60-Day Federal Register Notice

(2023) - 60-Day FR Notice 3038-0092.pdf

Customer Clearing Documentation and Timing of Acceptance for Clearing

60-Day Federal Register Notice

OMB: 3038-0092

Document [pdf]
Download: pdf | pdf
Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices
End of Certification

ddrumheller on DSK120RN23PROD with NOTICES1

Accordingly, the following product(s)
and service(s) are deleted from the
Procurement List:
Product(s)
NSN(s)—Product Name(s):
8415–00–245–2065—Jersey, Reversible, US
Navy, Blue and Yellow, Large
8415–00–245–2054—Jersey, Reversible, US
Navy, Blue and Yellow, Medium
8415–00–245–2052—Jersey, Reversible, US
Navy, Blue and Yellow, Small
8415–00–245–2073—Jersey, Reversible, US
Navy, Blue and Yellow, X- Large
8415–00–914–0313—Jersey, Flight Deck
Crewman’s, Blue, Medium
8415–00–914–0312—Jersey, Flight Deck
Crewman’s, Blue, Small
8415–00–914–0314—Jersey, Flight Deck
Crewman’s, USN, Blue, Large
8415–00–914–0315—Jersey, Flight Deck
Crewman’s, USN, Blue, X-Large
8415–00–914–0318—Jersey, Flight Deck
Crewman’s, USN, Brown, Large
8415–00–914–0317—Jersey, Flight Deck
Crewman’s, USN, Brown, Medium
8415–00–914–0316—Jersey, Flight Deck
Crewman’s, USN, Brown, Small
8415–00–914–0319—Jersey, Flight Deck
Crewman’s, USN, Brown, X-Large
8415–00–914–0323—Jersey, Flight Deck
Crewman’s, USN, Green, Large
8415–00–914–0322—Jersey, Flight Deck
Crewman’s, USN, Green, Medium
8415–00–914–0321—Jersey, Flight Deck
Crewman’s, USN, Green, Small
8415–00–914–0324—Jersey, Flight Deck
Crewman’s, USN, Green, X-Large
8415–00–914–0327—Jersey, Flight Deck
Crewman’s, USN, Purple, Large
8415–00–914–0326—Jersey, Flight Deck
Crewman’s, USN, Purple, Medium
8415–00–914–0325—Jersey, Flight Deck
Crewman’s, USN, Purple, Small
8415–00–914–0328—Jersey, Flight Deck
Crewman’s, USN, Purple, X-Large
8415–00–914–0331—Jersey, Flight Deck
Crewman’s, USN, Red, Large
8415–00–914–9481—Jersey, Flight Deck
Crewman’s, USN, Red, Medium
8415–00–914–0329—Jersey, Flight Deck
Crewman’s, USN, Red, Small
8415–00–914–4143—Jersey, Flight Deck
Crewman’s, USN, Red, X-Large
8415–00–914–0335—Jersey, Flight Deck
Crewman’s, USN, White, Large
8415–00–914–0334—Jersey, Flight Deck
Crewman’s, USN, White, Medium
8415–00–914–0333—Jersey, Flight Deck
Crewman’s, USN, White, Small
8415–00–914–0336—Jersey, Flight Deck
Crewman’s, USN, White, X-Large
8415–00–914–0339—Jersey, Flight Deck
Crewman’s, USN, Yellow, Large
8415–00–914–0338—Jersey, Flight Deck
Crewman’s, USN, Yellow, Medium
8415–00–914–0337—Jersey, Flight Deck
Crewman’s, USN, Yellow, Small
8415–00–914–0340—Jersey, Flight Deck
Crewman’s, USN, Yellow, X-Large
Designated Source of Supply: The Arkansas
Lighthouse for the Blind, Little Rock, AR
Designated Source of Supply: Winston-Salem
Industries for the Blind, Inc, Winston-

VerDate Sep<11>2014

18:23 Aug 24, 2023

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Salem, NC
Designated Source of Supply: Industries of
the Blind, Inc., Greensboro, NC
Designated Source of Supply: Westmoreland
County Association, Greensburg, PA
Contracting Activity: DLA TROOP SUPPORT,
PHILADELPHIA, PA
NSN(s)—Product Name(s):
7530–00–985–7097—Folder, File,
Reinforced, 1⁄3″ Cut, 11 pt., Natural Kraft,
113⁄4″ x 91⁄4″
7530–00–02R–1357—Label, Pressure
Sensitive
Designated Source of Supply: CLOVERNOOK
CENTER FOR THE BLIND AND
VISUALLY IMPAIRED, Cincinnati, OH
Contracting Activity: STRATEGIC
ACQUISITION CENTER,
FREDERICKSBURG, VA
Service(s)
Service Type: Custodial and Related Services
Mandatory for: GSA PBS Region 5, Federal
Building, 105 South Sixth Street Mt.
Vernon, IL
Designated Source of Supply: Jefferson
County Comprehensive Services, Inc.,
Mt. Vernon, IL
Contracting Activity: PUBLIC BUILDINGS
SERVICE, PBS R5
Michael R. Jurkowski,
Acting Director, Business Operations.
[FR Doc. 2023–18355 Filed 8–24–23; 8:45 am]
BILLING CODE 6353–01–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Renew
Collection 3038–0092, Customer
Clearing Documentation and Timing of
Acceptance for Clearing
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 of
1995 (‘‘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
extension of information collection
requirements relating to the obligation
to maintain clearing documentation
records between the customer and the
customer’s clearing member under the
Commodity Exchange Act, OMB Control
No. 3038–0092 (Customer Clearing

SUMMARY:

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Documentation and Timing of
Acceptance for Clearing).
DATES: Comments must be submitted on
or before October 24, 2023.
ADDRESSES: You may submit comments,
identified by ‘‘Customer Clearing
Documentation and Timing of
Acceptance for Clearing,’’ Collection
Number 3038–0092, by any of the
following methods:
• CFTC website: 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:
Catherine Brescia, Attorney Advisor,
Market Participants Division,
Commodity Futures Trading
Commission, (202) 418–6236; email:
[email protected], and refer to OMB
Control No. 3038–0092.
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(c) and includes agency requests
or requirements that members of the
public submit reports, keep records, or
provide information to a third party.
PRA section 3506(c)(2)(A) (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.1
1 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 1320.8
(b)(3)(vi).

