82 FR 24955 - Agency Information Collection Activities Under OMB Review
COMMODITY FUTURES TRADING COMMISSION Federal Register Volume 82, Issue 103 (May 31, 2017)
Federal Register Volume 82, Issue 103 (May 31, 2017)
| Page Range | 24955-24957 | |
| FR Document | 2017-11114 |
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)] [Notices] [Pages 24955-24957] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11114] ======================================================================= ----------------------------------------------------------------------- COMMODITY FUTURES TRADING COMMISSION 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 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 June 30, 2017. ADDRESSES: Comments regarding the burden estimate or any other aspect of the information collection, including suggestions for reducing the burden, may be submitted directly to the Office of Information and Regulatory Affairs (OIA) in OMB within 30 days of this notice's publication by either of the following methods. Please identify the comments by ``OMB Control No. 3038-0049.''By email addressed to: [email protected] or By mail addressed to: the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention Desk Officer for the Commodity Futures Trading Commission, 725 17th Street NW., Washington DC 20503. A copy of all comments submitted to OIRA should be sent to the Commodity Futures Trading Commission (the ``Commission'') by either of the following methods. The copies should refer to ``OMB Control No. 3038-0049.'' By mail addressed to: Christopher Kirkpatrick, Secretary of the [[Page 24956]] Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581; By Hand Delivery/Courier to the same address; or Through the Commission's Web site at http://comments.cftc.gov. Please follow the instructions for submitting comments through the Web site. A copy of the supporting statements for the collection of information discussed herein may be obtained by visiting http://RegInfo.gov. 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. 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 Sec. 145.9 of the Commission's regulations.\1\ --------------------------------------------------------------------------- \1\ 17 CFR 145.9. --------------------------------------------------------------------------- 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 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. 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: [email protected]; or Dana Brown, Paralegal Specialist, Division of Market Oversight, (202) 418-5093, email: [email protected]; or (202)418-5093. SUPPLEMENTARY INFORMATION: 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: 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 number. 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 Sec. 140.99 of the Commission's regulations,\2\ and related requests for confidential treatment pursuant to Sec. 140.98(b) \3\ of the Commission's regulations. It includes reporting and recordkeeping requirements. --------------------------------------------------------------------------- \2\ 17 CFR 140.99. An archive containing CFTC staff letters may be found at http://www.cftc.gov/LawRegulation/CFTCStaffLetters/index.htm. \3\ 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 Sec. 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, interpretations, or extensions of time for compliance with certain Commission regulations. It is likely that persons who would opt to request action under Sec. 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 Sec. 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 some cases, the conditions might include reporting or recordkeeping requirements that are necessary to ensure that the relief granted by Commission staff is appropriate. In some cases, the parties obtaining relief may be subject to reporting and recordkeeping requirements that are necessary to monitor for the parties' compliance with the conditions imposed. The foregoing categories may or may not be overlapping. 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 benefit of the relief that they seek to receive. The information collection associated with Sec. 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. On March 29, 2017, 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, 82 FR 15514, March 29, 2017 (``60-Day Notice''). Burden Statement: In order to establish estimates of the annual information collection burden 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 was believed that such recent experience would be 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 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: [[Page 24957]] 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 Sec. 140.99(c) of the Commission's regulations; effecting the filing of such letters pursuant to Sec. 140.99(d); providing notice to Commission staff of materially changed facts and circumstances pursuant to Sec. 140.99(c)(3)(ii); complying with any conditions and monitoring that may be contained in a grant of no-action or exemptive relief pursuant to Sec. 140.99(e); 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 Sec. 140.99(f). The estimates also include burden hours related to a request for confidential treatment made pursuant to Sec. 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 annual reports Total average Estimated annual or records annual number of annual respondents per responses hours per burden respondent response hours ---------------------------------------------------------------------------------------------------------------- REPORTING ---------------------------------------------------------------------------------------------------------------- Sec. 140.99(c)--information 78 1 78 24.7 1,930 requirements for letters................ Sec. 140.99(d)--filing requirements.... 78 1 78 1 78 Sec. 140.99(c)(3)(ii)--materially 5 1 5 3 15 changed facts and circumstances......... Sec. 140.99(e)--staff response 16 1 16 5 80 (conditions imposed).................... Sec. 140.99(f)--withdrawal of requests. 5 1 5 1 5 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: May 24, 2017. Robert N. Sidman, Deputy Secretary of the Commission. [FR Doc. 2017-11114 Filed 5-30-17; 8:45 am] BILLING CODE 6351-01-P
![Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices 24955
4. Community Activities and Issues C. Enforcement Issues Special Accommodations
5. Education and Outreach Initiatives D. Community Activities and Issues These meetings are accessible to
C. Update on Marianas Trench Marine E. Fisheries Development people with disabilities. Requests for
National Monument Management 1. Longline Dock Update sign language interpretation or other
Plan and Sanctuary Request 2. Aunu’u Fishermen Development auxiliary aids should be directed to
D. Marine Conservation Plans (Action 3. Tutuila and Manu’a Alia Repair Kitty M. Simonds, (808) 522–8220
Item) 4. Fishermen Training Program and (voice) or (808) 522–8226 (fax), at least
