Notice2026-16074
Agency Information Collection Activities: Notice of Intent to Extend Collection 3038-0091: Disclosure and Retention of Certain Information Relating to Cleared Swaps Customer Collateral
Primary source
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Published
August 6, 2026
Issuing agencies
Commodity Futures Trading Commission
Abstract
The Commodity Futures Trading Commission ("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 proposed extension of the existing collection of information relating to Cleared Swaps Customer Collateral.
Full Text
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<title>Federal Register, Volume 91 Issue 150 (Thursday, August 6, 2026)</title>
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[Federal Register Volume 91, Number 150 (Thursday, August 6, 2026)]
[Notices]
[Pages 50817-50819]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-16074]
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COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities: Notice of Intent to
Extend Collection 3038-0091: Disclosure and Retention of Certain
Information Relating to Cleared Swaps Customer Collateral
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice.
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SUMMARY: The Commodity Futures Trading Commission (``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 proposed extension of the existing collection
of information relating to Cleared Swaps Customer Collateral.
DATES: Comments must be submitted on or before October 5, 2026.
ADDRESSES: You may submit comments, specifically referencing ``Notice
of Intent to Extend Collection 3038-0091: Disclosure and Retention of
Certain Information Relating to Cleared Swaps Customer Collateral,'' by
any of the following methods:
<bullet> <a href="http://Regulations.gov">Regulations.gov</a>: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
press the ``Search'' button, then proceed as follows:
1. Under Refine Documents Results--check the box to ``Only show
documents open for comment'';
2. Under Agency--select ``See More'' and check the box for
``Commodity Futures Trading Commission,'' then press the Apply button;
3. Identify this proposal in the list of CFTC documents open for
comment, press the ``Comment'' button to open the submission form, and
follow the instructions on the form.
Alternatively, if you are viewing this proposal on
<a href="http://www.federalregister.gov">www.federalregister.gov</a>, click the ``Submit A Public Comment'' button
at the top of the page to open the comment form. Follow the
instructions on the form to submit your comment to <a href="http://Regulations.gov">Regulations.gov</a>.
<bullet> Mail: Send to--Christopher Kirkpatrick, Secretary of the
Commission, Commodity Futures Trading Commission, Three Lafayette
Centre, 1155 21st Street, NW, Washington, DC 20581.
<bullet> Hand Delivery/Courier: Address to--CFTC Comment
Submission, Attn: Christopher Kirkpatrick, Secretary of the Commission,
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st
Street, NW, Washington, DC 20581.
Please submit your comments using only one of these methods. To
avoid possible delays with mail or in-person deliveries, submissions
through <a href="http://Regulations.gov">Regulations.gov</a>are encouraged.
All comments must be submitted in English or, if not, accompanied
by an English translation. Do not include in your comment text or
attachments any personal identifying information or business
information that you do not want published online. Comments (regardless
of submission method) will be published without review for, and without
removal of, any personal identifying information or information
[[Page 50818]]
your business may consider confidential.
If you wish to submit confidential information for the Commission's
consideration, please contact the CFTC personnel listed in this Notice
under FOR FURTHER INFORMATION CONTACT before making any submission.
Please also carefully review the Commission's procedures in 17 CFR
145.9 for requesting confidential treatment under the Freedom of
Information Act (FOIA) of information submitted to the Commission.
The CFTC reserves the right, but shall have no obligation, to
review, pre-screen, filter, or redact all or any part of your comment
submission. The CFTC also reserves the right, without further
notification, to refuse to publish or to remove from public view all or
any part of your submission to the extent it contains content
inappropriate for publication in a comment file, such as--without
limitation--obscene language, threats of violence, solicitations for
commercial sales or illegal activity, or obvious spam. If a submission
that is refused for or withdrawn from publication because of
inappropriate content also contains comments on the merits of this
proposal, such submission will be retained in the record for the matter
and will be considered as required under the Administrative Procedure
Act and other applicable laws, and may be accessible under the FOIA.
FOR FURTHER INFORMATION CONTACT: Jennifer Narvaez, Attorney Advisor,
Market Participants Division, Commodity Futures Trading Commission,
(202) 418-5152, <a href="/cdn-cgi/l/email-protection#7b11151a090d1a1e013b181d0f18551c140d"><span class="__cf_email__" data-cfemail="22484c43505443475862414456410c454d54">[email protected]</span></a>, and refer to OMB Control No. 3038-
0091.
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 proposed extension of an existing 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: Disclosure and Retention of Certain Information Relating to
Cleared
Swaps Customer Collateral (OMB Control No. 3038-0091). This is a
request for an extension of a currently approved information
collection.
