Notice2026-11681
Agency Information Collection Activities Under OMB Review
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 11, 2026
Issuing agencies
Commodity Futures Trading Commission
Abstract
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 Information and Regulatory Affairs (OIRA), of 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.
Full Text
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<title>Federal Register, Volume 91 Issue 112 (Thursday, June 11, 2026)</title>
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[Federal Register Volume 91, Number 112 (Thursday, June 11, 2026)]
[Notices]
[Pages 35473-35474]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11681]
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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 Information and
Regulatory Affairs (OIRA), of 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 July 13, 2026.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be submitted within 30 days of this
notice's publication to OIRA, at <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Please find this particular information collection by
selecting ``Currently under 30-day Review--Open for Public Comments''
or by using the website's search function. Comments can be entered
electronically by clicking on the ``comment'' button next to the
information collection on the ``OIRA Information Collections Under
Review'' page, or the ``View ICR--Agency Submission'' page. A copy of
the supporting statement for the collection of information discussed
herein may be obtained by visiting <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>.
In addition to the submission of comments to <a href="https://Reginfo.gov">https://Reginfo.gov</a> as
indicated above, a copy of all comments submitted to OIRA may also be
submitted to the Commodity Futures Trading Commission (the
``Commission'' or ``CFTC'') by clicking on the ``Submit Comment'' box
next to the descriptive entry for OMB Control No. 3038-0090, at <a href="https://comments.cftc.gov/FederalRegister/PublicInfo.aspx">https://comments.cftc.gov/FederalRegister/PublicInfo.aspx</a>.
Or by either of the following methods:
<bullet> Mail: Christopher Kirkpatrick, Secretary of the
Commission, Commodity Futures Trading Commission, Three Lafayette
Centre, 1155 21st Street NW, Washington, DC 20581.
<bullet> Hand Delivery/Courier: Same as Mail above.
All comments must be submitted in English, or if not, accompanied
by an English translation. Comments submitted to the Commission should
include 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 <a href="https://www.cftc.gov">https://www.cftc.gov</a> 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: Matthew Boylan, Attorney Advisor,
Market Participants Division, Commodity Futures Trading Commission,
(202) 418-5382, email: <a href="/cdn-cgi/l/email-protection#85e8e7eafce9e4ebc5e6e3f1e6abe2eaf3"><span class="__cf_email__" data-cfemail="deb3bcb1a7b2bfb09ebdb8aabdf0b9b1a8">[email protected]</span></a>, and refer to OMB Control No.
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3038-0090.
SUPPLEMENTARY INFORMATION:
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. 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 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 \2\ remain
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 (Sec. Sec. 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.
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\2\ Adaptation of Regulations to Incorporate Swaps, 77 FR 66288
(Nov. 2, 2012).
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Further, the ``Exclusion of Utility Operations-Related Swaps With
Utility Special Entities from De Minimis Threshold for Swaps With
Special Entities'' \3\ regulation amended the Commission's swap dealer
definition to
[[Page 35474]]
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 from utility special entities
related to this exclusion.
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\3\ 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).
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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.
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 March 24, 2026, 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, 91 FR 14000. The Commission received one
substantive comment in response to this Notice.\4\ However, this
comment proposed an amendment to Regulation 1.31 which would mandate
that an independent cross-verification of participant status be
included in required records for registrants. Because this request
would require a formal rule amendment and a new information collection,
it is not directly relevant to the extension of the information
collection under OMB Control No. 3038-0090.
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\4\ CFTC, Comment No. 114087 (Mar. 24, 2026), available at
<a href="https://comments.cftc.gov/PublicComments/ViewComment.aspx?id=114087">https://comments.cftc.gov/PublicComments/ViewComment.aspx?id=114087</a>.
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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:
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\5\ 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.
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Estimated Number of Respondents: 15,528.\6\
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\6\ This number is derived from combining the estimated number
of respondents associated with each of 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). The Commission notes that some
entities may be included in multiple categories. For example, an FCM
may be a member of a SEF. Please refer to the supporting statement
for further information about the respondents associated with each
regulatory requirement.
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Estimated Annual Burden Hours per Respondent: 154.
Estimated Total Annual Burden Hours: 2,396,700.
Frequency of Collection: 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: June 8, 2026.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2026-11681 Filed 6-10-26; 8:45 am]
BILLING CODE 6351-01-P
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