Agency Information Collection Activities; Notice of Intent To Renew Collection: Procedural Requirements for Requests for Interpretative, No-Action, and Exemptive Letters, 79408-79410 [2013-31106]

Download as PDF 79408 Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Notices TABLE 1—POPULATION ABUNDANCE ESTIMATES, TOTAL AUTHORIZED LEVEL B TAKE, AND PERCENTAGE OF POPULATION THAT MAY BE TAKEN FOR THE POTENTIALLY AFFECTED SPECIES DURING THE PROPOSED ROCKY INTERTIDAL MONITORING PROGRAM Species Abundance* Total authorized level b take 1 30,196 Harbor Seal ................................................................................................................ Percentage of stock or population 337 1.1–2.1 60 36 0.02 0.03 2 16,165 California Sea Lion .................................................................................................... Northern Elephant Seal ............................................................................................. 296,750 124,000 * Abundance estimates are taken from the 2012 U.S. Pacific Marine Mammal Stock Assessments (Carretta et al., 2013). 1 California stock abundance estimate. 2 Oregon/Washington stock abundance estimate. Impact on Availability of Affected Species or Stock for Taking for Subsistence Uses There are no relevant subsistence uses of marine mammals implicated by this action. Therefore, NMFS has determined that the total taking of affected species or stocks would not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence purposes. Endangered Species Act (ESA) None of the marine mammals for which incidental take is authorized are listed as threatened or endangered under the ESA. NMFS’ Permits and Conservation Division worked with the NMFS Southwest Regional Office to ensure that Steller sea lions would be avoided and incidental take would not occur. Therefore, NMFS has determined that issuance of the IHA to PISCO under section 101(a)(5)(D) of the MMPA will have no effect on species listed as threatened or endangered under the ESA. maindgalligan on DSK5TPTVN1PROD with NOTICES National Environmental Policy Act (NEPA) 17:15 Dec 27, 2013 Jkt 232001 Dated: December 23, 2013. Perry Gayaldo, Acting Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2013–31196 Filed 12–27–13; 8:45 am] BILLING CODE 3510–22–P COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities; Notice of Intent To Renew Collection: Procedural Requirements for Requests for Interpretative, NoAction, and Exemptive Letters Commodity Futures Trading Commission. ACTION: Notice. AGENCY: The Commodity Futures Trading Commission (CFTC) seeks public comment on the proposed renewal of a collection of 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 in response to the notice. This notice solicits comments on requirements relating to requests for and issuance of exemptive, no-action, and interpretative letters. DATES: Comments must be submitted on or before February 28, 2014. ADDRESSES: You may submit comments, identified by ‘‘Collection 3038–0049– Renewal,’’ by any of the following methods: SUMMARY: In 2012, we prepared an EA analyzing the potential effects to the human environment from conducting rocky intertidal surveys along the California and Oregon coasts and issued a FONSI on the issuance of an IHA for PISCO’s rocky intertidal surveys in accordance with section 6.01 of the NOAA Administrative Order 216–6 (Environmental Review Procedures for Implementing the National Environmental Policy Act, May 20, 1999). PISCO’s proposed activities and impacts for 2013–2014 are within the scope of our 2012 EA and FONSI. We have reviewed the 2012 EA and determined that there are no new direct, indirect, or cumulative impacts to the human and natural environment associated with the IHA requiring evaluation in a supplemental EA and we, therefore, reaffirm the 2012 FONSI. VerDate Mar<15>2010 Authorization As a result of these determinations, NMFS has authorized the take of marine mammals incidental to PISCO’s rocky intertidal monitoring research activities, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 • The Agency’s Web site, at http:// comments.cftc.gov/. Follow the instructions for submitting comments through the Web site. • Mail: Melissa D. Jurgens, 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 www.cftc.gov. FOR FURTHER INFORMATION CONTACT: Christopher W. Cummings, Special Counsel, Division of Swap Dealer and Intermediary Oversight, (202) 418–5228, email: ccummings@cftc.gov; Jocelyn Partridge, Special Counsel, Division of Clearing and Risk, (202) 418–5926, email: jpartridge@cftc.gov; Riva Spear Adriance, Senior Special Counsel, Division of Market Oversight, (202) 418– 5494, email: radriance@cftc.gov; or Beverly E. Loew, Assistant General Counsel, Office of General Counsel, (202) 418–5648, email: bloew@cftc.gov. 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. The definition 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. Sections 3506(c)(2)(A) and 3507(h) of the PRA, 44 U.S.C. 3506(c)(2)(A) and 3507(h), require a Federal agency to provide a 60-day notice in the Federal Register whenever it seeks to renew a collection of information previously E:\FR\FM\30DEN1.SGM 30DEN1 79409 maindgalligan on DSK5TPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Notices approved by OMB, seeking public comment before submitting the collection to OMB for renewal. To comply with this requirement, the CFTC is publishing notice of the proposed collection of information listed below. Abstract: This collection covers the procedural requirements for requests for, and issuance of, interpretative, noaction, and exemptive letters according to the provisions of section 140.99 of the Commission’s