82 FR 24688 - Agency Information Collection Activities: Extension of Information Collections Under the Dodd-Frank Act
COMMODITY FUTURES TRADING COMMISSION Federal Register Volume 82, Issue 102 (May 30, 2017)
Federal Register Volume 82, Issue 102 (May 30, 2017)
| Page Range | 24688-24690 | |
| FR Document | 2017-11105 |
[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)] [Notices] [Pages 24688-24690] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11105] ======================================================================= ----------------------------------------------------------------------- COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities: Extension of Information Collections Under the Dodd-Frank Act AGENCY: Commodity Futures Trading Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is announcing an opportunity for public comment on the extension of two information collections (ICs), one concerning the filing of an annual report provided for in the Derivatives Clearing Organization General Provisions and Core Principles regulations and the other concerning the filing of a Subpart C Election Form and other reporting and recordkeeping requirements provided for in subpart C, part 39 of the Commission Regulations. 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, and to allow 60 days for public comment. DATES: Comments must be submitted on or before July 31, 2017. ADDRESSES: You may submit comments, identified by OMB Control No. 3038- 0081 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. FOR FURTHER INFORMATION CONTACT: Tracey Wingate, Special Counsel, Division of Clearing and Risk, Commodity Futures Trading Commission, (202) 418-5318; email: [email protected]. SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501 et seq., 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 collection of information listed below. This notice solicits comments on two ICs contained in OMB Control No. 3038-0081: (A) The filing of an annual report provided for in Derivatives Clearing Organization General Provisions and Core Principles \1\ (part 39 of the Commission Regulations); and, (B) filing of the Subpart C Election Form provided for in subpart C, part 39 of the Commission Regulations for DCOs that elect to be held to the same standards as systemically important DCOs (``SIDCOs'') regulatory requirements (``Subpart C DCOs''). These additional standards are mandatory for SIDCOs and optional for Subpart C DCOs. An agency may not conduct or sponsor, and a person is not required to respond to, an information collection unless it displays a valid OMB control number. An explanation of the ICs and the current burden estimates are provided for below: --------------------------------------------------------------------------- \1\ OMB Control No. 3038-0081 is being retitled to more accurately reflect the information collections covered. --------------------------------------------------------------------------- Title: Derivatives Clearing Organizations, General Regulations and International Standards; OMB Control No. 3038-0081. This is a request for extension of a currently approved OMB Control No. 3038-0081. Abstract: (A) Annual report provided for in Derivatives Clearing Organization General Provisions and Core Principles. Section 725(c) of the Dodd- Frank Act amended Section 5b(c)(2) of the CEA to allow the Commission to establish regulatory standards for compliance with the DCO core principles. Accordingly, the Commission adopted a final rule to set specific standards for compliance with DCO Core Principles.\2\ The DCO Final Rule requires the appointment of a CCO, the filing of an annual report and adherence to certain recordkeeping requirements.\3\ It also allows the Commission to collect information at other times as necessary. The information collected in the annual report pursuant to those regulations is necessary for the Commission to evaluate whether DCOs are complying with Commission regulations. --------------------------------------------------------------------------- \2\ See Derivatives Clearing Organization General Provisions and Core Principles, 76 FR 69334 (November 8, 2011) (DCO Final Rule). \3\ These DCO recordkeeping requirements and associated costs are captured in separate proposed rulemakings under separate OMB Control Nos.; specifically, see Risk Management Requirements for Derivatives Clearing Organizations; 76 FR 3698 (Jan. 20, 2011) (OMB Control No. 3038-0076); Information Management Requirements for Derivatives Clearing Organizations, 75 FR 78185 (Dec. 15, 2010) (OMB Control No. 3038-0069); and Financial Resources requirements for Derivatives Clearing Organizations, 75 FR 63113 (Oct. 14, 2010) (OMB Control No. 3038-0066). --------------------------------------------------------------------------- (B) Subpart C Election Form and other reporting and recordkeeping requirements provided for in subpart C, part 39 of the Commission Regulations. In the Derivatives Clearing Organizations and International Standards final rule (SIDCO-Subpart C DCO Final Rule),\4\ the Commission adopted amendments to its regulations [[Page 24689]] to establish additional standards for compliance with