(2020) 30-day FRN 0091 21224

(2020) 30-day FRN 0091 21224.pdf

Disclosure and Retention of Certain Information Relating to Cleared Swaps Customer Collateral

OMB: 3038-0091

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60444

Federal Register / Vol. 85, No. 187 / Friday, September 25, 2020 / Notices

stocks would not have an unmitigable
adverse impact on the availability of
such species or stocks for taking for
subsistence purposes.
Endangered Species Act
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA: 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we propose to authorize take
for endangered or threatened species, in
this case with the Greater Atlantic
Regional Field Office (GARFO).
We requested initiation of
consultation under section 7 of the ESA
with NMFS GARFO for the issuance of
this IHA. On July 30, 2020, NMFS
GARFO determined our issuance of the
IHA to Equinor was not likely to
adversely affect the North Atlantic right,
fin, sei, and sperm whale or the critical
habitat of any ESA-listed species or
result in take under the ESA.

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National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our
planned action (i.e., the issuance of an
IHA) with respect to potential impacts
on the human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (incidental
harassment authorizations with no
anticipated serious injury or mortality)
of the Companion Manual for NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have
the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
exclusion. Accordingly, NMFS has
determined that the issuance of the IHA
qualifies to be categorically excluded
from further NEPA review.
Authorization
NMFS has issued an IHA to Equinor
for the potential harassment of small
numbers of 17 marine mammal stocks
incidental to the conducting marine site
characterization surveys off the coast of
Massachusetts, Rhode Island,
Connecticut, New York or New Jersey in
the area of the Commercial Leases of

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Submerged Lands for Renewable Energy
Development on the Outer Continental
Shelf (OCS–A 0520 and OCS–A 0512)
and along potential submarine cable
routes to a landfall locations.
Dated: September 21, 2020.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–21137 Filed 9–24–20; 8:45 am]
BILLING CODE 3510–22–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 Information and Regulatory
Affairs (OIRA), of 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 October 26, 2020.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of this
notice’s publication to OIRA, at https://
www.reginfo.gov/public/do/PRAMain.
Please find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the website’s
search function. Comments can be
entered electronically by clicking on the
‘‘comment’’ button next to the
information collection on the ‘‘OIRA
Information Collections Under Review’’
page, or the ‘‘View ICR—Agency
Submission’’ page. A copy of the
supporting statement for the collection
of information discussed herein may be
obtained by visiting https://
www.reginfo.gov/public/do/PRAMain.
In addition to the submission of
comments to https://Reginfo.gov as
indicated above, a copy of all comments
submitted to OIRA may also be
submitted to the Commodity Futures
Trading Commission (the
‘‘Commission’’ or ‘‘CFTC’’) by clicking
on the ‘‘Submit Comment’’ box next to
the descriptive entry for OMB Control
No. 3038–0091, at https://
SUMMARY:

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comments.cftc.gov/FederalRegister/
PublicInfo.aspx.
Or by either of the following methods:
• Mail: Christopher Kirkpatrick,
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.
All comments must be submitted in
English, or if not, accompanied by an
English translation. Comments
submitted to the Commission should
include 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 § 145.9
of the Commission’s regulations.1 The
Commission reserves the right, but shall
have no obligation, to review, prescreen, filter, redact, refuse or remove
any or all of your submission from
https://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.
FOR FURTHER INFORMATION CONTACT:
Mark Bretscher, Special Counsel,
Division of Swap Dealers and
Intermediary Oversight, Commodity
Futures Trading Commission, (312)
596–0529; email: mbretscher@cftc.gov,
and refer to OMB Control No. 3038–
0091.
SUPPLEMENTARY INFORMATION:

Title: Disclosure and Retention of
Certain Information Relating to Cleared
Swaps Customer Collateral (OMB
Control No. 3038–0091). This is a
request for extension and revision of a
currently approved information
collection.
Abstract: Section 724(a) of the DoddFrank Wall Street Reform and Consumer
Protection Act, Public Law 111–023,
124 stat. 1376, amended the Commodity
Exchange Act (‘‘CEA’’), 7 U.S.C. 1 et
seq., to add, as section 4d(f) thereof,
provisions concerning the protection of
collateral provided by a Cleared Swaps
Customer to margin, guaranty, or secure
a swap cleared by or through a
1 17

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CFR 145.9.

