60-Day Federal Register Notice

(2022) 60-day FR Notice-3038-0078.pdf

Conflict of Interest Policies and Procedures by Future Commission Merchants and introducing Brokers

60-Day Federal Register Notice

OMB: 3038-0078

Document [pdf]
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31862

Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Notices

closely related entities) has a financial
interest. 18 U.S.C. 208.
• Representation of foreign interests
may also raise issues. 35 U.S.C. 5(a)(1)
and 18 U.S.C. 219.
Meetings of the PPAC and TPAC
Meetings of each Public Advisory
Committee will take place at the call of
the respective Committee Chair to
consider an agenda set by that Chair.
Meetings may be conducted in person,
telephonically, online, or by other
appropriate means. The meetings of
each Public Advisory Committee will be
open to the public, except each Public
Advisory Committee may, by majority
vote, meet in an executive session when
considering personnel, privileged, or
other confidential information.
Nominees must have the ability to
participate in Public Advisory
Committee business through the
internet.
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2022–11200 Filed 5–24–22; 8:45 am]
BILLING CODE 3510–16–P

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

The Commodity Futures
Trading Commission (‘‘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
a Commission regulation dealing with
conflicts of interest policies and
procedures by futures commission
merchants and introducing brokers.
DATES: Comments must be submitted on
or before July 25, 2022.
ADDRESSES: You may submit comments,
identified by ‘‘OMB Control Number

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SUMMARY:

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3038–0078’’ 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:
Andrew Chapin, Associate Chief
Counsel, Market Participants Division,
Commodity Futures Trading
Commission, (202) 418–5465, email:
[email protected].
SUPPLEMENTARY INFORMATION: 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 Commission 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.2
Title: Conflicts of Interest Policies and
Procedures by Futures Commission
Merchants and Introducing Brokers
(OMB Control Nos. 3038–0078). This is
a request for an extension of 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
1 44

U.S.C. 3501 et seq.
U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 1320.8
(b)(3)(vi).
2 44

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brokers) 3 pursuant to sections 4d(c) 4 of
the Commodity Exchange Act (‘‘CEA’’).5
Commission regulation 1.71 generally
requires that, among other things,
generally that, among other things,
futures commission merchants
(‘‘FCM’’) 6 and introducing brokers
(‘‘IB’’) 7 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.8 The
Commission believes that the
information collection obligations
imposed by Commission regulation 1.71
are essential to (i) 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)
the effective evaluation of these
registrants’ actual compliance with the
CEA and Commission regulations. 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.
With respect to the collection of
information, the Commission 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
whoare 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
3 17

CFR 1.71.
U.S.C. 6d(c).
5 77 FR 20198.
6 For the definition of FCM, see section 1a(28) of
the CEA and Commission regulation 1.3. 7 U.S.C.
1a(49) and 17 CFR 1.3.
7 For the definitions of IB, see section 1a(31) of
the CEA and Commission regulation 1.3. 7 U.S.C.
1a(33) and 17 CFR 1.3.
8 See 17 CFR 1.71.
47

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Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Notices
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.9
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. The respondent
burden for this collection is estimated to
be as follows:
Estimated Number of Respondents:
1,065.
Estimated Average Burden Hours per
Respondent: 44.5.
Estimated Total Annual Burden
Hours: 47,392.
Frequency of Collection: As
applicable.
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: May 20, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022–11253 Filed 5–24–22; 8:45 am]
BILLING CODE 6351–01–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Renew
Collection 3038–0012, Futures Volume,
Open Interest, Price, Deliveries, and
Exchanges of Futures
Commodity Futures Trading
Commission.
ACTION: Notice.
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AGENCY:

The Commodity Futures
Trading Commission (‘‘CFTC’’ or
‘‘Commission’’) is announcing an
opportunity for public comment on the
proposed collection of certain
information by the agency. Under the

SUMMARY:

9 17

CFR 145.9.

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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 futures volume, open
interest, price, deliveries, and
purchases/sales of futures for
commodities or for derivatives
positions.
Comments must be submitted on
or before July 25, 2022.
ADDRESSES: You may submit comments,
identified by ‘‘Futures Volume & Open
Interest Collection,’’ 3038–0012, 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
https://www.cftc.gov.
FOR FURTHER INFORMATION CONTACT:
Adam Charnisky, Market Analyst,
Division of Market Oversight,
Commodity Futures Trading
Commission, (312) 596–0630; email:
[email protected].
SUPPLEMENTARY INFORMATION: Under the
PRA, 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
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
DATES:

PO 00000

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31863

displays a currently valid OMB control
number.1
Title: Futures Volume, Open Interest,
Price, Deliveries and Exchanges of
Futures (OMB Control No. 3038–0012).
This is a request for extension of a
currently approved information
collection.
Abstract: Commission Regulation
16.01 requires the U.S. futures
exchanges to publish daily information
on the items listed in the title of the
collection. The information required by
this rule is in the public interest and is
necessary for market surveillance and
analysis. This rule is promulgated
pursuant to the Commission’s
rulemaking authority contained in
Section 5 of the Commodity Exchange
Act, 7 U.S.C. 7 (2010).
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.2
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
1 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 1320.8
(b)(3)(vi).
2 17 CFR 145.9.

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