2016-00058

Federal Register, Volume 81 Issue 4 (Thursday, January 7, 2016)

[Federal Register Volume 81, Number 4 (Thursday, January 7, 2016)]

[Notices]

[Pages 758-759]

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

[FR Doc No: 2016-00058]

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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 February 8, 2016.

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 email at [email protected]. Please identify

the comments by OMB Control No. 3038-0094. Please provide the

Commission with a copy of all submitted comments at the address listed

below. Please refer to OMB Reference No. 3038-0094, found on http://reginfo.gov. Comments may also be mailed to the 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, or through the Agency's Web site at

http://comments.cftc.gov. Follow the instructions for submitting

comments through the Web site.

Comments may also be mailed to: Christopher Kirkpatrick, Secretary

of the Commission, Commodity Futures Trading Commission, Three

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

Deliver/Courier at the same address.

A copy of the supporting statements for the collection of

information discussed above may be obtained by visiting http://reginfo.gov. 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: Christopher Hower, Special Counsel,

Division of Clearing and Risk, Commodity Futures Trading Commission,

(202) 418-6703; email: [email protected], and refer to OMB Control No.

3038-0094.

SUPPLEMENTARY INFORMATION:

Title: Clearing Member Risk Management (OMB Control No. 3038-0094).

This is a request for extension of a currently approved information

collection.

Abstract: Section 3(b) of the Commodity Exchange Act (``Act'' or

``CEA'') provides that one of the purposes of the Act is to ensure the

financial integrity of all transactions subject to the Act and to avoid

systemic risk. Section 8a(5) authorizes the Commission to promulgate

such regulations that it believes are reasonably necessary to

effectuate any of the provisions or to accomplish any of the purposes

of the Act. Risk management systems are critical to the avoidance of

systemic risks.

Section 4s(j)(2) requires each Swap Dealer (``SD'') and Major Swap

Participant (``MSP'') to have risk management systems adequate for

managing its business. Section 4s(j)(4) requires each SD and MSP to

have internal systems and procedures to perform any of the functions

set forth in Section 4s.

Section 4d requires FCMs to register with the Commodity Futures

Trading Commission (``Commission''). It further requires Futures

Commission Merchants (``FCMs'') to segregate customer funds. Section 4f

requires FCMs to maintain certain levels of capital. Section 4g

establishes reporting and recordkeeping requirements for FCMs.

Pursuant to these provisions, the Commission adopted Sec. 1.73

which applies to clearing members that are FCMs and Sec. 23.609 which

applies to clearing members that are SDs or MSPs. These provisions

require these clearing members to have procedures to limit the

financial risks they incur as a result of clearing trades and liquid

resources to meet the obligations that arise. The regulations require

clearing members to:

(1) Establish credit and market risk-based limits based on position

size, order size, margin requirements, or similar factors;

(2) use automated means to screen orders for compliance with the

risk-based limits;

(3) monitor for adherence to the risk-based limits intra-day and

overnight;

(4) conduct stress tests of all positions in the proprietary

account and all positions in any customer account that could pose

material risk to the futures commission merchant at least once per

week;

(5) evaluate its ability to meet initial margin requirements at

least once per week;

(6) evaluate its ability to meet variation margin requirements in

cash at least once per week;

(7) evaluate its ability to liquidate the positions it clears in an

orderly manner, and estimate the cost of the liquidation at least once

per month; and

(8) test all lines of credit at least once per quarter.

Each of these items has been observed by Commission staff as an

element of an existing sound risk management program at an SD, MSP, or

FCM. The Commission regulations require each clearing member to

establish written procedures to comply with this regulation and to keep

records documenting its compliance. The information collection

obligations imposed by the regulations 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, and FCMs. 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.

The Commission did not receive any comments on the 60-day Federal

Register notice, 80 FR 65217, dated October 26, 2015.

Burden Statement: The respondent burden for this collection is

estimated to average 2 hours per response for an estimated annual

burden of 504 hours per respondent. This estimate includes the total

time, effort, or financial resources expended by persons to generate,

maintain, retain, disclose, or provide information to or for a federal

agency.

Respondents/Affected Entities: Swap Dealers, Major Swap

Participants, and Futures Commission Merchants.

Estimated number of respondents: 240 (106 Swap Dealers and Major

Swap

[[Page 759]]

Participants and 134 Futures Commission Merchants).\1\

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\1\ The 60-day notice indicated that there were 105 Swap Dealers

and Major Swap Participants. There are 106 Swap Dealers and Major

Swap Participants currently registered with the Commission.

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Estimated number of responses per respondent: 252.\2\

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\2\ The 60-day contained a typographical error, providing for

253 estimated number of responses, instead of the correct figure of

252.

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Estimated total annual burden on respondents: 120,960 hours.

Frequency of collection: 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: January 4, 2016.

Robert N. Sidman,

Deputy Secretary of the Commission.

[FR Doc. 2016-00058 Filed 1-6-16; 8:45 am]

BILLING CODE 6351-01-P

 

Last Updated: January 7, 2016