Agency Information Collection Activities Under OMB Review, 44029-44031 [2018-18742]
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Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices
Notice of solicitation for
members of the NOAA Science
Advisory Board.
ACTION:
NOAA is soliciting
nominations for members of the NOAA
Science Advisory Board (SAB). The
SAB is the only Federal Advisory
Committee with the responsibility to
advise the Under Secretary of
Commerce for Oceans, Atmosphere, and
NOAA Administrator on long- and
short-range strategies for research,
education, and application of science to
resource management and
environmental assessment and
prediction. The SAB consists of
approximately fifteen members
reflecting the full breadth of NOAA’s
areas of responsibility and assists
NOAA in maintaining a complete and
accurate understanding of scientific
issues critical to the agency’s missions.
DATES: Nominations should be sent to
the web address specified below and
must be received by October 15, 2018.
ADDRESSES: Applications should be
submitted electronically to
noaa.sab.newmembers@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Cynthia Decker, Executive Director,
Science Advisory Board, NOAA, Rm.
11230, 1315 East-West Highway, Silver
Spring, Maryland 20910. (Phone: 301–
734–1156, Fax: 301–713–1459, Email:
Cynthia.Decker@noaa.gov); or visit the
NOAA SAB website at https://
www.sab.noaa.gov.
SUPPLEMENTARY INFORMATION: At this
time, individuals are sought with
expertise in cloud computing, artificial
intelligence and data management;
weather modeling and data assimilation;
remote/autonomous sensing technology;
ocean exploration science and
technology; and ‘omics science.
Individuals with expertise in other
NOAA mission areas are also welcome
to apply.
Composition and Points of View: The
Board will consist of approximately
fifteen members, including a Chair,
designated by the Under Secretary in
accordance with FACA requirements.
Members will be appointed for threeyear terms, renewable once, and serve at
the discretion of the Under Secretary. If
a member resigns before the end of his
or her first term, the vacancy
appointment shall be for the remainder
of the unexpired term, and shall be
renewable twice if the unexpired term is
less than one year. Members will be
appointed as special government
employees (SGEs) and will be subject to
the ethical standards applicable to
SGEs. Members are reimbursed for
actual and reasonable travel and per
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SUMMARY:
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diem expenses incurred in performing
such duties but will not be reimbursed
for their time. As a Federal Advisory
Committee, the Board’s membership is
required to be balanced in terms of
viewpoints represented and the
functions to be performed as well as the
interests of geographic regions of the
country and the diverse sectors of U.S.
society.
The SAB meets in person three times
each year, exclusive of teleconferences
or subcommittee, task force, and
working group meetings. Board
members must be willing to serve as
liaisons to SAB working groups and/or
participate in periodic reviews of the
NOAA Cooperative Institutes and
overarching reviews of NOAA’s research
enterprise.
Nominations: Interested persons may
nominate themselves or third parties.
Applications: An application is
required to be considered for Board
membership, regardless of whether a
person is nominated by a third party or
self-nominated. The application package
must include: (1) The nominee’s full
name, title, institutional affiliation, and
contact information; (2) the nominee’s
area(s) of expertise; (3) a short
description of his/her qualifications
relative to the kinds of advice being
solicited by NOAA in this Notice; and
(4) a current resume (maximum length
four [4] pages).
Dated: August 23, 2018.
David Holst,
Chief Financial Officer/Administrative
Officer, Office of Oceanic and Atmospheric
Research, National Oceanic and Atmospheric
Administration.
[FR Doc. 2018–18663 Filed 8–28–18; 8:45 am]
BILLING CODE 3510–KD–P
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
44029
FOR FURTHER INFORMATION CONTACT:
Anne T. Mendez at (571) 272–6173.
