Agency Information Collection Activities: Notice of Intent To Extend Collection 3038-0090: Adaptation of Regulations To Incorporate Swaps-Records of Transactions; Exclusion of Utility Operations Related Swaps With Utility Special Entities From De Minimis Threshold for Swaps With Special Entities, 23011-23012 [2023-07912]

Download as PDF Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Notices the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in connection with the and service(s) proposed for addition to the Procurement List. End of Certification Accordingly, the following service(s) are added to the Procurement List: Service(s) Service Type: Custodial Services. Mandatory for: Department of Homeland Security, FEMA, Fort Shafter, HI. Designated Source of Supply: Work Now Hawaii, Honolulu, HI. Contracting Activity: FEDERAL EMERGENCY MANAGEMENT AGENCY, REGION 9: EMERGENCY PREPAREDNESS AN. Michael R. Jurkowski, Acting Director, Business Operations. [FR Doc. 2023–07906 Filed 4–13–23; 8:45 am] BILLING CODE 6353–01–P COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities: Notice of Intent To Extend Collection 3038–0090: Adaptation of Regulations To Incorporate SwapsRecords of Transactions; Exclusion of Utility Operations Related Swaps With Utility Special Entities From De Minimis Threshold for Swaps With Special Entities 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 a 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, including proposed extension of an existing collection of information, and to allow 60 days for public comment. This notice solicits comments on the recordkeeping obligations set forth in certain aspects of certain Commission regulations. DATES: Comments must be submitted on or before June 13, 2023. ADDRESSES: You may submit comments, identified by ‘‘OMB Control No. 3038– 0090’’ by any of the following methods: • The Agency’s website, at https:// comments.cftc.gov/. Follow the instructions for submitting comments through the website. ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:45 Apr 13, 2023 Jkt 259001 • 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 https://www.cftc.gov. FOR FURTHER INFORMATION CONTACT: Andrew Chapin, Associate Chief Counsel, Market Participants Division, Commodity Futures Trading Commission, (202) 418–5465, email: achapin@cftc.gov. SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501 et seq., 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 notice of the 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: Adaptation of Regulations to Incorporate Swaps-Records of Transactions; Exclusion of Utility Operations Related Swaps with Utility Special Entities from De Minimis Threshold for Swaps with Special Entities (OMB Control No. 3038–0090). This is a request for extension of a currently approved information collection. Abstract: Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act, Pub. L. No. 111–203, 124 Stat. 1376 (2010)) amended the Commodity Exchange Act (CEA) to establish a comprehensive new statutory framework for swaps. These amendments required the Commodity Futures Trading Commission to amend PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 23011 several of its regulations to implement the new framework. The information collection obligations imposed by the ‘‘Adaptation of Regulations to Incorporate Swaps’’ final regulations 1 are necessary to implement section 721 of the Dodd-Frank Act, which amended the definitions of futures commission merchant (FCM) and introducing broker (IB) to permit these intermediaries to trade swaps on behalf of customers. They also are necessary to implement section 733 of the Dodd-Frank Act which introduced swap execution facilities (SEFs) as a new trading platform for swaps. As a result of the enactment of sections 721 and 733, the Commission needed to amend certain recordkeeping regulations (1.31, 1.33, 1.35, 1.37, and 1.39) so that records of swap transactions are maintained analogously to how futures transactions are maintained. Further, the ‘‘Exclusion of Utility Operations-Related Swaps with Utility Special Entities From De Minimis Threshold for Swaps with Special Entities’’ 2 regulation amended the Commission’s swap dealer definition to permit a person to exclude ‘‘utility operations-related swaps’’ with ‘‘utility special entities’’ in their de minimis threshold calculations. The regulation requires a person claiming the exclusion to maintain in accordance with Commission regulation 1.31 any written representations that the person receives form utility special entities related to this exclusion. The information collection burdens associated with these regulations (collectively, the ‘‘Swap Recordkeeping Requirements’’) are restricted to the costs associated with the recordkeeping and reporting requirements that these regulations impose upon affected registrants, registered entities, those registered entities’ members, and other respondents covered by the final rules. 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; 1 Adaptation of Regulations to Incorporate Swaps, 77 FR 66288 (Nov. 2, 2012). 2 Exclusion of Utility Operations-Related Swaps With Utility Special Entities From De Minimis Threshold for Swaps With Special Entities, 79 FR 57767 (Sept. 26, 2014). E:\FR\FM\14APN1.SGM 14APN1 23012 Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Notices • 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. 