[Federal Register Volume 88, Number 204 (Tuesday, October 24, 2023)]
[Pages 73006-73007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23399]



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 November 24, 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. 3038-0059, at https://comments.cftc.gov/FederalRegister/PublicInfo.aspx.
    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 

[[Page 73007]]

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: Andrew Stein, Assistant Chief Counsel, 
Division of Market Oversight, Commodity Futures Trading Commission, 
(202) 418-6054, email: [email protected], and refer to OMB Control No. 

    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. Only 
securities accounts receive insurance protection under provisions of 
the Securities Investor Protection Act. By contrast, only futures 
accounts are subject to the protections provided by the segregation 
requirements of the CEA.
    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.\2\ The Federal Register notice with 
a 60-day comment period soliciting comments on this collection of 
information was published on August 9, 2023 (88 FR 53871). The 
Commission did not receive any relevant comments pursuant to the 60-Day 

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

    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.
    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: October 18, 2023.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023-23399 Filed 10-23-23; 8:45 am]