[Federal Register Volume 72, Number 145 (Monday, July 30, 2007)]
[Notices]
[Pages 41498-41499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3697]


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COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities Under OMB Review: Notice 
of Intent To Renew Collection 3038-0054, Establishing Procedures for 
Entities Operating as Exempt Markets

AGENCY: Commodity Futures Trading Commission.

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 the expected costs and burden; it 
includes the actual data collection instruments [if any].

DATES: Comments must be submitted on or before August 29, 2007.

FOR FURTHER INFORMATION CONTACT: Riva Spear Adriance, Division of 
Market Oversight, U.S. Commodity Futures Trading Commission, 1155 21st 
Street, NW., Washington, DC 20581, (202) 418-5494; FAX: (202) 418-5527; 
e-mail: [email protected] and refer to OMB Control No. 3038-0054.

SUPPLEMENTARY INFORMATION: 
    Title: Establishing Procedures for Entities Operating as Exempt 
Markets, OMB Control No. 3038-0054. This is a request for extension of 
a currently approved information collection.
    Abstract: Sections 2(h)(3) through (5) of the Commodity Exchange 
Act (Act) provides that exempt commercial markets are markets excluded 
from the Act's other requirements. The rules implement the qualifying 
conditions of the exemption. Rule 36.3(a) implements the notification 
requirements, and rule 36.3(b)(1) establishes information requirements 
for exempt commercial markets consistent with section 2(h)(5)(B) of the 
Act. An exempt commercial market may provide the Commission with access 
to transactions conducted on the facility or it can satisfy its 
reporting requirements by complying with the Commission's reporting 
requirements. The Act affirmatively vests the Commission with 
comprehensive anti-manipulation enforcement authority over these 
trading facilities. The Commission is

[[Page 41499]]

charged with monitoring these markets for manipulation and enforcing 
the anti-manipulation provisions of the Act. The informational 
requirements imposed by proposed rules are designed to ensure that the 
Commission can effectively perform these functions. Section 5d of the 
Act establishes a category of market exempt from Commission oversight 
referred to as an ``exempt board of trade.'' Rule 36.2 implements 
regulations that define those commodities that are eligible to trade on 
an exempt board of trade. Rule 36.2(b) implements the notification 
requirements of section 5d of the Act. Rule 36.2(b)(1) requires exempt 
boards of trade relying on this exemption to disclose to traders that 
the facility and trading on the facility is not regulated by the 
Commission. This requirement is necessary to make manifest the nature 
of the market and to avoid misleading the public.
    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 May 22, 2007 (72 FR 28686).
    Burden statement: The respondent burden for this collection is 
estimated to average 20 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: 20.
    Estimated number of responses: 20.
    Estimated total annual burden on respondents: 200 hours.
    Frequency of collection: On Occasion.
    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. 
3038-0054 in any correspondence. Riva Spear Adriance, Division of 
Market 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: July 24, 2007.
Eileen A. Donovan,
Acting Secretary of the Commission.
[FR Doc. 07-3697 Filed 7-27-07; 8:45 am]
BILLING CODE 6351-01-M