[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Pages 53871-53872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17040]



Agency Information Collection Activities: Notice of Intent To 
Extend Collection 3038-0059: Part 41, Relating to Security Futures 

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.


SUMMARY: The Commodity Futures Trading Commission (``Commission'' or 
``CFTC'') is announcing an opportunity for public comment on the 
extension of a proposed collection of certain information by the 
agency. In compliance with 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 in response to the 
notice. This notice solicits comments on collection requirements 
relating to security futures products.

DATES: Comments must be submitted on or before October 10, 2023.

ADDRESSES: You may submit comments, identified by OMB Control No. 3038-
0059, by any of the following methods:
     The Agency's website, at http://comments.cftc.gov/. Follow 
the instructions for submitting comments through the website.
     Mail: Christopher Kirkpatrick, Secretary of the 
Commission, Commodity Futures Trading Commission, 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: Andrew Stein, Assistant Chief Counsel, 
Division of Market Oversight, Commodity Futures Trading Commission, 
(202) 418-6054; 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 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.\1\

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

    Title: Part 41, Relating to Security Futures Products (OMB Control 
No. 3038-0059). This is a request for extension of a currently approved 
information collection.
    Abstract: Section 4d(c) of the Commodity Exchange Act (``CEA''), 7 
U.S.C. 6d(c), requires the CFTC to consult with the Securities and 
Exchange Commission (``SEC'') and issue such rules, regulations, or 
orders as are necessary to avoid duplicative or conflicting regulations 
applicable to firms that are fully registered with the SEC as brokers 
or dealers and the CFTC as futures commission merchants involving 
provisions of the CEA that pertain to the treatment of customer funds. 
The CFTC, jointly with the SEC, issued regulations requiring such 
dually-registered firms to make choices as to how its customers' 
transactions in security futures products will be treated, either as 
securities transactions held in a securities account or as futures 
transactions held in a futures account. How an account is treated is 
important in the unlikely event of the insolvency of the firm. 
Securities accounts receive insurance protection under provisions of 
the Securities Investor Protection Act. By contrast, futures accounts 
are subject to the protections provided by the segregation requirements 
of the CEA.
    With respect to the collection of information, the Commission 
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 
electronic, 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 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.\2\

    \2\ 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 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 respondent burden for this collection is 
estimated to average .9 hours per response. This estimate includes the 
time needed to review instructions; develop, acquire, install, and 
utilize technology and systems for the purposes of collecting, 
validating, and verifying information, processing and maintaining 
information and disclosing and providing information; adjust the 
existing ways to comply with any previously applicable instructions and 
requirements; train personnel to be able to respond to a collection of 
information; and transmit or otherwise disclose the information.
    Affected Entities: Entities potentially affected by this action are 
businesses and other for-profit institutions.

[[Page 53872]]

    Respondents/Affected Entities: 9.
    Estimated average burden hours per respondent: 52 hours (rounded).
    Estimated total annual burden on respondents: 467 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: August 4, 2023.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023-17040 Filed 8-8-23; 8:45 am]