Agency Information Collection Activities: Notice of Intent To Revise Collection 3038-0005, Adoption of Revised Notice of Exemption Under Regulation 4.13(b)(1), 47359-47361 [2020-17046]
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Federal Register / Vol. 85, No. 151 / Wednesday, August 5, 2020 / Notices
Base for all three DARRP component
organizations. The Direct Labor Cost
Base is computed by allocating total
indirect cost over the sum of direct labor
dollars, plus the application of NOAA’s
leave surcharge and benefits rates to
direct labor. Direct labor costs for
contractors from ERT, Inc. (ERT),
Freestone Environmental Services, Inc.
(Freestone), and Genwest Systems, Inc.
(Genwest) were included in the direct
labor base because Cotton determined
that these costs have the same
relationship to the indirect cost pool as
NOAA direct labor costs. ERT,
Freestone, and Genwest provided onsite support to the DARRP in the areas
of injury assessment, natural resource
economics, restoration planning and
implementation, and policy analysis.
Subsequent federal notices have been
published in the Federal Register as
follows:
• FY 2002, published on October 6,
2003 (68 FR 57672)
• FY 2003, published on May 20, 2005
(70 FR 29280)
• FY 2004, published on March 16,
2006 (71 Fed Reg. 13356)
• FY 2005, published on February 9,
2007 (72 FR 6221)
• FY 2006, published on June 3, 2008
(73 FR 31679)
• FY 2007 and FY 2008, published on
November 16, 2009 (74 FR 58948)
• FY 2009 and FY 2010, published on
October 20, 2011 (76 FR 65182)
• FY 2011, published on September 17,
2012 (77 FR 57074)
• FY 2012, published on August 29,
2013 (78 FR 53425)
• FY 2013, published on October 14,
2014 (79 FR 61617)
• FY 2014, published on December 17,
2015 (80 FR 78718)
• FY 2015, published on August 22,
2016 (81 FR 56580)
Empirical Concepts developed the
DARRP indirect rates for FY 2016 and
2017. Empirical reaffirmed that the
Direct Labor Cost Base is the most
appropriate indirect allocation method
for the development of the FY 2016 and
2017 indirect cost rates. The federal
notice for these rates can be found at the
following:
• FY 2016 and FY 2017, published on
October 16, 2019 (84 FR 55283)
Empirical Concepts developed the
DARRP indirect rates for FY 18 and
reaffirmed the Direct Labor Cost Base as
the most appropriate indirect allocation
for the development of the FY 2018
indirect cost rates.
The DARRP’s Indirect Cost Rates and
Policies
The DARRP will apply the indirect
cost rates for FY 2018 as recommended
VerDate Sep<11>2014
16:55 Aug 04, 2020
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by Empirical for each of the DARRP
component organizations as provided in
the following table:
47359
concerning each proposed collection of
information and to allow 60 days for
public comment. The Commission
revised its regulation requiring the filing
FY 2018
of a notice of exemption by persons
DARRP
indirect rate
seeking to claim relief from registration
component organization
(%)
as a commodity pool operator (CPO).
This Federal Register notice solicits
Office of Response and Restoration (ORR) ...................
148.84 comments on the PRA implications of
Restoration Center (RC) .......
71.94 the revision to that required notice of
General Counsel Natural Reexemption, including comments
sources Section (GCNRS)
79.21 addressing adjustments in burden to the
relevant information collection
The FY 2018 rates will be applied to
requirement of the revised exemption
all damage assessment and restoration
notice.
case costs incurred between October 1,
DATES: Comments must be submitted on
2017 and September 30, 2018 effective
October 1, 2020. DARRP will use the FY or before October 5, 2020.
ADDRESSES: You may submit comments,
2018 indirect cost rates for future fiscal
identified by ‘‘OMB control number
years, beginning with FY 2019, until
3038–0005; Adoption of Revised Notice
subsequent year-specific rates can be
of Exemption under 17 CFR 4.13(b)(1),’’
developed.
