60 Day FRN

60-day Notice 09-2017.pdf

Off-Exchange Foreign Currency Transactions

60 Day FRN

OMB: 3038-0062

Document [pdf]
Download: pdf | pdf
Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices

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Assessment and Fishery Evaluation
document, future meeting planning, and
administrative items. Public comment
may be taken at the discretion of the
CPSMT Chair.
Although non-emergency issues not
contained in the meeting agenda may be
discussed, those issues may not be the
subject of formal action during this
meeting. Action will be restricted to
those issues specifically listed in this
document and any issues arising after
publication of this document that
require emergency action under section
305(c) of the Magnuson-Stevens Fishery
Conservation and Management Act,
provided the public has been notified of
the intent to take final action to address
the emergency.

Comments must be submitted on
or before November 17, 2017.
ADDRESSES: You may submit comments,
identified by ‘‘Off-Exchange Foreign
Currency Transactions,’’ and Collection
Number 3038–0062 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. Please submit your
comments using only one method.
Special Accommodations
• Federal eRulemaking Portal: http://
This meeting is physically accessible
www.regulations.gov/. Follow the
to people with disabilities. Requests for
instructions for submitting comments
sign language interpretation or other
through the Portal.
auxiliary aids should be directed to Mr.
Please submit your comments using
Dale Sweetnam; email: dale.sweetnam@ only one method.
noaa.gov; phone: (858) 546–7170 at least
All comments must be submitted in
10 days prior to the meeting date.
English, or if not, accompanied by an
English translation. Comments will be
Dated: September 13, 2017.
posted as received to http://
Tracey L. Thompson,
www.cftc.gov.
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2017–19746 Filed 9–15–17; 8:45 am]
Lauren Bennett, Special Counsel, 202–
BILLING CODE 3510–22–P
418–5290, [email protected], Division of
Swap Dealer and Intermediary
Oversight, Commodity Futures Trading
Commission.
COMMODITY FUTURES TRADING
COMMISSION
SUPPLEMENTARY INFORMATION: Under the
PRA, Federal agencies must obtain
Agency Information Collection
approval from the Office of Management
Activities: Notice of Intent To Renew
and Budget (OMB) for each collection of
Collection Number 3038–0062, Offinformation they conduct or sponsor.
Exchange Foreign Currency
‘‘Collection of Information’’ is defined
Transactions
in 44 U.S.C. 3502(3) and 5 CFR 1320.3
and includes agency requests or
AGENCY: Commodity Futures Trading
requirements that members of the public
Commission.
submit reports, keep records, or provide
ACTION: Notice.
information to a third party. Section
SUMMARY: The Commodity Futures
3506(c)(2)(A) of the PRA, 44 U.S.C.
Trading Commission (‘‘CFTC’’ or
3506(c)(2)(A), requires Federal agencies
‘‘Commission’’) is announcing an
to provide a 60-day notice in the
opportunity for public comment on the
Federal Register concerning each
proposed renewal of a collection of
proposed collection of information
certain information by the agency.
before submitting the collection to OMB
Under the Paperwork Reduction Act
for approval. To comply with this
(‘‘PRA’’), Federal agencies are required
requirement, the CFTC is publishing
to publish notice in the Federal Register notice of the proposed collection of
concerning each proposed collection of
information listed below. An agency
information, including each proposed
may not conduct or sponsor, and a
extension of an existing collection of
person is not required to respond to, a
information, and to allow 60 days for
collection of information unless it
public comment. This notice solicits
displays a currently valid OMB control
comments on the collections of
number.
Title: Off-Exchange Foreign Currency
information provided for by part 5 of the
Transactions (OMB Control No. 3038–
Commission’s regulations under the
0062). This is a request for an extension
Commodity Exchange Act (‘‘CEA’’)
relating to off-exchange foreign currency of a currently approved information
collection.
transactions.

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Abstract: Part 5 of the Commission’s
regulations under the CEA establishes
rules applicable to retail foreign
exchange dealers (‘‘RFEDs’’), futures
commission merchants (‘‘FCMs’’),
introducing brokers (‘‘IBs’’), commodity
trading advisors (‘‘CTAs’’), and
commodity pool operators (‘‘CPOs’’)
engaged in the offer and sale of offexchange forex contracts to retail
customers. Specifically:
• Regulation 5.5 requires RFEDs,
FCMs, and IBs to distribute risk
disclosure statements to new retail forex
customers.
• Regulation 5.6 requires RFEDs and
FCMs to report any failures to maintain
the minimum capital required by
Commission regulations.
• Regulation 5.8 requires RFEDs and
FCMs to calculate their total retail forex
obligation.
• Regulation 5.10 requires RFEDs to
maintain and preserve certain risk
assessment documentation.
• Regulation 5.11(a)(1) requires
RFEDs to submit certain risk assessment
documentation to the Commission
within 60 days of the effective date of
their registration.
• Regulation 5.11(a)(2) requires
RFEDs to submit certain financial
documentation to the Commission
within 105 calendar days of the end of
each fiscal year. RFEDs must also
submit additional information, if
requested, regarding affiliates’ financial
impact on an RFED’s organizational
structure.
• Regulation 5.12(a) requires RFED
applicants to submit a Form 1–FR–FCM
concurrently with their registration
application.
• Regulation 5.12(b) requires
registered RFEDs to file a Form 1–FR–
FCM on a monthly and annual basis.
• Regulation 5.12(g) states that, in the
event that an RFED cannot file its Form
1–FR–FCM for any period within the
time specified in Regulation 5.12(b), the
RFED may file an application for an
extension of time with its self-regulatory
organization.
• Regulation 5.13(a) requires RFEDs
and FCMs to provide monthly account
statements to their customers.
• Regulation 5.13(b) requires RFEDs
and FCMs to provide confirmation
statements to their customers within
one business day after the execution of
any retail forex or forex option
transaction.
• Regulation 5.14 requires RFEDs and
FCMs to maintain current ledgers of
each transaction affecting its asset,
liability, income, expense and capital
accounts.
• Regulation 5.18(g) requires each
RFED, FCM, CPO, CTA, and IB subject

