Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0021, Regulations Governing Bankruptcies of Commodity Brokers, 29547-29549 [2018-13574]

Download as PDF 29547 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Notices TABLE 1—SUMMARY OF DATA USED IN FEE CALCULATIONS—Continued Actual total costs 3-Year average volume (%) Adjusted volume costs 2016 Actual fee 2017 Assessed fee FY 2014 FY 2015 FY 2016 3-Year average actual costs New York Mercantile Exchange ........................ One Chicago ..................................................... NASDAQ ........................................................... ERIS Exchange ................................................. NY LIFFE .......................................................... ELX Futures ...................................................... KCBT ................................................................. 225,672 31,196 .................... .................... .................... .................... .................... 118,701 289 .................... .................... .................... .................... .................... 242,792 282 .................... .................... .................... .................... .................... 195,722 10,589 .................... .................... .................... .................... .................... 14.49 0.29 0.21 0.01 .................... .................... .................... 172,990 6,798 1,089 68 .................... .................... .................... 159,897 28,384 .................... .................... 4,909 22,378 186 172,990 6,798 .................... .................... .................... .................... .................... Subtotal ...................................................... National Futures Association ............................ 667,888 292,102 1,089,134 401,337 1,353,921 282,405 $1,036,981 325,281 100 .................... 1,036,945 .................... 994,901 293,312 857,423 325,281 Total .................................................... 959,990 1,490,471 1,636,326 1,362,262 .................... .................... $1,288,214 1,182,704 Note to Table 1: The 2017 Fee is the lesser of the 3-Year Average Actual Cost or the Adjusted Volume Cost. NY LIFFE, ELX, and KCBT are either Vacated or Dormant, but had direct labor costs in 2013 that produced a fee in 2016, based on the 3-Year Average. An example of how the fee is calculated for one exchange, the Chicago Board of Trade, is set forth here: a. Actual three-year average costs = $34,058. b. The alternative computation is: (.5) ($34,058) + (.5) (.2961) ($1,036,981) = $170,554. c. The fee is the lesser of a or b; in this case $34,058. As noted above, the alternative calculation based on contracts traded is not applicable to NFA because it is not a DCM and has no contracts traded. The Commission’s average annual cost for conducting oversight review of the NFA rule enforcement program during fiscal years 2014 through 2016 was $325,281. The fee to be paid by the NFA for the current fiscal year is $325,281. II. Schedule of Fees Fees for the Commission’s review of the rule enforcement programs at the registered futures associations and DCMs regulated by the Commission are as shown in the following table: TABLE 2—SCHEDULE OF FEES 3-Year average volume (%) Adjusted volume costs 2017 Fee: lesser of actual or calculated fee CBOE Futures ................................................................................................. Chicago Board of Trade .................................................................................. Chicago Mercantile Exchange ......................................................................... ICE Futures U.S .............................................................................................. Minneapolis Grain Exchange ........................................................................... NADEX North American .................................................................................. New York Mercantile Exchange ...................................................................... One Chicago .................................................................................................... NASDAQ .......................................................................................................... ERIS Exchange ............................................................................................... NY LIFFE ......................................................................................................... ELX Futures ..................................................................................................... KCBT ............................................................................................................... $128,423 34,058 379,377 191,253 69,981 27,579 195,722 10,589 ........................ ........................ ........................ ........................ ........................ 1.31 29.61 44.66 9.22 0.05 0.14 14.49 0.29 0.21 0.01 ........................ ........................ ........................ $71,004 170,554 421,246 143,431 35,250 14,516 172,990 6,798 1,089 68 ........................ ........................ ........................ $71,004 34,058 379,377 143,431 35,250 14,516 172,990 6,798 ........................ ........................ ........................ ........................ ........................ Subtotal ..................................................................................................... National Futures Association ........................................................................... 1,036,981 325,281 100 ........................ 1,036,945 ........................ 857,423 325,281 Total ................................................................................................... amozie on DSK3GDR082PROD with NOTICES1 3-Year average actual costs 1,362,262 ........................ ........................ 