82 FR 34932 - Agency Information Collection Activities Under OMB Review
COMMODITY FUTURES TRADING COMMISSION Federal Register Volume 82, Issue 143 (July 27, 2017)
Federal Register Volume 82, Issue 143 (July 27, 2017)
| Page Range | 34932-34933 | |
| FR Document | 2017-15857 |
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)] [Notices] [Pages 34932-34933] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15857] ======================================================================= ----------------------------------------------------------------------- COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities Under OMB Review AGENCY: Commodity Futures Trading Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (``PRA''), this notice announces that the Information Collection Request (``ICR'') abstracted below has been forwarded to the Office of Management and Budget (``OMB'') for review and comment. The ICR describes the nature of the information collection and its expected costs and burden. DATES: Comments must be submitted on or before August 28, 2017. ADDRESSES: Comments regarding the burden estimated or any other aspect of the information collection, including suggestions for reducing the burden, may be submitted directly to the Office of Information and Regulatory Affairs (``OIRA'') in OMB, within 30 days of the notice's publication, by either of the following methods. Please identify the comments by OMB Control No. 3038-0075.By email addressed to: [email protected]; or By mail addressed to: Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for the Commodity Futures Trading Commission, 725 17th Street NW., Washington, DC 20503. A copy of all comments submitted to OIRA should be sent to the Commodity Futures Trading Commission (``CFTC'' or ``Commission'') by either of the following methods. The copies should refer to OMB Control No. 3038-0075. By submission through the Commission's Web site: http://comments.cftc.gov. Please follow the instructions for submitting comments through the Web site; By mail addressed to: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581; or By hand delivery/courier to: The address listed above for submission mail. FOR FURTHER INFORMATION CONTACT: Gregory Scopino, Special Counsel, 202- 418-5175, email: [email protected], CFTC Division of Swap Dealer and Intermediary Oversight. SUPPLEMENTARY INFORMATION: [[Page 34933]] Supporting statements. A copy of the supporting statements for the collection of information discussed herein may be obtained by visiting http://RegInfo.gov. Comment instructions. 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 (``FOIA''), 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, 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 ICR 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 FOIA. Title: Protection of Collateral of Counterparties to Uncleared Swaps; Treatment of Securities in a Portfolio Margining Account in a Commodity Broker Bankruptcy (OMB Control No. 3038-0075). This is a request for an extension of a currently approved information collection. Abstract: On November 6, 2013, the Commission issued final rules implementing statutory provisions pursuant to Title VII of the Dodd- Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act'') and imposing requirements on swap dealers (``SD'') and major swap participants (``MSP'') with respect to the treatment of collateral posted by their counterparties to margin, guarantee, or secure uncleared swaps.\1\ Additionally, the final rule includes revisions to ensure that, for purposes of subchapter IV of chapter 7 of the Bankruptcy Code, securities held in a portfolio margining account that is a futures account or a Cleared Swaps Customer Account constitute ``customer property''; and owners of such accounts constitute ``customers.'' \2\ Section 4s(l) of the Commodity Exchange Act (``CEA'') sets forth certain requirements concerning the rights of counterparties of SDs and MSPs with respect to the segregation of money, securities, or other property used to margin, guarantee, or otherwise secure uncleared swaps. Section 23.701 of the Commission's regulations implements part of the new statutory requirements by specifying that certain information must be provided to counterparties about the terms and conditions of segregation, including price information, to the extent that the SD or MSP has such information, and the identity of one or more independent depositories for segregated collateral. Section 23.704 implements the requirements of CEA section 4s(l)(4), which dictates that, in certain circumstances, an SD or MSP must report to the counterparty, on a quarterly basis, ``that the back office procedures of the swap dealer or major swap participant relating to margin and collateral requirements are in compliance with the agreement of the counterparties.'' --------------------------------------------------------------------------- \1\ 78 FR 66621 (Nov. 6, 2013). \2\ Id. --------------------------------------------------------------------------- As discussed above, the rules establish reporting and recordkeeping requirements that are mandated by section 4s(l) of the CEA, which states that SDs and MSPs must notify their counterparties of the right to have their initial margin segregated and to maintain the confirmations and elections related to such notices as business records. The reporting and recordkeeping requirements are necessary to implement the objectives of section 4s(1). For example, the information received by uncleared swap counterparties pursuant to Sec. 23.701 of the Commission's