Federal Register, Volume 79 Issue 44 (Thursday, March 6, 2014)[Federal Register Volume 79, Number 44 (Thursday, March 6, 2014)]
[Pages 12689-12690]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04919]



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.

ACTION: Notice.


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

[[Page 12690]]

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]