Agency Information Collection Activities Under OMB Review, 15557-15559 [2018-07365]
Download as PDF
Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Notices
amozie on DSK30RV082PROD with NOTICES
noise exposure resulting from
constructing LNG facilities in Cook
Inlet, Alaska from 2019 to 2023. AGDC’s
request is for take of five species of
marine mammals, by Level B
harassment only. Neither AGDC nor
NMFS expects injury, serious injury, or
mortality to result from this activity.
NMFS provided questions and
comments to AGDC after receiving the
initial application regarding the scope of
the project and impact analysis. AGDC
submitted a modified request on
February 23, 2018 and NMFS deemed
the application adequate and complete
on March 14, 2018.
Description of the Specified Activity
AGDC proposes to construct facilities
to transport and offload LNG in Cook
Inlet, AK, for export. The Project
activities include:
• Construction of the proposed
Marine Terminal in Cook Inlet,
including construction of a temporary
Material Offloading Facility (MOF) and
a permanent Product Loading Facility
(PLF).
• Construction of the Mainline across
Cook Inlet, including the potential
construction of a Mainline MOF on the
west side of Cook Inlet.
Components of proposed construction
activities in Cook Inlet that have the
potential to expose marine mammals to
received acoustic levels that could
result in take include:
• Vibratory and impact pile driving
associated with MOF and PLF
construction.
• Anchor handling associated with
pipelay across the Cook Inlet.
For pile driving over the project
duration, a total of 130 48-inch (-in) and
201 60-in steel piles would be installed
using impact hammers for the PLF
construction. A total of 7 24-in and 28
48-in steel piles would be installed
using impact hammers and 66 18-in and
35 60-in steel piles using vibratory
hammers for the MOF construction. In
addition, approximately 6,700 feet and
670 feet of sheet pile would be installed
using a vibratory and impact hammer,
respectively, for the MOF construction.
For anchor handling, a total of 5.75
and 13.25 hours of activities are
assessed for mooring/pipe trenching and
pipelaying in Seasons 3 and 4,
respectively.
The LNG facility construction
activities are anticipated to begin in late
2019 and take approximately four years
to complete. However, the rule will
cover a five-year period to encompass
additional time should delays occur.
A suite of proposed mitigation and
monitoring measures for marine
mammals that could potentially be
VerDate Sep<11>2014
17:17 Apr 10, 2018
Jkt 244001
taken during in-water construction
activities includes: (1) Establishing and
monitoring Level A and Level B zones
with protected species observers (PSOs),
(2) establishing a 100-m shutdown zone
and implementing shutdown measures
when an animal is detected to
approaching the shutdown zone, and (3)
limiting pile driving activities to
daylight hours only.
Information Solicited
Interested persons may submit
information, suggestions, and comments
concerning the AGDC’s request (see
ADDRESSES). NMFS will consider all
information, suggestions, and comments
related to the AGDC’s request and
NMFS’ potential development and
implementation of regulations
governing the incidental taking of
marine mammals by the AGDC’s LNG
facility construction in Cook Inlet.
Dated: April 6, 2018.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2018–07465 Filed 4–10–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG156
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The Mid-Atlantic Fishery
Management Council (Council) will
hold a public workshop to provide a
forum for fishermen, managers, and
scientists from the United States and
European Union to interact and discuss
possible solutions to the complex
problems associated with the smallmesh pelagic fisheries in their
respective regions.
DATES: The meeting will be held
Tuesday, May 1, 2018 through
Thursday, May 3, 2018. For agenda
details, see SUPPLEMENTARY
INFORMATION.
SUMMARY:
The meeting will be held at:
the Beauport Hotel Gloucester, 55
Commercial Street, Gloucester, MA
01930, telephone: (844) 282–0008.
Council address: Mid-Atlantic Fishery
Management Council, 800 N State St.,
ADDRESSES:
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
15557
Suite 201, Dover, DE 19901; telephone:
(302) 674–2331.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D. Executive
Director, Mid-Atlantic Fishery
Management Council; telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION: The
workshop will involve a combination of
presentations, group discussions, and
field trips designed to give participants
first-hand knowledge of local fishery
operations and issues. A detailed
agenda and additional information are
available on the Council’s website at
https://www.mafmc.org/workshop/us-eupelagics-workshop.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aid
should be directed to M. Jan Saunders,
(302) 526–5251, at least 5 days prior to
the meeting date.
