82_FR_19744 82 FR 19663 - Agency Information Collection Activities: Proposed Collection Revision, Comment Request: Adoption of Revised Registration Form 8-R and Cancellation of Form 3-R

82 FR 19663 - Agency Information Collection Activities: Proposed Collection Revision, Comment Request: Adoption of Revised Registration Form 8-R and Cancellation of Form 3-R

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 82, Issue 81 (April 28, 2017)

Page Range19663-19665
FR Document2017-08559

The Commodity Futures Trading Commission (``CFTC'' or the ``Commission'') is announcing an opportunity for public comment on the proposed revision to the collection of certain information by the Commission. Under the Paperwork Reduction Act (``PRA''), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information and to allow 60 days for public comment. The Commission revised its Form 8-R, the application form that individuals use to register with the Commission or to be listed as a principal. This notice solicits comments on the PRA implications of the revisions to Form 8-R, including comments that address the burdens associated with the modified information collection requirements of the revised Form 8-R. Additionally, this notice also solicits comments on the PRA implications of reassigning the burdens associated with the information collections requirements of Commission Form 3-R, which is no longer used, to Commission Forms 7-R and 8-R.

Federal Register, Volume 82 Issue 81 (Friday, April 28, 2017)
[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Notices]
[Pages 19663-19665]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08559]


=======================================================================
-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities: Proposed Collection 
Revision, Comment Request: Adoption of Revised Registration Form 8-R 
and Cancellation of Form 3-R

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commodity Futures Trading Commission (``CFTC'' or the 
``Commission'') is announcing an opportunity for public comment on the 
proposed revision to the collection of certain information by the 
Commission. Under the Paperwork Reduction Act (``PRA''), Federal 
agencies are required to publish notice in the Federal Register 
concerning each proposed collection of information and to allow 60 days 
for public comment. The Commission revised its Form 8-R, the 
application form that individuals use to register with the Commission 
or to be listed as a principal. This notice solicits comments on the 
PRA implications of the revisions to Form 8-R, including comments that 
address the burdens associated with the modified information collection 
requirements of the revised Form 8-R. Additionally, this notice also 
solicits comments on the PRA implications of reassigning the burdens 
associated with the information collections requirements of Commission 
Form 3-R, which is no longer used, to Commission Forms 7-R and 8-R.

DATES: Comments must be submitted on or before June 27, 2017.

ADDRESSES: You may submit comments, identified by ``OMB control numbers 
3038-0023 and 3038-0072; Adoption of Revised Registration Form 8-R and 
Cancellation of Form 3-R,'' by any of the following methods:
     The Commission's Web site, via its Comments Online process 
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. 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 Regulation 145.9.\1\
---------------------------------------------------------------------------

    \1\ 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.

FOR FURTHER INFORMATION CONTACT: Laura Gardy, Associate Director, (202) 
418-7645, [email protected]; or August A. Imholtz III, Special Counsel, 
(202) 418-5140, [email protected], Division of Swap Dealer and 
Intermediary Oversight, Commodity Futures Trading Commission, 1155 21st 
Street NW., Washington, DC 20581.

SUPPLEMENTARY INFORMATION: Under the PRA, 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 before submitting 
the collection to OMB for approval. To comply with this requirement, 
the CFTC is publishing notice of the proposed revision to the 
collections of information listed below. 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 number.
    Titles: Registration Under the Commodity Exchange Act (OMB control 
number 3038-0023); Registration of Swap Dealers and Major Swap 
Participants (OMB control number 3038-0072). This is a request for 
extension and revision of these currently approved information 
collections.
    Abstract: The Commission recently revised its Form 8-R, the 
application form that individuals must use to register with the 
Commission as an associated person, floor broker, or floor trader, or 
to be listed as a principal. The collections of information related to 
Form 8-R were previously approved by OMB in accordance with the PRA and 
assigned OMB control numbers 3038-0023 and 3038-0072. Additionally, the 
Commission no longer requires individuals and entities to use 
Commission Form 3-R to update their registration information, which now 
can be updated directly on Forms 7-R or 8-R. The Commission therefore 
is reassigning to Forms 7-R and 8-R the information collection burdens 
previously associated with Commission Form 3-R. The collection of 
information related to Form 3-R was previously approved by OMB in 
accordance with the PRA and assigned OMB control number 3038-0023.

1. Form 8-R Revision

    The revised Form 8-R contains several changes that increase the 
existing information collection burden, currently 0.8 hours, associated 
with Form 8-R. The Commission estimates that the changes, which are 
discussed below, when considered together in aggregate add a total of 
0.1 burden hours to the information collection burdens associated with 
Form 8-R.

