60-day Notice

Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices

asabaliauskas on DSK3SPTVN1PROD with NOTICES

Agency
NSN(s)—Product Name(s): 1430–01–133–
8435—Bag, Storage
Mandatory Source(s) of Supply: Huntsville
Rehabilitation Foundation, Huntsville,
AL
Contracting Activity: Defense Logistics
Agency Land and Maritime

3038–0023 and 3038–0072; Adoption of
Revised Registration Form 8–R and
Cancellation of Form 3–R,’’ by any of
the following methods:
• The Commission’s Web site, via its
Comments Online process at http://
comments.cftc.gov/. Follow the
instructions for submitting comments
Service
through the Web site.
Service Type: Customization & Distribution
• Mail: Christopher Kirkpatrick,
of NRPM Service Department of the
Secretary of the Commission,
Navy, FISC Norfolk: Detachment 1322
Commodity Futures Trading
Patterson Ave. SE. Washington Navy
Commission, Three Lafayette Centre,
Yard, Washington DC
Mandatory Source(s) of Supply: Industries for 1155 21st Street NW., Washington, DC
20581.
the Blind, Inc., West Allis, WI
• Hand Delivery/Courier: Same as
Contracting Activity: Dept of Defense/
Mail above.
Department of the Navy
• Federal eRulemaking Portal: http://
Amy B. Jensen,
www.regulations.gov/. Follow the
Director, Business Operations.
instructions for submitting comments
[FR Doc. 2017–08613 Filed 4–27–17; 8:45 am]
through the Portal.
BILLING CODE 6353–01–P
Please submit your comments using
only one method.
All comments must be submitted in
English, or if not, accompanied by an
COMMODITY FUTURES TRADING
English translation. Comments will be
COMMISSION
posted as received to http://
Agency Information Collection
www.cftc.gov. You should submit only
Activities: Proposed Collection
information that you wish to make
Revision, Comment Request: Adoption available publicly. If you wish the
of Revised Registration Form 8–R and
Commission to consider information
Cancellation of Form 3–R
that you believe is exempt from
disclosure under the Freedom of
AGENCY: Commodity Futures Trading
Information Act, a petition for
Commission.
confidential treatment of the exempt
ACTION: Notice.
information may be submitted according
to the procedures established in
SUMMARY: The Commodity Futures
Regulation 145.9.1
Trading Commission (‘‘CFTC’’ or the
The Commission reserves the right,
‘‘Commission’’) is announcing an
but shall have no obligation, to review,
opportunity for public comment on the
pre-screen, filter, redact, refuse or
proposed revision to the collection of
certain information by the Commission. remove any or all of your submission
from http://www.cftc.gov that it may
Under the Paperwork Reduction Act
deem to be inappropriate for
(‘‘PRA’’), Federal agencies are required
to publish notice in the Federal Register publication, such as obscene language.
All submissions that have been redacted
concerning each proposed collection of
or removed that contain comments on
information and to allow 60 days for
the merits of the information collection
public comment. The Commission
request will be retained in the public
revised its Form 8–R, the application
comment file and will be considered as
form that individuals use to register
required under the Administrative
with the Commission or to be listed as
Procedure Act and other applicable
a principal. This notice solicits
laws, and may be accessible under the
comments on the PRA implications of
Freedom of Information Act.
the revisions to Form 8–R, including
comments that address the burdens
FOR FURTHER INFORMATION CONTACT:
associated with the modified
Laura Gardy, Associate Director, (202)
information collection requirements of
418–7645, [email protected]; or August A.
the revised Form 8–R. Additionally, this Imholtz III, Special Counsel, (202) 418–
notice also solicits comments on the
5140, [email protected], Division of
PRA implications of reassigning the
Swap Dealer and Intermediary
burdens associated with the information Oversight, Commodity Futures Trading
collections requirements of Commission Commission, 1155 21st Street NW.,
Form 3–R, which is no longer used, to
Washington, DC 20581.
Commission Forms 7–R and 8–R.
SUPPLEMENTARY INFORMATION: Under the
DATES: Comments must be submitted on
PRA, Federal agencies must obtain
or before June 27, 2017.
approval from the Office of Management
ADDRESSES: You may submit comments,
1 17 CFR 145.9.
identified by ‘‘OMB control numbers

