60-Day Federal Register Notice

(2022) 60-day FR Notice -3038-0024.pdf

Regulations and Forms Pertaining to Financial Integrity of the Market Place; Margin Requirements for SDs/MSPs

60-Day Federal Register Notice

OMB: 3038-0024

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Federal Register / Vol. 87, No. 83 / Friday, April 29, 2022 / Notices

during the meeting. An agenda is
available from the Committee’s
Executive Secretary upon request (see
FOR FURTHER INFORMATION CONTACT).
The Committee will meet in its
Species Working Groups in closed
session on the afternoon of May 12,
2022. These sessions are not open to the
public, but the results of the Species
Working Group discussions will be
reported to the full Advisory Committee
during the Committee’s open session on
May 13, 2022.
Special Accommodations
The virtual meeting is accessible to
people with disabilities. Requests for
auxiliary aids should be directed to
Bryan Keller at 202–897–9208 or
bryan.keller@noaa.gov at least 5 days
prior to the meeting date.
Authority: 16 U.S.C. 971 et seq.; 16
U.S.C. 1801 et seq.
Dated: April 25, 2022.
Alexa Cole,
Director, Office of International Affairs,
Trade, and Commerce, National Marine
Fisheries Service.
[FR Doc. 2022–09188 Filed 4–28–22; 8:45 am]
BILLING CODE 3510–22–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Extend
Collection 3038–0024: Regulations and
Forms Pertaining to the Financial
Integrity of the Marketplace
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 existing collection of
information pertaining to regulatory
obligations for financial reporting and
recordkeeping by various Commission
registrants including swap dealers,
futures commission merchants,
introducing brokers and retail foreign
exchange dealers.
DATES: Comments must be submitted on
or before June 28, 2022.

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SUMMARY:

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You may submit comments,
identified by ‘‘OMB Control No. 3038–
0024’’ 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
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:
Jennifer Bauer, Special Counsel, Market
Participants Division, Commodity
Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581; (202) 418–5472;
email: jbauer@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: Regulations and Forms
Pertaining to the Financial Integrity of
the Marketplace (OMB Control No.
3038–0024). This is a request for an
extension of a currently approved
information collection.
ADDRESSES:

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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Abstract: The Commission is the
independent federal regulatory agency
charged with providing various forms of
customer protection so that users of the
commodity markets can be assured of
the financial integrity of the markets
and the intermediaries that they employ
in their trading activities. Part 1 of the
Commission’s regulations requires,
among other things, that commodity
brokers—known as futures commission
merchants (‘‘FCMs’’), or Introducing
Brokers (‘‘IBs’’), comply with certain
minimum financial requirements. In
order to monitor compliance with these
financial standards, the Commission has
required FCMs and IBs to file financial
reports with the Commission and with
the designated self-regulatory
organization of which they are members
as well as to report to the Commission
should certain financial requirements
drop below prescribed minimums.
In 2008, the U.S. Congress passed the
Food, Conservation, and Energy Act of
2008, Public Law 110–246, 122 Stat.
1651, 2189–2204 (2008), also known as
the Farm Bill. The Farm Bill provided
the Commission with new authority
with regard to the regulation of offexchange retail forex transactions.
Among other things, it directed the
Commission to draft rules effectuating
registration provisions for a new
category of registrant—the retail foreign
exchange dealer (‘‘RFED’’). Under the
terms of the legislation, RFEDs are
subject to the same capital requirements
as FCMs that are engaged in retail forex
transactions, and, therefore, subject to
the same reporting requirements.
Accordingly, this collection was
amended to reflect the financial
reporting requirements of the new
category of registrant, RFEDs.
In 2010, the US Congress passed the
Wall Street Reform and Consumer
Protection Act (the ‘‘Dodd-Frank Act’’),
Public Law 111–203, 124 Stat. 1376
(2010), giving the Commission the
authority to regulate certain swap
markets and participants in those
markets. Section 731 of the Dodd-Frank
Act, amended the Commodity Exchange
Act (‘‘CEA’’), 7 U.S.C. 1 et seq., to add,
as section 4s(e) thereof, provisions
concerning the setting of capital and
initial and variation margin
requirements for swap dealers (‘‘SDs’’)
and major swap participants (‘‘MSPs’’).
In 2016 and 2020 respectively, the
Commission finalized the Margin
Requirements for Uncleared Swaps for
Swap Dealers and Major Swap
Participants rule and the Capital
Requirements for Swap Dealers and
Major Swap Participants rule to
implement those requirements.
Specifically, such rules include

