Swap Data Recordkeeping and
Reporting Requirements: Pre-Enactment and Transition Swaps
Extension without change of a currently approved collection
No
Regular
07/15/2025
Requested
Previously Approved
36 Months From Approved
08/31/2025
30,605
30,108
13,946
14,366
0
0
On July 21, 2010, the Dodd-Frank Wall
Street Reform and Consumer Protection Act (“Dodd-Frank Act”) went
into effect. Title VII of the Dodd-Frank Act amended the Commodity
Exchange Act (“CEA”) to create a regulatory framework for swaps.
Section 723 of Title VII amended Section 2 of the CEA to provide
that rules adopted by the Commodity Futures Trading Commission
(“Commission” or “CFTC”) to implement Section 2 shall provide for
the reporting of data relating to both: (i) swaps entered into
before the date of enactment of the Dodd-Frank Act, the terms of
which have not expired as of the date of enactment of that Act
(“pre-enactment swaps”) and (ii) swaps entered into on or after the
date of enactment of the Dodd-Frank Act and prior to the compliance
date specified in Commission swap data reporting rules implementing
Section 2(h)(5)(B) (“transition swaps”). On June 12, 2012, the
Commission adopted regulation 46, which imposes recordkeeping and
reporting requirements relating to pre-enactment and transition
swaps (collectively, “historical swaps”). This renewal concerns the
existing collections of information required by 17 CFR Part 46.
CFTC regulation 46 imposes recordkeeping and reporting
requirements, relating to historical swaps, on the following
entities: swap dealers (“SDs”), major swap participants (“MSPs”),
and counterparties to swaps who are neither SDs nor MSPs
(“non-SD/MSP counterparties”). Section 46.2 requires affected
entities to keep certain records relating to historical swaps;
Section 46.3 requires affected entities to make an initial data
report regarding historical swaps to a swap data repository (“SDR”)
and make on-going reports to a SDR for certain historical swaps
throughout the existence of the swaps; Section 46.11 requires
affected entities to report errors and omissions in data previously
reported regarding historical swaps to a SDR.
There are no program changes or
adjustments. The Commission has updated its estimate of the total
number of respondents and associated annual time burden associated
with this collection. The number of respondents and total burden
hours have decreased since the previous renewal in 2022. Because
the total number of estimated respondents has decreased from 30,108
to 30,106, the associated estimates of annual burden hours has
decreased from 14,366 to 13,946.
$0
No
No
No
No
Yes
No
No
Kenny Wright 202 326-2907
kwright@ftc.gov
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
2025 Supporting Statement 3038-0089.docx
Swap Date Recordkeeping and Reporting Requirements: Pre-Enactment and Transition Swaps