2025-08073
[Federal Register Volume 90, Number 88 (Thursday, May 8, 2025)]
[Notices]
[Pages 19471-19472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08073]
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COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities: Notice of Intent To
Extend Collection 3038-0052: Core Principles & Other Requirements for
Designated Contract Markets
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice.
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SUMMARY: The Commodity Futures Trading Commission (``Commission'' or
``CFTC'') is announcing an opportunity for public comment on the
proposed renewal of a collection of certain information by the agency.
Under the Paperwork Reduction Act (``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. This notice solicits comments on reporting requirements
relating to collections of information related to designated contract
markets (``DCMs'') under the Commission's regulations.
DATES: Comments must be submitted on or before July 7, 2025.
ADDRESSES: You may submit comments, identified by ``OMB Control No.
3038-0052'' by any of the following methods:
The Agency's website, at https://comments.cftc.gov/.
Follow the instructions for submitting comments through the website.
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.
Please submit your comments using only one method.
FOR FURTHER INFORMATION CONTACT: Roger Smith, Associate Chief Counsel,
Division of Market Oversight, Commodity Futures Trading Commission, 77
West Jackson Blvd., Suite 800, Chicago, IL 60604; 202-418-5344; 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
[[Page 19472]]
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 Commission is publishing notice of the proposed
extension of the existing 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.
Title: Core Principles & Other Requirements for DCMs (OMB Control
No. 3038-0052). This is a request for a revision and extension of a
currently approved information collection.
Abstract: Part 38 of the Commission's regulations governs the
activities of DCMs. The information collected pursuant to Part 38 is
necessary for the Commission to evaluate whether entities operating as,
or applying to become, DCMs comply with the part 38 and other
Commission requirements and the CEA's statutory requirements.
In general, OMB Control Number 3038-0052 covers all information
collections in part 38, including subpart A and the DCM core principles
(i.e., subparts B through X) as well as the related appendices thereto
(i.e., Appendix A--Form DCM; Appendix B--Guidance on, and Acceptable
Practices in, Compliance with Core Principles; and Appendix C--
Demonstration of Compliance That a Contract Is Not Readily Susceptible
to Manipulation). Further, this OMB control number, 3038-0052, includes
all information collections related to part 9 (``Rules Relating to
Review of Exchange Disciplinary, Access Denial or Other Adverse
Actions') to the extent part 9 is applicable to DCMs. This collection
also includes the requirements under regulation 38.251(g) in connection
with the reporting of specific market disruption events to the
Commission.
The collection also includes information collection requirements
under regulation 1.52 regarding the Enhanced Protections Afforded
Customer and Customer Funds Held by Futures Clearing Merchants and
Derivatives Clearing Organizations for DCMs.\1\ Additionally, this
control number includes collections under regulation 38.1051(n) that
relate to system safeguards and cybersecurity testing requirements and
requires DCMs to provide the Commission with annual trading volume
information. For the majority of collections under OMB control number
3038-0052, the Commission notes that the number of registered, active
DCMs has increased from 16 to 18. This increase in the number of
registered DCMs has increased the estimated information collection
burdens for OMB control number 3038-0052, as shown below.
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\1\ The Commission notes that Sec. 38.605 incorporates and
references Sec. 1.52.
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With respect to the collection of information, the CFTC 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
use;
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
automated electronic, mechanical, or other technological collection
techniques or other forms of information technology; e.g., permitting
electronic submission of responses.
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 for 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\
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\2\ 17 CFR 145.9.
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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 Information Collection Request 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 Commission is revising its estimate of the
burden for this collection. The respondent burden for this collection
is estimated to be as follows:
Total Estimated Burden for Information Collection 3038-0052
Estimated number of respondents: 18.
Estimated total annual number of responses: 8,364 (rounded).
Estimated total annual burden hours: 11,802 (rounded).
Estimated total annual burden cost: $1,147,642.
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: May 5, 2025.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2025-08073 Filed 5-7-25; 8:45 am]
BILLING CODE 6351-01-P