88 FR 29100
[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29100-29101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09630]
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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. A Federal Register Notice with a 60-day comment
period soliciting comments on the ICR was published on May 17, 2022.
DATES: Comments must be submitted on or before June 5, 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 ``Qualification Information for
Candidates to Advisory Committees and Subcommittees,'' 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: Michelle Ghim, Assistant General
Counsel, Commodity Futures Trading Commission, 202-418-5000. Three
Lafayette Centre, 1155 21st Street NW, Washington, DC 20581; email:
_____________________________________-
[email protected].
SUPPLEMENTARY INFORMATION:
Title: Qualification Information for Candidates to Advisory
Committees and Subcommittees. This is a request for a new information
collection.
Abstract: The CFTC's advisory committees were created to provide
input and make recommendations to the Commission on a variety of
regulatory and market issues that affect the integrity and
competitiveness of U.S. derivatives markets. The committees facilitate
communication between the Commission and U.S. derivatives markets,
trading firms, market participants, and end users. The CFTC currently
has five advisory committees. The Energy and Environmental Markets
[[Page 29101]]
Advisory Committee was established by the Dodd-Frank Wall Street Reform
and Consumer Protection Act, Public Law 111-203, and subsequently
codified in the Commodity Exchange Act, 7 U.S.C. 1 et seq., at 7 U.S.C.
2(a)(15), and is not subject to the Federal Advisory Committee Act
(FACA), 5 U.S.C. 1001 et seq. The Agricultural Advisory Committee,
Global Markets Advisory Committee, Market Risk Advisory Committee, and
the Technology Advisory Committee are discretionary committees under
the FACA. The Commission also establishes subcommittees that report to
advisory committees as needed. Advisory committee and subcommittee
members are generally representatives, but depending on the issues to
be addressed, the Commission will appoint special government employees
and officials from other federal agencies from time to time.
Representatives provide the viewpoints of entities or recognizable
groups, and they are expected to represent a particular and known bias.
On the other hand, special government employees are expected to provide
their own independent judgment in committee deliberations and are
expected to discuss and deliberate in a manner that is free from
conflicts of interest.\2\ Advisory committee and subcommittee members
generally serve 2, 3 or 4-year terms, and appointments are made
following the establishment of a new subcommittee or as committee or
subcommittee vacancies arise.
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\2\ 18 U.S.C. 202(a).
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The CFTC identifies candidates for advisory committee and
subcommittee membership through a variety of methods, including public
requests for nominations; recommendations from existing advisory
committee members; consultations with knowledgeable persons outside the
CFTC (industry, consumer groups, other state or federal government
agencies, academia, etc.); requests to be represented received from
individuals and organizations; and Commissioners' and CFTC staff's
professional knowledge of those experienced in the derivatives and
underlying commodities markets. Following the identification process,
the CFTC develops a list of proposed members with the relevant points
of view needed to ensure membership balance. The Commission then votes
to appoint individuals, or specified organizations, to serve.\3\
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\3\ Appendix A to subpart C of 41 CFR 102-3, the Federal
Advisory Committee Management Final Rule notes that the FACA does
not specify the manner in which advisory committee members must be
appointed.
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The collection of information is necessary to support the CFTC
Advisory Committee Program which includes committees, most of which are
governed by the FACA, and subcommittees that report directly to the
CFTC FACA committees, as noted above. Pursuant to the FACA, an agency
must ensure that a committee is balanced with respect to the viewpoints
represented and the functions to be performed by that committee.
Consistent with this, in order to select individuals for potential
membership on an advisory committee, the CFTC must determine that
potential members are qualified to serve on an advisory committee and
that the viewpoints are properly balanced on the committee. The CFTC is
also required to ensure that committee members are properly designated
as special government employees or representatives.\4\ While CFTC
subcommittees are not subject to the FACA, the selection process for
subcommittee members who are not already serving on the parent
committee is similar to that of new committee members. Additionally,
the agency follows similar member selection procedures for the agency's
non-FACA committee.
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\4\ See, OGE DO-04X9, DO-04-022, and DO-05-012.
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CFTC staff would use the information collected to determine the
experience and expertise of potential advisory committee and
subcommittee members, ensure that the membership on a committee or
subcommittee is balanced, and ensure that committee and subcommittee
members are properly designated as representatives or special
government employees.
The CFTC seeks to collect the following information: Information
that supports an individual's experience and expertise to serve on an
advisory committee or subcommittee, including letters of interest,
recommendation letters, nomination letters (including self-
nominations), resumes, curriculum vitae or other similar biographical
information document. Additionally, information that ensures membership
balance (e.g., represented viewpoint category) and appropriate
designation of an individual as either a representative or special
government employee.
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.\5\ On May 17, 2022, the Commission
published in the Federal Register a notice of a proposed information
collection and provided 60 days for public comment on the proposed
extension, 87 FR 29855 (``60-Day Notice''). The Commission did not
receive any relevant comments on the 60-Day Notice.
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\5\ 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 1320.8 (b)(3)(vi).
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Burden Statement: The respondent burden for this collection is
estimated to be as follows:
Estimated Number of Respondents: 91.
Estimated Average Burden Hours per Respondent: 1.
Estimated Total Annual Burden Hours: 91.
Frequency of Collection: As needed.
There are no capital costs or operating and maintenance costs
associated with this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: May 2, 2023.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023-09630 Filed 5-4-23; 8:45 am]
BILLING CODE 6351-01-P