an opportunity for public comment on the 
proposed renewal of three collections 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, including each proposed extension 
of an existing collection of information, and to allow 60 days for 
public comment. This notice solicits comments on the collections of 
information mandated by certain Commission regulations (Confirmation, 
Portfolio Reconciliation, Portfolio Compression, and Swap Trading 
Relationship Documentation Requirements for Swap Dealers and Major Swap 
Participants).

DATES: Comments must be submitted on or before April 25, 2022.

ADDRESSES: You may submit comments, identified by ``Confirmation, 
Portfolio Reconciliation, Portfolio Compression, and Swap Trading 
Relationship Documentation Requirements for Swap Dealers and Major Swap 
Participants,'' and Collection Numbers 3038-0068, 3038-0083, and 3038-
0088 by any of the following methods:
     The Agency's website, at https://comments.cftc.gov/. 
Follow the instructions for submitting comments through the website.
     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.
    Please submit your comments using only one method. All comments 
must be submitted in English, or if not, accompanied by an English 
translation. Comments will be posted as received to www.cftc.gov.

FOR FURTHER INFORMATION CONTACT: Benjamin DeMaria, Special Counsel, 
Market Participants Division, Commodity Futures Trading Commission at 
(202) 418-5988 or [email protected].

SUPPLEMENTARY INFORMATION: Under the PRA, Federal agencies must obtain 
approval from the Office of Management and Budget (``OMB'') for each 
collection of information they conduct or sponsor. ``Collection of 
Information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3 and 
includes agency requests or requirements that members of the public 
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 CFTC is publishing

[[Page 10176]]

notice of the proposed collections of information--treated as a 
consolidated collection--listed below.\1\
---------------------------------------------------------------------------

    \1\ 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 conrol number. See 46 FR 63035 (Dec. 
30, 1981).
---------------------------------------------------------------------------

    Title: Confirmation, Portfolio Reconciliation, Portfolio 
Compression, and Swap Trading Relationship Documentation Requirements 
for Swap Dealers and Major Swap Participants (OMB Control Nos. 3038-
0068, 3038-0083, 3038-0088).\2\ This is a request for an extension of 
currently approved information collections.
---------------------------------------------------------------------------

    \2\ Historically, PRA Collections 3038-0068, 3038-0083, and 
3038-0088 were renewed as a consolidated collection. See 82 FR 6241 
(Feb. 5, 2016). However, on April 1, 2019, the CFTC published an 
interim final rule (``IFR''), which allowed uncleared swaps to 
retain legacy status when transferred in connection with what was, 
at the time, a potential no-deal Brexit. See 84 FR 12065 (Apr. 1, 
2019). As the IFR only affected the burdens calculations in PRA 
collection 3038-0088, collection 3038-0088 was considered separately 
from collections 3038-0068 and 3038-0083 for purposes of 
incorporating the burdens related to the IFR. Id. Since there is no 
need now to separate collection 3038-0088 for purposes of renewing 
these three collections, this proposed renewal once again will treat 
PRA collections 3038-0068, 3038-0083, and 3038-0088 as a 
consolidated collection.
---------------------------------------------------------------------------

    Abstract: On September 11, 2012 the Commission adopted Commission 
Regulations 23.500-23.505 (Confirmation, Portfolio Reconciliation, 
Portfolio Compression, and Swap Trading Relationship Documentation 
Requirements for Swap Dealers and Major Swap Participants) \3\ under 
sections 4s(f), (g) and (i) \4\ of the Commodity Exchange Act 
(``CEA''). Commission regulations 23.500-23.505 require, among other 
things, that swap dealers (``SDs'') \5\ and major swap participants 
(``MSPs'') \6\ develop and retain written swap trading relationship 
documentation. The regulations also establish requirements for SDs and 
MSPs regarding swap confirmation, portfolio reconciliation, and 
portfolio compression. Under the regulations, SDs and MSPs are 
obligated to maintain records of the policies and procedures required 
by the rules.\7\
---------------------------------------------------------------------------

    \3\ 17 CFR 23.500-23.505.
    \4\ 7 U.S.C. 6s(f), (g) & (i).
    \5\ For the definition of SD, see Section 1a(49) of the CEA and 
Commission regulation 1.3; 7 U.S.C. 1a(49) and 17 CFR 1.3.
    \6\ For the definitions of MSP, see Section 1a(33) of the CEA 
and Commission regulation 1.3; 7 U.S.C. 1a(33) and 17 CFR 1.3.
    \7\ SDs and MSPs are required to maintain all records of 
policies and procedures in accordance with Commission regulations 
23.203 and, by extension, 1.31, including policies, procedures, and 
models used for eligible master netting agreements and custody 
agreements that prohibit custodian of margin from re-hypothecating, 
repledging, reusing, or otherwise transferring the funds held by the 
custodian. See 17 CFR 1.31 and 23.203.
---------------------------------------------------------------------------

    Confirmation, portfolio reconciliation, and portfolio compression 
are important post-trade processing mechanisms for reducing risk and 
improving operational efficiency. The information collection 
obligations imposed by the regulations are necessary to ensure that 
each SD and MSP maintains the required records of their business 
activities and an audit trail sufficient to conduct comprehensive and 
accurate trade reconstruction. The information collections contained in 
the regulations are also essential to ensuring that SDs and MSPs 
document their swaps, reconcile their swap portfolios to resolve 
discrepancies and disputes, and wholly or partially terminate some or 
all of their outstanding swaps through regular portfolio compression 
exercises. The collections of information are mandatory.
    With respect to the collections of information, the CFTC invites 
comments on:
     Whether the proposed collections of information are 
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 burdens 
of the proposed collections 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 burdens 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.
    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.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 145.9.
---------------------------------------------------------------------------

    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, for reasons 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 laws, and 
may be accessible under the Freedom of Information Act.
    Burden Statement: The Commission is revising its estimate of the 
burdens for the collections to reflect the current number of 
respondents and estimated burden hours. The respondent burdens for the 
collections are estimated to be as follows:
     OMB Control No. 3038-0068 (Confirmation, Portfolio 
Reconciliation, and Portfolio Compression Requirements for Swap Dealers 
and Major Swap Participants).
    Number of Registrants: 107.
    Estimated Average Burden Hours per Registrant: 1,274.5.
    Estimated Aggregate Burden Hours: 136,371.5.
    Frequency of Recordkeeping: As applicable.
     OMB Control No. 3038-0083 (Orderly Liquidation Termination 
Provision in Swap Trading Relationship Documentation for Swap Dealers 
and Major Swap Participants).
    Number of Registrants: 107.
    Estimated Average Burden Hours per Registrant: 270.
    Estimated Aggregate Burden Hours: 28,890.
    Frequency of Recordkeeping: As applicable.
     OMB Control No. 3038-0088 (Swap Trading Relationship 
Documentation Requirements for Swap Dealers and Major Swap 
Participants).
    Number of Registrants: 107.
    Estimated Average Burden Hours per Registrant: 6284.
    Estimated Aggregate Burden Hours: 672,388.
    Frequency of Recordkeeping: As applicable.

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

    Dated: February 17, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022-03829 Filed 2-22-22; 8:45 am]
BILLING CODE 6351-01-P


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