Agency Information Collection Activities Under OMB Review

Published date28 October 2020
Citation85 FR 68311
Record Number2020-23833
SectionNotices
CourtCommodity Futures Trading Commission
Federal Register, Volume 85 Issue 209 (Wednesday, October 28, 2020)
[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
                [Notices]
                [Pages 68311-68312]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-23833]
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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.
                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. 3038-0059, 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 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: David Steinberg, Associate Director,
                Division of Market Oversight, Commodity Futures Trading Commission,
                (202) 418-5102, email: [email protected], and refer to OMB Control
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                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. The OMB control numbers for the
                CFTC's regulations were published on December 30, 1981. See 46 FR 63035
                (Dec. 30, 1981). The Federal Register notice with a 60-day comment
                period soliciting comments on this collection of information was
                published on August 18, 2020 (85 FR 50805). The Commission did not
                receive
                [[Page 68312]]
                any comments addressing the 60-Day Notice.
                 Burden Statement: The respondent burden for this collection is
                estimated to average 1.05 hours per response. These estimates include
                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.
                 Respondents/Affected Entities: 34.
                 Estimated number of responses: 506.
                 Estimated total annual burden on respondents: 529 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 23, 2020.
                Robert Sidman,
                Deputy Secretary of the Commission.
                [FR Doc. 2020-23833 Filed 10-27-20; 8:45 am]
                BILLING CODE 6351-01-P
                

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