60-Day Federal Register Notice

(2020) 60-Day Notice for 3038-0079 - 7-20-20.pdf

Swap Dealer and Major Swap Participant Conflicts of Interest and Business Conduct Standards with Counterparties

60-Day Federal Register Notice

OMB: 3038-0079

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Federal Register / Vol. 85, No. 139 / Monday, July 20, 2020 / Notices

43821

TABLE 1—ISSUED PERMITS, PERMIT AMENDMENTS, AND PERMIT MODIFICATIONS—Continued
Permit No.

RTID

23283 .............

0648–XR098 .....

NMFS Marine Mammal Laboratory, 7600 Sand Point
Way NE, Building 4, Seattle, WA 98115 (Responsible
Party: John Bengtson, Ph.D.).

In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), a final
determination has been made that the
activities proposed are categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
As required by the ESA, as applicable,
issuance of these permit was based on
a finding that such permits: (1) Were
applied for in good faith; (2) will not
operate to the disadvantage of such
endangered species; and (3) are
consistent with the purposes and
policies set forth in Section 2 of the
ESA.
Authority: The requested permits have
been issued under the MMPA of 1972, as
amended (16 U.S.C. 1361 et seq.), the
regulations governing the taking and
importing of marine mammals (50 CFR part
216), the ESA of 1973, as amended (16 U.S.C.
1531 et seq.), and the regulations governing
the taking, importing, and exporting of
endangered and threatened species (50 CFR
parts 222–226), as applicable.
Dated: July 14, 2020.
Julia Marie Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2020–15560 Filed 7–17–20; 8:45 am]
BILLING CODE 3510–22–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Extend
Collection 3038–0079: Swap Dealer
and Major Swap Participant Conflicts
of Interest and Business Conduct
Standards With Counterparties
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

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

SUMMARY:

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Previous Federal Register
Notice

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information, including proposed
extension of an existing collection of
information, and to allow 60 days for
public comment. This notice solicits
comments on the information
collections included in Subpart H of
Part 23 of the Commission’s regulations
and Commission regulation 23.605,
requiring swap dealers (SDs) and major
swap participants (MSPs) to follow
specified procedures and provide
specified disclosures in their dealings
with counterparties, to adopt and
implement conflicts of interest
procedures and disclosures, and to
maintain specified records related to
those requirements.
DATES: Comments must be submitted on
or before September 18, 2020.
ADDRESSES: You may submit comments,
identified by ‘‘OMB Control No. 3038–
0079,’’ by any of the following methods:
• The Agency’s website, at https://
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
https://www.cftc.gov.
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].
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

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85 FR 11966; February 28,
2020.

Issuance date
June 5, 2020.

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. 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: Swap Dealer and Major Swap
Participant Conflicts of Interest and
Business Conduct Standards with
Counterparties (OMB Control No. 3038–
0079). This is a request for an extension
of a currently approved information
collection.
Abstract: Section 731 of Title VII of
the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Dodd-Frank
Act, Pub L. No. 111–203, 124 Stat. 1376
(2010)) amended the Commodity
Exchange Act (CEA) to add sections
4s(h) and 4s(j)(5) (7 U.S.C. 6s(h) and
(j)(5)) which provide the Commission
with both mandatory and discretionary
rulemaking authority to impose
business conduct requirements on SDs
and MSPs in their dealings with
counterparties, including ‘‘Special
Entities,’’ 1 and require that each SD and
MSP implement conflicts of interest
systems and procedures. Congress
granted the Commission broad
discretionary authority to promulgate
business conduct requirements, as
appropriate in the public interest, for
the protection of investors, or otherwise
in furtherance of the purposes of the
CEA.2
1 Such entities are generally defined to include
Federal agencies, States and political subdivisions,
employee benefit plans as defined under the
Employee Retirement Income Security Act of 1974
(ERISA), governmental plans as defined under
ERISA, and endowments.
2 See CEA Section 4s(h)(3)(D) (Business conduct
requirements adopted by the Commission shall
establish such other standards and requirements as
the Commission may determine are appropriate in
the public interest, for the protection of investors,
or otherwise in furtherance of the purposes of the

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43822

Federal Register / Vol. 85, No. 139 / Monday, July 20, 2020 / Notices

Accordingly, the Commission has
adopted Subpart H of Part 23 of its
regulations (EBCS Rules) and
Commission regulation 23.605,3
requiring swap dealers and major swap
participants to follow specified
procedures and provide specified
disclosures in their dealings with
counterparties, to adopt and implement
conflicts of interest procedures and
disclosures, and to maintain specified
records related to those requirements.
The recordkeeping and third-party
disclosure obligations imposed by the
regulations are essential to ensuring that
swap dealers and major swap
participants develop and maintain
procedures and disclosures required by
the CEA and Commission regulations.4
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
CEA.); see also Sections 4s(h)(1)(D), 4s(h)(5)(B) and
4s(h)(6).
3 17 CFR part 23, subpart H and 17 CFR 23.605.
Subpart H of Part 23 is titled ‘‘Business Conduct
Standards for Swap Dealers and Major Swap
Participants Dealing with Counterparties, Including
Special Entities.’’ Subpart H includes the following
provisions: § 23.400 (Scope); § 23.401 (Definitions);
§ 23.402 (General Provisions); § 23.410 (Prohibition
on fraud, manipulation and other abusive
practices); § 23.430 (Verification of counterparty
eligibility); § 23.431 (Disclosures of material
information); § 23.432 (Clearing disclosures);
§ 23.433 (Communications—fair dealing); § 23.434
(Recommendations to counterparties—institutional
suitability; § 23.440 (Requirements for swap dealers
acting as advisors to Special Entities); § 23.450
(Requirements for swap dealers and major swap
participants acting counterparties to Special
Entities); and § 23.451 (Political contributions by
certain swap dealers). § 23.605 is titled Conflicts of
interest policies and procedures.
4 Reporting under Commission regulation 23.451
(Political contributions by certain swap dealers) is
optional and it is unknown how many registrants,
if any, will engage in such reporting and how much
burden, if any, will be incurred. Nevertheless, the
Commission is providing an estimate of the
regulation’s burden for purposes of the PRA below.

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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.5
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 https://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 based on the current
number of registered SDs.6 The
respondent burden for this collection is
estimated to be as follows:
Estimated Number of Respondents:
107.
Estimated Average Burden Hours per
Respondent: 2,352.9 hours.
Estimated Total Annual Burden
Hours: 251,765 hours.
Frequency of Collection: Ongoing.
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: July 15, 2020.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2020–15604 Filed 7–17–20; 8:45 am]
BILLING CODE 6351–01–P

CFR 145.9.
the change for the renewal is based
solely on the increased number of entities registered
as swap dealers (102 previously and 107 currently),
since the annual total burden hours has remained
the same—at 2,352.9 hours per respondent. And
just as before, there are no entities currently
registered as MSPs.

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6 Specifically,

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CONSUMER PRODUCT SAFETY
COMMISSION
CPSC Micromobility Products Forum
Consumer Product Safety
Commission.
ACTION: Announcement of meeting.
AGENCY:

Consumer Product Safety
Commission (CPSC) staff is holding a
forum on micromobility products (escooters, e-bicycles, and hoverboards).
CPSC staff invites interested parties to
attend or participate in the forum via
webinar.

SUMMARY:

The Micromobility Product
Forum (Forum) will be held from 9 a.m.
to 4 p.m. Eastern Standard Time (EST)
on September 15, 2020, via CPSC
webinar. All attendees should preregister for the webinar. Individuals
interested in serving on panels or
presenting information at the Forum
should register by August 3, 2020. All
other individuals who wish to attend
the Forum should register by August 28,
2020.
ADDRESSES: The Forum will be held via
webinar. Attendance is free of charge.
Persons interested in serving on a panel,
presenting information, or attending the
Forum should register online at: https://
attendee.gotowebinar.com/register/
2064441241545141776 and fill in the
information. After registering, you will
receive a confirmation email containing
information about joining the webinar.
Detailed instructions for the Forum
participants and other interested parties
will be made available on the CPSC
website on the public calendar: https://
cpsc.gov/newsroom/public-calendar.
FOR FURTHER INFORMATION CONTACT:
Lawrence Mella, Directorate for
Engineering Sciences, 5 Research Place,
Rockville, MD 20850; telephone 301–
987–2537; email: [email protected].
SUPPLEMENTARY INFORMATION: CPSC staff
is hosting a Micromobility Products
Forum to collect information on the
product market, hazards, risk, and riskreduction efforts associated with
micromobility products. The
information collected from the Forum
will assist staff in making
recommendations for improving the
safety of these consumer products.
DATES:

I. Background
A. Micromobility Product Descriptions

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