Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Notices 29547 

TABLE 1—SUMMARY OF DATA USED IN FEE CALCULATIONS—Continued 

Actual total costs 3-Year 

average 

actual costs 

3-Year 

average 

volume 

(%) 

Adjusted 

volume 

costs 

2016 

Actual 

fee 

2017 

Assessed 

FY 2014 FY 2015 FY 2016 fee 

New York Mercantile Exchange ........................ 225,672 118,701 242,792 195,722 14.49 172,990 159,897 172,990 

One Chicago ..................................................... 31,196 289 282 10,589 0.29 6,798 28,384 6,798 

NASDAQ ........................................................... .................... .................... .................... .................... 0.21 1,089 .................... ....................

ERIS Exchange ................................................. .................... .................... .................... .................... 0.01 68 .................... ....................

NY LIFFE .......................................................... .................... .................... .................... .................... .................... .................... 4,909 ....................

ELX Futures ...................................................... .................... .................... .................... .................... .................... .................... 22,378 ....................

KCBT ................................................................. .................... .................... .................... .................... .................... .................... 186 ....................

Subtotal ...................................................... 667,888 1,089,134 1,353,921 $1,036,981 100 1,036,945 994,901 857,423 

National Futures Association ............................ 292,102 401,337 282,405 325,281 .................... .................... 293,312 325,281 

Total .................................................... 959,990 1,490,471 1,636,326 1,362,262 .................... .................... $1,288,214 1,182,704 

Note to Table 1: The 2017 Fee is the lesser of the 3-Year Average Actual Cost or the Adjusted Volume Cost. NY LIFFE, ELX, and KCBT are either Vacated or 

Dormant, but had direct labor costs in 2013 that produced a fee in 2016, based on the 3-Year Average. 

An example of how the fee is 

calculated for one exchange, the 

Chicago Board of Trade, is set forth 

here: 

a. Actual three-year average costs = 

$34,058. 

b. The alternative computation is: (.5) 

($34,058) + (.5) (.2961) ($1,036,981) = 

$170,554. 

c. The fee is the lesser of a or b; in 

this case $34,058. 

As noted above, the alternative 

calculation based on contracts traded is 

not applicable to NFA because it is not 

a DCM and has no contracts traded. The 

Commission’s average annual cost for 

conducting oversight review of the NFA 

rule enforcement program during fiscal 

years 2014 through 2016 was $325,281. 

The fee to be paid by the NFA for the 

current fiscal year is $325,281. 

II. Schedule of Fees 

Fees for the Commission’s review of 

the rule enforcement programs at the 

registered futures associations and 

DCMs regulated by the Commission are 

as shown in the following table: 

TABLE 2—SCHEDULE OF FEES

3-Year 

average 

actual costs 

3-Year 

average 

volume 

(%) 

Adjusted 

volume 

costs 

2017 Fee: 

lesser of 

actual or 

calculated fee 

CBOE Futures ................................................................................................. $128,423 1.31 $71,004 $71,004 

Chicago Board of Trade .................................................................................. 34,058 29.61 170,554 34,058 

Chicago Mercantile Exchange ......................................................................... 379,377 44.66 421,246 379,377 

ICE Futures U.S .............................................................................................. 191,253 9.22 143,431 143,431 

Minneapolis Grain Exchange ........................................................................... 69,981 0.05 35,250 35,250 

NADEX North American .................................................................................. 27,579 0.14 14,516 14,516 

New York Mercantile Exchange ...................................................................... 195,722 14.49 172,990 172,990 

One Chicago .................................................................................................... 10,589 0.29 6,798 6,798 

NASDAQ .......................................................................................................... ........................ 0.21 1,089 ........................

ERIS Exchange ............................................................................................... ........................ 0.01 68 ........................

NY LIFFE ......................................................................................................... ........................ ........................ ........................ ........................

ELX Futures ..................................................................................................... ........................ ........................ ........................ ........................

KCBT ............................................................................................................... ........................ ........................ ........................ ........................

Subtotal ..................................................................................................... 1,036,981 100 1,036,945 857,423 

National Futures Association ........................................................................... 325,281 ........................ ........................ 325,281 

Total ................................................................................................... 1,362,262 ........................ ........................ 1,182,704 

III. Payment Method 

The Debt Collection Improvement Act 

(‘‘DCIA’’) requires deposits of fees owed 

to the government by electronic transfer 

of funds. See 31 U.S.C. 3720. For 

information about electronic payments, 

please contact Jennifer Fleming at (202) 

418–5034 or jfleming@cftc.gov, or see 

the CFTC website at www.cftc.gov, 

specifically, www.cftc.gov/cftc/ 

cftcelectronicpayments.htm. 

Fees collected from each selfregulatory organization shall be 

deposited in the Treasury of the United 

States as miscellaneous receipts. See 7 

U.S.C. 16a. 

Issued in Washington, DC, on June 19, 

2018, by the Commission. 

Christopher Kirkpatrick, 

Secretary of the Commission. 

[FR Doc. 2018–13511 Filed 6–22–18; 8:45 am] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Notice of Intent To Renew 

Collection 3038–0021, Regulations 

Governing Bankruptcies of Commodity 

Brokers 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: The Commodity Futures 

Trading Commission (CFTC or 


amozie on DSK3GDR082PROD with NOTICES1
29548 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Notices 

1There are two information collections now 

associated with OMB Control No. 3038–0021. The 

first includes the reporting, recordkeeping, and 

third party disclosure requirements applicable to a 

single respondent in a commodity broker 

liquidation (e.g., a single commodity broker or a 

single trustee) within the relevant time period 

provided for in Commission regulations 

190.02(a)(1), 190.02(a)(2), 190.02(b)(1), 190.02(b)(2), 

190.02(b)(4), 190.02(c), 190.03(a)(1), 190.03(a)(2), 

190.04(b) and 190.06(b). The second information 

collection includes third party disclosure 

requirements that are applicable on a regular basis 

to multiple respondents (i.e., multiple futures 

commission merchants) provided for in 

Commission regulations 190.06(d) and 190.10(c). 

2These include the requirements contained in 

Commission regulations 190.02(a)(1), 190.02(a)(2), 

190.02(b)(1), 190.02(b)(2), 190.02(b)(4), 190.02(c), 

190.03(a)(1), 190.03(a)(2), 190.04(b), and 190.06(b). 

3 11 U.S.C. 761 et seq. 4 17 CFR 145.9. 

Commission) is announcing an 

opportunity for public comment on the 

proposed extension of the 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, and 

to allow 60 days for public comment. 

This notice solicits comments on the 

collection of information provided for 

by the Commission’s regulations 

governing bankruptcies of commodity 

brokers. 

DATES: Comments must be submitted on 

or before August 24, 2018. 

ADDRESSES: You may submit comments, 

identified by OMB Control No. 3038– 

0021, by any of the following methods: 

• CFTC Comments Portal: https://

comments.cftc.gov. Select the ‘‘Submit 

Comments’’ link for this matter and 

follow the instructions on the Public 

Comment Form. 

• Mail: Send to Christopher 

Kirkpatrick, Secretary of the 

Commission, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street NW, 

Washington, DC 20581. 

• Hand Delivery/Courier: Follow the 

same instructions as for Mail, above. 

Please submit your comments using 

only one of these methods. To avoid 

possible delays with mail or in-person 

deliveries, submissions through the 

CFTC Comments Portal are encouraged. 

All comments must be submitted in 

English or, if not, accompanied by an 

English translation. Comments will be 

posted as received to https://

comments.cftc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jocelyn Partridge, Special Counsel, 

Division of Clearing and Risk, 

Commodity Futures Trading 

Commission, (202) 418–5926; email: 

jpartridge@cftc.gov. 

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. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a valid OMB control number. 

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 extension of the 

collection of information listed below. 

Title: Regulations Governing 

Bankruptcies of Commodity Brokers 

(OMB Control No. 3038–0021). This is 

a request for an extension of a currently 

approved information collection.1

Abstract: This collection of 

information involves the reporting, 

recordkeeping, and third party 

disclosure requirements set forth in the 

CFTC’s bankruptcy regulations for 

commodity broker liquidations, 17 CFR 

part 190.2 These regulations apply to 

commodity broker liquidations under 

Chapter 7, Subchapter IV of the 

Bankruptcy Code.3

The reporting requirements include, 

for example, notices to the Commission 

regarding the filing of petitions for 

bankruptcy and notices to the 

Commission regarding the intention to 

transfer open commodity contracts in a 

commodity broker liquidation. The 

recordkeeping requirements include, for 

example, the statements of customer 

accounts that a trustee appointed for the 

purposes of a commodity broker 

liquidation (Trustee) must generate and 

adjust as set forth in the regulations. 

The third party disclosure requirements 

include, for example, the disclosure 

statement that a commodity broker must 

provide to its customers containing 

information regarding the manner in 

which customer property is treated 

under part 190 of the Commission’s 

regulations in the event of a bankruptcy 

and, in the event of a commodity broker 

liquidation, certain notices that a 

Trustee must provide to customers and 

to the persons to whom commodity 

contracts and specifically identifiable 

customer property have been or will be 

transferred. The information collection 

requirements are necessary, and will be 

used, to facilitate the effective, efficient, 

and fair conduct of liquidation 

proceedings for commodity brokers and 

to protect the interests of customers in 

these proceedings both directly and by 

facilitating the participation of the CFTC 

in such proceedings. 

With respect to the collections 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 the 

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 (FOIA), a 

petition for confidential treatment of the 

exempt information may be submitted 

according to the procedures established 

in § 145.9 of the Commission’s 

regulations.4 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 https://

comments.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 requirements 

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. 

Burden Statement: The Commission 

notes that commodity broker 

liquidations occur at unpredictable and 

irregular intervals when particular 

commodity brokers become insolvent. 

While a commodity broker liquidation 

has not occurred in the past three years, 

the Commission took the conservative 

approach of maintaining the assumption 


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Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Notices 29549 

5The Commission has retained the burden hour 

estimates for each of the applicable regulations 

except that the Commission no longer assigns 

burden hours to the discretionary notice that a 

Trustee may provide to customers in an involuntary 

commodity broker liquidation pursuant to 

Commission regulation 190.02(b)(3). There have 

been no involuntary commodity broker liquidations 

and none are anticipated. Accordingly, continuing 

to assign burden hours to this voluntary 

requirement would inappropriately inflate the 

burden hours of this information collection. 

6Because a commodity broker liquidation is 

estimated to occur only once every three years, the 

previous information collection expressed the 

burden of the reporting, recordkeeping, and third 

party disclosure requirements in terms of the 

burden applicable to ‘‘.33’’ respondents in many 

cases. For clarity, this notice expresses such 

burdens in terms of those that would be imposed 

on one respondent during the three year period. 

While the applicable burden is expressed in a 

different way, as noted above, the burden hours 

generally remain unchanged. 

7The reporting requirements are contained in 

Commission regulations 190.02(a)(1), 190.02(a)(2), 

and 190.06(b). 

8The recordkeeping requirements are contained 

in Commission regulations 190.03(a)(1), 

190.03(a)(2), and 190.04(b). 

9These third party disclosure requirements are 

contained in Commission regulations 190.02(b)(1), 

190.02(b)(2), 190.02(b)(4), and 190.02(c). 

10See fn. 1. The Commission is setting forth a 

new information collection under OMB Control No. 

3038–0021 to separately account for third party 

disclosure requirements provided for in 

Commission regulations 190.06(d) and 190.06(c) 

that are applicable on a regular basis to multiple 

respondents (i.e., multiple futures commission 

merchants). 

contained in the previous renewal of 

this information collection that, on 

average, a commodity broker liquidation 

would occur every three years. The 

Commission generally has retained the 

burden hour estimates set forth in the 

previous information collection as there 

have been no interim experiences nor 

are there currently apparent 

circumstances that would warrant 

altering those estimates.5 The 

Commission further notes, however, 

that the information collection burden 

will vary in particular commodity 

broker liquidations depending on the 

size of the commodity broker, the extent 

to which accounts are able to be quickly 

transferred, and other factors specific to 

the circumstances of the liquidation. 

The respondent burden for this 

information collection is estimated to be 

as follows: 6

Reporting: 7

Estimated Number of Respondents: 1. 

Estimated Annual Number of 

Responses per Respondent: 1.33. 

Estimated Total Annual Number of 

Responses: 1.33. 

Estimated Annual Number of Burden 

Hours per Respondent: 1.33. 

Estimated Total Annual Burden 

Hours: 1.33. 

Type of Respondents: Commodity 

brokers, Trustees, and self-regulatory 

organizations. 

Frequency of Collection: On occasion. 

Recordkeeping: 8

Estimated Number of Respondents: 1. 

Estimated Annual Number of 

Responses per Respondent: 26,666.67. 

Estimated Total Annual Number of 

Responses: 26,666.67. 

Estimated Annual Number of Burden 

Hours per Respondent: 333.33. 

Estimated Total Annual Burden 

Hours: 333.33. 

Type of Respondents: Trustees. 

Frequency of Collection: Daily and on 

occasion. 

Third Party Disclosures Applicable to 

a Single Respondent: 9

Estimated Number of Respondents: 1. 

Estimated Annual Number of 

Responses per Respondent: 6,671.32. 

Estimated Total Annual Number of 

Responses: 6,671.32. 

Estimated Annual Number of Burden 

Hours per Respondent: 1,034.63. 

Estimated Total Annual Burden 

Hours: 1,034.63. 

Type of Respondents: Trustees. 

Frequency of Collection: On occasion. 

Third Party Disclosures Applicable to 

a Multiple Respondents: 10

Estimated Number of Respondents: 

125. 

Estimated Annual Number of 

Responses per Respondent: 2,000. 

Estimated Total Annual Number of 

Responses: 250,000. 

Estimated Annual Number of Burden 

Hours per Respondent: 100. 

Estimated Total Annual Burden 

Hours: 12,500. 

Type of Respondents: Futures 

commission merchants. 

Frequency of Collection: On occasion. 

There are no new capital or start-up 

or operations costs associated with this 

information collection, nor are there any 

maintenance costs associated with this 

information collection. 

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

Dated: June 20, 2018. 

Christopher Kirkpatrick, 

Secretary of the Commission. 

[FR Doc. 2018–13574 Filed 6–22–18; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Charter Renewal of Department of 

Defense Federal Advisory Committees 

AGENCY: Department of Defense. 

ACTION: Renewal of federal advisory 

committee. 

SUMMARY: The Department of Defense 

(DoD) is publishing this notice to 

announce that it is renewing the charter 

for the Defense Business Board (‘‘the 

Board’’). 

FOR FURTHER INFORMATION CONTACT: Jim 

Freeman, Advisory Committee 

Management Officer for the Department 

of Defense, 703–692–5952. 

SUPPLEMENTARY INFORMATION: This 

committee’s charter is being renewed in 

accordance with the Federal Advisory 

Committee Act (FACA) of 1972 (5 

U.S.C., Appendix, as amended) and 41 

CFR 102–3.50(d). The charter and 

contact information for the Designated 

Federal Officer (DFO) can be obtained at 

http://www.facadatabase.gov/. The 

Board provides independent advice on 

matters on DoD management, business 

processes, and governance from a 

private sector perspective. The Board 

shall be composed of no more than 25 

members who must possess the 

following: (a) A proven track record of 

sound judgment and business acumen 

in leading or governing large, complex 

private sector corporations or 

organizations and (b) a wealth of toplevel, global business experience in the 

areas of executive management, 

corporate governance, audit and 

finance, human resources, economics, 

technology, or healthcare. Members of 

the Board who are not full-time or 

permanent part-time Federal officers or 

employees will be appointed as experts 

or consultants pursuant to 5 U.S.C. 3109 

to serve as special government 

employee members. Members of the 

Board who are full-time or permanent 

part-time Federal officers or employees 

will be appointed pursuant to 41 CFR 

102–3.130(a) to serve as regular 

government employee members. Each 

Board member is appointed to provide 

advice on the basis of their best 

judgment without representing any 

particular point of view and in a manner 

that is free from conflict of interest. 

Except for reimbursement of official 

Board-related travel and per diem, 

Board members serve without 

compensation. The DoD, as necessary 

and consistent with the Board’s mission 

and DoD policies and procedures, may 

establish subcommittees, task forces, or 

working groups to support the Board, 

and all subcommittees must operate 

under the provisions of FACA and the 

Government in the Sunshine Act. 

Subcommittees will not work 

independently of the Board and must 

report all recommendations and advice 

solely to the Board for full deliberation 

and discussion. Subcommittees, task 

forces, or working groups have no 

authority to make decisions and 

recommendations, verbally or in 

writing, on behalf of the Board. No 


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