[Federal Register: February 23, 2004 (Volume 69, Number 35)]
[Notices]
[Page 8181-8182]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe04-54]

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COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities: Notice of Intent To
Renew 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) is announcing
an opportunity for public comment on the proposed collection of certain
information by the agency. Under 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, and to allow 60 days for comment in response to the
notice. This notice solicits comments on requirements relating to
information to assist the Commission in the prevention of market
manipulations.

DATES: Comments must be submitted on or before April 23, 2004.

ADDRESSES: Comments may be mailed to Kevin Walek, Division of Clearing
and Intermediary Oversight, U.S. Commodity Futures Trading Commission,
1155 21st Street NW., Washington, DC 20581.

FOR FURTHER INFORMATION CONTACT: Kevin Walek, (202) 418-5463; FAX (202)
418-5536; e-mail: kwalek@cftc.gov.

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(e) and 5 CFR 1320.3(c) 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 Section 3506(c)(2)(A), requires
Federal Agencies to provide a 60-day notice in the Federal Register
concerning each proposed collection of information, including each
proposed extension of an existing 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.
    With respect to the following 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 of, 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 electronic,

[[Page 8182]]

mechanical, or other technological collection techniques or other forms
of information technology; e.g., permitting electronic submission of
responses.

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 No. 3038-0005-Extension

    Part 4 of the Commission's Regulations set forth the Commission's
rules regarding the disclosure of risk, the filing of reports, and the
keeping of books and records. Each CPO who is registered or required to
be registered and solicits prospective participants in a commodity pool
must, absent an exemption, deliver to prospective participants, and
file with the NFA, a Disclosure Document containing information
specified by 4.24 and 4.25 before the CPO may accept funds or other
property in exchange for participation in the pool. CTAs also must
comply with the disclosure requirements of 4.34 and 4.35 before they
may enter into an agreement to direct or to guide a client's commodity
interest trading account.
    Rule 4.22 requires the CPOs who are registered or required to be
registered also must provide pool participants with an unaudited
monthly or quarterly Account statement for the pool, and an annual
Report for the pool that contains the net asset value of the pool and
Statements to Financial Condition, Income (Loss), Changes in Financial
Position, and Changes in Ownership Equity. Rule 4.23 for CPOs, and 4.33
for CTAs provide for the types of books and records that must be
maintained by these registrants.
    The Commission estimates the burden of this collection of
information as follows:

Estimated Annual Reporting Burden

    Number of Respondents: 7,200.
    Total Annual Responses: 17,705
    Total Annual Hours: 115,871.

    Dated: February 17, 2004.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 04-3790 Filed 2-20-04; 8:45 am]
BILLING CODE 6351-01-M