regulations would alert counterparties to their statutory right, if they so choose, to have funds or property used as margin in uncleared swaps transactions with SDs and MSPs kept segregated from the property of the SD or MSP. Likewise, the information provided would further alert counterparties of the need to request such segregation if they wish to exercise this right. Similarly, the information received by uncleared swap counterparties pursuant to Sec. 23.704 would be used to confirm that the back office procedures followed by a SD or MSP with whom they are dealing comply with the agreement of the parties. On May 12, 2017, the Commission published in the Federal Register a notice of the proposed extension of this information collection and provided 60 days for public comment on the proposed extension. See 82 FR 22118 (May 12, 2017). The Commission received no relevant comments. Burden Statement: The Commission is revising its estimate of the burden for this collection to reflect the current number of registered SDs and MSPs. Accordingly, the respondent burden for this collection is estimated to be as follows: Number of Registrants: 102. Estimated Average Burden Hours per Registrant: 3406. Estimated Aggregate Burden Hours: 347,412. Frequency of Recordkeeping: As applicable. Authority: 44 U.S.C. 3501 et seq. Dated: July 24, 2017. Christopher J. Kirkpatrick, Secretary of the Commission. [FR Doc. 2017-15857 Filed 7-26-17; 8:45 am] BILLING CODE 6351-01-P
![34932 Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices
Permit Application Received to create an SJRRP broodstock, and self- COMMODITY FUTURES TRADING
sustaining population, that is a robust COMMISSION
Permit 20571
representation of the genetic and
The Service has applied for an phenotypic diversity of the species. As Agency Information Collection
enhancement permit under section described in the HGMP, collection Activities Under OMB Review
10(a)(1)(A) of the ESA for a period of would be in accordance with the SJRRP
five years that would allow take of AGENCY: Commodity Futures Trading
genetic management goal to promote
multiple life stages of CV spring-run Commission.
and protect genetic diversity within the
Chinook salmon and CCV steelhead. reestablishing population while ACTION: Notice.
Hatchery activities included in the safeguarding against negative genetic
permit application would result in take SUMMARY: In compliance with the
effects to out-of-basin source and non- Paperwork Reduction Act of 1995
of CV spring-run Chinook salmon only. target populations. Details for collection
Hatchery activities would be permitted (‘‘PRA’’), this notice announces that the
by source and life stage, including Information Collection Request (‘‘ICR’’)
pursuant to the draft final HGMP, which quarantine and pathology testing
is attached to the permit application. abstracted below has been forwarded to
protocols, are included in the permit the Office of Management and Budget
Monitoring and in-river research application. Hatchery-produced fish and
activities, also included in the (‘‘OMB’’) for review and comment. The
ancillary broodstock may be released at ICR describes the nature of the
application, could result in take of both various life stages based on production
CV spring-run Chinook salmon and CCV information collection and its expected
targets, hatchery capacity, river costs and burden.
steelhead. conditions, and program needs.
The activities would occur under the DATES: Comments must be submitted on
Population monitoring and evaluation
auspices of the SJRRP and are related to may include adult monitoring by video, or before August 28, 2017.
the reintroduction of salmonids to the ADDRESSES: Comments regarding the
acoustic tracking, visual surveys, and
San Joaquin River (SJR). This Service burden estimated or any other aspect of
redd and spawning surveys; juvenile
has previously conducted the information collection, including
monitoring may consist of various
reintroduction activities under suggestions for reducing the burden,
outmigrant traps, and fry emergence
10(a)(1)(A) permits 14868 and 17781. may be submitted directly to the Office
monitoring. For a more detailed
Permit 14868, issued October 11, 2012, of Information and Regulatory Affairs
discussion of the monitoring activities,
authorized collection of broodstock (‘‘OIRA’’) in OMB, within 30 days of the
please see the permit application
from Feather River Hatchery (FRFH) for notice’s publication, by either of the
package.
the Interim Salmon Conservation and following methods. Please identify the
Research Facility (Interim Facility) and Public Comments Solicited comments by OMB Control No. 3038–
Salmon Conservation and Research NMFS invites the public to comment 0075.
Facility (SCARF), which is currently on the permit application and • By email addressed to:
under construction. Permit 17781, associated HGMP during a 30 day OIRAsubmissions@omb.eop.gov; or
issued March 21, 2014, authorized public comment period beginning on • By mail addressed to: Office of
collections from FRFH for direct the date of this notice. This notice is Information and Regulatory Affairs,
translocation to the SJR, the release of Office of Management and Budget,
provided pursuant to section 10(c) of
broodstock offspring and ancillary Attention: Desk Officer for the
the ESA (16 U.S.C. 1529(c)). All
broodstock to the SJR, trap and haul of Commodity Futures Trading
comments and materials received,
returning adults, and population Commission, 725 17th Street NW.,
including names and addresses, will
monitoring activities. The Service is Washington, DC 20503.