1,182,704 III. Payment Method The Debt Collection Improvement Act (‘‘DCIA’’) requires deposits of fees owed to the government by electronic transfer of funds. See 31 U.S.C. 3720. For information about electronic payments, please contact Jennifer Fleming at (202) 418–5034 or jfleming@cftc.gov, or see the CFTC website at www.cftc.gov, specifically, www.cftc.gov/cftc/ cftcelectronicpayments.htm. Fees collected from each selfregulatory organization shall be deposited in the Treasury of the United VerDate Sep<11>2014 17:58 Jun 22, 2018 Jkt 244001 States as miscellaneous receipts. See 7 U.S.C. 16a. Issued in Washington, DC, on June 19, 2018, by the Commission. Christopher Kirkpatrick, Secretary of the Commission. [FR Doc. 2018–13511 Filed 6–22–18; 8:45 am] BILLING CODE 6351–01–P PO 00000 COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities: Notice of Intent To Renew Collection 3038–0021, Regulations Governing Bankruptcies of Commodity Brokers Commodity Futures Trading Commission. ACTION: Notice. AGENCY: The Commodity Futures Trading Commission (CFTC or SUMMARY: Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\25JNN1.SGM 25JNN1 29548 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Notices Commission) is announcing an opportunity for public comment on the proposed extension of the 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, and to allow 60 days for public comment. This notice solicits comments on the collection of information provided for by the Commission’s regulations governing bankruptcies of commodity brokers. Comments must be submitted on or before August 24, 2018. ADDRESSES: You may submit comments, identified by OMB Control No. 3038– 0021, by any of the following methods: • CFTC Comments Portal: https:// comments.cftc.gov. Select the ‘‘Submit Comments’’ link for this matter and follow the instructions on the Public Comment Form. • Mail: Send to Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581. • Hand Delivery/Courier: Follow the same instructions as for Mail, above. Please submit your comments using only one of these methods. To avoid possible delays with mail or in-person deliveries, submissions through the CFTC Comments Portal are encouraged. All comments must be submitted in English or, if not, accompanied by an English translation. Comments will be posted as received to https:// comments.cftc.gov. DATES: amozie on DSK3GDR082PROD with NOTICES1 FOR FURTHER INFORMATION CONTACT: Jocelyn Partridge, Special Counsel, Division of Clearing and Risk, Commodity Futures Trading Commission, (202) 418–5926; email: jpartridge@cftc.gov. 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. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. Section 3506(c)(2)(A) of the PRA, 44 U.S.C. 3506(c)(2)(A), requires Federal VerDate Sep<11>2014 17:58 Jun 22, 2018 Jkt 244001 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 extension of the collection of information listed below. Title: Regulations Governing Bankruptcies of Commodity Brokers (OMB Control No. 3038–0021). This is a request for an extension of a currently approved information collection.1 Abstract: This collection of information involves the reporting, recordkeeping, and third party disclosure requirements set forth in the CFTC’s bankruptcy regulations for commodity broker liquidations, 17 CFR part 190.2 These regulations apply to commodity broker liquidations under Chapter 7, Subchapter IV of the Bankruptcy Code.3 The reporting requirements include, for example, notices to the Commission regarding the filing of petitions for bankruptcy and notices to the Commission regarding the intention to transfer open commodity contracts in a commodity broker liquidation. The recordkeeping requirements include, for example, the statements of customer accounts that a trustee appointed for the purposes of a commodity broker liquidation (Trustee) must generate and adjust as set forth in the regulations. The third party disclosure requirements include, for example, the disclosure statement that a commodity broker must provide to its customers containing information regarding the manner in which customer property is treated under part 190 of the Commission’s regulations in the event of a bankruptcy and, in the event of a commodity broker liquidation, certain notices that a Trustee must provide to customers and to the persons to whom commodity contracts and specifically identifiable customer property have been or will be transferred. The information collection 1 There are two information collections now associated with OMB Control No. 3038–0021. The first includes the reporting, recordkeeping, and third party disclosure requirements applicable to a single respondent in a commodity broker liquidation (e.g., a single commodity broker or a single trustee) within the relevant time period provided for in Commission regulations 190.02(a)(1), 190.02(a)(2), 190.02(b)(1), 190.02(b)(2), 190.02(b)(4), 190.02(c), 190.03(a)(1), 190.03(a)(2), 190.04(b) and 190.06(b). The second information collection includes third party disclosure requirements that are applicable on a regular basis to multiple respondents (i.e., multiple futures commission merchants) provided for in Commission regulations 190.06(d) and 190.10(c). 2 These include the requirements contained in Commission regulations 190.02(a)(1), 190.02(a)(2), 190.02(b)(1), 190.02(b)(2), 190.02(b)(4), 190.02(c), 190.03(a)(1), 190.03(a)(2), 190.04(b), and 190.06(b). 3 11 U.S.C. 761 et seq. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 requirements are necessary, and will be used, to facilitate the effective, efficient, and fair conduct of liquidation proceedings for commodity brokers and to protect the interests of customers in these proceedings both directly and by facilitating the participation of the CFTC in such proceedings. With respect to the collections 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 the 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 (FOIA), 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:// comments.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 requirements 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 FOIA. Burden Statement: The Commission notes that commodity broker liquidations occur at unpredictable and irregular intervals when particular commodity brokers become insolvent. While a commodity broker liquidation has not occurred in the past three years, the Commission took the conservative approach of maintaining the assumption 4 17 E:\FR\FM\25JNN1.SGM CFR 145.9. 