the DCO core principles set forth in Section 5b(c)(2) of the CEA for SIDCOs and Subpart C DCOs which are consistent with certain international standards. Specifically, the additional requirements address any remaining gaps between the Commission's existing regulations and the Principles for Financial Market Infrastructures (``PFMI'') published by the Committee on Payments and Market Infrastructures and the Board of the International Organization of Securities Commissions. --------------------------------------------------------------------------- \4\ See Derivatives Clearing Organizations and International Standards, 78 FR 72476 (December 2, 2013) (SIDCO-Subpart C DCO Final Rule). --------------------------------------------------------------------------- The SIDCO-Subpart C DCO Final Rule also established the process whereby DCO and DCO applicants, respectively, may elect to become Subpart C DCOs subject to the provisions of Subpart C. The election involves filing the Subpart C Election Form contained in appendix B to part 39 of the Commission's regulations, which involves completing certifications, providing exhibits, and drafting and publishing responses to the PFMI Disclosure Framework and PFMI Quantitative Information Disclosure, as applicable. Additionally, the SIDCO-Subpart C DCO Final Rule provides for Commission requests for supplemental information from those requesting Subpart C DCO status; requires amendments to the Subpart C Election Form in the event that a DCO or DCO Applicant, respectively, discovers a material omission or error in, or if there is a material change in, the information provided in the Subpart C Election Form; to submit a notice of withdrawal to the Commission in the event the DCO or DCO applicant determines not to seek Subpart C DCO status prior to such status becoming effective; and procedures by which a Subpart C DCO may rescind its Subpart C DCO status after it has been permitted to take effect. Further, each of these requirements implies recordkeeping that would be produced by a DCO to the Commission on an occasional basis to demonstrate compliance with the rules. The information that would be collected under in subpart C, part 39 of the Commission Regulations is necessary for the Commission to determine whether a DCO meets the Subpart C DCO standards and is likely to be able to maintain compliance with such standards; to evaluate whether SIDCOs and Subpart C DCOs are complying with Commission regulations; and to perform risk analyses with respect to SIDCOs and Subpart C DCOs. With respect to the collection of information, the CFTC invites comments on: 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. 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 Sec. 145.9 of the Commission's regulations.\5\ --------------------------------------------------------------------------- \5\ 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: The total annual time burden for all respondents is estimated to be 18,472 hours. See Appendix A for an individual breakdown for burden for annual reports provided for in Derivatives Clearing Organization General Provisions and Core Principles. See Appendix B for an individual breakdown for burden for Subpart C Election Form and other reporting and recordkeeping requirements provided for in subpart C, part 39 of the Commission Regulations. Authority: 44 U.S.C. 3501 et seq. Dated: May 19, 2017. Robert N. Sidman, Deputy Secretary of the Commission. Appendix A--Derivatives Clearing Organization General Provisions and Core Principles OMB Collection 3038-0081 Annual Reporting Requirements for Derivatives Clearing Organizations ---------------------------------------------------------------------------------------------------------------- Estimated total number of hours Reports Estimated of annual Estimated number of respondents per year annually by Total annual average number burden in each responses of hours per fiscal year respondent response (maximum: 12 x 80) ---------------------------------------------------------------------------------------------------------------- 12.......................................... 1 12 40-80 480-960 ---------------------------------------------------------------------------------------------------------------- Appendix B--Subpart C Election Form and Other Reporting and Recordkeeping Requirements Provided for in Subpart C, Part 39 of the Commission Regulations OMB Collection 3038-0081 [[Page 24690]] SIDCO/Subpart C DCO Regulations--Reporting Collection ---------------------------------------------------------------------------------------------------------------- Estimated Estimated Reports Estimated total number number of annually by Total annual average number of hours of respondents each responses of hours per annual burden per year response in fiscal year ---------------------------------------------------------------------------------------------------------------- Certifications--Subpart C 5 1 5 25 125 Election Form.................. Exhibits A thru G--Subpart C 5 1 5 155 775 Election Form.................. Disclosure Framework Responses.. 5 1 5 200 1,000 Quantitative Information 5 1 5 80 400 Disclosures.................... Supplemental Information........ 