60 Day Federal Registry

(2016) Federal Registry Notice-0067.pdf

Part 162 - Protection of Consumer Information under the Fair Credit Reporting Act

60 Day Federal Registry

OMB: 3038-0067

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Federal Register / Vol. 81, No. 148 / Tuesday, August 2, 2016 / Notices

requirements of this exception are
satisfied (including policies and
procedures ensuring that they are in
compliance). Based upon the above, the
estimated hour burden for collection is
calculated as follows:
Estimated Number of Respondents
per Year: 54.
Estimated Burden Hours per
Registrant: 10.
Estimated Total Annual Burden
Hours: 540.
Frequency of Collection: Once; As
needed.
• Burden Statement—Information
Collection for Non-Segregation
Jurisdictions: The Commission currently
estimates that there are between five
and ten jurisdictions for which the first
two conditions specified above for nonsegregation jurisdictions are satisfied
and where Foreign Consolidated
Subsidiaries and foreign branches of
U.S. CSEs that are subject to the
Commission’s margin rules may engage
in swaps, or for purposes of the PRA
estimate, an average of 7.5 nonsegregation jurisdictions. The
Commission estimates that
approximately 12 Foreign Consolidated
Subsidiaries and foreign branches of
U.S. CSEs may rely on section 23.160(e)
of the Final Rule in some or all of these
jurisdiction(s). The Commission
estimates that each Foreign
Consolidated Subsidiary or foreign
branch of a U.S. CSE relying on this
provision would incur an average of 20
annual burden hours to maintain books
and records properly documenting that
all of the requirements of this provision
are satisfied (including policies and
procedures ensuring that they are in
compliance) with respect to each
jurisdiction as to which they rely on the
special provision. Thus, based on the
average of 7.5 non-segregation
jurisdictions, the Commission estimates
that each of the approximately 12
Foreign Consolidated Subsidiaries and
foreign branches of U.S. CSEs that may
rely on this provision will incur an
estimated 150 average burden hours per
year (i.e., 20 average burden hours per
jurisdiction multiplied by 7.5). Based
upon the above, the estimated hour
burden for collection is calculated as
follows:
Estimated Number of Respondents
per Year: 12.
Estimated Burden Hours per
Registrant: 150.
Estimated Total Annual Burden
Hours: 1,800 hours.
Frequency of Collection: Once; As
needed.
There are no capital costs or operating
and maintenance costs associated with
this collection.

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Authority: 44 U.S.C. 3501 et seq.
Dated: July 27, 2016.
Christopher J. Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2016–18213 Filed 8–1–16; 8:45 am]
BILLING CODE 6351–01–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities Under OMB Review
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

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 1, 2016.
ADDRESSES: Comments regarding the
burden estimated or any other aspect of
the information collection, including
suggestions for reducing the burden,
may be submitted directly to the Office
of Information and Regulatory Affairs
(OIRA) in OMB, within 30 days of the
notice’s publication, by email at
OIRAsubmissions@omb.eop.gov. Please
identify the comments by OMB Control
No. 3038–0067. Please provide the
Commission with a copy of all
submitted comments at the address
listed below. Please refer to OMB
Reference No. 3038–0067, found on
http://reginfo.gov. Comments may also
be mailed 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 or through
the Agency’s Web site at http://
comments.cftc.gov. Follow the
instructions for submitting comments
through the Web site.
Comments may also be mailed 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 at the same address.
A copy of the supporting statements
for the collection of information
discussed above may be obtained by
visiting http://RegInfo.gov. All
comments must be submitted in
English, or if not, accompanied by an
SUMMARY:

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English translation. Comments will be
posted as received to http://
www.cftc.gov.
For Further Information or a Copy
Contact: Sue McDonough, Counsel,
Office of General Counsel, Commodity
Futures Trading Commission, (202)
418–5132; email: smcdonough@cftc.gov,
and refer to OMB Control No. 3038–
0067.
SUPPLEMENTARY INFORMATION:

