[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Pages 67022-67023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24205]



Agency Information Collection Activities: Notice of Intent To 
Extend Collection 3038-0025, Practice by Former Members and Employees 
of the Commission

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 an information collection 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 proposed extension of an existing 
collection of information, and to allow 60 days for public comment. 
This notice solicits comments regarding the reporting requirement 
imposed on former members and employees of the Commission who are 
employed or retained by third parties to appear before the Commission.

DATES: Comments must be submitted on or before January 6, 2023.

ADDRESSES: You may submit comments, identified by ``Practice by Former 
Members and Employees of the Commission, OMB Control No. 3038-0025,'' 
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: Frank Walsh, Alternate Designated 
Agency Ethics Official, Office of the General Counsel, Commodity 
Futures Trading Commission, (202) 418-6250; email: [email protected], and 
refer to OMB Control No. 3038-0025.

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 a proposed extension of the currently approved information 
collection 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.\1\

    \1\ 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 1320.8 (b)(3)(vi).

    Title: Practice by Former Members and Employees of the Commission 
(OMB Control No. 3038-0025). This is a request for an extension of a 
currently approved information collection.

[[Page 67023]]

    Abstract: Commission Rule 140.735-6 governs the practice before the 
Commission of former members and employees of the Commission and is 
intended to ensure that the Commission is aware of any existing 
conflict of interest. The rule, at 17 CFR 140.735-6(e), requires former 
members and employees who are employed or retained to represent any 
person before the Commission within two years of their separation from 
the CFTC, to file a brief written statement with the Commission's 
Office of the General Counsel. The proposed rule 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) (1994), as 
    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 CFTC, 
including whether the information will have a practical use;
     The accuracy of the CFTC'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 
publicly. If you wish the CFTC to consider information that you believe 
is exempt from disclosure under the Freedom of Information Act (FOIA), 
then a petition for confidential treatment of the exempt information 
may be submitted according to the procedures established in Sec.  145.9 
of the CFTC's regulations.\2\

    \2\ 17 CFR 145.9.

    The CFTC 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 Correction 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 FOIA.
    Burden statement: The respondent's burden for this collection is 
estimated to average 0.10 hours per response to file the brief written 
statement. This estimate includes the time needed to review 
instructions, utilize technology and systems for the purposes of 
collecting, validating, verifying, processing and disclosing 
information, and adjust/update existing methods to comply with any 
previously applicable instructions and requirements.
    Respondents/Affected Entities: Former Commission members, 
employees, and their current employers.
    Estimated number of respondents: 20.
    Estimated annual burden hours per respondent: 0.10 hours (or 6 
    Estimated total annual burden: 2 hours.
    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 2, 2022.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2022-24205 Filed 11-4-22; 8:45 am]