Tax & Finance

CFTC Notice: Renewal of Information Collection 3038-0090 — Swap Transaction Recordkeeping and Utility Special Entity Exemptions

🇺🇸United States··Notice·Low Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

The Commodity Futures Trading Commission (CFTC) is publishing this Federal Register notice to solicit public comments on the proposed renewal of information collection 3038-0090 under the Paperwork Reduction Act (PRA). The collection covers recordkeeping obligations that apply to swap market participants under CFTC regulations 1.3, 1.31, 1.33, 1.35, 1.37, and 1.39, which were adapted to incorporate swaps into existing commodity trading recordkeeping frameworks. A key regulatory element covered by this collection is the exclusion of utility operations-related swaps entered into with utility special entities from the de minimis threshold calculation for swaps with special entities. This exemption is relevant to energy and utility companies engaging in hedging activities with municipal utilities, cooperatives, or other qualifying counterparties. The public has 60 days from the date of publication in the Federal Register to submit comments on this proposed information collection renewal. Comments may address the necessity, utility, accuracy of burden estimates, and ways to minimize reporting burdens on regulated entities. This is a procedural administrative notice — it does not introduce new substantive regulatory requirements but seeks to maintain the legal authority to continue collecting information under the existing framework.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • Proposed renewal (not new creation) of information collection 3038-0090 under the Paperwork Reduction Act
  • Recordkeeping obligations maintained under CFTC regulations 1.3, 1.31, 1.33, 1.35, 1.37, and 1.39
  • Utility operations-related swaps with utility special entities remain excluded from the de minimis threshold calculation for special entity swaps

+ 2 more changes with Pro

Affected Parties

Commodity swap dealers and major swap participantsEnergy and utility companies engaging in hedging swaps+4 more…

Tags

CFTC,swap recordkeeping,Paperwork Reduction Act