82_FR_56449 82 FR 56222 - Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0082, Whistleblower Provision

82 FR 56222 - Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0082, Whistleblower Provision

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 82, Issue 227 (November 28, 2017)

Page Range56222-56223
FR Document2017-25704

The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is announcing an opportunity for public comment on the extension of a proposed collection of certain information by the agency. Under the Paperwork Reduction Act (``PRA''), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment. In August 2011, the Commission adopted a final rule, as required by Wall Street Reform and Consumer Protection Act (``Dodd- Frank Act''), requiring the submission of whistleblower information to the Commission on the Forms TCR and WB-APP. This notice solicits comments on the proposed Information Collection Request (``ICR'') titled: Renewal for Whistleblower Provision; OMB Control Number 3038- 0082.

Federal Register, Volume 82 Issue 227 (Tuesday, November 28, 2017)
[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Pages 56222-56223]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25704]


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COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities: Notice of Intent To 
Renew Collection 3038-0082, Whistleblower Provision

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 a proposed collection of certain information by the 
agency. Under the Paperwork Reduction Act (``PRA''), Federal agencies 
are required to publish notice in the Federal Register concerning each 
proposed collection of information, including each proposed extension 
of an existing collection of information, and to allow 60 days for 
public comment. In August 2011, the Commission adopted a final rule, as 
required by Wall Street Reform and Consumer Protection Act (``Dodd-
Frank Act''), requiring the submission of whistleblower information to 
the Commission on the Forms TCR and WB-APP. This notice solicits 
comments on the proposed Information Collection Request (``ICR'') 
titled: Renewal for Whistleblower Provision; OMB Control Number 3038-
0082.

DATES: Comments must be submitted on or before January 29, 2018.

ADDRESSES: You may submit comments, identified by OMB Control No. 3038-
0082 by any of the following methods:
     The Agency's Web site, via its Comments Online process: 
http://comments.cftc.gov. Follow the instructions for submitting 
comments through the Web site.
     Mail: 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/search/index.jsp. Follow the instructions for submitting comments.
    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 Sec.  145.9 of the Commission's regulations.\1\
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    \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

[[Page 56223]]

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 Freedom of 
---------------------------------------------------------------------------
Information Act.

FOR FURTHER INFORMATION CONTACT: Christopher Ehrman, Director, 
Whistleblower Office, Commodity Futures Trading Commission, (202) 418-
7650; email: [email protected].

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(c) and 
includes agency requests or requirements that members of the public 
submit reports, keep records, or provide information to a third party. 
Section 3506(c)(2)(A) of the PRA, 44 U.S.C. 3506(c)(2)(A), requires 
Federal agencies to provide a 60-day notice in the Federal Register 
concerning each proposed collection of information, including each 
proposed extension of an existing collection of information, before 
submitting the collection to OMB for approval. To comply with this 
requirement, the CFTC is publishing notice of the proposed collection 
of information listed below.
    With respect to the following 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.
    Title: The Whistleblower Provision of Section 23 of the Commodity 
Exchange Act, OMB Control Number 3038-0082. This is a request for 
extension of a currently approved information collection.
    Abstract: 17 CFR 165.3(a) requires the submission of information to 
the Commission on a Form TCR. The Form TCR, ``Tip, Complaint, or 
Referral,'' and the instructions thereto, are designed to capture basic 
identifying information about a complainant and elicit sufficient 
information to determine whether the conduct alleged suggests a 
violation of the Commodity Exchange Act. 17 CFR 165.7(b)(1) requires 
the submission of information to the Commission on a Form WB-APP. The 
Form WB-APP, ``Application for Award for Original Information Provided 
Pursuant to Section 23 of the Commodity Exchange Act,'' and the 
instructions thereto, are designed to elicit sufficient information to 
determine whether and to what extent a claimant qualifies for a 
whistleblower award.
    Burden Statement: The respondent burden for this collection is 
estimated to be 0.5 hours per response.
     Respondents/affected entities: Individuals.
     Estimated number of respondents: 600 per year.
     Estimated total annual burden on respondents: 300 hours.
     Frequency of collection: Once.

