82 FR 15514 - Agency Information Collection Activities: Notice of Intent To Extend Collection 3038-0049: Procedural Requirements for Requests for Interpretative, No-Action, and Exemptive Letters
COMMODITY FUTURES TRADING COMMISSION Federal Register Volume 82, Issue 59 (March 29, 2017)
Federal Register Volume 82, Issue 59 (March 29, 2017)
| Page Range | 15514-15516 | |
| FR Document | 2017-06182 |
[Federal Register Volume 82, Number 59 (Wednesday, March 29, 2017)] [Notices] [Pages 15514-15516] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06182] ======================================================================= ----------------------------------------------------------------------- COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities: Notice of Intent To Extend Collection 3038-0049: Procedural Requirements for Requests for Interpretative, No-Action, and Exemptive Letters AGENCY: Commodity Futures Trading Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Commodity Futures Trading Commission (CFTC) is announcing an opportunity for public comment on the proposed extension 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 requirements related to requests for, and the issuance of, exemptive, no-action, and interpretative letters. DATES: Comments must be submitted on or before May 30, 2017. ADDRESSES: You may submit comments, identified by ``OMB Control Number 3038-0049,'' by any of the following methods:The Agency's Web site, at http://comments.cftc.gov/. Follow the instructions for submitting comments through the Web site. 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. Federal eRulemaking Portal: http://www.regulations.gov/. Follow the instructions for submitting comments through the Portal. 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: Jocelyn Partridge, Special Counsel, Division of Clearing and Risk, (202) 418-5926, email: [email protected]; Meghan Tente, Special Counsel, Division of Clearing and Risk, (202) 418-5785, email: [email protected]; Jacob Chachkin, Special Counsel, Division of Swaps and Intermediary Oversight, (202) 418-5496, email: [[Page 15515]] [email protected]; or Dana Brown, Paralegal Specialist, Division of Market Oversight, (202) 418-5093, email: [email protected]; or (202) 418- 5093. SUPPLEMENTARY INFORMATION: Under the PRA, 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. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. Section 3506(c)(2)(A) of the PRA, 44 U.S.C. 3506(c)(2)(A), requires a Federal agency 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 these requirements, the CFTC is publishing notice of the proposed collection of information listed below. Title: Procedural Requirements for Requests for Interpretative, No- Action and Exemptive Letters (OMB Control No. 3038-0049). This is a request for an extension of a currently approved information collection. Abstract: This collection covers the information requirements for voluntary requests for, and the issuance of, interpretative, no-action, and exemptive letters submitted to Commission staff pursuant to the provisions of section 140.99 of the Commission's regulations,\1\ and related requests for confidential treatment pursuant to section 140.98(b) \2\ of the Commission's regulations. It includes reporting and recordkeeping requirements. --------------------------------------------------------------------------- \1\ 17 CFR. 140.99. An archive containing CFTC staff letters may be found at http://www.cftc.gov/LawRegulation/CFTCStaffLetters/index.htm. \2\ 17 CFR 140.98(b). --------------------------------------------------------------------------- The collection requirements described herein are voluntary. They apply to parties that choose to request a benefit from Commission staff in the form of the regulatory action described in section 140.99. Such benefits may include, for example, relief from some or all of the burdens associated with other collections of information, relief from regulatory obligations that do not constitute collections of information collections, interpretations, or extensions of time for compliance with certain Commission regulations. It is likely that persons who would opt to request action under section 140.99 will have determined that the information collection burdens that they would assume by doing so will be outweighed substantially by the relief that they seek to receive. The information collection associated with section 140.99 of the Commission's regulations is necessary, and would be used, to assist Commission staff in understanding the type of relief that is being requested and the basis for the request. It is also necessary, and would be used, to provide staff with a sufficient basis for determining whether: (1) Granting the relief would be necessary or appropriate under the facts and circumstances presented by the requestor; (2) the relief provided should be conditional and/or time-limited; and (3) granting the relief would be consistent with staff responses to requests that have been presented under similar facts and circumstances. In some cases, the requested relief might be granted upon the condition that those who seek the benefits of that relief fulfill certain notice and other reporting obligations that serve as substituted compliance for regulatory requirements that would otherwise be imposed. In other cases, the conditions might include reporting or recordkeeping requirements that are necessary to ensure that the relief granted by Commission staff is appropriate. Once again, it is likely that those who would comply with these conditions will have determined that the burden of complying with the conditions is outweighed by the relief that they seek to receive. The information collection associated with section 140.98(b) of the Commission's regulations is necessary to provide a mechanism whereby persons requesting no-action, interpretative and exemption letters may seek temporary confidential treatment of their request and the Commission staff response thereto and the grounds upon which such confidential treatment is sought. 