60-Day Federal Register Notice

2019-60-Day Notice for 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

Document [pdf]
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Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / Notices
registrants’ actual compliance with the
CEA and Commission regulations.
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
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 registered FCMs and IBs.
Accordingly, the respondent burden for
this collection is estimated to be as
follows:
Estimated Number of Respondents:
1,244.
Estimated Average Burden Hours per
Respondent: 44.5.
Estimated Total Annual Burden
Hours: 55,358.
Frequency of Collection: As
applicable.
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There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: April 3, 2019.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2019–06940 Filed 4–8–19; 8:45 am]
BILLING CODE 6351–01–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’’) is
announcing an opportunity for public
comment on the extension 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 proposed revision of an
existing collection of information, and
to allow 60 days for public comment.
This notice solicits comments on the
obligation of registrants to provide
records related to their minimum
financial requirements.
DATES: Comments must be submitted on
or before June 10, 2019.
ADDRESSES: You may submit comments,
and ‘‘OMB Control No. 3038–0024’’ by
any of the following methods:
• The Agency’s website, at http://
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
http://www.cftc.gov.
FOR FURTHER INFORMATION CONTACT:
Joshua Beale, Associate Director,
Division of Swap Dealer and
Intermediary Oversight, Commodity
SUMMARY:

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Futures Trading Commission, (202)
418–5447; email: [email protected].
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 revision of an
existing collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, the CFTC is publishing
notice for the extension of the collection
listed below.
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.
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

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Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / Notices

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 U.S. 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 initial and
variation margin requirements for swap
dealers (‘‘SDs’’) and major swap
participants (‘‘MSPs’’). In 2016, the
Commission finalized the Margin
Requirements for Uncleared Swaps for
Swap Dealers and Major Swap
Participants rule to implement those
requirements. Specifically, Regulation
23.154(b) require SDs and MSPs that do
not have a prudential regulator
(‘‘Covered Swap Entities’’ or ‘‘CSEs’’)
that are using a model to compute initial
margin requirements to submit the
model for review and approval by the
Commission or a registered futures
association. CSEs must also notify the
Commission upon making certain
changes to the model. The information
required for the prior written approval
of the margin model or for certain
changes to such model, is needed to
demonstrate that the model satisfies all
of the requirements of Regulation
23.154(b).
Separately, in 2013, the Commission
finalized rules in an effort to prevent
unauthorized usage of customer funds
by FCMs and RFEDs. The final rules
include 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 registrants and
updated to reflect more accurate
numbers regarding the number of

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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 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.1
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 Freedom of Information Act.
Burden Statement: The Commission
is revising its estimate of the burden for
this collection for approximately 66
FCMs and RFEDs, 50 CSEs and 1,178
IBs. The respondent burden for this
collection is estimated to be as follows:
Respondents/Affected Entities: FCMs,
RFEDs, IBs, SDs, and MSPs that do not
have a Prudential Regulator.
Estimated Number of Respondents:
1,294.
Estimated Average Burden Hours per
Respondent: 62.
Estimated Total Annual Burden
Hours: 80,837.
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Frequency of Collection: Various. For
example, FCMs have both daily and
monthly financial reporting obligations,
annual certified financial and
compliance report obligations, and
periodic notice requirements.
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: April 3, 2019.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2019–06939 Filed 4–8–19; 8:45 am]
BILLING CODE 6351–01–P

DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DOD–2019–OS–0036]

Privacy Act of 1974; System of
Records
Defense Finance and
Accounting Service, DoD.
ACTION: Rescindment of a system of
records notice.
AGENCY:

The Defense Finance and
Accounting Service is rescinding a
system of records, T7901a, The
Standard Negotiable Instrument
Processing System. This system of
records was designed to process checks
for the U.S. Army Active and Reserve
military members to produce reports for
processing reconciliation checks.
DATES: This action will be effective
April 9, 2019. The specific date for
when this system ceased to be a Privacy
Act System of Records is February 22,
2017.
FOR FURTHER INFORMATION CONTACT: Mr.
Gregory L. Outlaw, DFAS Privacy
Officer, Defense Finance and
Accounting Service, Corporate
Communications Office, FOIA/PA
Adherence Division, 8899 East 56th St.,
Indianapolis, IN 46249–3300, (317) 212–
4591.
SUPPLEMENTARY INFORMATION: The
Standard Negotiable Instrument
Processing System (SNIPS) is no longer
in use and is considered deactivated.
All SNIPS customers successfully
migrated to the system of records,
T7320a, Deployable Disbursing System,
78 FR 14286 (March 5, 2013).
The Defense Finance and Accounting
Service system of records notices
subject to the Privacy Act of 1974 (5
U.S.C. 552a), as amended, have been
published in the Federal Register and
are available from the address in FOR
FURTHER INFORMATION CONTACT or at the
SUMMARY:

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