83_FR_43829 83 FR 43663 - Agency Information Collection Activities Under OMB Review

83 FR 43663 - Agency Information Collection Activities Under OMB Review

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 83, Issue 166 (August 27, 2018)

Page Range43663-43664
FR Document2018-18532

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.

Federal Register, Volume 83 Issue 166 (Monday, August 27, 2018)
[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Pages 43663-43664]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18532]



[[Page 43663]]

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COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities Under OMB Review

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.

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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 September 26, 2018.

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 this notice's 
publication, by either of the following methods. Please identify the 
comments by ``OMB Control No. 3038-0092.''
     By email addressed to: [email protected], or
     By mail addressed to: the 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 (the ``Commission'') by either of 
the following methods. The copies should refer to ``OMB Control No. 
3038-0092.''
     Through the Commission's website at http://comments.cftc.gov. Follow the instructions for submitting comments 
through the website.
     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 same address.
    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\ The Commission reserves 
the right, but shall have no obligation, to review, pre-screen, filter, 
redact 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 Freedom of Information Act.
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    \1\ 17 CFR 145.9.
---------------------------------------------------------------------------

    A copy of the supporting statements for the collection of 
information discussed herein may be obtained by visiting http://RegInfo.gov.

FOR FURTHER INFORMATION CONTACT: Christopher Hower, Special Counsel, 
Division of Clearing and Risk, Commodity Futures Trading Commission, 
(202) 418-6703; email: [email protected], and refer to OMB Control No. 
3038-0092.

SUPPLEMENTARY INFORMATION: 
    Title: Customer Clearing Documentation and Timing of Acceptance for 
Clearing (OMB Control No. 3038-0092). This is a request for extension 
of a currently approved information collection.
    Abstract: Section 4d(c) of the CEA, as amended by the Dodd-Frank 
Act, directs the Commission to require futures commission merchants to 
implement conflict of interest procedures that address such issues the 
Commission determines to be appropriate. Similarly, section 4s(j)(5), 
as added by the Dodd-Frank Act, requires swap dealers and major swap 
participants to implement conflict of interest procedures that address 
such issues the Commission determines to be appropriate. Section 
4s(j)(5) also requires swap dealers and major swap participants to 
ensure that any persons providing clearing activities or making 
determinations as to accepting clearing customers are separated by 
appropriate informational partitions from persons whose involvement in 
pricing, trading, or clearing activities might bias their judgment or 
contravene the core principle of open access. Section 4s(j)(6) of the 
CEA prohibits a swap dealer and major swap participant from adopting 
any process or taking any action that results in any unreasonable 
restraint on trade or imposes any material anticompetitive burden on 
trading or clearing, unless necessary or appropriate to achieve the 
purposes of the Act. Section 2(h)(1)(B)(ii) of the CEA requires that 
derivatives clearing organization rules provide for the non-
discriminatory clearing of swaps executed bilaterally or through an 
unaffiliated designated contract market or swap execution facility.
    Pursuant to these provisions, the Commission adopted Sec.  
1.71(d)(1) relating to FCMs and Sec.  23.605(d)(1) relating to swap 
dealers and major swap participants. These regulations prohibit swap 
dealers and major swap participants from interfering or attempting to 
influence the decisions of affiliated FCMs with regard to the provision 
of clearing services and activities and prohibit FCMs from permitting 
them to do so. Also, Sec.  23.607 prohibits a swap dealer and major 
swap participant from adopting any process or taking any action that 
results in any unreasonable restraint on trade or imposes any material 
anticompetitive burden on trading or clearing, unless necessary or 
appropriate to achieve the purposes of the Act. Additionally, Sec.  
39.12(b)(2) requires that derivatives clearing organization rules 
provide for the non-discriminatory clearing of swaps executed 
bilaterally or through an unaffiliated designated contract market or 
swap execution facility. Sections 1.71(f) and 23.605(f) provide that 
records be maintained pursuant to Commission Regulation 1.31.
    As discussed further below, the additional information collection 
burden arising from the proposed regulations primarily is restricted to 
the costs associated with the affected registrants' obligation to 
maintain records related to clearing documentation between the customer 
and the customer's clearing member.
    The information collection obligations imposed by the regulations 
are necessary to implement certain provisions of the CEA, including 
ensuring that registrants exercise effective risk management and for 
the efficient operation of trading venues among SDs, MSPs, FCMs, and 
DCOs.
    Burden Statement: The Commission is revising its estimate of the 
burden for this collection, which include 101 Swap Dealers, Major Swap 
Participants, 65 Futures Commission Merchants and 16 Derivatives 
Clearing Organizations. The respondent burden for this collection is 
estimated to be as follows:
    Estimated Number of Respondents: 182.

