[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Pages 64018-64019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22826]



Agency Information Collection Activities: Notice of Intent To 
Extend Collection 3038-0055, Privacy of Consumer Financial Information

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.


SUMMARY: The Commodity Futures Trading Commission (``CFTC'' or 
``Commission'') 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 (``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 the collections of 
information mandated by the Commission's regulations involving Privacy 
of Consumer Financial Information Under Title V of the Gramm-Leach-
Bliley Act.

DATES: Comments must be submitted on or before December 20, 2022.

ADDRESSES: You may submit comments, identified by ``Privacy of Consumer 
Financial Information,'' and OMB Control No. 3038-0055, by any of the 
following methods:
     The Agency's website, at https://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 https://www.cftc.gov.

FOR FURTHER INFORMATION CONTACT: Philip Newsom, Attorney-Advisor, 
Market Participants Division, Commodity Futures Trading Commission, 
(202) 418-5301, email: [email protected], and refer to OMB Control No. 

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 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: Privacy of Consumer Financial Information (OMB Control No. 
3038-0055). This is a request for an extension of a currently approved 
information collection.
    Abstract: Section 124 of the Commodity Futures Modernization Act of 
2000 \1\ amended the Commodity Exchange Act (the Act) and added a new 
Section 5g \2\ to the Act to (i) provide that futures commission 
merchants, commodity trading advisors, commodity pool operators, and 
introducing brokers that are subject to CFTC jurisdiction with respect 
to any financial activity shall be treated as a financial institution 
for purposes of Title V, Subtitle A of the Gramm-Leach-Bliley Act 
(``GLB Act''), (ii) treat the Commission as a Federal functional 
regulator for purposes of applying the provisions of the GLB Act, and 
(iii) direct the Commission to prescribe regulations under Title V of 
the GLB Act. The Commission adopted regulations for these entities 
under part 160 and later extended them to retail foreign exchange 
dealers, swap dealers, and major swap participants.\3\ Part 160 
requires those subject to the regulations, among other things, to 
provide privacy and opt out notices to customers and to adopt 
appropriate policies and procedures to safeguard customer records and 
information. In April 2019, the Commission adopted amendments to its 
regulations to provide an exception to its annual privacy notice 
requirement under certain conditions.\4\

    \1\ Section 124, Appendix E of Public Law 106-554, 114 Stat. 
2763 (2000).
    \2\ 7 U.S.C. 7b-2.
    \3\ 17 CFR part 160. See Privacy of Customer Information, 66 FR 
21235 (April 27, 2001); Regulation of Off-Exchange Retail Foreign 
Exchange Transactions and Intermediaries, 75 FR 55409 (Sept. 10, 
2010); and Privacy of Consumer Financial Information; Conforming 
Amendments Under Dodd-Frank Act, 76 FR 43874 (July 22, 2011).
    \4\ Privacy of Consumer Financial Information--Amendment to 
Conform Regulations to the Fixing America's Surface Transportation 
Act, 84 FR 17341 (April 25, 2019).

    With respect to the 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,

[[Page 64019]]

mechanical, or other technological collection techniques or other forms 
of information technology; e.g., permitting electronic submission of 
    You should submit only information that you wish to make available 
publicly. 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 to the procedures established in Sec.  145.9 of the 
Commission's regulations.\5\

    \5\ 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 https://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 information collection request 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 respondent burden for this collection is 
estimated to be as follows:
    Estimated Number of Respondents: 2,164.
    Estimated Number of Annual Responses per Respondent: 95.
    Estimated Total Number of Annual Responses: 205,580.
    Estimated Time per Response: 2 minutes.
    Estimated Total Annual Burden Hours: 6,583.
    Frequency of Collection: As applicable.
    There are no capital costs or operating and maintenance costs 
associated with this collection.
    Authority: 44 U.S.C. 3501 et seq.

    Dated: October 17, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022-22826 Filed 10-20-22; 8:45 am]