[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