60 Day Notice

(2017) 60 Day FRN - 0091.pd.pdf

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

60 Day Notice

OMB: 3038-0091

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Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices

rule enforcement program during fiscal
years 2013 through 2015 was $293,312.
The fee to be paid by the NFA for the
current fiscal year is $293,312.

II. Schedule of Fees
Fees for the Commission’s review of
the rule enforcement programs at the

registered futures associations and
DCMs regulated by the Commission are
as follows:

3-Year average
actual cost

2016 Fee lesser
of actual or
calculated fee

CBOE Futures .....................................................................................................................
Chicago Board of Trade ......................................................................................................
Chicago Mercantile Exchange .............................................................................................
ELX Futures .........................................................................................................................
ICE Futures U.S ..................................................................................................................
Kansas City Board of Trade ................................................................................................
Minneapolis Grain Exchange ...............................................................................................
NADEX North American ......................................................................................................
New York Mercantile Exchange ..........................................................................................
NYSE LIFFE US ..................................................................................................................
One Chicago ........................................................................................................................

$131,259
79,476
385,923
44,756
182,421
186
138,868
34,077
159,897
8,267
53,362

1.22
30.08
44.03
0.00
10.21
0.06
0.05
0.08
13.84
0.13
0.2795

$73,074
79,476
385,923
22,378
153,429
186
69,741
17,505
159,897
4,909
28,384

Subtotal .........................................................................................................................
National Futures Association ...............................................................................................

1,218,491
293,312

100
........................

994,902
293,312

Total ..............................................................................................................................

1,511,804

........................

1,288,214

III. Payment Method
The Debt Collection Improvement Act
(DCIA) requires deposits of fees owed to
the government by electronic transfer of
funds. See 31 U.S.C. 3720. For
information about electronic payments,
please contact Jennifer Fleming at (202)
418–5034 or [email protected], or see
the CFTC Web site at http://
www.cftc.gov, specifically, http://
www.cftc.gov/cftc/
cftcelectronicpayments.htm.
(Authority: 7 U.S.C. 16a)
Issued in Washington, DC, on April 19,
2017, by the Commission.
Robert N. Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2017–08222 Filed 4–21–17; 8:45 am]
BILLING CODE 6351–01–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Renew
Collection Number 3038–0091,
Disclosure and Retention of Certain
Information Relating to Cleared Swaps
Customer Collateral
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

jstallworth on DSK7TPTVN1PROD with NOTICES

3-Year percent
of volume

The Commodity Futures
Trading Commission (‘‘CFTC’’ or
‘‘Commission’’) 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

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 provided for by the
Commission’s regulations under the
Commodity Exchange Act (‘‘CEA’’)
relating to the protection of customer
collateral held by futures commission
merchants (‘‘FCM’’) and derivatives
clearing organizations (‘‘DCO’’) to serve
as margin in cleared swaps transactions.
DATES: Comments must be submitted on
or before June 23, 2017.
ADDRESSES: You may submit comments,
identified by ‘‘Disclosure and Retention
of Certain Information Relating to
Cleared Swaps Customer Collateral,’’
and Collection Number 3038–0091 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

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English translation. Comments will be
posted as received to http://
www.cftc.gov.
FOR FURTHER INFORMATION CONTACT:

Jacob Chachkin, Special Counsel, 202–
418–5496, email: [email protected]; or
Joshua Beale, Special Counsel, 202–
418–5446, email: [email protected],
Division of Swap Dealer and
Intermediary Oversight, Commodity
Futures Trading Commission.
Under the
PRA,1 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 CFTC is publishing
notice of the proposed collection of
information listed below.
Title: Disclosure and Retention of
Certain Information Relating to Cleared
Swaps Customer Collateral (OMB
Control No. 3038–0091). This is a
request for an extension of a currently
approved information collection.
SUPPLEMENTARY INFORMATION:

1 44

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U.S.C. 3501 et seq.

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Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices
Abstract: Part 22 of the Commission’s
regulations under the CEA establish
rules for the protection of customer
collateral held by FCMs and DCOs to
serve as margin in cleared swaps
transactions. As part of this regulatory
scheme, regulations 22.2(g), 22.5(a),
22.11, 22.12, 22.16, and 22.17 impose
recordkeeping and third-party
disclosure requirements on FCMs and
DCOs. In addition, regulation 22.13(c)(2)
indirectly requires FCMs who post
excess collateral with DCOs to perform
certain computations regarding such
collateral, although it is not expected to
materially affect the total paperwork
burden associated with part 22.
Regulation 22.2(g) requires each FCM
with Cleared Swaps Customer
Accounts 2 to, among other things,
compute daily and report to the
Commission the amount of Cleared
Swaps Customer Collateral 3 on deposit
in such 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. Regulation 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 4 of the
FCM or DCO, and not the FCM, DCO,
or any other person. Regulation 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,5 to
provide the DCO or the Collecting FCM,
as appropriate, with information
sufficient to identify each customer of
the FCM whose swaps are cleared by the
FCM. Regulation 22.11 also requires the
FCM, at least once daily, to provide the
DCO or the Collecting FCM, as
appropriate, with information sufficient
to identify each customer’s portfolio of
rights and obligations arising out of
cleared swaps intermediated by the
FCM. Regulation 22.12 requires that
each Collecting FCM and DCO, on a
daily basis, calculate, based on
information received pursuant to
regulation 22.11 and on information
generated and used in the ordinary
course of business by the Collecting
FCM or DCO, and record certain
information about the amount of
collateral required for each Cleared
Swaps Customer and the sum of these
2 For the definition of Cleared Swaps Customer
Account, see Commission regulation 22.1. 17 CFR
22.1.
3 Id.
4 Id.
5 Id.

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amounts. Regulation 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 default
by a Depositing FCM 6 relating to a
Cleared Swaps Customer Account.
Regulation 22.17 requires that FCM
produce a written notice of the reasons
and the details concerning withdrawals
from 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.
The Commission believes that the
information collection obligations
imposed by Commission regulations
22.2(g), 22.5(a), 22.11, 22.12, 22.16, and
22.17 are essential (i) to ensuring that
FCMs and DCOs develop and maintain
adequate customer protections and
procedures over Cleared Swap Customer
funds as required by the CEA, and
Commission regulations, and (ii) to the
effective evaluation of these registrants’
actual compliance with the CEA and
Commission regulations. 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.
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
6 Id.

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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.7
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
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 affected registrants.
Accordingly, the respondent burden for
this collection is estimated to be as
follows:
Number of Registrants: 68.
Estimated Average Burden Hours per
Registrant: 365.
Estimated Aggregate Burden Hours:
24,820.
Frequency of Recordkeeping: As
applicable.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: April 18, 2017.
Robert N. Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2017–08161 Filed 4–21–17; 8:45 am]
BILLING CODE 6351–01–P

DEPARTMENT OF DEFENSE
Department of the Navy
Notice of Intent To Grant Exclusive
Patent License; Per Vivo Labs, Inc.

Sfmt 4703

Department of the Navy, DoD.
Notice.

AGENCY:
ACTION:

The Department of the Navy
hereby gives notice of its intent to grant
to Per Vivo Labs, Inc., a revocable,
nonassignable, exclusive license to
practice in the field of use of explosive
ordnance detection and disposal in the
United States, the Government-owned
invention described in U.S. Patent
Application No. 14/978,040 entitled
‘‘Mixed Odor Delivery Device (MODD)’’,
Navy Case No. 103,340 and any
continuations, divisionals or re-issues
thereof.

SUMMARY:

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CFR 145.9.

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