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.3 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 the Freedom of Information Act. Burden Statement: The Commission is revising its estimate of the burden for this collection for futures commission merchants, retail foreign exchange dealers, introducing brokers, and members of designated contract markets and swap execution facilities. The respondent burden for this collection is estimated to be as follows: 4 Estimated Number of Respondents: 13,598. Estimated Annual Burden Hours per Respondent: 148. Estimated Total Annual Burden Hours: 2,018,728. Frequency of Collection: As needed. There are no capital costs or operating and maintenance costs associated with this collection. ddrumheller on DSK120RN23PROD with NOTICES1 (Authority: 44 U.S.C. 3501 et seq.) 3 17 CFR 145.9. 4 These estimates represent the aggregate burden for all data associated with the Swap Recordkeeping Requirements in the collection, namely Swap Recordkeeping (Regulation 1.35), Swap Confirmations (Regulation 1.33), and Utility Special Entities (Regulation 1.3). Please refer to the supporting statement for further explanation of burdens associated with each regulatory requirement. VerDate Sep<11>2014 17:45 Apr 13, 2023 Jkt 259001 Dated: April 11, 2023. Robert Sidman, Deputy Secretary of the Commission. [FR Doc. 2023–07912 Filed 4–13–23; 8:45 am] Program, Assistance Listing Number (ALN) 84.031S. This notice relates to the approved information collection under OMB control number 1840–0745. BILLING CODE 6351–01–P DATES: CONSUMER PRODUCT SAFETY COMMISSION Applications Available: April 14, 2023. Deadline for Transmittal of Applications: June 13, 2023. Deadline for Intergovernmental Review: August 14, 2023. Sunshine Act Meetings Wednesday, April 19, 2023—10 a.m.–12:30 p.m. (See MATTERS TO BE CONSIDERED for each meeting). PLACE: The meetings will be held remotely, and in person at 4330 East West Highway, Bethesda, Maryland, 20814. STATUS: Commission Meetings—Open to the Public/Closed to the Public. MATTERS TO BE CONSIDERED: Decisional Matter (10 a.m.): Implementation of STURDY § 201(d): Determination Regarding ASTM F2057– 23 and Draft Direct Final Rule. To attend virtually, please use the following link: https://cpsc.webex.com/ weblink/register/r516dc11f6e2a58f88b 4766cd72784884. Briefing Matter (10:30 a.m.): FY 2023 Proposed Operating Plan Alignment and Midyear Review. To attend virtually, please use the following link: https:// cpsc.webex.com/weblink/register/ r35b8f931ed4ef99dc9e086a008180362. Briefing Matter: (11:30 a.m.) Enforcement matter. Closed to the Public. CONTACT PERSON FOR MORE INFORMATION: Alberta E. Mills, Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, 301–504–7479 (Office) or 240–863–8938 (Cell). TIME AND DATE: Dated: April 12, 2023. Alberta E. Mills, Commission Secretary. [FR Doc. 2023–07989 Filed 4–12–23; 11:15 am] BILLING CODE P DEPARTMENT OF EDUCATION Applications for New Awards; Developing Hispanic-Serving Institutions Program Office of Postsecondary Education, Department of Education. ACTION: Notice. AGENCY: The Department of Education (Department) is issuing a notice inviting applications for new awards for fiscal year (FY) 2023 for the Developing Hispanic-Serving Institutions (DHSI) SUMMARY: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 For the addresses for obtaining and submitting an application, please refer to our Common Instructions for Applicants to Department of Education Discretionary Grant Programs, published in the Federal Register on December 7, 2022 (87 FR 75045), and available at www.federalregister.gov/d/2022-26554. Please note that these Common Instructions supersede the version published on December 27, 2021. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Njeri Clark, U.S. Department of Education, 400 Maryland Avenue SW, Room 2B186, Washington, DC 20202– 4260. Telephone: (202) 453–6224. Email: Njeri.Clark@ed.gov. If you are deaf, hard of hearing, or have a speech disability and wish to access telecommunications relay services, please dial 7–1–1. SUPPLEMENTARY INFORMATION: Full Text of Announcement I. Funding Opportunity Description Purpose of Program: The DHSI Program provides grants to assist Hispanic-Serving Institutions (HSIs) with expanding educational opportunities for, and improving the academic attainment of, Hispanic students. DHSI Program grants enable HSIs to expand and enhance the academic offerings, program quality, faculty quality, and institutional stability of colleges and universities that are educating the largest enrollment of Hispanic college students and help large numbers of Hispanic students and other low-income individuals complete postsecondary degrees. Background: In a February 2022 article published in the Chronicle of Higher Education titled, ‘‘The Missing Hispanic Students: Higher ed’s future and the economy depends on their coming back to college,’’ the author highlights how the COVID–19 pandemic threatened the progress made in postsecondary enrollment of Hispanic students over the last decade and calls attention to the negative impact on institutions and communities from the E:\FR\FM\14APN1.SGM 14APN1

Agencies

[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Notices]
[Pages 23011-23012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07912]


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COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities: Notice of Intent To 
Extend Collection 3038-0090: Adaptation of Regulations To Incorporate 
Swaps-Records of Transactions; Exclusion of Utility Operations Related 
Swaps With Utility Special Entities From De Minimis Threshold for Swaps 
With Special Entities

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 a 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, including proposed extension of an existing collection of 
information, and to allow 60 days for public comment. This notice 
solicits comments on the recordkeeping obligations set forth in certain 
aspects of certain Commission regulations.

