60-Day Federal Register Notice

(2022) 60-Day FR Notice - 3038-0052.pdf

Core Principles & Other Requirements for DCMs

60-Day Federal Register Notice

OMB: 3038-0052

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Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Notices

the source to make a correction to the
record. As stated above, this will allow
applicants to gain confidence in the
reliability and accuracy of the USPTO
system when filing applications in
DOCX format, and safeguard the
applicant should any conversion
discrepancies have taken place.
The applicant-generated PDF that
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unless a petition is filed requesting the
USPTO to correct the record in view of
the applicant-generated PDF. In the
absence of such a petition, the USPTO
will dispose of the applicant-generated
PDF, and all copies thereof, after a
retention period of at least three years
after the patent grant or abandonment of
the application.
Applicants are strongly encouraged to
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USPTO-generated PDF, shortly after
filing the application to identify any
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discussed above. The applicant should
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promptly after discovering any errors or
discrepancies.
As an alternative to filing a petition,
applicants may be able to correct
discrepancies resulting from filing an
application in DOCX format by relying
on a proper priority or benefit claim. A
proper priority or benefit claim under
37 CFR 1.55 or 37 CFR 1.78 to a priorfiled application that is present on the
filing date of the application is
considered an incorporation by
reference of the prior-filed application
as to any inadvertently omitted portion
of the specification or drawing(s),
subject to the conditions and
requirements of 37 CFR 1.57(b).
Therefore, in some instances,
discrepancies resulting from filing an
application in DOCX format may be
addressed by amending portions of the
specification pursuant to the
incorporation by reference provisions of
37 CFR 1.57(b), in lieu of a petition. The
amendment should be identified as an
amendment under 37 CFR 1.57(b), and
it must comply with 37 CFR 1.57(b) and
37 CFR 1.121.
The USPTO continues to host training
sessions on filing documents in DOCX.
Information on filing application
documents in DOCX, as well as
information on how to submit an
applicant-generated PDF and a link to

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the DOCX training sessions, is available
at www.uspto.gov/patents/docx.
Kathi Vidal,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2022–09027 Filed 4–27–22; 8:45 am]
BILLING CODE 3510–16–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Extend
Collection 3038–0052: Core Principles
& Other Requirements for DCMs
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

The Commodity Futures
Trading Commission (‘‘Commission’’ or
‘‘CFTC’’) 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 reporting requirements
relating to collections of information
related to designated contract markets
(‘‘DCMs’’) under the Commission’s
regulations.
DATES: Comments must be submitted on
or before June 27, 2022.
ADDRESSES: You may submit comments,
identified by ‘‘OMB Control No. 3038–
0052’’ 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:
Roger Smith, Associate Chief Counsel,
Division of Market Oversight,
Commodity Futures Trading
SUMMARY:

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Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581; 202–418–5344; email: rsmith@
cftc.gov.
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 extension of an
existing collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, the Commission is
publishing notice of the proposed
extension of the existing 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.1
Title: Core Principles & Other
Requirements for DCMs (OMB Control
No. 3038–0052). This is a request for a
revision and extension of a currently
approved information collection.
Abstract: The regulations governing
designated contract markets (‘‘DCMs’’)
originally were adopted pursuant to the
Commodity Futures Modernization Act
of 2000, which amended section 5 of the
Commodity Exchange Act (‘‘CEA’’) to
impose requirements concerning the
registration 2 and operation of DCMs.3
The DCM statutory framework
subsequently was revised as a result of
further amendments to the CEA under
Title VII of the Dodd-Frank Wall Street
Reform and Consumer Protection Act
(‘‘Dodd-Frank Act’’).4 Part 38 of the
Commission’s regulations governs the
activities of DCMs. The information
collected pursuant to Part 38 is
SUPPLEMENTARY INFORMATION:

1 The OMB control numbers for the CFTC
regulations were published on December 30, 1981.
See 46 FR 63035 (Dec. 30, 1981).
2 The Commission notes that the terms
‘‘registered’’ and ‘‘designated’’ are used
interchangeably and mean the same thing.
3 7 U.S.C. 1 et seq.
4 See Dodd-Frank Wall Street Reform and
Consumer Protection Act, Public Law 111–203, tit.
VII, 124 Stat. 1376 (2010) (codified as amended in
various sections of 7 U.S.C.), available at https://
www.cftc.gov/sites/default/files/idc/groups/public/
@lrfederalregister/documents/file/2013-12242a.pdf.

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necessary for the Commission to
evaluate whether entities operating as,
or applying to become, DCMs comply
with the Part 38 and other Commission
requirements and the CEA’s statutory
requirements.
Collection 3038–0052 was created in
response to the Part 38 regulatory
requirements for DCMs. In general,
OMB Control Number 3038–0052 covers
all information collections in Part 38,
including Subpart A and the DCM core
principles (i.e., Subparts B through X) as
well as the related appendices thereto
(i.e., Appendix A—Form DCM;
Appendix B—Guidance on, and
Acceptable Practices in, Compliance
with Core Principles; and Appendix C—
Demonstration of Compliance That a
Contract Is Not Readily Susceptible to
Manipulation). Further, this OMB
control number, 3038–0052, also
includes all information collections
related to Part 9 (‘‘Rules Relating to
Review of Exchange Disciplinary,
Access Denial or Other Adverse
Actions’’) to the extent Part 9 is
applicable to DCMs.5 This collection
also includes the requirements under
regulation 38.251(g) in connection with
the reporting of specific market
disruption events to the Commission.
This OMB control number, 3038–
0052, also includes collections under
regulation 1.52 regarding the Enhanced
Protections Afforded Customer and
Customer Funds Held by Futures
Clearing Merchants and Derivatives
Clearing Organizations. Commission
regulation 1.52 imposes information
collection burdens on DCMs.6
Additionally, this OMB control
number, 3038–0052, also includes
collections under regulation 38.1051(n)
that relate to system safeguards and
cybersecurity testing requirements and
requires DCMs to provide the
Commission with annual trading
volume information.
For the majority of collections under
OMB control number 3038–0052, the
Commission notes that the number of
registered, active DCMs has increased
from 14 to 16. This increase in the
5 Section 38.707 specifically references Part 9.
Accordingly, the Commission’s previous
information collection estimates under Part 38 have
included compliance with Part 9 to the extent
applicable to DCMs. The Commission is referencing
DCMs’ compliance obligations with Part 9 for the
sake of clarity, but this does not represent a new
or modified information collection.
6 The Commission notes that § 38.605
incorporates and references § 1.52. Accordingly, the
Commission’s previous information collection
estimates under Part 38 have included compliance
with § 1.52 to the extent applicable to DCMs. The
Commission is referencing DCMs’ compliance
obligations with § 1.52 for the sake of clarity, but
this does not represent a new or modified
information collection.

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number of registered DCMs will
increase the total information collection
burdens for OMB control number 3038–
0052 as shown below.7
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 for 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.8
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 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 respondents and estimated
burden hours. The respondent burden
7 For the collections related to Commission
regulation 38.251(g), the Commission notes that the
number of registered, active DCMs has decreased
from 17 to 16. This decrease is reflected below for
collections related to Commission regulation
38.251(g). However, despite this decrease, the total
information collection burdens for OMB control
number 3038–0052 will increase.
8 17 CFR 145.9.

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for this collection is estimated to be as
follows:
• Regulatory & Core Principle
Compliance Part 38 (Subparts A–W) and
related Appendices:
Estimated Number of Respondents:
16.
Estimated Average Burden Hours per
Respondent: 330.
Estimated Total Annual Burden
Hours: 5,280.
Frequency of Collection: Per Trading
Day.
• § 1.52 (Examination Program and
Audit of Program):
Estimated Number of Respondents:
16.
Estimated Average Burden Hours per
Respondent: 49.
Estimated Total Annual Burden
Hours: 784.
Frequency of Collection: Annually.
• Core Principle 16 ‘‘Conflicts of
Interest’’ and Related Acceptable
Practices (Annual Assessment Report):
Estimated Number of Respondents:
16.
Estimated Average Burden Hours per
Respondent: 70.
Estimated Total Annual Burden
Hours: 1,120.
Frequency of Collection: Annually.
• § 38.1101 et al. (Quarterly Financial
Reports):
Estimated Number of Respondents:
16.
Estimated Average Burden Hours per
Respondent: 40.
Estimated Total Annual Burden
Hours: 640.
Frequency of Collection: Quarterly.
• § 38.1051(n) (Required Production
of Annual Trading Volume):
Estimated Number of Respondents:
16.
Estimated Average Burden Hours per
Respondent: 0.5.
Estimated Total Annual Burden
Hours: 8.
Frequency of Collection: Annually.
• § 38.3 and Form DCM (DCM
Registration):
Estimated Number of Respondents: 4.
Estimated Average Burden Hours per
Respondent: 300.
Estimated Total Annual Burden
Hours: 1,200 hours.
Frequency of Collection: As
applicable.
• § 38.251(g) (Required Market
Disruptions Notifications):
Estimated Number of Respondents:
16.
Estimated Average Burden Hours per
Respondent: 66.4 hours.
Estimated Total Annual Burden
Hours: 1,062.4 hours.
Frequency of Collection: As needed.
• §§ 38.950 and 38.951
(Recordkeeping Related to Compliance
with 38.251(g)):

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Estimated Number of Respondents:
16.
Estimated Average Burden Hours per
Respondent: 25 hours.
Estimated Total Annual Burden
Hours: 400 hours.
Frequency of Collection: As needed.
• Total Annual Burden for the
Collection: 10,494.4 hours.
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: April 22, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022–09014 Filed 4–27–22; 8:45 am]
BILLING CODE 6351–01–P

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[Docket Number DARS–2022–0010; OMB
Control Number 0704–0574]

Information Collection Requirements;
Defense Federal Acquisition
Regulation Supplement; DFARS Part
215, Only One Offer and Related
Clauses in DFARS 252
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Notice and request for
comments regarding a proposed
extension of an approved information
collection requirement.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995, DoD
announces the proposed extension of a
public information collection
requirement and seeks public comment
on the provisions thereof. DoD invites
comments on: Whether the proposed
collection of information is necessary
for the proper performance of the
functions of DoD, including whether the
information will have practical utility;
the accuracy of the 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 the use of
automated collection techniques or
other forms of information technology.
The Office of Management and Budget
(OMB) has approved this information
collection for use through August 31,
2022. DoD proposes that OMB extend its
approval for use for three additional
years beyond the current expiration
date.

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SUMMARY:

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DoD will consider all comments
received by June 27, 2022.
ADDRESSES: You may submit comments,
identified by OMB Control Number
0704–0574, using any of the following
methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Æ Email: [email protected]. Include
OMB Control Number 0704–0574 in the
subject line of the message.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
David E. Johnson, telephone 202–913–
5764.
SUPPLEMENTARY INFORMATION:
Title and OMB Number: Defense
Federal Acquisition Regulation
Supplement (DFARS) Part 215; Only
One Offer and Related Clauses in
DFARS 252; OMB Control Number
0704–0574.
Affected Public: Businesses or other
for-profit and not-for-profit institutions.
Respondent’s Obligation: Required to
obtain or retain benefits.
Type of Request: Extension of a
currently approved collection.
Frequency: On occasion.
Number of Respondents: 2,691.
Responses per Respondent: 1.33,
approximately.
Annual Responses: 3,593.
Average Burden per Response: 37.7
hours, approximately.
Annual Burden Hours: 135,330.
Reporting Frequency: On Occasion.
Needs and Uses: This information
collection pertains to information that
an offeror or contractor must submit to
DoD if only one offer was received in
response to a competitive solicitation,
and the contracting officer must request
certified cost or pricing data, to meet the
standard for adequate price competition
that is applicable to DoD. The
Government requires this information in
order to determine whether an offered
price is fair and reasonable and to meet
the statutory requirement for certified
cost or pricing data. The contracting
officer obtains this information through
use of DFARS solicitation provisions
252.215–7008, Only One Offer, and
DFARS 252.215–7010, Requirements for
Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing
Data. These provisions implement 10
U.S.C. 2306a.
DATES:

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
[FR Doc. 2022–09039 Filed 4–27–22; 8:45 am]
BILLING CODE 5001–06–P

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DEPARTMENT OF EDUCATION
[Docket No.: ED–2022–SCC–0025]

Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Comment Request; Carl
D. Perkins Career and Technical
Education Act State Plan
Office of Career, Technical, and
Adult Education (OCTAE), Department
of Education (ED).
ACTION: Notice.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, ED is
proposing a revision of a currently
approved collection.
DATES: Interested persons are invited to
submit comments on or before May 31,
2022.
ADDRESSES: Written comments and
recommendations for proposed
information collection requests should
be sent within 30 days of publication of
this notice to www.reginfo.gov/public/
do/PRAMain. Find this information
collection request by selecting
‘‘Department of Education’’ under
‘‘Currently Under Review,’’ then check
‘‘Only Show ICR for Public Comment’’
checkbox. Comments may also be sent
to [email protected].
FOR FURTHER INFORMATION CONTACT: For
specific questions related to collection
activities, please contact Corinne Sauri,
202–245–6412.
SUPPLEMENTARY INFORMATION: The
Department of Education (ED), in
accordance with the Paperwork
Reduction Act of 1995 (PRA) (44 U.S.C.
3506(c)(2)(A)), provides the general
public and Federal agencies with an
opportunity to comment on proposed,
revised, and continuing collections of
information. This helps the Department
assess the impact of its information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand the
Department’s information collection
requirements and provide the requested
data in the desired format. ED is
soliciting comments on the proposed
information collection request (ICR) that
is described below. The Department of
Education is especially interested in
public comment addressing the
following issues: (1) Is this collection
necessary to the proper functions of the
Department; (2) will this information be
processed and used in a timely manner;
(3) is the estimate of burden accurate;
(4) how might the Department enhance
the quality, utility, and clarity of the
information to be collected; and (5) how
might the Department minimize the
SUMMARY:

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