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  • [Federal Register Volume 78, Number 246 (Monday, December 23, 2013)]


    [Pages 77439-77440]

    From the Federal Register Online via the Government Printing Office []

    [FR Doc No: 2013-30419]




    Agency Information Collection Activities; Proposed Collection;

    Comment Request: Part 41, Relating to Security Futures Products

    AGENCY: Commodity Futures Trading Commission.

    ACTION: Notice.


    SUMMARY: The Commodity Futures Trading Commission (CFTC) is announcing

    an opportunity for public comment on the extension of a proposed

    collection of certain information by the agency. In compliance with the

    Paperwork Reduction Act of 1995 (PRA), (44 U.S.C. 3501 et seq.),

    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 in response to the notice. This notice

    solicits comments, as described below, on the proposed Information

    Collection Request (ICR) titled: Part 41, Relating to Security Futures

    Products; OMB Control Number 3038-0059.

    DATES: Comments must be submitted on or before February 21, 2014.

    ADDRESSES: Comments may be mailed to David Steinberg, Associate

    Director, Division of Market Oversight, U.S. Commodity Futures Trading

    Commission, 1155 21st Street NW., Washington, DC 20581. Comments may

    also be submitted, regarding the burden estimate, or any other aspect

    of the information collection, including suggestions for reducing the

    burden, by any of the following methods:

    Agency Web site, via its Comments Online process: Follow the instructions for submitting comments

    through the Web site.

    Mail: Send to Melissa D. Jurgens, Secretary of the Commission,

    [[Page 77440]]

    Commodity Futures Trading Commission, 1155 21st Street NW., Washington,

    DC 20581.

    Hand delivery/Courier: Same as Mail above.

    Federal eRulemaking Portal: Follow the instructions for submitting comments.

    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 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.\1\


    \1\ 17 CFR 145.9.


    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 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.

    FOR FURTHER INFORMATION CONTACT: David Steinberg (202) 418-5102; FAX:

    (202) 418-5527; email:


    Affected Entities: Entities potentially affected by this action are

    businesses and other for-profit institutions.

    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 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 (broker-dealers) and the CFTC as

    futures commission merchants (FCMs) 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 (SFP) 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. Securities accounts receive insurance

    protection under provisions of the Securities Investor Protection Act.

    By contrast, 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 Commission would like to solicit comments to:

    Evaluate 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


    Evaluate 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;

    Enhance the quality, usefulness, and clarity of the

    information to be collected; and

    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.

    Burden Statement: The respondent burden for this collection is

    estimated to average .721 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.

    Respondents/Affected Entities: 144.

    Estimated number of responses: 2,975.

    Estimated total annual burden on respondents: 2,146 hours.

    Frequency of collection: On occasion.

    The regulations require no new start-up or operations and

    maintenance costs.

    Dated: December 17, 2013.

    Melissa D. Jurgens,

    Secretary of the Commission.

    [FR Doc. 2013-30419 Filed 12-20-13; 8:45 am]

    BILLING CODE 6351-01-P

    Last Updated: December 23, 2013

See Also:

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