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Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices

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vomerina), Dall’s porpoise
(Phocoenoides dalli dalli), southern
resident and transient killer whales
(Orcinus orca), gray whales
(Eschrichtius robustus), and humpback
whales (Megaptera novaeangliae), by
harassment, incidental to pile driving
activities in Elliot Bay for the EBSP,
were issued on October 21, 2013 (78 FR
63396, October 24, 2013), and remain in
effect until October 21, 2018. For
detailed information on this action,
please refer to that document. The
regulations include mitigation,
monitoring, and reporting requirements
for the incidental take of marine
mammals during pile driving activities
associated with the EBSP. Pursuant to
those regulations, NMFS first issued an
LOA, effective from October 22, 2013,
through October 21, 2014, and a second
LOA, effective from October 22, 2014,
through October 21, 2015. SDOT
conducted activities as described,
implemented the required mitigation
methods, and conducted the required
monitoring.
Monitoring Reports
The total number of potentially
harassed marine mammals was well
below the authorized limits, with the
exception of the California sea lion. The
reported take for California sea lion for
the 2014–2015 Letter of Authorization,
by Level B harassment only, exceeded
the annually authorized level. Please see
the monitoring report at http://
www.nmfs.noaa.gov/pr/permits/
incidental/construction.htm for more
detail. This resulted in part because of
an error in our assumptions relating to
the proposed take estimates in the
original rule, i.e., the number of
California sea lions regularly hauling
out on buoys in Elliot Bay. Based on our
review of monitoring to date we plan to
revise future take estimates by assuming
an estimated daily exposure of up to 7
California sea lions (as compared with
5 assumed in regulations).
Because this revision of the estimated
number of California sea lions
constitutes less than 0.1 percent of the
population for California sea lions, and
is the same kind of take anticipated in
the regulations, it remains consistent
with the determinations of negligible
impact and small numbers, and our
subsistence findings for the specified
activity and remaining years of the
issued regulations for the EBSP.
Authorization
NMFS has issued an LOA to SDOT
authorizing the Level B harassment of
marine mammals incidental to pile
driving activities associated with the
EBSP at Seattle, WA. Take of marine

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mammals will be minimized through
implementation of the following
mitigation measures: (1) Limited impact
pile driving; (2) containment of impact
pile driving; (3) additional sound
attenuation measures; (4) ramp-up of
pile-related activities; (5) marine
mammal exclusion zones; and (6)
shutdown and delay procedures. SDOT
will also conduct visual monitoring and
underwater acoustic monitoring for
mitigation and research purposes.
Reports will be submitted to NMFS at
the time of request for a renewal of the
LOA, and a final comprehensive report,
which will summarize all previous
reports and assess cumulative impacts,
will be submitted before the rule
expires.
Issuance of this LOA is based on the
results of the monitoring reports that
verified that the total number of
potentially harassed marine mammals
was below the authorized limits, with
the exception of the California sea lion
(as discussed above). Based on these
findings and the information discussed
in the preamble to the final rule, the
activities described under the LOA will
have a negligible impact on the marine
mammal stocks and will not have an
unmitigable adverse impact on the
availability of the affected marine
mammal stocks for subsistence uses. No
injury, serious injury, or mortality of the
affected species is anticipated.
Dated: October 28, 2015.
Perry F. Gayaldo,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2015–29979 Filed 11–24–15; 8:45 am]
BILLING CODE 3510–22–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Renew
Collection Numbers 3038–0068, 3038–
0083, and 3038–0088, Confirmation,
Portfolio Reconciliation, Portfolio
Compression, and Swap Trading
Relationship Documentation
Requirements for Swap Dealers and
Major Swap Participants
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

The Commodity Futures
Trading Commission (‘‘CFTC’’ or
‘‘Commission’’) is announcing an
opportunity for public comment on the
proposed renewal of three collections of
certain information by the agency.
Under the Paperwork Reduction Act
(‘‘PRA’’), Federal agencies are required

SUMMARY:

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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 collections of
information mandated by §§ 23.500 to
23.505 of the Commission regulations
(Confirmation, Portfolio Reconciliation,
Portfolio Compression, and Swap
Trading Relationship Documentation
Requirements for Swap Dealers and
Major Swap Participants).
DATES: Comments must be submitted on
or before January 25, 2016.
ADDRESSES: You may submit comments,
identified by ‘‘Confirmation, Portfolio
Reconciliation, Portfolio Compression,
and Swap Trading Relationship
Documentation Requirements for Swap
Dealers and Major Swap Participants’’,’’
and Collection Numbers 3038–0068,
3038–0083, and 3038–0088 by any of
the following methods:
• The Agency’s Web site, at http://
comments.cftc.gov/. Follow the
instructions for submitting comments
through the Web site.
• 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.
• Federal eRulemaking Portal: http://
www.regulations.gov/. Follow the
instructions for submitting comments
through the Portal. 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 www.cftc.gov.
FOR FURTHER INFORMATION CONTACT:
Gregory Scopino, Special Counsel,
Division of Swap Dealer and
Intermediary Oversight, Commodity
Futures Trading Commission, (202)
418–5496; email: [email protected].
SUPPLEMENTARY INFORMATION: Under the
PRA, 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,