[[Page 43664]]

    Estimated Average Burden Hours per Respondent: 18.1 hours.
    Estimated Total Annual Burden Hours: 3,296 hours.
    Frequency of Collection: Daily, annually, or as needed.
    There are no capital costs or operating and maintenance costs 
associated with this collection.

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

    Dated: August 22, 2018.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2018-18532 Filed 8-24-18; 8:45 am]
BILLING CODE 6351-01-P



                                                                           Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices                                            43663

                                              COMMODITY FUTURES TRADING                               that you believe is exempt from                       any process or taking any action that
                                              COMMISSION                                              disclosure under the Freedom of                       results in any unreasonable restraint on
                                                                                                      Information Act, a petition for                       trade or imposes any material
                                              Agency Information Collection                           confidential treatment of the exempt                  anticompetitive burden on trading or
                                              Activities Under OMB Review                             information may be submitted according                clearing, unless necessary or
                                                                                                      to the procedures established in § 145.9              appropriate to achieve the purposes of
                                              AGENCY: Commodity Futures Trading
                                                                                                      of the Commission’s regulations.1 The                 the Act. Section 2(h)(1)(B)(ii) of the CEA
                                              Commission.
                                                                                                      Commission reserves the right, but shall              requires that derivatives clearing
                                              ACTION: Notice.                                                                                               organization rules provide for the non-
                                                                                                      have no obligation, to review, pre-
                                              SUMMARY: In compliance with the                         screen, filter, redact or remove any or all           discriminatory clearing of swaps
                                              Paperwork Reduction Act of 1995                         of your submission from http://                       executed bilaterally or through an
                                              (PRA), this notice announces that the                   www.cftc.gov that it may deem to be                   unaffiliated designated contract market
                                              Information Collection Request (ICR)                    inappropriate for publication, such as                or swap execution facility.
                                                                                                      obscene language. All submissions that                   Pursuant to these provisions, the
                                              abstracted below has been forwarded to
                                                                                                      have been redacted or removed that                    Commission adopted § 1.71(d)(1)
                                              the Office of Management and Budget
                                                                                                      contain comments on the merits of the                 relating to FCMs and § 23.605(d)(1)
                                              (OMB) for review and comment. The
                                                                                                      ICR will be retained in the public                    relating to swap dealers and major swap
                                              ICR describes the nature of the
                                                                                                      comment file and will be considered as                participants. These regulations prohibit
                                              information collection and its expected
                                                                                                      required under the Administrative                     swap dealers and major swap
                                              costs and burden.
                                                                                                      Procedure Act and other applicable                    participants from interfering or
                                              DATES: Comments must be submitted on                                                                          attempting to influence the decisions of
                                              or before September 26, 2018.                           laws, and may be accessible under the
                                                                                                      Freedom of Information Act.                           affiliated FCMs with regard to the
                                              ADDRESSES: Comments regarding the                                                                             provision of clearing services and
                                                                                                        A copy of the supporting statements
                                              burden estimated or any other aspect of                 for the collection of information                     activities and prohibit FCMs from
                                              the information collection, including                   discussed herein may be obtained by                   permitting them to do so. Also, § 23.607
                                              suggestions for reducing the burden,                    visiting http://RegInfo.gov.                          prohibits a swap dealer and major swap
                                              may be submitted directly to the Office                                                                       participant from adopting any process
                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                              of Information and Regulatory Affairs                                                                         or taking any action that results in any
                                              (OIRA) in OMB, within 30 days of this                   Christopher Hower, Special Counsel,
                                                                                                                                                            unreasonable restraint on trade or
                                              notice’s publication, by either of the                  Division of Clearing and Risk,
                                                                                                                                                            imposes any material anticompetitive
                                              following methods. Please identify the                  Commodity Futures Trading