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Federal Register / Vol. 87, No. 83 / Friday, April 29, 2022 / Notices
financial reporting and recordkeeping,
as well as application processes for
model approval for both capital and
margin models for SDs and MSPs that
do not have a prudential regulator
(‘‘Covered Swap Entities’’ or ‘‘CSEs’’).
Separately, in 2013, the Commission
finalized rules in an effort to prevent
unauthorized usage of customer funds
by FCMs and RFEDs. The final rules
included modifications to the reporting
requirements required by the
Commission which resulted in changes
to the financial statements filed by
FCMs and RFEDs, and made some of the
recordkeeping requirements already
contained in this OMB Collection
Number 3038–0024 into reporting
requirements. These rules added
additional recordkeeping requirements
by FCMs to assure the segregation of
customer funds.
This collection, OMB Control No.
3038–0024, is needed for the
Commission to continue its financial
monitoring of its registrants. The burden
hours are being revised to reflect the
current number of various types of
registrants and updated to reflect more
accurate estimates regarding the number
of financial reports filed, based on
current historical data.
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
2 17

CFR 145.9.

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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 for approximately 61
FCMs and RFEDs, 53 CSEs and 1,019
IBs. The respondent burden for this
collection is estimated to be as follows:
Respondents/Affected Entities: FCMs,
RFEDs, IBs, SDs, and MSPs.
Estimated Number of Respondents:
1,133.
Estimated Average Burden Hours per
Respondent: 251 hours.3
Estimated Total Annual Burden
Hours: 284,124 hours.4
Frequency of Collection: At various
intervals.5
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: April 25, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022–09166 Filed 4–28–22; 8:45 am]
BILLING CODE 6351–01–P

DEPARTMENT OF DEFENSE
Department of the Air Force
[Docket ID: USAF–2022–HQ–0006]

Proposed Collection; Comment
Request
Department of the Air Force,
Department of Defense (DoD).
ACTION: 60-Day information collection
notice.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995, the
Department of the Air Force announces
a proposed public information

SUMMARY:

3 Rounded

off from 250.7714033.
figure is derived from 250.7714033 (burden
hours per respondent) × 1133 respondents =
284,124.
5 For example, FCMs have both daily and
monthly financial reporting obligations, annual
certified financial and compliance report
obligations, and periodic notice requirements.
4 This

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collection and seeks public comment on
the provisions thereof. Comments are
invited on: Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; the accuracy of the
agency’s estimate of the burden of the
proposed information collection; ways
to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the information collection on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
DATES: Consideration will be given to all
comments received by June 28, 2022.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Department of Defense, Office of
the Assistant to the Secretary of Defense
for Privacy, Civil Liberties, and
Transparency, Regulatory Directorate,
4800 Mark Center Drive, Attn: Mailbox
24, Suite 08D09, Alexandria, VA 22350–
1700.
Instructions: All submissions received
must include the agency name, docket
number and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT: To
request more information on this
proposed information collection or to
obtain a copy of the proposal and
associated collection instruments,
please write to Headquarters Air Force,
1040 Air Force Pentagon, 5B349,
Washington, DC 20330–1040, Dr. Julie
LaRow, 617–877–6672.
SUPPLEMENTARY INFORMATION:
Title; Associated Form; and OMB
Number: Department of the Air Force
Integrated Response Co-Location Pilot;
OMB Control Number 0701–IRCP.
Needs and Uses: Per the
Undersecretary of the Air Force’s
direction, this pilot program seeks to
improve Department of Air Force (DAF)
response to and outcomes for Victims/
Survivors of sexual assault, sexual
harassment, domestic violence, stalking,
and cyber harassment by piloting colocations of identified response services.
Select DAF installations will physically

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