60-Day Federal Register Notice

60-Day FR Notice for 3038-0094.pdf

Clearing Member Risk Management

60-Day Federal Register Notice

OMB: 3038-0094

Document [pdf]
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56828

Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

• The Agency’s website, at http://
comments.cftc.gov/. Follow the
instructions for submitting comments
through the website.
• Mail: Christopher J. 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:
Melissa Chiang, Assistant General
Counsel, Office of General Counsel,
Commodity Futures Trading
Commission, (202) 418–5578; 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
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: Rules Relating to Review of
National Futures Association Decisions
in Disciplinary, Membership Denial,
Registration, and Member
Responsibility Actions (OMB Control
No. 3038–0043). This is a request for
extension of a currently approved
information collection.
Abstract: 17 CFR part 171 require a
registered futures association to provide
fair and orderly procedures for
membership and disciplinary actions.
The Commission’s review of decisions
of registered futures associations in
disciplinary, membership denial,
registration, and member responsibility
actions is governed by Section 17(h)(2)
of the Commodity Exchange Act, 7
U.S.C. 21(h)(2). The rules establish
procedures and standards for
Commission review of such actions, and
the reporting requirements included in

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the procedural rules are either directly
required by Section 17 of the
Commodity Exchange Act or are
necessary to the type of appellate review
role Congress intended the Commission
to undertake when it adopted that
provision. 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.
The OMB control numbers for the
CFTC’s regulations were published on
December 30, 1981. See 46 FR 63035
(Dec. 30, 1981).
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.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
1 17

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CFR 145.9.

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applicable laws, and may be accessible
under the Freedom of Information Act.
Burden Statement: The respondent
burden for this collection is estimated to
average 1 hour per response. This
estimate includes the time needed to
transmit decisions of disciplinary,
membership denial, registration, and
member responsibility actions to the
Commission for review. The total
estimated burden of 3 hours is
determined by the following:
Respondents/Affected Entities:
Individuals or entities filing appeals
from disciplinary and membership
decisions by National Futures
Association.
Estimated number of respondents per
year: 1.
Estimated number of responses: 3.
Estimated total annual burden on
respondents: 3 hours (1 hour/each
response × 3).
Frequency of collection: On occasion.
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: November 8, 2018.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2018–24770 Filed 11–13–18; 8:45 am]
BILLING CODE 6351–01–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Extend
Collection 3038–0094; Clearing
Member Risk Management
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

The Commodity Futures
Trading Commission (CFTC) 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 and
to allow 60 days for public comment.
This notice solicits comments on the
obligation to maintain records related to
clearing documentation between the
customer and the customer’s clearing
member.

SUMMARY:

Comments must be submitted on
or before January 14, 2019.
ADDRESSES: You may submit comments,
identified by OMB Control No. 3038–
0094, by any of the following methods:
DATES:

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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
• 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:
Jocelyn Partridge, Special Counsel,
Division of Clearing and Risk,
Commodity Futures Trading
Commission, (202) 418–5926; 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
before submitting the collection to OMB
for approval. To comply with this
requirement, the CFTC is publishing
notice for the extension of the collection
of information listed below. 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.
Title: Clearing Member Risk
Management (OMB Control No. 3038–
0094). This is a request for extension of
a currently approved information
collection.
Abstract: Section 3(b) of the
Commodity Exchange Act (‘‘Act’’ or
‘‘CEA’’) provides that one of the
purposes of the Act is to ensure the
financial integrity of all transactions
subject to the Act and to avoid systemic
risk. Section 8a(5) authorizes the
Commission to promulgate such
regulations that it believes are
reasonably necessary to effectuate any of
the provisions or to accomplish any of
the purposes of the Act. Risk

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management systems are critical to the
avoidance of systemic risks.
Section 4s(j)(2) requires each Swap
Dealer (‘‘SD’’) and Major Swap
Participant (‘‘MSP’’) to have risk
management systems adequate for
managing its business. Section 4s(j)(4)
requires each SD and MSP to have
internal systems and procedures to
perform any of the functions set forth in
Section 4s.
Section 4d requires FCMs to register
with the Commodity Futures Trading
Commission (‘‘Commission’’). It further
requires Futures Commission Merchants
(‘‘FCMs’’) to segregate customer funds.
Section 4f requires FCMs to maintain
certain levels of capital. Section 4g
establishes reporting and recordkeeping
requirements for FCMs.
Pursuant to these provisions, the
Commission adopted § 1.73 which
applies to clearing members that are
FCMs and § 23.609 which applies to
clearing members that are SDs or MSPs.
These provisions require these clearing
members to have procedures to limit the
financial risks they incur as a result of
clearing trades and liquid resources to
meet the obligations that arise. The
regulations require clearing members to:
(1) Establish credit and market riskbased limits based on position size,
order size, margin requirements, or
similar factors; (2) use automated means
to screen orders for compliance with the
risk-based limits; (3) monitor for
adherence to the risk-based limits intraday and overnight; (4) conduct stress
tests of all positions in the proprietary
account and all positions in any
customer account that could pose
material risk to the futures commission
merchant at least once per week; (5)
evaluate its ability to meet initial margin
requirements at least once per week; (6)
evaluate its ability to meet variation
margin requirements in cash at least
once per week; (7) evaluate its ability to
liquidate the positions it clears in an
orderly manner, and estimate the cost of
the liquidation at least once per month;
and (8) test all lines of credit at least
once per quarter.
Each of these items has been observed
by Commission staff as an element of an
existing sound risk management
program at an SD, MSP, or FCM. The
Commission regulations require each
clearing member to establish written
procedures to comply with this
regulation and to keep records
documenting its compliance. The
information collection obligations
imposed by the regulations are
necessary to implement certain
provisions of the CEA, including
ensuring that registrants exercise
effective risk management and for the

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56829

efficient operation of trading venues
among SDs, MSPs, and FCMs. 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.1
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.2
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 respondent
burden for this collection is estimated to
average 2 hours per response for an
estimated annual burden of 504 hours
per respondent. This estimate includes
the total time, effort, or financial
resources expended by persons to
generate, maintain, retain, disclose, or
1 The OMB control numbers for the CFTC’s
regulations were published on December 30, 1981.
See 46 FR 63035 (Dec. 30, 1981).
2 17 CFR 145.9.

