Agency Information Collection Activities Under OMB Review, 67720-67721 [2020-23671]

Download as PDF 67720 Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Notices DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA589] New England Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. AGENCY: The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Advisory Panel and Plan Development Team via webinar to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. SUMMARY: This meeting will be held on Tuesday, November 10, 2020 at 9 a.m. ADDRESSES: All meeting participants and interested parties can register to join the webinar at https:// attendee.gotowebinar.com/register/ 6721165457191966987. Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465–0492. SUPPLEMENTARY INFORMATION: DATES: Agenda The Scallop Advisory Panel and Plan Development Team will discuss Framework 33: In particular review the results of 2020 scallop surveys, and preliminary projections. The primary focus of this meeting will be to develop input on the range of potential specification alternatives for FY 2021 and FY 2022. Framework 33 will set specifications including ABC/ACLs, days-at-sea, access area allocations, total allowable catch for the Northern Gulf of Maine (NGOM) management area, targets for General Category incidental catch, General Category access area trips and trip accounting, and set-asides for the observer and research programs for fishing year 2020 and default specifications for fishing year 2021. Other business may be discussed, as necessary. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal VerDate Sep<11>2014 17:31 Oct 23, 2020 Jkt 253001 action during these meetings. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the MagnusonStevens Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465–0492, at least 5 days prior to the meeting date. Consistent with 16 U.S.C. 1852, a copy of the recording is available upon request. Authority: 16 U.S.C. 1801 et seq. Dated: October 21, 2020. Diane M. DeJames-Daly, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–23648 Filed 10–23–20; 8:45 am] BILLING CODE 3510–22–P COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities Under OMB Review Commodity Futures Trading Commission. ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Information and Regulatory Affairs (OIRA), of the Office of Management and Budget (OMB), for review and comment. The ICR describes the nature of the information collection and its expected costs and burden. DATES: Comments must be submitted on or before November 25, 2020. ADDRESSES: Written comments and recommendations for the proposed information collection should be submitted within 30 days of this notice’s publication to OIRA, at https:// www.reginfo.gov/public/do/PRAMain. Please find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the website’s search function. Comments can be entered electronically by clicking on the ‘‘comment’’ button next to the information collection on the ‘‘OIRA Information Collections Under Review’’ SUMMARY: PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 page, or the ‘‘View ICR—Agency Submission’’ page. A copy of the supporting statement for the collection of information discussed herein may be obtained by visiting https:// www.reginfo.gov/public/do/PRAMain. In addition to the submission of comments to https://Reginfo.gov as indicated above, a copy of all comments submitted to OIRA may also be submitted to the Commodity Futures Trading Commission (the ‘‘Commission’’ or ‘‘CFTC’’) by clicking on the ‘‘Submit Comment’’ box next to the descriptive entry for OMB Control No. 3038–0092, at https:// comments.cftc.gov/FederalRegister/ PublicInfo.aspx Or by either of the following methods: • 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. All comments must be submitted in English, or if not, accompanied by an English translation. Comments submitted to the Commission should include 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 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: Megan Wallace, Senior Special Counsel, Division of Clearing and Risk, Commodity Futures Trading Commission, (202) 418–5150; email: mwallace@cftc.gov, and refer to OMB Control No. 3038–0092. SUPPLEMENTARY INFORMATION: Title: Customer Clearing Documentation and Timing of Acceptance for Clearing 1 17 E:\FR\FM\26OCN1.SGM CFR 145.9. 26OCN1 Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Notices (OMB Control No. 3038–0092). This is a request for extension of a currently approved information collection. Abstract: Section 4d(c) of the Commodity Exchange Act (‘‘CEA’’), as amended by the Dodd-Frank Wall Street and Reform Consumer Protection Act (‘‘Dodd-Frank Act’’), directs the Commission to require futures commission merchants (‘‘FCMs’’) to implement conflict of interest procedures that address such issues the Commission determines to be appropriate. Similarly, section 4s(j)(5) of the CEA, as added by the Dodd-Frank Act, requires swap dealers (‘‘SDs’’) and major swap participants (‘‘MSPs’’) to implement conflict of interest procedures that address such issues the Commission determines to be appropriate. Section 4s(j)(5) also requires SDs and MSPs to ensure that any persons providing clearing activities or making determinations as to accepting clearing customers are separated by appropriate informational partitions from persons whose involvement in pricing, trading, or clearing activities might bias their judgment or contravene the core principle of open access. Section 4s(j)(6) of the CEA prohibits a SD or MSP from adopting any process or taking any action that results in any unreasonable restraint on trade or imposes any material anticompetitive burden on trading or clearing, unless necessary or appropriate to achieve the purposes of the Act. Section 2(h)(1)(B)(ii) of the CEA requires that derivatives clearing organization (‘‘DCOs’’) rules provide for the nondiscriminatory clearing of swaps executed bilaterally or through an unaffiliated designated contract market or swap execution facility. To address these provisions, the Commission promulgated regulations that prohibit arrangements involving FCMs, SDs, MSPs, and DCOs that would (a) disclose to an FCM, SD, or MSP the identity of a customer’s original executing counterparty (§§ 1.72(a), 23.608(a), and 39.12(a)(1)(vi)); (b) limit the number of counterparties with whom a customer may enter into a trade (§§ 1.72(b), 23.608(b), and 39.12(a)(1)(vi)); (c) restrict the size of the position a customer may take with any individual counterparty, apart from an overall credit limit for all positions held by the customer at the FCM (§§ 1.72(c), 23.608(c), and 39.12(a)(1)(vi)); (d) impair a customer’s access to execution of a trade on terms that have a reasonable relationship to the best terms available (§§ 1.72(d), 23.608(d), and 39.12(a)(1)(vi)); or (e) prevent compliance with specified time frames for acceptance of trades into clearing set VerDate Sep<11>2014 17:31 Oct 23, 2020 Jkt 253001 forth in 1.74(b), 23.610(b), or 39.12(b)(7) (§§ 1.72(e), 23.608(e), and 39.12(a)(1)(vi)). Additionally, the Commission requires, through regulation 39.12(b)(7)(i)(B), DCOs to coordinate with clearing members to establish prompt processing of trades. Regulations 1.74(a) and 23.610(a) require reciprocal coordination by FCMs, SDs, and MSPs that are clearing members. Under the above regulations, SDs, MSPs, FCMs, and DCOs are required to develop and maintain written customer clearing documentation and trade processing procedures. Maintenance of contracts, policies, and procedures is prudent business practice. All SDs, MSPs, FCMs, and DCOs maintain documentation consistent with these regulations. The regulations are crucial both for effective risk management and for the efficient operation of trading venues among SDs, MSPs, FCMs, and DCOs. Each of these entities has a general recordkeeping obligation for these requirements under the Commission’s regulations (§ 39.20 for DCOs; § 23.606 for SDs and MSPs; and § 1.73 for FCMs). The information collection burden arising from the regulations primarily is restricted to the costs associated with the affected registrants’ obligation to maintain records related to clearing documentation between the customer and the customer’s clearing member, and trade processing procedures between DCOs and FCMs, SDs, and MSPs. The information collection obligations are necessary to implement certain provisions of the CEA, including ensuring that registrants exercise effective risk management and for the efficient operation of trading venues among SDs, MSPs, FCMs, and DCOs. 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. On August 17, 2020, 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, 85 FR 50013 (‘‘60-Day Notice’’) The Commission did not receive any comments on the 60-Day Notice. Burden Statement: The respondent burden for this collection is estimated to be as follows: Estimated Number of Respondents: 183. Estimated Average Burden Hours per Respondent: 40. Estimated Total Annual Burden Hours: 7,320. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 67721 Frequency of Collection: Daily, annually, or as needed. There are no capital costs or operating and maintenance costs associated with this collection. Authority: 44 U.S.C. 3501 et seq. Dated: October 21, 2020. Robert Sidman, Deputy Secretary of the Commission. [FR Doc. 2020–23671 Filed 10–23–20; 8:45 am] BILLING CODE 6351–01–P COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities: Notice of Intent To Extend Collection 3038–0062: Off-Exchange Foreign Currency Transactions Commodity Futures Trading Commission. ACTION: Notice. AGENCY: The Commodity Futures Trading Commission (‘‘CFTC’’ or ‘‘Commission’’) is announcing an opportunity for public comment on the proposed renewal of a collection of certain information by the agency. Under the Paperwork Reduction Act (‘‘PRA’’), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment. This notice solicits comments on the collection of information provided for by Part 5 of the Commission’s regulations under the Commodity Exchange Act (‘‘CEA’’) relating to off-exchange foreign currency transactions. DATES: Comments must be submitted on or before December 28, 2020. ADDRESSES: You may submit comments, identified by ‘‘OMB Control No. 3038– 0062’’ 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. 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. SUMMARY: E:\FR\FM\26OCN1.SGM 26OCN1

Agencies

[Federal Register Volume 85, Number 207 (Monday, October 26, 2020)]
[Notices]
[Pages 67720-67721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23671]


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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 Information and 
Regulatory Affairs (OIRA), of the Office of Management and Budget 
(OMB), for review and comment. The ICR describes the nature of the 
information collection and its expected costs and burden.

DATES: Comments must be submitted on or before November 25, 2020.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be submitted within 30 days of this 
notice's publication to OIRA, at https://www.reginfo.gov/public/do/PRAMain. Please find this particular information collection by 
selecting ``Currently under 30-day Review--Open for Public Comments'' 
or by using the website's search function. Comments can be entered 
electronically by clicking on the ``comment'' button next to the 
information collection on the ``OIRA Information Collections Under 
Review'' page, or the ``View ICR--Agency Submission'' page. A copy of 
the supporting statement for the collection of information discussed 
herein may be obtained by visiting https://www.reginfo.gov/public/do/PRAMain.
    In addition to the submission of comments to https://Reginfo.gov as 
indicated above, a copy of all comments submitted to OIRA may also be 
submitted to the Commodity Futures Trading Commission (the 
``Commission'' or ``CFTC'') by clicking on the ``Submit Comment'' box 
next to the descriptive entry for OMB Control No. 3038-0092, at https://comments.cftc.gov/FederalRegister/PublicInfo.aspx
    Or by either of the following methods:
     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.
    All comments must be submitted in English, or if not, accompanied 
by an English translation. Comments submitted to the Commission should 
include 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: Megan Wallace, Senior Special Counsel, 
Division of Clearing and Risk, Commodity Futures Trading Commission, 
(202) 418-5150; email: [email protected], and refer to OMB Control No. 
---------------------------------------------------------------------------
3038-0092.

SUPPLEMENTARY INFORMATION: Title: Customer Clearing Documentation and 
Timing of Acceptance for Clearing

[[Page 67721]]