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; and Ways to enhance the quality, usefulness, and clarity of the information to be collected; and Ways to minimize the burden of the 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. 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 section 145.9 of the Commission's regulations.\3\ 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 http://www.cftc.gov that it may deem 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 Requirement 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. --------------------------------------------------------------------------- \3\ 17 CFR 145.9. --------------------------------------------------------------------------- Burden Statement: In order to establish estimates of the annual information collection burdens associated with the exemptive, no-action and interpretative letters that may be issued by Commission staff during the three year renewal period, Commission staff reviewed the letters of this type that were issued by Commission staff during 2016. This timeframe was chosen because it is believed that such recent experience is indicative of both the quantity of requests that Commission staff expects to receive and the quantity of letters that Commission staff expects to issue on an annual basis during the renewal period and the information collection burdens that may be associated with them. In some cases, the relief granted in 2016 is unlikely to be requested again as it has been superseded by a Commission rulemaking. The projected burden estimates for the renewal period were not reduced accordingly in order to account for the possibility that new issues may arise. It is also possible that certain relief granted in 2016 may be superseded by a future Commission rulemaking. As future rulemakings and their effective dates are speculative, the estimates for the renewal period have [[Page 15516]] not been reduced to account for potential rulemakings. The annual respondent burden for this collection during the renewal period is estimated to be as follows: Estimated Number of Respondents: 284. Estimated Average Annual Burden Hours per Respondent: 9.5. Estimated Total Annual Burden Hours: 2,704. Frequency of Collection: Occasional. Type of Respondents: Respondents include persons registered with the Commission (such as commodity pool operators, commodity trading advisors, derivatives clearing organizations, designated contract markets, futures commission merchants, introducing brokers, swap dealers, and swap execution facilities), persons seeking an exemption from registration, persons whose registration with the Commission is pending, trade associations and their members, eligible contract participants, and other persons seeking relief from discrete regulatory requirements. There are no capital costs or operating and maintenance costs associated with this collection. These estimates, as set forth in greater detail below, include the burden hours for complying with the information requirements for exemptive, no-action and interpretative letters contained in section 140.99(c) of the Commission's regulations; effecting the filing of such letters pursuant to section 140.99(d); providing notice to Commission staff of materially changed facts and circumstances pursuant to section 140.99(c)(3)(ii); complying with any conditions that may be contained in a grant of no-action or exemptive relief; complying with requirements to make disclosures to third parties; and preparing and submitting withdrawals of requests for exemptive, no-action and interpretative letters, as provided in section 140.99(f). The estimates also include burden hours related to a request for confidential treatment made pursuant to section 140.98(b) of the Commission's regulations.\4\ --------------------------------------------------------------------------- \4\ The Commission now includes the collection of information related to Commission regulation 41.3(b), which involves exemption requests from certain intermediaries, under OMB number 3038-0059 and, as such, is no longer including it in this OMB number. --------------------------------------------------------------------------- The burden hours associated with requests for exemptive, no-action and interpretative letters include both the drafting and filing of the request itself as well as performing the underlying factual or legal analysis generally to comply with the information collection. The burden hours associated with individual requests will vary widely, depending upon the type and complexity of relief requested, whether