become part of the administrative record
proposing to continue with previously A copy of all comments submitted to
and may be released to the public. We
authorized work in addition to some OIRA should be sent to the Commodity
provide this notice in order to allow the
new activities to further reintroduction Futures Trading Commission (‘‘CFTC’’
public, agencies, or other organizations
efforts. or ‘‘Commission’’) by either of the
Under the application for Permit to review and comment on these
documents. following methods. The copies should
20571, proposed take activities for CV refer to OMB Control No. 3038–0075.
spring-Run Chinook salmon include: (1) Next Steps • By submission through the
Broodstock collection, (2) broodstock NMFS will evaluate the applications, Commission’s Web site: http://
rearing and spawning, (3) broodstock associated documents, and comments comments.cftc.gov. Please follow the
offspring (hatchery origin) and ancillary submitted to determine whether the instructions for submitting comments
broodstock releases, (4) release of applications meet the requirements of through the Web site;
translocated hatchery origin juveniles, section 10(a)(1)(A) of the ESA and • By mail addressed to: Christopher
and (5) trap and haul of juveniles and Federal regulations. The final permit Kirkpatrick, Secretary of the
returning adults. Activities also include decisions will not be made until after Commission, Commodity Futures
restoration area monitoring and in-river the end of the 30-day public comment Trading Commission, Three Lafayette
research, which could involve take of period and after NMFS has fully Centre, 1155 21st Street NW.,
both CV spring-run Chinook salmon and considered all relevant comments Washington, DC 20581; or
CCV steelhead. received. NMFS will publish notice of • By hand delivery/courier to: The
Broodstock collections, as with all address listed above for submission
its final action in the Federal Register.
hatchery activities, would occur
mstockstill on DSK30JT082PROD with NOTICES
Dated: July 24, 2017. mail.
pursuant to the attached HGMP, and
include potential collections from Butte Angela Somma, FOR FURTHER INFORMATION CONTACT:
Creek (juvenile life stage), FRFH Chief, Endangered Species Division, Office Gregory Scopino, Special Counsel, 202–
(juvenile and/or egg life stage), or/and of Protected Resources, National Marine 418–5175, email: gscopino@cftc.gov,
the SJR (adult, juvenile, and/or egg life Fisheries Service. CFTC Division of Swap Dealer and
stage). The purpose of collecting [FR Doc. 2017–15803 Filed 7–26–17; 8:45 am] Intermediary Oversight.
individuals from Butte Creek is to help BILLING CODE 3510–22–P SUPPLEMENTARY INFORMATION:
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![Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices 34933
Supporting statements. A copy of the MSPs with respect to the segregation of number of registered SDs and MSPs.
supporting statements for the collection money, securities, or other property Accordingly, the respondent burden for
of information discussed herein may be used to margin, guarantee, or otherwise this collection is estimated to be as
obtained by visiting http://RegInfo.gov. secure uncleared swaps. Section 23.701 follows:
Comment instructions. All comments of the Commission’s regulations Number of Registrants: 102.
must be submitted in English, or if not, implements part of the new statutory Estimated Average Burden Hours per
accompanied by an English translation. requirements by specifying that certain Registrant: 3406.
Comments will be posted as received to information must be provided to Estimated Aggregate Burden Hours:
http://www.cftc.gov. You should submit counterparties about the terms and 347,412.
only information that you wish to make conditions of segregation, including Frequency of Recordkeeping: As
available publicly. If you wish the price information, to the extent that the applicable.
Commission to consider information SD or MSP has such information, and Authority: 44 U.S.C. 3501 et seq.
that you believe is exempt from the identity of one or more independent Dated: July 24, 2017.
disclosure under the Freedom of depositories for segregated collateral. Christopher J. Kirkpatrick,
Information Act (‘‘FOIA’’), a petition for Section 23.704 implements the
Secretary of the Commission.
confidential treatment of the exempt requirements of CEA section 4s(l)(4),
information may be submitted according [FR Doc. 2017–15857 Filed 7–26–17; 8:45 am]
which dictates that, in certain
to the procedures established in § 145.9 circumstances, an SD or MSP must BILLING CODE 6351–01–P
of the Commission’s regulations, 17 CFR report to the counterparty, on a
145.9. The Commission reserves the quarterly basis, ‘‘that the back office
right, but shall have no obligation, to COMMODITY FUTURES TRADING
procedures of the swap dealer or major
review, pre-screen, filter, redact, refuse COMMISSION
swap participant relating to margin and
or remove any or all of your submission collateral requirements are in Agency Information Collection
from http://www.cftc.gov that it may compliance with the agreement of the Activities Under OMB Review
deem to be inappropriate for counterparties.’’
