FR Doc E8-23220[Federal Register: October 2, 2008 (Volume 73, Number 192)]


[Page 57338-57339]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]





Agency Information Collection Activities: Notification of Pending

Legal Proceedings Pursuant to Regulation

AGENCY: Commodity Futures trading commission.

ACTION: Renewal of an existing collection--3038-0033.


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, 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 on the rule

requiring notification of pending legal proceedings pursuant to 17 CFR


DATES: Comments must be submitted on or before December 1, 2008.

ADDRESSES: Comments may be mailed to Lynn A. Bulan, Office of the

General Counsel, U.S. Commodity Futures Trading Commission, 1155 21st

Street, NW., Washington, DC 20581.

FOR FURTHER INFORMATION CONTACT: Lynn A. Bulan, (202) 418-5143; FAX:

(202) 418-5567; e-mail: [email protected]

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(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 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, 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


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, 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

automated electronic, mechanical, or other technological collection

techniques or other forms of information technology; e.g., permitting

electronic submission of responses.

Notification of Pending Legal Proceedings Pursuant to 17 CFR 1.60, OMB

Control Number 3038-0033--Extension

The rule is designed to assist the Commission in monitoring legal

proceedings involving the responsibilities imposed on contract markets

and their officials and futures commission merchants and their

principals by the Commodity Exchange Act, or otherwise.

[[Page 57339]]

The Commission's rules require futures commission merchants and

introducing brokers: (1) To provide their customers with standard risk

disclosure statements concerning the risk of trading commodity

interests; and (2) to retain all promotional material and the source of

authority for information contained therein. The purpose of these rules

is to ensure that customers are advised of the risks of trading

commodity interests and to avoid fraud and misrepresentation. In

addition, the Commission's rules impose obligations on contract markets

that are designed to avoid manipulation and fraud. In order to ensure

compliance with these rules, the Commission requires the information

whose collection and dissemination is required under 17 CFR 1.60.

The Commission estimates the burden of this collection of

information as follows:

Estimated Annual Reporting Burden


Annual number Total annual Hours per

17 CFR section of respondents responses response Total hours


1.60.................................... 235 1 .10 .10


There are no capital costs or operating and maintenance costs

associated with this collection.

Dated: September 26, 2008.

David Stawick,

Secretary of the Commission.

[FR Doc. E8-23220 Filed 10-1-08; 8:45 am]


Last Updated: October 2, 2008