Agency Information Collection Activities: Notice of Intent To Extend Collection 3038-0091: Disclosure and Retention of Certain Information Relating to Cleared Swaps Customer Collateral, 43547-43548 [2020-15466]

Download as PDF Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities: Notice of Intent To Extend Collection 3038–0091: Disclosure and Retention of Certain Information Relating to Cleared Swaps Customer Collateral Commodity Futures Trading Commission. ACTION: Notice. AGENCY: The Commodity Futures Trading Commission (CFTC) is announcing an opportunity for public comment on the proposed renewal of a collection of certain information by the agency. Under the Paperwork Reduction Act (‘‘PRA’’), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including proposed extension of an existing collection of information, and to allow 60 days for public comment. This notice solicits comments on proposed extension of the existing collection of information relating to Cleared Swaps Customer Collateral. DATES: Comments must be submitted on or before September 15, 2020. ADDRESSES: You may submit comments, identified by OMB Control No. 3038– 0091 by any of the following methods: • The Agency’s Website, at http:// comments.cftc.gov/. Follow the instructions for submitting comments through the website. • Mail: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581. • Hand Delivery/Courier: Same as Mail above. Please submit your comments using only one method and identify that it is for the renewal of Collection Number 3038–0091. All comments must be submitted in English, or if not, accompanied by an English translation. Comments will be posted as received to https://www.cftc.gov. FOR FURTHER INFORMATION CONTACT: Mark Bretscher, Special Counsel, Division of Swap Dealers and Intermediary Oversight, Commodity Futures Trading Commission, (312) 353–0529; email: mbretscher@cftc.gov. SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501 et seq., Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 ‘‘Collection of Information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3 and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA, 44 U.S.C. 3506(c)(2)(A), requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, the CFTC is publishing notice of the proposed extension of an existing collection of information listed below. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Title: Disclosure and Retention of Certain Information Relating to Cleared Swaps Customer Collateral (OMB Control No. 3038–0091). This is a request for an extension of a currently approved information collection. Abstract: Section 724(a) of the DoddFrank Wall Street Reform and Consumer Protection Act, Public Law 111–023, 124 stat. 1376, amended the Commodity Exchange Act (‘‘CEA’’), 7 U.S.C. 1 et seq., to add, as section 4d(f) thereof, provisions concerning the protection of collateral provided by a Cleared Swaps Customer to margin, guaranty, or secure a swap cleared by or through a derivatives clearing organization (‘‘DCO’’). Broadly speaking, in cleared swaps transactions customers provide collateral to futures commission merchants (‘‘FCMs’’) through whom they clear their transactions. FCMs, in turn, may provide customer collateral to DCOs, through which FCMs clear transactions for their customers. 17 CFR part 22 is intended to implement CEA section 4d(f). Several of the sections of Part 22 require collections of information. Section 22.2(g) requires each FCM with Cleared Swaps Customer Accounts to compute daily the amount of Cleared Swaps Customer Collateral on deposit in Cleared Swaps Customer Accounts, the amount of such collateral required to be on deposit in such accounts and the amount of the FCM’s residual financial interest in such accounts. The purpose of this collection of information is to help ensure that FCMs’ Cleared Swaps Customer Accounts are in compliance at all times with statutory and regulatory requirements for such accounts. Section 22.5(a) requires an FCM or DCO to obtain, from each depository PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 43547 with which it deposits cleared swaps customer funds, a letter acknowledging that such funds belong to the Cleared Swaps Customers of the FCM, and not the FCM itself or any other person. The purpose of this collection of information is to confirm that the depository understands its responsibilities with respect to protection of cleared swaps customer funds. Section 22.11 requires each FCM that intermediates cleared swaps for customers on or subject to the rules of a DCO, whether directly as a clearing member or indirectly through a Collecting FCM, to provide the DCO with information sufficient to identify each customer of the FCM whose swaps are cleared by the FCM. Section 22.11 also requires the FCM, at least once daily, to provide the DCO with information sufficient to identify each customer’s portfolio of rights and obligations arising out of cleared swaps intermediated by the FCM. The purpose of this collection of information is to facilitate risk management by DCOs in the event of default by the FCM, to enable DCOs to perform their duty, pursuant to section 22.15, to treat the collateral attributed to each customer of the FCM on an individual basis. Section 22.12 requires that each DCO and FCM, on a daily basis, calculate, based on information received pursuant to section 22.11 and on information generated and used in the ordinary course of business by the DCO or FCM, and record certain information about the amount of collateral required for each Cleared Swaps Customer and the sum of these amounts. As with section 22.11, the purpose of this collection of information is to facilitate risk management by DCOs and in the event of default by the FCM, to enable DCOs to perform their duty, pursuant to section 22.15, to treat the collateral attributed to each customer of the FCM on an individual basis. Section 22.16 requires that each FCM who has Cleared Swaps Customers disclose to each of such customers the governing provisions, as established by DCO rules or customer agreements between collecting and depositing FCMs, relating to use of customer collateral, transfer, neutralization of the risks, or liquidation of cleared swaps in the event of a default by a Depositing FCM relating to a Cleared Swaps Customer Account. The purpose of this collection of information is to ensure that Cleared Swaps Customers are informed of the procedures to which accounts containing their swaps collateral may be subject in the event of a default by their FCM. E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43548 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices Section 22.17 requires that each FCM produce a written notice of the reasons and the details concerning withdrawals from a Cleared Swaps Customers Account not for the benefit of Cleared Swap Customers if such withdrawal will exceed 25% of the FCMs residual interest in such account. With respect to the collection of information, the CFTC invites comments on: • Whether the proposed extension of 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 collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology; e.g., permitting electronic submission of responses. You should submit only information that you wish to make available publicly. If you wish the Commission to consider information that you believe is exempt from disclosure under the Freedom of Information Act, a petition for confidential treatment of the exempt information may be submitted according to the procedures established in § 145.9 of the Commission’s regulations.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. Burden Statement: The Commission is revising its estimate of the burden for this collection for 78 respondents (63 FCMs and 15 DCOs). The respondent burden for this collection is estimated to be as follows: Estimated Number of Respondents: 78. 1 17 CFR 145.9. VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 Estimated Average Burden Hours per Respondent: 331. Estimated Total Annual Burden Hours: 25,890. Frequency of Collection: Section 22.2(g)—Daily. Section 22.5(a)—Once. Section 22.11—Daily. Section 22.12— Daily. Section 22.16—Once. Section 22.17—On occasion. There is no capital cost associated with this collection. (Authority: 44 U.S.C. 3501 et seq.) Dated: July 14, 2020. Robert Sidman, Deputy Secretary of the Commission. [FR Doc. 2020–15466 Filed 7–16–20; 8:45 am] BILLING CODE 6351–01–P CONSUMER PRODUCT SAFETY COMMISSION Public Availability of Consumer Product Safety Commission FY 2017 and 2018 Service Contract Inventories Consumer Product Safety Commission. ACTION: Notice. AGENCY: The Consumer Product Safety Commission (CPSC), in accordance with section 743(c) of Division C of the Consolidated Appropriations Act, 2010, is announcing the availability of CPSC’s service contract inventories for fiscal years (FYs) 2017 and 2018. The inventories provide information on service contract actions exceeding $25,000 that CPSC made in FYs 2017 and 2018. FOR FURTHER INFORMATION CONTACT: Eddie Ahmad, Procurement Analyst, Division of Procurement Services, Division of Procurement Services, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814. Telephone: 301–504–7884; email: aahmad@cpsc.gov. SUPPLEMENTARY INFORMATION: On December 16, 2009, the Consolidated Appropriations Act, 2010, Public Law 111–117, 123 Stat. 3034, 3216, (Consolidated Appropriations Act) became law. Section 743(a) of the Consolidated Appropriations Act, titled, ‘‘Service Contract Inventory Requirement,’’ requires agencies to submit to the Office of Management and Budget (OMB), an annual inventory of service contracts awarded or extended through the exercise of an option on or after April 1, 2010, and describes the contents of the inventory. The contents of the inventory must include: (A) A description of the services purchased by the executive agency and the role the services played in achieving SUMMARY: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 agency objectives, regardless of whether such a purchase was made through a contract or task order; (B) The organizational component of the executive agency administering the contract, and the organizational component of the agency whose requirements are being met through contractor performance of the service; (C) The total dollar amount obligated for services under the contract and the funding source for the contract; (D) The total dollar amount invoiced for services under the contract; (E) The contract type and date of award; (F) The name of the contractor and place of performance; (G) The number and work location of contractor and subcontractor employees, expressed as full-time equivalents for direct labor, compensated under the contract; (H) Whether the contract is a personal services contract; and (I) Whether the contract was awarded on a noncompetitive basis, regardless of date of award. Section 743(a)(3)(A) through (I) of the Consolidated Appropriations Act. Section 743(c) of the Consolidated Appropriations Act requires agencies to ‘‘publish in the Federal Register a notice that the inventory is available to the public.’’ Consequently, through this notice, we are announcing that the CPSC’s service contract inventories for FYs 2017 and 2018 are available to the public. The inventories provide information on service contract actions of more than $25,000 that CPSC made in FYs 2017 and 2018. The information is organized by function to show how contracted resources are distributed throughout the CPSC. OMB posted a consolidated government-wide Service Contract Inventory for FYs 2017 and 2018 at: https://www.acquisition.gov/servicecontract-inventory. You can access CPSC’s inventories by limiting the ‘‘Contracting Agency Name’’ field on each spreadsheet to ‘‘Consumer Product Safety Commission.’’ Additionally, CPSC’s Division of Procurement Services has posted FY 2016 and 2017 inventory analyses, along with other related materials required by OMB, on CPSC’s homepage at the following link: https://www.cpsc.gov/ Agency-Reports/Service-ContractInventory. The FY 2016 and 2017 inventory analyses were developed in accordance with guidance issued on October 17, 2016 by the Office of E:\FR\FM\17JYN1.SGM 17JYN1