5 5 25 45 1,125 Amendments to Subpart C Election 5 3 15 8 120 Form........................... Withdrawal Notices.............. 1 1 1 2 2 Rescission Notices.............. 1 75 75 3 225 Written Governance Arrangements. 7 1 7 200 1,400 Governance Disclosures.......... 7 6 42 3 126 Financial and Liquidity Resource 7 1 7 120 840 Documentation.................. Stress Test Results............. 7 16 112 14 1,568 Disclosure Framework 2 1 2 200 400 Requirements (SIDCOs Only)..... Disclosure Framework 7 1 7 80 560 Requirements (Both)............ Quantitative Information 2 1 2 80 160 Disclosures (SIDCOs Only)...... Quantitative Information 7 1 7 35 245 Disclosures (Both)............. Transaction, Segregation, 7 2 14 35 490 Portability Disclosures........ Efficiency and Effectiveness 7 1 7 3 21 Review......................... Recovery and Wind-Down Plan..... 7 1 7 480 3,360 ------------------------------------------------------------------------------- Totals...................... .............. 120 350 1,768 12,942 ---------------------------------------------------------------------------------------------------------------- SIDCO/Subpart C DCO Regulations--Recordkeeping Collection ---------------------------------------------------------------------------------------------------------------- Estimated Estimated Records to be Estimated total number number of kept annually Total annual average number of hours of recordkeepers by each responses of hours per annual burden per year record in fiscal year ---------------------------------------------------------------------------------------------------------------- Generally....................... 5 82 410 1 2,050 Liquidity Resource Due Diligence 7 4 28 10 280 and Testing.................... Financial and Liquidity 7 4 28 10 280 Resources, Excluding Due Diligence...................... Generally....................... 7 28 196 10 1,960 ------------------------------------------------------------------------------- Totals...................... .............. 118 662 31 4,570 ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-11105 Filed 5-26-17; 8:45 am] BILLING CODE 6351-01-P
![24688 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Notices
determined that formal consultation notice in the Federal Register provided for in subpart C, part 39 of the
under section 7 of the ESA is not concerning each proposed collection of Commission Regulations for DCOs that
required for this action. information, including each proposed elect to be held to the same standards
extension of an existing collection, and as systemically important DCOs
National Environmental Policy Act
to allow 60 days for public comment. (‘‘SIDCOs’’) regulatory requirements
In compliance with NOAA policy, the DATES: Comments must be submitted on (‘‘Subpart C DCOs’’). These additional
National Environmental Policy Act of or before July 31, 2017. standards are mandatory for SIDCOs
1969 (NEPA) (42 U.S.C. 4321 et seq.), and optional for Subpart C DCOs. An
ADDRESSES: You may submit comments,
and the Council on Environmental agency may not conduct or sponsor, and
Quality Regulations (40 CFR parts 1500– identified by OMB Control No. 3038–
0081 by any of the following methods: a person is not required to respond to,
1508), NMFS determined the issuance an information collection unless it
of the IHA qualifies to be categorically • The Agency’s Web site, at http://
comments.cftc.gov/. Follow the displays a valid OMB control number.
excluded from further NEPA review. An explanation of the ICs and the
This action is consistent with categories instructions for submitting comments
current burden estimates are provided
of activities identified in CE B4 of the through the Web site.
for below:
Companion Manual for NOAA • Mail: Christopher Kirkpatrick,
Title: Derivatives Clearing
Administrative Order 216–6A, which do Secretary of the Commission,
Organizations, General Regulations and
not individually or cumulatively have Commodity Futures Trading International Standards; OMB Control
the potential for significant impacts on Commission, Three Lafayette Centre, No. 3038–0081. This is a request for
the quality of the human environment 1155 21st Street NW., Washington, DC extension of a currently approved OMB
and we have not identified any 20581. Control No. 3038–0081.
• Hand Delivery/Courier: Same as Abstract:
extraordinary circumstances that would
Mail above. (A) Annual report provided for in
preclude this categorical exclusion.
• Federal eRulemaking Portal: http:// Derivatives Clearing Organization
Authorization www.regulations.gov/. Follow the General Provisions and Core Principles.
NMFS has issued an IHA to the NPS instructions for submitting comments Section 725(c) of the Dodd-Frank Act
at Glacier Bay NP for the harassment of through the Portal. amended Section 5b(c)(2) of the CEA to
small numbers of harbor seals incidental Please submit your comments using allow the Commission to establish
to conducting monitoring and research only one method. regulatory standards for compliance
studies on glaucous-winged gulls within FOR FURTHER INFORMATION CONTACT: with the DCO core principles.
