[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Pages 76037-76038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26170]



Agency Information Collection Activities: Notice of Intent to
Renew Collection 3038-0026, Gross Collection of Exchange-Set Margins
for Omnibus Accounts

AGENCY:  Commodity Futures Trading Commission.

ACTION: Notice.


SUMMARY: The Commodity Futures Trading Commission (CFTC) is announcing
an opportunity for public comment on the proposed renewal of a
collection of certain information by the agency. Under the Paperwork
Reduction Act of 1995 (PRA), 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.
This notice solicits comments on requirements relating to Gross
Collection of Exchange-Set Margins for Omnibus Accounts.

DATES: Comments must be submitted on or before January 26, 2021.

ADDRESSES: You may submit comments, identified by OMB Control Number
3038-0026, by any of the following methods:
     Agency website, via its Comments Online process: http://comments.cftc.gov. Follow the instructions for submitting comments
through the website.
     Mail: Christopher Kirkpatrick, Secretary of the
Commission, Commodity Futures Trading Commission, Three Lafayette
Centre, 1155 21st Street NW, Washington, DC 20581.
     Hand Delivery/Courier: Same as Mail above.
    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 http://www.cftc.gov.

FOR FURTHER INFORMATION CONTACT: Mark Bretscher, Special Counsel,
Market Participants Division, Commodity Futures Trading Commission,
(312) 353-0529; email: [email protected].

SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501 et seq.,
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. 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.
    Title: Gross Collection of Exchange-Set Margins for Omnibus
Accounts (OMB Control Number 3038-0026). This is a request for
extension of a currently approved information collection.
    Abstract: Commission Regulation 1.58 requires that FCMs margin
omnibus accounts on a gross, rather than a net, basis. The regulation
provides that the carrying FCM need not collect margin for positions
traded by a person through an omnibus account in excess of the amount
that would be required if the same person, instead of trading through
an omnibus account, maintained its own account with the carrying FCM.
To prevent abuse of this exception to the regulation, a carrying FCM
must maintain a written representation from the originating FCM or
foreign broker that the particular positions held in the omnibus
account are part of a hedge or spread transaction. This rule is
promulgated pursuant to the Commission's rulemaking authority contained
in Sections 4c, 4d, 4f, 4g and 8a of the Commodity Exchange Act, 7
U.S.C. 6c, 6d, 6f, 6g and 12a (2000).
    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.
    You should submit only information that you wish to make available
publically. 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

[[Page 76038]]

to the procedures established in Section 145.9 of the Commissions

    \1\ 17 CFR 145.9.

    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 http://www.cftc.gov that it any 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.
    Burden Statement: The Commission is revising its estimate of the
burden due to the reduced number of futures commission merchants in the
industry. The respondent burden for this collection is estimated to be
as follows:
     Estimated number of respondents: 53.
     Total annual responses: 212.
     Estimated Total Annual Burden Hours: 17.
     Frequency of Collection: On occasion.
    There are no capital costs or operating and maintenance costs
associated with this collection.

(Authority: 44 U.S.C. 3501 et seq.)

    Dated: November, 20, 2020.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2020-26170 Filed 11-25-20; 8:45 am]