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56830

Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

provide information to or for a federal
agency.
Respondents/Affected Entities:
Clearing member Swap Dealers, Major
Swap Participants, and Futures
Commission Merchants.
Estimated Number of Respondents:
166 (101 Clearing Member Swap Dealers
and 65 Clearing Member Futures
Commission Merchants).
Estimated Average Burden Hours per
Respondent: 504.
Estimated Total Annual Burden
Hours: 83,664 hours.
Frequency of Collection: As needed.
There are no capital costs or operating
and maintenance costs associated with
this collection.
Authority: 44 U.S.C. 3501 et seq.

[FR Doc. 2018–24761 Filed 11–13–18; 8:45 am]
BILLING CODE 6351–01–P

DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DOD–2018–OS–0090]

Proposed Collection; Comment
Request
Office of the General Counsel/
Defense Legal Services Agency, DoD.
ACTION: Information collection notice.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995, the
Department of Defense, Office of the
General Counsel/Defense Legal Services
Agency announces a proposed public
information collection and seeks public
comment on the provisions thereof.
Comments are invited on: Whether the
proposed collection of information is
necessary for the proper performance of
the functions of the agency, including
whether the information shall have
practical utility; the accuracy of the
agency’s estimate of the burden of the
proposed information collection; ways
to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the information collection on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
DATES: Consideration will be given to all
comments received by January 14, 2019.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods:
Federal e-Rulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.

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with applicable Federal conflict of
interest laws and regulations.

To
request more information on this
proposed information collection or to
obtain a copy of the proposal and
associated collection instruments,
please write to the Department of
Defense, Office of the General Counsel/
Defense Legal Services Agency, 1600
Defense Pentagon, ATTN: Standard of
Conduct Office, Washington, DC, or
email: [email protected]. Call +1
(703) 571–9446.
SUPPLEMENTARY INFORMATION:
Title; Associated Form; and OMB
Number: Office of the Secretary of
Defense Confidential Conflict-of-Interest
Statement for Office of the Secretary of
Defense Advisory Committee Members;
SD Form 830; OMB Control Number
0704–0551.
Needs and Uses: The information
requested on this form is required by
Title I of the Ethics in Government Act
of 1978 (5 U.S.C. App.), Executive Order
12674, and 5 CFR part 2634, subpart I,
of the Office of Government Ethics
regulations. The requested information
is necessary to prevent conflicts of
interest and to identify potential
conflicts of individuals serving on
certain Office of the Secretary of
Defense (OSD) Advisory Committees.
Affected Public: Individuals or
households.
Annual Burden Hours: 125.
Number of Respondents: 125.
Responses per Respondent: 1.
Annual Responses: 125.
Average Burden per Response: 1 hour.
Frequency: Annually.
Respondents are members of or
potential members of Office of the
Secretary of Defense Advisory
Committees. SD Form 830 will assist in
identifying potential conflicts of interest
due to personal financial interests or
affiliations. The collection of requested
information will satisfy a Federal
regulatory requirement and assist the
Department of Defense in complying

AGENCY:

FOR FURTHER INFORMATION CONTACT:

Dated: November 8, 2018.
Robert Sidman,
Deputy Secretary of the Commission.

SUMMARY:

Mail: Department of Defense, Office of
the Chief Management Officer,
Directorate for Oversight and
Compliance, 4800 Mark Center Drive,
Mailbox #24, Suite 08D09, Alexandria,
VA 22350–1700.
Instructions: All submissions received
must include the agency name, docket
number, and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the internet at http://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.

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Dated: November 7, 2018.
Aaron T. Siegel,
Alternate OSD Federal Register, Liaison
Officer, Department of Defense.
[FR Doc. 2018–24744 Filed 11–13–18; 8:45 am]
BILLING CODE 5001–06–P

DEPARTMENT OF DEFENSE
Office of the Secretary
Administrative Suspension of
Department of Defense Federal
Advisory Committee
Department of Defense.

Administrative suspension of
Federal Advisory Committee.

ACTION:

The Department of Defense
(DoD) is publishing this notice to
announce that it is administratively
suspending the charter for the Lake
Eufaula Advisory Committee (‘‘the
Committee’’).

SUMMARY:

Jim
Freeman, Advisory Committee
Management Officer for the Department
of Defense, 703–692–5952.

FOR FURTHER INFORMATION CONTACT:

The DoD,
pursuant to section 3133(b)(1) of the
Water Resources Development Act of
2007 (‘‘the 2007 WRDA’’) (Pub. L. 110–
114) and in accordance with the Federal
Advisory Committee Act (5 U.S.C.,
Appendix), established the Committee
on August 28, 2015. After careful
consideration, the DoD has determined
that the Committee’s stated objectives
have been accomplished and, therefore,
the DoD is administratively suspending
the Committee pending rescission of
section 3133(b) of the 2007 WRDA.
Information concerning the Committee,
to include contact information for the
Committee’s Designated Federal Officer,
can be found at https://gsageo.
force.com/FACA/FACAPublicPage.

SUPPLEMENTARY INFORMATION:

Dated: November 7, 2018.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2018–24742 Filed 11–13–18; 8:45 am]
BILLING CODE 5001–06–P

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