regulations.1 The current collection, for which a three-year extension is being sought, has been assigned OMB control number 3038– 0049. The collection requirements contained herein are voluntary. The requirements are observed by parties that wish to apply most frequently for a benefit from agency staff in the form of regulatory relief described in section 140.99. Relief sought often relieves the persons obtaining it from some or all of the burdens associated with other collections of information. Burden Statement: There has been an increase in requests for no-action and interpretive letters in particular, following the implementation of the Wall Street Reform and Consumer Protection Act (‘‘Dodd-Frank Act’’) by the Commission. Accordingly, as elaborated below, the burden hours for this collection are being increased from the last renewal of this collection. The burden increase is related to several factors. First, there have been an increased number of respondents for this collection in the form of requestors that must comply with the collection requirements contained in section 140.99 in order for the request to be considered by staff. Second, burden increase is attributable to collection requirements contained within issued exemptive and no-action letters providing regulatory relief. Historically, most exemptive, noaction, and interpretive letters were sought by and issued to an individual party (or fewer than ten persons) that may have been subject to discrete collections of information in a letter in order to obtain the benefit of it, which collections were excepted from the application of the PRA. Since the implementation of the Dodd-Frank Act, however, these letters more frequently have been sought by and issued to large groups of similarly situated persons, typically to entire industries or industry subgroups. Because of the increase in respondents, the PRA exception is not applicable to this proposed renewal. 1 17 CFR 140.99. An archive containing CFTC staff letters may be found at http://www.cftc.gov/ LawRegulation/CFTCStaffLetters/index.htm. VerDate Mar<15>2010 17:15 Dec 27, 2013 Jkt 232001 Thus, the proposed renewal accounts for relief issued by staff under regulation 140.99 that contain information collections, which often involves providing notice and certifications to the division or office staff issuing the letter. The proposed renewal also accounts for relief from compliance with an existing collection of information, and occasionally from a regulatory obligation that does not contain a collection of information, with substituted compliance obligations in the form of an information collection in the letter providing the relief. Third, there has been an increase in burden attributable to adding collection requirements into this collection that are related to this collection, such as compliance with requirements for requesting confidential treatment of letters that may be granted under section 140.98 of the Commission’s regulations, but could be effected through separate collections. It was determined not to establish separate collections for the related matters in order to streamline the analysis, compliance, and renewal processes for the Commission and all entities that may submit requests for exemptive, noaction, and interpretive letters that include burden associated with the related matters. Therefore, in order to establish estimates with respect to no-action and exemptive letters that may be issued during the 3-year renewal period for which the Commission is applying, a sampling was taken of exemptive and no-action letters over a six month period from December 4, 2012, through June 4, 2013. This time period was chosen because it is believed that it reasonably represents the shift in the manner in which these letters are sought and issued since the last renewal of this collection of information. During this period, encompassing noaction letters 12–40 through 13–22, 58 no-action letters were issued. Thirty contained no collections of information, or collections that do not require an OMB control number, for example because they involved the submission of information by fewer than 10 persons,2 or they involved notice filings solely requiring a respondent to identify itself as relying on the relief, which notice is not considered to be an information collection under the PRA.3 Twentyeight contained collections of information, a number of which require certification requirements that will permit monitoring for compliance with 2 See, 3 See, PO 00000 e.g., 44 U.S.C. 3502(3)(A)(1). e.g., 5 CFR 1320.3(h)(1). Frm 00020 Fmt 4703 Sfmt 4703 statutory or regulatory requirements not subject to the relief issued.4 Other contained substituted compliance obligations in the form of collections that were intended to be no more burdensome than the collection requirements provided for in the regulations, from which the no-action letters provided relief. Of the few letters that contained conditions allowing for substituted compliance that included a collection of information but relieved regulatory burden not associated with a collection of information, the increased collection burden was offset by the overall decrease in collection burden resulting from other letters issued pursuant to section 140.99. Nonetheless, to ensure flexibility over the next three years, burden hours were estimated to cover circumstances in which a collection contained in a no-action or exemptive letter may add to, rather than offset or decrease, regulatory burdens containing collections of information. Finally, although there has been an increase in requests for no-action relief and interpretive letters, Commission staff does not anticipate that this increase will be permanent. Thus, burden estimates have been bifurcated. Burden hours have been estimated at an increased level for the first year following the renewal of this collection, and then pared for the second and third years, so as not to artificially inflate the Commission’s burden budget, or the burden budget that is maintained government-wide by OMB. Past experience was used to estimate the number of no-action, interpretive, and exemptive letters that may be received over the three-years for which this renewal is being sought. The number of letters received over the past five years are as follows: Letters Issued 2013 2012 2011 2010 2009 ................ ................ ................ ................ ................ Noaction Interpretive Exemptive 64 70 8 9 11 0 1 0 23 35 0 11 1 4 3 Burden Estimates. For the proposed renewal period, the respondent burden calculated with consideration to past experience is estimated to be 28,478 hours. These estimates include 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 filing as provided in section 140.99(d), providing notice of material change in 4 Id. E:\FR\FM\30DEN1.SGM 30DEN1 79410 Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Notices circumstances that may affect any relief granted pursuant to section 140.99(e), and complying with notice and other conditions that may be contained in grant of exemptive or no-action relief issued by staff; and preparing and submitting withdrawals of requests for exemptive, no-action, and interpretative letters pursuant to section 140.99(f). The estimates also include burden hours for preparing a confidential treatment request pursuant to and responding to any process contained in associated section 140.98(b) of the Commission’s regulations, and complying with the documentation requirements contained in section 41.3(b), related to exemption requests from certain intermediaries. Respondents/Affected Entities: Registered entities, intermediaries, eligible contract participants, parties clarifying their status as such or seeking Estimated annual respondents or recordkeepers REPORTING—RENEWAL YEAR ONE: § 140.99(c)—information requirements for letters ........ § 140.99(d)—filing requirements ................................... § 140.99(e)—staff response: change of facts and circumstances ....................... notice and other conditions ................................... § 140.99(f)—withdrawal of requests ............................. § 140.98(b)—confidential treatment requests ............... § 41.3(b)—securities brokers and dealers requesting exemptive orders; documentation requirement ........ REPORTING—YEARS TWO AND THREE: § 140.99(c)—information requirements for letters ........ § 140.99(d)—filing requirements ................................... § 140.99(e)—staff response: change of facts and circumstances ....................... notice and other conditions ................................... § 140.99(f)—withdrawal of requests ............................. § 140.98(b)—confidential treatment requests ............... § 41.3(b)—securities brokers and dealers requesting exemptive orders; documentation requirement ........ Reports or records annually— each respondent relief from registration or discrete regulatory burdens associated with their status. Estimated number of respondents: 12,428. Estimated total annual burden on respondents: 28,478 hours. Frequency of collection: Occasionally. The Commission estimates the burden of this collection of information as follows: Total annual responses Estimated average number of hours per response Estimated annual burden hours 40 40 1 1 40 40 9.00 0.38 360 15 7 4,500 6 5 1 1 1 1 7 4,500 6 5 2.25 1.50 0.75 1.80 16 6,750 5 9 10 1 10 3.75 38 25 25 1 1 25 25 9.00 0.38 225 9 4 1,500 3 3 1 1 2.25 1.50 1 4 1,500 0 3 1.80 9 2,250 0 5 10 1 10 3.75 38 6,178 13 6,175 38 9,728 4,500 4 18,000 0.75 13,500 1,750 4 7,000 0.75 5,250 SUBTOTAL RECORDKEEPING .................... 6,250 8 25,000 2 18,750 GRAND TOTAL .............................................. maindgalligan on DSK5TPTVN1PROD with NOTICES SUBTOTAL REPORTING .............................. RECORDKEEPING—RENEWAL YEAR ONE: § 140.99(e)—staff response: notice and other conditions ................................... RECORDKEEPING—RENEWAL YEARS TWO AND THREE: § 140.99(e)—staff response: notice and other conditions ................................... 12,428 21 31,175 40 28,478 There are no capital costs or operating and maintenance costs associated with this collection. This estimate is based on the number of requests for such letters in the last three years. Although the burden varies with the type, size, and complexity of the request submitted, such request may involve analytical work and analysis, as well as the work of drafting the request itself. Comment Solicitation: With respect to this 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; VerDate Mar<15>2010 17:15 Dec 27, 2013 Jkt 232001 • 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 automated electronic, mechanical, or other technological collection techniques or other forms of information technology; e.g., permitting electronic submission of responses. PO 00000 Dated: December 23, 2013. Christopher J. Kirkpatrick, Deputy Secretary of the Commission. [FR Doc. 2013–31106 Filed 12–27–13; 8:45 am] BILLING CODE 6351–01–P BUREAU OF CONSUMER FINANCIAL PROTECTION Fair Credit Reporting Act Disclosures Bureau of Consumer Financial Protection. ACTION: Notice regarding charges for certain disclosures under the Fair Credit Reporting Act. AGENCY: The Bureau of Consumer Financial Protection (Bureau) SUMMARY: Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 30DEN1