(OMB Control No. 3038-0092). This is a request for extension of a 
currently approved information collection.
    Abstract: Section 4d(c) of the Commodity Exchange Act (``CEA''), as 
amended by the Dodd-Frank Wall Street and Reform Consumer Protection 
Act (``Dodd-Frank Act''), directs the Commission to require futures 
commission merchants (``FCMs'') to implement conflict of interest 
procedures that address such issues the Commission determines to be 
appropriate. Similarly, section 4s(j)(5) of the CEA, as added by the 
Dodd-Frank Act, requires swap dealers (``SDs'') and major swap 
participants (``MSPs'') to implement conflict of interest procedures 
that address such issues the Commission determines to be appropriate. 
Section 4s(j)(5) also requires SDs and MSPs to ensure that any persons 
providing clearing activities or making determinations as to accepting 
clearing customers are separated by appropriate informational 
partitions from persons whose involvement in pricing, trading, or 
clearing activities might bias their judgment or contravene the core 
principle of open access. Section 4s(j)(6) of the CEA prohibits a SD or 
MSP from adopting any process or taking any action that results in any 
unreasonable restraint on trade or imposes any material anticompetitive 
burden on trading or clearing, unless necessary or appropriate to 
achieve the purposes of the Act. Section 2(h)(1)(B)(ii) of the CEA 
requires that derivatives clearing organization (``DCOs'') rules 
provide for the nondiscriminatory clearing of swaps executed 
bilaterally or through an unaffiliated designated contract market or 
swap execution facility.
    To address these provisions, the Commission promulgated regulations 
that prohibit arrangements involving FCMs, SDs, MSPs, and DCOs that 
would (a) disclose to an FCM, SD, or MSP the identity of a customer's 
original executing counterparty (Sec. Sec.  1.72(a), 23.608(a), and 
39.12(a)(1)(vi)); (b) limit the number of counterparties with whom a 
customer may enter into a trade (Sec. Sec.  1.72(b), 23.608(b), and 
39.12(a)(1)(vi)); (c) restrict the size of the position a customer may 
take with any individual counterparty, apart from an overall credit 
limit for all positions held by the customer at the FCM (Sec. Sec.  
1.72(c), 23.608(c), and 39.12(a)(1)(vi)); (d) impair a customer's 
access to execution of a trade on terms that have a reasonable 
relationship to the best terms available (Sec. Sec.  1.72(d), 
23.608(d), and 39.12(a)(1)(vi)); or (e) prevent compliance with 
specified time frames for acceptance of trades into clearing set forth 
in 1.74(b), 23.610(b), or 39.12(b)(7) (Sec. Sec.  1.72(e), 23.608(e), 
and 39.12(a)(1)(vi)). Additionally, the Commission requires, through 
regulation 39.12(b)(7)(i)(B), DCOs to coordinate with clearing members 
to establish prompt processing of trades. Regulations 1.74(a) and 
23.610(a) require reciprocal coordination by FCMs, SDs, and MSPs that 
are clearing members.
    Under the above regulations, SDs, MSPs, FCMs, and DCOs are required 
to develop and maintain written customer clearing documentation and 
trade processing procedures. Maintenance of contracts, policies, and 
procedures is prudent business practice. All SDs, MSPs, FCMs, and DCOs 
maintain documentation consistent with these regulations. The 
regulations are crucial both for effective risk management and for the 
efficient operation of trading venues among SDs, MSPs, FCMs, and DCOs. 
Each of these entities has a general recordkeeping obligation for these 
requirements under the Commission's regulations (Sec.  39.20 for DCOs; 
Sec.  23.606 for SDs and MSPs; and Sec.  1.73 for FCMs).
    The information collection burden arising from the regulations 
primarily is restricted to the costs associated with the affected 
registrants' obligation to maintain records related to clearing 
documentation between the customer and the customer's clearing member, 
and trade processing procedures between DCOs and FCMs, SDs, and MSPs. 
The information collection obligations are necessary to implement 
certain provisions of the CEA, including ensuring that registrants 
exercise effective risk management and for the efficient operation of 
trading venues among SDs, MSPs, FCMs, and DCOs.
    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. On August 17, 2020, 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, 85 FR 50013 (``60-Day Notice'') The Commission 
did not receive any comments on the 60-Day Notice.
    Burden Statement: The respondent burden for this collection is 
estimated to be as follows:
    Estimated Number of Respondents: 183.
    Estimated Average Burden Hours per Respondent: 40.
    Estimated Total Annual Burden Hours: 7,320.
    Frequency of Collection: Daily, annually, or as needed.
    There are no capital costs or operating and maintenance costs 
associated with this collection.

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

    Dated: October 21, 2020.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2020-23671 Filed 10-23-20; 8:45 am]
BILLING CODE 6351-01-P