60-Day Federal Register Notice

(2022) 60-Day FR Notice -3038-0094.pdf

Clearing Member Risk Management

60-Day Federal Register Notice

OMB: 3038-0094

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9582

Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Notices
Between Imports and Fish Prices
B. Green Turtle Management Update
C. Non-Longline Pelagic Data
Workshop
18. Feedback from the Fleet
A. Hawaii Fishermen Observations
B. AP Fishery Issues and Activities
19. Public Comment
20. Discussion and Recommendations
21. Other Business

B. Marianas Sanctuary Nomination
C. CILI Updates
D. CCC Working Group on EEJ
4. 2022 AP Activities Plan
A. AP Outreach and Education
5. Feedback From The Fleet
A. Guam Fishermen Observations
B. AP Fishery Issues and Activities
6. Public Comment
7. Discussion and Recommendations
8. Other Business

Special Accommodations

Schedule and Agenda for the FIAC
Meeting
Thursday, March 10, 2022, 2 p.m.–5
p.m. (Hawaii Standard Time)
1. Welcome and Introductions
2. Status Report on September 2021
FIAC Recommendations
3. Roundtable Update on Fishing/
Market Issues/Impacts (billfish,
transportation, etc.)
4. Investigating the Relationships
Between Imports and Fish Prices
5. Aquaculture Management Final
Proposed Environmental Impact
Statement and Future Action
6. Northwestern Hawaiian Islands
(NWHI) Proposed National Marine
Sanctuary 304(1)(5) Council
Response
7. International Fisheries
A. New Strategy for Addressing
Western and Central Pacific
Fisheries Commission Issues
B. Revisiting Western and Central
Pacific Ocean Silky Shark MSA
304(i) Obligations
8. False Killer Whale Hook Study
Implications
9. CCC Working Group on EEJ
10. Other Issues
11. Public Comment
12. Discussion and Recommendations
Schedule and Agenda for the Hawaii
Archipelago AP Meeting

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Friday, March 11, 2022, 9 a.m.–12 noon
(Hawaii Standard Time)
13. Welcome and Introductions
14. Review of Last AP Meeting and
Recommendations
15. Council Issues
A. NWHI Proposed National Marine
Sanctuary 304(1)(5) Council
Response
B. Specification of the Main Hawaiian
Islands Deepwater Shrimp and
Precious Coral Annual Catch Limits
for Fishing Year 2022–2025
C. False Killer Whale Hook Study
Implications
D. CCC Working Group on EEJ
16. AP Plan and Working Group Reports
A. Smart Fish Aggregation Devices
B. FishMaps
17. Hawaii Fishery Issues and Activities
A. Investigating the Relationships

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These meetings are accessible to
people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Kitty M. Simonds, (808) 522–8220
(voice) or (808) 522–8226 (fax), at least
5 days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 16, 2022.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–03721 Filed 2–18–22; 8:45 am]
BILLING CODE 3510–22–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Extend
Collection 3038–0094: Clearing
Member Risk Management
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

The Commodity Futures
Trading Commission (‘‘Commission’’ or
‘‘CFTC’’) is announcing an opportunity
for public comment on the proposed
renewal of a collection of certain
information by the agency. Under the
Paperwork Reduction Act (‘‘PRA’’),
Federal agencies are required to publish
notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of an existing collection of
information, and to allow 60 days for
public comment. This notice solicits
comments on the obligation to maintain
records related to clearing
documentation between a customer and
the customer’s clearing member, as
required under Commission regulations.
DATES: Comments must be submitted on
or before April 25, 2022.
ADDRESSES: You may submit comments,
identified by ‘‘OMB Control No. 3038–
0094’’ by any of the following methods:
• The Agency’s website, at https://
comments.cftc.gov/. Follow the
instructions for submitting comments
through the website.
SUMMARY:

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• 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. 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 https://
www.cftc.gov.
FOR FURTHER INFORMATION CONTACT:
Melissa A. D’Arcy, Special Counsel,
Division of Clearing and Risk,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581; (202) 418–5086; email: mdarcy@
cftc.gov.
SUPPLEMENTARY INFORMATION: Under the
PRA, 44 U.S.C. 3501 et seq., Federal
agencies must obtain approval from the
Office of Management and Budget
(‘‘OMB’’) for each collection of
information they conduct or sponsor.
‘‘Collection of Information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR 1320.3
and includes agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. Section
3506(c)(2)(A) of the PRA, 44 U.S.C.
3506(c)(2)(A), requires Federal agencies
to provide a 60-day notice in the
Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, the Commission is
publishing notice of the proposed
extension of the existing collection of
information listed below. 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.1
Title: Clearing Member Risk
Management (OMB Control No. 3038–
0094). This is a request for an extension
of a currently approved information
collection.
Abstract: Section 3(b) of the
Commodity Exchange Act (‘‘Act’’ or
‘‘CEA’’) provides that one of the
purposes of the Act is to ensure the
financial integrity of all transactions
subject to the Act and to avoid systemic
risk. Section 8a(5) of the CEA authorizes
the Commission to promulgate such
1 The OMB control numbers for the CFTC
regulations were published on December 30, 1981.
See 46 FR 63035 (Dec. 30, 1981).

