[Federal Register Volume 88, Number 102 (Friday, May 26, 2023)]
[Pages 34140-34141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11309]



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 Information and 
Regulatory Affairs (OIRA), of 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 June 26, 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 Number 3038-0049, at 
    Or by either 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 submitted to the Commission should 
include 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

[[Page 34141]]

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: Rebecca Mersand, Special Counsel, 
Division of Market Oversight, (202) 941-8910, email: [email protected]
Jacob Chachkin, Associate Chief Counsel, Market Participants Division, 
(202) 418-5496, email: [email protected]; or Steven A. Haidar, 
Assistant Chief Counsel, Division of Market Oversight, (202) 418-5611, 
email: [email protected].

    Title: Procedural Requirements for Requests for Interpretative, No-
Action, and Exemptive Letters (OMB Control No. 3038-0049). This is a 
request for an extension of a currently approved information 
    Abstract: This collection covers the information requirements for 
voluntary requests for, and the issuance of, interpretative, no-action, 
and exemptive letters submitted to Commission staff pursuant to the 
provisions of section 140.99 of the Commission's regulations,\2\ and 
related requests for confidential treatment pursuant to section 
140.98(b) \3\ of the Commission's regulations.

    \2\ 17 CFR 140.99. An archive containing CFTC staff letters may 
be found at http://www.cftc.gov/LawRegulation/CFTCStaffLetters/index.htm.
    \3\ 17 CFR 140.98(b).

    The collection requirements described herein are voluntary. They 
apply to parties that choose to request a benefit from Commission staff 
in the form of the regulatory action described in section 140.99. Such 
benefits may include, for example, relief from some or all of the 
burdens associated with other collections of information, relief from 
regulatory obligations that do not constitute collections of 
information, interpretations, or extensions of time for compliance with 
certain Commission regulations. It is likely that persons who would opt 
to request action under section 140.99 will have determined that the 
information collection burdens that they would assume by doing so will 
be outweighed substantially by the relief that they seek to receive.
    This information collection is necessary, and would be used, to 
assist Commission staff in understanding the type of relief that is 
being requested and the basis for the request. It is also necessary, 
and would be used, to provide staff with a sufficient basis for 
determining whether: (1) granting the relief would be necessary or 
appropriate under the facts and circumstances presented by the 
requestor; (2) the relief provided should be conditional and/or time-
limited; and (3) granting the relief would be consistent with staff 
responses to requests that have been presented under similar facts and 
circumstances. In some cases, the requested relief might be granted 
upon the condition that those who seek the benefits of that relief 
fulfill certain conditions that are necessary to ensure that the relief 
granted by Commission staff is appropriate. Once again, it is likely 
that those who would comply with these conditions will have determined 
that the burden of complying with the conditions is outweighed by the 
relief that they seek to receive. This information collection also is 
necessary to provide a mechanism whereby persons requesting 
interpretative, no-action, and exemptive letters may seek temporary 
confidential treatment of their request and the Commission staff 
response thereto and the grounds upon which such confidential treatment 
is sought.
    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.\4\ On February 23, 2023, 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, 88 FR 11410 (``60-Day 
Notice''). The Commission did not receive any relevant comments on the 
60-Day Notice.

    \4\ 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 1320.8 (b)(3)(vi).

    Burden Statement: The Commission is revising its existing burden 
estimate for this information collection. The Commission is basing its 
new estimate of the annual number of respondents related to this 
information collection, in part, on the average number of 
interpretative, no-action, and exemptive letters issued by Commission 
staff in 2020, 2021, and 2022. The Commission generally estimates that 
each request was made by a unique respondent. To that number, the 
Commission is adding additional respondents that have incurred burden 
hours preparing requests for relief that did not generate a Commission 
staff letter in response.
    This estimate includes the burden hours for preparing, filing, and 
updating such request letters as well as the burden of complying with 
any conditions that may be contained in any interpretative, no-action, 
or exemptive letters granting relief. It also includes burden hours 
required to prepare and submit related requests for confidential 
treatment. The burden hours associated with individual requests will 
vary widely, depending upon the type and complexity of relief 
requested, whether the request presents novel or complex issues, the 
relevant facts and circumstances, and the number of requestors or other 
affected entities.
    The respondent burden is estimated to be as follows:
    Estimated Number of Annual Respondents: 45.
    Estimated Average Annual Burden Hours per Respondent: 40.
    Estimated Total Annual Burden Hours: 1,800.
    Frequency of Collection: Occasional.
    Type of Respondents: Respondents include persons registered with 
the Commission (such as commodity pool operators, commodity trading 
advisors, derivatives clearing organizations, designated contract 
markets, futures commission merchants, introducing brokers, swap 
dealers, and swap execution facilities), persons seeking an exemption 
from registration, persons whose registration with the Commission is 
pending, trade associations and their members, eligible contract 
participants, and other persons seeking relief from discrete regulatory 
    There are no capital costs or operating and maintenance costs 
associated with this collection.

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

    Dated: May 23, 2023.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023-11309 Filed 5-25-23; 8:45 am]