2020 30-Day FRN 3038-0117

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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Notices

ICCAT in refining management
objectives and narrowing the number of
viable CMPs for possible adoption by
the Commission. This open session
Advisory Committee meeting is
primarily informational in nature and is
intended to increase the opportunity for
stakeholder awareness and input on the
North Atlantic swordfish MSE process.
Discussions at the meeting will help
inform U.S. scientists who are
participating in the work of the SCRS as
well as U.S. managers participating in
relevant Commission-related meetings
later in 2023 addressing the North
Atlantic swordfish MSE.
Authority: 16 U.S.C. 971 et seq.; 16
U.S.C. 1801 et seq.
Dated: August 4, 2023.
Alexa Cole,
Director, Office of International Affairs,
Trade, and Commerce, National Marine
Fisheries Service.
[FR Doc. 2023–17075 Filed 8–8–23; 8:45 am]
BILLING CODE 3510–22–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities Under OMB Review
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

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 September 8, 2023.
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

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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. 3038–0117, 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, a petition for
confidential treatment of the exempt
information may be submitted according
to the procedures established in § 145.9
of the Commission’s regulations.1 The
Commission reserves the right, but shall
have no obligation, to review, prescreen, 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 the
Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT:
Eileen Chotiner, Division of Clearing
and Risk, Commodity Futures Trading
Commission, (202) 418–5467; email:
[email protected], and refer to OMB
Control No. 3038–0117.
SUPPLEMENTARY INFORMATION:
Title: Exemption from Derivatives
Clearing Organization Registration
(OMB Control No. 3038–0117). This is
a request for approval for an existing
collection in use without a currently
approved OMB control number.
1 17

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2 Average burden hours per respondent rounded
to the nearest full hour.

CFR 145.9.

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Abstract: This information collection
is associated with CFTC regulations
codifying the policies and procedures
that the Commission follows with
respect to granting exemptions from
registration as a DCO for the clearing of
proprietary swaps for U.S. persons and
futures commission merchants
(‘‘FCMs’’). The rules include reporting
requirements that are collections of
information requiring approval under
the PRA. Specifically, Commission
regulation 39.6 specifies the conditions
and procedures under which a clearing
organization may apply for exemption
from registration as a DCO, the
information that must be provided to
the Commission to obtain and maintain
such exemption, and procedures for
termination of an exemption. See 17
CFR 39.6. The information that is
collected under these regulations is
necessary for the Commission to
determine whether a clearing
organization qualifies for exemption
from DCO registration, to evaluate the
continued eligibility of the exempt DCO
for exemption from registration, to
review compliance by the exempt DCO
with any conditions of such exemption,
or to conduct its oversight of U.S.
persons and the swaps that are cleared
by U.S. persons through the exempt
DCO.
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 May 30, 2023, 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, 88
FR 34489. The Commission received no
relevant comments that addressed its
PRA burden estimates.
Burden Statement: The provisions of
part 39 of the CFTC’s Regulations
include reporting requirements that
constitute information collections
within the meaning of the PRA. With
respect to the ongoing reporting
obligations associated with exemption
from DCO registration, the CFTC
believes that exempt DCOs incur an
aggregate annual time-burden of 257
hours.
Respondents/Affected Entities:
Derivatives Clearing Organizations.
Estimated number of respondents: 9.
Estimated average burden hours per
respondent: 29 hours.2
Estimated total annual burden hours
on respondents: 257 hours.
Frequency of collection: On occasion.

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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Notices
There are no capital costs or operating
and maintenance costs associated with
this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: August 3, 2023.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023–17012 Filed 8–8–23; 8:45 am]
BILLING CODE 6351–01–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Extend
Collection 3038–0059: Part 41, Relating
to Security Futures Products
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

The Commodity Futures
Trading Commission (‘‘Commission’’ or
‘‘CFTC’’) is announcing an opportunity
for public comment on the extension of
a proposed collection of certain
information by the agency. In
compliance with the Paperwork
Reduction Act of 1995 (‘‘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 in
response to the notice. This notice
solicits comments on collection
requirements relating to security futures
products.
DATES: Comments must be submitted on
or before October 10, 2023.
ADDRESSES: You may submit comments,
identified by OMB Control No. 3038–
0059, by any of the following methods:
• The Agency’s website, at http://
comments.cftc.gov/. Follow the
instructions for submitting comments
through the website.
• Mail: Christopher Kirkpatrick,
Secretary of the Commission,
Commodity Futures Trading
Commission, 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
http://www.cftc.gov.
FOR FURTHER INFORMATION CONTACT:
Andrew Stein, Assistant Chief Counsel,
Division of Market Oversight,
Commodity Futures Trading

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Commission, (202) 418–6054; 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 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 CFTC is publishing
notice of the proposed 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.1
Title: Part 41, Relating to Security
Futures Products (OMB Control No.
3038–0059). This is a request for
extension of a currently approved
information collection.
Abstract: Section 4d(c) of the
Commodity Exchange Act (‘‘CEA’’), 7
U.S.C. 6d(c), requires the CFTC to
consult with the Securities and
Exchange Commission (‘‘SEC’’) and
issue such rules, regulations, or orders
as are necessary to avoid duplicative or
conflicting regulations applicable to
firms that are fully registered with the
SEC as brokers or dealers and the CFTC
as futures commission merchants
involving provisions of the CEA that
pertain to the treatment of customer
funds. The CFTC, jointly with the SEC,
issued regulations requiring such
dually-registered firms to make choices
as to how its customers’ transactions in
security futures products will be treated,
either as securities transactions held in
a securities account or as futures
transactions held in a futures account.
How an account is treated is important
in the unlikely event of the insolvency
of the firm. Securities accounts receive
insurance protection under provisions
of the Securities Investor Protection Act.
By contrast, futures accounts are subject
to the protections provided by the
segregation requirements of the CEA.
1 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 1320.8
(b)(3)(vi).

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With respect to the collection of
information, the Commission 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 electronic, 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 § 145.9
of the Commission’s regulations.2
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 the Freedom of Information Act.
Burden Statement: The respondent
burden for this collection is estimated to
average .9 hours per response. This
estimate includes the time needed to
review instructions; develop, acquire,
install, and utilize technology and
systems for the purposes of collecting,
validating, and verifying information,
processing and maintaining information
and disclosing and providing
information; adjust the existing ways to
comply with any previously applicable
instructions and requirements; train
personnel to be able to respond to a
collection of information; and transmit
or otherwise disclose the information.
Affected Entities: Entities potentially
affected by this action are businesses
and other for-profit institutions.
2 17

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CFR 145.9.

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