The
membership of the United States Patent
and Trademark Office Performance
Review Board is as follows:
Anthony P. Scardino, Chair, Acting
Deputy Under Secretary of Commerce
for Intellectual Property and Acting
Deputy Director of the United States
Patent and Trademark Office
Frederick W. Steckler, Vice Chair, Chief
Administrative Officer, United States
Patent and Trademark Office
Andrew H. Hirshfeld, Commissioner for
Patents, United States Patent and
Trademark Office
Mary Boney Denison, Commissioner for
Trademarks, United States Patent and
Trademark Office
Sean M. Mildrew, Acting Chief
Financial Officer, United States Patent
and Trademark Office
David Chiles, Acting Chief Information
Officer, United States Patent and
Trademark Office
Sarah T. Harris, General Counsel,
United States Patent and Trademark
Office
Shira Perlmutter, Chief Policy Officer
and Director for International Affairs,
United States Patent and Trademark
Office
SUPPLEMENTARY INFORMATION:
Alternates
Meryl L. Hershkowitz, Deputy
Commissioner for Trademark
Operations, United States Patent and
Trademark Office
Andrew I. Faile, Deputy Commissioner
for Patent Operations, United States
Patent and Trademark Office
Dated: August 21, 2018.
Andrei Iancu,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2018–18703 Filed 8–28–18; 8:45 am]
BILLING CODE 3510–18–P
[Docket No. PTO–C–2018–0049]
Performance Review Board (PRB)
United States Patent and
Trademark Office, Commerce.
ACTION: Notice.
AGENCY:
In conformance with the Civil
Service Reform Act of 1978, the United
States Patent and Trademark Office
announces the appointment of persons
to serve as members of its Performance
Review Board.
ADDRESSES: Director, Human Capital
Management, Office of Human
Resources, United States Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450.
SUMMARY:
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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 of 1995
(‘‘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
SUMMARY:
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44030
Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices
ICR describes the nature of the
information collection and its expected
costs and burden.
DATES: Comments must be submitted on
or before September 28, 2018.
ADDRESSES: Comments regarding the
burden estimate or any other aspect of
the information collection, including
suggestions for reducing the burden,
may be submitted directly to the Office
of Information and Regulatory Affairs
(‘‘OIRA’’) in OMB, within 30 days of the
publication of this notice, by either of
the following methods. Please identify
the comments by ‘‘OMB Control No
3038–0021.’’
• By email addressed to:
OIRAsubmissions@omb.eop.gov or
• 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 any of the following
methods. The copies sent to the
Commission also should refer to ‘‘OMB
Control No. 3038–0021.’’
• 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.
A copy of the supporting statement
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, prescreen, filter, redact, refuse or remove
1 17
CFR 145.9.
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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:
Jocelyn Partridge, Special Counsel,
Division of Clearing and Risk,
Commodity Futures Trading
Commission, (202) 418–5926; email:
jpartridge@cftc.gov.
SUPPLEMENTARY INFORMATION:
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.2
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 190.3 These regulations apply to
commodity broker liquidations under
Chapter 7, Subchapter IV of the
Bankruptcy Code.4
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
2 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 that
are 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 the third party
disclosure requirements provided for in
Commission regulations 190.06(d) and 190.10(c)
which are applicable on a regular basis to multiple
respondents (i.e., multiple futures commission
merchants).
3 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), 190.06(b),
190.06(d), and 190.10(c).
4 11 U.S.C. 761 et seq.
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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.
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
number. On June 25, 2018, the
Commission published in the Federal
Register notice of the proposed
extension of this information collection
and provided 60 days for public
comment on the proposed extension, 83
FR 29547, June 25, 2018 (‘‘60-Day
Notice’’). The Commission did not
receive any relevant comments.
Accordingly, it did not alter the burden
estimates set forth in the 60-Day Notice
in response to comments received.5
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
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 that
would warrant altering those estimates.6
5 As noted below, the Commission reduced the
burden hours associated with the third party
disclosures applicable to multiple respondents
because the required documents are standardized
and unchanged from the prior renewal.
Accordingly, the time that the average respondent
would spend drafting and sending the notice and
disclosure is minimal. See infra fn.6.
