60-Day Federal Register Notice

(2020) 60-day notice for 3038-0049.pdf

Procedural Requirements for Requests for Interpretative, No- Action and Exemptive Letters

60-Day Federal Register Notice

OMB: 3038-0049

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Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Notices

Background
This National Telecommunications
and Information Administration
cybersecurity multistakeholder process
focuses on promoting software
component transparency. Most modern
software is not written completely from
scratch, but includes existing
components, modules, and libraries
from the open source and commercial
software world. Modern development
practices such as code reuse, and a
dynamic IT marketplace with
acquisitions and mergers, make it
challenging to track the use of software
components. The Internet of Things
compounds this phenomenon, as new
organizations, enterprises, and
innovators take on the role of software
developer to add ‘‘smart’’ features or
connectivity to their products. While
the majority of libraries and components
do not have known vulnerabilities,
many do, and the sheer quantity of
software means that some software
products ship with vulnerable or out-ofdate components.
The first meeting of this
multistakeholder process was held on
July 19, 2018, in Washington, DC.1
Stakeholders presented multiple
perspectives, and identified several
inter-related work streams:
Understanding the Problem, Use Cases
and State of Practice, Standards and
Formats, and Healthcare Proof of
Concept. Since then, stakeholders have
been discussing key issues and
developing products such as guidance
documents. NTIA acts as the convener,
but stakeholders drive the outcomes.
Success of the process will be evaluated
by the extent to which broader findings
on software component transparency are
implemented across the ecosystem.
The first set of stakeholder-drafted
documents on Software Bills of
Materials was published by NTIA in
November 2019. Those documents, and
subsequent consensus-approved drafts
from the community are published at:
https://www.ntia.doc.gov/SBOM. The
main objectives of the April 15, 2020,
meeting are to share progress from the
working groups; to give feedback on the
ongoing work around technical
challenges, tooling, demonstrations, and
awareness and adoption; and to begin
discussions around potential guidance
or playbook documents. More
information about stakeholders’ work is
available at: https://www.ntia.doc.gov/
SoftwareTransparency.
Time and Date: NTIA will convene
the next meeting of the multistakeholder
1 Notes, presentations, and a video recording of
the July 19, 2018, kickoff meeting are available at:
https://www.ntia.doc.gov/SoftwareTransparency.

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process on Software Component
Transparency on April 15, 2020, from
10:00 a.m. to 4:00 p.m. Eastern Time.
The exact time of the meeting is subject
to change. Please refer to NTIA’s
website, https://www.ntia.doc.gov/
SoftwareTransparency, for the most
current information.
Place: The meeting will be held
virtually, with online slide share and
dial-in information to be posted at
https://www.ntia.doc.gov/
SoftwareTransparency. Please refer to
NTIA’s website, https://
www.ntia.doc.gov/
SoftwareTransparency, for the most
current information.
Other Information: The meeting is
open to the public and the press on a
first-come, first-served basis.
The virtual meeting is accessible to
people with disabilities. Requests for
real-time captioning or other auxiliary
aids should be directed to Allan
Friedman at (202) 482–4281 or
[email protected] at least seven
(7) business days prior to the meeting.
Access details for the meeting are
subject to change. Please refer to NTIA’s
website, https://www.ntia.doc.gov/
SoftwareTransparency, for the most
current information.
Dated: March 13, 2020.
Kathy D. Smith,
Chief Counsel, National Telecommunications
and Information Administration.
[FR Doc. 2020–05666 Filed 3–17–20; 8:45 am]
BILLING CODE 3510–60–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Extend
Collection Number 3038–0049:
Procedural Requirements for Requests
for Interpretative, No-Action, and
Exemptive Letters
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

The Commodity Futures
Trading Commission (‘‘Commission’’ or
‘‘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

SUMMARY:

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requests for, and the issuance of,
exemptive, no-action, and interpretative
letters.
DATES: Comments must be submitted on
or before May 18, 2020.
ADDRESSES: You may submit comments,
identified by ‘‘OMB Control Number
3038–0049,’’ by any of the following
methods:
• The CFTC 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. 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.
FOR FURTHER INFORMATION CONTACT:
Jacob Chachkin, Special Counsel,
Division of Swap Dealer and
Intermediary Oversight, (202) 418–5496,
email: [email protected]; Steven
Haidar, Special Counsel, Division of
Market Oversight, (202) 418–5611,
email: [email protected]; or Melissa
D’Arcy, Special Counsel, Division of
Clearing and Risk, (202) 418–5086,
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
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 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. 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. To comply with these
requirements, the CFTC is publishing
notice of the proposed extension of the
currently approved collection of
information listed below.

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Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Notices
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.
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,
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.
This information collection 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 conditions 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
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).

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to receive. This information collection
also is necessary to provide a
mechanism whereby persons requesting
interpretative, no-action, and exemptive
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;
• 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 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
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.
Burden Statement: The Commission
is revising its burden estimate for this
information collection. The Commission
has based its estimate of the annual
number of respondents related to this
information collection, in part, on the
average number of interpretative, noaction, and exemptive letters issued by
3 17

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Commission staff in 2017, 2018, and
2019. The Commission generally
estimates that each request was made by
a unique respondent. To that number,
the Commission is adding additional
respondents that have incurred burden
hours preparing requests for relief that
did not generate a Commission staff
letter in response.
This estimate includes the burden
hours for preparing, filing, and updating
such request letters as well as the
burden of complying with any
conditions that may be contained in any
interpretative, no-action, or exemptive
letters granting relief. It also includes
burden hours required to prepare and
submit related requests for confidential
treatment. 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 respondent burden is estimated
to be as follows:
Estimated Number of Annual
Respondents: 68.
Estimated Average Annual Burden
Hours per Respondent: 40.
Estimated Total Annual Burden
Hours: 2,720.
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.
(Authority 44 U.S.C. 3501 et seq.)
Dated: March 12, 2020.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2020–05575 Filed 3–17–20; 8:45 am]
BILLING CODE 6351–01–P

CFR 145.9.

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