                                                                                                                                                            burden on trading or clearing, unless
                                              comments by ‘‘OMB Control No. 3038–                     Commission, (202) 418–6703; email:
                                                                                                                                                            necessary or appropriate to achieve the
                                              0092.’’                                                 chower@cftc.gov, and refer to OMB
                                                                                                                                                            purposes of the Act. Additionally,
                                                 • By email addressed to:                             Control No. 3038–0092.
                                                                                                                                                            § 39.12(b)(2) requires that derivatives
                                              OIRAsubmissions@omb.eop.gov, or                         SUPPLEMENTARY INFORMATION:                            clearing organization rules provide for
                                                 • By mail addressed to: the Office of                  Title: Customer Clearing                            the non-discriminatory clearing of
                                              Information and Regulatory Affairs,                     Documentation and Timing of                           swaps executed bilaterally or through an
                                              Office of Management and Budget,                        Acceptance for Clearing (OMB Control                  unaffiliated designated contract market
                                              Attention: Desk Officer for the                         No. 3038–0092). This is a request for                 or swap execution facility. Sections
                                              Commodity Futures Trading                               extension of a currently approved                     1.71(f) and 23.605(f) provide that
                                              Commission, 725 17th Street NW,                         information collection.                               records be maintained pursuant to
                                              Washington, DC 20503.                                     Abstract: Section 4d(c) of the CEA, as              Commission Regulation 1.31.
                                                 A copy of all comments submitted to                  amended by the Dodd-Frank Act, directs                   As discussed further below, the
                                              OIRA should be sent to the Commodity                    the Commission to require futures                     additional information collection
                                              Futures Trading Commission (the                         commission merchants to implement                     burden arising from the proposed
                                              ‘‘Commission’’) by either of the                        conflict of interest procedures that                  regulations primarily is restricted to the
                                              following methods. The copies should                    address such issues the Commission                    costs associated with the affected
                                              refer to ‘‘OMB Control No. 3038–0092.’’                 determines to be appropriate. Similarly,              registrants’ obligation to maintain
                                                 • Through the Commission’s website                   section 4s(j)(5), as added by the Dodd-               records related to clearing
                                              at http://comments.cftc.gov. Follow the                 Frank Act, requires swap dealers and                  documentation between the customer
                                              instructions for submitting comments                    major swap participants to implement                  and the customer’s clearing member.
                                              through the website.                                    conflict of interest procedures that                     The information collection obligations
                                                 • By mail addressed to: Christopher                  address such issues the Commission                    imposed by the regulations are
                                              Kirkpatrick, Secretary of the                           determines to be appropriate. Section                 necessary to implement certain
                                              Commission, Commodity Futures                           4s(j)(5) also requires swap dealers and               provisions of the CEA, including
                                              Trading Commission, Three Lafayette                     major swap participants to ensure that                ensuring that registrants exercise
                                              Centre, 1155 21st Street NW,                            any persons providing clearing activities             effective risk management and for the
                                              Washington, DC 20581; or                                or making determinations as to                        efficient operation of trading venues
                                                 • By Hand Delivery/Courier to the                    accepting clearing customers are                      among SDs, MSPs, FCMs, and DCOs.
                                              same address.                                           separated by appropriate informational                   Burden Statement: The Commission
                                                 Please submit your comments using                    partitions from persons whose                         is revising its estimate of the burden for
                                              only one method. All comments must be                   involvement in pricing, trading, or                   this collection, which include 101 Swap
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                                              submitted in English, or if not,                        clearing activities might bias their                  Dealers, Major Swap Participants, 65
                                              accompanied by an English translation.                  judgment or contravene the core                       Futures Commission Merchants and 16
                                              Comments will be posted as received to                  principle of open access. Section 4s(j)(6)            Derivatives Clearing Organizations. The
                                              http://www.cftc.gov. You should submit                  of the CEA prohibits a swap dealer and                respondent burden for this collection is
                                              only information that you wish to make                  major swap participant from adopting                  estimated to be as follows:
                                              available publicly. If you wish the                                                                              Estimated Number of Respondents:
                                              Commission to consider information                        1 17   CFR 145.9.                                   182.


