2023-14773
[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Notices]
[Pages 44280-44281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14773]
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COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities: Notice of Intent To
Extend Collection 3038-0005: Rules Relating to the Operations and
Activities of Commodity Pool Operators and Commodity Trading Advisors
and to Monthly Reporting by Futures Commission Merchants
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 comment on the collection of
certain information by the Commission. Under the Paperwork Reduction
Act (PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including proposed extension of an existing collection of information,
and to allow 60 days for public comment. This Federal Register notice
solicits comments on the PRA implications of renewing the collection of
data by the Commission, including comments addressing the burden to the
entities in collecting the relevant information.
DATES: Comments must be submitted on or before September 11, 2023.
ADDRESSES: You may submit comments, identified by ``OMB Control No.
3038-0005'' 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 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: Amanda Olear, Director, (202) 418-
5283, [email protected]; Pamela Geraghty, Deputy Director, (202) 418-
5634, [email protected]; Peter Sanchez, Acting Associate Director,
(202) 418-5237, [email protected]; or Elizabeth Groover, Special
Counsel, (202) 418-5985, [email protected], Market Participants
Division, Commodity Futures Trading Commission, 1155 21st Street NW,
Washington, DC 20581.
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 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 number.
Title: Rules Relating to the Operations and Activities of Commodity
Pool Operators and Commodity Trading Advisors and to Monthly Reporting
by Futures Commission Merchants (OMB control number 3038-0005). This is
a request for extension of a currently approved information collection.
Abstract: The various collections of information required by part 4
\1\ of the Commission's regulations were previously approved by OMB in
accordance with the PRA and assigned OMB control number 3038-0005. The
Commission offers the following summary of the renewal to the notice
and the resulting estimated impact on existing burden hour estimates
associated with this information collection.
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\1\ 17 CFR 4.1-4.41.
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The Commodity Exchange Act (CEA) empowers the Commission with the
authority to require commodity pool operators (CPOs) and commodity
trading advisors (CTAs) to maintain books and records and to file
reports as required by the Commission.\2\ The Commission also has the
power to promulgate such regulations as it deems necessary to implement
the purposes of the CEA.\3\ It is pursuant to this authority that the
Commission has promulgated the various compliance requirements for CPOs
and CTAs in 17 CFR part 4. The reporting, filing, and recordkeeping
requirements within part 4 of the Commission's regulations were adopted
to assist and inform customers, to establish customer protection
initiatives for investors, to facilitate monitoring intermediary
compliance with part 4 regulations by the Commission and its delegee,
the National Futures Association (NFA), and to enable the Commission to
better monitor the market risks posed by its registrants. The
information collections are necessary to enable the Commission and NFA
to accomplish the purposes of both the CEA and the compliance regime
set forth in part 4 of the Commission's regulations.
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\2\ 7 U.S.C. 6n(3).
\3\ 7 U.S.C. 8a(5).
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With regard to the information collection discussed above, 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 revision to the 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 further 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.\4\
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\4\ 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
[[Page 44281]]
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 respondent burden for this collection is
estimated to be as follow:
Respondents/affected entities: (1) All persons filing reports
required by Part 4 for, and (2) all principals of such persons.
Estimated number of respondents: 49,083.
Estimated number of exempt pools/reports per respondent: 8.8.
Estimated total annual burden on respondents: 432,325 hours.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: July 7, 2023.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023-14773 Filed 7-11-23; 8:45 am]
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