Agency Information Collection Activities Under OMB Review

Issuing agencies

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.

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<title>Federal Register, Volume 91 Issue 202 (Wednesday, October 21, 2026)</title>
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[Federal Register Volume 91, Number 202 (Wednesday, October 21, 2026)]
[Notices]
[Pages 66549-66551]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21492]


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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

[[Page 66550]]

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 November 20, 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 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 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#f69c9897848097938cb695908295d8919980"><span class="__cf_email__" data-cfemail="94fefaf5e6e2f5f1eed4f7f2e0f7baf3fbe2">[email&#160;protected]</span></a>, and refer to OMB Control No. 3038-
0091.

SUPPLEMENTARY INFORMATION: 
    Title: Disclosure and Retention of Certain Information Relating to 
Cleared Swaps Customer Collateral (OMB Control No. 3038-0091). This is 
a request for 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

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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.
    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 August 6, 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 50817 (``60-Day Notice''). The Commission 
received two relevant comments on the 60-Day Notice.\1\ One commenter 
argued that the current reporting framework is outdated and 
structurally deficient, and suggested the Commission modernize its 
information collection requirements.\2\ While revisions to the 
reporting framework for Part 22 would ultimately revise the burden 
estimates in this notice, revising the current reporting framework is 
beyond the scope of this renewal. Another commenter supported renewing 
this collection because daily collateral calculations, customer-level 
records, and depository acknowledgments are essential to safeguarding 
customer assets and to performing orderly default management.\3\ The 
commenter urged the Commission to provide standardized, non-identifying 
public summaries of collateral sufficiency and compliance issues, 
strengthen disclosure and reporting practices, and ensure burden 
estimates are transparent and validated. The Commission acknowledges 
the commenter's recommendation for additional public disclosures. The 
Commission notes, however, that it publishes extensive information 
regarding firms' financial condition and the amount of customer funds 
held in segregation. In determining the scope of publicly available 
information, the Commission has balanced the benefits of disclosure 
with the potential risk that the publication may undermine market 
integrity and/or compromise customer confidentiality. Based on these 
considerations, the Commission has determined not to further expand the 
content of the publicly available information at this time.
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    \1\ Comments are available for public review at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
    \2\ Comment Letter from Mak Conan, CFTC-2026-1684-0003, 
available at: <a href="https://www.regulations.gov/comment/CFTC-2026-1684-0003">https://www.regulations.gov/comment/CFTC-2026-1684-0003</a>.
    \3\ Comment Letter from Michelle Maher, CFTC-2026-1684-0004, 
available at: <a href="https://www.regulations.gov/comment/CFTC-2026-1684-0004">https://www.regulations.gov/comment/CFTC-2026-1684-0004</a>.
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    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: October 19, 2026.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2026-21492 Filed 10-20-26; 8:45 am]
BILLING CODE 6351-01-P


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