Dated: April 6, 2018.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–07473 Filed 4–10–18; 8:45 am]
BILLING CODE 3510–22–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 (PRA), this
notice announces that the Information
Collection Request (‘‘ICR’’) abstracted
below has been forwarded to the Office
of Management and Budget (‘‘OMB’’) for
review and comment. The ICR describes
the nature of the information collections
and its expected costs and burden.
DATES: Comments must be submitted on
or before May 11, 2018.
ADDRESSES: Comments regarding the
burden estimate or any other aspect of
the information collections, including
suggestions for reducing the burden,
may be submitted directly to the Office
of Information and Regulatory Affairs
(‘‘OIA’’) in OMB within 30 days of this
notice’s publication by either of the
following methods. Please identify the
comments by ‘‘OMB Control Nos. 3038–
0052 or 3038–0074.’’
• By email addressed to:
OIRAsubmissions@omb.eop.gov or
SUMMARY:
E:\FR\FM\11APN1.SGM
11APN1
amozie on DSK30RV082PROD with NOTICES
15558
Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Notices
• By mail addressed to: The Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Attention Desk Officer for the
Commodity Futures Trading
Commission, 725 17th Street NW,
Washington, DC 20503.
A copy of all comments submitted to
OIRA should be sent to the Commodity
Futures Trading Commission (‘‘CFTC’’
or ‘‘Commission’’) by either of the
following methods. The copies should
refer to ‘‘OMB Control Nos. 3038–0052
or 3038–0074.’’
• By mail addressed to: Christopher
Kirkpatrick, Secretary of the
Commission, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street NW,
Washington, DC 20581;
• By Hand Delivery/Courier to the
same address; or
• Through the Commission’s website
at https://comments.cftc.gov. Please
follow the instructions for submitting
comments through the website.
Please submit your comments using
only one method. A copy of the
supporting statements for the collection
of information discussed herein may be
obtained by visiting https://RegInfo.gov.
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.1
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 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:
David Steinberg, Associate Director,
Division of Market Oversight,
Commodity Futures Trading
Commission, 202–418–5102 or
dsteinberg@cftc.gov, and refer to OMB
Control Nos. 3038–0052 or 3038–0074.
SUPPLEMENTARY INFORMATION:
Title: Core Principles and Other
Requirements for Designated Contract
Markets (OMB Control No. 3038–0052),
and Core Principles and Other
Requirements for Swap Execution
Facilities (OMB Control No. 3038–
0074). This is a request for an extension
of currently approved information
collections.
Abstract: The regulations governing
designated contract markets (‘‘DCMs’’)
were adopted pursuant to the
requirements of the Commodity Futures
Modernization Act of 2000 (‘‘CFMA’’).2
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 requirements including
23 core principles. Collection 3038–
0052 was created in response to the part
38 regulatory requirements for DCMs.
In June 2012, the Commission
implemented core principles and other
requirements for DCMs (‘‘DCM Final
Rules’’).3 The Commission stated in the
DCM Final Rules that 18 DCMs were
registered with the Commission.4
However, since publication of the DCM
Final Rules, the number of DCMs
registered with the Commission has
decreased from 18 to 15. Accordingly,
the Commission is revising the below
burden statement for OMB Control No
3038–0052 to account for the decrease
in the number of registered DCMs.
Title VII of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (‘‘Dodd-Frank Act’’) added new
section 5h to the Commodity Exchange
Act (‘‘CEA’’) to impose requirements
concerning the registration and
operation of swap execution facilities
(‘‘SEFs’’), which the Commission has
incorporated in part 37 of its
regulations. These information
collections are needed for the
Commission to ensure that SEFs comply
with these requirements. Among other
requirements, part 37 of the
Commission’s regulations imposes SEF
registration requirements for a trading
platform or system, obligates SEFs to
provide transaction confirmations to
swap counterparties, and requires SEFs
to comply with 15 core principles.
Collection 3038–0074 was created in
response to the part 37 regulatory
requirements for SEFs.
27
U.S.C. 1 et seq.
FR 36612 (June 19, 2012).
4 Id. at 36663.
3 77
1 17
CFR 145.9.
VerDate Sep<11>2014
17:17 Apr 10, 2018
Jkt 244001
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
In September 2016, the Commission
published a 30-Day Notice of Intent to
Renew Collection 3038–0074 (30-Day
Renewal Notice) and stated that 23 SEFs
were registered with the Commission.5
However, since publication of the 30day Renewal Notice, the Commission
has granted permanent registration to
two additional SEFs, for a total of 25
registered SEFs. Therefore, the
Commission is revising the below
burden statement for OMB Control No.