[[Page 19664]]

    First, in the ``Fingerprint Card Information'' section, revised 
Form 8-R adds two new questions. One new question addresses new 
requirements and exemptions thereto contained in Commission Regulation 
3.21(e) applicable to non-U.S. persons. The other new question 
addresses the fingerprinting requirement exception for certain outside 
directors of registered firms. Second, in the section titled 
``Disciplinary Information--Regulatory Disclosures,'' a new question 
was added to existing Question E. Among other things, Question E 
inquires whether the applicant (or an entity of which the applicant was 
a principal) violated, or aided and abetted the violation of, any 
investment-related statutes or regulations, a potential statutory basis 
for refusing or conditioning registration. The new question directs the 
applicant to disclose whether he or she has ever been found to have 
``failed to supervise another person's activities under any investment-
related statute or regulation.'' Third, in the section titled 
``Disciplinary Information--Financial Disclosures,'' the Commission 
revised Question J. Prior to the revision, Question J asked whether the 
applicant has ``currently failed to comply with any order to pay any 
futures-related civil monetary penalties, restitution amounts, 
disgorgement amounts, reparation amounts or arbitration awards.'' As 
revised, Question J now inquires whether the applicant ``failed to pay 
any arbitration awards involving CFTC-regulated products, CFTC civil 
monetary penalties, CFTC restitution amounts, CFTC disgorgement 
amounts, or CFTC reparation amounts.''
    The revised Form 8-R also contains several changes that do not 
alter the information collection burdens associated with Form 8-R. 
First, the revised Form 8-R combines into a single form two separate, 
existing versions of the Form 8-R, the Form 8-R ``Individual 
Application'' and the Form 8-R ``Floor Trader Order Enterer Individual 
Application,'' both of which were previously approved by OMB. In the 
section titled ``Sponsor Information and Registration Categories,'' the 
revised Form 8-R adds ``floor trader order enterer'' as a new category 
of persons that can be associated with a sponsor. Also in connection 
with this change, the revised Form 8-R includes two newly defined 
terms: ``entity floor trader'' and ``floor trader order enterer.'' 
Second, in the section titled ``Principal Information,'' the prior 
version of Form 8-R contained a blank space in which an applicant 
entered a title. In the revised Form 8-R, the space is replaced with a 
list of available titles for applicants to choose from. Third, NFA is 
simplifying the process by which it requests supplemental information 
and documentation regarding the applicant's criminal, regulatory or 
financial disclosures. The prior version of Form 8-R requested that 
applicants provide a written explanation of the facts and circumstances 
regarding any such disclosures. Applicants were also separately 
requested to provide NFA with copies of pertinent documents associated 
with each disclosure. To consolidate and modernize this process, the 
revised Form 8-R allows applicants to complete a separate ``Disclosure 
Matter Page'' for each matter, instance or event requiring disclosure 
and to simultaneously upload all pertinent documents associated with 
each disclosure. The Disclosure Matter Page provides applicants with an 
efficient and effective method of supplying the supplemental 
information and documentation that NFA requests in the normal course 
whenever an applicant responds affirmatively to any of the questions 
regarding criminal, regulatory or financial disclosures.
    Lastly, the revised Form 8-R contains numerous changes to the 
language, formatting and organization of Form 8-R, all of which--
individually and collectively--do not alter the information collection 
burdens associated with Form 8-R. The only changes to Form 8-R that 
affect the information collection burdens associated with the form are 
those discussed above.

2. Cancellation of Form 3-R

    Commission Regulations 3.11 and 3.31 historically required entities 
and individuals to use Commission Form 3-R to update or correct certain 
types of information that originally was supplied on Commission Forms 
7-R or 8-R, the registration forms for entities and individuals 
respectively. Regulations 3.11 and 3.31 were amended in 2012 to reflect 
a new practice whereby Forms 7-R and 8-R could be directly updated 
online, and the requirement to use Form 3-R for updates, or for any 
other purpose, was deleted from the Commission rules. At that time, 
however, the Commission did not reassign to Forms 7-R and 8-R the 
information collection burden associated with the Form 3-R. The 
Commission is doing so now.
    The information collection burden associated with Form 3-R is 0.1 
hours. In reassigning that burden to Forms 7-R and 8-R, the Commission 
believes that it is appropriate to adopt a conservative approach and 
assign an additional 0.1 hours each to the Form 7-R and 8-R. 
Accordingly, by virtue of cancelling Form 3-R, and reassigning to Forms 
7-R and 8-R the information collection burdens associated with Form 3-
R, the information collections burdens for Forms 7-R and 8-R each will 
increase by 0.1 hours. The reassignment of the information collection 
burden from Form 3-R to Forms 7-R and 8-R reallocates the information 
collection burdens within OMB control number 3038-0023, and does not 
increase or decrease the total information collection burden under that 
control number.

