83 FR 44029 - Agency Information Collection Activities Under OMB Review
COMMODITY FUTURES TRADING COMMISSION Federal Register Volume 83, Issue 168 (August 29, 2018)
Federal Register Volume 83, Issue 168 (August 29, 2018)
| Page Range | 44029-44031 | |
| FR Document | 2018-18742 |
[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)] [Notices] [Pages 44029-44031] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18742] ======================================================================= ----------------------------------------------------------------------- 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 [[Page 44030]] ICR describes the nature of the information collection and its expected costs and burden. DATES: Comments must be submitted on or before September 28, 2018. ADDRESSES: Comments regarding the burden estimate 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 publication of this notice, by either of the following methods. Please identify the comments by ``OMB Control No 3038-0021.''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 (CFTC or Commission) by any of the following methods. The copies sent to the Commission also should refer to ``OMB Control No. 3038-0021.'' By mail addressed to: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581; By Hand Delivery/Courier to the same address; or Through the Commission's website at http://comments.cftc.gov. Please follow the instructions for submitting comments through the website. A copy of the supporting statement for the collection of information discussed herein may be obtained by visiting http://RegInfo.gov. 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, 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 Freedom of Information Act. --------------------------------------------------------------------------- \1\ 17 CFR 145.9. FOR FURTHER INFORMATION CONTACT: Jocelyn Partridge, Special Counsel, Division of Clearing and Risk, Commodity Futures Trading Commission, --------------------------------------------------------------------------- (202) 418-5926; email: [email protected]. SUPPLEMENTARY INFORMATION: Title: Regulations Governing Bankruptcies of Commodity Brokers (OMB Control No. 3038-0021). This is a request for an extension of a currently approved information collection.\2\ --------------------------------------------------------------------------- \2\ There are two information collections now associated with OMB Control No. 3038-0021. The first includes the reporting, recordkeeping, and third party disclosure requirements applicable to a single respondent in a commodity broker liquidation (e.g., a single commodity broker or a single trustee) within the relevant time period that are provided for in Commission regulations 190.02(a)(1), 190.02(a)(2), 190.02(b)(1), 190.02(b)(2),190.02(b)(4), 190.02(c), 190.03(a)(1), 190.03(a)(2), 190.04(b) and 190.06(b). The second information collection includes the third party disclosure requirements provided for in Commission regulations 190.06(d) and 190.10(c) which are applicable on a regular basis to multiple respondents (i.e., multiple futures commission merchants). --------------------------------------------------------------------------- Abstract: This collection of information involves the reporting, recordkeeping, and third party disclosure requirements set forth in the CFTC's bankruptcy regulations for commodity broker liquidations, 17 CFR part 190.\3\ These regulations apply to commodity broker liquidations under Chapter 7, Subchapter IV of the Bankruptcy Code.\4\ --------------------------------------------------------------------------- \3\ These include the requirements contained in Commission regulations 190.02(a)(1), 190.02(a)(2), 190.02(b)(1), 190.02(b)(2),190.02(b)(4), 190.02(c), 190.03(a)(1), 190.03(a)(2), 190.04(b), 190.06(b), 190.06(d), and 190.10(c). \4\ 11 U.S.C. 761 et seq. --------------------------------------------------------------------------- The reporting requirements include, for example, notices to the Commission regarding the filing of petitions for bankruptcy and notices to the Commission regarding the intention to transfer open commodity contracts in a commodity broker liquidation. The recordkeeping requirements include, for example, the statements of customer accounts that a trustee appointed for the purposes of a commodity broker liquidation (Trustee) must generate and adjust as set forth in the regulations. The third party disclosure requirements include, for example, the disclosure statement that a commodity broker must provide to its customers containing information regarding the manner in which customer property is treated under Part 190 of the Commission's regulations in the event of a bankruptcy and, in the event of a commodity broker liquidation, certain notices that a Trustee must provide to customers and to the persons to whom commodity contracts and specifically identifiable customer property have been or will be transferred. The information collection requirements are necessary, and will be used, to facilitate the effective, efficient, and fair conduct of liquidation proceedings for commodity brokers and to protect the interests of customers in these proceedings both directly and by facilitating the participation of the CFTC in such proceedings. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB number. On June 25, 2018, the Commission published in the Federal Register notice of the proposed extension of this information collection and provided 60 days for public comment on the proposed extension, 83 FR 29547, June 25, 2018 (``60-Day Notice''). The Commission did not receive any relevant comments. Accordingly, it did not alter the burden estimates set forth in the 60-Day Notice in response to comments received.\5\ --------------------------------------------------------------------------- \5\ As noted below, the Commission reduced the burden hours associated with the third party disclosures applicable to multiple respondents because the required documents are standardized and unchanged from the prior renewal. Accordingly, the time that the average respondent would spend drafting and sending the notice and disclosure is minimal. See infra fn.6. --------------------------------------------------------------------------- Burden Statement: The Commission notes that commodity broker liquidations occur at unpredictable and irregular intervals when particular commodity brokers become insolvent. While a commodity broker liquidation has not occurred in the past three years, the Commission took the conservative approach of maintaining the assumption contained in the previous renewal of this information collection that, on average, a commodity broker liquidation would occur every three years. The Commission generally has retained the burden hour estimates set forth in the previous information collection as there have been no interim experiences that would warrant altering those estimates.\6\ [[Page 44031]] The Commission further notes, however, that the information collection burden will vary in particular commodity broker liquidations depending on the size of the commodity broker, the extent to which accounts are able to be quickly transferred, and other factors specific to the circumstances of the liquidation. --------------------------------------------------------------------------- \6\ The Commission has retained the burden hour estimates for the applicable regulations with two limited exceptions. First, the Commission no longer assigns burden hours to the discretionary notice that a Trustee may provide to customers in an involuntary commodity broker liquidation pursuant to Commission regulation 190.02(b)(3). There have been no involuntary commodity broker liquidations and none are anticipated. Accordingly, continuing to assign burden hours to this voluntary requirement would inappropriately inflate the burden hours of this information collection. Second, the Commission has reduced the burden hours assigned to the third party disclosure requirements that are applicable to multiple respondents (as set forth in Commission regulations 190.06(d) and 190.10(c)). The notice and disclosure required by these regulations, respectively, are standardized and unchanged from the prior renewal. Accordingly, the time that the average respondent would spend drafting and sending the notice and disclosure is minimal. --------------------------------------------------------------------------- The respondent burden for this information collection is estimated to be as follows: \7\ --------------------------------------------------------------------------- \7\ Because a commodity broker liquidation is estimated to occur only once every three years, the previous information collection, in many cases, expressed the burden of the reporting, recordkeeping, and third party disclosure requirements in terms of the burden applicable to ``.33'' respondents. For clarity, this notice expresses such burdens in terms of those that would be imposed on one respondent during the three year period. While the applicable burden is expressed in a different way, as noted above, the burden hours generally remain unchanged. --------------------------------------------------------------------------- Reporting: \8\ --------------------------------------------------------------------------- \8\ The reporting requirements are contained in Commission regulations 190.02(a)(1), 190.02(a)(2), and 190.06(b). --------------------------------------------------------------------------- Estimated Number of Respondents: 1. Estimated Annual Number of Responses per Respondent: 1.33. Estimated Total Annual Number of Responses: 1.33. Estimated Annual Number of Burden Hours per Respondent: 1.33. Estimated Total Annual Burden Hours: 1.33. Type of Respondents: Commodity brokers, Trustees, and self- regulatory organizations. Frequency of Collection: On occasion. Recordkeeping: \9\ --------------------------------------------------------------------------- \9\ The recordkeeping requirements are contained in Commission regulations 190.03(a)(1), 190.03(a)(2), and 190.04(b). --------------------------------------------------------------------------- Estimated Number of Respondents: 1. Estimated Annual Number of Responses per Respondent: 26,666.67. Estimated Total Annual Number of Responses: 26,666.67. Estimated Annual Number of Burden Hours per Respondent: 333.33. Estimated Total Annual Burden Hours: 333.33. Type of Respondents: Trustees. Frequency of Collection: Daily and on occasion. Third Party Disclosures Applicable to a Single Respondent: \10\ --------------------------------------------------------------------------- \10\ These third party disclosure requirements are contained in Commission regulations 190.02(b)(1), 190.02(b)(2), 190.02(b)(4), and 190.02(c). --------------------------------------------------------------------------- Estimated Number of Respondents: 1. Estimated Annual Number of Responses per Respondent: 6,671.32. Estimated Total Annual Number of Responses: 6,671.32. Estimated Annual Number of Burden Hours per Respondent: 1,034.63. Estimated Total Annual Burden Hours: 1,034.63. Type of Respondents: Trustees. Frequency of Collection: On occasion. Third Party Disclosures Applicable to Multiple Respondents: \11\ --------------------------------------------------------------------------- \11\ See fn. 1. The Commission is setting forth a new information collection under OMB Control No. 3038-0021 to separately account for the third party disclosure requirements provided for in Commission regulations 190.06(d) and 190.06(c) that are applicable on a regular basis to multiple respondents (i.e., multiple futures commission merchants). --------------------------------------------------------------------------- Estimated Number of Respondents: 125. Estimated Annual Number of Responses per Respondent: 2,000. Estimated Total Annual Number of Responses: 250,000. Estimated Annual Number of Burden Hours per Respondent: 40. Estimated Total Annual Burden Hours: 2,500. Type of Respondents: Futures commission merchants. Frequency of Collection: On occasion. There are no new capital or start-up or operations costs associated with this information collection, nor are there any maintenance costs associated with this information collection. (Authority: 44 U.S.C. 3501 et seq.) Dated: August 24, 2018. Christopher Kirkpatrick, Secretary of the Commission. [FR Doc. 2018-18742 Filed 8-28-18; 8:45 am] BILLING CODE 6351-01-P
![Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices 44029
ACTION:Notice of solicitation for diem expenses incurred in performing FOR FURTHER INFORMATION CONTACT:
members of the NOAA Science such duties but will not be reimbursed Anne T. Mendez at (571) 272–6173.
Advisory Board. for their time. As a Federal Advisory SUPPLEMENTARY INFORMATION: The
Committee, the Board’s membership is membership of the United States Patent
SUMMARY: NOAA is soliciting required to be balanced in terms of and Trademark Office Performance
nominations for members of the NOAA viewpoints represented and the Review Board is as follows:
Science Advisory Board (SAB). The functions to be performed as well as the
SAB is the only Federal Advisory Anthony P. Scardino, Chair, Acting
interests of geographic regions of the
Committee with the responsibility to Deputy Under Secretary of Commerce
country and the diverse sectors of U.S.
advise the Under Secretary of for Intellectual Property and Acting
society.
Commerce for Oceans, Atmosphere, and Deputy Director of the United States
The SAB meets in person three times
NOAA Administrator on long- and Patent and Trademark Office
each year, exclusive of teleconferences
short-range strategies for research, Frederick W. Steckler, Vice Chair, Chief
or subcommittee, task force, and
education, and application of science to Administrative Officer, United States
working group meetings. Board
resource management and Patent and Trademark Office
members must be willing to serve as
environmental assessment and Andrew H. Hirshfeld, Commissioner for
liaisons to SAB working groups and/or
prediction. The SAB consists of Patents, United States Patent and
participate in periodic reviews of the
approximately fifteen members Trademark Office
NOAA Cooperative Institutes and
reflecting the full breadth of NOAA’s Mary Boney Denison, Commissioner for
overarching reviews of NOAA’s research
areas of responsibility and assists Trademarks, United States Patent and
enterprise.
NOAA in maintaining a complete and Nominations: Interested persons may Trademark Office
accurate understanding of scientific nominate themselves or third parties. Sean M. Mildrew, Acting Chief
issues critical to the agency’s missions. Applications: An application is Financial Officer, United States Patent
DATES: Nominations should be sent to required to be considered for Board and Trademark Office
the web address specified below and membership, regardless of whether a David Chiles, Acting Chief Information
must be received by October 15, 2018. person is nominated by a third party or Officer, United States Patent and
self-nominated. The application package Trademark Office
ADDRESSES: Applications should be
must include: (1) The nominee’s full Sarah T. Harris, General Counsel,
submitted electronically to
name, title, institutional affiliation, and United States Patent and Trademark
noaa.sab.newmembers@noaa.gov.
contact information; (2) the nominee’s Office
FOR FURTHER INFORMATION CONTACT: Dr. Shira Perlmutter, Chief Policy Officer
Cynthia Decker, Executive Director, area(s) of expertise; (3) a short
description of his/her qualifications and Director for International Affairs,
Science Advisory Board, NOAA, Rm. United States Patent and Trademark
11230, 1315 East-West Highway, Silver relative to the kinds of advice being
solicited by NOAA in this Notice; and Office
Spring, Maryland 20910. (Phone: 301–
734–1156, Fax: 301–713–1459, Email: (4) a current resume (maximum length Alternates
Cynthia.Decker@noaa.gov); or visit the four [4] pages).
Meryl L. Hershkowitz, Deputy
NOAA SAB website at http:// Dated: August 23, 2018. Commissioner for Trademark
www.sab.noaa.gov. David Holst, Operations, United States Patent and
SUPPLEMENTARY INFORMATION: At this Chief Financial Officer/Administrative Trademark Office
time, individuals are sought with Officer, Office of Oceanic and Atmospheric Andrew I. Faile, Deputy Commissioner
Research, National Oceanic and Atmospheric for Patent Operations, United States
expertise in cloud computing, artificial
Administration.
intelligence and data management; Patent and Trademark Office
[FR Doc. 2018–18663 Filed 8–28–18; 8:45 am]
weather modeling and data assimilation; Dated: August 21, 2018.
BILLING CODE 3510–KD–P
remote/autonomous sensing technology; Andrei Iancu,
ocean exploration science and Under Secretary of Commerce for Intellectual
technology; and ‘omics science. Property and Director of the United States
DEPARTMENT OF COMMERCE
Individuals with expertise in other Patent and Trademark Office.
NOAA mission areas are also welcome United States Patent and Trademark [FR Doc. 2018–18703 Filed 8–28–18; 8:45 am]
to apply. Office BILLING CODE 3510–18–P
Composition and Points of View: The
Board will consist of approximately [Docket No. PTO–C–2018–0049]
fifteen members, including a Chair,
Performance Review Board (PRB) COMMODITY FUTURES TRADING
designated by the Under Secretary in
accordance with FACA requirements. COMMISSION
AGENCY: United States Patent and
Members will be appointed for three- Trademark Office, Commerce. Agency Information Collection
year terms, renewable once, and serve at ACTION: Notice. Activities Under OMB Review
the discretion of the Under Secretary. If
a member resigns before the end of his SUMMARY: In conformance with the Civil AGENCY: Commodity Futures Trading
or her first term, the vacancy Service Reform Act of 1978, the United Commission.
appointment shall be for the remainder States Patent and Trademark Office ACTION: Notice.
of the unexpired term, and shall be announces the appointment of persons
sradovich on DSK3GMQ082PROD with NOTICES
renewable twice if the unexpired term is to serve as members of its Performance SUMMARY: In compliance with the
less than one year. Members will be Review Board. Paperwork Reduction Act of 1995
appointed as special government ADDRESSES: Director, Human Capital (‘‘PRA’’), this notice announces that the
employees (SGEs) and will be subject to Management, Office of Human Information Collection Request (‘‘ICR’’)
the ethical standards applicable to Resources, United States Patent and abstracted below has been forwarded to
SGEs. Members are reimbursed for Trademark Office, P.O. Box 1450, the Office of Management and Budget
actual and reasonable travel and per Alexandria, VA 22313–1450. (‘‘OMB’’) for review and comment. The
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![Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices 44031
The Commission further notes, • Third Party Disclosures Applicable the Computer Matching and Privacy
however, that the information collection to a Single Respondent: 10 Protection Act of 1988, and the Serve
burden will vary in particular Estimated Number of Respondents: 1. America Act, the Corporation for
commodity broker liquidations Estimated Annual Number of National and Community Service
depending on the size of the commodity Responses per Respondent: 6,671.32. (CNCS) is issuing public notice of its
broker, the extent to which accounts are Estimated Total Annual Number of renewal of its computer matching
able to be quickly transferred, and other Responses: 6,671.32. agreement with the Social Security
factors specific to the circumstances of Estimated Annual Number of Burden Administration (SSA).
the liquidation. Hours per Respondent: 1,034.63. DATES: You may submit comments until
The respondent burden for this Estimated Total Annual Burden September 28, 2018.
information collection is estimated to be Hours: 1,034.63. ADDRESSES: You may submit comments
as follows: 7 Type of Respondents: Trustees. identified by the title of the information
• Reporting: 8 Frequency of Collection: On occasion. collection activity, by any of the
Estimated Number of Respondents: 1. • Third Party Disclosures Applicable following methods.
Estimated Annual Number of to Multiple Respondents: 11 (1) By mail send to: Corporation for
Estimated Number of Respondents: National and Community Service,
Responses per Respondent: 1.33.
125. Attention: Amy Borgstrom, Associate
Estimated Total Annual Number of
Estimated Annual Number of Director for Policy, 250 E Street SW,
Responses: 1.33.
Responses per Respondent: 2,000. Washington, DC 20525.
Estimated Annual Number of Burden Estimated Total Annual Number of
Hours per Respondent: 1.33. (2) By email to: aborgstrom@cns.gov.
Responses: 250,000. (3) Individuals who use a
Estimated Total Annual Burden Estimated Annual Number of Burden
Hours: 1.33. telecommunications device for the deaf
Hours per Respondent: 40. (TTY–TDD) may call (202) 606–3472
Type of Respondents: Commodity Estimated Total Annual Burden between 8:30 a.m. and 5:00 p.m. Eastern
brokers, Trustees, and self-regulatory Hours: 2,500. Time, Monday through Friday.
organizations. Type of Respondents: Futures FOR FURTHER INFORMATION CONTACT:
Frequency of Collection: On occasion. commission merchants. Amy Borgstrom, Associate Director for
• Recordkeeping: 9 Frequency of Collection: On occasion.
