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.

Full Text

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<title>Federal Register, Volume 91 Issue 203 (Thursday, October 22, 2026)</title>
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[Federal Register Volume 91, Number 203 (Thursday, October 22, 2026)]
[Notices]
[Pages 66692-66693]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21581]


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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 November 23, 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 notice 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 notice 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 Commission 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 
notice, such submission will be retained in the record for the matter 
and will be considered as required under the Administrative Procedure 
Act, the PRA, and other applicable laws, and may be accessible under 
the FOIA.

FOR FURTHER INFORMATION CONTACT: Dina Moussa, Special Counsel, (202) 
418-5696 or <a href="/cdn-cgi/l/email-protection#2d494042585e5e4c6d4e4b594e034a425b"><span class="__cf_email__" data-cfemail="81e5eceef4f2f2e0c1e2e7f5e2afe6eef7">[email&#160;protected]</span></a>; or Catherine Brescia, Attorney Advisor 
(202) 418-6236 or <a href="/cdn-cgi/l/email-protection#5e3d3c2c3b2d3d373f1e3d382a3d70393128"><span class="__cf_email__" data-cfemail="620100100711010b0322010416014c050d14">[email&#160;protected]</span></a>, Market Participants Division, 
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st 
Street NW, Washington, DC 20581, and refer to OMB Control No. 3038-
0092.

SUPPLEMENTARY INFORMATION: 
    Title: Customer Clearing Documentation and Timing of Acceptance for 
Clearing (OMB Control No. 3038-0092). This is a request for an 
extension of a currently approved information collection.
    Abstract: Section 4d(c) of the Commodity Exchange Act (``CEA''), as 
amended by the Dodd-Frank Wall Street Reform and Consumer Protection 
Act (``Dodd-Frank Act''), directs the Commission to require futures 
commission merchants (``FCMs'') to implement conflict of interest 
procedures that address such issues as the Commission determines to be 
appropriate.\1\ Similarly, section 4s(j)(5) of the CEA, as added by the 
Dodd-Frank Act, requires swap dealers (``SDs'') and major swap 
participants (``MSPs'') to implement conflict of interest procedures 
that address such issues as the Commission determines to be 
appropriate.\2\ Section 4s(j)(5) also requires SDs and MSPs to ensure 
that any persons providing clearing activities or making determinations 
as to accepting clearing customers are separated by appropriate 
informational partitions from persons whose involvement in pricing, 
trading, or clearing activities might bias their judgment or contravene 
the core principle of open access. Section 4s(j)(6) of the CEA 
prohibits an SD or MSP from adopting any process or taking any

[[Page 66693]]

action that results in any unreasonable restraint on trade or imposes 
any material anticompetitive burden on trading or clearing, unless 
necessary or appropriate to achieve the purposes of the CEA.\3\ Section 
2(h)(1)(B)(ii) of the CEA requires that derivatives clearing 
organization (``DCO'') rules provide for the nondiscriminatory clearing 
of swaps executed bilaterally or through an unaffiliated designated 
contract market or swap execution facility.\4\
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    \1\ 7 U.S.C. 6d(c).
    \2\ 7 U.S.C. 6s(j)(5).
    \3\ 7 U.S.C. 6s(j)(6).
    \4\ 7 U.S.C. 2(h)(1)(B)(ii).
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    To address these provisions, the Commission promulgated regulations 
that prohibit arrangements involving FCMs, SDs, MSPs, and DCOs that 
would (a) disclose to an FCM, SD, or MSP the identity of a customer's 
original executing counterparty; \5\ (b) limit the number of 
counterparties with whom a customer may enter into a trade; \6\ (c) 
restrict the size of the position a customer may take with any 
individual counterparty, apart from an overall credit limit for all 
positions held by the customer at the FCM; \7\ (d) impair a customer's 
access to execution of a trade on terms that have a reasonable 
relationship to the best terms available; \8\ or (e) prevent compliance 
with specified time frames for acceptance of trades into clearing set 
forth in Regulations 1.74(b), 23.610(b), or 39.12(b)(7).\9\ 
Additionally, the Commission requires, through Regulation 
39.12(b)(7)(i)(B), DCOs to coordinate with clearing members to 
establish prompt processing of trades.\10\ Regulations 1.74(a) and 
23.610(a) require reciprocal coordination by FCMs, SDs, and MSPs that 
are clearing members.\11\
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    \5\ 17 CFR 1.72(a), 23.608(a), and 39.12(a)(1)(vi).
    \6\ 17 CFR 1.72(b), 23.608(b), and 39.12(a)(1)(vi).
    \7\ 17 CFR 1.72(c), 23.608(c), and 39.12(a)(1)(vi).
    \8\ 17 CFR 1.72(d), 23.608(d), and 39.12(a)(1)(vi).
    \9\ 17 CFR 1.72(e), 23.608(e), and 39.12(a)(1)(vi).
    \10\ 17 CFR 39.12(b)(7)(i)(B).
    \11\ 17 CFR 1.74(a) and 23.610(a).
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    Under the above regulations, SDs, MSPs, FCMs, and DCOs are required 
to develop and maintain written customer clearing documentation and 
trade processing procedures. Maintenance of contracts, policies, and 
procedures is prudent business practice. All SDs, MSPs, FCMs, and DCOs 
maintain documentation consistent with these regulations. The 
regulations are crucial both for effective risk management and for the 
efficient operation of trading venues among SDs, MSPs, FCMs, and DCOs. 
Each of these entities has a general recordkeeping obligation for these 
requirements under the Regulations 39.20 for DCOs,\12\ 23.606 for SDs 
and MSPs,\13\ and 1.73 for FCMs.\14\
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    \12\ 17 CFR 39.20.
    \13\ 17 CFR 23.606.
    \14\ 17 CFR 1.73.
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    The information collection burden arising from the regulations 
primarily is restricted to the costs associated with the affected 
registrants' obligation to maintain records related to clearing 
documentation between the customer and the customer's clearing member, 
and trade processing procedures between DCOs and FCMs, SDs, and MSPs. 
The information collection obligations are necessary to implement 
certain provisions of the CEA, including ensuring that registrants 
exercise effective risk management, and are also appropriate for the 
efficient operation of trading venues among SDs, MSPs, FCMs, and DCOs.
    As indicated below, the information collection burden arising from 
the regulations primarily is restricted to the costs associated with 
the affected registrants' obligation to maintain records related to 
clearing documentation between the customer and the customer's clearing 
member, and trade processing procedures between DCOs and FCMs, SDs, and 
MSPs. The information collection obligations are necessary to implement 
certain provisions of the CEA, including ensuring that registrants 
exercise effective risk management and for the efficient operation of 
trading venues among SDs, MSPs, FCMs, and DCOs.
    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.\15\ 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 50814 (``60-Day 
Notice''). The Commission received no relevant comments on the 60-Day 
Notice.
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    \15\ 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 1320.8 
(b)(3)(vi).
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    Burden Statement: The respondent burden for this collection is 
estimated to be as follows:
    Estimated Number of Respondents: 204.
    Estimated Average Burden Hours per Respondent: 40.
    Estimated Total Annual Burden Hours: 8,160.
    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: October 19, 2026.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2026-21581 Filed 10-21-26; 8:45 am]
BILLING CODE 6351-01-P


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