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58252

Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Notices

Title: Customer Clearing
Documentation and Timing of
Acceptance for Clearing (OMB Control
No. 3038–0092). This is a request for
extension of a currently approved
information collection.
Abstract: Section 4d(c) of the
Commodity Exchange Act (‘‘CEA’’) (7
U.S.C. 6d(c)), as amended by the DoddFrank Wall Street and Reform Consumer
Protection Act (‘‘Dodd-Frank Act’’),
directs the Commission to require
futures commission merchants
(‘‘FCMs’’) to implement conflict of
interest procedures that address such
issues the Commission determines to be
appropriate. Similarly, CEA section
4s(j)(5) (7 U.S.C. 6s(j)(5)), as added by
the Dodd-Frank Act, requires swap
dealers (‘‘SDs’’) and major swap
participants (‘‘MSPs’’) to implement
conflict of interest procedures that
address such issues the Commission
determines to be appropriate. CEA
section 4s(j)(5) also requires SDs and
MSPs to ensure that any persons
providing clearing activities or making
determinations as to accepting clearing
customers are separated by appropriate
informational partitions from persons
whose involvement in pricing, trading,
or clearing activities might bias their
judgment or contravene the core
principle of open access. CEA section
4s(j)(6) prohibits an SD or MSP from
adopting any process or taking any
action that results in any unreasonable
restraint on trade or imposes any
material anticompetitive burden on
trading or clearing, unless necessary or
appropriate to achieve the purposes of
the Act. CEA section 2(h)(1)(B)(ii) (7
U.S.C. 2(h)(1)(B)(ii)) requires that
derivatives clearing organization
(‘‘DCO’’) rules provide for the
nondiscriminatory clearing of swaps
executed bilaterally or through an
unaffiliated designated contract market
or swap execution facility.
To address these provisions, the
Commission promulgated regulations
that prohibit arrangements involving
FCMs, SDs, MSPs, and DCOs that would
(a) disclose to an FCM, SD, or MSP the
identity of a customer’s original
executing counterparty; 2 (b) limit the
number of counterparties with whom a
customer may enter into a trade; 3 (c)
restrict the size of the position a
customer may take with any individual
counterparty, apart from an overall
credit limit for all positions held by the
customer at the FCM; 4 (d) impair a
customer’s access to execution of a trade
on terms that have a reasonable
CFR 1.72(a), 23.608(a), and 39.12(a)(1)(vi).
CFR 1.72(b), 23.608(b), and 39.12(a)(1)(vi).
4 17 CFR 1.72(c), 23.608(c), and 39.12(a)(1)(vi).

relationship to the best terms available; 5
or (e) prevent compliance with specified
time frames for acceptance of trades into
clearing set forth in Commission
regulations §§ 1.74(b), 23.610(b), or
39.12(b)(7).6 Additionally, the
Commission requires, through
regulation § 39.12(b)(7)(i)(B), DCOs to
coordinate with clearing members to
establish prompt processing of trades.
Regulations §§ 1.74(a) and 23.610(a)
require reciprocal coordination by
FCMs, SDs, and MSPs that are clearing
members.
Under the above regulations, SDs,
MSPs, FCMs, and DCOs are required to
develop and maintain written customer
clearing documentation and trade
processing procedures. Maintenance of
contracts, policies, and procedures is
prudent business practice. All SDs,
MSPs, FCMs, and DCOs maintain
documentation consistent with these
regulations. The regulations are crucial
both for effective risk management and
for the efficient operation of trading
venues among SDs, MSPs, FCMs, and
DCOs. Each of these entities has a
general recordkeeping obligation for
these requirements under the
Commission’s regulations (17 CFR 39.20
for DCOs; 17 CFR 23.606 for SDs and
MSPs; and 17 CFR 1.73 for FCMs).
As indicated below, the information
collection burden arising from the
regulations primarily is restricted to the
costs associated with the affected
registrants’ obligation to maintain
records related to clearing
documentation between the customer
and the customer’s clearing member,
and trade processing procedures
between DCOs and FCMs, SDs, and
MSPs. The information collection
obligations are necessary to implement
certain provisions of the CEA, including
ensuring that registrants exercise
effective risk management and for the
efficient operation of trading venues
among SDs, MSPs, FCMs, and DCOs.
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

2 17
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CFR 1.72(d), 23.608(d), and 39.12(a)(1)(vi).
CFR 1.72(e), 23.608(e), and 39.12(a)(1)(vi).

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• 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 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 respondent
burden for this collection is estimated to
be as follows:
Estimated Number of Respondents:
180.
Estimated Average Burden Hours per
Respondent: 40.
Estimated Total Annual Burden
Hours per Respondent: 7,200.
Frequency of Collection: As needed.
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: August 22, 2023.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2023–18364 Filed 8–24–23; 8:45 am]
BILLING CODE 6351–01–P

CONSUMER FINANCIAL PROTECTION
BUREAU
[Docket No. CFPB–2023–0042]

Agency Information Collection
Activities: Comment Request
Consumer Financial Protection
Bureau.
ACTION: Notice and request for comment.
AGENCY:

7 17

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CFR 145.9.

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File Modified2023-08-25
File Created2023-08-25

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