DATES: Comments must be submitted on or before June 13, 2023.

ADDRESSES: You may submit comments, identified by ``OMB Control No. 
3038-0090'' 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 https://www.cftc.gov.

FOR FURTHER INFORMATION CONTACT: Andrew Chapin, Associate Chief 
Counsel, Market Participants Division, Commodity Futures Trading 
Commission, (202) 418-5465, email: [email protected].

SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501 et seq., 
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 
notice of the 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: Adaptation of Regulations to Incorporate Swaps-Records of 
Transactions; Exclusion of Utility Operations Related Swaps with 
Utility Special Entities from De Minimis Threshold for Swaps with 
Special Entities (OMB Control No. 3038-0090). This is a request for 
extension of a currently approved information collection.
    Abstract: Title VII of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act (Dodd-Frank Act, Pub. L. No. 111-203, 124 Stat. 
1376 (2010)) amended the Commodity Exchange Act (CEA) to establish a 
comprehensive new statutory framework for swaps. These amendments 
required the Commodity Futures Trading Commission to amend several of 
its regulations to implement the new framework.
    The information collection obligations imposed by the ``Adaptation 
of Regulations to Incorporate Swaps'' final regulations \1\ are 
necessary to implement section 721 of the Dodd-Frank Act, which amended 
the definitions of futures commission merchant (FCM) and introducing 
broker (IB) to permit these intermediaries to trade swaps on behalf of 
customers. They also are necessary to implement section 733 of the 
Dodd-Frank Act which introduced swap execution facilities (SEFs) as a 
new trading platform for swaps. As a result of the enactment of 
sections 721 and 733, the Commission needed to amend certain 
recordkeeping regulations (1.31, 1.33, 1.35, 1.37, and 1.39) so that 
records of swap transactions are maintained analogously to how futures 
transactions are maintained.
---------------------------------------------------------------------------

    \1\ Adaptation of Regulations to Incorporate Swaps, 77 FR 66288 
(Nov. 2, 2012).
---------------------------------------------------------------------------

    Further, the ``Exclusion of Utility Operations-Related Swaps with 
Utility Special Entities From De Minimis Threshold for Swaps with 
Special Entities'' \2\ regulation amended the Commission's swap dealer 
definition to permit a person to exclude ``utility operations-related 
swaps'' with ``utility special entities'' in their de minimis threshold 
calculations. The regulation requires a person claiming the exclusion 
to maintain in accordance with Commission regulation 1.31 any written 
representations that the person receives form utility special entities 
related to this exclusion.
---------------------------------------------------------------------------

    \2\ Exclusion of Utility Operations-Related Swaps With Utility 
Special Entities From De Minimis Threshold for Swaps With Special 
Entities, 79 FR 57767 (Sept. 26, 2014).
---------------------------------------------------------------------------

    The information collection burdens associated with these 
regulations (collectively, the ``Swap Recordkeeping Requirements'') are 
restricted to the costs associated with the recordkeeping and reporting 
requirements that these regulations impose upon affected registrants, 
registered entities, those registered entities' members, and other 
respondents covered by the final rules.
    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;

[[Page 23012]]

     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.
    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.\3\
---------------------------------------------------------------------------

    \3\ 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, 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.
    Burden Statement: The Commission is revising its estimate of the 
burden for this collection for futures commission merchants, retail 
foreign exchange dealers, introducing brokers, and members of 
designated contract markets and swap execution facilities. The 
respondent burden for this collection is estimated to be as follows: 
\4\
---------------------------------------------------------------------------

    \4\ These estimates represent the aggregate burden for all data 
associated with the Swap Recordkeeping Requirements in the 
collection, namely Swap Recordkeeping (Regulation 1.35), Swap 
Confirmations (Regulation 1.33), and Utility Special Entities 
(Regulation 1.3). Please refer to the supporting statement for 
further explanation of burdens associated with each regulatory 
requirement.
---------------------------------------------------------------------------

    Estimated Number of Respondents: 13,598.
    Estimated Annual Burden Hours per Respondent: 148.
    Estimated Total Annual Burden Hours: 2,018,728.
    Frequency of Collection: As needed.
    There are no capital costs or operating and maintenance costs 
associated with this collection.

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

    Dated: April 11, 2023.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023-07912 Filed 4-13-23; 8:45 am]
BILLING CODE 6351-01-P
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