For cases that have settled and for
by any of the following methods:
• CFTC Comments Portal: https://
cost claims paid prior to the effective
comments.cftc.gov. Select the ‘‘Submit
date of the fiscal year in question, the
Comments’’ link for this notice and
DARRP will not re-open any resolved
follow the instructions on the Public
matters for the purpose of applying the
Comment Form.
revised rates in this policy for these
• Mail: Send to Christopher
fiscal years. For cases not settled and
Kirkpatrick, Secretary of the
cost claims not paid prior to the
Commission, Commodity Futures
effective date of the fiscal year in
Trading Commission, Three Lafayette
question, costs will be recalculated
using the revised rates in this policy for Centre, 1155 21st Street NW,
Washington, DC 20581.
these fiscal years. Where a responsible
• Hand Delivery/Courier: Follow the
party has agreed to pay costs using
same instructions as for Mail, above.
previous year’s indirect rates, but has
Please submit your comments using
not yet made the payment because the
only one of these methods. Submissions
settlement documents are not finalized,
through the CFTC Comments Portal are
the costs will not be recalculated.
encouraged.
Scott Lundgren,
All comments must be submitted in
Director, Office of Response and Restoration,
English or, if not, be accompanied by an
National Ocean Service, National Oceanic
English translation. Comments will be
and Atmospheric Administration.
posted as received to https://
[FR Doc. 2020–17100 Filed 8–4–20; 8:45 am]
comments.cftc.gov. You should submit
BILLING CODE 3510–JE–P
only information that you wish to make
available publicly. If you wish the
Commission to consider information
COMMODITY FUTURES TRADING
that you believe is exempt from
COMMISSION
disclosure under the Freedom of
Information Act (FOIA), a petition for
Agency Information Collection
confidential treatment of the exempt
Activities: Notice of Intent To Revise
information may be submitted according
Collection 3038–0005, Adoption of
to the procedures established in
Revised Notice of Exemption Under
Commission regulation 145.9.1
Regulation 4.13(b)(1)
The Commission reserves the right,
but shall have no obligation, to review,
AGENCY: Commodity Futures Trading
pre-screen, filter, redact, refuse, or
Commission.
remove any or all of your submission
ACTION: Notice.
from https://comments.cftc.gov that it
SUMMARY: The Commodity Futures
may deem to be inappropriate for
Trading Commission (CFTC or
publication, such as obscene language.
Commission) is announcing an
All submissions that have been redacted
opportunity for public comment on the
or removed that contain comments on
recent revision to the collection of
the merits of the information collection
certain information by the Commission. request will be retained in the public
Under the Paperwork Reduction Act
comment file and will be considered as
(PRA), Federal agencies are required to
1 17 CFR 145.9.
publish notice in the Federal Register
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47360
Federal Register / Vol. 85, No. 151 / Wednesday, August 5, 2020 / Notices
required under the Administrative
Procedure Act and other applicable
laws, and may be accessible under the
FOIA.
FOR FURTHER INFORMATION CONTACT:
Joshua Sterling, Director, (202) 418–
6700, jsterling@cftc.gov; Amanda Olear,
Deputy Director, (202) 418–5283,
aolear@cftc.gov; or Elizabeth Groover,
Special Counsel, (202) 418–5985,
egroover@cftc.gov, Division of Swap
Dealer and Intermediary Oversight,
Commodity Futures Trading
Commission, 1155 21st Street NW,
Washington, DC 20581.
SUPPLEMENTARY INFORMATION: Under the
PRA, Federal agencies must obtain
approval from the Office of Management
and Budget (OMB) for each collection of
information they conduct or sponsor.
‘‘Collection of Information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR 1320.3
and includes agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. 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
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. The
Commission believes that its revision of
the notice of exemption required by
Regulation 4.13(b)(1), as discussed
further below, results in a collection of
information within the meaning of the
PRA. As such, the Commission is
publishing for notice and comment the
following revisions to the information
collection associated with that notice.
Title: Rules Relating to the Operations
and Activities of Commodity Pool
Operators and Commodity Trading
Advisors and to Monthly Reporting by
Futures Commission Merchants (OMB
control number 3038–0005). This is a
request for extension and revision of
this currently approved information
collection.
Abstract: The Commission recently
revised the notice of exemption required
by Regulation 4.13(b)(1) of any person
who desires to claim the relief from CPO
registration.2 The various collections of
information required by part 4 of the
Commission’s regulations, including the
notice required by Regulation 4.13(b)(1),
were previously approved by OMB in
accordance with the PRA and assigned
OMB control number 3038–0005. The
2 17
CFR 4.13(b)(1).
