60-Day Federal Register Notice

Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices
Authorization
NMFS has determined that the level
of taking for this LOA request is
consistent with the findings made for
the total taking allowable under the
incidental take regulations and that the
amount of take authorized under the
LOA is of no more than small numbers.
Accordingly, we have issued an LOA to
bp authorizing the take of marine
mammals incidental to its geophysical
survey activity, as described above.
Dated: October 10, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–22761 Filed 10–13–23; 8:45 am]
BILLING CODE 3510–22–P

COMMODITY FUTURES TRADING
COMMISSION
Sunshine Act Meetings
9:00 a.m. EDT, Friday,
October 20, 2023.
PLACE: Virtual meeting.
STATUS: Closed.
MATTERS TO BE CONSIDERED:
Enforcement matters. In the event that
the time, date, or location of this
meeting changes, an announcement of
the change, along with the new time,
date, and/or place of the meeting will be
posted on the Commission’s website at
https://www.cftc.gov/.
CONTACT PERSON FOR MORE INFORMATION:
Christopher Kirkpatrick, 202–418–5964.
Authority: 5 U.S.C. 552b.
TIME AND DATE:

Dated: October 11, 2023.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2023–22837 Filed 10–12–23; 11:15 am]
BILLING CODE 6351–01–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Extend
Collection 3038–0062: Off-Exchange
Foreign Currency Transactions
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 renewal of a collection of
certain information by the agency.
Under the Paperwork Reduction Act
(‘‘PRA’’), Federal agencies are required

SUMMARY:

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to publish notice in the Federal Register
concerning each proposed collection of
information, including a proposed
extension of an existing collection of
information, and to allow 60 days for
public comment. This notice solicits
comments on the collection of
information provided for certain of the
Commission’s regulations under the
Commodity Exchange Act (‘‘CEA’’)
relating to off-exchange foreign currency
transactions.
DATES: Comments must be submitted on
or before December 15, 2023.
ADDRESSES: You may submit comments,
identified by ‘‘OMB Control No. 3038–
0062’’ 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:
Philip Newsom, Special Counsel,
Market Participants Division,
Commodity Futures Trading
Commission, (202) 418–5301, or
[email protected], and refer to OMB
Control No. 3038–0062.
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
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 extension of the
existing collections of information listed
below. An agency may not conduct or
sponsor, and a person is not required to

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71341

respond to, a collection of information
unless it displays a currently valid OMB
control number.1
Title: Off-Exchange Foreign Currency
Transactions (OMB Control No. 3038–
0062). This is a request for an extension
of a currently approved information
collection.
Abstract: Part 5 of the Commission’s
regulations under the CEA establishes
rules applicable to retail foreign
exchange dealers (‘‘RFEDs’’), futures
commission merchants (‘‘FCMs’’),
introducing brokers (‘‘IBs’’), commodity
trading advisors (‘‘CTAs’’), and
commodity pool operators (‘‘CPOs’’)
engaged in the offer and sale of offexchange forex contracts to retail
customers. Specifically:
• Regulation 5.5 requires RFEDs,
FCMs, and IBs to distribute risk
disclosure statements to new retail forex
customers.
• Regulation 5.6 requires RFEDs and
FCMs to report any failures to maintain
the minimum capital required by
Commission regulations.
• Regulation 5.8 requires RFEDs and
FCMs to calculate their total retail forex
obligation.
• Regulation 5.10 requires RFEDs to
maintain and preserve certain risk
assessment documentation.
• Regulation 5.11(a)(1) requires
RFEDs to submit certain risk assessment
documentation to the Commission
within 60 days of the effective date of
their registration.
• Regulation 5.11(a)(2) requires
RFEDs to submit certain financial
documentation to the Commission
within 105 calendar days of the end of
each fiscal year. RFEDs must also
submit additional information, if
requested, regarding affiliates’ financial
impact on an RFED’s organizational
structure.
• Regulation 5.12(a) requires RFED
applicants to submit a Form 1–FR–FCM
concurrently with their registration
application.
• Regulation 5.12(b) requires
registered RFEDs to file a Form 1–FR–
FCM on a monthly and annual basis.
• Regulation 5.12(g) states that, in the
event that an RFED cannot file its Form
1–FR–FCM for any period within the
time specified in Regulation 5.12(b), the
RFED may file an application for an
extension of time with its self-regulatory
organization.
• Regulation 5.13(a) requires RFEDs
and FCMs to provide monthly account
statements to their customers.
• Regulation 5.13(b) requires RFEDs
and FCMs to provide confirmation
1 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and
1320.8(b)(3)(vi).

