[Federal Register Volume 88, Number 13 (Friday, January 20, 2023)]
[Pages 3722-3723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01053]



Agency Information Collection Activities Under OMB Review

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.


SUMMARY: In compliance with the Paperwork Reduction Act of 1995 
(``PRA''), 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 February 21, 2023.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be submitted within 30 days of this 
notice's publication to OIRA, at https://www.reginfo.gov/public/do/PRAMain. Please find this particular information collection by 
selecting ``Currently under 30-day Review--Open for Public Comments'' 
or by using the website's search function. Comments can be entered 
electronically by clicking on the ``comment'' button next to the 
information collection on the ``OIRA Information Collections Under 
Review'' page, or the ``View ICR--Agency Submission'' page. A copy of 
the supporting statement for the collection of information discussed 
herein may be obtained by visiting https://www.reginfo.gov/public/do/PRAMain.
    In addition to the submission of comments to https://Reginfo.gov as 
indicated above, a copy of all comments submitted to OIRA may also be 
submitted to the Commodity Futures Trading Commission (the Commission 
or CFTC) by clicking on the ``Submit Comment'' box next to the 
descriptive entry for OMB Control No. 3038-0099, at https://comments.cftc.gov/FederalRegister/PublicInfo.aspx, or by any of the 
following methods:
     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.
    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. 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.\1\ 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 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.

    \1\ 17 CFR 145.9.

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. 

    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 \2\ amended the Commodity Exchange Act (the ``Act'') and added a 
new Section 5g \3\ 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.\4\ 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.\5\

    \2\ Section 124, Appendix E of Public Law 106-554, 114 Stat. 
2763 (2000).
    \3\ 7 U.S.C. 7b-2.
    \4\ 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).

    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. On October 21, 2022, the Commission 
published in the Federal Register notice of the proposed extension of 
this information collection and provided 60 days for public comment on 
the proposed extension, 87 FR 64018 (``60-Day Notice''). The Commission 
did not receive any substantive comments on the 60-Day Notice.
    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: 6,853.
    Frequency of Collection: As applicable.

[[Page 3723]]

    There are no capital costs or operating and maintenance costs 
associated with this collection.

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

    Dated: January 17, 2023.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023-01053 Filed 1-19-23; 8:45 am]