Agencies

[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Notices]
[Pages 79408-79410]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31106]


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COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities; Notice of Intent To 
Renew Collection: 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) seeks public 
comment on the proposed renewal of a collection of 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 in response to the notice. This notice solicits comments 
on requirements relating to requests for and issuance of exemptive, no-
action, and interpretative letters.

DATES: Comments must be submitted on or before February 28, 2014.

ADDRESSES: You may submit comments, identified by ``Collection 3038-
0049-Renewal,'' 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: Melissa D. Jurgens, 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 www.cftc.gov.

FOR FURTHER INFORMATION CONTACT: Christopher W. Cummings, Special 
Counsel, Division of Swap Dealer and Intermediary Oversight, (202) 418-
5228, email: ccummings@cftc.gov; Jocelyn Partridge, Special Counsel, 
Division of Clearing and Risk, (202) 418-5926, email: 
jpartridge@cftc.gov; Riva Spear Adriance, Senior Special Counsel, 
Division of Market Oversight, (202) 418-5494, email: 
radriance@cftc.gov; or Beverly E. Loew, Assistant General Counsel, 
Office of General Counsel, (202) 418-5648, email: bloew@cftc.gov.

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. The 
definition 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. Sections 3506(c)(2)(A) and 3507(h) of the 
PRA, 44 U.S.C. 3506(c)(2)(A) and 3507(h), require a Federal agency to 
provide a 60-day notice in the Federal Register whenever it seeks to 
renew a collection of information previously

[[Page 79409]]

approved by OMB, seeking public comment before submitting the 
collection to OMB for renewal. To comply with this requirement, the 
CFTC is publishing notice of the proposed collection of information 
listed below.
    Abstract: This collection covers the procedural requirements for 
requests for, and issuance of, interpretative, no-action, and exemptive 
letters according to the provisions of section 140.99 of the 
Commission's regulations.\1\ The current collection, for which a three-
year extension is being sought, has been assigned OMB control number 
3038-0049. The collection requirements contained herein are voluntary. 
The requirements are observed by parties that wish to apply most 
frequently for a benefit from agency staff in the form of regulatory 
relief described in section 140.99. Relief sought often relieves the 
persons obtaining it from some or all of the burdens associated with 
other collections of information.
---------------------------------------------------------------------------

    \1\ 17 CFR 140.99. An archive containing CFTC staff letters may 
be found at http://www.cftc.gov/LawRegulation/CFTCStaffLetters/index.htm.
---------------------------------------------------------------------------

