[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Notices]
[Page 73150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20200]


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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-392, OMB Control No. 3235-0447]


Proposed Collection; Comment Request; Extension: Rule 17f-6

Upon Written Request, Copies Available From: Securities and Exchange 
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC 
20549-2736

    Notice is hereby given that, pursuant to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange 
Commission (the ``Commission'') is soliciting comments on the 
collection of information summarized below. The Commission plans to 
submit this existing collection of information to the Office of 
Management and Budget for extension and approval.
    Rule 17f-6 (17 CFR 270.17f-6) under the Investment Company Act of 
1940 (15 U.S.C. 80a) permits registered investment companies 
(``funds'') to maintain assets (i.e., margin) with futures commission 
merchants (``FCMs'') in connection with commodity transactions effected 
on both domestic and foreign exchanges. Before the rule was adopted, 
funds generally were required to maintain these assets in special 
accounts with a custodian bank.
    The rule requires a written contract that contains certain 
provisions designed to ensure important safeguards and other benefits 
relating to the custody of fund assets by FCMs. To protect fund assets, 
the contract must require that FCMs comply with the segregation or 
secured amount requirements of the Commodity Exchange Act (``CEA'') and 
the rules under that statute. The contract also must contain a 
requirement that FCMs obtain an acknowledgment from any clearing 
organization that the fund's assets are held on behalf of the FCM's 
customers according to CEA provisions.
    Because rule 17f-6 does not impose any ongoing obligations on funds 
or FCMs, Commission staff estimates there are only costs related to new 
contracts between funds and FCMs. This estimate does not include the 
time required by an FCM to comply with the rule's contract requirements 
because, to the extent that complying with the contract provisions 
could be considered ``collections of information,'' the burden hours 
for compliance are already included in other PRA submissions.\1\ 
Commission staff estimates that approximately 1,164 series of 151 funds 
report that futures commission merchants and commodity clearing 
organizations provide custodial services to the fund.\2\ Based on these 
estimates, the total annual burden hours associated with rule 17f-6 is 
27 hours. The estimated total annual burden hours associated with rule 
17f-6 have decreased 1 hour, from 28 to 27 hours and external costs 
increased from $11,900 to $15,534. These changes in burden hours and 
external costs reflect changes in the number of affected entities and 
in the external cost associated with the information collection 
requirements. These changes reflect revised estimates.
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    \1\ The rule requires a contract with the FCM to contain two 
provisions requiring the FCM to comply with existing requirements 
under the CEA and rules adopted thereunder; thus, to the extent 
these provisions could be considered collections of information, the 
hours required for compliance would be included in the collection of 
information burden hours submitted by the CFTC for its rules.
    \2\ This estimate is based on the average number of funds that 
reported on Form N-CEN from April 2021-March 2024, in response to 
sub-items C.12.6. and D.14.6; money market funds are excluded from 
this estimate because exchange-traded futures contracts or commodity 
options are not eligible securities for money market funds; the 
number of series and funds that reported on Form N-CEN in response 
these sub-items were: 1,112 series of 150 funds for the period April 
2021-March 2022; 1,180 series of 152 funds for the period April 
2022-March 2023; and 1,210 series of 151 funds for the period April 
2023-March 2024 (for filings received through June 30, 2024).
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    These estimates are made solely for the purposes of the Paperwork 
Reduction Act, and are not derived from a comprehensive or even a 
representative survey or study of the costs of Commission rules and 
forms.
    Compliance with the collection of information requirements of the 
rule is necessary to obtain the benefit of relying on the rule. 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 control number.
    Written comments are invited on: (a) whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; (b) the accuracy of the Commission's 
estimate of the burden of the collection of information; (c) ways to 
enhance the quality, utility, and clarity of the information collected; 
and (d) ways to minimize the burden of the collection of information on 
respondents, including through the use of automated collection 
techniques or other forms of information technology. Consideration will 
be given to comments and suggestions submitted by November 8, 2024.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information under the PRA unless it 
displays a currently valid OMB control number.
    Please direct your written comments to: Austin Gerig, Director/
Chief Data Officer, Securities and Exchange Commission, c/o Oluwaseun 
Ajayi, 100 F Street NE, Washington, DC 20549 or send an email to: 
[email protected].

    Dated: September 3, 2024.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2024-20200 Filed 9-6-24; 8:45 am]
BILLING CODE 8011-01-P