the request presents novel or complex issues, the relevant facts and circumstances, and the number of requestors or other affected entities. The Commission provides estimates of the amount of time that any requestor spends on any particular request as each request is unique, based upon the preceding factors. ---------------------------------------------------------------------------------------------------------------- Estimated Estimated Estimated average Estimated annual annual reports Total annual number of annual burden respondents or records per responses hours per hours respondent response ---------------------------------------------------------------------------------------------------------------- Reporting ---------------------------------------------------------------------------------------------------------------- Sec. 140.99 (c)--information 78 1 78 24.7 1,930 requirements for letters....... Sec. 140.99(d)--filing 78 1 78 1 78 requirements................... Sec. 140.99 (c)(3)(ii)-- 5 1 5 3 15 materially changed facts and circumstances.................. Sec. 140.99(e)--staff response 16 1 16 5 80 (conditions imposed)........... Sec. 140.99(f)--withdrawal of 5 1 5 1 5 requests....................... Sec. 140.98(b)--requests for 42 1 42 1 42 confidential treatment......... ------------------------------------------------------------------------------- Total Reporting............. 224 1 224 9.6 2,150 ---------------------------------------------------------------------------------------------------------------- Recordkeeping ---------------------------------------------------------------------------------------------------------------- Sec. 140.99(e)--staff response 54 4 216 1 216 (conditions imposed)........... Disclosures to Third Parties.... 6 56.4 338 1 338 ------------------------------------------------------------------------------- Total....................... 284 2.7 778 3.5 2,704 ---------------------------------------------------------------------------------------------------------------- (Authority 44 U.S.C. 3501 et seq.) Dated: March 24, 2017. Robert N. Sidman, Deputy Secretary of the Commission. [FR Doc. 2017-06182 Filed 3-28-17; 8:45 am] BILLING CODE 6351-01-P
![15514 Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices
salmon mortality. More information is Comment’’ from the ‘‘Features’’ box on COMMODITY FUTURES TRADING
available at the CBP Task Force Web the Applications and Permits for COMMISSION
page: http://www.westcoast.fisheries. Protected Species (APPS) home page,
noaa.gov/columbia_river/index.html https://apps.nmfs.noaa.gov, and then Agency Information Collection
selecting File No. 21043 from the list of Activities: Notice of Intent To Extend
Matters To Be Considered Collection 3038–0049: Procedural
available applications.
This meeting time and agenda are These documents are also available Requirements for Requests for
subject to change. Updated information upon written request or by appointment Interpretative, No-Action, and
will be available on the CBP Task Force in the Permits and Conservation Exemptive Letters
Web page above. Division, Office of Protected Resources,
The meeting is convened to conduct AGENCY: Commodity Futures Trading
NMFS, 1315 East-West Highway, Room Commission.
the work of the CBP Task Force. 13705, Silver Spring, MD 20910; phone
Meeting topics include a discussion of ACTION: Notice.
(301) 427–8401; fax (301) 713–0376.
the final Operating Principles, Written comments on this application SUMMARY: The Commodity Futures
discussion of a shared vision, and work should be submitted to the Chief, Trading Commission (CFTC) is
plan for goal setting, including a Permits and Conservation Division, at announcing an opportunity for public
proposed analytical framework. The the address listed above. Comments may comment on the proposed extension of
meeting is open to the public as also be submitted by facsimile to (301) a collection of certain information by
observers, and a public comment period 713–0376, or by email to the agency. Under the Paperwork
will be provided on April 19, 2017, from NMFS.Pr1Comments@noaa.gov. Please Reduction Act (PRA), Federal agencies
11:30–12:00 p.m. to accept public input, include the File No. in the subject line are required to publish notice in the
limited to the time available. of the email comment. Federal Register concerning each
Special Accommodations Those individuals requesting a public proposed collection of information,
hearing should submit a written request including each proposed extension of an
The meeting is physically accessible to the Chief, Permits and Conservation existing collection of information, and
to people with disabilities. Requests for Division at the address listed above. The to allow 60 days for public comment.
sign language interpretation or other request should set forth the specific This notice solicits comments on
auxiliary aids should be directed to reasons why a hearing on this requirements related to requests for, and
Katherine Cheney; 503–231–6730 by application would be appropriate. the issuance of, exemptive, no-action,
April 4, 2017.
FOR FURTHER INFORMATION CONTACT: and interpretative letters.
Dated: March 23, 2017. Malcolm Mohead or Erin Markin, (301) DATES: Comments must be submitted on
Jennifer Lukens, 427–8401. or before May 30, 2017.