    Burden Statement: There has been an increase in requests for no-
action and interpretive letters in particular, following the 
implementation of the Wall Street Reform and Consumer Protection Act 
(``Dodd-Frank Act'') by the Commission. Accordingly, as elaborated 
below, the burden hours for this collection are being increased from 
the last renewal of this collection.
    The burden increase is related to several factors. First, there 
have been an increased number of respondents for this collection in the 
form of requestors that must comply with the collection requirements 
contained in section 140.99 in order for the request to be considered 
by staff.
    Second, burden increase is attributable to collection requirements 
contained within issued exemptive and no-action letters providing 
regulatory relief. Historically, most exemptive, no-action, and 
interpretive letters were sought by and issued to an individual party 
(or fewer than ten persons) that may have been subject to discrete 
collections of information in a letter in order to obtain the benefit 
of it, which collections were excepted from the application of the PRA. 
Since the implementation of the Dodd-Frank Act, however, these letters 
more frequently have been sought by and issued to large groups of 
similarly situated persons, typically to entire industries or industry 
subgroups. Because of the increase in respondents, the PRA exception is 
not applicable to this proposed renewal.
    Thus, the proposed renewal accounts for relief issued by staff 
under regulation 140.99 that contain information collections, which 
often involves providing notice and certifications to the division or 
office staff issuing the letter. The proposed renewal also accounts for 
relief from compliance with an existing collection of information, and 
occasionally from a regulatory obligation that does not contain a 
collection of information, with substituted compliance obligations in 
the form of an information collection in the letter providing the 
relief.
    Third, there has been an increase in burden attributable to adding 
collection requirements into this collection that are related to this 
collection, such as compliance with requirements for requesting 
confidential treatment of letters that may be granted under section 
140.98 of the Commission's regulations, but could be effected through 
separate collections. It was determined not to establish separate 
collections for the related matters in order to streamline the 
analysis, compliance, and renewal processes for the Commission and all 
entities that may submit requests for exemptive, no-action, and 
interpretive letters that include burden associated with the related 
matters.
    Therefore, in order to establish estimates with respect to no-
action and exemptive letters that may be issued during the 3-year 
renewal period for which the Commission is applying, a sampling was 
taken of exemptive and no-action letters over a six month period from 
December 4, 2012, through June 4, 2013. This time period was chosen 
because it is believed that it reasonably represents the shift in the 
manner in which these letters are sought and issued since the last 
renewal of this collection of information.
    During this period, encompassing no-action letters 12-40 through 
13-22, 58 no-action letters were issued. Thirty contained no 
collections of information, or collections that do not require an OMB 
control number, for example because they involved the submission of 
information by fewer than 10 persons,\2\ or they involved notice 
filings solely requiring a respondent to identify itself as relying on 
the relief, which notice is not considered to be an information 
collection under the PRA.\3\ Twenty-eight contained collections of 
information, a number of which require certification requirements that 
will permit monitoring for compliance with statutory or regulatory 
requirements not subject to the relief issued.\4\
---------------------------------------------------------------------------

    \2\ See, e.g., 44 U.S.C. 3502(3)(A)(1).
    \3\ See, e.g., 5 CFR 1320.3(h)(1).
    \4\ Id.
---------------------------------------------------------------------------

    Other contained substituted compliance obligations in the form of 
collections that were intended to be no more burdensome than the 
collection requirements provided for in the regulations, from which the 
no-action letters provided relief. Of the few letters that contained 
conditions allowing for substituted compliance that included a 
collection of information but relieved regulatory burden not associated 
with a collection of information, the increased collection burden was 
offset by the overall decrease in collection burden resulting from 
other letters issued pursuant to section 140.99. Nonetheless, to ensure 
flexibility over the next three years, burden hours were estimated to 
cover circumstances in which a collection contained in a no-action or 
exemptive letter may add to, rather than offset or decrease, regulatory 
burdens containing collections of information.
    Finally, although there has been an increase in requests for no-
action relief and interpretive letters, Commission staff does not 
anticipate that this increase will be permanent. Thus, burden estimates 
have been bifurcated. Burden hours have been estimated at an increased 
level for the first year following the renewal of this collection, and 
then pared for the second and third years, so as not to artificially 
inflate the Commission's burden budget, or the burden budget that is 
maintained government-wide by OMB.
    Past experience was used to estimate the number of no-action, 
interpretive, and exemptive letters that may be received over the 
three-years for which this renewal is being sought. The number of 
letters received over the past five years are as follows:

------------------------------------------------------------------------
                                                 No-     Inter-   Exemp-
                Letters Issued                  action  pretive    tive
------------------------------------------------------------------------
2013.........................................       64        0        0
2012.........................................       70        1       11
2011.........................................        8        0        1
2010.........................................        9       23        4
2009.........................................       11       35        3
------------------------------------------------------------------------

    Burden Estimates. For the proposed renewal period, the respondent 
burden calculated with consideration to past experience is estimated to 
be 28,478 hours. These estimates include 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 filing as provided in section 
140.99(d), providing notice of material change in