25JNN1 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Notices amozie on DSK3GDR082PROD with NOTICES1 contained in the previous renewal of this information collection that, on average, a commodity broker liquidation would occur every three years. The Commission generally has retained the burden hour estimates set forth in the previous information collection as there have been no interim experiences nor are there currently apparent circumstances that would warrant altering those estimates.5 The Commission further notes, however, that the information collection burden will vary in particular commodity broker liquidations depending on the size of the commodity broker, the extent to which accounts are able to be quickly transferred, and other factors specific to the circumstances of the liquidation. The respondent burden for this information collection is estimated to be as follows: 6 Reporting: 7 Estimated Number of Respondents: 1. Estimated Annual Number of Responses per Respondent: 1.33. Estimated Total Annual Number of Responses: 1.33. Estimated Annual Number of Burden Hours per Respondent: 1.33. Estimated Total Annual Burden Hours: 1.33. Type of Respondents: Commodity brokers, Trustees, and self-regulatory organizations. Frequency of Collection: On occasion. Recordkeeping: 8 Estimated Number of Respondents: 1. Estimated Annual Number of Responses per Respondent: 26,666.67. Estimated Total Annual Number of Responses: 26,666.67. Estimated Annual Number of Burden Hours per Respondent: 333.33. 5 The Commission has retained the burden hour estimates for each of the applicable regulations except that the Commission no longer assigns burden hours to the discretionary notice that a Trustee may provide to customers in an involuntary commodity broker liquidation pursuant to Commission regulation 190.02(b)(3). There have been no involuntary commodity broker liquidations and none are anticipated. Accordingly, continuing to assign burden hours to this voluntary requirement would inappropriately inflate the burden hours of this information collection. 6 Because a commodity broker liquidation is estimated to occur only once every three years, the previous information collection expressed the burden of the reporting, recordkeeping, and third party disclosure requirements in terms of the burden applicable to ‘‘.33’’ respondents in many cases. For clarity, this notice expresses such burdens in terms of those that would be imposed on one respondent during the three year period. While the applicable burden is expressed in a different way, as noted above, the burden hours generally remain unchanged. 7 The reporting requirements are contained in Commission regulations 190.02(a)(1), 190.02(a)(2), and 190.06(b). 8 The recordkeeping requirements are contained in Commission regulations 190.03(a)(1), 190.03(a)(2), and 190.04(b). VerDate Sep<11>2014 17:58 Jun 22, 2018 Jkt 244001 Estimated Total Annual Burden Hours: 333.33. Type of Respondents: Trustees. Frequency of Collection: Daily and on occasion. Third Party Disclosures Applicable to a Single Respondent: 9 Estimated Number of Respondents: 1. Estimated Annual Number of Responses per Respondent: 6,671.32. Estimated Total Annual Number of Responses: 6,671.32. Estimated Annual Number of Burden Hours per Respondent: 1,034.63. Estimated Total Annual Burden Hours: 1,034.63. Type of Respondents: Trustees. Frequency of Collection: On occasion. Third Party Disclosures Applicable to a Multiple Respondents: 10 Estimated Number of Respondents: 125. Estimated Annual Number of Responses per Respondent: 2,000. Estimated Total Annual Number of Responses: 250,000. Estimated Annual Number of Burden Hours per Respondent: 100. Estimated Total Annual Burden Hours: 12,500. Type of Respondents: Futures commission merchants. Frequency of Collection: On occasion. There are no new capital or start-up or operations costs associated with this information collection, nor are there any maintenance costs associated with this information collection. Authority: 44 U.S.C. 3501 et seq. Dated: June 20, 2018. Christopher Kirkpatrick, Secretary of the Commission. [FR Doc. 2018–13574 Filed 6–22–18; 8:45 am] BILLING CODE 6351–01–P DEPARTMENT OF DEFENSE Office of the Secretary Charter Renewal of Department of Defense Federal Advisory Committees Department of Defense. Renewal of federal advisory committee. AGENCY: ACTION: The Department of Defense (DoD) is publishing this notice to SUMMARY: 9 These third party disclosure requirements are contained in Commission regulations 190.02(b)(1), 190.02(b)(2), 190.02(b)(4), and 190.02(c). 10 See fn. 1. The Commission is setting forth a new information collection under OMB Control No. 3038–0021 to separately account for third party disclosure requirements provided for in Commission regulations 190.06(d) and 190.06(c) that are applicable on a regular basis to multiple respondents (i.e., multiple futures commission merchants). PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 29549 announce that it is renewing the charter for the Defense Business Board (‘‘the Board’’). FOR FURTHER INFORMATION CONTACT: Jim Freeman, Advisory Committee Management Officer for the Department of Defense, 703–692–5952. SUPPLEMENTARY INFORMATION: This committee’s charter is being renewed in accordance with the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended) and 41 CFR 102–3.50(d). The charter and contact information for the Designated Federal Officer (DFO) can be obtained at https://www.facadatabase.gov/. The Board provides independent advice on matters on DoD management, business processes, and governance from a private sector perspective. The Board shall be composed of no more than 25 members who must possess the following: (a) A proven track record of sound judgment and business acumen in leading or governing large, complex private sector corporations or organizations and (b) a wealth of toplevel, global business experience in the areas of executive management, corporate governance, audit and finance, human resources, economics, technology, or healthcare. Members of the Board who are not full-time or permanent part-time Federal officers or employees will be appointed as experts or consultants pursuant to 5 U.S.C. 3109 to serve as special government employee members. Members of the Board who are full-time or permanent part-time Federal officers or employees will be appointed pursuant to 41 CFR 102–3.130(a) to serve as regular government employee members. Each Board member is appointed to provide advice on the basis of their best judgment without representing any particular point of view and in a manner that is free from conflict of interest. Except for reimbursement of official Board-related travel and per diem, Board members serve without compensation. The DoD, as necessary and consistent with the Board’s mission and DoD policies and procedures, may establish subcommittees, task forces, or working groups to support the Board, and all subcommittees must operate under the provisions of FACA and the Government in the Sunshine Act. Subcommittees will not work independently of the Board and must report all recommendations and advice solely to the Board for full deliberation and discussion. Subcommittees, task forces, or working groups have no authority to make decisions and recommendations, verbally or in writing, on behalf of the Board. No E:\FR\FM\25JNN1.SGM 25JNN1

Agencies

[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Notices]
[Pages 29547-29549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13574]


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COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities: Notice of Intent To 
Renew Collection 3038-0021, Regulations Governing Bankruptcies of 
Commodity Brokers

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.

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SUMMARY: The Commodity Futures Trading Commission (CFTC or

[[Page 29548]]

Commission) is announcing an opportunity for public comment on the 
proposed extension of the 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, and to allow 60 days for public comment. 
This notice solicits comments on the collection of information provided 
for by the Commission's regulations governing bankruptcies of commodity 
brokers.

DATES: Comments must be submitted on or before August 24, 2018.

ADDRESSES: You may submit comments, identified by OMB Control No. 3038-
0021, by any of the following methods:
     CFTC Comments Portal: https://comments.cftc.gov. Select 
the ``Submit Comments'' link for this matter and follow the 
instructions on the Public Comment Form.
     Mail: Send to Christopher Kirkpatrick, Secretary of the 
Commission, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1155 21st Street NW, Washington, DC 20581.
     Hand Delivery/Courier: Follow the same instructions as for 
Mail, above.
    Please submit your comments using only one of these methods. To 
avoid possible delays with mail or in-person deliveries, submissions 
through the CFTC Comments Portal are encouraged. All comments must be 
submitted in English or, if not, accompanied by an English translation. 
Comments will be posted as received to https://comments.cftc.gov.