1. Territory of Guam Lending Scheme five days prior to the meeting date.
2. Commonwealth of Northern 5. Working Alia Project
Mariana Islands 6. Fagatogo Fish Market & Bottomfish Authority: 16 U.S.C. 1801 et seq.
E. Advisory Group Reports and Export Dated: May 26, 2017.
Recommendations 7. Manu’a Fishermen Cooperatives Tracey L. Thompson,
1. Advisory Panel F. Shark Law Revision Acting Deputy Director, Office of Sustainable
2. Non-Commercial Fisheries G. Education and Outreach Fisheries, National Marine Fisheries Service.
Advisory Committee 1. AmeriCorps and Kupu Hawaii [FR Doc. 2017–11283 Filed 5–30–17; 8:45 am]
3. FDCRC Climate Change Resilience BILLING CODE 3510–22–P
4. SSC Internship Program
F. Fishery Rights of Indigenous 2. Graduating Scholarship Students
People Standing Committee Employment
Recommendations COMMODITY FUTURES TRADING
3. Summer Fisheries High School
G. Public Hearing COMMISSION
Course
H. Council Discussion and Action H. Advisory Group Reports and Agency Information Collection
Wednesday, June 21, 2017, 6 p.m. to 9 Recommendations Activities Under OMB Review
p.m., 1. Advisory Panel
2. FDCRC AGENCY: Commodity Futures Trading
Fishers Forum—From Boat to Web: 3. SSC Commission.
Understanding Catch Reporting and I. Fishery Rights of Indigenous People ACTION: Notice.
Fishery Monitoring Standing Committee
Thursday June 22, 2017, 8:30 a.m. to 5 Recommendations SUMMARY: In compliance with the
p.m. J. Public Comment Paperwork Reduction Act of 1995,
K. Council Discussion and Action (PRA), this notice announces that the
10. Hawaii Archipelago & Pacific 12. Administrative Matters Information Collection Request (ICR)
Remote Island Areas (PRIA) A. Financial Reports abstracted below has been forwarded to
A. Moku Pepa B. Administrative Reports the Office of Management and Budget
B. Legislative Report C. Update on information inquiries (OMB) for review and comment. The
C. Enforcement Issues and responses ICR describes the nature of the
D. Community Issues information collection and its expected
D. Council Family Changes
1. Promise to Paeaina costs and burden.
1. Marine Planning and Climate
2. Moomomi Community-based
Change Committee DATES: Comments must be submitted on
management plan meetings
2. Advisory Panels or before June 30, 2017.
E. Re-specification of annual catch
3. Others ADDRESSES: Comments regarding the
limits for the main Hawaiian island
E. Report on the annual CCC meeting burden estimate or any other aspect of
Kona crab fishery (Action Item)
F. SOPP Changes the information collection, including
F. Options for Fishing Regulations in
1. Report of the legislative committee suggestions for reducing the burden,
the NWHI MEA (Action Item)
G. Marine Conservation Plan for PRIA G. Meetings and Workshops may be submitted directly to the Office
and Hawaii (Action Item) H. Other Business of Information and Regulatory Affairs
H. Report on MHI Bottomfish I. Fishery Rights of Indigenous People (OIA) in OMB within 30 days of this
Working Group Meeting Standing Committee notice’s publication by either of the
I. State of Hawaii Coral Reef Recommendations following methods. Please identify the
Bleaching Management Plan J. Executive and Budget Standing comments by ‘‘OMB Control No. 3038–
J. Education and Outreach Initiatives Committee Recommendations 0049.’’
K. Advisory Group Report and K. Public Comment • By email addressed to:
Recommendations L. Council Discussion and Action OIRAsubmissions@omb.eop.gov or
1. Advisory Panel 13. Other Business • By mail addressed to: the Office of
2. Non-Commercial Fisheries Non-emergency issues not contained Information and Regulatory Affairs,
Advisory Committee in this agenda may come before the Office of Management and Budget,
3. FDCRC Council for discussion and formal Attention Desk Officer for the
4. SSC Council action during its 170th meeting. Commodity Futures Trading
L. Fishery Rights of Indigenous However, Council action on regulatory Commission, 725 17th Street NW.,
People Standing Committee issues will be restricted to those issues Washington DC 20503.