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                                              43664                        Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices

                                                Estimated Average Burden Hours per                    cancellation of its meeting on August                 FOR FURTHER INFORMATION CONTACT:
                                              Respondent: 18.1 hours.                                 23, 2018. Accordingly, the Advisory                   Alexander Sabol, (703) 681–0577
                                                Estimated Total Annual Burden                         Committee Management Officer for the                  (Voice), 703–681–0002 (Facsimile),
                                              Hours: 3,296 hours.                                     Department of Defense, pursuant to 41                 Alexander.J.Sabol.Civ@Mail.Mil (Email).
                                                Frequency of Collection: Daily,                       CFR 102–3.150(b), waives the 15-                      Mailing address is Reserve Forces Policy
                                              annually, or as needed.                                 calendar day notification requirement.                Board, 5113 Leesburg Pike, Suite 601,
                                                There are no capital costs or operating                 The DAC–IPAD meeting that                           Falls Church, VA 22041. Website:
                                              and maintenance costs associated with                   published in the Federal Register on                  http://rfpb.defense.gov/. The most up-
                                              this collection.                                        Friday, August 10, 2018 (83 FR 39730–                 to-date changes to the meeting agenda
                                                 Authority: 44 U.S.C. 3501 et seq.                    39731) has been cancelled. A notice                   can be found on the website and the
                                                Dated: August 22, 2018.                               announcing the re-scheduled meeting                   Federal Register.
                                                                                                      will publish at a later date in the                      Purpose of the Meeting: The purpose
                                              Christopher Kirkpatrick,
                                                                                                      Federal Register.                                     of the meeting is to obtain, review and
                                              Secretary of the Commission.
                                                                                                        Dated: August 22, 2018.                             evaluate information related to
                                              [FR Doc. 2018–18532 Filed 8–24–18; 8:45 am]
                                                                                                      Aaron T. Siegel,                                      strategies, policies, and practices
                                              BILLING CODE 6351–01–P
                                                                                                      Alternate OSD Federal Register Liaison                designed to improve and enhance the
                                                                                                      Officer, Department of Defense.                       capabilities, efficiency, and
                                                                                                      [FR Doc. 2018–18522 Filed 8–24–18; 8:45 am]
                                                                                                                                                            effectiveness of the Reserve
                                              DEPARTMENT OF DEFENSE                                                                                         Components.
                                                                                                      BILLING CODE 5001–06–P
                                                                                                                                                               Agenda: The RFPB will hold an open
                                              Office of the Secretary
                                                                                                                                                            meeting to the public Wednesday,
                                              Defense Advisory Committee on                           DEPARTMENT OF DEFENSE                                 September 12, 2018 from 8:30 a.m. to
                                              Investigation, Prosecution, and                                                                               4:30 p.m. The meeting will focus on
                                              Defense of Sexual Assault in the                        Office of the Secretary                               discussions with the Acting Assistant
                                              Armed Forces; Notice of Federal                                                                               Secretary of Defense Manpower and
                                              Advisory Committee Meeting;                             Reserve Forces Policy Board; Notice                   Reserve Affairs who will discuss the
                                              Cancellation                                            of Federal Advisory Committee                         Secretary of Defense’s goals, readiness
                                                                                                      Meeting                                               objectives, and challenges for the
                                              AGENCY:  General Counsel of the                                                                               ‘‘Operational Reserve’’ as part of the
                                              Department of Defense, Defense                          AGENCY:  Under Secretary of Defense for
                                                                                                      Personnel and Readiness, Reserve                      Total Force, and personnel initiatives
                                              Advisory Committee on Investigation,                                                                          pertaining to the Reserve Components.
                                              Prosecution, and Defense of Sexual                      Forces Policy Board, Department of
                                                                                                      Defense.                                              The Deputy Chief of Staff for
                                              Assault in the Armed Forces,                                                                                  Manpower, Personnel and Services,
                                              Department of Defense.                                  ACTION: Notice of Federal Advisory
                                                                                                                                                            Headquarters U.S. Air Force; the Deputy
                                              ACTION: Notice of Federal Advisory                      Committee meeting.                                    Chief of Staff, G–1, Headquarters,