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Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Notices
regulations that it believes are
reasonably necessary to effectuate any of
the provisions or to accomplish any of
the purposes of the CEA. Risk
management systems are critical to the
avoidance of systemic risk.
Section 4s(j)(2) of the CEA requires
each Swap Dealer (‘‘SD’’) and Major
Swap Participant (‘‘MSP’’) to have risk
management systems adequate for
managing its business. Section 4s(j)(4)
requires each SD and MSP to have
internal systems and procedures to
perform any of the functions set forth in
Section 4s.
Section 4d requires Futures
Commission Merchants (‘‘FCMs’’) to
register with the Commission. It further
requires FCMs to segregate customer
funds. Section 4f requires FCMs to
maintain certain levels of capital.
Section 4g establishes reporting and
recordkeeping requirements for FCMs.
Pursuant to these provisions, the
Commission adopted Commission
regulation 1.73 which applies to
clearing members that are FCMs and
Commission regulation 23.609 which
applies to clearing members that are SDs
or MSPs. These provisions require these
clearing members to have procedures to
limit the financial risks they incur as a
result of clearing trades and liquid
resources to meet the obligations that
arise. The regulations require each
clearing members to: (1) Establish credit
and market risk-based limits based on
position size, order size, margin
requirements, or similar factors; (2) use
automated means to screen orders for
compliance with the risk-based limits;
(3) monitor for adherence to the riskbased limits intra-day and overnight; (4)
conduct stress tests of all positions in
the proprietary account and all
positions in any customer account that
could pose material risk to the futures
commission merchant at least once per
week; (5) evaluate its ability to meet
initial margin requirements at least once
per week; (6) evaluate its ability to meet
variation margin requirements in cash at
least once per week; (7) evaluate its
ability to liquidate the positions it clears
in an orderly manner, and estimate the
cost of the liquidation at least once per
month; and (8) test all lines of credit at
least once per quarter.
Each of these items has been observed
by Commission staff as an element of an
existing sound risk management
program at an SD, MSP, or FCM. The
Commission regulations require each
clearing member to establish written
procedures to comply with this
regulation and to keep records
documenting its compliance. The
information collection obligations
imposed by the regulations are

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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, and FCMs.
With respect to the collection of
information, the CFTC invites
comments on:
• Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have a practical use;
• The accuracy of the Commission’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
• Ways to enhance the quality,
usefulness, and clarity of the
information to be collected; and
• Ways to minimize the burden of
collection of information on those who
are to respond, including through the
use of appropriate automated electronic,
mechanical, or other technological
collection techniques or other forms of
information technology; e.g., permitting
electronic submission of responses.
You should submit only information
that you wish to make available
publicly. If you wish for 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 Regulations.2
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 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 Information Collection
Request 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.
Burden Statement: The Commission
is revising its estimate of the burden for
this collection of information from
clearing members of derivatives clearing
organizations who are swap dealers,
major swap participants, and/or futures
commission merchants. The respondent
burden for this collection is estimated to
be as follows:
2 17

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CFR 145.9.

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Estimated Number of Respondents:
167 (108 Clearing Member Swap Dealers
and 59 Clearing Member Futures
Commission Merchants).
Estimated Average Burden Hours per
Respondent: 504 hours.
Estimated Total Annual Burden
Hours: 84,168 hours.
Frequency of Collection: 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: February 16, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022–03700 Filed 2–18–22; 8:45 am]
BILLING CODE 6351–01–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Extend
Collection 3038–0075: Protection of
Collateral of Counterparties to
Uncleared Swaps; Treatment of
Securities in a Portfolio Margining
Account in a Commodity Broker
Bankruptcy
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

The Commodity Futures
Trading Commission (‘‘Commission’’ or
‘‘CFTC’’) is announcing an opportunity
for public comment on the proposed
renewal of a collection of certain
information by the agency. Under the
Paperwork Reduction Act (‘‘PRA’’),
Federal agencies are required to publish
notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of an existing collection of
information, and to allow 60 days for
public comment. This notice solicits
comments on reporting requirements
relating to uncleared swaps between
certain affiliated entities electing the
exemption under Commission
regulation 50.52 (Exemption for swaps
between affiliates).
DATES: Comments must be submitted on
or before April 25, 2022.
ADDRESSES: You may submit comments,
identified by ‘‘OMB Control No. 3038–
0075’’ by any of the following methods:
• The Agency’s website, at https://
comments.cftc.gov/. Follow the
instructions for submitting comments
through the website.
• Mail: Christopher Kirkpatrick,
Secretary of the Commission,
Commodity Futures Trading
SUMMARY:

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