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


    Dated: November 17, 2017.
Robert N. Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2017-25704 Filed 11-27-17; 8:45 am]
 BILLING CODE 6351-01-P



                                               56222                      Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices

                                                  • Regulation 5.12(b) requires                           The rules establish reporting and                  Paperwork Reduction Act (‘‘PRA’’),
                                               registered RFEDs to file a Form 1–FR–                   recordkeeping requirements that are                   Federal agencies are required to publish
                                               FCM on a monthly and annual basis.                      necessary to implement the provisions                 notice in the Federal Register
                                                  • Regulation 5.12(g) states that, in the             of the Food, Conservation, and Energy                 concerning each proposed collection of
                                               event that an RFED cannot file its Form                 Act of 2008 1 regarding off-exchange                  information, including each proposed
                                               1–FR–FCM for any period within the                      transactions in foreign currency with                 extension of an existing collection of
                                               time specified in Regulation 5.12(b), the               members of the public. The rules are                  information, and to allow 60 days for
                                               RFED may file an application for an                     intended to promote customer                          public comment. In August 2011, the
                                               extension of time with its self-regulatory              protection by providing safeguards                    Commission adopted a final rule, as
                                               organization.                                           against irresponsible or fraudulent                   required by Wall Street Reform and
                                                  • Regulation 5.13(a) requires RFEDs                  business practices.2                                  Consumer Protection Act (‘‘Dodd-Frank
                                               and FCMs to provide monthly account                        An agency may not conduct or                       Act’’), requiring the submission of
                                               statements to their customers.                          sponsor, and a person is not required to              whistleblower information to the
                                                  • Regulation 5.13(b) requires RFEDs                  respond to, a collection of information               Commission on the Forms TCR and
                                               and FCMs to provide confirmation                        unless it displays a currently valid OMB              WB–APP. This notice solicits comments
                                               statements to their customers within                    control number. On September 18, 2017,                on the proposed Information Collection
                                               one business day after the execution of                 the Commission published in the                       Request (‘‘ICR’’) titled: Renewal for
                                               any retail forex or forex option                        Federal Register notice of the proposed               Whistleblower Provision; OMB Control
                                               transaction.                                            extension of this information collection              Number 3038–0082.
                                                  • Regulation 5.14 requires RFEDs and                 and provided 60 days for public                       DATES: Comments must be submitted on
                                               FCMs to maintain current ledgers of                     comment on the proposed extension, 82                 or before January 29, 2018.
                                               each transaction affecting its asset,                   FR 43527. The Commission received no
                                               liability, income, expense and capital                                                                        ADDRESSES: You may submit comments,
                                                                                                       relevant comments.                                    identified by OMB Control No. 3038–
                                               accounts.                                                  Burden Statement: The Commission
                                                  • Regulation 5.18(g) requires each                   is revising its estimate of the burden for
                                                                                                                                                             0082 by any of the following methods:
                                               RFED, FCM, CPO, CTA, and IB subject                                                                              • The Agency’s Web site, via its
                                                                                                       this collection to reflect the current                Comments Online process: http://
                                               to Part 5 to maintain a record of all                   number of affected registrants and
                                               communications received that give rise                                                                        comments.cftc.gov. Follow the
                                                                                                       revised burden estimates. Accordingly,                instructions for submitting comments
                                               to possible violations of the Act, rules,               the respondent burden for this
                                               regulations or orders thereunder related                                                                      through the Web site.
                                                                                                       collection is estimated to be as follows:                • Mail: Secretary of the Commission,
                                               to their retail forex business.                            • Number of Registrants: 169.
                                                  • Regulation 5.18(i) requires each                      • Estimated Average Burden Hours
                                                                                                                                                             Commodity Futures Trading