3. Invitation to Comment

    With respect to the information collections discussed above, the 
CFTC invites comments on:
     Whether the proposed revision to the 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 revision to the 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 further use of 
appropriate automated electronic, mechanical, or other technological 
collection techniques or other forms of information technology; e.g., 
permitting electronic submission of responses.
    Burden Statement: As explained above, the Commission believes that 
the revisions to Form 8-R increase the information collection burdens 
associated with that Form under OMB control numbers 3038-0023 and 3038-
0072. Additionally, the Commission believes that reassigning to Forms 
7-R and 8-R the information collection burdens formerly associated with 
Commission Form 3-R reallocates the information collection burdens 
within OMB control number 3038-0023, and therefore does not increase or 
decrease the total information collection burden under that control 
number.
    The Commission estimates the burden of this collection of 
information under OMB control number 3038-0023 to be:
    Respondents/Affected Entities: (1) Users of Form 7-R, specifically 
futures commission merchants, retail foreign exchange dealers, 
introducing brokers, commodity trading advisors, commodity pool 
operators, floor trader firms, and

[[Page 19665]]

leverage transaction merchants; and (2) users of Form 8-R, specifically 
(i) associated persons of futures commission merchants, retail foreign 
exchange dealers, introducing brokers, commodity trading advisors, 
commodity pool operators, and leverage transaction merchants; floor 
brokers; (ii) principals of futures commission merchants, retail 
foreign exchange dealers, introducing brokers, commodity trading 
advisors, commodity pool operators, floor trader firms, or leverage 
transaction merchants; (iii) floor brokers; (iv) floor traders; and (v) 
floor trader order enterers.
    Estimated Number of Respondents: 78,109.
    Estimated Total Annual Burden on Respondents: 7,210 hours.
    Frequency of Collection: Periodically.
    There are no capital costs or operating and maintenance costs 
associated with this collection.
    The Commission estimates the burden of this collection of 
information under OMB control number 3038-0072 to be:
    Respondents/Affected Entities: (1) Users of Form 7-R, specifically 
swap dealers and major swap participants; and (2) users of Form 8-R, 
specifically principals of swap dealers and of major swap participants.
    Estimated Number of Respondents: 770.
    Estimated Total Annual Burden on Respondents: 648 hours.
    Frequency of Collection: Periodically.
    There are no capital costs or operating and maintenance costs 
associated with this collection.

    Authority: 44 U.S.C. 3501 et seq.

    Dated: April 24, 2017.
Robert N. Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2017-08559 Filed 4-27-17; 8:45 am]
BILLING CODE 6351-01-P



                                                                                     Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices                                           19663