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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 revision to the
collections 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 number.
Titles: Registration Under the
Commodity Exchange Act (OMB control
number 3038–0023); Registration of
Swap Dealers and Major Swap
Participants (OMB control number
3038–0072). This is a request for
extension and revision of these
currently approved information
collections.
Abstract: The Commission recently
revised its Form 8–R, the application
form that individuals must use to
register with the Commission as an
associated person, floor broker, or floor
trader, or to be listed as a principal. The
collections of information related to
Form 8–R were previously approved by
OMB in accordance with the PRA and
assigned OMB control numbers 3038–
0023 and 3038–0072. Additionally, the
Commission no longer requires
individuals and entities to use
Commission Form 3–R to update their
registration information, which now can
be updated directly on Forms 7–R or 8–
R. The Commission therefore is
reassigning to Forms 7–R and 8–R the
information collection burdens
previously associated with Commission
Form 3–R. The collection of information
related to Form 3–R was previously
approved by OMB in accordance with
the PRA and assigned OMB control
number 3038–0023.
1. Form 8–R Revision
The revised Form 8–R contains
several changes that increase the
existing information collection burden,
currently 0.8 hours, associated with
Form 8–R. The Commission estimates
that the changes, which are discussed
below, when considered together in
aggregate add a total of 0.1 burden hours
to the information collection burdens
associated with Form 8–R.

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Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices

First, in the ‘‘Fingerprint Card
Information’’ section, revised Form 8–R
adds two new questions. One new
question addresses new requirements
and exemptions thereto contained in
Commission Regulation 3.21(e)
applicable to non-U.S. persons. The
other new question addresses the
fingerprinting requirement exception for
certain outside directors of registered
firms. Second, in the section titled
‘‘Disciplinary Information—Regulatory
Disclosures,’’ a new question was added
to existing Question E. Among other
things, Question E inquires whether the
applicant (or an entity of which the
applicant was a principal) violated, or
aided and abetted the violation of, any
investment-related statutes or
regulations, a potential statutory basis
for refusing or conditioning registration.
The new question directs the applicant
to disclose whether he or she has ever
been found to have ‘‘failed to supervise
another person’s activities under any
investment-related statute or
regulation.’’ Third, in the section titled
‘‘Disciplinary Information—Financial
Disclosures,’’ the Commission revised
Question J. Prior to the revision,
Question J asked whether the applicant
has ‘‘currently failed to comply with
any order to pay any futures-related
civil monetary penalties, restitution
amounts, disgorgement amounts,
reparation amounts or arbitration
awards.’’ As revised, Question J now
inquires whether the applicant ‘‘failed
to pay any arbitration awards involving
CFTC-regulated products, CFTC civil
monetary penalties, CFTC restitution
amounts, CFTC disgorgement amounts,
or CFTC reparation amounts.’’
The revised Form 8–R also contains
several changes that do not alter the
information collection burdens
associated with Form 8–R. First, the
revised Form 8–R combines into a single
form two separate, existing versions of
the Form 8–R, the Form 8–R ‘‘Individual
Application’’ and the Form 8–R ‘‘Floor
Trader Order Enterer Individual
Application,’’ both of which were
previously approved by OMB. In the
section titled ‘‘Sponsor Information and
Registration Categories,’’ the revised
Form 8–R adds ‘‘floor trader order
enterer’’ as a new category of persons
that can be associated with a sponsor.
Also in connection with this change, the
revised Form 8–R includes two newly
defined terms: ‘‘entity floor trader’’ and
‘‘floor trader order enterer.’’ Second, in
the section titled ‘‘Principal
Information,’’ the prior version of Form
8–R contained a blank space in which
an applicant entered a title. In the
revised Form 8–R, the space is replaced

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with a list of available titles for
applicants to choose from. Third, NFA
is simplifying the process by which it
requests supplemental information and
documentation regarding the applicant’s
criminal, regulatory or financial
disclosures. The prior version of Form
8–R requested that applicants provide a
written explanation of the facts and
circumstances regarding any such
disclosures. Applicants were also
separately requested to provide NFA
with copies of pertinent documents
associated with each disclosure. To
consolidate and modernize this process,
the revised Form 8–R allows applicants
to complete a separate ‘‘Disclosure
Matter Page’’ for each matter, instance
or event requiring disclosure and to
simultaneously upload all pertinent
documents associated with each
disclosure. The Disclosure Matter Page
provides applicants with an efficient
and effective method of supplying the
supplemental information and
documentation that NFA requests in the
normal course whenever an applicant
responds affirmatively to any of the
questions regarding criminal, regulatory
or financial disclosures.
Lastly, the revised Form 8–R contains
numerous changes to the language,
formatting and organization of Form 8–
R, all of which—individually and
collectively—do not alter the
information collection burdens
associated with Form 8–R. The only
changes to Form 8–R that affect the
information collection burdens
associated with the form are those
discussed above.
2. Cancellation of Form 3–R
Commission Regulations 3.11 and
3.31 historically required entities and
individuals to use Commission Form 3–
R to update or correct certain types of
information that originally was supplied
on Commission Forms 7–R or 8–R, the
registration forms for entities and
individuals respectively. Regulations
3.11 and 3.31 were amended in 2012 to
reflect a new practice whereby Forms 7–
R and 8–R could be directly updated
online, and the requirement to use Form
3–R for updates, or for any other
purpose, was deleted from the
Commission rules. At that time,
however, the Commission did not
reassign to Forms 7–R and 8–R the
information collection burden
associated with the Form 3–R. The
Commission is doing so now.
The information collection burden
associated with Form 3–R is 0.1 hours.
In reassigning that burden to Forms 7–
R and 8–R, the Commission believes
that it is appropriate to adopt a
conservative approach and assign an