publication, such as obscene language. As discussed above, the rules AGENCY: Commodity Futures Trading
All submissions that have been redacted establish reporting and recordkeeping Commission.
or removed that contain comments on requirements that are mandated by ACTION: Notice.
the merits of the ICR will be retained in section 4s(l) of the CEA, which states
the public comment file and will be that SDs and MSPs must notify their SUMMARY: In compliance with the
considered as required under the counterparties of the right to have their Paperwork Reduction Act of 1995
Administrative Procedure Act and other initial margin segregated and to (‘‘PRA’’), this notice announces that the
applicable laws, and may be accessible maintain the confirmations and Information Collection Request (‘‘ICR’’)
under the FOIA. elections related to such notices as abstracted below has been forwarded to
Title: Protection of Collateral of business records. The reporting and the Office of Management and Budget
Counterparties to Uncleared Swaps; recordkeeping requirements are (‘‘OMB’’) for review and comment. The
Treatment of Securities in a Portfolio necessary to implement the objectives of ICR describes the nature of the
Margining Account in a Commodity section 4s(1). For example, the information collection and its expected
Broker Bankruptcy (OMB Control No. information received by uncleared swap costs and burden.
3038–0075). This is a request for an counterparties pursuant to § 23.701 of DATES: Comments must be submitted on
extension of a currently approved the Commission’s regulations would or before August 28, 2017.
information collection. alert counterparties to their statutory ADDRESSES: Comments regarding the
Abstract: On November 6, 2013, the right, if they so choose, to have funds burden estimated or any other aspect of
Commission issued final rules or property used as margin in uncleared the information collection, including
implementing statutory provisions swaps transactions with SDs and MSPs suggestions for reducing the burden,
pursuant to Title VII of the Dodd-Frank kept segregated from the property of the may be submitted directly to the Office
Wall Street Reform and Consumer SD or MSP. Likewise, the information of Information and Regulatory Affairs
Protection Act (‘‘Dodd-Frank Act’’) and provided would further alert (‘‘OIRA’’) in OMB, within 30 days of the
imposing requirements on swap dealers counterparties of the need to request notice’s publication, by either of the
(‘‘SD’’) and major swap participants such segregation if they wish to exercise following methods. Please identify the
(‘‘MSP’’) with respect to the treatment of this right. Similarly, the information comments by OMB Control No. 3038–
collateral posted by their counterparties received by uncleared swap 0091.
to margin, guarantee, or secure counterparties pursuant to § 23.704 • By email addressed to:
uncleared swaps.1 Additionally, the would be used to confirm that the back OIRAsubmissions@omb.eop.gov; or
final rule includes revisions to ensure office procedures followed by a SD or • By mail addressed to: Office of
that, for purposes of subchapter IV of MSP with whom they are dealing Information and Regulatory Affairs,
chapter 7 of the Bankruptcy Code, comply with the agreement of the Office of Management and Budget,
securities held in a portfolio margining parties. On May 12, 2017, the Attention: Desk Officer for the
account that is a futures account or a Commission published in the Federal Commodity Futures Trading
Cleared Swaps Customer Account Register a notice of the proposed Commission, 725 17th Street NW.,
constitute ‘‘customer property’’; and extension of this information collection Washington, DC 20503.
owners of such accounts constitute and provided 60 days for public A copy of all comments submitted to
mstockstill on DSK30JT082PROD with NOTICES
‘‘customers.’’ 2 Section 4s(l) of the comment on the proposed extension. OIRA should be sent to the Commodity
Commodity Exchange Act (‘‘CEA’’) sets See 82 FR 22118 (May 12, 2017). The Futures Trading Commission (‘‘CFTC’’
forth certain requirements concerning Commission received no relevant or ‘‘Commission’’) by either of the
the rights of counterparties of SDs and comments. following methods. The copies should
Burden Statement: The Commission refer to OMB Control No. 3038–0091.
1 78 FR 66621 (Nov. 6, 2013). is revising its estimate of the burden for • By submission through the
2 Id. this collection to reflect the current Commission’s Web site: http://
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Document Created: 2017-07-27 02:07:20
Document Modified: 2017-07-27 02:07:20
| 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 August 28, 2017. | |
| Contact | Gregory Scopino, Special Counsel, 202- 418-5175, email: [email protected], CFTC Division of Swap Dealer and Intermediary Oversight. | |
| FR Citation | 82 FR 34932 |
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