                                                       Agency                                     3038–0023 and 3038–0072; Adoption of                            and Budget (‘‘OMB’’) for each collection
                                                    NSN(s)—Product Name(s): 1430–01–133–          Revised Registration Form 8–R and                               of information they conduct or sponsor.
                                                       8435—Bag, Storage                          Cancellation of Form 3–R,’’ by any of                           ‘‘Collection of Information’’ is defined
                                                    Mandatory Source(s) of Supply: Huntsville     the following methods:                                          in 44 U.S.C. 3502(3) and 5 CFR 1320.3
                                                       Rehabilitation Foundation, Huntsville,        • The Commission’s Web site, via its                         and includes agency requests or
                                                       AL
                                                                                                  Comments Online process at http://                              requirements that members of the public
                                                    Contracting Activity: Defense Logistics
                                                       Agency Land and Maritime                   comments.cftc.gov/. Follow the                                  submit reports, keep records, or provide
                                                                                                  instructions for submitting comments                            information to a third party. Section
                                                    Service                                       through the Web site.                                           3506(c)(2)(A) of the PRA, 44 U.S.C.
                                                    Service Type: Customization & Distribution       • Mail: Christopher Kirkpatrick,                             3506(c)(2)(A), requires Federal agencies
                                                         of NRPM Service Department of the        Secretary of the Commission,                                    to provide a 60-day notice in the
                                                         Navy, FISC Norfolk: Detachment 1322      Commodity Futures Trading                                       Federal Register concerning each
                                                         Patterson Ave. SE. Washington Navy       Commission, Three Lafayette Centre,                             proposed collection of information
                                                         Yard, Washington DC
                                                    Mandatory Source(s) of Supply: Industries for 1155 21st Street NW., Washington, DC                            before submitting the collection to OMB
                                                         the Blind, Inc., West Allis, WI          20581.                                                          for approval. To comply with this
                                                    Contracting Activity: Dept of Defense/           • Hand Delivery/Courier: Same as                             requirement, the CFTC is publishing
                                                         Department of the Navy                   Mail above.                                                     notice of the proposed revision to the
                                                                                                     • Federal eRulemaking Portal: http://                        collections of information listed below.
                                                    Amy B. Jensen,
                                                                                                  www.regulations.gov/. Follow the                                An agency may not conduct or sponsor,
                                                    Director, Business Operations.                instructions for submitting comments                            and a person is not required to respond
                                                    [FR Doc. 2017–08613 Filed 4–27–17; 8:45 am]   through the Portal.                                             to, a collection of information unless it
                                                    BILLING CODE 6353–01–P                           Please submit your comments using                            displays a currently valid OMB number.
                                                                                                  only one method.                                                   Titles: Registration Under the
                                                                                                     All comments must be submitted in                            Commodity Exchange Act (OMB control
                                                    COMMODITY FUTURES TRADING                     English, or if not, accompanied by an                           number 3038–0023); Registration of
                                                    COMMISSION                                    English translation. Comments will be                           Swap Dealers and Major Swap
                                                                                                  posted as received to http://                                   Participants (OMB control number
                                                    Agency Information Collection                 www.cftc.gov. You should submit only                            3038–0072). This is a request for
                                                    Activities: Proposed Collection               information that you wish to make                               extension and revision of these
                                                    Revision, Comment Request: Adoption available publicly. If you wish the                                       currently approved information
                                                    of Revised Registration Form 8–R and          Commission to consider information                              collections.
                                                    Cancellation of Form 3–R                      that you believe is exempt from                                    Abstract: The Commission recently
                                                    AGENCY: Commodity Futures Trading             disclosure under the Freedom of                                 revised its Form 8–R, the application
                                                    Commission.                                   Information Act, a petition for                                 form that individuals must use to
                                                    ACTION: Notice.
                                                                                                  confidential treatment of the exempt                            register with the Commission as an
                                                                                                  information may be submitted according                          associated person, floor broker, or floor
                                                    SUMMARY: The Commodity Futures                to the procedures established in                                trader, or to be listed as a principal. The
                                                    Trading Commission (‘‘CFTC’’ or the           Regulation 145.9.1                                              collections of information related to
                                                    ‘‘Commission’’) is announcing an                 The Commission reserves the right,                           Form 8–R were previously approved by
                                                    opportunity for public comment on the         but shall have no obligation, to review,                        OMB in accordance with the PRA and
                                                    proposed revision to the collection of        pre-screen, filter, redact, refuse or                           assigned OMB control numbers 3038–
                                                    certain information by the Commission. remove any or all of your submission                                   0023 and 3038–0072. Additionally, the
                                                    Under the Paperwork Reduction Act             from http://www.cftc.gov that it may                            Commission no longer requires
                                                    (‘‘PRA’’), Federal agencies are required      deem to be inappropriate for                                    individuals and entities to use
                                                    to publish notice in the Federal Register publication, such as obscene language.                              Commission Form 3–R to update their
                                                    concerning each proposed collection of        All submissions that have been redacted                         registration information, which now can
                                                    information and to allow 60 days for          or removed that contain comments on                             be updated directly on Forms 7–R or 8–
                                                    public comment. The Commission                the merits of the information collection                        R. The Commission therefore is
                                                    revised its Form 8–R, the application         request will be retained in the public                          reassigning to Forms 7–R and 8–R the
                                                    form that individuals use to register         comment file and will be considered as                          information collection burdens
                                                    with the Commission or to be listed as        required under the Administrative                               previously associated with Commission
                                                    a principal. This notice solicits             Procedure Act and other applicable                              Form 3–R. The collection of information
                                                    comments on the PRA implications of           laws, and may be accessible under the                           related to Form 3–R was previously
                                                    the revisions to Form 8–R, including          Freedom of Information Act.                                     approved by OMB in accordance with
                                                    comments that address the burdens             FOR FURTHER INFORMATION CONTACT:                                the PRA and assigned OMB control
                                                    associated with the modified                  Laura Gardy, Associate Director, (202)                          number 3038–0023.
                                                    information collection requirements of        418–7645, lgardy@cftc.gov; or August A.
                                                    the revised Form 8–R. Additionally, this Imholtz III, Special Counsel, (202) 418–                             1. Form 8–R Revision
                                                    notice also solicits comments on the          5140, aimholtz@cftc.gov, Division of                              The revised Form 8–R contains
                                                    PRA implications of reassigning the           Swap Dealer and Intermediary                                    several changes that increase the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    burdens associated with the information Oversight, Commodity Futures Trading                                  existing information collection burden,
                                                    collections requirements of Commission Commission, 1155 21st Street NW.,                                      currently 0.8 hours, associated with
                                                    Form 3–R, which is no longer used, to         Washington, DC 20581.                                           Form 8–R. The Commission estimates
                                                    Commission Forms 7–R and 8–R.                 SUPPLEMENTARY INFORMATION: Under the                            that the changes, which are discussed
                                                    DATES: Comments must be submitted on          PRA, Federal agencies must obtain                               below, when considered together in
                                                    or before June 27, 2017.                      approval from the Office of Management                          aggregate add a total of 0.1 burden hours
                                                    ADDRESSES: You may submit comments,                                                                           to the information collection burdens
                                                    identified by ‘‘OMB control numbers             1 17 CFR 145.9.                                               associated with Form 8–R.