Title: Part 162 Subpart C—Identity
Theft Rule (OMB Control No. 3038–
0067). This is a request for extension of
a currently approved information
collection.
Abstract: This collection of
information is needed because under
part 162 subpart C—Identify Theft,
CFTC-regulated entities are required to
develop and implement reasonable
policies and procedures to identify,
detect, and respond to relevant red flags
(the Identity Theft Red Flags Rules) and,
in the case of entities that issue credit
or debit cards, to assess the validity of,
and communicate with cardholders
regarding, address changes. Section
162.30 includes the following
information collection requirements for
each CFTC-regulated entity that
qualifies as a ‘‘financial institution’’ or
‘‘creditor’’ under part 162 subpart C and
that offers or maintains covered
accounts: (i) Creation and periodic
updating of an identity theft prevention
program (‘‘Program’’) that is approved
by the board of directors, an appropriate
committee thereof, or a designated
senior management employee; (ii)
periodic staff reporting to the board of
directors on compliance with the
Identity Theft Red Flags Rules and
related guidelines; and (iii) training of
staff to implement the Program. Section
162.32 includes the following
information collection requirements for
each CFTC-regulated entity that is a
credit or debit card issuer: (i)
Establishment of policies and
procedures that assess the validity of a
change of address notification if a
request for an additional or replacement
card on the account follows soon after
the address change; and (ii) notification
of a cardholder, before issuance of an
additional or replacement card, at the
previous address or through some other
previously agreed-upon form of
communication, or alternatively,
assessment of the validity of the address
change request through the entity’s
established policies and procedures.
The Commission uses the collection of
information to discharge its regulatory
responsibilities to protect investors from
the risks of identity theft.

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CFTC staff estimates of the hour
burdens associated with section 162.30
include the one-time burden of
complying with this section for newlyformed CFTC-regulated entities, as well
as the ongoing costs of compliance for
all CFTC-regulated entities. With
respect to the one-time burden hours,
staff estimates that each newly-formed
financial institution or creditor would
incur a burden of 2 hours to conduct an
initial assessment of covered accounts.
Staff estimates that approximately 572
CFTC-regulated financial institutions
and creditors are newly formed each
year, and the total estimated one-time
burden to initially assess covered
accounts is therefore 1,144 hours. Staff
also estimates that each financial
institution or creditor that maintains
covered accounts would incur an
additional initial burden of 29 hours to
develop and obtain board approval of a
Program and hours to train the staff of
the financial institution or creditor. Staff
estimates that approximately 47 1 CFTCregulated financial institutions and
creditors that maintain covered
accounts are newly formed each year,
and thus the total estimated one-time
burden to develop and obtain board
approval of a Program and train staff is
1,363 hours. Thus, the total initial
estimated burden for all newly-formed
CFTC-regulated entities is 2,507 hours
(1,144 hours + 1,363 hours).
With respect to ongoing annual
burden hours, CFTC staff estimates that
each financial institution or creditor
would incur a burden of 2 hours to
periodically assess whether it offers or
maintains covered accounts. Staff
estimates that there are approximately
3,956 CFTC-regulated entities that are
either financial institutions or creditors,
and the total estimated annual burden to
1 Based on a review of new registrations typically
filed with the CFTC each year, CFTC staff estimates
that approximately 6 futures commission merchants
(‘‘FCMs’’), 83 introducing brokers (‘‘IBs’’), 282
commodity trading advisors (‘‘CTAs), and 198
commodity pool operators (‘‘CPOs’’) are newly
formed each year, for a total of 572 entities. CFTC
staff also has observed that approximately 50
percent of all CPOs are dually registered as CTAs.
With respect to RFEDs, CFTC staff has observed that
all entities registering as RFEDs also register as
FCMs. Based on these observation, CFTC has
determined that the total number of newly-formed
financial institutions and creditors is 470 (569–99
CPOs that are also registered as CTAs). There were
no newly registered RFEDs, SDs, or MSPs. Each of
these 470 financial institutions or creditors would
bear the initial one-time burden of compliance. Of
the total 470 newly-formed entities, staff estimates
that all of the FCMs are likely to carry covered
accounts, 10 percent of CTAs and CPOs are likely
to carry covered accounts, and none of the IBs are
likely to carry covered accounts, for a total of 47
newly-formed financial institutions or creditors
carrying covered accounts that would be required
to conduct an initial one-time burden of compliance
with subpart C of part 162.