FOR FURTHER INFORMATION CONTACT: Jocelyn Partridge, Special Counsel, 
Division of Clearing and Risk, Commodity Futures Trading Commission, 
(202) 418-5926; 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. 
An agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a valid OMB 
control number. 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 
extension of the collection of information listed below.
    Title: Regulations Governing Bankruptcies of Commodity Brokers (OMB 
Control No. 3038-0021). This is a request for an extension of a 
currently approved information collection.\1\
---------------------------------------------------------------------------

    \1\ There are two information collections now associated with 
OMB Control No. 3038-0021. The first includes the reporting, 
recordkeeping, and third party disclosure requirements applicable to 
a single respondent in a commodity broker liquidation (e.g., a 
single commodity broker or a single trustee) within the relevant 
time period provided for in Commission regulations 190.02(a)(1), 
190.02(a)(2), 190.02(b)(1), 190.02(b)(2), 190.02(b)(4), 190.02(c), 
190.03(a)(1), 190.03(a)(2), 190.04(b) and 190.06(b). The second 
information collection includes third party disclosure requirements 
that are applicable on a regular basis to multiple respondents 
(i.e., multiple futures commission merchants) provided for in 
Commission regulations 190.06(d) and 190.10(c).
---------------------------------------------------------------------------

    Abstract: This collection of information involves the reporting, 
recordkeeping, and third party disclosure requirements set forth in the 
CFTC's bankruptcy regulations for commodity broker liquidations, 17 CFR 
part 190.\2\ These regulations apply to commodity broker liquidations 
under Chapter 7, Subchapter IV of the Bankruptcy Code.\3\
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    \2\ These include the requirements contained in Commission 
regulations 190.02(a)(1), 190.02(a)(2), 190.02(b)(1), 190.02(b)(2), 
190.02(b)(4), 190.02(c), 190.03(a)(1), 190.03(a)(2), 190.04(b), and 
190.06(b).
    \3\ 11 U.S.C. 761 et seq.
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    The reporting requirements include, for example, notices to the 
Commission regarding the filing of petitions for bankruptcy and notices 
to the Commission regarding the intention to transfer open commodity 
contracts in a commodity broker liquidation. The recordkeeping 
requirements include, for example, the statements of customer accounts 
that a trustee appointed for the purposes of a commodity broker 
liquidation (Trustee) must generate and adjust as set forth in the 
regulations. The third party disclosure requirements include, for 
example, the disclosure statement that a commodity broker must provide 
to its customers containing information regarding the manner in which 
customer property is treated under part 190 of the Commission's 
regulations in the event of a bankruptcy and, in the event of a 
commodity broker liquidation, certain notices that a Trustee must 
provide to customers and to the persons to whom commodity contracts and 
specifically identifiable customer property have been or will be 
transferred. The information collection requirements are necessary, and 
will be used, to facilitate the effective, efficient, and fair conduct 
of liquidation proceedings for commodity brokers and to protect the 
interests of customers in these proceedings both directly and by 
facilitating the participation of the CFTC in such proceedings.
    With respect to the collections 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 the 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 
(FOIA), 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.\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://comments.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 requirements 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 FOIA.
---------------------------------------------------------------------------

    \4\ 17 CFR 145.9.
---------------------------------------------------------------------------

    Burden Statement: The Commission notes that commodity broker 
liquidations occur at unpredictable and irregular intervals when 
particular commodity brokers become insolvent. While a commodity broker 
liquidation has not occurred in the past three years, the Commission 
took the conservative approach of maintaining the assumption

[[Page 29549]]

contained in the previous renewal of this information collection that, 
on average, a commodity broker liquidation would occur every three 
years. The Commission generally has retained the burden hour estimates 
set forth in the previous information collection as there have been no 
interim experiences nor are there currently apparent circumstances that 
would warrant altering those estimates.\5\ The Commission further 
notes, however, that the information collection burden will vary in 
particular commodity broker liquidations depending on the size of the 
commodity broker, the extent to which accounts are able to be quickly 
transferred, and other factors specific to the circumstances of the 
liquidation.
---------------------------------------------------------------------------

    \5\ The Commission has retained the burden hour estimates for 
each of the applicable regulations except that the Commission no 
longer assigns burden hours to the discretionary notice that a 
Trustee may provide to customers in an involuntary commodity broker 
liquidation pursuant to Commission regulation 190.02(b)(3). There 
have been no involuntary commodity broker liquidations and none are 
anticipated. Accordingly, continuing to assign burden hours to this 
voluntary requirement would inappropriately inflate the burden hours 
of this information collection.
---------------------------------------------------------------------------

    The respondent burden for this information collection is estimated 
to be as follows: \6\
---------------------------------------------------------------------------

    \6\ Because a commodity broker liquidation is estimated to occur 
only once every three years, the previous information collection 
expressed the burden of the reporting, recordkeeping, and third 
party disclosure requirements in terms of the burden applicable to 
``.33'' respondents in many cases. For clarity, this notice 
expresses such burdens in terms of those that would be imposed on 
one respondent during the three year period. While the applicable 
burden is expressed in a different way, as noted above, the burden 
hours generally remain unchanged.
---------------------------------------------------------------------------

    Reporting: \7\
---------------------------------------------------------------------------

    \7\ The reporting requirements are contained in Commission 
regulations 190.02(a)(1), 190.02(a)(2), and 190.06(b).
---------------------------------------------------------------------------

    Estimated Number of Respondents: 1.
    Estimated Annual Number of Responses per Respondent: 1.33.
    Estimated Total Annual Number of Responses: 1.33.
    Estimated Annual Number of Burden Hours per Respondent: 1.33.
    Estimated Total Annual Burden Hours: 1.33.
    Type of Respondents: Commodity brokers, Trustees, and self-
regulatory organizations.
    Frequency of Collection: On occasion.
    Recordkeeping: \8\
---------------------------------------------------------------------------

    \8\ The recordkeeping requirements are contained in Commission 
regulations 190.03(a)(1), 190.03(a)(2), and 190.04(b).
---------------------------------------------------------------------------

    Estimated Number of Respondents: 1.
    Estimated Annual Number of Responses per Respondent: 26,666.67.
    Estimated Total Annual Number of Responses: 26,666.67.
    Estimated Annual Number of Burden Hours per Respondent: 333.33.
    Estimated Total Annual Burden Hours: 333.33.
    Type of Respondents: Trustees.
    Frequency of Collection: Daily and on occasion.
    Third Party Disclosures Applicable to a Single Respondent: \9\
---------------------------------------------------------------------------

    \9\ These third party disclosure requirements are contained in 
Commission regulations 190.02(b)(1), 190.02(b)(2), 190.02(b)(4), and 
190.02(c).
---------------------------------------------------------------------------

    Estimated Number of Respondents: 1.
    Estimated Annual Number of Responses per Respondent: 6,671.32.
    Estimated Total Annual Number of Responses: 6,671.32.
    Estimated Annual Number of Burden Hours per Respondent: 1,034.63.
    Estimated Total Annual Burden Hours: 1,034.63.
    Type of Respondents: Trustees.
    Frequency of Collection: On occasion.
    Third Party Disclosures Applicable to a Multiple Respondents: \10\
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    \10\ See fn. 1. The Commission is setting forth a new 
information collection under OMB Control No. 3038-0021 to separately 
account for third party disclosure requirements provided for in 
Commission regulations 190.06(d) and 190.06(c) that are applicable 
on a regular basis to multiple respondents (i.e., multiple futures 
commission merchants).
---------------------------------------------------------------------------

    Estimated Number of Respondents: 125.
    Estimated Annual Number of Responses per Respondent: 2,000.
    Estimated Total Annual Number of Responses: 250,000.
    Estimated Annual Number of Burden Hours per Respondent: 100.
    Estimated Total Annual Burden Hours: 12,500.
    Type of Respondents: Futures commission merchants.
    Frequency of Collection: On occasion.
    There are no new capital or start-up or operations costs associated 
with this information collection, nor are there any maintenance costs 
associated with this information collection.

    Authority:  44 U.S.C. 3501 et seq.

    Dated: June 20, 2018.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2018-13574 Filed 6-22-18; 8:45 am]
 BILLING CODE 6351-01-P
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