[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Notices]
[Pages 31750-31751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11296]
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COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities Under OMB Review
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice.
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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 June 26, 2020.
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. 3038-0049, 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, 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 Sec. 145.9 of the
Commission's regulations.\1\ 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://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.
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\1\ 17 CFR 145.9.
FOR FURTHER INFORMATION CONTACT: Jacob Chachkin, Special Counsel,
Division of Swap Dealer and Intermediary Oversight, Commodity Futures
Trading Commission, (202) 418-5496, email: [email protected]; Steven
Haidar, Special Counsel, Division of Market Oversight, Commodity
Futures Trading Commission, (202) 418-5611, email: [email protected]; or
Melissa D'Arcy, Special Counsel, Division of Clearing and Risk,
Commodity Futures Trading Commission, (202) 418-5086, email:
_____________________________________-
[email protected]; and refer to OMB Control No. 3038-0049.
SUPPLEMENTARY INFORMATION:
Title: Procedural Requirements for Requests for Interpretative, No-
Action, and Exemptive Letters (OMB Control No. 3038-0049). This is a
request for an extension of a currently approved information
collection.
Abstract: This collection covers the information requirements for
voluntary requests for, and the issuance of, interpretative, no-action,
and exemptive letters submitted to Commission staff pursuant to the
provisions of section 140.99 of the Commission's regulations,\2\ and
related requests for confidential treatment pursuant to section
140.98(b) \3\ of the Commission's regulations.
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\2\ 17 CFR 140.99. An archive containing CFTC staff letters may
be found at http://www.cftc.gov/LawRegulation/CFTCStaffLetters/index.htm.
\3\ 17 CFR 140.98(b).
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The collection requirements described herein are voluntary. They
apply to parties that choose to request a benefit from Commission staff
in the form of the regulatory action described in section 140.99. Such
benefits may include, for example, relief from some or all of the
burdens associated with other collections of information, relief from
regulatory obligations that do not constitute collections of
information, interpretations, or extensions of time for compliance with
certain Commission regulations. It is likely that persons who would opt
to request action under section 140.99 will have determined that the
sought relief substantially outweighs the information collection
burdens.
This information collection is necessary, and would be used, to
assist Commission staff in understanding the type of relief that is
being requested and the basis for the request. It is also
[[Page 31751]]
necessary, and would be used, to provide staff with a sufficient basis
for determining whether: (1) Granting the relief would be necessary or
appropriate under the facts and circumstances presented by the
requestor; (2) the relief provided should be conditional and/or time-
limited; and (3) granting the relief would be consistent with staff
responses to requests that have been presented under similar facts and
circumstances. In some cases, the requested relief might be granted
upon the requirement that those who seek the benefits of that relief
fulfill certain conditions that are necessary to ensure that the relief
granted by Commission staff is appropriate. Once again, it is likely
that those who would comply with these conditions will have determined
that the sought relief outweighs the compliance burden. This
information collection also is necessary to provide a mechanism whereby
persons requesting interpretative, no-action, and exemptive letters may
seek temporary confidential treatment of their request and the
Commission staff response thereto and the grounds upon which such
confidential treatment is sought.
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 March 18, 2020, 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, 85 FR 15436 (``60-Day Notice''). The Commission
did not receive any relevant comments on the 60-Day Notice.
Accordingly, the Commission believes that the burden estimate described
in the 60-Day Notice is appropriate.
Burden Statement: The Commission is revising its estimate of the
burden for this collection for persons registered with the Commission
(such as commodity pool operators, commodity trading advisors,
derivatives clearing organizations, designated contract markets,
futures commission merchants, introducing brokers, swap dealers, and
swap execution facilities), persons seeking an exemption from
registration, persons whose registration with the Commission is
pending, trade associations and their members, eligible contract
participants, and other persons seeking relief from discrete regulatory
requirements.
The respondent burden for this collection is estimated to be as
follows:
Estimated Number of Respondents: 68.
Estimated Average Burden Hours per Respondent: 40.
Estimated Total Annual Burden Hours: 2,720.
Frequency of Collection: Occasional.
There are no capital costs or operating and maintenance costs
associated with this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: May, 20, 2020.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2020-11296 Filed 5-26-20; 8:45 am]
BILLING CODE 6351-01-P