                                               VerDate Sep<11>2014   17:38 Apr 27, 2017   Jkt 241001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\28APN1.SGM   28APN1


                                                    19664                            Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices

                                                       First, in the ‘‘Fingerprint Card                     with a list of available titles for                   additional 0.1 hours each to the Form 7–
                                                    Information’’ section, revised Form 8–R                 applicants to choose from. Third, NFA                 R and 8–R. Accordingly, by virtue of
                                                    adds two new questions. One new                         is simplifying the process by which it                cancelling Form 3–R, and reassigning to
                                                    question addresses new requirements                     requests supplemental information and                 Forms 7–R and 8–R the information
                                                    and exemptions thereto contained in                     documentation regarding the applicant’s               collection burdens associated with Form
                                                    Commission Regulation 3.21(e)                           criminal, regulatory or financial                     3–R, the information collections
                                                    applicable to non-U.S. persons. The                     disclosures. The prior version of Form                burdens for Forms 7–R and 8–R each
                                                    other new question addresses the                        8–R requested that applicants provide a               will increase by 0.1 hours. The
                                                    fingerprinting requirement exception for                written explanation of the facts and                  reassignment of the information
                                                    certain outside directors of registered                 circumstances regarding any such                      collection burden from Form 3–R to
                                                    firms. Second, in the section titled                    disclosures. Applicants were also                     Forms 7–R and 8–R reallocates the
                                                    ‘‘Disciplinary Information—Regulatory                   separately requested to provide NFA                   information collection burdens within
                                                    Disclosures,’’ a new question was added                 with copies of pertinent documents                    OMB control number 3038–0023, and
                                                    to existing Question E. Among other                     associated with each disclosure. To                   does not increase or decrease the total
                                                    things, Question E inquires whether the                 consolidate and modernize this process,               information collection burden under
                                                    applicant (or an entity of which the                    the revised Form 8–R allows applicants                that control number.
                                                    applicant was a principal) violated, or                 to complete a separate ‘‘Disclosure
                                                                                                            Matter Page’’ for each matter, instance               3. Invitation to Comment
                                                    aided and abetted the violation of, any
                                                    investment-related statutes or                          or event requiring disclosure and to                     With respect to the information
                                                    regulations, a potential statutory basis                simultaneously upload all pertinent                   collections discussed above, the CFTC
                                                    for refusing or conditioning registration.              documents associated with each                        invites comments on:
                                                    The new question directs the applicant                  disclosure. The Disclosure Matter Page                   • Whether the proposed revision to
                                                    to disclose whether he or she has ever                  provides applicants with an efficient                 the collection of information is
                                                    been found to have ‘‘failed to supervise                and effective method of supplying the                 necessary for the proper performance of
                                                    another person’s activities under any                   supplemental information and                          the functions of the Commission,
                                                    investment-related statute or                           documentation that NFA requests in the                including whether the information will
                                                    regulation.’’ Third, in the section titled              normal course whenever an applicant                   have a practical use;
                                                    ‘‘Disciplinary Information—Financial                    responds affirmatively to any of the                     • The accuracy of the Commission’s
                                                    Disclosures,’’ the Commission revised                   questions regarding criminal, regulatory              estimate of the burden of the proposed
                                                    Question J. Prior to the revision,                      or financial disclosures.                             revision to the collection of information,
                                                    Question J asked whether the applicant                     Lastly, the revised Form 8–R contains              including the validity of the
                                                    has ‘‘currently failed to comply with                   numerous changes to the language,                     methodology and assumptions used;
                                                                                                            formatting and organization of Form 8–                   • Ways to enhance the quality,
                                                    any order to pay any futures-related
                                                                                                            R, all of which—individually and                      usefulness, and clarity of the
                                                    civil monetary penalties, restitution
                                                                                                            collectively—do not alter the                         information to be collected; and
                                                    amounts, disgorgement amounts,                                                                                   • Ways to minimize the burden of