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periodically assess covered accounts is
therefore 7,912 hours. Staff also
estimates that each financial institution
or creditor that maintains covered
accounts would incur an additional
annual burden of 4 hours to prepare and
present an annual report to the board
and 2 hours to periodically review and
update the Program. Staff estimates that
there are approximately 47 CFTCregulated entities that are financial
institutions or creditors that offer or
maintain covered accounts, and thus the
total estimated additional annual
burden for these entities is 282 hours.
Thus, the total ongoing annual
estimated burden for all CFTC-regulated
entities is 8,194 hours (7912 hours + 282
hours).
The collections of information
required by section 162.32 will apply
only to CFTC-regulated entities that
issue credit or debit cards. CFTC staff
understands that CFTC-regulated
entities generally do not issue credit or
debit cards, but instead may partner
with other entities, such as banks, that
issue cards on their behalf. These other
entities, which are not regulated by the
CFTC, are already subject to
substantially similar change of address
obligations pursuant to other federal
regulators’ identity theft red flags rules.
Therefore, staff does not expect that any
CFTC-regulated entities will be subject
to the information collection
requirements of section 163.32, and
accordingly, staff estimates that there is
no hour burden related to section 162.32
for CFTC-regulated entities.
In total, CFTC staff estimates that the
aggregate annual information collection
burden of part 162 subpart C is 10,701
hours (2,507 hours + 8,194 hours). This
estimate of burden hours is made solely
for the purposes of the Paperwork
Reduction Act and is not derived from
a quantitative, comprehensive, or even
representative survey or study of the
burdens associated with Commission
rules and forms. Compliance with part
162 subpart C, including compliance
with the information collection
requirements thereunder, is mandatory
for each CFTC regulated entity that
qualifies as a ‘‘financial institution’’ or
‘‘creditor’’ under part 162 subpart C (as
discussed above, certain collections of
information under part 162 subpart C
are mandatory only for financial
institutions or creditors that offer or
maintain covered accounts).
The Commission did not receive any
comments on the 60-day Federal
Register notice, 81 FR 35001, dated June
1, 2016.
Estimated Number of Respondents:
4,622.

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Estimated Average Burden Hours per
Respondent: 2.32.
Estimated Total Annual Burden
Hours: 10,723.2
Frequency of Collection: Once.
There are no capital costs or operating
and maintenance costs associated with
this collection.
Authority: 44 U.S.C. 3501 et seq.
Dated: July 27, 2016.
Christopher J. Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2016–18212 Filed 8–1–16; 8:45 am]
BILLING CODE 6351–01–P

DEPARTMENT OF ENERGY
Environmental Management SiteSpecific Advisory Board, Paducah
Department of Energy (DOE).
Notice of open meeting.

AGENCY:
ACTION:

This notice announces a
meeting of the Environmental
Management Site-Specific Advisory
Board (EM SSAB), Paducah. The
Federal Advisory Committee Act (Pub.
L. 92–463, 86 Stat. 770) requires that
public notice of this meeting be
announced in the Federal Register.
DATES: Thursday, August 18, 2016, 6:00
p.m.
ADDRESSES: Barkley Centre, 111
Memorial Drive, Paducah, Kentucky
42001.
SUMMARY:

FOR FURTHER INFORMATION CONTACT:

Jennifer Woodard, Deputy Designated
Federal Officer, Department of Energy
Paducah Site Office, Post Office Box
1410, MS–103, Paducah, Kentucky
42001, (270) 441–6825.
SUPPLEMENTARY INFORMATION: Purpose of
the Board: The purpose of the Board is
to make recommendations to DOE–EM
and site management in the areas of
environmental restoration, waste
management and related activities.
Tentative Agenda:
• Call to Order, Introductions, Review
of Agenda
• Administrative Issues
• Public Comments (15 minutes)
• Adjourn
Breaks taken as appropriate.
Public Participation: The EM SSAB,
Paducah, welcomes the attendance of
the public at its advisory committee
meetings and will make every effort to
accommodate persons with physical
disabilities or special needs. If you
require special accommodations due to
2 This total annual burden hour reflects a slight
increase in the estimated total annual burden hours
to account for the average burden hours per
respondent of 2.32 hours.

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