2017-19749

Federal Register, Volume 82 Issue 179 (Monday, September 18, 2017)

[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]

[Notices]

[Pages 43527-43528]

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

[FR Doc No: 2017-19749]

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COMMODITY FUTURES TRADING COMMISSION

Agency Information Collection Activities: Notice of Intent To

Renew Collection Number 3038-0062, Off-Exchange Foreign Currency

Transactions

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 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 November 17, 2017.

ADDRESSES: You may submit comments, identified by ``Off-Exchange

Foreign Currency Transactions,'' and Collection Number 3038-0062 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. Please submit

your comments using only one method.

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: Lauren Bennett, Special Counsel, 202-

418-5290, [email protected], Division of Swap Dealer and Intermediary

Oversight, Commodity Futures Trading Commission.

SUPPLEMENTARY INFORMATION: Under the PRA, 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 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. 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: Off-Exchange Foreign Currency Transactions (OMB Control No.

3038-0062). This is a request for an extension of a currently approved

information collection.

Abstract: Part 5 of the Commission's regulations under the CEA

establishes rules applicable to retail foreign exchange dealers

(``RFEDs''), futures commission merchants (``FCMs''), introducing

brokers (``IBs''), commodity trading advisors (``CTAs''), and commodity

pool operators (``CPOs'') engaged in the offer and sale of off-exchange

forex contracts to retail customers. Specifically:

Regulation 5.5 requires RFEDs, FCMs, and IBs to distribute

risk disclosure statements to new retail forex customers.

Regulation 5.6 requires RFEDs and FCMs to report any

failures to maintain the minimum capital required by Commission

regulations.

Regulation 5.8 requires RFEDs and FCMs to calculate their

total retail forex obligation.

Regulation 5.10 requires RFEDs to maintain and preserve

certain risk assessment documentation.

Regulation 5.11(a)(1) requires RFEDs to submit certain

risk assessment documentation to the Commission within 60 days of the

effective date of their registration.

Regulation 5.11(a)(2) requires RFEDs to submit certain

financial documentation to the Commission within 105 calendar days of

the end of each fiscal year. RFEDs must also submit additional

information, if requested, regarding affiliates' financial impact on an

RFED's organizational structure.

Regulation 5.12(a) requires RFED applicants to submit a

Form 1-FR-FCM concurrently with their registration application.

Regulation 5.12(b) requires registered RFEDs to file a

Form 1-FR-FCM on a monthly and annual basis.

Regulation 5.12(g) states that, in the event that an RFED

cannot file its Form 1-FR-FCM for any period within the time specified

in Regulation 5.12(b), the RFED may file an application for an

extension of time with its self-regulatory organization.

Regulation 5.13(a) requires RFEDs and FCMs to provide

monthly account statements to their customers.

Regulation 5.13(b) requires RFEDs and FCMs to provide

confirmation statements to their customers within one business day

after the execution of any retail forex or forex option transaction.

Regulation 5.14 requires RFEDs and FCMs to maintain

current ledgers of each transaction affecting its asset, liability,

income, expense and capital accounts.

Regulation 5.18(g) requires each RFED, FCM, CPO, CTA, and

IB subject

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to part 5 to maintain a record of all communications received that give

rise to possible violations of the Act, rules, regulations or orders

thereunder related to their retail forex business.

Regulation 5.18(i) requires each RFED and FCM to prepare

and maintain on a quarterly basis a calculation of non-discretionary

retail forex customer accounts open for any period of time during the

quarter that were profitable, and the percentage of such accounts that

were not profitable.

Regulation 5.18(j) requires the CCO of each RFED and FCM

to certify annually that the firm has in place processes to establish,

maintain, review, modify and test policies and procedures reasonably

designed to achieve compliance with the Act, rules, regulations and

orders thereunder.

Regulation 5.19 requires each RFED, FCM, CPO, CTA, and IB

subject to part 5 to submit to the Commission copies of any dispositive

or partially dispositive decision for which a notice of appeal has been

filed in any material legal proceeding (1) to which the firm is a party

to or to which its property or assets is subject with respect to retail

forex transactions, or (2) instituted against any person who is a

principal of the firm arising from conduct in such person's capacity as

a principal of that firm.

Regulation 5.20 requires RFEDs, FCMs and IBs to submit

documentation requested pursuant to certain types of special calls by

the Commission.

Regulation 5.23 requires RFEDs, FCMs and IBs to notify the

Commission regarding bulk transfers and bulk liquidations of customer

accounts.

The rules establish reporting and recordkeeping requirements that

are necessary to implement the provisions of the Food, Conservation,

and Energy Act of 2008 \1\ regarding off-exchange transactions in

foreign currency with members of the public. The rules are intended to

promote customer protection by providing safeguards against

irresponsible or fraudulent business practices.\2\

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\1\ Public Law 110-246, 122 Stat. 1651, 2189-220 (2008).

\2\ See Regulation of Off-Exchange Retail Foreign Exchange

Transactions and Intermediaries, 75 FR 55410, 55416 (Sept. 10,

2010).

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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.

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, 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.\3\

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\3\ 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 and revised burden estimates. Accordingly, the respondent

burden for this collection is estimated to be as follows:

Number of Registrants: 169.

Estimated Average Burden Hours per Registrant: 777.

Estimated Aggregate Burden Hours: 131,259.

Frequency of Recordkeeping: As applicable.

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

Dated: September 12, 2017.

Robert N. Sidman,

Deputy Secretary of the Commission.

[FR Doc. 2017-19749 Filed 9-15-17; 8:45 am]

BILLING CODE 6351-01-P

 

Last Updated: September 18, 2017