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Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices

to part 5 to maintain a record of all
communications received that give rise
to possible violations of the Act, rules,
regulations or orders thereunder related
to their retail forex business.
• Regulation 5.18(i) requires each
RFED and FCM to prepare and maintain
on a quarterly basis a calculation of nondiscretionary retail forex customer
accounts open for any period of time
during the quarter that were profitable,
and the percentage of such accounts that
were not profitable.
• Regulation 5.18(j) requires the CCO
of each RFED and FCM to certify
annually that the firm has in place
processes to establish, maintain, review,
modify and test policies and procedures
reasonably designed to achieve
compliance with the Act, rules,
regulations and orders thereunder.
• Regulation 5.19 requires each
RFED, FCM, CPO, CTA, and IB subject
to part 5 to submit to the Commission
copies of any dispositive or partially
dispositive decision for which a notice
of appeal has been filed in any material
legal proceeding (1) to which the firm is
a party to or to which its property or
assets is subject with respect to retail
forex transactions, or (2) instituted
against any person who is a principal of
the firm arising from conduct in such
person’s capacity as a principal of that
firm.
• Regulation 5.20 requires RFEDs,
FCMs and IBs to submit documentation
requested pursuant to certain types of
special calls by the Commission.
• Regulation 5.23 requires RFEDs,
FCMs and IBs to notify the Commission
regarding bulk transfers and bulk
liquidations of customer accounts.
The rules establish reporting and
recordkeeping requirements that are
necessary to implement the provisions
of the Food, Conservation, and Energy
Act of 2008 1 regarding off-exchange
transactions in foreign currency with
members of the public. The rules are
intended to promote customer
protection by providing safeguards
against irresponsible or fraudulent
business practices.2
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
1 Public Law 110–246, 122 Stat. 1651, 2189–220
(2008).
2 See Regulation of Off-Exchange Retail Foreign
Exchange Transactions and Intermediaries, 75 FR
55410, 55416 (Sept. 10, 2010).

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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.3
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 and
revised burden estimates. Accordingly,
the respondent burden for this
collection is estimated to be as follows:
Number of Registrants: 169.
Estimated Average Burden Hours per
Registrant: 777.
Estimated Aggregate Burden Hours:
131,259.
Frequency of Recordkeeping: As
applicable.
Authority: 44 U.S.C. 3501 et seq.
Dated: September 12, 2017.
Robert N. Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2017–19749 Filed 9–15–17; 8:45 am]
BILLING CODE 6351–01–P
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DEPARTMENT OF DEFENSE
Department of the Air Force
Air University Board of Visitors
Meeting
Air University Board of
Visitors, Department of Air Force.
ACTION: Notice of meeting.
AGENCY:

Under the provisions of the Federal
Advisory Committee Act of 1972 (5
U.S.C., Appendix, as amended), the
Government in the Sunshine Act of
1976 (5 U.S.C. 552b, as amended), and
41 CFR 102–3.150, the Department of
Defense announces that the Air
University Board of Visitors’ fall
meeting will take place on Monday, 13
November 2017, from 8:00 a.m. to
approximately 5 p.m. and Tuesday, 14
November, 2017, from 7:30 a.m. to
approximately 3:00 p.m. Central
Standard Time. The meeting will be
held in the Air University Commander’s
Conference Room located in Building
800 at Maxwell Air force Base, AL. The
purpose of this meeting is to provide
independent advice and
recommendations on matters pertaining
to the educational, doctrinal, and
research policies and activities of Air
University.
The agenda will include topics
relating to the policies, programs, and
initiatives of Air University educational
programs and will include an out brief
from the Air Force Institute of
Technology and Community College of
the Air Force Subcommittees.
Pursuant to 5 U.S.C. 552b, as
amended, and 41 CFR 102–3.155 all
sessions of the Air University Board of
Visitors’ meetings’ will be open to the
public. Any member of the public
wishing to provide input to the Air
University Board of Visitors’ should
submit a written statement in
accordance with 41 CFR 102–3.140(c)
and section 10(a)(3) of the Federal
Advisory Committee Act and the
procedures described in this paragraph.
Written statements can be submitted to
the Designated Federal Officer at the
address detailed below at any time.
Statements being submitted in
response to the agenda mentioned in
this notice must be received by the
Designated Federal Officer at the
address listed below at least ten
calendar days prior to the meeting
which is the subject of this notice.
Written statements received after this
date may not be provided to or
considered by the Air University Board
of Visitors until its next meeting. The
Designated Federal Officer will review
all timely submissions with the Air

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