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Commission offers the following
summary of the revision to the notice
and the resulting estimated impact on
existing burden hour estimates
associated with this information
collection.
Revision to the Notice of Exemption
On June 4, 2020, the Commission
adopted an amendment to Regulation
4.13(b)(1) that added a representation to
the notice already required to be
electronically filed with the
Commission by persons claiming an
exemption from CPO registration
thereunder.3 With that amendment, the
Commission is requiring persons filing
a notice of exemption thereunder to also
represent that neither the person nor
any of its principals has in its
background a statutory disqualification
listed in section 8a(2) of the Commodity
Exchange Act (CEA or Act) that would
require disclosure, if the person sought
registration. Subject to one limited
exception, the amended regulation
provides that a person who has, or
whose principals have, in their
backgrounds a statutory disqualification
under CEA section 8a(2) will generally
be prohibited from claiming an
exemption from CPO registration under
Regulation 4.13. The Commission
intended this amendment to eliminate
the inconsistent treatment of exempt
CPOs as compared to registered CPOs
(and the principals thereof), whereby
certain persons could avoid the CEA’s
basic conduct requirements established
for all persons registering as
intermediaries with the Commission by
claiming an exemption from CPO
registration instead. Ultimately, the
Commission’s stated purpose in
adopting this amendment was to
improve the customer protection and
general investor confidence experienced
by exempt pool participants.
The Commission noted in the
Statutory Disqualifications Final Rule
that the amendment in its proposed
form had not implicated an additional
or existing collection of information,
and thus, the proposed regulation was
not considered in the PRA context.4
Because the Statutory Disqualifications
Final Rule resulted in a representation
being added to the existing notice filing
in Regulation 4.13(b), the Commission
determined that this amendment
3 Amendments to Registration and Compliance
Requirements for Commodity Pool Operators and
Commodity Trading Advisors: Prohibiting
Exemptions under Regulation 4.13 on Behalf of
Persons Subject to Certain Statutory
Disqualifications, 85 FR 40877 (July 8, 2020)
(Statutory Disqualifications Final Rule).
4 Statutory Disqualifications Final Rule, 85 FR
40887.
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constitutes the modification of an
existing information collection; as such,
its PRA implications are being
considered in this separately published
notice.
By adding this representation to the
notice of exemption, the Commission
recognizes that the existing information
collection burden for that notice,
currently 0.1 hours, is expected to
increase. The Commission estimates
that the representation would add a
total of 0.2 burden hours to the
information collection burdens
currently estimated for the notice of
exemption under Regulation 4.13(b)(1),
for an aggregate total of 0.3 burden
hours. Additionally, the Commission
estimates that currently, approximately
8,600 respondents would claim an
exemption via the Regulation 4.13(b)(1)
notice filing.
Invitation to Comment
Regarding the information collection
discussed above, the CFTC invites
comments on:
• Whether the proposed revision to
the 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
revision to the 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
further use of appropriate automated
electronic, mechanical, or other
technological collection techniques or
other forms of information technology;
e.g., permitting electronic submission of
responses.
Burden Statement: As explained
above, the Commission believes that the
addition of a representation to the
notice of exemption required by
Regulation 4.13(b)(1) increases the
information collection burden
associated with that notice under OMB
control numbers 3038–0005.
OMB Control Number 3038–0005:
The Commission estimates that as a
result of revising the notice of
exemption under Regulation 4.13(b)(1),
the burden of the collection of
information under OMB control number
3038–0005 5 would be as follows:
5 OMB control number 3038–0005 currently
covers two separate Information Collections (‘‘IC’’):
(1) Part 4 Commodity Pool Operators and
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Federal Register / Vol. 85, No. 151 / Wednesday, August 5, 2020 / Notices
Respondents/affected entities: (1) All
persons filing a notice of exemption as
required by Regulation 4.13(b)(1) for the
purpose of claiming relief from CPO
registration, and (2) all principals of
such persons.
Estimated number of respondents:
8,600.
Estimated number of exempt pools/
reports per respondent: 3.
Estimated total annual burden on
respondents: 8,600 hours.6
Frequency of collection: Annually.
There are no capital costs or operating
and maintenance costs associated with
this collection.
Notice of Orders Issued Under Section
3 of the Natural Gas Act During June
2020
FE Docket Nos.