Director for the Office of Policy, National ADDRESSES: You may submit comments,
SUPPLEMENTARY INFORMATION: The
Marine Fisheries Service. identified by ‘‘OMB Control Number
subject permit is requested under the
[FR Doc. 2017–06132 Filed 3–28–17; 8:45 am] 3038–0049,’’ by any of the following
authority of the Endangered Species Act
BILLING CODE 3510–22–P
of 1973, as amended (ESA; 16 U.S.C. methods:
1531 et seq.) and the regulations • The Agency’s Web site, at http://
governing the taking, importing, and comments.cftc.gov/. Follow the
DEPARTMENT OF COMMERCE instructions for submitting comments
exporting of endangered and threatened
species (50 CFR parts 222–226). through the Web site.
National Oceanic and Atmospheric • Mail: Christopher Kirkpatrick,
Administration The objective of the permitted activity
is to conduct research and monitoring of Secretary of the Commission,
RIN 0648–XF271–X endangered smalltooth sawfish to Commodity Futures Trading
develop conservation and protective Commission, Three Lafayette Centre,
Endangered Species; File No. 21043 1155 21st Street NW., Washington, DC
measures ensuring the species’ recovery.
Other listed species potentially 20581.
AGENCY: National Marine Fisheries
• Hand Delivery/Courier: Same as
Service (NMFS), National Oceanic and encountered and incidentally collected
Mail above.
Atmospheric Administration (NOAA), include green (Chelonia mydas), • Federal eRulemaking Portal: http://
Commerce. hawksbill (Eretmochelys imbricata), www.regulations.gov/. Follow the
ACTION: Notice; receipt of application. Kemp’s ridley (Lepidocheyls kempii), instructions for submitting comments
leatherback (Dermochelys coriacea), and through the Portal.
SUMMARY: Notice is hereby given that loggerhead (Caretta caretta) sea turtles. Please submit your comments using
the Florida Fish and Wildlife Researchers are requesting to capture only one method. All comments must be
Conservation Commission, Fish and smalltooth sawfish in Florida waters, submitted in English, or if not,
Wildlife Research Institute, 585 and then measure, weigh, tag, genetic accompanied by an English translation.
Prineville Street, Port Charlotte, FL tissue sample, draw blood, and Comments will be posted as received to
33954 [Responsible Party, Gregg photograph animals prior to release. The http://www.cftc.gov.
Poulakis, Ph.D.], has applied in due applicant also requests to have access to
FOR FURTHER INFORMATION CONTACT:
form for a permit to take Pristis salvaged animals and parts taken at
pectinata for purposes of scientific Jocelyn Partridge, Special Counsel,
other parts within the species range.
Division of Clearing and Risk, (202)
mstockstill on DSK3G9T082PROD with NOTICES
research. Dated: March 23, 2017. 418–5926, email: jpartridge@cftc.gov;
DATES: Written, telefaxed, or email Julia Harrison, Meghan Tente, Special Counsel,
comments must be received on or before Chief, Permits and Conservation Division, Division of Clearing and Risk, (202)
April 28, 2017. Office of Protected Resources, National 418–5785, email: mtente@cftc.gov; Jacob
ADDRESSES: The application and related Marine Fisheries Service. Chachkin, Special Counsel, Division of
documents are available for review by [FR Doc. 2017–06139 Filed 3–28–17; 8:45 am] Swaps and Intermediary Oversight,
selecting ‘‘Records Open for Public BILLING CODE 3510–22–P (202) 418–5496, email:
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![15516 Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices
not been reduced to account for and other persons seeking relief from include burden hours related to a
potential rulemakings. discrete regulatory requirements. request for confidential treatment made
The annual respondent burden for There are no capital costs or operating pursuant to section 140.98(b) of the
this collection during the renewal and maintenance costs associated with Commission’s regulations.4
period is estimated to be as follows: this collection.
These estimates, as set forth in greater The burden hours associated with
Estimated Number of Respondents:
detail below, include the burden hours requests for exemptive, no-action and
284.
Estimated Average Annual Burden for complying with the information interpretative letters include both the
Hours per Respondent: 9.5. requirements for exemptive, no-action drafting and filing of the request itself
Estimated Total Annual Burden and interpretative letters contained in as well as performing the underlying
Hours: 2,704. section 140.99(c) of the Commission’s factual or legal analysis generally to
Frequency of Collection: Occasional. regulations; effecting the filing of such comply with the information collection.
