[Federal Register Volume 69, Number 119 (Tuesday, June 22, 2004)]
[Notices]
[Pages 34655-34656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14010]


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COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities Under OMB Review

AGENCY: Commodity Futures Trading Commission.

[[Page 34656]]


ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), 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 July 22, 2004.

FOR FURTHER INFORMATION OR A COPY CONTACT: Kevin Walek, Division of 
Clearing and Intermediary Oversight, CFTC, (202) 418-5463; FAX: (202) 
418-5536; email: [email protected] and refer to OMB Control No. 3038-
0005.

SUPPLEMENTARY INFORMATION: 
    Title: Rules Relating to the Operations and Activities of Commodity 
Pool Operators and Commodity Trading Advisors and to Monthly Reporting 
by Futures Commission Merchants, (OMB Control No. 3038-0005). This is a 
request for revision of a currently approved information collection.
    Abstract: Part 4 of the Commission's Regulations set forth the 
Commission's rules prescribing the disclosure of risk, the filing of 
reports, and the keeping of books and records. Each CPO who is 
registered or required to be registered and solicits prospective 
participants in a commodity pool must, absent an exemption, deliver to 
prospective participants, and file with the NFA, a Disclosure Document 
containing information specified by 4.24 and 4.25 before the CPO may 
accept funds or other property in exchange for participation in the 
pool. CTAs also must comply with the disclosure requirements of 4.34 
and 4.35 before they may enter into an agreement to direct or to guide 
a client's commodity interest trading account.
    Rule 4.22 requires that CPOs who are registered or required to be 
registered also must provide pool participants with an unaudited 
monthly or quarterly Account Statement for the poll, and an Annual 
Report for the pool that contains the net asset value of the pool and 
Statements of Financial Condition, Income (Loss), Changes in Financial 
Position, and Changes in Ownership Equity. Rule 4.23 for CPOs, and 4.33 
for CTAs provide for the types of books and records that must be 
maintained by these registrants.
    Section 133(d) requires each futures commission merchant (FCM) to 
furnish to a person that controls the account of the FCM's customer 
(e.g., a CTA) the same information that the FCM must furnish to the 
customers. Without this data, the person controlling the account lacks 
critical and timely information about the trades executed for the 
client's account.
    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 OMB control numbers for the 
CFTC's regulations were published on December 30, 1981. See 46 FR 63035 
(Dec. 30, 1981). The Federal Register notice with a 60-day comment 
period soliciting comments on this collection of information was 
published on February 23, 2004 (69 FR 8181-01).
    Burden statement: The respondent burden for this collection is 
estimated to average 6.5 hours per response. These estimates include 
the time needed to review instructions; develop, acquire, install, and 
utilize technology and systems for the purposes of collecting, 
validating, and verifying information, processing and maintaining 
information and disclosing and providing information; adjust the 
existing ways to comply with any previously applicable instructions and 
requirements; train personnel to be able to respond to a collection of 
information; and transmit or otherwise disclose the information.
    Respondents/Affected Entities: Commodity Pool Operators, Commodity 
Trading Advisors, and Futures Commission Merchants.
    Estimated number of respondents: 7,200.
    Estimated total annual burden on respondents: 115,871 hours.
    Frequency of collection: On occasion, quarterly, monthly, and 
annually.
    Send comments regarding the burden estimated or any other aspect of 
the information collection, including suggestions for reducing the 
burden, to the addresses listed below. Please refer to OMB Control No. 
3038-0005 in any correspondence.
    Kevin Walek, Division of Clearing and Intermediary Oversight, U.S. 
Commodity Futures Trading Commission, 1155 21st Street, NW., 
Washington, DC 20581, and Office of Information and Regulatory Affairs, 
Office of Management and Budget, Attention: Desk Officer for CFTC, 725 
17th Street, Washington, DC 20503.

    Dated: June 15, 2004.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 04-14010 Filed 6-21-04; 8:45 am]
BILLING CODE 6351-01-M