Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Notices 39505 

1 17 CFR 145.9. 

2 17 CFR 3.3. 

3 7 U.S.C. 6d(d) and 6s(k). 

1155 21st Street NW, Washington, DC 

20581. 

• Hand Delivery/Courier: Same as 

Mail above. 

All comments must be submitted in 

English, or if not, accompanied by an 

English translation. Comments 

submitted to the Commission should 

include 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 § 145.9 

of the Commission’s regulations.1 The 

Commission reserves the right, but shall 

have no obligation, to review, prescreen, filter, redact, refuse or remove 

any or all of your submission from 

https://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 

Freedom of Information Act. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Cummings, Special 

Counsel, Market Participants Division, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW, Washington, DC 

20581; (202) 418–5445; email: 

ccummings@cftc.gov. 

SUPPLEMENTARY INFORMATION:

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 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’’), swap dealer (‘‘SD’’), and major 

swap participant (‘‘MSP’’) 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. 

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. On April 26, 2022, the 

Commission published in the Federal 

Register notice of the proposed 

extension of this information collection 

and provided 60 days for public 

comment on the proposed extension, 87 

FR 24535 (‘‘60-Day Notice’’). The 

Commission did not receive any 

relevant comments on the 60-Day 

Notice. 

Burden Statement: The Commission 

is revising its estimate of the burden for 

this collection to reflect the current 

number of respondents and estimated 

burden hours. The respondent burden 

for this collection is estimated to be as 

follows: 

Number of Registrants: 166. 

Estimated Average Burden Hours per 

Registrant: 1,006. 

Estimated Aggregate Burden Hours: 

166,966. 

Frequency of Recordkeeping: 

Annually or on occasion. 

There are no capital costs or operating 

and maintenance costs associated with 

this collection. 

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

Dated: June 27, 2022. 

Robert Sidman, 

Deputy Secretary of the Commission. 

[FR Doc. 2022–14089 Filed 6–30–22; 8:45 am] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities Under OMB Review 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

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 Information and Regulatory 

Affairs (‘‘OIRA’’), of 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 1, 2022. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be 

submitted within 30 days of this 

notice’s publication to OIRA, at https:// 

www.reginfo.gov/public/do/PRAMain. 

Please find this particular information 

collection by selecting ‘‘Currently under 

30-day Review—Open for Public 

Comments’’ or by using the website’s 

search function. Comments can be 

entered electronically by clicking on the 

‘‘comment’’ button next to the 

information collection on the ‘‘OIRA 

Information Collections Under Review’’ 

page, or the ‘‘View ICR—Agency 

Submission’’ page. A copy of the 

supporting statement for the collection 

of information discussed herein may be 

obtained by visiting https://

www.reginfo.gov/public/do/PRAMain. 

In addition to the submission of 

comments to https://Reginfo.gov as 

indicated above, a copy of all comments 

submitted to OIRA may also be 

submitted to the Commodity Futures 

Trading Commission (the 

‘‘Commission’’ or ‘‘CFTC’’) by clicking 

on the ‘‘Submit Comment’’ box next to 

the descriptive entry for OMB Control 

No. 3038–0024, at https://

comments.cftc.gov/FederalRegister/ 

PublicInfo.aspx. 

Or by either of the following methods: 

• Mail: Christopher Kirkpatrick, 

Secretary of the Commission, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 


khammond on DSKJM1Z7X2PROD with NOTICES
39506 Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Notices 

1 17 CFR 145.9. 

2Rounded off from 250.7714033. 

3This figure is derived from 250.7714033 (burden 

hours per respondent) × 1,133 respondents = 

284,124. 

4For example, FCMs have both daily and 

monthly financial reporting obligations, annual 

certified financial and compliance report 

obligations, and periodic notice requirements. 

1155 21st Street NW, Washington, DC 

20581. 

• Hand Delivery/Courier: Same as 

Mail above. 

All comments must be submitted in 

English, or if not, accompanied by an 

English translation. Comments 

submitted to the Commission should 

include 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 § 145.9 

of the Commission’s regulations.1 The 

Commission reserves the right, but shall 

have no obligation, to review, prescreen, filter, redact, refuse or remove 

any or all of your submission from 

https://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 

Freedom of Information Act. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Bauer, Special Counsel, Market 

Participants Division, Commodity 

Futures Trading Commission, Three 

Lafayette Centre, 1155 21st Street NW, 

Washington, DC 20581; (202) 418–5472; 

email: jbauer@cftc.gov. 

SUPPLEMENTARY INFORMATION:

Title: Regulations and Forms 

Pertaining to the Financial Integrity of 

the Marketplace (OMB Control No. 

3038–0024). This is a request for an 

extension of a currently approved 

information collection. 

Abstract: The Commission is the 

independent federal regulatory agency 

charged with providing various forms of 

customer protection so that users of the 

commodity markets can be assured of 

the financial integrity of the markets 

and the intermediaries that they employ 

in their trading activities. Part 1 of the 

Commission’s regulations requires, 

among other things, that commodity 

brokers—known as futures commission 

merchants (‘‘FCMs’’), or Introducing 

Brokers (‘‘IBs’’), comply with certain 

minimum financial requirements. In 

order to monitor compliance with these 

financial standards, the Commission has 

required FCMs and IBs to file financial 

reports with the Commission and with 

the designated self-regulatory 

organization of which they are members 

as well as to report to the Commission 

should certain financial requirements 

drop below prescribed minimums. 

In 2008, the U.S. Congress passed the 

Food, Conservation, and Energy Act of 

2008, Public Law 110–246, 122 Stat. 

1651, 2189–2204 (2008), also known as 

the Farm Bill. The Farm Bill provided 

the Commission with new authority 

with regard to the regulation of offexchange retail forex transactions. 

Among other things, it directed the 

Commission to draft rules effectuating 

registration provisions for a new 

category of registrant—the retail foreign 

exchange dealer (‘‘RFED’’). Under the 

terms of the legislation, RFEDs are 

subject to the same capital requirements 

as FCMs that are engaged in retail forex 

transactions, and, therefore, subject to 

the same reporting requirements. 

Accordingly, this collection was 

amended to reflect the financial 

reporting requirements of the new 

category of registrant, RFEDs. 

In 2010, the U.S. Congress passed the 

Wall Street Reform and Consumer 

Protection Act (the ‘‘Dodd-Frank Act’’), 

Public Law 111–203, 124 Stat. 1376 

(2010), giving the Commission the 

authority to regulate certain swap 

markets and participants in those 

markets. Section 731 of the Dodd-Frank 

Act, amended the Commodity Exchange 

Act (‘‘CEA’’), 7 U.S.C. 1 et seq., to add, 

as section 4s(e) thereof, provisions 

concerning the setting of capital and 

initial and variation margin 

requirements for swap dealers (‘‘SDs’’) 

and major swap participants (‘‘MSPs’’). 

In 2016 and 2020 respectively, the 

Commission finalized the Margin 

Requirements for Uncleared Swaps for 

Swap Dealers and Major Swap 

Participants rule and the Capital 

Requirements for Swap Dealers and 

Major Swap Participants rule to 

implement those requirements. 

Specifically, such rules include 

financial reporting and recordkeeping, 

as well as application processes for 

model approval for both capital and 

margin models for SDs and MSPs that 

do not have a prudential regulator 

(‘‘Covered Swap Entities’’ or ‘‘CSEs’’). 

Separately, in 2013, the Commission 

finalized rules in an effort to prevent 

unauthorized usage of customer funds 

by FCMs and RFEDs. The final rules 

included modifications to the reporting 

requirements required by the 

Commission which resulted in changes 

to the financial statements filed by 

FCMs and RFEDs, and made some of the 

recordkeeping requirements already 

contained in this OMB Collection 

Number 3038–0024 into reporting 

requirements. These rules added 

additional recordkeeping requirements 

by FCMs to assure the segregation of 

customer funds. This collection, OMB 

Control No. 3038–0024, is needed for 

the Commission to continue its financial 

monitoring of its registrants. 

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. On April 29, 2022, the 

Commission published in the Federal 

Register notice of the proposed 

extension of this information collection 

and provided 60 days for public 

comment on the proposed extension, 87 

FR 25468 (‘‘60-Day Notice’’). The 

Commission did not receive any 

relevant comments on the 60-Day 

Notice. 

Burden Statement: The Commission 

is revising its estimate of the burden for 

this collection to reflect the current 

number of respondents and estimated 

burden hours. The Commission is 

revising its estimate of the burden for 

this collection for approximately 61 

FCMs and RFEDs, 53 CSEs and 1,019 

IBs. The respondent burden for this 

collection is estimated to be as follows: 

Estimated Number of Respondents: 

1,133. 

Estimated Average Burden Hours per 

Respondent: 251 hours.2

Estimated Total Annual Burden 

Hours: 284,124 hours.3

Frequency of Collection: At various 

intervals.4

There are no capital costs or operating 

and maintenance costs associated with 

this collection. 

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

Dated: June 27, 2022. 

Robert Sidman, 

Deputy Secretary of the Commission. 

[FR Doc. 2022–14086 Filed 6–30–22; 8:45 am] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities Under OMB Review 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 


khammond on DSKJM1Z7X2PROD with NOTICES