30 Day Notice

30-day Notice 3038-0075.pdf

Protection of Collateral of Counterparties to Uncleared Swaps; Treatment of Securities in a Portfolio Margining Account in a Commodity Broker Bankruptcy

30 Day Notice

OMB: 3038-0075

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Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices

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Permit Application Received
Permit 20571
The Service has applied for an
enhancement permit under section
10(a)(1)(A) of the ESA for a period of
five years that would allow take of
multiple life stages of CV spring-run
Chinook salmon and CCV steelhead.
Hatchery activities included in the
permit application would result in take
of CV spring-run Chinook salmon only.
Hatchery activities would be permitted
pursuant to the draft final HGMP, which
is attached to the permit application.
Monitoring and in-river research
activities, also included in the
application, could result in take of both
CV spring-run Chinook salmon and CCV
steelhead.
The activities would occur under the
auspices of the SJRRP and are related to
the reintroduction of salmonids to the
San Joaquin River (SJR). This Service
has previously conducted
reintroduction activities under
10(a)(1)(A) permits 14868 and 17781.
Permit 14868, issued October 11, 2012,
authorized collection of broodstock
from Feather River Hatchery (FRFH) for
the Interim Salmon Conservation and
Research Facility (Interim Facility) and
Salmon Conservation and Research
Facility (SCARF), which is currently
under construction. Permit 17781,
issued March 21, 2014, authorized
collections from FRFH for direct
translocation to the SJR, the release of
broodstock offspring and ancillary
broodstock to the SJR, trap and haul of
returning adults, and population
monitoring activities. The Service is
proposing to continue with previously
authorized work in addition to some
new activities to further reintroduction
efforts.
Under the application for Permit
20571, proposed take activities for CV
spring-Run Chinook salmon include: (1)
Broodstock collection, (2) broodstock
rearing and spawning, (3) broodstock
offspring (hatchery origin) and ancillary
broodstock releases, (4) release of
translocated hatchery origin juveniles,
and (5) trap and haul of juveniles and
returning adults. Activities also include
restoration area monitoring and in-river
research, which could involve take of
both CV spring-run Chinook salmon and
CCV steelhead.
Broodstock collections, as with all
hatchery activities, would occur
pursuant to the attached HGMP, and
include potential collections from Butte
Creek (juvenile life stage), FRFH
(juvenile and/or egg life stage), or/and
the SJR (adult, juvenile, and/or egg life
stage). The purpose of collecting
individuals from Butte Creek is to help

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to create an SJRRP broodstock, and selfsustaining population, that is a robust
representation of the genetic and
phenotypic diversity of the species. As
described in the HGMP, collection
would be in accordance with the SJRRP
genetic management goal to promote
and protect genetic diversity within the
reestablishing population while
safeguarding against negative genetic
effects to out-of-basin source and nontarget populations. Details for collection
by source and life stage, including
quarantine and pathology testing
protocols, are included in the permit
application. Hatchery-produced fish and
ancillary broodstock may be released at
various life stages based on production
targets, hatchery capacity, river
conditions, and program needs.
Population monitoring and evaluation
may include adult monitoring by video,
acoustic tracking, visual surveys, and
redd and spawning surveys; juvenile
monitoring may consist of various
outmigrant traps, and fry emergence
monitoring. For a more detailed
discussion of the monitoring activities,
please see the permit application
package.
Public Comments Solicited
NMFS invites the public to comment
on the permit application and
associated HGMP during a 30 day
public comment period beginning on
the date of this notice. This notice is
provided pursuant to section 10(c) of
the ESA (16 U.S.C. 1529(c)). All
comments and materials received,
including names and addresses, will
become part of the administrative record
and may be released to the public. We
provide this notice in order to allow the
public, agencies, or other organizations
to review and comment on these
documents.
Next Steps
NMFS will evaluate the applications,
associated documents, and comments
submitted to determine whether the
applications meet the requirements of
section 10(a)(1)(A) of the ESA and
Federal regulations. The final permit
decisions will not be made until after
the end of the 30-day public comment
period and after NMFS has fully
considered all relevant comments
received. NMFS will publish notice of
its final action in the Federal Register.
Dated: July 24, 2017.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2017–15803 Filed 7–26–17; 8:45 am]
BILLING CODE 3510–22–P

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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 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 August 28, 2017.
ADDRESSES: Comments regarding the
burden estimated or any other aspect of
the information collection, including
suggestions for reducing the burden,
may be submitted directly to the Office
of Information and Regulatory Affairs
(‘‘OIRA’’) in OMB, within 30 days of the
notice’s publication, by either of the
following methods. Please identify the
comments by OMB Control No. 3038–
0075.
• By email addressed to:
[email protected]; or
• By mail addressed to: Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Attention: Desk Officer for the
Commodity Futures Trading
Commission, 725 17th Street NW.,
Washington, DC 20503.
A copy of all comments submitted to
OIRA should be sent to the Commodity
Futures Trading Commission (‘‘CFTC’’
or ‘‘Commission’’) by either of the
following methods. The copies should
refer to OMB Control No. 3038–0075.
• By submission through the
Commission’s Web site: http://
comments.cftc.gov. Please follow the
instructions for submitting comments
through the Web site;
• By mail addressed to: Christopher
Kirkpatrick, Secretary of the
Commission, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street NW.,
Washington, DC 20581; or
• By hand delivery/courier to: The
address listed above for submission
mail.
SUMMARY:

FOR FURTHER INFORMATION CONTACT:

Gregory Scopino, Special Counsel, 202–
418–5175, email: [email protected],
CFTC Division of Swap Dealer and
Intermediary Oversight.
SUPPLEMENTARY INFORMATION:

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mstockstill on DSK30JT082PROD with NOTICES

Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices
Supporting statements. A copy of the
supporting statements for the collection
of information discussed herein may be
obtained by visiting http://RegInfo.gov.
Comment instructions. 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 (‘‘FOIA’’), 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, 17 CFR
145.9. 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 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 FOIA.
Title: Protection of Collateral of
Counterparties to Uncleared Swaps;
Treatment of Securities in a Portfolio
Margining Account in a Commodity
Broker Bankruptcy (OMB Control No.
3038–0075). This is a request for an
extension of a currently approved
information collection.
Abstract: On November 6, 2013, the
Commission issued final rules
implementing statutory provisions
pursuant to Title VII of the Dodd-Frank
Wall Street Reform and Consumer
Protection Act (‘‘Dodd-Frank Act’’) and
imposing requirements on swap dealers
(‘‘SD’’) and major swap participants
(‘‘MSP’’) with respect to the treatment of
collateral posted by their counterparties
to margin, guarantee, or secure
uncleared swaps.1 Additionally, the
final rule includes revisions to ensure
that, for purposes of subchapter IV of
chapter 7 of the Bankruptcy Code,
securities held in a portfolio margining
account that is a futures account or a
Cleared Swaps Customer Account
constitute ‘‘customer property’’; and
owners of such accounts constitute
‘‘customers.’’ 2 Section 4s(l) of the
Commodity Exchange Act (‘‘CEA’’) sets
forth certain requirements concerning
the rights of counterparties of SDs and
1 78

FR 66621 (Nov. 6, 2013).

2 Id.

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MSPs with respect to the segregation of
money, securities, or other property
used to margin, guarantee, or otherwise
secure uncleared swaps. Section 23.701
of the Commission’s regulations
implements part of the new statutory
requirements by specifying that certain
information must be provided to
counterparties about the terms and
conditions of segregation, including
price information, to the extent that the
SD or MSP has such information, and
the identity of one or more independent
depositories for segregated collateral.
Section 23.704 implements the
requirements of CEA section 4s(l)(4),
which dictates that, in certain
circumstances, an SD or MSP must
report to the counterparty, on a
quarterly basis, ‘‘that the back office
procedures of the swap dealer or major
swap participant relating to margin and
collateral requirements are in
compliance with the agreement of the
counterparties.’’
As discussed above, the rules
establish reporting and recordkeeping
requirements that are mandated by
section 4s(l) of the CEA, which states
that SDs and MSPs must notify their
counterparties of the right to have their
initial margin segregated and to
maintain the confirmations and
elections related to such notices as
business records. The reporting and
recordkeeping requirements are
necessary to implement the objectives of
section 4s(1). For example, the
information received by uncleared swap
counterparties pursuant to § 23.701 of
the Commission’s regulations would
alert counterparties to their statutory
right, if they so choose, to have funds
or property used as margin in uncleared
swaps transactions with SDs and MSPs
kept segregated from the property of the
SD or MSP. Likewise, the information
provided would further alert
counterparties of the need to request
such segregation if they wish to exercise
this right. Similarly, the information
received by uncleared swap
counterparties pursuant to § 23.704
would be used to confirm that the back
office procedures followed by a SD or
MSP with whom they are dealing
comply with the agreement of the
parties. On May 12, 2017, the
Commission published in the Federal
Register a notice of the proposed
extension of this information collection
and provided 60 days for public
comment on the proposed extension.
See 82 FR 22118 (May 12, 2017). The
Commission received no relevant
comments.
Burden Statement: The Commission
is revising its estimate of the burden for
this collection to reflect the current

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34933

number of registered SDs and MSPs.
Accordingly, the respondent burden for
this collection is estimated to be as
follows:
Number of Registrants: 102.
Estimated Average Burden Hours per
Registrant: 3406.
Estimated Aggregate Burden Hours:
347,412.
Frequency of Recordkeeping: As
applicable.
Authority: 44 U.S.C. 3501 et seq.
Dated: July 24, 2017.
Christopher J. Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2017–15857 Filed 7–26–17; 8:45 am]
BILLING CODE 6351–01–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 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 August 28, 2017.
ADDRESSES: Comments regarding the
burden estimated or any other aspect of
the information collection, including
suggestions for reducing the burden,
may be submitted directly to the Office
of Information and Regulatory Affairs
(‘‘OIRA’’) in OMB, within 30 days of the
notice’s publication, by either of the
following methods. Please identify the
comments by OMB Control No. 3038–
0091.
• By email addressed to:
[email protected]; or
• By mail addressed to: Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Attention: Desk Officer for the
Commodity Futures Trading
Commission, 725 17th Street NW.,
Washington, DC 20503.
A copy of all comments submitted to
OIRA should be sent to the Commodity
Futures Trading Commission (‘‘CFTC’’
or ‘‘Commission’’) by either of the
following methods. The copies should
refer to OMB Control No. 3038–0091.
• By submission through the
Commission’s Web site: http://
SUMMARY:

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