Agencies

[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Notices]
[Pages 43547-43548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15466]



[[Page 43547]]

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COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities: Notice of Intent To 
Extend Collection 3038-0091: Disclosure and Retention of Certain 
Information Relating to Cleared Swaps Customer Collateral

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commodity Futures Trading Commission (CFTC) is announcing 
an opportunity for public comment on the proposed renewal of a 
collection of certain information by the agency. Under the Paperwork 
Reduction Act (``PRA''), Federal agencies are required to publish 
notice in the Federal Register concerning each proposed collection of 
information, including proposed extension of an existing collection of 
information, and to allow 60 days for public comment. This notice 
solicits comments on proposed extension of the existing collection of 
information relating to Cleared Swaps Customer Collateral.

DATES: Comments must be submitted on or before September 15, 2020.

ADDRESSES: You may submit comments, identified by OMB Control No. 3038-
0091 by any of the following methods:
     The Agency's Website, at http://comments.cftc.gov/. Follow 
the instructions for submitting comments through the website.
     Mail: Christopher Kirkpatrick, Secretary of the 
Commission, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1155 21st Street NW, Washington, DC 20581.
     Hand Delivery/Courier: Same as Mail above.
    Please submit your comments using only one method and identify that 
it is for the renewal of Collection Number 3038-0091. All comments must 
be submitted in English, or if not, accompanied by an English 
translation. Comments will be posted as received to https://www.cftc.gov.

FOR FURTHER INFORMATION CONTACT: Mark Bretscher, Special Counsel, 
Division of Swap Dealers and Intermediary Oversight, Commodity Futures 
Trading Commission, (312) 353-0529; email: [email protected].

SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501 et seq., 
Federal agencies must obtain approval from the Office of Management and 
Budget (OMB) for each collection of information they conduct or 
sponsor. ``Collection of Information'' is defined in 44 U.S.C. 3502(3) 
and 5 CFR 1320.3 and includes agency requests or requirements that 
members of the public submit reports, keep records, or provide 
information to a third party. Section 3506(c)(2)(A) of the PRA, 44 
U.S.C. 3506(c)(2)(A), requires Federal agencies to provide a 60-day 
notice in the Federal Register concerning each proposed collection of 
information, including each proposed extension of an existing 
collection of information, before submitting the collection to OMB for 
approval. To comply with this requirement, the CFTC is publishing 
notice of the proposed extension of an existing collection of 
information listed below. An agency may not conduct or sponsor, and a 
person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number.
    Title: Disclosure and Retention of Certain Information Relating to 
Cleared Swaps Customer Collateral (OMB Control No. 3038-0091). This is 
a request for an extension of a currently approved information 
collection.
    Abstract: Section 724(a) of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act, Public Law 111-023, 124 stat. 1376, amended 
the Commodity Exchange Act (``CEA''), 7 U.S.C. 1 et seq., to add, as 
section 4d(f) thereof, provisions concerning the protection of 
collateral provided by a Cleared Swaps Customer to margin, guaranty, or 
secure a swap cleared by or through a derivatives clearing organization 
(``DCO''). Broadly speaking, in cleared swaps transactions customers 
provide collateral to futures commission merchants (``FCMs'') through 
whom they clear their transactions. FCMs, in turn, may provide customer 
collateral to DCOs, through which FCMs clear transactions for their 
customers. 17 CFR part 22 is intended to implement CEA section 4d(f). 
Several of the sections of Part 22 require collections of information.
    Section 22.2(g) requires each FCM with Cleared Swaps Customer 
Accounts to compute daily the amount of Cleared Swaps Customer 
Collateral on deposit in Cleared Swaps Customer Accounts, the amount of 
such collateral required to be on deposit in such accounts and the 
amount of the FCM's residual financial interest in such accounts. The 
purpose of this collection of information is to help ensure that FCMs' 
Cleared Swaps Customer Accounts are in compliance at all times with 
statutory and regulatory requirements for such accounts.
    Section 22.5(a) requires an FCM or DCO to obtain, from each 
depository with which it deposits cleared swaps customer funds, a 
letter acknowledging that such funds belong to the Cleared Swaps 
Customers of the FCM, and not the FCM itself or any other person. The 
purpose of this collection of information is to confirm that the 
depository understands its responsibilities with respect to protection 
of cleared swaps customer funds.
    Section 22.11 requires each FCM that intermediates cleared swaps 
for customers on or subject to the rules of a DCO, whether directly as 
a clearing member or indirectly through a Collecting FCM, to provide 
the DCO with information sufficient to identify each customer of the 
FCM whose swaps are cleared by the FCM. Section 22.11 also requires the 
FCM, at least once daily, to provide the DCO with information 
sufficient to identify each customer's portfolio of rights and 
obligations arising out of cleared swaps intermediated by the FCM. The 
purpose of this collection of information is to facilitate risk 
management by DCOs in the event of default by the FCM, to enable DCOs 
to perform their duty, pursuant to section 22.15, to treat the 
collateral attributed to each customer of the FCM on an individual 
basis.
    Section 22.12 requires that each DCO and FCM, on a daily basis, 
calculate, based on information received pursuant to section 22.11 and 
on information generated and used in the ordinary course of business by 
the DCO or FCM, and record certain information about the amount of 
collateral required for each Cleared Swaps Customer and the sum of 
these amounts. As with section 22.11, the purpose of this collection of 
information is to facilitate risk management by DCOs and in the event 
of default by the FCM, to enable DCOs to perform their duty, pursuant 
to section 22.15, to treat the collateral attributed to each customer 
of the FCM on an individual basis.
    Section 22.16 requires that each FCM who has Cleared Swaps 
Customers disclose to each of such customers the governing provisions, 
as established by DCO rules or customer agreements between collecting 
and depositing FCMs, relating to use of customer collateral, transfer, 
neutralization of the risks, or liquidation of cleared swaps in the 
event of a default by a Depositing FCM relating to a Cleared Swaps 
Customer Account. The purpose of this collection of information is to 
ensure that Cleared Swaps Customers are informed of the procedures to 
which accounts containing their swaps collateral may be subject in the 
event of a default by their FCM.

[[Page 43548]]

    Section 22.17 requires that each FCM produce a written notice of 
the reasons and the details concerning withdrawals from a Cleared Swaps 
Customers Account not for the benefit of Cleared Swap Customers if such 
withdrawal will exceed 25% of the FCMs residual interest in such 
account.
    With respect to the collection of information, the CFTC invites 
comments on:
     Whether the proposed extension of 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 collection of information 
on those who are to respond, including through the use of appropriate 
automated electronic, mechanical, or other technological collection 
techniques or other forms of information technology; e.g., permitting 
electronic submission of responses.
    You should submit only information that you wish to make available 
publicly. If you wish the Commission to consider information that you 
believe is exempt from disclosure under the Freedom of Information Act, 
a petition for confidential treatment of the exempt information may be 
submitted according to the procedures established in Sec.  145.9 of the 
Commission's regulations.\1\
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    \1\ 17 CFR 145.9.
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    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.
    Burden Statement: The Commission is revising its estimate of the 
burden for this collection for 78 respondents (63 FCMs and 15 DCOs). 
The respondent burden for this collection is estimated to be as 
follows:
    Estimated Number of Respondents: 78.
    Estimated Average Burden Hours per Respondent: 331.
    Estimated Total Annual Burden Hours: 25,890.
    Frequency of Collection: Section 22.2(g)--Daily. Section 22.5(a)--
Once. Section 22.11--Daily. Section 22.12--Daily. Section 22.16--Once. 
Section 22.17--On occasion.
    There is no capital cost associated with this collection.

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

    Dated: July 14, 2020.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2020-15466 Filed 7-16-20; 8:45 am]
BILLING CODE 6351-01-P