6 The Commission has retained the burden hour
estimates for the applicable regulations with two
limited exceptions. First, 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
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Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices
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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: 7
• Reporting: 8
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: 9
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.
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.
Second, the Commission has reduced the burden
hours assigned to the third party disclosure
requirements that are applicable to multiple
respondents (as set forth in Commission regulations
190.06(d) and 190.10(c)). The notice and disclosure
required by these regulations, respectively, are
standardized and unchanged from the prior
renewal. Accordingly, the time that the average
respondent would spend drafting and sending the
notice and disclosure is minimal.
7 Because a commodity broker liquidation is
estimated to occur only once every three years, the
previous information collection, in many cases,
expressed the burden of the reporting,
recordkeeping, and third party disclosure
requirements in terms of the burden applicable to
‘‘.33’’ respondents. 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.
8 The reporting requirements are contained in
Commission regulations 190.02(a)(1), 190.02(a)(2),
and 190.06(b).
9 The recordkeeping requirements are contained
in Commission regulations 190.03(a)(1),
190.03(a)(2), and 190.04(b).
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• Third Party Disclosures Applicable
to a Single Respondent: 10
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 Multiple Respondents: 11
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: 40.
Estimated Total Annual Burden
Hours: 2,500.
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: August 24, 2018.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2018–18742 Filed 8–28–18; 8:45 am]
BILLING CODE 6351–01–P
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
Privacy Act of 1974; Matching Program
Corporation for National and
Community Service.
ACTION: Notice of computer matching
program between the Corporation for
National and Community Service and
the Social Security Administration.
AGENCY:
In accordance with the
Privacy Act of 1974, as amended by the
Computer Matching and Privacy
Protection Act of 1988, OMB Final
Guidance Interpreting the Provisions of
SUMMARY:
10 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).
11 See fn. 1. The Commission is setting forth a
new information collection under OMB Control No.
3038–0021 to separately account for the 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
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44031
the Computer Matching and Privacy
Protection Act of 1988, and the Serve
America Act, the Corporation for
National and Community Service
(CNCS) is issuing public notice of its
renewal of its computer matching
agreement with the Social Security
Administration (SSA).
DATES: You may submit comments until
September 28, 2018.
ADDRESSES: You may submit comments
identified by the title of the information
collection activity, by any of the
following methods.
(1) By mail send to: Corporation for
National and Community Service,
Attention: Amy Borgstrom, Associate
Director for Policy, 250 E Street SW,
Washington, DC 20525.
(2) By email to: aborgstrom@cns.gov.
(3) Individuals who use a
telecommunications device for the deaf
(TTY–TDD) may call (202) 606–3472
between 8:30 a.m. and 5:00 p.m. Eastern
Time, Monday through Friday.
FOR FURTHER INFORMATION CONTACT:
Amy Borgstrom, Associate Director for
Policy, (202) 606–6930 or aborgstrom@
cns.gov.
SUPPLEMENTARY INFORMATION: The
Privacy Act of 1974 (5 U.S.C. 552a), as
amended by the Computer Matching
and Privacy Protection Act of 1988 (Pub.
L. 100–503), regulates the use of
computer matching agreements by
federal agencies when records in a
system of records are matched with
other federal, state, or local government
records. Among other things, it requires
federal agencies involved in computer
matching agreements to publish a notice
in the Federal Register regarding the
establishment of a computer matching
agreement. The SSA will conduct a
computer match with CNCS to verify
Social Security numbers (SSN) and
provide the citizenship status, as
recorded in SSA records, of individuals
applying to serve in approved national
service positions and those designated
to receive national service education
awards under the National and
Community Service Act of 1990
(NCSA). 42 U.S.C. 12501, et seq.
Inclusive Dates of the Matching
Program
This renewed matching program will
continue for 18 months after the
effective date and may be extended for
an additional 12 months thereafter, if
the conditions specified in 5 U.S.C.