                                                    reparation amounts or arbitration                       information collection burdens
                                                                                                            associated with Form 8–R. The only                    collection of information on those who
                                                    awards.’’ As revised, Question J now                                                                          are to respond, including through the
                                                    inquires whether the applicant ‘‘failed                 changes to Form 8–R that affect the
                                                                                                            information collection burdens                        further use of appropriate automated
                                                    to pay any arbitration awards involving                                                                       electronic, mechanical, or other
                                                                                                            associated with the form are those
                                                    CFTC-regulated products, CFTC civil                                                                           technological collection techniques or
                                                                                                            discussed above.
                                                    monetary penalties, CFTC restitution                                                                          other forms of information technology;
                                                    amounts, CFTC disgorgement amounts,                     2. Cancellation of Form 3–R                           e.g., permitting electronic submission of
                                                    or CFTC reparation amounts.’’                              Commission Regulations 3.11 and                    responses.
                                                       The revised Form 8–R also contains                   3.31 historically required entities and                  Burden Statement: As explained
                                                    several changes that do not alter the                   individuals to use Commission Form 3–                 above, the Commission believes that the
                                                    information collection burdens                          R to update or correct certain types of               revisions to Form 8–R increase the
                                                    associated with Form 8–R. First, the                    information that originally was supplied              information collection burdens
                                                    revised Form 8–R combines into a single                 on Commission Forms 7–R or 8–R, the                   associated with that Form under OMB
                                                    form two separate, existing versions of                 registration forms for entities and                   control numbers 3038–0023 and 3038–
                                                    the Form 8–R, the Form 8–R ‘‘Individual                 individuals respectively. Regulations                 0072. Additionally, the Commission
                                                    Application’’ and the Form 8–R ‘‘Floor                  3.11 and 3.31 were amended in 2012 to                 believes that reassigning to Forms 7–R
                                                    Trader Order Enterer Individual                         reflect a new practice whereby Forms 7–               and 8–R the information collection
                                                    Application,’’ both of which were                       R and 8–R could be directly updated                   burdens formerly associated with
                                                    previously approved by OMB. In the                      online, and the requirement to use Form               Commission Form 3–R reallocates the
                                                    section titled ‘‘Sponsor Information and                3–R for updates, or for any other                     information collection burdens within
                                                    Registration Categories,’’ the revised                  purpose, was deleted from the                         OMB control number 3038–0023, and
                                                    Form 8–R adds ‘‘floor trader order                      Commission rules. At that time,                       therefore does not increase or decrease
                                                    enterer’’ as a new category of persons                  however, the Commission did not                       the total information collection burden
                                                    that can be associated with a sponsor.                  reassign to Forms 7–R and 8–R the                     under that control number.
                                                    Also in connection with this change, the                information collection burden                            The Commission estimates the burden
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    revised Form 8–R includes two newly                     associated with the Form 3–R. The                     of this collection of information under
                                                    defined terms: ‘‘entity floor trader’’ and              Commission is doing so now.                           OMB control number 3038–0023 to be:
                                                    ‘‘floor trader order enterer.’’ Second, in                 The information collection burden                     Respondents/Affected Entities: (1)
                                                    the section titled ‘‘Principal                          associated with Form 3–R is 0.1 hours.                Users of Form 7–R, specifically futures
                                                    Information,’’ the prior version of Form                In reassigning that burden to Forms 7–                commission merchants, retail foreign
                                                    8–R contained a blank space in which                    R and 8–R, the Commission believes                    exchange dealers, introducing brokers,
                                                    an applicant entered a title. In the                    that it is appropriate to adopt a                     commodity trading advisors, commodity
                                                    revised Form 8–R, the space is replaced                 conservative approach and assign an                   pool operators, floor trader firms, and


                                               VerDate Sep<11>2014   17:38 Apr 27, 2017   Jkt 241001   PO 00000   Frm 00013   Fmt 4703   Sfmt 4703   E:\FR\FM\28APN1.SGM   28APN1


                                                                                     Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices                                                     19665