3038–0074 to account for the increase in
the number of registered SEFs.
In January 2018, the Commission
adopted regulation 9.11(b)(3)(ii)
requiring a DCM or SEF (collectively,
‘‘exchange’’) to include two additional
elements in the disciplinary or access
denial notice action provided to the
National Futures Association.6 First, an
exchange must include the type of
product (as applicable) involved in the
adverse action.7 Requiring an exchange
to provide this information in the
disciplinary or access denial notice will
provide the Commission, market
participants, the public, and other
exchanges with greater transparency
concerning where market abuses
originate and whether the abuses are
concentrated among certain product
types. Second, an exchange must
indicate in its notice of disciplinary or
access denial actions whether the
violation underlying the notice resulted
in financial harm to any customers. This
requirement codifies the clarification
contained in an advisory previously
issued by the Commission (‘‘Part 9
Advisory’’).8 The Commission believes
that the inclusion of customer harm is
essential because it cannot effectively
perform its regulatory and oversight
functions without knowledge of those
instances in which brokers violate their
fiduciary duty to customers by taking
advantage of customer orders and
engaging in fraudulent activity. The
collections of information are
mandatory.
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. The OMB control
numbers for the CFTC’s regulations
were published on December 30, 1981.
See 46 FR 63035 (Dec. 30, 1981).
5 81
FR 65630 (Sept. 23, 2016).
FR 1538 (Jan. 12, 2018).
7 For example, a product trading on a DCM might
be specified as a July 2016 Eurodollar future; while
a product trading on a SEF may be a CDX North
American High Yield Series 26 5 year.
8 The Part 9 Advisory permitted an exchange to
file disciplinary or access denial notices with the
Commission or the National Futures Association. 64
FR 39915 (July 23, 1999).
6 83
E:\FR\FM\11APN1.SGM
11APN1
Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Notices
The Federal Register notice with a 60day comment period soliciting
comments on this collection of
information was published on January
12, 2018 (83 FR 1609). The Commission
did not receive any comments
addressing the 60-day Notice.
Burden Statement: The Commission
believes that the additional burden for
an exchange to add the two additional
elements in the contents of the
disciplinary or access denial notice is de
minimis.9 Accordingly, the Commission
is maintaining its current estimate of the
burden for both collections as result of
these reporting requirements. However,
the Commission is amending its
estimates for the collections to account
for the change in the number of DCMs
and SEFs currently registered with the
Commission. The current respondent
burden for these collections are
estimated to be as follows:
• OMB Control No. 3038–0052 (Core
Principles and Other Requirements
for Designated Contract Markets)
Number of Respondents: 15.
Estimated Annual Burden Hours per
Respondent: 490.5.
Estimated Total Annual Burden
Hours on Respondents: 7,357.5.
Frequency of Collection: As
applicable.
• OMB Control No. 3038–0074 (Core
Principles and Other Requirements
for Swap Execution Facilities)
Number of Respondents: 25.
Estimated Annual Burden Hours per
Respondent: 1,000.
Estimated Total Annual Burden
Hours on Respondents: 25,000.10
Frequency of Collection: As
applicable.
The regulations require no new
startup or operations and maintenance
costs.
DEPARTMENT OF DEFENSE
(Authority: 44 U.S.C. 3501 et seq.)
DEPARTMENT OF DEFENSE
Dated: April 5, 2018.
Robert N. Sidman,
Deputy Secretary of the Commission.
amozie on DSK30RV082PROD with NOTICES
9 The Commission stated in the Notice of
Proposed Rulemaking that the burden associated
with Commission regulation 9.11(b)(3)(ii) requiring
an exchange to specify the product involved in the
disciplinary or access denial action would be de
minimis. 82 FR 7745 (Jan. 23, 2017). The
Commission did not receive any comments
regarding this determination. The Commission
estimates that it will take an exchange just a few
seconds to add the product involved in the adverse
action and whether the violation underlying the
notice resulted in financial harm to any customers.
10 The Commission notes that collection 3038–
0074 includes an additional 1,200 burden hours for
SEF registration applicants that have not been
affected by this amendment. Therefore, the total
burden for this collection is 26,200 hours.
Jkt 244001
Department of the Navy, DoD.
Notice.
AGENCY:
ACTION:
The Department of the Navy
(DoN) announces the availability of the
inventions listed below, assigned to the
United States Government, as
represented by the Secretary of the
Navy, for domestic and foreign licensing
by the Department of the Navy.
ADDRESSES: Requests for copies of the
patents cited should be directed to
Naval Surface Warfare Center, Crane
Div, Code OOL, Bldg 2, 300 Highway
361, Crane, IN 47522–5001.
FOR FURTHER INFORMATION CONTACT: Mr.
Christopher Monsey, Naval Surface
Warfare Center, Crane Div, Code OOL,
Bldg 2, 300 Highway 361, Crane, IN
47522–5001, Email
Christopher.Monsey@navy.mil.
SUPPLEMENTARY INFORMATION: The
following patent is available for
licensing: Patent No. 9,927,482 (Navy
Case No. 200248): ELECTROSTATIC
PROTECTION TESTING,
MONITORING, AND HUMANMACHINE VISUAL INTERFACE
SYSTEM AND METHODS OF USE.
SUMMARY:
Authority: 35 U.S.C. 207, 37 CFR part 404.
Dated: April 5, 2018.
E.K. Baldini,
Lieutenant Commander, Judge Advocate
General’s Corps, U.S. Navy, Federal Register
Liaison Officer.
[FR Doc. 2018–07436 Filed 4–10–18; 8:45 am]
BILLING CODE 3810–FF–P
Notice of Availability of GovernmentOwned Inventions; Available for
Licensing
BILLING CODE 6351–01–P
17:17 Apr 10, 2018
Notice of Availability of GovernmentOwned Inventions; Available for
Licensing
Department of the Navy
[FR Doc. 2018–07365 Filed 4–10–18; 8:45 am]
VerDate Sep<11>2014
Department of the Navy
Department of the Navy, DoD.
Notice.
AGENCY:
ACTION:
The Department of the Navy
(DoN) announces the availability of the
inventions listed below, assigned to the
United States Government, as
represented by the Secretary of the
Navy, for domestic and foreign licensing
by the Department of the Navy.
ADDRESSES: Requests for copies of the
patent applications cited should be
directed to Naval Surface Warfare
Center, Crane Div, Code OOL, Bldg 2,
SUMMARY:
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
15559
300 Highway 361, Crane, IN 47522–
5001.
FOR FURTHER INFORMATION CONTACT: Mr.
Christopher Monsey, Naval Surface
Warfare Center, Crane Div, Code OOL,
Bldg 2, 300 Highway 361, Crane, IN
47522–5001, Email
Christopher.Monsey@navy.mil, 812–
854–2777.
SUPPLEMENTARY INFORMATION: The
following patent application is available
for licensing: Patent Application No. 62/
632,550 (Navy Case No. 200456):
HYPER-COMPACT ELECTRIC ALLTERRAIN VEHICLE DRIVETRAIN AND
CONVERSION KIT.
Authority: 35 U.S.C. 207, 37 CFR part 404.
Dated: April 5, 2018.
E.K. Baldini,
Lieutenant Commander, Judge Advocate
General’s Corps, U.S. Navy, Federal Register
Liaison Officer.
[FR Doc. 2018–07453 Filed 4–10–18; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP18–10–000]
Notice of Schedule for Environmental
Review of the Enbridge—Texas
Eastern Transmission, L.P. Tx—La
Markets Project
On October 19, 2017, Enbridge—
Texas Eastern Transmission, L.P. (Texas
Eastern) filed an application in Docket
No. CP18–10–000 requesting a
Certificate of Public Convenience and
Necessity pursuant to section 7(c) of the
Natural Gas Act to construct and operate
certain natural gas facilities. The
proposed project is known as the TX—
LA Markets Project (Project), and would
involve modifications to Texas Eastern’s
existing Gillis Compressor Station in
Beauregard Parish, Louisiana.
On October 31, 2017, the Federal
Energy Regulatory Commission
(Commission or FERC) issued its Notice
of Application for the Project. Among
other things, that notice alerted agencies
issuing federal authorizations of the
requirement to complete all necessary
reviews and to reach a final decision on
a request for a federal authorization
within 90 days of the date of issuance
of the Commission staff’s Environmental
Assessment (EA) for the Project. This
instant notice identifies the FERC staff’s
planned schedule for the completion of
the EA for the Project.
