2017-08161

Federal Register, Volume 82 Issue 77 (Monday, April 24, 2017)

[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]

[Notices]

[Pages 18900-18901]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2017-08161]

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COMMODITY FUTURES TRADING COMMISSION

Agency Information Collection Activities: Notice of Intent To

Renew Collection Number 3038-0091, Disclosure and Retention of Certain

Information Relating to Cleared Swaps Customer Collateral

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.

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SUMMARY: 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 collections of

information provided for by the Commission's regulations under the

Commodity Exchange Act (``CEA'') relating to the protection of customer

collateral held by futures commission merchants (``FCM'') and

derivatives clearing organizations (``DCO'') to serve as margin in

cleared swaps transactions.

DATES: Comments must be submitted on or before June 23, 2017.

ADDRESSES: You may submit comments, identified by ``Disclosure and

Retention of Certain Information Relating to Cleared Swaps Customer

Collateral,'' and Collection Number 3038-0091 by any of the following

methods:

The Agency's Web site, at http://comments.cftc.gov/.

Follow the instructions for submitting comments through the Web site.

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.

Federal eRulemaking Portal: http://www.regulations.gov/.

Follow the instructions for submitting comments through the Portal.

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

http://www.cftc.gov.

FOR FURTHER INFORMATION CONTACT: Jacob Chachkin, Special Counsel, 202-

418-5496, email: [email protected]; or Joshua Beale, Special Counsel,

202-418-5446, email: [email protected], Division of Swap Dealer and

Intermediary Oversight, Commodity Futures Trading Commission.

SUPPLEMENTARY INFORMATION: Under the PRA,\1\ 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 collection

of information listed below.

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\1\ 44 U.S.C. 3501 et seq.

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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.

[[Page 18901]]

Abstract: Part 22 of the Commission's regulations under the CEA

establish rules for the protection of customer collateral held by FCMs

and DCOs to serve as margin in cleared swaps transactions. As part of

this regulatory scheme, regulations 22.2(g), 22.5(a), 22.11, 22.12,

22.16, and 22.17 impose recordkeeping and third-party disclosure

requirements on FCMs and DCOs. In addition, regulation 22.13(c)(2)

indirectly requires FCMs who post excess collateral with DCOs to

perform certain computations regarding such collateral, although it is

not expected to materially affect the total paperwork burden associated

with part 22.

Regulation 22.2(g) requires each FCM with Cleared Swaps Customer

Accounts \2\ to, among other things, compute daily and report to the

Commission the amount of Cleared Swaps Customer Collateral \3\ on

deposit in such 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. Regulation 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 \4\ of the FCM or DCO, and not the FCM,

DCO, or any other person. Regulation 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,\5\ to provide the DCO or the Collecting FCM, as

appropriate, with information sufficient to identify each customer of

the FCM whose swaps are cleared by the FCM. Regulation 22.11 also

requires the FCM, at least once daily, to provide the DCO or the

Collecting FCM, as appropriate, with information sufficient to identify

each customer's portfolio of rights and obligations arising out of

cleared swaps intermediated by the FCM. Regulation 22.12 requires that

each Collecting FCM and DCO, on a daily basis, calculate, based on

information received pursuant to regulation 22.11 and on information

generated and used in the ordinary course of business by the Collecting

FCM or DCO, and record certain information about the amount of

collateral required for each Cleared Swaps Customer and the sum of

these amounts. Regulation 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 default by a Depositing FCM \6\ relating to a Cleared

Swaps Customer Account. Regulation 22.17 requires that FCM produce a

written notice of the reasons and the details concerning withdrawals

from 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.

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\2\ For the definition of Cleared Swaps Customer Account, see

Commission regulation 22.1. 17 CFR 22.1.

\3\ Id.

\4\ Id.

\5\ Id.

\6\ Id.

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The Commission believes that the information collection obligations

imposed by Commission regulations 22.2(g), 22.5(a), 22.11, 22.12,

22.16, and 22.17 are essential (i) to ensuring that FCMs and DCOs

develop and maintain adequate customer protections and procedures over

Cleared Swap Customer funds as required by the CEA, and Commission

regulations, and (ii) to the effective evaluation of these registrants'

actual compliance with the CEA and Commission regulations. 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.

With respect to the collection 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 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.\7\

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\7\ 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 http://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 information collection request 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 to reflect the current number of affected

registrants. Accordingly, the respondent burden for this collection is

estimated to be as follows:

Number of Registrants: 68.

Estimated Average Burden Hours per Registrant: 365.

Estimated Aggregate Burden Hours: 24,820.

Frequency of Recordkeeping: As applicable.

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

Dated: April 18, 2017.

Robert N. Sidman,

Deputy Secretary of the Commission.

[FR Doc. 2017-08161 Filed 4-21-17; 8:45 am]

BILLING CODE 6351-01-P

 

Last Updated: April 24, 2017