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Federal Register / Vol. 88, No. 198 / Monday, October 16, 2023 / Notices

statements to their customers within
one business day after the execution of
any retail forex or forex option
transaction.
• Regulation 5.14 requires RFEDs and
FCMs to maintain current ledgers of
each transaction affecting its asset,
liability, income, expense and capital
accounts.
• Regulation 5.18(g) requires each
RFED, FCM, CPO, CTA, and IB subject
to part 5 to maintain a record of all
communications received that give rise
to possible violations of the Act, rules,
regulations or orders thereunder related
to their retail forex business.
• Regulation 5.18(i) requires each
RFED and FCM to prepare and maintain
on a quarterly basis a calculation of
nondiscretionary retail forex customer
accounts open for any period of time
during the quarter that were profitable,
and the percentage of such accounts that
were not profitable.
• Regulation 5.18(j) requires the chief
compliance officer of each RFED and
FCM to certify annually that the firm
has in place processes to establish,
maintain, review, modify and test
policies and procedures reasonably
designed to achieve compliance with
the Act, rules, regulations and orders
thereunder.
• Regulation 5.19 requires each
RFED, FCM, CPO, CTA, and IB subject
to part 5 to submit to the Commission
copies of any dispositive or partially
dispositive decision for which a notice
of appeal has been filed in any material
legal proceeding (1) to which the firm is
a party to or to which its property or
assets is subject with respect to retail
forex transactions, or (2) instituted
against any person who is a principal of
the firm arising from conduct in such
person’s capacity as a principal of that
firm.
• Regulation 5.20 requires RFEDs,
FCMs and IBs to submit documentation
requested pursuant to certain types of
special calls by the Commission.
• Regulation 5.23 requires RFEDs,
FCMs and IBs to notify the Commission
regarding bulk transfers and bulk
liquidations of customer accounts.
The rules establish reporting and
recordkeeping requirements that are
necessary to implement the provisions
of the Food, Conservation, and Energy
Act of 2008 2 regarding off-exchange
transactions in foreign currency with
members of the public. The rules are
intended to promote customer
protection by providing safeguards
2 Public Law 110–246, 122 Stat. 1651, 2189–220
(2008).

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against irresponsible or fraudulent
business practices.3
With respect to the collection of
information, the CFTC invites
comments on:
• Whether the proposed collections of
information are 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 burdens of the proposed
collections 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 burdens 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.
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. 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.4
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
requests 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 burden estimate for 81
respondents, which include RFEDs,
FCMs, IBs, CPOs, and CTAs, as follows:
Estimated Number of Respondents:
81.
3 See Regulation of Off-Exchange Retail Foreign
Exchange Transactions and Intermediaries, 75 FR
55410, 55416 (Sept. 10, 2010).
4 17 CFR 145.9.

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Estimated Average Burden Hours per
Respondent: 1,757.5
Estimated Total Annual Burden
Hours: 142,324.
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: October 11, 2023.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023–22748 Filed 10–13–23; 8:45 am]
BILLING CODE 6351–01–P

CONSUMER PRODUCT SAFETY
COMMISSION
Sunshine Act Meetings
Wednesday, October 18,
2023—10:00 a.m.
PLACE: Room 420, Bethesda Towers,
4330 East-West Highway, Bethesda, MD.
STATUS: Commission Meeting—Open to
the Public.
MATTERS TO BE CONSIDERED: Decisional
Matter: Safety Standard Addressing
Blade-Contact Injuries on Table Saws.
A live webcast of the meeting can be
viewed at the following link: https://
cpsc.webex.com/weblink/register/
r88f341de3262d93f0deb0453a6e10f43.
CONTACT PERSON FOR MORE INFORMATION:
Alberta E. Mills, Office of the Secretary,
U.S. Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814, 301–504–7479
(Office) or 240–863–8938 (Cell).
TIME AND DATE:

Dated: October 11, 2023.
Alberta E. Mills,
Commission Secretary.
[FR Doc. 2023–22824 Filed 10–12–23; 11:15 am]
BILLING CODE 6355–01–P

DEPARTMENT OF DEFENSE
Department of the Air Force
Board of Visitors of the Air University
Meeting
AGENCY:

Department of the Air Force,

DoD.
ACTION:

Notice of meeting.

The Department of Defense
(DoD) is publishing this notice to
announce the following Federal
Advisory Committee meeting of the
Board of Visitors (BoV) of the Air
University.

SUMMARY:

5 This figure has been rounded from 1,757.09 to
the nearest whole number.

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