Schedule for Environmental Review
Issuance of EA May 31, 2018
E:\FR\FM\11APN1.SGM
11APN1
Agencies
[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Notices]
[Pages 15557-15559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07365]
=======================================================================
-----------------------------------------------------------------------
COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities Under OMB Review
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
notice announces that the Information Collection Request (``ICR'')
abstracted below has been forwarded to the Office of Management and
Budget (``OMB'') for review and comment. The ICR describes the nature
of the information collections and its expected costs and burden.
DATES: Comments must be submitted on or before May 11, 2018.
ADDRESSES: Comments regarding the burden estimate or any other aspect
of the information collections, including suggestions for reducing the
burden, may be submitted directly to the Office of Information and
Regulatory Affairs (``OIA'') in OMB within 30 days of this notice's
publication by either of the following methods. Please identify the
comments by ``OMB Control Nos. 3038-0052 or 3038-0074.''
By email addressed to: [email protected] or
[[Page 15558]]
By mail addressed to: The Office of Information and
Regulatory Affairs, Office of Management and Budget, Attention Desk
Officer for the Commodity Futures Trading Commission, 725 17th Street
NW, Washington, DC 20503.
A copy of all comments submitted to OIRA should be sent to the
Commodity Futures Trading Commission (``CFTC'' or ``Commission'') by
either of the following methods. The copies should refer to ``OMB
Control Nos. 3038-0052 or 3038-0074.''
By mail addressed to: Christopher Kirkpatrick, Secretary
of the Commission, Commodity Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street NW, Washington, DC 20581;
By Hand Delivery/Courier to the same address; or
Through the Commission's website at https://comments.cftc.gov. Please follow the instructions for submitting
comments through the website.
Please submit your comments using only one method. A copy of the
supporting statements for the collection of information discussed
herein may be obtained by visiting https://RegInfo.gov.
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 Sec. 145.9 of the Commission's regulations.\1\
---------------------------------------------------------------------------
\1\ 17 CFR 145.9.
---------------------------------------------------------------------------
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 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: David Steinberg, Associate Director,
Division of Market Oversight, Commodity Futures Trading Commission,
202-418-5102 or [email protected], and refer to OMB Control Nos.
3038-0052 or 3038-0074.
SUPPLEMENTARY INFORMATION:
Title: Core Principles and Other Requirements for Designated
Contract Markets (OMB Control No. 3038-0052), and Core Principles and
Other Requirements for Swap Execution Facilities (OMB Control No. 3038-
0074). This is a request for an extension of currently approved
information collections.
Abstract: The regulations governing designated contract markets
(``DCMs'') were adopted pursuant to the requirements of the Commodity
Futures Modernization Act of 2000 (``CFMA'').\2\ 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 requirements including 23 core
principles. Collection 3038-0052 was created in response to the part 38
regulatory requirements for DCMs.
---------------------------------------------------------------------------
\2\ 7 U.S.C. 1 et seq.
---------------------------------------------------------------------------
In June 2012, the Commission implemented core principles and other
requirements for DCMs (``DCM Final Rules'').\3\ The Commission stated
in the DCM Final Rules that 18 DCMs were registered with the
Commission.\4\ However, since publication of the DCM Final Rules, the
number of DCMs registered with the Commission has decreased from 18 to
15. Accordingly, the Commission is revising the below burden statement
for OMB Control No 3038-0052 to account for the decrease in the number
of registered DCMs.
---------------------------------------------------------------------------
\3\ 77 FR 36612 (June 19, 2012).
\4\ Id. at 36663.
---------------------------------------------------------------------------
Title VII of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (``Dodd-Frank Act'') added new section 5h to the
Commodity Exchange Act (``CEA'') to impose requirements concerning the
registration and operation of swap execution facilities (``SEFs''),
which the Commission has incorporated in part 37 of its regulations.
These information collections are needed for the Commission to ensure
that SEFs comply with these requirements. Among other requirements,
part 37 of the Commission's regulations imposes SEF registration
requirements for a trading platform or system, obligates SEFs to
provide transaction confirmations to swap counterparties, and requires
SEFs to comply with 15 core principles. Collection 3038-0074 was
created in response to the part 37 regulatory requirements for SEFs.