Recommendations specifically listed in this document and A copy of all comments submitted to
nlaroche on DSK30NT082PROD with NOTICES
M. Pelagic & International Standing any regulatory issue arising after OIRA should be sent to the Commodity
Committee Recommendations publication of this document that Futures Trading Commission (the
N. Public Hearing requires emergency action under section ‘‘Commission’’) by either of the
O. Council Discussion and Action 305(c) of the Magnuson-Stevens Act, following methods. The copies should
11. American Samoa Archipelago provided the public has been notified of refer to ‘‘OMB Control No. 3038–0049.’’
A. Motu Lipoti the Council’s intent to take action to • By mail addressed to: Christopher
B. Fono Report address the emergency. Kirkpatrick, Secretary of the
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![Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices 24957
Estimated Number of Respondents: There are no capital costs or operating burden hours related to a request for
284. and maintenance costs associated with confidential treatment made pursuant to
Estimated Average Annual Burden this collection. § 140.98(b) of the Commission’s
Hours per Respondent: 9.5. These estimates, as set forth in greater regulations.4
detail below, include the burden hours The burden hours associated with
Estimated Total Annual Burden for complying with the information requests for exemptive, no-action and
Hours: 2,704. requirements for exemptive, no-action interpretative letters include both the
Frequency of Collection: Occasional. and interpretative letters contained in drafting and filing of the request itself
Type of Respondents: Respondents § 140.99(c) of the Commission’s as well as performing the underlying
include persons registered with the regulations; effecting the filing of such factual or legal analysis generally to
letters pursuant to § 140.99(d); comply with the information collection.
Commission (such as commodity pool
providing notice to Commission staff of The burden hours associated with
operators, commodity trading advisors,
materially changed facts and individual requests will vary widely,
derivatives clearing organizations, circumstances pursuant to depending upon the type and
designated contract markets, futures § 140.99(c)(3)(ii); complying with any complexity of relief requested, whether
commission merchants, introducing conditions and monitoring that may be the request presents novel or complex
brokers, swap dealers, and swap contained in a grant of no-action or issues, the relevant facts and
execution facilities); persons seeking an exemptive relief pursuant to § 140.99(e); circumstances, and the number of
exemption from registration; persons complying with requirements to make requestors or other affected entities. The
whose registration with the Commission disclosures to third parties; and Commission provides estimates of the
is pending; trade associations and their preparing and submitting withdrawals amount of time that any requestor
members; eligible contract participants; of requests for exemptive, no-action and spends on any particular request as each
and other persons seeking relief from interpretative letters, as provided in request is unique, based upon the
discrete regulatory requirements. § 140.99(f). The estimates also include preceding factors.
Estimated
Estimated Estimated
Estimated average
annual reports Total annual annual
annual number of
or records per responses burden
respondents hours per
respondent hours
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 circumstances ..... 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. ACTION: Meeting notice. Scientific Advisory Board, 1500 West
Dated: May 24, 2017. Perimeter Road, Ste. #3300, Joint Base
SUMMARY: The United States Air Force Andrews, MD 20762.
Robert N. Sidman, Scientific Advisory Board plans to hold
Deputy Secretary of the Commission. SUPPLEMENTARY INFORMATION: Under the
its Summer Session Board meeting on
[FR Doc. 2017–11114 Filed 5–30–17; 8:45 am] provisions of the Federal Advisory
June 15, 2017. Portions of this meeting
Committee Act of 1972 (5 U.S.C.,
BILLING CODE 6351–01–P will be open to the public.
Appendix, as amended), the
DATES: The meeting date is June 15, Government in the Sunshine Act of
2017, from 8:00 a.m. to 4:00 p.m. 1976 (5 U.S.C. 552b, as amended), and
DEPARTMENT OF DEFENSE ADDRESSES: The Beckman Center of 41 CFR 102–3.150, the Department of
National Academies of Science and Defense announces the United States
Department of the Air Force Engineering, 100 Academy Drive, Irvine, Air Force (USAF) Scientific Advisory
California 92617. Board (SAB) Summer Board meeting
United States Air Force Scientific
FOR FURTHER INFORMATION CONTACT: The will take place on 15 June 2017 at the
nlaroche on DSK30NT082PROD with NOTICES
Advisory Board Notice of Meeting
Scientific Advisory Board meeting Beckman Center of The National
AGENCY: Air Force Scientific Advisory organizer, Major Mike Rigoni at Academies of Science and Engineering,
Board, Department of the Air Force, michael.j.rigoni.mil@mail.mil or (703) located at 100 Academy Drive, Irvine,
DOD. 695–4297, United States Air Force California 92617. The purpose of this
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: 2017-05-31 05:59:19
Document Modified: 2017-05-31 05:59:19
| 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 June 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 24955 |
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