                                                    leverage transaction merchants; and (2)                 CONTACT PERSON FOR MORE INFORMATION:                    major swap participant, floor trader or
                                                    users of Form 8–R, specifically (i)                     Christopher Kirkpatrick, 202–418–5964.                  leverage transaction merchant also must
                                                    associated persons of futures                                                                                   file a completed Form 8–R.3 Lastly,
                                                                                                            Natise Allen,
                                                    commission merchants, retail foreign                                                                            individuals that enter orders for floor
                                                    exchange dealers, introducing brokers,                  Executive Assistant.                                    trader firms must file the Form 8–R as
                                                    commodity trading advisors, commodity                   [FR Doc. 2017–08684 Filed 4–26–17; 11:15 am]            well.4 Individual applicants have been
                                                    pool operators, and leverage transaction                BILLING CODE 6351–01–P                                  required to use Form 8–R since 1977.5
                                                    merchants; floor brokers; (ii) principals                                                                          Form 8–R requests information about
                                                    of futures commission merchants, retail                                                                         the applicant that can be used to assess
                                                    foreign exchange dealers, introducing                   COMMODITY FUTURES TRADING                               the applicant’s fitness to engage in
                                                    brokers, commodity trading advisors,                    COMMISSION                                              business as a derivatives professional.
                                                    commodity pool operators, floor trader                                                                          Form 8–R is a Commission form
                                                                                                            Adoption of Revised Registration Form                   maintained and used primarily by the
                                                    firms, or leverage transaction merchants;               8–R
                                                    (iii) floor brokers; (iv) floor traders; and                                                                    NFA. NFA is currently the only
                                                    (v) floor trader order enterers.                        AGENCY: Commodity Futures Trading                       registered futures association authorized
                                                       Estimated Number of Respondents:                     Commission.                                             by the Commission in accordance with
                                                    78,109.                                                 ACTION: Notice.
                                                                                                                                                                    Section 17 of the Commodity Exchange
                                                       Estimated Total Annual Burden on                                                                             Act (‘‘Act’’).6 Pursuant to Section 17(o)
                                                    Respondents: 7,210 hours.                               SUMMARY:    The Commodity Futures                       of the Act,7 Regulation 3.2,8 and a series
                                                       Frequency of Collection: Periodically.               Trading Commission (the                                 of orders, the Commission delegated to
                                                       There are no capital costs or operating              ‘‘Commission’’ or ‘‘CFTC’’) is revising                 NFA certain registration functions
                                                    and maintenance costs associated with                   its Form 8–R, the application form that                 including, among other things, the
                                                    this collection.                                        individuals must use to register with the               processing of all Form 8–R filings.9
                                                       The Commission estimates the burden                  Commission as an associated person of                   Since the first delegation to NFA in
                                                    of this collection of information under                 a registrant, floor broker, or floor trader,            1984, NFA has developed substantial
                                                    OMB control number 3038–0072 to be:                     or to be listed as a principal of a                     expertise in registration matters,
                                                       Respondents/Affected Entities: (1)                   registrant (collectively, ‘‘applicants’’).              including reviewing and processing
                                                    Users of Form 7–R, specifically swap                    DATES: Effective Date: The new, revised
                                                                                                                                                                    completed Forms 8–R. In 2002, with the
                                                    dealers and major swap participants;                    version of Form 8–R shall be effective                  approval of the Commission, NFA
                                                    and (2) users of Form 8–R, specifically                 (and the prior version shall cease to be                transitioned from a paper-based
                                                    principals of swap dealers and of major                 effective) when the National Futures                    registration system to an online
                                                    swap participants.                                                                                              registration system that utilizes, among
                                                                                                            Association (‘‘NFA’’) makes the new,
                                                       Estimated Number of Respondents:                                                                             other things, an electronic version of
                                                                                                            revised version of the Form 8–R
                                                    770.                                                                                                            Form 8–R.10
                                                       Estimated Total Annual Burden on                     available on the NFA Web site for use
                                                    Respondents: 648 hours.                                 by individual applicants.                                  3 17 CFR 3.1(a); 3.10(a)(2); 3.11(a)(1). While

                                                       Frequency of Collection: Periodically.               FOR FURTHER INFORMATION CONTACT: Erik                   ‘‘principal’’ is not technically a registration class
                                                       There are no capital costs or operating              F. Remmler, Deputy Director, (202) 418–                 and principals do not apply for registration, for
                                                                                                                                                                    purposes of this Notice, the Form 8–R filings by
                                                    and maintenance costs associated with                   7630, eremmler@cftc.gov; Laura Gardy,                   principals will be referred to with the other Form
                                                    this collection.                                        Associate Director, (202) 418–7645,                     8–R filings as ‘‘registration applications.’’
                                                       Authority: 44 U.S.C. 3501 et seq.
                                                                                                            lgardy@cftc.gov; or August A. Imholtz                      4 17 CFR 3.11(a)(1).

