[Federal Register Volume 89, Number 18 (Friday, January 26, 2024)]
[Pages 5214-5215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01600]



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 February 26, 2024.

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. 3038-0026, 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 
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, prescreen, 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

[[Page 5215]]

laws, and may be accessible under the Freedom of Information Act.

    \1\ 17 CFR 145.9.

FOR FURTHER INFORMATION CONTACT: Andrew Pai, Attorney Advisor, Market 
Participants Division, Commodity Futures Trading Commission, (646) 746-
9893; email: [email protected], and refer to OMB Control No. 3038-0026.

    Title: Gross Collection of Exchange-Set Margins for Omnibus 
Accounts (OMB Control No. 3038-0026). This is a request for extension 
of a currently approved information collection.
    Abstract: Commission Regulation 1.58 requires futures commission 
merchants to collect exchange-set margin for omnibus accounts on a 
gross, rather than a net, basis. The regulation provides that the 
carrying FCM need not collect margin for positions traded by a person 
through an omnibus account in excess of the amount that would be 
required if the same person, instead of trading through an omnibus 
account, maintained its own account with the carrying FCM. To prevent 
abuse of this exception to the regulation, a carrying FCM must maintain 
a written representation from the originating FCM or foreign broker 
that the particular positions held in the omnibus account are part of a 
hedge or spread transaction. This collection of information is 
necessary in order to provide documentation that can be inspected with 
regard to questions of proper compliance with gross margining 
requirements. This rule is promulgated pursuant to the Commission's 
rulemaking authority contained in Sections 4c, 4d, 4f, 4g and 8a of the 
Commodity Exchange Act, 7 U.S.C. 6c, 6d, 6f, 6g and 12a.
    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. The Federal Register notice with a 
60-day comment period soliciting comments on this collection of 
information was published on November 17, 2023 (88 FR 80284) (``60-Day 
Notice''). The Commission did not receive any relevant comments on the 
60-Day Notice.
    Burden Statement: The Commission is revising its estimate of the 
burden due to the reduced number of futures commission merchants in the 
industry. The respondent burden for this collection is estimated to be 
as follows:
    Respondents/Affected Entities: 52.
    Estimated Total Annual Responses: 208.
    Estimated Total Annual Burden Hours: 17 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: January 23, 2024.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2024-01600 Filed 1-25-24; 8:45 am]