2017-15857

Federal Register, Volume 82 Issue 143 (Thursday, July 27, 2017)

[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]

[Notices]

[Pages 34932-34933]

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

[FR Doc No: 2017-15857]

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COMMODITY FUTURES TRADING COMMISSION

Agency Information Collection Activities Under OMB Review

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.

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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 ICR

describes the nature of the information collection and its expected

costs and burden.

DATES: Comments must be submitted on or before August 28, 2017.

ADDRESSES: Comments regarding the burden estimated 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 notice's

publication, by either of the following methods. Please identify the

comments by OMB Control No. 3038-0075.

By email addressed to: [email protected]; or

By mail addressed to: 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

either of the following methods. The copies should refer to OMB Control

No. 3038-0075.

By submission through the Commission's Web site: http://comments.cftc.gov. Please follow the instructions for submitting

comments through the Web site;

By mail addressed to: Christopher Kirkpatrick, Secretary

of the Commission, Commodity Futures Trading Commission, Three

Lafayette Centre, 1155 21st Street NW., Washington, DC 20581; or

By hand delivery/courier to: The address listed above for

submission mail.

FOR FURTHER INFORMATION CONTACT: Gregory Scopino, Special Counsel, 202-

418-5175, email: [email protected], CFTC Division of Swap Dealer and

Intermediary Oversight.

SUPPLEMENTARY INFORMATION:

[[Page 34933]]

Supporting statements. A copy of the supporting statements for the

collection of information discussed herein may be obtained by visiting

http://RegInfo.gov.

Comment instructions. 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. You should submit only information

that you wish to make available publicly. If you wish the Commission to

consider information that you believe is exempt from disclosure under

the Freedom of Information Act (``FOIA''), a petition for confidential

treatment of the exempt information may be submitted according to the

procedures established in Sec. 145.9 of the Commission's regulations,

17 CFR 145.9. 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 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 FOIA.

Title: Protection of Collateral of Counterparties to Uncleared

Swaps; Treatment of Securities in a Portfolio Margining Account in a

Commodity Broker Bankruptcy (OMB Control No. 3038-0075). This is a

request for an extension of a currently approved information

collection.

Abstract: On November 6, 2013, the Commission issued final rules

implementing statutory provisions pursuant to Title VII of the Dodd-

Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank

Act'') and imposing requirements on swap dealers (``SD'') and major

swap participants (``MSP'') with respect to the treatment of collateral

posted by their counterparties to margin, guarantee, or secure

uncleared swaps.\1\ Additionally, the final rule includes revisions to

ensure that, for purposes of subchapter IV of chapter 7 of the

Bankruptcy Code, securities held in a portfolio margining account that

is a futures account or a Cleared Swaps Customer Account constitute

``customer property''; and owners of such accounts constitute

``customers.'' \2\ Section 4s(l) of the Commodity Exchange Act

(``CEA'') sets forth certain requirements concerning the rights of

counterparties of SDs and MSPs with respect to the segregation of

money, securities, or other property used to margin, guarantee, or

otherwise secure uncleared swaps. Section 23.701 of the Commission's

regulations implements part of the new statutory requirements by

specifying that certain information must be provided to counterparties

about the terms and conditions of segregation, including price

information, to the extent that the SD or MSP has such information, and

the identity of one or more independent depositories for segregated

collateral. Section 23.704 implements the requirements of CEA section

4s(l)(4), which dictates that, in certain circumstances, an SD or MSP

must report to the counterparty, on a quarterly basis, ``that the back

office procedures of the swap dealer or major swap participant relating

to margin and collateral requirements are in compliance with the

agreement of the counterparties.''

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\1\ 78 FR 66621 (Nov. 6, 2013).

\2\ Id.

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As discussed above, the rules establish reporting and recordkeeping

requirements that are mandated by section 4s(l) of the CEA, which

states that SDs and MSPs must notify their counterparties of the right

to have their initial margin segregated and to maintain the

confirmations and elections related to such notices as business

records. The reporting and recordkeeping requirements are necessary to

implement the objectives of section 4s(1). For example, the information

received by uncleared swap counterparties pursuant to Sec. 23.701 of

the Commission's regulations would alert counterparties to their

statutory right, if they so choose, to have funds or property used as

margin in uncleared swaps transactions with SDs and MSPs kept

segregated from the property of the SD or MSP. Likewise, the

information provided would further alert counterparties of the need to

request such segregation if they wish to exercise this right.

Similarly, the information received by uncleared swap counterparties

pursuant to Sec. 23.704 would be used to confirm that the back office

procedures followed by a SD or MSP with whom they are dealing comply

with the agreement of the parties. On May 12, 2017, the Commission

published in the Federal Register a notice of the proposed extension of

this information collection and provided 60 days for public comment on

the proposed extension. See 82 FR 22118 (May 12, 2017). The Commission

received no relevant comments.

Burden Statement: The Commission is revising its estimate of the

burden for this collection to reflect the current number of registered

SDs and MSPs. Accordingly, the respondent burden for this collection is

estimated to be as follows:

Number of Registrants: 102.

Estimated Average Burden Hours per Registrant: 3406.

Estimated Aggregate Burden Hours: 347,412.

Frequency of Recordkeeping: As applicable.

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

Dated: July 24, 2017.

Christopher J. Kirkpatrick,

Secretary of the Commission.

[FR Doc. 2017-15857 Filed 7-26-17; 8:45 am]

BILLING CODE 6351-01-P

 

Last Updated: July 27, 2017