Glacier Bay NP, Alaska provided the Tracey Wingate, Special Counsel, Accordingly, the Commission adopted a
previously mentioned mitigation, Division of Clearing and Risk, final rule to set specific standards for
monitoring, and reporting requirements Commodity Futures Trading compliance with DCO Core Principles.2
are incorporated. Commission, (202) 418–5318; email: The DCO Final Rule requires the
Dated: May 23, 2017. twingate@cftc.gov. appointment of a CCO, the filing of an
Donna S. Wieting, SUPPLEMENTARY INFORMATION: Under the annual report and adherence to certain
PRA, 44 U.S.C. 3501 et seq., Federal recordkeeping requirements.3 It also
Director, Office of Protected Resources,
National Marine Fisheries Service. agencies must obtain approval from the allows the Commission to collect
Office of Management and Budget information at other times as necessary.
[FR Doc. 2017–11036 Filed 5–26–17; 8:45 am]
(OMB) for each collection of The information collected in the annual
BILLING CODE 3510–22–P
information they conduct or sponsor. report pursuant to those regulations is
‘‘Collection of Information’’ is defined necessary for the Commission to
in 44 U.S.C. 3502(3) and 5 CFR 1320.3 evaluate whether DCOs are complying
COMMODITY FUTURES TRADING with Commission regulations.
and includes agency requests or
COMMISSION (B) Subpart C Election Form and other
requirements that members of the public
submit reports, keep records, or provide reporting and recordkeeping
Agency Information Collection
information to a third party. Section requirements provided for in subpart C,
Activities: Extension of Information
3506(c)(2)(A) of the PRA, 44 U.S.C. part 39 of the Commission Regulations.
Collections Under the Dodd-Frank Act
3506(c)(2)(A), requires Federal agencies In the Derivatives Clearing
AGENCY: Commodity Futures Trading to provide a 60-day notice in the Organizations and International
Commission. Federal Register concerning each Standards final rule (SIDCO-Subpart C
ACTION: Notice. proposed collection of information DCO Final Rule),4 the Commission
before submitting the collection to OMB adopted amendments to its regulations
SUMMARY: The Commodity Futures
for approval. To comply with this
Trading Commission (‘‘Commission’’ or 2 See Derivatives Clearing Organization General
requirement, the CFTC is publishing
‘‘CFTC’’) is announcing an opportunity Provisions and Core Principles, 76 FR 69334
notice of the proposed collection of (November 8, 2011) (DCO Final Rule).
for public comment on the extension of
information listed below. 3 These DCO recordkeeping requirements and
two information collections (ICs), one This notice solicits comments on two associated costs are captured in separate proposed
concerning the filing of an annual report ICs contained in OMB Control No. rulemakings under separate OMB Control Nos.;
provided for in the Derivatives Clearing 3038–0081: (A) The filing of an annual specifically, see Risk Management Requirements for
Organization General Provisions and report provided for in Derivatives
Derivatives Clearing Organizations; 76 FR 3698 (Jan.
Core Principles regulations and the 20, 2011) (OMB Control No. 3038–0076);
sradovich on DSK3GMQ082PROD with NOTICES
Clearing Organization General Information Management Requirements for
other concerning the filing of a Subpart Provisions and Core Principles 1 (part 39 Derivatives Clearing Organizations, 75 FR 78185
C Election Form and other reporting and (Dec. 15, 2010) (OMB Control No. 3038–0069); and
of the Commission Regulations); and,
recordkeeping requirements provided Financial Resources requirements for Derivatives
(B) filing of the Subpart C Election Form Clearing Organizations, 75 FR 63113 (Oct. 14, 2010)
for in subpart C, part 39 of the
(OMB Control No. 3038–0066).
Commission Regulations. Under the 1 OMB Control No. 3038–0081 is being retitled to 4 See Derivatives Clearing Organizations and
Paperwork Reduction Act (‘‘PRA’’), more accurately reflect the information collections International Standards, 78 FR 72476 (December 2,
Federal agencies are required to publish covered. 2013) (SIDCO-Subpart C DCO Final Rule).