                                                                                                            III, Special Counsel, (202) 418–5140,                      5 Revision of Registration Forms and Amendment
                                                      Dated: April 24, 2017.                                aimholtz@cftc.gov, Division of Swap                     of Related Rules, 42 FR 23988 (May 11, 1977) (Form
                                                    Robert N. Sidman,                                                                                               8–R replaced Forms 2–R, 4–R and 94).
                                                                                                            Dealer and Intermediary Oversight,                         6 7 U.S.C. 21 (2012).
                                                    Deputy Secretary of the Commission.                     Commodity Futures Trading                                  7 7 U.S.C. 21(o) (2012).
                                                    [FR Doc. 2017–08559 Filed 4–27–17; 8:45 am]             Commission, 1155 21st Street NW.,                          8 17 CFR 3.2.

                                                    BILLING CODE 6351–01–P                                  Washington, DC 20581.                                      9 See, e.g., Introducing Brokers and Associated

                                                                                                            SUPPLEMENTARY INFORMATION:                              Persons of Introducing Brokers; Authorization of
                                                                                                                                                                    National Futures Association to Perform
                                                    COMMODITY FUTURES TRADING                               I. Background                                           Commission Registration Functions, 48 FR 35158
                                                                                                                                                                    (Aug. 3, 1983); Performance of Registration
                                                    COMMISSION                                                 Individuals acting in certain                        Functions by National Futures Association, 49 FR
                                                                                                            capacities in the markets regulated by                  39593 (Oct. 9, 1984) (futures commission
                                                    Sunshine Act Meetings                                   the Commission must file a completed                    merchants, commodity pool operators, commodity
                                                                                                                                                                    trading advisors, and associated persons thereof);
                                                    TIME AND DATE:  11:00 a.m., Thursday,                   Form 8–R with NFA.1 These applicants                    Performance of Registration Functions by National
                                                    May 4, 2017.                                            include: Associated persons of futures                  Futures Association; Delegation of Authority, 51 FR
                                                                                                            commission merchants, retail foreign                    34490 (Sept. 29, 1986) (floor brokers); Performance
                                                    PLACE: Three Lafayette Centre, 1155 21st                                                                        of Registration Functions by National Futures
                                                                                                            exchange dealers, introducing brokers,
                                                    Street NW., Washington, DC, 9th Floor                   commodity trading advisors, commodity
                                                                                                                                                                    Association with Respect to Floor Traders and Floor
                                                    Commission Conference Room.                                                                                     Brokers, 58 FR 19657 (Apr. 15, 1993); and
                                                                                                            pool operators, and leverage transaction                Performance of Registration Functions by National
                                                    STATUS: Closed.                                         merchants; floor brokers; and floor                     Futures Association with Respect to Swap Dealers
                                                    MATTERS TO BE CONSIDERED:                                                                                       and Major Swap Participants, 77 FR 2708 (Jan. 19,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            traders.2 Additionally, any individual
                                                    Surveillance, enforcement, and                                                                                  2012).
                                                                                                            acting in the capacity as principal of a                   10 Registration of Intermediaries, 67 FR 38869
                                                    examinations matters. In the event that                 futures commission merchant, retail                     (June 6, 2002). The transition to an online
                                                    the time, date, or location of this                     foreign exchange dealer, introducing                    registration system has permitted greater
                                                    meeting changes, an announcement of                     broker, commodity trading advisor,                      efficiencies, including allowing individuals to
                                                    the change, along with the new time,                                                                            update their existing Forms 8–R instead of
                                                                                                            commodity pool operator, swap dealer,                   completing a separate Form 3–R. To that end, in
                                                    date, and/or place of the meeting will be                                                                       2012, the Commission eliminated the requirement
                                                    posted on the Commission’s Web site at                    1 17   CFR 3.10(a)(2), 3.11(a), and 3.12(c).          that registrants and individuals use Form 3–R to
                                                    http://www.cftc.gov.                                      2 17   CFR 3.11(a); 3.12(c).                                                                     Continued




                                               VerDate Sep<11>2014   17:38 Apr 27, 2017   Jkt 241001   PO 00000   Frm 00014    Fmt 4703    Sfmt 4703   E:\FR\FM\28APN1.SGM   28APN1



Document Created: 2017-04-28 03:02:44
Document Modified: 2017-04-28 03:02:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be submitted on or before June 27, 2017.
ContactLaura Gardy, Associate Director, (202) 418-7645, [email protected]; or August A. Imholtz III, Special Counsel, (202) 418-5140, [email protected], Division of Swap Dealer and Intermediary Oversight, Commodity Futures Trading Commission, 1155 21st Street NW., Washington, DC 20581.
FR Citation82 FR 19663 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR