30-Day Federal Register Notice

(2022) published 30-day FR Notice - 3038-0052.pdf

Core Principles & Other Requirements for DCMs

30-Day Federal Register Notice

OMB: 3038-0052

Document [pdf]
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Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Notices

1155 21st Street NW, Washington, DC
20581.
• Hand Delivery/Courier: Same as
Mail above.
All comments must be submitted in
English, or if not, accompanied by an
English translation. Comments
submitted to the Commission should
include 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, prescreen, 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.
FOR FURTHER INFORMATION CONTACT:
Jennifer Bauer, Special Counsel, Market
Participants Division, Commodity
Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581; (202) 418–5472;
email: [email protected].
SUPPLEMENTARY INFORMATION:
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
1 17

CFR 145.9.

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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
terms of the legislation, RFEDs are
subject to the same capital requirements
as FCMs that are engaged in retail forex
transactions, and, therefore, subject to
the same reporting requirements.
Accordingly, this collection was
amended to reflect the financial
reporting requirements of the new
category of registrant, RFEDs.
In 2010, the U.S. Congress passed the
Wall Street Reform and Consumer
Protection Act (the ‘‘Dodd-Frank Act’’),
Public Law 111–203, 124 Stat. 1376
(2010), giving the Commission the
authority to regulate certain swap
markets and participants in those
markets. Section 731 of the Dodd-Frank
Act, amended the Commodity Exchange
Act (‘‘CEA’’), 7 U.S.C. 1 et seq., to add,
as section 4s(e) thereof, provisions
concerning the setting of capital and
initial and variation margin
requirements for swap dealers (‘‘SDs’’)
and major swap participants (‘‘MSPs’’).
In 2016 and 2020 respectively, the
Commission finalized the Margin
Requirements for Uncleared Swaps for
Swap Dealers and Major Swap
Participants rule and the Capital
Requirements for Swap Dealers and
Major Swap Participants rule to
implement those requirements.
Specifically, such rules include
financial reporting and recordkeeping,
as well as application processes for
model approval for both capital and
margin models for SDs and MSPs that
do not have a prudential regulator
(‘‘Covered Swap Entities’’ or ‘‘CSEs’’).
Separately, in 2013, the Commission
finalized rules in an effort to prevent
unauthorized usage of customer funds
by FCMs and RFEDs. The final rules
included modifications to the reporting
requirements required by the
Commission which resulted in changes
to the financial statements filed by
FCMs and RFEDs, and made some of the
recordkeeping requirements already
contained in this OMB Collection
Number 3038–0024 into reporting
requirements. These rules added

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additional recordkeeping requirements
by FCMs to assure the segregation of
customer funds. This collection, OMB
Control No. 3038–0024, is needed for
the Commission to continue its financial
monitoring of its registrants.
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. On April 29, 2022, the
Commission published in the Federal
Register notice of the proposed
extension of this information collection
and provided 60 days for public
comment on the proposed extension, 87
FR 25468 (‘‘60-Day Notice’’). The
Commission did not receive any
relevant comments on the 60-Day
Notice.
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 Commission is
revising its estimate of the burden for
this collection for approximately 61
FCMs and RFEDs, 53 CSEs and 1,019
IBs. The respondent burden for this
collection is estimated to be as follows:
Estimated Number of Respondents:
1,133.
Estimated Average Burden Hours per
Respondent: 251 hours.2
Estimated Total Annual Burden
Hours: 284,124 hours.3
Frequency of Collection: At various
intervals.4
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: June 27, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022–14086 Filed 6–30–22; 8:45 am]
BILLING CODE 6351–01–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities Under OMB Review
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995

SUMMARY:

2 Rounded

off from 250.7714033.
figure is derived from 250.7714033 (burden
hours per respondent) × 1,133 respondents =
284,124.
4 For example, FCMs have both daily and
monthly financial reporting obligations, annual
certified financial and compliance report
obligations, and periodic notice requirements.
3 This

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khammond on DSKJM1Z7X2PROD with NOTICES

Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Notices
(‘‘PRA’’), this notice announces that the
Information Collection Request (‘‘ICR’’)
abstracted below has been forwarded to
the Office of Information and Regulatory
Affairs (‘‘OIRA’’), of the Office of
Management and Budget (‘‘OMB’’), for
review and comment. The ICR describes
the nature of the information collection
and its expected costs and burden.
DATES: Comments must be submitted on
or before August 1, 2022.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of this
notice’s publication to OIRA, at https://
www.reginfo.gov/public/do/PRAMain.
Please find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the website’s
search function. Comments can be
entered electronically by clicking on the
‘‘comment’’ button next to the
information collection on the ‘‘OIRA
Information Collections Under Review’’
page, or the ‘‘View ICR—Agency
Submission’’ page. A copy of the
supporting statement for the collection
of information discussed herein may be
obtained by visiting https://
www.reginfo.gov/public/do/PRAMain.
In addition to the submission of
comments to https://Reginfo.gov as
indicated above, a copy of all comments
submitted to OIRA may also be
submitted to the Commodity Futures
Trading Commission (the
‘‘Commission’’ or ‘‘CFTC’’) by clicking
on the ‘‘Submit Comment’’ box next to
the descriptive entry for OMB Control
No. 3038–0052, at https://
comments.cftc.gov/FederalRegister/
PublicInfo.aspx.
Or by either of the following methods:
• 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.
All comments must be submitted in
English, or if not, accompanied by an
English translation. Comments
submitted to the Commission should
include 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
1 17

CFR 145.9.

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Commission reserves the right, but shall
have no obligation, to review, prescreen, 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.
FOR FURTHER INFORMATION CONTACT:
Roger Smith, Associate Chief Counsel,
Division of Market Oversight,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581; 202–418–5344; email: rsmith@
cftc.gov.
SUPPLEMENTARY INFORMATION:
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
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
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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39507

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
number of registered DCMs will
increase the total information collection
burdens for OMB control number 3038–
0052 as shown below.7
An agency may not conduct or
sponsor, and a person is not required to
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.
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.

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Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Notices

respond to, a collection of information
unless it displays a currently valid OMB
control number. On April 28, 2022, the
Commission published in the Federal
Register notice of the proposed
extension of this information collection
and provided 60 days for public
comment on the proposed extension, 87
FR 25228 (‘‘60-Day Notice’’). The
Commission did not receive any
relevant comments on the 60-Day
Notice.
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
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):

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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)):
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: June 27, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022–14088 Filed 6–30–22; 8:45 am]
BILLING CODE 6351–01–P

DEPARTMENT OF EDUCATION
[Docket No.: ED–2022–SCC–0036]

Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Comment Request; 2024
Teaching and Learning International
Survey (TALIS 2024) Main Study
Recruitment and Field Test
Institute of Educational Science
(IES), Department of Education (ED).
ACTION: Notice.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, ED is
proposing a reinstatement with change
of a previously approved information
collection.

SUMMARY:

Interested persons are invited to
submit comments on or before August 1,
2022.
ADDRESSES: Written comments and
recommendations for proposed
information collection requests should
be sent within 30 days of publication of
this notice to https://www.reginfo.gov/
DATES:

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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. Reginfo.gov
provides two links to view documents
related to this information collection
request. Information collection forms
and instructions may be found by
clicking on the ‘‘View Information
Collection (IC) List’’ link. Supporting
statements and other supporting
documentation may be found by
clicking on the ‘‘View Supporting
Statement and Other Documents’’ link.
Comments may also be sent to
[email protected].
FOR FURTHER INFORMATION CONTACT: For
specific questions related to collection
activities, please contact Carrie Clarady,
202–245–6347.
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
burden of this collection on the
respondents, including through the use
of information technology. Please note
that written comments received in
response to this notice will be
considered public records.
Title of Collection: Comment Request;
2024 Teaching and Learning
International Survey (TALIS 2024) Main
Study Recruitment and Field Test.
OMB Control Number: 1850–0888.
Type of Review: Reinstatement with
change of a previously approved
information collection.
Respondents/Affected Public:
Individuals and Households.

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