Federal Register, Volume 79 Issue 44 (Thursday, March 6, 2014)[Federal Register Volume 79, Number 44 (Thursday, March 6, 2014)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04919]
COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities Under OMB Review--Notice
of Intent To Renew Collection 3038-0049; Procedural Requirements for
Requests for Interpretative, No-Action, and Exemptive Letters
AGENCY: Commodity Futures Trading Commission.
SUMMARY: In compliance with the Paperwork Reduction Act, this notice
announces that the Information Collection Request (ICR) abstracted
below has been forwarded to 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 April 7, 2014.
ADDRESSES: Comments may be submitted to OMB within 30 days of the
notice's publication. Comments, identified by ``Procedural Requirements
for Requests for Interpretative, No-Action, and Exemptive Letters (OMB
Control No. 3038-0049),'' should be mailed to the Office of Information
and Regulatory Affairs, Office of Management and Budget, Attention:
Desk Officer for the Commodity Futures Trading Commission, 725 17th
Street NW., Washington, DC 20503.
Comments may be also be submitted, regarding the burden estimated
or any other aspect of the information collection, including
suggestions for reducing the burden, identified by ``Procedural
Requirements for Requests for Interpretative, No-Action, and Exemptive
Letters (OMB Control No. 3038-0049),'' by any of the following methods:
Agency Web site, via its Comments Online process: http://comments.cftc.gov. Follow the instructions for submitting comments
through the Web site.
Mail: Send to Christopher J. Kirkpatrick, Deputy
Secretary, Commodity Futures Trading Commission, 1155 21st Street NW.,
Washington, DC 20581.
Hand Delivery/Courier: Same as Mail, above.
Federal eRulemaking Portal: http://www.regulations.gov/search/index.jsp. Follow the instructions for submitting comments.
All comments must be submitted in English, or if not, accompanied
by an English translation. Comments will be posted as received to
http://www.cftc.gov. You should submit only information that you wish
to make available publicly. If you wish the Commission to consider
information that 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 set forth in
section 145.9 of the Commission's regulations.\1\
\1\ Commission regulations referred to herein are found at 17
CFR Ch. 1 (2010). Commission regulations are accessible on the
Commission's Web site, www.cftc.gov.
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 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
rulemaking 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
FOR FURTHER INFORMATION CONTACT: Christopher W. Cummings, Special
Counsel, Division of Swap Dealer and Intermediary Oversight, (202) 418-
5445, FAX: (202) 418-5407, email: [email protected]; Jocelyn
Partridge, Special Counsel, Division of Clearing and Risk, (202) 418-
5926, email: [email protected]; or Riva Spear Adriance, Senior
Special Counsel, Division of Market Oversight, (202) 418-5494, email:
[email protected], and refer to OMB Control No. 3038-0049. These
contacts can also provide a copy of the ICR.
Title: Procedural Requirements for Requests for Interpretative, No-
Action, and Exemptive Letters (OMB Control No. 3038-0049). This is a
request for extension of a currently approved information collection.
Abstract: Commission Regulation 140.99 requires persons submitting
requests for exemptive, no-action, and interpretative letters to
provide specific written information, certified as to completeness and
accuracy, and to update that information to reflect material changes.
Regulation 140.99 was promulgated pursuant to the Commission's
rulemaking authority contained in section 8a(5) of the Commodity
Exchange Act, 7 U.S.C. 12a(5) (2000). Regulation 41.3 requires
securities brokers and dealers submitting requests for exemptive orders
to provide specified written information in support of such requests.
Regulation 41.3 was promulgated in response to the requirement in the
Commodity Futures Modernization Act of 2000 that the Commission
establish procedures for requesting such orders.
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 December 30, 2013 (78 FR 79408).
Burden Statement: The respondent burden for this collection is
estimated to average 0.91 hours per response, ranging from 0.75 hours
for preparation of a notice to 9 hours for preparation and submission
of a request for a no-action, exemptive, or interpretative letter.
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: Futures Commission Merchants,
Introducing Brokers, Commodity Pool
Operators, Commodity Trading Advisors, Associated Persons, Floor
Brokers, Floor Traders, Securities Brokers and Dealers, Retail Foreign
Exchange Dealers, Swap Dealers, Major Swap Participants, Designated
Contract Markets, Derivatives Clearing Organizations, Swap Execution
Facilities, Swap Data Repositories.
Estimated number of respondents: 12,428.
Estimated total annual burden on respondents: 28,478 hours.
Frequency of collection: On occasion.
Authority: 44 U.S.C. 3501 et seq.
Dated: February 28, 2014.
Christopher J. Kirkpatrick,
Deputy Secretary of the Commission.
[FR Doc. 2014-04919 Filed 3-5-14; 8:45 am]
BILLING CODE 6351-01-P