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additional 0.1 hours each to the Form 7–
R and 8–R. Accordingly, by virtue of
cancelling Form 3–R, and reassigning to
Forms 7–R and 8–R the information
collection burdens associated with Form
3–R, the information collections
burdens for Forms 7–R and 8–R each
will increase by 0.1 hours. The
reassignment of the information
collection burden from Form 3–R to
Forms 7–R and 8–R reallocates the
information collection burdens within
OMB control number 3038–0023, and
does not increase or decrease the total
information collection burden under
that control number.
3. Invitation to Comment
With respect to the information
collections discussed above, the CFTC
invites comments on:
• Whether the proposed revision to
the 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
revision to the 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
further use of appropriate automated
electronic, mechanical, or other
technological collection techniques or
other forms of information technology;
e.g., permitting electronic submission of
responses.
Burden Statement: As explained
above, the Commission believes that the
revisions to Form 8–R increase the
information collection burdens
associated with that Form under OMB
control numbers 3038–0023 and 3038–
0072. Additionally, the Commission
believes that reassigning to Forms 7–R
and 8–R the information collection
burdens formerly associated with
Commission Form 3–R reallocates the
information collection burdens within
OMB control number 3038–0023, and
therefore does not increase or decrease
the total information collection burden
under that control number.
The Commission estimates the burden
of this collection of information under
OMB control number 3038–0023 to be:
Respondents/Affected Entities: (1)
Users of Form 7–R, specifically futures
commission merchants, retail foreign
exchange dealers, introducing brokers,
commodity trading advisors, commodity
pool operators, floor trader firms, and

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Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices
leverage transaction merchants; and (2)
users of Form 8–R, specifically (i)
associated persons of futures
commission merchants, retail foreign
exchange dealers, introducing brokers,
commodity trading advisors, commodity
pool operators, and leverage transaction
merchants; floor brokers; (ii) principals
of futures commission merchants, retail
foreign exchange dealers, introducing
brokers, commodity trading advisors,
commodity pool operators, floor trader
firms, or leverage transaction merchants;
(iii) floor brokers; (iv) floor traders; and
(v) floor trader order enterers.
Estimated Number of Respondents:
78,109.
Estimated Total Annual Burden on
Respondents: 7,210 hours.
Frequency of Collection: Periodically.
There are no capital costs or operating
and maintenance costs associated with
this collection.
The Commission estimates the burden
of this collection of information under
OMB control number 3038–0072 to be:
Respondents/Affected Entities: (1)
Users of Form 7–R, specifically swap
dealers and major swap participants;
and (2) users of Form 8–R, specifically
principals of swap dealers and of major
swap participants.
Estimated Number of Respondents:
770.
Estimated Total Annual Burden on
Respondents: 648 hours.
Frequency of Collection: Periodically.
There are no capital costs or operating
and maintenance costs associated with
this collection.
Authority: 44 U.S.C. 3501 et seq.
Dated: April 24, 2017.
Robert N. Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2017–08559 Filed 4–27–17; 8:45 am]
BILLING CODE 6351–01–P

Sunshine Act Meetings
11:00 a.m., Thursday,
May 4, 2017.
PLACE: Three Lafayette Centre, 1155 21st
Street NW., Washington, DC, 9th Floor
Commission Conference Room.
STATUS: Closed.
MATTERS TO BE CONSIDERED:
Surveillance, enforcement, and
examinations matters. In the event that
the time, date, or location of this
meeting changes, an announcement of
the change, along with the new time,
date, and/or place of the meeting will be
posted on the Commission’s Web site at
http://www.cftc.gov.

