2020-23793
Federal Register, Volume 85 Issue 209 (Wednesday, October 28, 2020)
[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Notices]
[Pages 68310-68311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23793]
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COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities: Notice of Intent To
Renew Collection 3038-0103, Ownership and Control Reports, Forms 102/
102S, 40/40S, and 71 (Trader and Account Identification Reports)
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 November 27, 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. 3038-0103, 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.
Please submit your comments using only one of these methods and
identify that it is for the renewal of Collection Number 3038-0103. 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: Elie Mishory, Special Counsel,
Division of Market Oversight, Commodity Futures Trading Commission, at
(202) 418-5609 or [email protected], and refer to OMB Control No. 3038-
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0103.
SUPPLEMENTARY INFORMATION:
Title: Ownership and Control Reports, Forms 102/102S, 40/40S, and
71 (Trader and Account Identification Reports) (OMB Control No. 3038-
0103). This is a request for extension and revision of a currently
approved information collection.
Abstract: The ownership and control reports rules \2\ created new
information collection requirements via Sec. Sec. 17.01, 18.04, 18.05,
and 20.5. Specifically, Sec. 17.01 provides for the filing of Form
102A, Form 102B and Form 71, as follows:
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\2\ See Commission, Final Rule: Ownership and Control Reports,
Forms 102/102S, 40/40S, and 71, 78 FR 69178 (November 18, 2013).
Terms used herein and not otherwise defined herein shall have the
meaning assigned to such terms in the final rules or in the
Commission's regulations.
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Pursuant to Sec. 17.01(a), futures commission merchants
(``FCMs''), clearing members, and foreign brokers shall identify new
special accounts to the Commission on Form 102A;
pursuant to Sec. 17.01(b), clearing members shall
identify volume threshold accounts to the Commission on Form 102B; and
pursuant to Sec. 17.01(c), omnibus volume threshold
account originators and omnibus reportable sub-account originators
shall identify reportable sub-accounts to the Commission on Form 71
when requested via a special call by the Commission or its designee.
Additional reporting requirements arise from Sec. 18.04, which
results in the collection of information via Form 40 from and regarding
traders who own, hold, or control reportable positions; volume
threshold account controllers; persons who own volume threshold
accounts; reportable sub-account controllers; and persons who own
reportable sub-accounts.
Reporting requirements also arise from Sec. 20.5(a), which
requires all reporting entities to submit Form 102S
[[Page 68311]]
for swap counterparty or customer consolidated accounts with reportable
positions. In addition, Sec. 20.5(b) requires every person subject to
books or records under current Sec. 20.6 to complete a 40S filing
after a special call upon such person by the Commission.
In addition to the reporting requirements summarized above, Sec.
18.05 imposes recordkeeping requirements upon: (1) Traders who own,
hold, or control a reportable futures or options on futures position;
(2) volume threshold account controllers; (3) persons who own volume
threshold accounts; (4) reportable sub-account controllers; and (5)
persons who own reportable sub-accounts.
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, 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 51022 (August 19,
2020), (``60-Day Notice'') The Commission did not receive any comments
on the 60-Day Notice.
Burden Statement: The Commission is revising its estimate of the
burden for this collection. The respondent burden for this collection
is estimated to be as follows:
Estimated Number of Respondents: 1,856.
Estimated Average Burden Hours per Respondent: 101.
Estimated Total Annual Burden Hours: 188,080.
Frequency of Collection: On occasion.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: October 22, 2020.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2020-23793 Filed 10-27-20; 8:45 am]
BILLING CODE 6351-01-P