[[Page 79410]]

circumstances that may affect any relief granted pursuant to section 
140.99(e), and complying with notice and other conditions that may be 
contained in grant of exemptive or no-action relief issued by staff; 
and preparing and submitting withdrawals of requests for exemptive, no-
action, and interpretative letters pursuant to section 140.99(f). The 
estimates also include burden hours for preparing a confidential 
treatment request pursuant to and responding to any process contained 
in associated section 140.98(b) of the Commission's regulations, and 
complying with the documentation requirements contained in section 
41.3(b), related to exemption requests from certain intermediaries.
    Respondents/Affected Entities: Registered entities, intermediaries, 
eligible contract participants, parties clarifying their status as such 
or seeking relief from registration or discrete regulatory burdens 
associated with their status.
    Estimated number of respondents: 12,428.
    Estimated total annual burden on respondents: 28,478 hours.
    Frequency of collection: Occasionally.
    The Commission estimates the burden of this collection of 
information as follows:

----------------------------------------------------------------------------------------------------------------
                                     Estimated      Reports or                       Estimated
                                      annual          records      Total annual   average number     Estimated
                                  respondents or  annually--each     responses     of hours per    annual burden
                                   recordkeepers    respondent                       response          hours
----------------------------------------------------------------------------------------------------------------
REPORTING--RENEWAL YEAR ONE:
    Sec.   140.99(c)--                        40               1              40            9.00             360
     information requirements
     for letters................
    Sec.   140.99(d)--filing                  40               1              40            0.38              15
     requirements...............
    Sec.   140.99(e)--staff
     response:
        change of facts and                    7               1               7            2.25              16
         circumstances..........
        notice and other                   4,500               1           4,500            1.50           6,750
         conditions.............
    Sec.   140.99(f)--withdrawal               6               1               6            0.75               5
     of requests................
    Sec.   140.98(b)--                         5               1               5            1.80               9
     confidential treatment
     requests...................
    Sec.   41.3(b)--securities                10               1              10            3.75              38
     brokers and dealers
     requesting exemptive
     orders; documentation
     requirement................
REPORTING--YEARS TWO AND THREE:
    Sec.   140.99(c)--                        25               1              25            9.00             225
     information requirements
     for letters................
    Sec.   140.99(d)--filing                  25               1              25            0.38               9
     requirements...............
    Sec.   140.99(e)--staff
     response:
        change of facts and                    4               1               4            2.25               9
         circumstances..........
        notice and other                   1,500               1           1,500            1.50           2,250
         conditions.............
    Sec.   140.99(f)--withdrawal               3                               0                               0
     of requests................
    Sec.   140.98(b)--                         3               1               3            1.80               5
     confidential treatment
     requests...................
    Sec.   41.3(b)--securities                10               1              10            3.75              38
     brokers and dealers
     requesting exemptive
     orders; documentation
     requirement................
                                 -------------------------------------------------------------------------------
            SUBTOTAL REPORTING..           6,178              13           6,175              38           9,728
RECORDKEEPING--RENEWAL YEAR ONE:
    Sec.   140.99(e)--staff
     response:
        notice and other                   4,500               4          18,000            0.75          13,500
         conditions.............
RECORDKEEPING--RENEWAL YEARS TWO
 AND THREE:
    Sec.   140.99(e)--staff
     response:
        notice and other                   1,750               4           7,000            0.75           5,250
         conditions.............
                                 -------------------------------------------------------------------------------
            SUBTOTAL                       6,250               8          25,000               2          18,750
             RECORDKEEPING......
                                 -------------------------------------------------------------------------------
            GRAND TOTAL.........          12,428              21          31,175              40          28,478
----------------------------------------------------------------------------------------------------------------

    There are no capital costs or operating and maintenance costs 
associated with this collection.
    This estimate is based on the number of requests for such letters 
in the last three years. Although the burden varies with the type, 
size, and complexity of the request submitted, such request may involve 
analytical work and analysis, as well as the work of drafting the 
request itself.
    Comment Solicitation: With respect to this 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 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.

    Dated: December 23, 2013.
Christopher J. Kirkpatrick,
Deputy Secretary of the Commission.
[FR Doc. 2013-31106 Filed 12-27-13; 8:45 am]
BILLING CODE 6351-01-P