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  • Federal Register, Volume 82 Issue 149 (Friday, August 4, 2017)

    [Federal Register Volume 82, Number 149 (Friday, August 4, 2017)]


    [Pages 36384-36385]

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

    [FR Doc No: 2017-16459]




    Agency Information Collection Activities Relating to Security

    Futures Products

    AGENCY: Commodity Futures Trading Commission.

    ACTION: Notice.


    SUMMARY: The Commodity Futures Trading Commission (``Commission'' or

    ``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, 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'') relating to security futures products.

    DATES: Comments must be submitted on or before October 3, 2017.

    ADDRESSES: You may submit comments, identified by OMB Control No. 3038-

    0059 by any of the following methods:

    The Agency's Web site, at

    Follow the instructions for submitting comments through the Web site.

    Mail: Christopher Kirkpatrick, Secretary of the

    Commission, 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 through the Portal.

    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\ 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.


    \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:, and refer to OMB Control


    No. 3038-0059.

    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.

    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.

    Affected Entities: Entities potentially affected by this action are

    businesses and other for-profit institutions.

    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.

    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 1.57 hours per response. This estimate includes

    the time needed to review instructions; develop, acquire,

    [[Page 36385]]

    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


    Respondents/Affected Entities: 44.

    Estimated Number of Responses: 943.

    Estimated Total Annual Burden on Respondents: 1,482 hours.

    Frequency of Collection: On occasion.

    The regulations require no new start-up or operations and

    maintenance costs.

    Dated: August 1, 2017.

    Robert N. Sidman,

    Deputy Secretary of the Commission.

    [FR Doc. 2017-16459 Filed 8-3-17; 8:45 am]

    BILLING CODE 6351-01-P

    Last Updated: August 4, 2017