                                               RFED and FCM to prepare and maintain                                                                          Commission, Three Lafayette Centre,
                                                                                                       per Registrant: 777.                                  1155 21st Street NW., Washington, DC
                                               on a quarterly basis a calculation of non-                 • Estimated Aggregate Burden Hours:
                                               discretionary retail forex customer                                                                           20581.
                                                                                                       131,259.                                                 • Hand Delivery/Courier: Same as
                                               accounts open for any period of time                       • Frequency of Recordkeeping: As
                                               during the quarter that were profitable,                                                                      Mail above.
                                                                                                       applicable.                                              • Federal eRulemaking Portal: http://
                                               and the percentage of such accounts that
                                               were not profitable.                                    (Authority: 44 U.S.C. 3501 et seq.)                   www.regulations.gov/search/index.jsp.
                                                  • Regulation 5.18(j) requires the CCO                  Dated: November 22, 2017.                           Follow the instructions for submitting
                                               of each RFED and FCM to certify                         Robert N. Sidman,                                     comments.
                                               annually that the firm has in place                     Deputy Secretary of the Commission.                      Please submit your comments using
                                               processes to establish, maintain, review,                                                                     only one method.
                                                                                                       [FR Doc. 2017–25698 Filed 11–27–17; 8:45 am]
                                               modify and test policies and procedures                                                                          All comments must be submitted in
                                                                                                       BILLING CODE 6351–01–P
                                               reasonably designed to achieve                                                                                English, or if not, accompanied by an
                                               compliance with the Act, rules,                                                                               English translation. Comments will be
                                               regulations and orders thereunder.                      COMMODITY FUTURES TRADING                             posted as received to http://
                                                  • Regulation 5.19 requires each                      COMMISSION                                            www.cftc.gov. You should submit only
                                               RFED, FCM, CPO, CTA, and IB subject                                                                           information that you wish to make
                                               to Part 5 to submit to the Commission                   Agency Information Collection                         available publicly. If you wish the
                                               copies of any dispositive or partially                  Activities: Notice of Intent To Renew                 Commission to consider information
                                               dispositive decision for which a notice                 Collection 3038–0082, Whistleblower                   that you believe is exempt from
                                               of appeal has been filed in any material                Provision                                             disclosure under the Freedom of
                                               legal proceeding (1) to which the firm is                                                                     Information Act, a petition for
                                               a party to or to which its property or                  AGENCY: Commodity Futures Trading                     confidential treatment of the exempt
                                               assets is subject with respect to retail                Commission.                                           information may be submitted according
                                               forex transactions, or (2) instituted                   ACTION: Notice.                                       to the procedures established in § 145.9
                                               against any person who is a principal of                                                                      of the Commission’s regulations.1
                                               the firm arising from conduct in such                   SUMMARY:   The Commodity Futures                         The Commission reserves the right,
                                               person’s capacity as a principal of that                Trading Commission (‘‘Commission’’ or                 but shall have no obligation, to review,
                                               firm.                                                   ‘‘CFTC’’) is announcing an opportunity                pre-screen, filter, redact, refuse or
                                                  • Regulation 5.20 requires RFEDs,                    for public comment on the extension of                remove any or all of your submission
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                                               FCMs and IBs to submit documentation                    a proposed collection of certain                      from http://www.cftc.gov that it may
                                               requested pursuant to certain types of                  information by the agency. Under the                  deem to be inappropriate for
                                               special calls by the Commission.                                                                              publication, such as obscene language.
                                                  • Regulation 5.23 requires RFEDs,
                                                                                                         1 Public Law 110–246, 122 Stat. 1651, 2189–220