Policy, (202) 606–6930 or aborgstrom@
Estimated Number of Respondents: 1. There are no new capital or start-up
cns.gov.
Estimated Annual Number of or operations costs associated with this
SUPPLEMENTARY INFORMATION: The
Responses per Respondent: 26,666.67. information collection, nor are there any
maintenance costs associated with this Privacy Act of 1974 (5 U.S.C. 552a), as
Estimated Total Annual Number of amended by the Computer Matching
Responses: 26,666.67. information collection.
and Privacy Protection Act of 1988 (Pub.
Estimated Annual Number of Burden (Authority: 44 U.S.C. 3501 et seq.) L. 100–503), regulates the use of
Hours per Respondent: 333.33. Dated: August 24, 2018. computer matching agreements by
Estimated Total Annual Burden Christopher Kirkpatrick, federal agencies when records in a
Hours: 333.33. system of records are matched with
Secretary of the Commission.
Type of Respondents: Trustees. other federal, state, or local government
[FR Doc. 2018–18742 Filed 8–28–18; 8:45 am]
Frequency of Collection: Daily and on records. Among other things, it requires
BILLING CODE 6351–01–P
occasion. federal agencies involved in computer
matching agreements to publish a notice
been no involuntary commodity broker liquidations in the Federal Register regarding the
and none are anticipated. Accordingly, continuing CORPORATION FOR NATIONAL AND
establishment of a computer matching
to assign burden hours to this voluntary COMMUNITY SERVICE
requirement would inappropriately inflate the agreement. The SSA will conduct a
burden hours of this information collection. Privacy Act of 1974; Matching Program computer match with CNCS to verify
Second, the Commission has reduced the burden Social Security numbers (SSN) and
hours assigned to the third party disclosure AGENCY: Corporation for National and provide the citizenship status, as
requirements that are applicable to multiple Community Service.
respondents (as set forth in Commission regulations recorded in SSA records, of individuals
190.06(d) and 190.10(c)). The notice and disclosure ACTION: Notice of computer matching applying to serve in approved national
required by these regulations, respectively, are program between the Corporation for service positions and those designated
standardized and unchanged from the prior National and Community Service and to receive national service education
renewal. Accordingly, the time that the average
respondent would spend drafting and sending the the Social Security Administration. awards under the National and
notice and disclosure is minimal. Community Service Act of 1990
7 Because a commodity broker liquidation is SUMMARY: In accordance with the (NCSA). 42 U.S.C. 12501, et seq.
estimated to occur only once every three years, the Privacy Act of 1974, as amended by the
previous information collection, in many cases, Computer Matching and Privacy Inclusive Dates of the Matching
expressed the burden of the reporting,
Protection Act of 1988, OMB Final Program
recordkeeping, and third party disclosure
requirements in terms of the burden applicable to Guidance Interpreting the Provisions of This renewed matching program will
‘‘.33’’ respondents. For clarity, this notice expresses continue for 18 months after the
such burdens in terms of those that would be 10 These third party disclosure requirements are
effective date and may be extended for
imposed on one respondent during the three year contained in Commission regulations 190.02(b)(1), an additional 12 months thereafter, if
sradovich on DSK3GMQ082PROD with NOTICES
period. While the applicable burden is expressed in 190.02(b)(2), 190.02(b)(4), and 190.02(c).
a different way, as noted above, the burden hours 11 See fn. 1. The Commission is setting forth a the conditions specified in 5 U.S.C.
generally remain unchanged. new information collection under OMB Control No. 552a(o)(2)(A) and OMB Circular A–108
8 The reporting requirements are contained in
3038–0021 to separately account for the third party (December 23, 2016) have been met. In
Commission regulations 190.02(a)(1), 190.02(a)(2), disclosure requirements provided for in order to renew this agreement, both
and 190.06(b). Commission regulations 190.06(d) and 190.06(c)
9 The recordkeeping requirements are contained that are applicable on a regular basis to multiple
CNCS and SSA must certify to their
in Commission regulations 190.03(a)(1), respondents (i.e., multiple futures commission respective Data Integrity Boards that: (1)
190.03(a)(2), and 190.04(b). merchants). The matching program will be
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Document Created: 2018-08-29 00:13:12
Document Modified: 2018-08-29 00:13:12
| 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 September 28, 2018. | |
| Contact | Jocelyn Partridge, Special Counsel, Division of Clearing and Risk, Commodity Futures Trading Commission, | |
| FR Citation | 83 FR 44029 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR