80 FR 69947 - Agency Information Collection Activities: Notice of Intent To Renew Collection Number 3038-0080, Annual Report for Chief Compliance Officer of Registrants
COMMODITY FUTURES TRADING COMMISSION Federal Register Volume 80, Issue 218 (November 12, 2015)
Federal Register Volume 80, Issue 218 (November 12, 2015)
| Page Range | 69947-69948 | |
| FR Document | 2015-28732 |
[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)] [Notices] [Pages 69947-69948] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-28732] ======================================================================= ----------------------------------------------------------------------- COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities: Notice of Intent To Renew Collection Number 3038-0080, Annual Report for Chief Compliance Officer of Registrants AGENCY: Commodity Futures Trading Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Commodity Futures Trading Commission (``CFTC'' or ``Commission'') is announcing an opportunity for public comment on the proposed 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 each proposed extension of an existing collection of information, and to allow 60 days for public comment. This notice solicits comments on the collections of information mandated by Commission regulation 3.3 (Chief Compliance Officer). DATES: Comments must be submitted on or before January 11, 2016. ADDRESSES: You may submit comments, identified by ``Annual Report for Chief Compliance Officer of Registrants,'' and Collection Number 3038- 0080 by any of the following methods:The Agency's Web site, at http://comments.cftc.gov/. Follow the instructions for submitting comments through the Web site. Mail: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581. Hand Delivery/Courier: Same as Mail above. Federal eRulemaking Portal: http://www.regulations.gov/. Follow the instructions for submitting comments through the Portal. Please submit your comments using only one method. All comments must be submitted in English, or if not, accompanied by an English translation. Comments will be posted as received to http://www.cftc.gov. FOR FURTHER INFORMATION CONTACT: Jacob Chachkin, Special Counsel, Division of Swap Dealer and Intermediary Oversight, Commodity Futures Trading Commission, (202) 418-5496, email: jchachkin@cftc.gov. SUPPLEMENTARY INFORMATION: Under the PRA,\1\ 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 collection of information listed below. --------------------------------------------------------------------------- \1\ 44 U.S.C. 3501 et seq. --------------------------------------------------------------------------- Title: Annual Report for Chief Compliance Officer of Registrants (OMB Control No. 3038-0080). This is a request for an extension of a currently approved information collection. Abstract: On April 3, 2012, the Commission adopted Commission regulation 3.3 (Chief Compliance Officer) \2\ under sections 4d(d) and 4s(k) \3\ of the Commodity Exchange Act (``CEA''). Commission regulation 3.3 requires each futures commission merchant (``FCM''),\4\ swap dealer (``SD''),\5\ and major swap participant (``MSP'') \6\ to designate, by filing a form 8-R, a chief compliance officer who is responsible for developing and administering policies and procedures that fulfill certain duties of the SD, MSP, or FCM and that are reasonably designed to ensure the registrant's compliance with the CEA and Commission regulations; establishing procedures for the remediation of noncompliance issues identified by the chief compliance officer; establishing procedures for the handling, management response, remediation, retesting, and closing of noncompliance issues; preparing, signing, certifying and filing with the Commission an annual compliance report that contains the information specified in the regulations; amending the annual report if material [[Page 69948]] errors or omissions are identified; and maintaining records of the registrant's compliance policies and procedures and records related to the annual report. The information collection obligations imposed by Commission regulation 3.3 are essential to ensuring that FCMs, SDs, and MSPs maintain comprehensive policies and procedures that promote compliance with the CEA and Commission regulations. In particular, the Commission believes that, among other things, these obligations (i) promote compliance behavior through periodic self-evaluation, (ii) inform the Commission of possible compliance weaknesses, (iii) assist the Commission in determining whether the registrant remains in compliance with the CEA and Commission regulations, and (iv) help the Commission to assess whether the registrant has mechanisms in place to adequately address compliance problems that could lead to a failure of the registrant. With respect to the collection of information, the CFTC invites comments on: --------------------------------------------------------------------------- \2\ 17 CFR 3.3. \3\ 7 U.S.C. 6d(d) and 6s(k). \4\ For the definition of FCM, see section 1a(28) of the CEA and Commission regulation 1.3(p). 7 U.S.C. 1a(28) and 17 CFR 1.3(p). \5\ For the definition of SD, see section 1a(49) of the CEA and Commission regulation 1.3(ggg). 7 U.S.C. 1a(49) and 17 CFR 1.3(ggg). \6\ For the definitions of MSP, see section 1a(33) of the CEA and Commission regulation 1.3(hhh). 7 U.S.C. 1a(33) and 17 CFR 1.3(hhh). --------------------------------------------------------------------------- Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have a practical use; 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; Ways to enhance the quality, usefulness, and clarity of the information to be collected; and 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.\7\ --------------------------------------------------------------------------- \7\ 17 CFR 145.9. --------------------------------------------------------------------------- The Commission reserves the right, but shall have no obligation, to review, pre-screen, filter, redact, refuse or remove any or all of your submission from http://www.cftc.gov that it may deem to be inappropriate for publication, such as obscene language. All submissions that have been redacted or removed that contain comments on the merits of the information collection request will be retained in the public comment file and will be considered as required under the Administrative Procedure Act and other applicable laws, and may be accessible under the Freedom of Information Act. Burden Statement: In light of the contraction in the number of Commission-registered FCMs since the Commission promulgated regulation 3.3, the Commission is revising its estimate of the burden for this collection. Accordingly, the respondent burden for this collection is estimated to be as follows: Number of Registrants: 200. Estimated Average Burden Hours per Registrant: 1006. Estimated Aggregate Burden Hours: 201,200. Frequency of Recordkeeping: Annually or on occasion. Authority: 44 U.S.C. 3501 et seq. Dated: November 6, 2015. Robert N. Sidman, Deputy Secretary of the Commission. [FR Doc. 2015-28732 Filed 11-10-15; 8:45 am] BILLING CODE 6351-01-P
![Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices 69947
(1) A sponsor letter on the letterhead COMMODITY FUTURES TRADING SUPPLEMENTARY INFORMATION: Under the
of the sponsoring U.S. company or U.S. COMMISSION PRA,1 Federal agencies must obtain
organization to be represented, approval from the Office of Management
containing a brief description why the Agency Information Collection and Budget (‘‘OMB’’) for each collection
nominee should be considered for Activities: Notice of Intent To Renew of information they conduct or sponsor.
membership; Collection Number 3038–0080, Annual ‘‘Collection of Information’’ is defined
(2) Short biography of nominee Report for Chief Compliance Officer of in 44 U.S.C. 3502(3) and 5 CFR 1320.3
including credentials; Registrants and includes agency requests or
requirements that members of the public
(3) Brief description of the U.S. AGENCY:Commodity Futures Trading submit reports, keep records, or provide
company or U.S. organization to be Commission. information to a third party. Section
represented and its activities and size
ACTION: Notice. 3506(c)(2)(A) of the PRA, 44 U.S.C.
(number of employees or members and
3506(c)(2)(A), requires Federal agencies
annual sales, if applicable); and SUMMARY: The Commodity Futures to provide a 60-day notice in the
(4) An affirmative statement that the Trading Commission (‘‘CFTC’’ or Federal Register concerning each
applicant meets all Committee ‘‘Commission’’) is announcing an proposed collection of information,
eligibility requirements for opportunity for public comment on the including each proposed extension of an
representative members, including that proposed collection of certain existing collection of information,
the applicant represents a U.S. company information by the agency. Under the before submitting the collection to OMB
or U.S. organization. Paperwork Reduction Act (‘‘PRA’’), for approval. To comply with this
a. For purposes of Committee Federal agencies are required to publish requirement, the CFTC is publishing
eligibility, a U.S. company is at least 51 notice in the Federal Register notice of the proposed collection of
percent owned by U.S. persons. concerning each proposed collection of information listed below.
b. For purposes of Committee information, including each proposed Title: Annual Report for Chief
eligibility, a U.S. organization is extension of an existing collection of Compliance Officer of Registrants (OMB
controlled by U.S. persons, as information, and to allow 60 days for Control No. 3038–0080). This is a
determined based on its board of public comment. This notice solicits request for an extension of a currently
directors (or comparable governing comments on the collections of approved information collection.
body), membership, and funding information mandated by Commission Abstract: On April 3, 2012, the
sources, as applicable. regulation 3.3 (Chief Compliance Commission adopted Commission
Officer). regulation 3.3 (Chief Compliance
In addition to the above requirements
DATES: Comments must be submitted on Officer) 2 under sections 4d(d) and
for all nominations, nominations for
or before January 11, 2016. 4s(k) 3 of the Commodity Exchange Act
experts from academia should also
(‘‘CEA’’). Commission regulation 3.3
provide the following information: ADDRESSES: You may submit comments, requires each futures commission
(1) A description of the nominee’s identified by ‘‘Annual Report for Chief merchant (‘‘FCM’’),4 swap dealer
area(s) of expertise; Compliance Officer of Registrants,’’ and (‘‘SD’’),5 and major swap participant
(2) A concise Curriculum Vitae (CV) Collection Number 3038–0080 by any of (‘‘MSP’’) 6 to designate, by filing a form
or resume that covers education, the following methods: 8–R, a chief compliance officer who is
experience, and relevant publications • The Agency's Web site, at http:// responsible for developing and
and summarizes how this expertise comments.cftc.gov/. Follow the administering policies and procedures
addresses supply chain instructions for submitting comments that fulfill certain duties of the SD,
competitiveness; through the Web site. MSP, or FCM and that are reasonably
(3) An affirmative statement that the • Mail: Christopher Kirkpatrick, designed to ensure the registrant’s
applicant meets all Committee Secretary of the Commission, compliance with the CEA and
eligibility requirements. Commodity Futures Trading Commission regulations; establishing
Commission, Three Lafayette Centre, procedures for the remediation of
Please do not send company or
1155 21st Street NW., Washington, DC noncompliance issues identified by the
organization brochures.