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Christopher Kirkpatrick, 202–418–5964.
Natise Allen,
Executive Assistant.
[FR Doc. 2017–08684 Filed 4–26–17; 11:15 am]
BILLING CODE 6351–01–P

COMMODITY FUTURES TRADING
COMMISSION
Adoption of Revised Registration Form
8–R
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

The Commodity Futures
Trading Commission (the
‘‘Commission’’ or ‘‘CFTC’’) is revising
its Form 8–R, the application form that
individuals must use to register with the
Commission as an associated person of
a registrant, floor broker, or floor trader,
or to be listed as a principal of a
registrant (collectively, ‘‘applicants’’).
DATES: Effective Date: The new, revised
version of Form 8–R shall be effective
(and the prior version shall cease to be
effective) when the National Futures
Association (‘‘NFA’’) makes the new,
revised version of the Form 8–R
available on the NFA Web site for use
by individual applicants.
FOR FURTHER INFORMATION CONTACT: Erik
F. Remmler, Deputy Director, (202) 418–
7630, [email protected]; Laura Gardy,
Associate Director, (202) 418–7645,
[email protected]; or August A. Imholtz
III, Special Counsel, (202) 418–5140,
[email protected], Division of Swap
Dealer and Intermediary Oversight,
Commodity Futures Trading
Commission, 1155 21st Street NW.,
Washington, DC 20581.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Background

COMMODITY FUTURES TRADING
COMMISSION

TIME AND DATE:

CONTACT PERSON FOR MORE INFORMATION:

Individuals acting in certain
capacities in the markets regulated by
the Commission must file a completed
Form 8–R with NFA.1 These applicants
include: Associated persons of futures
commission merchants, retail foreign
exchange dealers, introducing brokers,
commodity trading advisors, commodity
pool operators, and leverage transaction
merchants; floor brokers; and floor
traders.2 Additionally, any individual
acting in the capacity as principal of a
futures commission merchant, retail
foreign exchange dealer, introducing
broker, commodity trading advisor,
commodity pool operator, swap dealer,
1 17
2 17

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CFR 3.11(a); 3.12(c).

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major swap participant, floor trader or
leverage transaction merchant also must
file a completed Form 8–R.3 Lastly,
individuals that enter orders for floor
trader firms must file the Form 8–R as
well.4 Individual applicants have been
required to use Form 8–R since 1977.5
Form 8–R requests information about
the applicant that can be used to assess
the applicant’s fitness to engage in
business as a derivatives professional.
Form 8–R is a Commission form
maintained and used primarily by the
NFA. NFA is currently the only
registered futures association authorized
by the Commission in accordance with
Section 17 of the Commodity Exchange
Act (‘‘Act’’).6 Pursuant to Section 17(o)
of the Act,7 Regulation 3.2,8 and a series
of orders, the Commission delegated to
NFA certain registration functions
including, among other things, the
processing of all Form 8–R filings.9
Since the first delegation to NFA in
1984, NFA has developed substantial
expertise in registration matters,
including reviewing and processing
completed Forms 8–R. In 2002, with the
approval of the Commission, NFA
transitioned from a paper-based
registration system to an online
registration system that utilizes, among
other things, an electronic version of
Form 8–R.10
3 17 CFR 3.1(a); 3.10(a)(2); 3.11(a)(1). While
‘‘principal’’ is not technically a registration class
and principals do not apply for registration, for
purposes of this Notice, the Form 8–R filings by
principals will be referred to with the other Form
8–R filings as ‘‘registration applications.’’
4 17 CFR 3.11(a)(1).
5 Revision of Registration Forms and Amendment
of Related Rules, 42 FR 23988 (May 11, 1977) (Form
8–R replaced Forms 2–R, 4–R and 94).
6 7 U.S.C. 21 (2012).
7 7 U.S.C. 21(o) (2012).
8 17 CFR 3.2.
9 See, e.g., Introducing Brokers and Associated
Persons of Introducing Brokers; Authorization of
National Futures Association to Perform
Commission Registration Functions, 48 FR 35158
(Aug. 3, 1983); Performance of Registration
Functions by National Futures Association, 49 FR
39593 (Oct. 9, 1984) (futures commission
merchants, commodity pool operators, commodity
trading advisors, and associated persons thereof);
Performance of Registration Functions by National
Futures Association; Delegation of Authority, 51 FR
34490 (Sept. 29, 1986) (floor brokers); Performance
of Registration Functions by National Futures
Association with Respect to Floor Traders and Floor
Brokers, 58 FR 19657 (Apr. 15, 1993); and
Performance of Registration Functions by National
Futures Association with Respect to Swap Dealers
and Major Swap Participants, 77 FR 2708 (Jan. 19,
2012).
10 Registration of Intermediaries, 67 FR 38869
(June 6, 2002). The transition to an online
registration system has permitted greater
efficiencies, including allowing individuals to
update their existing Forms 8–R instead of
completing a separate Form 3–R. To that end, in
2012, the Commission eliminated the requirement
that registrants and individuals use Form 3–R to

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