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Federal Register / Vol. 85, No. 187 / Friday, September 25, 2020 / Notices
derivatives clearing organization
(‘‘DCO’’). Broadly speaking, in cleared
swaps transactions customers provide
collateral to futures commission
merchants (‘‘FCMs’’) through whom
they clear their transactions. FCMs, in
turn, may provide customer collateral to
DCOs, through which FCMs clear
transactions for their customers. 17 CFR
part 22 is intended to implement CEA
section 4d(f). Several of the sections of
Part 22 require collections of
information.
Section 22.2(g) requires each FCM
with Cleared Swaps Customer Accounts
to compute daily the amount of Cleared
Swaps Customer Collateral on deposit
in Cleared Swaps Customer Accounts,
the amount of such collateral required
to be on deposit in such accounts and
the amount of the FCM’s residual
financial interest in such accounts. The
purpose of this collection of information
is to help ensure that FCMs’ Cleared
Swaps Customer Accounts are in
compliance at all times with statutory
and regulatory requirements for such
accounts.
Section 22.5(a) requires an FCM or
DCO to obtain, from each depository
with which it deposits cleared swaps
customer funds, a letter acknowledging
that such funds belong to the Cleared
Swaps Customers of the FCM, and not
the FCM itself or any other person. The
purpose of this collection of information
is to confirm that the depository
understands its responsibilities with
respect to protection of cleared swaps
customer funds.
Section 22.11 requires each FCM that
intermediates cleared swaps for
customers on or subject to the rules of
a DCO, whether directly as a clearing
member or indirectly through a
Collecting FCM, to provide the DCO
with information sufficient to identify
each customer of the FCM whose swaps
are cleared by the FCM. Section 22.11
also requires the FCM, at least once
daily, to provide the DCO with
information sufficient to identify each
customer’s portfolio of rights and
obligations arising out of cleared swaps
intermediated by the FCM. The purpose
of this collection of information is to
facilitate risk management by DCOs in
the event of default by the FCM, to
enable DCOs to perform their duty,
pursuant to section 22.15, to treat the
collateral attributed to each customer of
the FCM on an individual basis.
Section 22.12 requires that each DCO
and FCM, on a daily basis, calculate,
based on information received pursuant
to section 22.11 and on information
generated and used in the ordinary
course of business by the DCO or FCM,
and record certain information about the

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amount of collateral required for each
Cleared Swaps Customer and the sum of
these amounts. As with section 22.11,
the purpose of this collection of
information is to facilitate risk
management by DCOs and in the event
of default by the FCM, to enable DCOs
to perform their duty, pursuant to
section 22.15, to treat the collateral
attributed to each customer of the FCM
on an individual basis.
Section 22.16 requires that each FCM
who has Cleared Swaps Customers
disclose to each of such customers the
governing provisions, as established by
DCO rules or customer agreements
between collecting and depositing
FCMs, relating to use of customer
collateral, transfer, neutralization of the
risks, or liquidation of cleared swaps in
the event of a default by a Depositing
FCM relating to a Cleared Swaps
Customer Account. The purpose of this
collection of information is to ensure
that Cleared Swaps Customers are
informed of the procedures to which
accounts containing their swaps
collateral may be subject in the event of
a default by their FCM.
Section 22.17 requires that each FCM
produce a written notice of the reasons
and the details concerning withdrawals
from a Cleared Swaps Customers
Account not for the benefit of Cleared
Swap Customers if such withdrawal
will exceed 25% of the FCMs residual
interest in such account.
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
control number. On July 17, 2020, 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, 85
FR 43547 (‘‘60-Day Notice’’) The
Commission did not receive any
comments on the 60-Day Notice.
Burden Statement: The Commission
is revising its estimate of the burden for
this collection for 78 respondents (63
FCMs and 15 DCOs). The respondent
burden for this collection is estimated to
be as follows:
Estimated Number of Respondents:
78.
Estimated Average Burden Hours per
Respondent: 331.
Estimated Total Annual Burden
Hours: 25,890.
Frequency of Collection: Section
22.2(g)—Daily.
Section 22.5(a)—Once.
Section 22.11—Daily.
Section 22.12—Daily.
Section 22.16—Once.
Section 22.17—On occasion.

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60445

Authority: 44 U.S.C. 3501 et seq.
Dated: September 22, 2020.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2020–21224 Filed 9–24–20; 8:45 am]
BILLING CODE 6351–01–P

INTERNATIONAL DEVELOPMENT
FINANCE CORPORATION
[DFC–016]

Submission for OMB Review
U.S. International Development
Finance Corporation (DFC).
ACTION: Notice of Information
Collection; Emergency Clearance.
AGENCY:

The U.S. International
Development Finance Corporation
(DFC) is submitting a request to the
Office of Management and Budget
(OMB) for emergency review and
clearance of a new information
collection request under the Paperwork
Reduction Act of 1995.
DATES: DFC intends to begin use of this
collection immediately.
ADDRESSES: Requests for copies of the
subject information collection may be
sent by any of the following methods:
• Mail: Joanna Reynolds, Agency
Submitting Officer, U.S. International
Development Finance Corporation, 1100
New York Avenue NW, Washington, DC
20527.
• Email: fedreg@opic.gov
Instructions: All submissions received
must include the agency name and
agency form number or OMB form
number for this information collection.
Electronic submissions must include the
agency form number in the subject line
to ensure proper routing. Please note
that all written comments received in
response to this notice will be
considered public records.
FOR FURTHER INFORMATION CONTACT:
Agency Submitting Officer: Joanna
Reynolds, (202) 357–3979.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act (PRA), the U.S.
International Development Finance
Corporation (DFC) is seeking emergency
clearance from OMB on a new
information collection titled DFC–016,
DFC-Serbia—Kosovo Screening Tool.
SUMMARY:

Summary Form Under Review
Title of Collection: DFC-Serbia—
Kosovo Screening Tool
Type of Review: New information
collection.
Agency Form Number: DFC–016.
OMB Form Number: Not assigned,
new information collection.

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