Type of Respondents: Respondents letters pursuant to section 140.99(d); The burden hours associated with
include persons registered with the providing notice to Commission staff of individual requests will vary widely,
Commission (such as commodity pool materially changed facts and depending upon the type and
operators, commodity trading advisors, circumstances pursuant to section complexity of relief requested, whether
derivatives clearing organizations, 140.99(c)(3)(ii); complying with any the request presents novel or complex
designated contract markets, futures conditions that may be contained in a issues, the relevant facts and
commission merchants, introducing grant of no-action or exemptive relief; circumstances, and the number of
brokers, swap dealers, and swap complying with requirements to make requestors or other affected entities. The
execution facilities), persons seeking an disclosures to third parties; and Commission provides estimates of the
exemption from registration, persons preparing and submitting withdrawals amount of time that any requestor
whose registration with the Commission of requests for exemptive, no-action and spends on any particular request as each
is pending, trade associations and their interpretative letters, as provided in request is unique, based upon the
members, eligible contract participants, section 140.99(f). The estimates also preceding factors.
Estimated
Estimated
Estimated average Estimated
annual reports Total annual
annual number of annual burden
or records per responses
respondents hours hours
respondent per response
Reporting
§ 140.99 (c)—information requirements for letters .............. 78 1 78 24.7 1,930
§ 140.99(d)—filing requirements .......................................... 78 1 78 1 78
§ 140.99 (c)(3)(ii)—materially changed facts and cir-
cumstances ...................................................................... 5 1 5 3 15
§ 140.99(e)—staff response (conditions imposed) .............. 16 1 16 5 80
§ 140.99(f)—withdrawal of requests .................................... 5 1 5 1 5
§ 140.98(b)—requests for confidential treatment ................. 42 1 42 1 42
Total Reporting ............................................................. 224 1 224 9.6 2,150
Recordkeeping
§ 140.99(e)—staff response (conditions imposed) .............. 54 4 216 1 216
Disclosures to Third Parties ................................................. 6 56.4 338 1 338
Total .............................................................................. 284 2.7 778 3.5 2,704
(Authority 44 U.S.C. 3501 et seq.) DEPARTMENT OF DEFENSE DATES:This withdrawal is effective
Dated: March 24, 2017.
March 23, 2017.
Department of the Air Force
Robert N. Sidman, SUPPLEMENTARY INFORMATION: The
Deputy Secretary of the Commission. Board of Visitors of the U.S. Air Force Department of the Air Force is
[FR Doc. 2017–06182 Filed 3–28–17; 8:45 am] Academy Notice of Meeting withdrawing the meeting notice of the
BILLING CODE 6351–01–P
Board of Visitors that published on the
AGENCY: U.S. Air Force Academy Board 23rd since this meeting has been
of Visitors, Department of Defense. amended.
ACTION: Meeting withdrawal notice. Henry Williams,
Acting Air Force Federal Register Liaison
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY: The Board of Visitors of the Officer.
U.S. Air Force Academy Notice of [FR Doc. 2017–06173 Filed 3–28–17; 8:45 am]
Meeting is withdrawing the notice, this BILLING CODE 5001–10–P
meeting published on 23 March 2017
[FR 2017–05625].
4 The Commission now includes the collection of 41.3(b), which involves exemption requests from 0059 and, as such, is no longer including it in this
information related to Commission regulation certain intermediaries, under OMB number 3038– OMB number.
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Document Created: 2017-03-29 01:14:49
Document Modified: 2017-03-29 01:14:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Comments must be submitted on or before May 30, 2017. | |
| Contact | Jocelyn Partridge, Special Counsel, Division of Clearing and Risk, (202) 418-5926, email: [email protected]; Meghan Tente, Special Counsel, Division of Clearing and Risk, (202) 418-5785, email: [email protected]; Jacob Chachkin, Special Counsel, Division of Swaps and Intermediary Oversight, (202) 418-5496, email: [email protected]; or Dana Brown, Paralegal Specialist, Division of Market Oversight, (202) 418-5093, email: [email protected]; or (202) 418- 5093. | |
| FR Citation | 82 FR 15514 |
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