                                              Committee meeting; cancellation.                        SUMMARY: The Department of Defense                    Department of the Army; the Director,
                                                                                                      (DoD) is publishing this notice to                    Military Personnel Plans and Policy
                                              SUMMARY:   On Friday, August 10, 2018,
                                                                                                      announce that the following Federal                   (OPNAV N13), Chief of Naval
                                              the Department of Defense published a
                                                                                                      Advisory Committee meeting of the                     Operations; the Director, Manpower
                                              notice that announced a meeting of the
                                                                                                      Reserve Forces Policy Board (RFPB) will               Management Division, Manpower and
                                              Defense Advisory Committee on
                                                                                                      take place.                                           Reserve Affairs, Headquarters, U.S.
                                              Investigation, Prosecution, and Defense
                                                                                                                                                            Marine Corps; and the Acting Director,
                                              of Sexual Assault in the Armed Forces                   DATES: The RFPB will hold an open
                                                                                                                                                            Reserve and Military Personnel,
                                              (DAC–IPAD). The meeting was to have                     meeting to the public Wednesday,
                                                                                                                                                            Headquarters, U.S. Coast Guard who
                                              taken place on Thursday, August 23,                     September 12, 2018 from 8:30 a.m. to
                                                                                                                                                            will discuss their Service’s recruiting
                                              2018. Subsequent to the publication of                  4:30 p.m.
                                                                                                                                                            and retention issues, personnel
                                              that notice, the Department of Defense                  ADDRESSES: The address for the Open                   readiness, and plans to adapt their
                                              cancelled the meeting of August 23,                     Session of the meeting is the Army Navy               personnel system to meet the future
                                              2018 due to a lack of quorum for the                    Country Club, 1700 Army Navy Drive,                   Total Force challenges. The Director of
                                              meeting.                                                Arlington, VA 22202.                                  Manpower and Legislation and Systems,
                                              FOR FURTHER INFORMATION CONTACT:                        FOR FURTHER INFORMATION CONTACT:                      Personnel and Readiness will provide
                                              Dwight Sullivan, 703–695–1055 (Voice),                  Alexander Sabol, (703) 681–0577                       the progress on the Department of
                                              dwight.h.sullivan.civ@mail.mil (Email).                 (Voice), 703–681–0002 (Facsimile),                    Defense’s Duty Status Reform efforts.
                                              Mailing address is DACIPAD, One                         Alexander.J.Sabol.Civ@Mail.Mil (Email).               The Director, Defense POW/MIA
                                              Liberty Center, 875 N Randolph Street,                  Mailing address is Reserve Forces Policy              Accounting Agency will discuss the
                                              Suite 150, Arlington, Virginia 22203.                   Board, 5113 Leesburg Pike, Suite 601,                 Department of Defense’s POW/MIA
                                              Website: http://dacipad.whs.mil/. The                   Falls Church, VA 22041. Website:                      Accounting Agency’s initiatives to
                                              most up-to-date changes to the meeting                  http://rfpb.defense.gov/. The most up-                achieve their goal of providing families
                                              agenda can be found on the website.                     to-date changes to the meeting agenda                 and the nation with the fullest possible
                                              SUPPLEMENTARY INFORMATION: Due to                       can be found on the website.                          accounting of missing personnel from
                                              circumstances beyond the control of the                 SUPPLEMENTARY INFORMATION: This                       past conflicts. And the Board meeting
amozie on DSK3GDR082PROD with NOTICES1




                                              Department of Defense (DoD) and the                     meeting is being held under the                       will conclude with a briefing from the
                                              Designated Federal Officer, the Defense                 provisions of the Federal Advisory                    Chair of the RFPB’s Subcommittee on
                                              Advisory Committee on Investigation,                    Committee Act (FACA) of 1972 (5                       the Subcommittee on Ensuring a Ready,
                                              Prosecution, and Defense of Sexual                      U.S.C., Appendix, as amended), the                    Capable, Available and Sustainable
                                              Assault in the Armed Forces was unable                  Government in the Sunshine Act of                     Operational Reserve on the RFPB on the
                                              to provide public notification required                 1976 (5 U.S.C. 552b, as amended), and                 subcommittee’s review and proposed
                                              by 41 CFR 102–3.150(a) concerning the                   41 CFR 102–3.140 and 102–3.150.                       recommendation to the Secretary of


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Document Created: 2018-08-25 01:49:30
Document Modified: 2018-08-25 01:49:30
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 September 26, 2018.
ContactChristopher Hower, Special Counsel, Division of Clearing and Risk, Commodity Futures Trading Commission, (202) 418-6703; email: [email protected], and refer to OMB Control No. 3038-0092.
FR Citation83 FR 43663 

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