[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15191-15193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07381]
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COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities: Notice of Intent To
Extend Collection Number 3038-0080, Annual Report for Chief Compliance
Officer of Registrants
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 extension of a collection of certain information by the
agency. Under the Paperwork Reduction Act
[[Page 15192]]
(``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 mandated by
Commission Regulation 3.3 (Chief Compliance Officer).
DATES: Comments must be submitted on or before June 14, 2019.
ADDRESSES: You may submit comments, identified by ``Annual Report for
Chief Compliance Officer of Registrants,'' and Collection Number 3038-
0080 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
http://www.cftc.gov.
FOR FURTHER INFORMATION CONTACT: Pamela M. Geraghty, Special Counsel,
Division of Swap Dealer and Intermediary Oversight, Commodity Futures
Trading Commission, (202) 418-5634, email: [email protected].
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: Annual Report for Chief Compliance Officer of Registrants
(OMB Control No. 3038-0080). This is a request for an extension of a
currently approved information collection.
Abstract: On April 3, 2012, the Commission adopted Commission
Regulation 3.3 (Chief Compliance Officer) \2\ under sections 4d(d) and
4s(k) \3\ of the Commodity Exchange Act (``CEA''). Commission
Regulation 3.3 requires each futures commission merchant (``FCM'') \4\,
swap dealer (``SD'') \5\, and major swap participant (``MSP'') \6\ to
designate, by filing a form 8-R, a chief compliance officer who is
responsible for developing and administering policies and procedures
that fulfill certain duties of the SD, MSP, or FCM and that are
reasonably designed to ensure the registrant's compliance with the CEA
and Commission regulations; establishing procedures for the remediation
of noncompliance issues identified by the chief compliance officer;
establishing procedures for the handling, management response,
remediation, retesting, and closing of noncompliance issues; preparing,
signing, certifying and filing with the Commission an annual compliance
report that contains the information specified in the regulations;
amending the annual report if material errors or omissions are
identified; and maintaining records of the registrant's compliance
policies and procedures and records related to the annual report. The
information collection obligations imposed by Commission Regulation 3.3
are essential to ensuring that FCMs, SDs, and MSPs maintain
comprehensive policies and procedures that promote compliance with the
CEA and Commission regulations. In particular, the Commission believes
that, among other things, these obligations (i) promote compliance
behavior through periodic self-evaluation, (ii) inform the Commission
of possible compliance weaknesses, (iii) assist the Commission in
determining whether the registrant remains in compliance with the CEA
and Commission regulations, and (iv) help the Commission to assess
whether the registrant has mechanisms in place to adequately address
compliance problems that could lead to a failure of the registrant.
With respect to the collection of information, the CFTC invites
comments on:
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\2\ 17 CFR 3.3.
\3\ 7 U.S.C. 6d(d) and 6s(k).
\4\ For the definition of FCM, see section 1a(28) of the CEA and
Commission Regulation 1.3(p). 7 U.S.C. 1a(28) and 17 CFR 1.3(p).
\5\ For the definition of SD, see section 1a(49) of the CEA and
Commission Regulation 1.3(ggg). 7 U.S.C. 1a(49) and 17 CFR 1.3(ggg).
\6\ For the definitions of MSP, see section 1a(33) of the CEA
and Commission Regulation 1.3(hhh). 7 U.S.C. 1a(33) and 17 CFR
1.3(hhh).
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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: In light of the contraction in the number of
Commission-registered SDs and FCMs since the Commission promulgated
Regulation 3.3, the Commission is revising its estimate of the burden
for this collection. Accordingly, the respondent burden for this
collection is estimated to be as follows:
Number of Registrants: 171.
Estimated Average Burden Hours Per Registrant: 1006.
Estimated Aggregate Burden Hours: 172,026.
[[Page 15193]]
Frequency of Recordkeeping: Annually or on occasion.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: April 9, 2019.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2019-07381 Filed 4-12-19; 8:45 am]
BILLING CODE 6351-01-P