60-Day Federal Refister Notice for 3038-0078

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

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 respondent
burden for this collection is estimated to
be 0.26 hour per response, on average.
These estimates include the time to
locate the information related to the
exemptions and to file necessary
exemption paperwork. There are
approximately 74,418 responses
annually, thus the estimated total
annual burden on respondents is 19,676
hours.
Respondents/Affected Entities: Large
Traders, Clearing Members, Contract
Markets, and other entities affected by
Commission regulations 16.00 and 17.00
as well as Parts 19 and 21.
Estimated number of respondents:
480.
Estimated total annual burden on
respondents: 19,676 hours.
Frequency of collection: Periodically.
There are no capital costs or operating
and maintenance costs associated with
this collection.

amozie on DSK9F9SC42PROD with NOTICES

(Authority: 44 U.S.C. 3501 et seq.)
Dated: April 3, 2019.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2019–06938 Filed 4–8–19; 8:45 am]
BILLING CODE 6351–01–P
1 17

CFR 145.9.

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COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Renew
Collection Number 3038–0078,
Conflicts of Interest Policies and
Procedures by Futures Commission
Merchants and Introducing Brokers
Commodity Futures Trading
Commission.

AGENCY:
ACTION:

Notice.

The Commodity Futures
Trading Commission (‘‘CFTC’’ or
‘‘Commission’’) is announcing an
opportunity for public comment on the
proposed renewal 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 each proposed
extension of an existing collection of
information, and to allow 60 days for
public comment. This notice solicits
comments on the collections of
information mandated by Commission
regulation 1.71 (Conflicts of interest
policies and procedures by futures
commission merchants and introducing
brokers).

SUMMARY:

Comments must be submitted on
or before June 10, 2019.

DATES:

You may submit comments,
identified by ‘‘Conflicts of Interest
Policies and Procedures by Futures
Commission Merchants and Introducing
Brokers,’’ and OMB Control No. 3038–
0078 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.

ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

Jacob Chachkin, Special Counsel,
Division of Swap Dealer and
Intermediary Oversight, Commodity
Futures Trading Commission, (202)
418–5496; email: [email protected].

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Under the
PRA,1 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 extension of an
existing 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: Conflicts of Interest Policies and
Procedures by Futures Commission
Merchants and Introducing Brokers
(OMB Control No. 3038–0078). This is
a request for an extension of a currently
approved information collection.
Abstract: On April 3, 2012, the
Commission adopted Commission
regulation 1.71 (Conflicts of interest
policies and procedures by futures
commission merchants and introducing
brokers) 2 pursuant to section 4d(c) 3 of
the Commodity Exchange Act (‘‘CEA’’).
Commission regulation 1.71 requires
generally that, among other things,
futures commission merchants
(‘‘FCM’’) 4 and introducing brokers
(‘‘IB’’) 5 develop conflicts of interest
procedures and disclosures, adopt and
implement written policies and
procedures reasonably designed to
ensure compliance with their conflicts
of interest and disclosure obligations,
and maintain specified records related
to those requirements.6 The
Commission believes that the
information collection obligations
imposed by Commission Regulation
1.71 are essential (i) to ensuring that
FCMs and IBs develop and maintain the
conflicts of interest systems, procedures
and disclosures required by the CEA,
and Commission regulations, and (ii) to
the effective evaluation of these
SUPPLEMENTARY INFORMATION:

1 44

U.S.C. 3501 et seq.
CFR 1.71.
3 7 U.S.C. 6d(c).
4 For the definition of FCM, see section 1a(28) of
the CEA and Commission regulation 1.3. 7 U.S.C.
1a(28) and 17 CFR 1.3.
5 For the definition of IB, see section 1a(31) of the
CEA and Commission regulation 1.3. 7 U.S.C.
1a(31) and 17 CFR 1.3.
6 See 17 CFR 1.71.
2 17

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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.
7 17

CFR 145.9.

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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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14099

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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