Abstract: Section 724(a) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, Public Law 111-023, 124 stat. 1376, amended
the Commodity Exchange Act (``CEA''), 7 U.S.C. 1 et seq., to add, as
section 4d(f) thereof, provisions concerning the protection of
collateral provided by a Cleared Swaps Customer to margin, guaranty, or
secure a swap cleared by or through a derivatives clearing organization
(``DCO''). Broadly speaking, in cleared swaps transactions customers
provide collateral to futures commission merchants (``FCMs'') through
whom they clear their transactions. FCMs, in turn, may provide customer
collateral to DCOs, through which FCMs clear transactions for their
customers. 17 CFR part 22 is intended to implement CEA section 4d(f).
Several of the sections of part 22 require collections of information.
Section 22.2(g) requires each FCM with Cleared Swaps Customer
Accounts to compute daily the amount of Cleared Swaps Customer
Collateral on deposit in Cleared Swaps Customer Accounts, the amount of
such collateral required to be on deposit in such accounts and the
amount of the FCM's residual financial interest in such accounts. The
purpose of this collection of information is to help ensure that FCMs'
Cleared Swaps Customer Accounts are in compliance at all times with
statutory and regulatory requirements for such accounts.
Section 22.5(a) requires an FCM or DCO to obtain, from each
depository with which it deposits cleared swaps customer funds, a
letter acknowledging that such funds belong to the Cleared Swaps
Customers of the FCM, and not the FCM itself or any other person. The
purpose of this collection of information is to confirm that the
depository understands its responsibilities with respect to protection
of cleared swaps customer funds.
Section 22.11 requires each FCM that intermediates cleared swaps
for customers on or subject to the rules of a DCO, whether directly as
a clearing member or indirectly through a Collecting FCM, to provide
the DCO with information sufficient to identify each customer of the
FCM whose swaps are cleared by the FCM. Section 22.11 also requires the
FCM, at least once daily, to provide the DCO with information
sufficient to identify each customer's portfolio of rights and
obligations arising out of cleared swaps intermediated by the FCM. The
purpose of this collection of information is to facilitate risk
management by DCOs in the event of default by the FCM, to enable DCOs
to perform their duty, pursuant to section 22.15, to treat the
collateral attributed to each customer of the FCM on an individual
basis.
Section 22.12 requires that each DCO and FCM, on a daily basis,
calculate, based on information received pursuant to section 22.11 and
on information generated and used in the ordinary course of business by
the DCO or FCM, and record certain information about the amount of
collateral required for each Cleared Swaps Customer and the sum of
these amounts. As with section 22.11, the purpose of this collection of
information is to facilitate risk management by DCOs and in the event
of default by the FCM, to enable DCOs to perform their duty, pursuant
to section 22.15, to treat the collateral attributed to each customer
of the FCM on an individual basis.
Section 22.16 requires that each FCM who has Cleared Swaps
Customers disclose to each of such customers the governing provisions,
as established by DCO rules or customer agreements between collecting
and depositing FCMs, relating to use of customer collateral, transfer,
neutralization of the risks, or liquidation of cleared swaps in the
event of a default by a Depositing FCM relating to a Cleared Swaps
Customer Account. The purpose of this collection of information is to
ensure that Cleared Swaps Customers are informed of the procedures to
which accounts containing their swaps collateral may be subject in the
event of a default by their FCM.
Section 22.17 requires that each FCM produce a written notice of
the reasons and the details concerning withdrawals from a Cleared Swaps
Customers Account not for the benefit of Cleared Swap Customers if such
withdrawal will exceed 25% of the FCMs residual interest in such
account.
With respect to the collection of information, the CFTC invites
comments on:
<bullet> Whether the proposed extension of collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have a practical
use;
[[Page 50819]]
<bullet> 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;
<bullet> Ways to enhance the quality, usefulness, and clarity of
the information to be collected; and
<bullet> 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.\1\
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\1\ 17 CFR 145.9.
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The CFTC reserves the right, but shall have no obligation, to
review, pre-screen, filter, or redact all or any part of your comment
submission. The CFTC also reserves the right, without further
notification, to refuse to publish or to remove from public view all or
any part of your submission to the extent it contains content
inappropriate for publication in a comment file, such as--without
limitation--obscene language, threats of violence, solicitations for
commercial sales or illegal activity, or obvious spam. If a submission
that is refused for or withdrawn from publication because of
inappropriate content also contains comments on the merits of this
proposal, such submission will be retained in the record for the matter
and will be considered as required under the Administrative Procedure
Act and other applicable laws, and may be accessible under the FOIA.
Burden Statement: The Commission is revising its estimate of the
burden for this collection for 95 respondents (71 FCMs and 24 DCOs).
The respondent burden for this collection is estimated to be as
follows:
Estimated Number of Respondents: 95.
Estimated Average Burden Hours per Respondent: 314.
Estimated Total Annual Burden Hours: 29,830.
Frequency of Collection: Section 22.2(g)--Daily. Section 22.5(a)--
Once. Section 22.11--Daily. Section 22.12--Daily. Section 22.16--Once.
Section 22.17--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: August 4, 2026.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2026-16074 Filed 8-5-26; 8:45 am]
BILLING CODE 6351-01-P
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