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Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices

including each proposed extension of an
existing collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, the CFTC is publishing
notice of the proposed collection of
information listed below.
Title: Confirmation, Portfolio
Reconciliation, Portfolio Compression,
and Swap Trading Relationship
Documentation Requirements for Swap
Dealers and Major Swap Participants
(OMB Control Nos. 3038–0068, 3038–
0083, 3038–0088). This is a request for
an extension of currently approved
information collections.
Abstract: On September 11, 2012 the
Commission adopted Commission
regulations 23.500–23.505
(Confirmation, Portfolio Reconciliation,
Portfolio Compression, and Swap
Trading Relationship Documentation
Requirements for Swap Dealers and
Major Swap Participants) 1 under
sections 4s(f), (g) and (i) 2 of the
Commodity Exchange Act (‘‘CEA’’).
Commission regulations 23.500–23.505
require, among other things, that swap
dealers (‘‘SD’’) 3 and major swap
participants (‘‘MSP’’) 4 develop and
retain written swap trading relationship
documentation. The regulations also
establish requirements for SDs and
MSPs regarding swap confirmation,
portfolio reconciliation, and portfolio
compression. Under the regulations,
swap dealers and major swap
participants are obligated to maintain
records of the policies and procedures
required by the rules.5 Confirmation,
portfolio reconciliation, and portfolio
compression are important post-trade
processing mechanisms for reducing
risk and improving operational
efficiency. The information collection
obligations imposed by the regulations
are necessary to ensure that each swap
dealer and major swap participant
maintains the required records of their
business activities and an audit trail
sufficient to conduct comprehensive
and accurate trade reconstruction. The
information collections contained in the
regulations are essential to ensuring that
1 17

CFR 23.500–23.505.
U.S.C. 6s(f),(g) & (i).
3 For the definition of SD, see section 1a(49) of
the CEA and Commission regulation 1.3(ggg). 7
U.S.C. 1a(49) and 17 CFR 1.3(ggg).
4 For the definitions of MSP, see section 1a(33) of
the CEA and Commission regulation 1.3(hhh). 7
U.S.C. 1a(33) and 17 CFR 1.3(hhh).
5 SDs and MSPs are required to maintain all
records of policies and procedures in accordance
with Commission regulation 1.31, including
policies, procedures and models used for eligible
master netting agreements and custody agreements
that prohibit custodian of margin from rehypothecating, repledging, reusing, or otherwise
transferring the funds held by the custodian.

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swap dealers and major swap
participants document their swaps,
reconcile their swap portfolios to
resolve discrepancies and disputes, and
wholly or partially terminate some or all
of their outstanding swaps through
regular portfolio compression exercises.
The collections of information are
mandatory. 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.
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.
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 § 145.9
of the Commission’s regulations.6
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 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
6 17

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CFR 145.9.

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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 to reflect the current
number of respondents and estimated
burden hours. The respondent burden
for this collection is estimated to be as
follows:
• OMB Control No. 3038–0068
(Confirmation, Portfolio Reconciliation,
and Portfolio Compression
Requirements for Swap Dealers and
Major Swap Participants).
Number of Registrants: 106.
Estimated Average Burden Hours per
Registrant: 1,282.5.
Estimated Aggregate Burden Hours:
135,945.
Frequency of Recordkeeping: As
applicable.
• OMB Control No. 3038–0083
(Orderly Liquidation Termination
Provision in Swap Trading Relationship
Documentation for Swap Dealers and
Major Swap Participants).
Number of Registrants: 106.
Estimated Average Burden Hours per
Registrant: 270.
Estimated Aggregate Burden Hours:
28,620.
Frequency of Recordkeeping: As
applicable.
• OMB Control No. 3038–0088 (Swap
Trading Relationship Documentation
Requirements for Swap Dealers and
Major Swap Participants).
Number of Registrants: 106.
Estimated Average Burden Hours per
Registrant: 6284.
Estimated Aggregate Burden Hours:
135,945.
Frequency of Recordkeeping: As
applicable.
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: November 20, 2015.
Robert N. Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2015–30048 Filed 11–24–15; 8:45 am]
BILLING CODE 6351–01–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Renew
Collection Number 3038–0078,
Conflicts of Interest Policies and
Procedures by Futures Commission
Merchants and Introducing Brokers
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

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