2021-23442
[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Notices]
[Pages 59697-59698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23442]
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COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities: Notice of Intent To
Renew Collection, Rules Relating to Review of National Futures
Association Decisions in Disciplinary, Membership Denial, Registration,
and Member Responsibility Actions
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice.
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SUMMARY: The Commodity Futures Trading Commission (``CFTC'' or
``Commission'') is announcing an opportunity for public comments on the
proposed extension of a collection of certain information by the
agency. Under the Paperwork Reduction Act (``PRA''), Federal agencies
are required to publish notice in the Federal Register concerning each
proposed collection of information, including each proposed extension
of an existing collection of information, and to allow 60 days for
public comment. This notice solicits comments on rules relating to
review of National Futures Association decisions in disciplinary,
membership denial, registration, and member responsibility actions.
DATES: Comments must be submitted on or before December 27, 2021.
[[Page 59698]]
ADDRESSES: You may submit comments, identified by ``OMB Control No.
3038- 0043'' by any of the following methods:
The Agency's website, at https://comments.cftc.gov/.
Follow the instructions for submitting comments through the website.
Mail: Christopher J. 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 method. All comments
must be submitted in English, or if not, accompanied by an English
translation. Comments will be posted as received to https://www.cftc.gov.
FOR FURTHER INFORMATION CONTACT: Melissa Chiang, Senior Assistant
General Counsel, Office of General Counsel, Commodity Futures Trading
Commission, (202) 418-5578; email: [email protected].
SUPPLEMENTARY INFORMATION: Under the PRA, Federal agencies must obtain
approval from the Office of Management and Budget (OMB) for each
collection of information they conduct or sponsor. ``Collection of
Information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3 and
includes agency requests or requirements that members of the public
submit reports, keep records, or provide information to a third party.
Section 3506(c)(2)(A) of the PRA, 44 U.S.C. 3506(c)(2)(A), requires
Federal agencies to provide a 60-day notice in the Federal Register
concerning each proposed collection of information before submitting
the collection to OMB for approval. To comply with this requirement,
the CFTC is publishing notice of the proposed collection of information
listed below. 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.\1\
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\1\ The OMB control numbers for the CFTC's regulations were
published on December 30, 1981. See 46 FR 63035 (Dec. 30, 1981).
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Title: Rules Relating to Review of National Futures Association
Decisions in Disciplinary, Membership Denial, Registration, and Member
Responsibility Actions (OMB Control No. 3038-0043). This is a request
for extension of a currently approved information collection.
Abstract: 17 CFR part 171 rules require a registered futures
association to provide fair and orderly procedures for membership and
disciplinary actions. The Commission's review of decisions of
registered futures associations in disciplinary, membership denial,
registration, and member responsibility actions is governed by Section
17(h)(2) of the Commodity Exchange Act, 7 U.S.C. 21(h)(2). The rules
establish procedures and standards for Commission review of such
actions, and the reporting requirements included in the procedural
rules are either directly required by Section 17 of the Commodity
Exchange Act or are necessary to the type of appellate review role
Congress intended the Commission to undertake when it adopted that
provision.
With respect to the collection of information, the CFTC invites
comments on:
Whether the proposed collection of information is
necessary for the proper performance of the functions of the
Commission, including whether the information will have a practical
use;
The accuracy of the Commission's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
Ways to enhance the quality, usefulness, and clarity of
the information to be collected; and
Ways to minimize the burden of collection of information
on those who are to respond, including through the use of appropriate
automated electronic, mechanical, or other technological collection
techniques or other forms of information technology; e.g., permitting
electronic submission of responses.
You should submit 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.\2\
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\2\ 17 CFR 145.9.
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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 Information Collection Request 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.
Burden Statement: The estimated annual respondent burden for this
collection is set forth below.
Respondents/Affected Entities: Individuals or entities filing
appeals from disciplinary and membership decisions by National Futures
Association.
Estimated number of respondents per year: 1.
Estimated average burden hour(s) per response: 1 hour.\3\
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\3\ This estimate includes the time needed to transmit decisions
of disciplinary, membership denial, registration, and member
responsibility actions to the Commission for review.
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Estimated number of annual responses per respondent: 3.
Estimated total annual burden on respondent(s): 3 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 22, 2021.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2021-23442 Filed 10-27-21; 8:45 am]
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