                                                                                                       (2008).
                                                                                                                                                             All submissions that have been redacted
                                               FCMs and IBs to notify the Commission                     2 See Regulation of Off-Exchange Retail Foreign     or removed that contain comments on
                                               regarding bulk transfers and bulk                       Exchange Transactions and Intermediaries, 75 FR
                                               liquidations of customer accounts.                      55410, 55416 (Sept. 10, 2010).                          1 17   CFR 145.9.



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                                                                          Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices                                                     56223

                                               the merits of the ICR will be retained in               the instructions thereto, are designed to                • OMB: Office of Management and
                                               the public comment file and will be                     capture basic identifying information                 Budget, New Executive Office Building,
                                               considered as required under the                        about a complainant and elicit sufficient             Room 10235, Washington, DC 20503 or
                                               Administrative Procedure Act and other                  information to determine whether the                  fax to (202) 395–5806. Mailed or faxed
                                               applicable laws, and may be accessible                  conduct alleged suggests a violation of               comments to OMB should be to the
                                               under the Freedom of Information Act.                   the Commodity Exchange Act. 17 CFR                    attention of the OMB Desk Officer for
                                               FOR FURTHER INFORMATION CONTACT:                        165.7(b)(1) requires the submission of                the Bureau of Consumer Financial
                                               Christopher Ehrman, Director,                           information to the Commission on a                    Protection.
                                               Whistleblower Office, Commodity                         Form WB–APP. The Form WB–APP,                            Please note that comments submitted
                                               Futures Trading Commission, (202)                       ‘‘Application for Award for Original                  after the comment period will not be
                                               418–7650; email: cehrman@cftc.gov.                      Information Provided Pursuant to                      accepted. In general, all comments
                                                                                                       Section 23 of the Commodity Exchange                  received will become public records,
                                               SUPPLEMENTARY INFORMATION: Under the
                                                                                                       Act,’’ and the instructions thereto, are              including any personal information
                                               PRA, Federal agencies must obtain
                                                                                                       designed to elicit sufficient information             provided. Sensitive personal
                                               approval from the Office of Management
                                                                                                       to determine whether and to what                      information, such as account numbers
                                               and Budget (‘‘OMB’’) for each collection
                                                                                                       extent a claimant qualifies for a                     or Social Security numbers, should not
                                               of information they conduct or sponsor.
                                                                                                       whistleblower award.                                  be included.
                                               ‘‘Collection of Information’’ is defined                   Burden Statement: The respondent
                                               in 44 U.S.C. 3502(3) and 5 CFR                                                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                       burden for this collection is estimated to            Documentation prepared in support of
                                               1320.3(c) and includes agency requests                  be 0.5 hours per response.
                                               or requirements that members of the                                                                           this information collection request is
                                                                                                          • Respondents/affected entities:
                                               public submit reports, keep records, or                                                                       available at www.reginfo.gov (this link
                                                                                                       Individuals.
                                               provide information to a third party.                      • Estimated number of respondents:                 becomes active on the day following
                                               Section 3506(c)(2)(A) of the PRA, 44                    600 per year.                                         publication of this notice). Select
                                               U.S.C. 3506(c)(2)(A), requires Federal                     • Estimated total annual burden on                 ‘‘Information Collection Review,’’ under
                                               agencies to provide a 60-day notice in                  respondents: 300 hours.                               ‘‘Currently under review’’, use the
                                               the Federal Register concerning each                       • Frequency of collection: Once.                   dropdown menu ‘‘Select Agency’’ and
                                               proposed collection of information,                                                                           select ‘‘Consumer Financial Protection
                                                                                                       (Authority: 44 U.S.C. 3501 et seq.)
                                               including each proposed extension of an                                                                       Bureau’’ (recent submissions to OMB
                                               existing collection of information,                       Dated: November 17, 2017.                           will be at the top of the list). The same
                                               before submitting the collection to OMB                 Robert N. Sidman,                                     documentation is also available at
                                               for approval. To comply with this                       Deputy Secretary of the Commission.                   http://www.regulations.gov. Requests for
                                               requirement, the CFTC is publishing                                                                           additional information should be
