2023-23399
[Federal Register Volume 88, Number 204 (Tuesday, October 24, 2023)]
[Notices]
[Pages 73006-73007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23399]
=======================================================================
-----------------------------------------------------------------------
COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities Under OMB Review
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice.
-----------------------------------------------------------------------
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 24, 2023.
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. 3038-0059, 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
[[Page 73007]]
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.
---------------------------------------------------------------------------
\1\ 17 CFR 145.9.
FOR FURTHER INFORMATION CONTACT: Andrew Stein, Assistant Chief Counsel,
Division of Market Oversight, Commodity Futures Trading Commission,
(202) 418-6054, email: [email protected], and refer to OMB Control No.
---------------------------------------------------------------------------
3038-0059.
SUPPLEMENTARY INFORMATION:
Title: Part 41 Relating to Security Futures Products (OMB Control
No. 3038-0059). This is a request for extension of a currently approved
information collection.
Abstract: Section 4d(c) of the Commodity Exchange Act (``CEA''), 7
U.S.C. 6d(c), requires the CFTC to consult with the Securities and
Exchange Commission (``SEC'') and issue such rules, regulations, or
orders as are necessary to avoid duplicative or conflicting regulations
applicable to firms that are fully registered with the SEC as brokers
or dealers and the CFTC as futures commission merchants, involving
provisions of the CEA that pertain to the treatment of customer funds.
The CFTC, jointly with the SEC, issued regulations requiring such
dually-registered firms to make choices as to how its customers'
transactions in security futures products will be treated, either as
securities transactions held in a securities account or as futures
transactions held in a futures account. How an account is treated is
important in the unlikely event of the insolvency of the firm. Only
securities accounts receive insurance protection under provisions of
the Securities Investor Protection Act. By contrast, only futures
accounts are subject to the protections provided by the segregation
requirements of the CEA.
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.\2\ The Federal Register notice with
a 60-day comment period soliciting comments on this collection of
information was published on August 9, 2023 (88 FR 53871). The
Commission did not receive any relevant comments pursuant to the 60-Day
Notice.
---------------------------------------------------------------------------
\2\ 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 1320.8 (b)(3)(vi).
---------------------------------------------------------------------------
Burden Statement: The respondent burden for this collection is
estimated to average .9 hours per response. This estimate includes 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.
Affected Entities: Entities potentially affected by this action are
businesses and other for-profit institutions.
Respondents/Affected Entities: 9.
Estimated average burden hours per respondent: 52 hours (rounded).
Estimated total annual burden on respondents: 467 hours.
Frequency of collection: On occasion.
There are no capital costs or operating and maintenance costs
associated with this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: October 18, 2023.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023-23399 Filed 10-23-23; 8:45 am]
BILLING CODE 6351-01-P