In September 2016, the Commission published a 30-Day Notice of
Intent to Renew Collection 3038-0074 (30-Day Renewal Notice) and stated
that 23 SEFs were registered with the Commission.\5\ However, since
publication of the 30-day Renewal Notice, the Commission has granted
permanent registration to two additional SEFs, for a total of 25
registered SEFs. Therefore, the Commission is revising the below burden
statement for OMB Control No. 3038-0074 to account for the increase in
the number of registered SEFs.
---------------------------------------------------------------------------
\5\ 81 FR 65630 (Sept. 23, 2016).
---------------------------------------------------------------------------
In January 2018, the Commission adopted regulation 9.11(b)(3)(ii)
requiring a DCM or SEF (collectively, ``exchange'') to include two
additional elements in the disciplinary or access denial notice action
provided to the National Futures Association.\6\ First, an exchange
must include the type of product (as applicable) involved in the
adverse action.\7\ Requiring an exchange to provide this information in
the disciplinary or access denial notice will provide the Commission,
market participants, the public, and other exchanges with greater
transparency concerning where market abuses originate and whether the
abuses are concentrated among certain product types. Second, an
exchange must indicate in its notice of disciplinary or access denial
actions whether the violation underlying the notice resulted in
financial harm to any customers. This requirement codifies the
clarification contained in an advisory previously issued by the
Commission (``Part 9 Advisory'').\8\ The Commission believes that the
inclusion of customer harm is essential because it cannot effectively
perform its regulatory and oversight functions without knowledge of
those instances in which brokers violate their fiduciary duty to
customers by taking advantage of customer orders and engaging in
fraudulent activity. The collections of information are mandatory.
---------------------------------------------------------------------------
\6\ 83 FR 1538 (Jan. 12, 2018).
\7\ For example, a product trading on a DCM might be specified
as a July 2016 Eurodollar future; while a product trading on a SEF
may be a CDX North American High Yield Series 26 5 year.
\8\ The Part 9 Advisory permitted an exchange to file
disciplinary or access denial notices with the Commission or the
National Futures Association. 64 FR 39915 (July 23, 1999).
---------------------------------------------------------------------------
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. The OMB control numbers for the
CFTC's regulations were published on December 30, 1981. See 46 FR 63035
(Dec. 30, 1981).
[[Page 15559]]
The Federal Register notice with a 60-day comment period soliciting
comments on this collection of information was published on January 12,
2018 (83 FR 1609). The Commission did not receive any comments
addressing the 60-day Notice.
Burden Statement: The Commission believes that the additional
burden for an exchange to add the two additional elements in the
contents of the disciplinary or access denial notice is de minimis.\9\
Accordingly, the Commission is maintaining its current estimate of the
burden for both collections as result of these reporting requirements.
However, the Commission is amending its estimates for the collections
to account for the change in the number of DCMs and SEFs currently
registered with the Commission. The current respondent burden for these
collections are estimated to be as follows:
---------------------------------------------------------------------------
\9\ The Commission stated in the Notice of Proposed Rulemaking
that the burden associated with Commission regulation 9.11(b)(3)(ii)
requiring an exchange to specify the product involved in the
disciplinary or access denial action would be de minimis. 82 FR 7745
(Jan. 23, 2017). The Commission did not receive any comments
regarding this determination. The Commission estimates that it will
take an exchange just a few seconds to add the product involved in
the adverse action and whether the violation underlying the notice
resulted in financial harm to any customers.
OMB Control No. 3038-0052 (Core Principles and Other
---------------------------------------------------------------------------
Requirements for Designated Contract Markets)
Number of Respondents: 15.
Estimated Annual Burden Hours per Respondent: 490.5.
Estimated Total Annual Burden Hours on Respondents: 7,357.5.
Frequency of Collection: As applicable.
OMB Control No. 3038-0074 (Core Principles and Other
Requirements for Swap Execution Facilities)
Number of Respondents: 25.
Estimated Annual Burden Hours per Respondent: 1,000.
Estimated Total Annual Burden Hours on Respondents: 25,000.\10\
---------------------------------------------------------------------------
\10\ The Commission notes that collection 3038-0074 includes an
additional 1,200 burden hours for SEF registration applicants that
have not been affected by this amendment. Therefore, the total
burden for this collection is 26,200 hours.
---------------------------------------------------------------------------
Frequency of Collection: As applicable.
The regulations require no new startup or operations and
maintenance costs.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: April 5, 2018.
Robert N. Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2018-07365 Filed 4-10-18; 8:45 am]
BILLING CODE 6351-01-P