                                                                                                       [FR Doc. 2017–25704 Filed 11–27–17; 8:45 am]
                                               notice of the proposed collection of                                                                          directed to the Consumer Financial
                                                                                                       BILLING CODE 6351–01–P
                                               information listed below.                                                                                     Protection Bureau, (Attention: PRA
                                                  With respect to the following                                                                              Office), 1700 G Street NW., Washington,
                                               collection of information, the CFTC                                                                           DC 20552, (202) 435–9575, or email:
                                                                                                       BUREAU OF CONSUMER FINANCIAL                          CFPB_PRA@cfpb.gov. Please do not
                                               invites comments on:                                    PROTECTION
                                                  • Whether the proposed collection of                                                                       submit comments to this email box.
                                               information is necessary for the proper                 [Docket No. CFPB–2017–0035]                           SUPPLEMENTARY INFORMATION:
                                               performance of the functions of the                                                                              Title of Collection: Consumer
                                               Commission, including whether the                       Agency Information Collection                         Response Intake Form.
                                               information will have a practical use;                  Activities: Submission for OMB                           OMB Control Number: 3170–0011.
                                                  • The accuracy of the Commission’s                   Review; Comment Request                                  Type of Review: Extension with
                                               estimate of the burden of the proposed                  AGENCY:  Bureau of Consumer Financial                 change of a currently approved
                                               collection of information, including the                Protection.                                           collection.
                                               validity of the methodology and                         ACTION: Notice and request for comment.
                                                                                                                                                                Affected Public: Individuals or
                                               assumptions used;                                                                                             households.
                                                  • Ways to enhance the quality,                       SUMMARY:   In accordance with the                        Estimated Number of Respondents:
                                               usefulness, and clarity of the                          Paperwork Reduction Act of 1995                       3,000,000.
                                               information to be collected; and                        (PRA), the Bureau of Consumer                            Estimated Total Annual Burden
                                                  • Ways to minimize the burden of                     Financial Protection (Bureau) is                      Hours: 387,500.
                                               collection of information on those who                  proposing to renew with change the                       Abstract: The Intake Form is designed
                                               are to respond, including through the                   Office of Management and Budget                       to aid consumers in the submission of
                                               use of appropriate automated electronic,                (OMB) approval for an existing                        complaints, inquiries, and feedback and
                                               mechanical, or other technological                      information collection titled,                        to help the Bureau fulfill its statutory
                                               collection techniques or other forms of                 ‘‘Consumer Response Intake Form’’.                    requirements.1 Consumers (also referred
                                               information technology; e.g., permitting                DATES: Written comments are                           to as ‘‘respondents’’) will be able to
                                               electronic submission of responses.                     encouraged and must be received on or                 complete and submit information
                                                  Title: The Whistleblower Provision of                before December 28, 2017 to be assured                through the Intake Form electronically
                                               Section 23 of the Commodity Exchange                    of consideration.                                     on the Bureau ’s Web site. Alternatively,
                                               Act, OMB Control Number 3038–0082.                      ADDRESSES: You may submit comments,                   respondents may request that the
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                                               This is a request for extension of a                    identified by the title of the information            Bureau mail a paper copy of the Intake
                                               currently approved information                          collection, OMB Control Number (see                   Form, and then mail or fax it back to the
                                               collection.                                             below), and docket number (see above),
                                                                                                                                                               1 See Dodd-Frank Wall Street Reform and
                                                  Abstract: 17 CFR 165.3(a) requires the               by any of the following methods:
                                                                                                                                                             Consumer Protection Act, Public Law 111–203,
                                               submission of information to the                           • Electronic: http://                              Title X, sections 1013(b)(3), 1021(c)(2), and 1034,
                                               Commission on a Form TCR. The Form                      www.regulations.gov. Follow the                       codified at 12 U.S.C. 5493(b)(3), 5511(c)(2), and
                                               TCR, ‘‘Tip, Complaint, or Referral,’’ and               instructions for submitting comments.                 5534.



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Document Created: 2017-11-28 01:51:25
Document Modified: 2017-11-28 01:51:25
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 January 29, 2018.
ContactChristopher Ehrman, Director, Whistleblower Office, Commodity Futures Trading Commission, (202) 418- 7650; email: [email protected]
FR Citation82 FR 56222 

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