2025-11801
[Federal Register Volume 90, Number 121 (Thursday, June 26, 2025)]
[Notices]
[Pages 27288-27289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11801]
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COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities Under OMB Review
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice.
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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 July 28, 2025.
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. 3038-0080, 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 (``FOIA''),
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 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 FOIA.
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\1\ 17 CFR 145.9.
FOR FURTHER INFORMATION CONTACT: Catherine Brescia, Attorney Advisor,
Market Participants Division, Commodity Futures Trading Commission,
Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581;
(202) 418-6236; email: [email protected]; and refer to OMB Control No.
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3038-0080.
SUPPLEMENTARY INFORMATION:
Title: Annual Report for Chief Compliance Officer of Registrants
(OMB Control No. 3038-0080). This is a request for an extension of a
currently approved information collection.
Abstract: On April 3, 2012, the Commission adopted Regulation 3.3
(Chief Compliance Officer) \2\ under sections 4d(d) and 4s(k) \3\ of
the Commodity Exchange Act (``CEA''). Commission Regulation 3.3
requires each futures commission merchant (``FCM''), swap dealer
(``SD''), and major swap participant (``MSP'') to designate, by filing
a Form 8-R, a chief compliance officer (``CCO'') who is responsible
for: (1) administering each registrant's policies and procedures
relating to its business as a SD, MSP, or FCM that are required to be
established pursuant to the CEA and Commission regulations; (2) taking
reasonable steps to resolve material conflicts of interest relating to
the registrant's business as a SD, MSP, or FCM; (3) taking reasonable
steps to ensure compliance with the CEA and Commission regulations
relating to the registrant's business as a SD, MSP, or FCM; (4) taking
reasonable steps to ensure the registrant establishes, maintains, and
reviews written policies and procedures reasonably designed to
remediate noncompliance issues identified by the CCO; (5) taking
reasonable steps to ensure the registrant establishes procedures for
the handling, management response, remediation, retesting, and closing
of noncompliance issues; (6) preparing, signing, certifying, furnishing
to the board of directors, senior officers, and (if applicable) audit
committee, and filing with the Commission an annual compliance report
that contains the information specified in Commission regulation
3.3(e). Commission regulation 3.3 also requires that SDs, MSPs, and
FCMs: (1) amend the annual report if material errors or omissions are
identified; (2)
[[Page 27289]]
request that the Commission grant an extension of time to furnish the
annual report, if failure to timely furnish could not be eliminated
without unreasonable effort or expense; and (3) maintain records of the
registrant's compliance policies and procedures and records related to
the annual report.
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\2\ 17 CFR 3.3.
\3\ 7 U.S.C. 6d(d) and 6s(k).
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The information collection obligations imposed by Commission
Regulation 3.3 are essential to ensuring that FCMs, SDs, and MSPs
maintain comprehensive policies and procedures that promote compliance
with the CEA and Commission regulations. In particular, the Commission
believes that, among other things, these obligations (1) promote
compliance behavior through periodic self-evaluation, (2) inform the
Commission of possible compliance weaknesses, (3) assist the Commission
in determining whether the registrant remains in compliance with the
CEA and Commission regulations, and (4) help the Commission to assess
whether the registrant has mechanisms in place to adequately address
compliance problems that could lead to a failure of the registrant.
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. On April 8, 2025, 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, 90 FR 15139 (``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 for this collection. There are 168 currently registered
respondents.\4\ There are no currently registered MSPs. The respondent
burden for this collection is estimated to be as follows:
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\4\ The 60-Day Notice reflected an estimate of 166 respondents.
Based on this number of respondents, the Commission had previously
estimated that the annual burden hours for all respondents totaled
166,996. These estimates have been updated based on the most recent
available data on the total number of respondents as shown here.
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Number of Registrants: 168.
Estimated Average Burden Hours per Registrant: 1,006.
Estimated Aggregate Burden Hours: 169,008.
Frequency of Recordkeeping: Annually or 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: June 24, 2025.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2025-11801 Filed 6-25-25; 8:45 am]
BILLING CODE 6351-01-P