552a(o)(2)(A) and OMB Circular A–108
(December 23, 2016) have been met. In
order to renew this agreement, both
CNCS and SSA must certify to their
respective Data Integrity Boards that: (1)
The matching program will be
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]]>Agencies
[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)]
[Notices]
[Pages 44029-44031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18742]
=======================================================================
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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 of 1995
(``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
[[Page 44030]]
ICR describes the nature of the information collection and its expected
costs and burden.
DATES: Comments must be submitted on or before September 28, 2018.
ADDRESSES: Comments regarding the burden estimate or any other aspect
of the information collection, including suggestions for reducing the
burden, may be submitted directly to the Office of Information and
Regulatory Affairs (``OIRA'') in OMB, within 30 days of the publication
of this notice, by either of the following methods. Please identify the
comments by ``OMB Control No 3038-0021.''
By email addressed to: [email protected] or
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 any of the
following methods. The copies sent to the Commission also should refer
to ``OMB Control No. 3038-0021.''
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.
A copy of the supporting statement 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\ 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.
---------------------------------------------------------------------------
\1\ 17 CFR 145.9.
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:
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.\2\
---------------------------------------------------------------------------
\2\ 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 that are 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 the third party disclosure
requirements provided for in Commission regulations 190.06(d) and
190.10(c) which are applicable on a regular basis to multiple
respondents (i.e., multiple futures commission merchants).
---------------------------------------------------------------------------
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.\3\ These regulations apply to commodity broker liquidations
under Chapter 7, Subchapter IV of the Bankruptcy Code.\4\
---------------------------------------------------------------------------
\3\ 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), 190.06(b), 190.06(d), and 190.10(c).
\4\ 11 U.S.C. 761 et seq.
---------------------------------------------------------------------------
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.
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 number. On June 25, 2018, the Commission published
in the Federal Register notice of the proposed extension of this
information collection and provided 60 days for public comment on the
proposed extension, 83 FR 29547, June 25, 2018 (``60-Day Notice''). The
Commission did not receive any relevant comments. Accordingly, it did
not alter the burden estimates set forth in the 60-Day Notice in
response to comments received.\5\
---------------------------------------------------------------------------
\5\ As noted below, the Commission reduced the burden hours
associated with the third party disclosures applicable to multiple
respondents because the required documents are standardized and
unchanged from the prior renewal. Accordingly, the time that the
average respondent would spend drafting and sending the notice and
disclosure is minimal. See infra fn.6.
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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 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 that would warrant altering those estimates.\6\
[[Page 44031]]
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.
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\6\ The Commission has retained the burden hour estimates for
the applicable regulations with two limited exceptions. First, 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. Second, the Commission has reduced the burden hours
assigned to the third party disclosure requirements that are
applicable to multiple respondents (as set forth in Commission
regulations 190.06(d) and 190.10(c)). The notice and disclosure
required by these regulations, respectively, are standardized and
unchanged from the prior renewal. Accordingly, the time that the
average respondent would spend drafting and sending the notice and
disclosure is minimal.
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The respondent burden for this information collection is estimated
to be as follows: \7\
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\7\ Because a commodity broker liquidation is estimated to occur
only once every three years, the previous information collection, in
many cases, expressed the burden of the reporting, recordkeeping,
and third party disclosure requirements in terms of the burden
applicable to ``.33'' respondents. 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.
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Reporting: \8\
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\8\ The reporting requirements are contained in Commission
regulations 190.02(a)(1), 190.02(a)(2), and 190.06(b).
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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: \9\
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\9\ The recordkeeping requirements are contained in Commission
regulations 190.03(a)(1), 190.03(a)(2), and 190.04(b).
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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:
\10\
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\10\ 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).
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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 Multiple
Respondents: \11\
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\11\ See fn. 1. The Commission is setting forth a new
information collection under OMB Control No. 3038-0021 to separately
account for the 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).
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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: 40.
Estimated Total Annual Burden Hours: 2,500.
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: August 24, 2018.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2018-18742 Filed 8-28-18; 8:45 am]
BILLING CODE 6351-01-P