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![24690 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Notices
SIDCO/SUBPART C DCO REGULATIONS—REPORTING COLLECTION
Estimated Estimated total
Estimated Reports average number of
number of Total annual
annually by number of hours of
respondents responses
each hours per annual burden
per year response in fiscal year
Certifications—Subpart C Election Form ............................. 5 1 5 25 125
Exhibits A thru G—Subpart C Election Form ...................... 5 1 5 155 775
Disclosure Framework Responses ...................................... 5 1 5 200 1,000
Quantitative Information Disclosures ................................... 5 1 5 80 400
Supplemental Information .................................................... 5 5 25 45 1,125
Amendments to Subpart C Election Form ........................... 5 3 15 8 120
Withdrawal Notices .............................................................. 1 1 1 2 2
Rescission Notices ............................................................... 1 75 75 3 225
Written Governance Arrangements ..................................... 7 1 7 200 1,400
Governance Disclosures ...................................................... 7 6 42 3 126
Financial and Liquidity Resource Documentation ............... 7 1 7 120 840
Stress Test Results .............................................................. 7 16 112 14 1,568
Disclosure Framework Requirements (SIDCOs Only) ........ 2 1 2 200 400
Disclosure Framework Requirements (Both) ....................... 7 1 7 80 560
Quantitative Information Disclosures (SIDCOs Only) .......... 2 1 2 80 160
Quantitative Information Disclosures (Both) ........................ 7 1 7 35 245
Transaction, Segregation, Portability Disclosures ............... 7 2 14 35 490
Efficiency and Effectiveness Review ................................... 7 1 7 3 21
Recovery and Wind-Down Plan ........................................... 7 1 7 480 3,360
Totals ............................................................................ ........................ 120 350 1,768 12,942
SIDCO/SUBPART C DCO REGULATIONS—RECORDKEEPING COLLECTION
Estimated Estimated total
Estimated Records to be average number of
number of Total annual
kept annually number of hours of
recordkeepers responses
by each hours per annual burden
per year record in fiscal year
Generally .............................................................................. 5 82 410 1 2,050
Liquidity Resource Due Diligence and Testing ................... 7 4 28 10 280
Financial and Liquidity Resources, Excluding Due Dili-
gence ................................................................................ 7 4 28 10 280
Generally .............................................................................. 7 28 196 10 1,960
Totals ............................................................................ ........................ 118 662 31 4,570
[FR Doc. 2017–11105 Filed 5–26–17; 8:45 am] ADDRESSES: The address of the open 1976 (5 U.S.C. 552b, as amended), and
BILLING CODE 6351–01–P meeting is the Gatehouse, 8111 41 CFR 102–3.140 and 102–3.150.
Gatehouse Road, Room 252A/B, Falls Availability of Materials for the
Church, Virginia 22042 (registration Meeting: Additional information,
requested; see guidance in including the agenda, is available at the
DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION, ‘‘Meeting DHB Web site, http://www.health.mil/
Accessibility’’). dhb.
Office of the Secretary
Purpose of the Meeting: The
FOR FURTHER INFORMATION CONTACT:
Defense Health Board; Notice of Department of Defense is publishing
CAPT Juliann Althoff, Medical Corps, this notice to announce a Federal
Federal Advisory Committee Meeting U.S. Navy, (703) 681–6653 (Voice), (703) Advisory Committee meeting of the
ADDRESSES: Under Secretary of Defense 681–9539 (Facsimile), Defense Health Board (DHB). The DHB
for Personnel and Readiness, juliann.m.althoff.mil@mail.mil (Email). provides independent advice and
Department of Defense. Mailing address is 7700 Arlington recommendations to maximize the
Boulevard, Suite 5101, Falls Church, safety and quality of, as well as access
ACTION: Notice of Federal Advisory
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sradovich on DSK3GMQ082PROD with NOTICES
(DoD) is publishing this notice to be found on the Web site. on specific taskings before the DHB.
announce that the following Federal SUPPLEMENTARY INFORMATION: This Agenda: Pursuant to 5 U.S.C. 552b
Advisory Committee meeting of the meeting is being held under the and 41 CFR 102–3.140 through 102–
Defense Health Board will take place. provisions of the Federal Advisory 3.165 and subject to availability of
DATES: Open to the public Monday, June Committee Act (FACA) of 1972 (5 space, the meeting is open to the public
26, 2017 from 9:15 a.m. to 12:30 p.m. U.S.C., Appendix, as amended), the from 9:15 a.m. to 12:30 p.m. and from
and from 1:30 p.m. to 5:00 p.m. Government in the Sunshine Act of 1:30 p.m. to 5:00 p.m. on June 26, 2017.
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Document Created: 2018-11-08 08:54:53
Document Modified: 2018-11-08 08:54:53
| 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 July 31, 2017. | |
| Contact | Tracey Wingate, Special Counsel, Division of Clearing and Risk, Commodity Futures Trading Commission, (202) 418-5318; email: [email protected] | |
| FR Citation | 82 FR 24688 |
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