20581. chief compliance officer; establishing
Nominations may be emailed to
• Hand Delivery/Courier: Same as procedures for the handling,
richard.boll@trade.gov, faxed to the management response, remediation,
Mail above.
attention of Richard Boll at 202–482– retesting, and closing of noncompliance
2669, or mailed to Richard Boll, Office • Federal eRulemaking Portal: http://
www.regulations.gov/. Follow the issues; preparing, signing, certifying and
of Supply Chain, Professional & filing with the Commission an annual
Business Services, Room 11014, U.S. instructions for submitting comments
through the Portal. Please submit your compliance report that contains the
Department of Commerce, 1401 information specified in the regulations;
Constitution Avenue NW, Washington, comments using only one method.
amending the annual report if material
DC 20230, and must be received on or All comments must be submitted in
before December 18, 2015. Nominees English, or if not, accompanied by an 1 44 U.S.C. 3501 et seq.
selected for appointment to the English translation. Comments will be 2 17 CFR 3.3.
Committee will be notified. posted as received to http:// 3 7 U.S.C. 6d(d) and 6s(k).
mstockstill on DSK4VPTVN1PROD with NOTICES
www.cftc.gov. 4 For the definition of FCM, see section 1a(28) of
Dated: November 5, 2015. the CEA and Commission regulation 1.3(p). 7 U.S.C.
David Long, FOR FURTHER INFORMATION CONTACT: 1a(28) and 17 CFR 1.3(p).
Director, Office of Supply Chain and Jacob Chachkin, Special Counsel, 5 For the definition of SD, see section 1a(49) of
Professional & Business Services, November Division of Swap Dealer and the CEA and Commission regulation 1.3(ggg). 7
5, 2015. Intermediary Oversight, Commodity U.S.C. 1a(49) and 17 CFR 1.3(ggg).
6 For the definitions of MSP, see section 1a(33) of
[FR Doc. 2015–28743 Filed 11–10–15; 8:45 am] Futures Trading Commission, (202) the CEA and Commission regulation 1.3(hhh). 7
BILLING CODE 3510–DR–P 418–5496, email: jchachkin@cftc.gov. U.S.C. 1a(33) and 17 CFR 1.3(hhh).
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![69948 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices
errors or omissions are identified; and the merits of the information collection Pertaining to Swap Data Recordkeeping
maintaining records of the registrant’s request will be retained in the public and Reporting Requirements: Pre-
compliance policies and procedures and comment file and will be considered as Enactment and Transition Swaps,’’ or
records related to the annual report. The required under the Administrative Renewal 3038–0089, by any of the
information collection obligations Procedure Act and other applicable following methods:
imposed by Commission regulation 3.3 laws, and may be accessible under the • The Agency's Web site, at: http://
are essential to ensuring that FCMs, Freedom of Information Act. comments.cftc.gov/. Follow the
SDs, and MSPs maintain comprehensive Burden Statement: In light of the instructions for submitting comments
policies and procedures that promote contraction in the number of through the Web site.
compliance with the CEA and Commission-registered FCMs since the • Mail: Christopher Kirkpatrick,
Commission regulations. In particular, Commission promulgated regulation Secretary of the Commission,
the Commission believes that, among 3.3, the Commission is revising its Commodity Futures Trading
other things, these obligations (i) estimate of the burden for this Commission, Three Lafayette Centre,
promote compliance behavior through collection. Accordingly, the respondent 1155 21st Street NW., Washington, DC
periodic self-evaluation, (ii) inform the burden for this collection is estimated to 20581.
Commission of possible compliance be as follows: • Hand Delivery/Courier: Same as
weaknesses, (iii) assist the Commission Number of Registrants: 200. Mail above.
in determining whether the registrant Estimated Average Burden Hours per • Federal eRulemaking Portal:
remains in compliance with the CEA Registrant: 1006. http://www.regulations.gov/. Follow the
and Commission regulations, and (iv) Estimated Aggregate Burden Hours: instructions for submitting comments
help the Commission to assess whether 201,200. through the Portal.
the registrant has mechanisms in place Frequency of Recordkeeping: Please submit your comments using
to adequately address compliance Annually or on occasion. only one method.
problems that could lead to a failure of Authority: 44 U.S.C. 3501 et seq. FOR FURTHER INFORMATION CONTACT:
the registrant. With respect to the Thomas Guerin, Division of Market
collection of information, the CFTC Dated: November 6, 2015.
Oversight, Commodity Futures Trading
invites comments on: Robert N. Sidman,
Commission, 1155 21st Street NW.,
• Whether the proposed collection of Deputy Secretary of the Commission. (202) 734–4194, email: tguerin@cftc.gov,
information is necessary for the proper [FR Doc. 2015–28732 Filed 11–10–15; 8:45 am] and refer to OMB Control No. 3038–
performance of the functions of the BILLING CODE 6351–01–P 0089.
Commission, including whether the
information will have a practical use; SUPPLEMENTARY INFORMATION: Under the
• The accuracy of the Commission’s COMMODITY FUTURES TRADING PRA, Federal agencies must obtain
estimate of the burden of the proposed COMMISSION approval from the Office of Management
collection of information, including the and Budget (‘‘OMB’’) for each collection
validity of the methodology and Agency Information Collection of information they conduct or sponsor.
assumptions used; Activities: Notice of Intent To Renew ‘‘Collection of Information’’ is defined
• Ways to enhance the quality, Collection 3038–0089, Swap Data in 44 U.S.C. 3502(3) and 5 CFR 1320.3
usefulness, and clarity of the Recordkeeping and Reporting and includes agency requests or
information to be collected; and Requirements: Pre-Enactment and requirements that members of the public
• Ways to minimize the burden of Transition Swaps submit reports, keep records, or provide
collection of information on those who information to a third party. Section
are to respond, including through the AGENCY: Commodity Futures Trading 3506(c)(2)(A) of the PRA, 44 U.S.C.
use of appropriate automated electronic, Commission. 3506(c)(2)(A), requires Federal agencies
mechanical, or other technological ACTION: Notice. to provide a 60-day notice in the
collection techniques or other forms of Federal Register concerning each
SUMMARY: The Commodity Futures proposed collection of information
information technology; e.g., permitting
Trading Commission (‘‘CFTC’’) is before submitting the collection to OMB
electronic submission of responses.
announcing an opportunity for public for approval. To comply with this
You should submit only information
comment on the proposed collection of requirement, the CFTC is publishing
that you wish to make available
certain information by the agency. notice of the proposed collection of
publicly. If you wish the Commission to
Under the Paperwork Reduction Act information listed below.
consider information that you believe is
(‘‘PRA’’), Federal agencies are required Title: Swap Data Recordkeeping and
exempt from disclosure under the
to publish notice in the Federal Register Reporting Requirements: Pre-Enactment
Freedom of Information Act, a petition
concerning each proposed collection of and Transition Swaps (OMB Control No.
for confidential treatment of the exempt
information and to allow 60 days for 3038–0089). This is a request for
information may be submitted according
public comment. This notice solicits extension of a currently approved
to the procedures established in § 145.9
comments for certain swap data information collection.
of the Commission’s regulations.7
The Commission reserves the right, recordkeeping and reporting Abstract: The collection of
but shall have no obligation, to review, requirements imposed on the following information is needed to ensure that the
pre-screen, filter, redact, refuse or entities: Swap Dealers (‘‘SDs’’), Major CFTC and other regulators have access
Swap Participants (‘‘MSPs’’), and swap
mstockstill on DSK4VPTVN1PROD with NOTICES
remove any or all of your submission to data regarding pre-enactment and
from http://www.cftc.gov that it may counterparties that are neither swap transition swaps, as required by the
deem to be inappropriate for dealers nor major swap participants Commodity Exchange Act as amended
publication, such as obscene language. (‘‘non-SD/MSP counterparties’’). by the Dodd-Frank Wall Street Reform
All submissions that have been redacted DATES: Comments must be submitted on and Consumer Protection Act (‘‘Dodd-
or removed that contain comments on or before January 11, 2016. Frank Act’’). The Dodd-Frank Act
ADDRESSES: You may submit comments, directed the CFTC to adopt rules
7 17 CFR 145.9. identified by ‘‘Renewal of Collection providing for the reporting of data
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Document Created: 2015-12-14 14:53:42
Document Modified: 2015-12-14 14:53:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Comments must be submitted on or before January 11, 2016. | |
| Contact | Jacob Chachkin, Special Counsel, Division of Swap Dealer and Intermediary Oversight, Commodity Futures Trading Commission, (202) 418-5496, email: [email protected] | |
| FR Citation | 80 FR 69947 |
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