EQUINOR NATURAL GAS LLC ..
ENERGY SOURCE NATURAL
GAS INC.
NEW BRUNSWICK ENERGY
MARKETING CORP.
ETC MARKETING, LTD ...............
´ N DE ENERGI´A
PRODUCCIO
MEXICANA, S. DE R.L. DE C.V.
J. ARON & COMPANY LLC .........
Authority: 44 U.S.C. 3501 et seq.
Dated: July 31, 2020.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2020–17046 Filed 8–4–20; 8:45 am]
BILLING CODE 6351–01–P
20–53–NG
20–55–NG
20–28–LNG
20–54–LNG
20–52–LNG
20–56–NG
20–51–NG
20–57–NG
20–61–NG; 18–
110–NG
20–65–NG
20–58–NG
20–60–NG
20–63–NG
20–62–NG
20–64–NG; 18–
77–NG
Office of Fossil Energy,
Department of Energy.
AGENCY:
ACTION:
The Office of Fossil Energy
(FE) of the Department of Energy gives
notice that during June 2020, it issued
orders granting authority to import and
export natural gas, to import and export
liquefied natural gas (LNG), and
vacating prior authorization. These
orders are summarized in the attached
appendix and may be found on the FE
website at https://www.energy.gov/fe/
listing-doefe-authorizationsordersissued-2020. They are also available for
inspection and copying in the U.S.
Department of Energy (FE–34), Division
of Natural Gas Regulation, Office of
Regulation, Analysis, and Engagement,
Office of Fossil Energy, Docket Room
3E–033, Forrestal Building, 1000
Independence Avenue SW, Washington,
DC 20585, (202) 586–9387. The Docket
Room is open between the hours of 8:00
a.m. and 4:30 p.m., Monday through
Friday, except Federal holidays.
SUMMARY:
DEPARTMENT OF ENERGY
FUEL MARKET LP .......................
BP CANADA ENERGY MARKETING CORP.
SABINE PASS LIQUEFACTION,
LLC.
CHEVRON U.S.A. INC .................
SEMPRA MARKETING LNG, LLC
ARM ENERGY MANAGEMENT
LLC.
SOUTHWEST ENERGY, L.P .......
JUPITER RESOURCES INC .......
TRAFIGURA TRADING LLC ........
47361
Signed in Washington, DC, on July 31,
2020.
Amy Sweeney,
Director, Office of Regulation, Analysis, and
Engagement, Office of Oil and Natural Gas.
APPENDIX
Notice of orders.
jbell on DSKJLSW7X2PROD with NOTICES
DOE/FE ORDERS GRANTING IMPORT/EXPORT AUTHORIZATIONS
4543 ...................
06/05/20
20–53–NG
Fuel Market LP .....................
4544 ...................
06/05/20
20–55–NG
4545 ...................
06/04/20
20–28–LNG
BP Canada Energy Marketing Corp.
Sabine Pass Liquefaction,
LLC.
4546 ...................
06/05/20
20–54–LNG
Chevron U.S.A. Inc ...............
4547 ...................
06/05/20
20–52–LNG
Sempra LNG Marketing, LLC
4548 ...................
06/16/20
20–56–NG
4549 ...................
06/16/20
20–51–NG
ARM Energy Management
LLC.
Southwest Energy, L.P .........
4550 ...................
06/16/20
20–57–NG
Jupiter Resources Inc ...........
4551; 4238–A ....
06/16/20
20–61–NG;
18–110–NG
Trafigura Trading LLC ...........
4552 ...................
06/16/20
20–65–NG
Equinor Natural Gas LLC .....
4553 ...................
06/22/20
20–58–NG
4554 ...................
06/22/20
20–60–NG
4555 ...................
06/22/20
20–63–NG
Energy Source Natural Gas,
Inc.
New Brunswick Energy Marketing Corporation.
ETC Marketing, Ltd ...............
Commodity Trading Advisors IC, and (2)
Commodity Pool Operator Annual Report IC. The
estimates in this notice reflect changes specifically
made by the Statutory Disqualifications Final Rule
to the Part 4 Commodity Pool Operators and
Commodity Trading Advisors IC, for which the
current active information collection estimates of
43,397 respondents and 354,333 burden hours were
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Order 4543 granting blanket authority to export natural gas
to Mexico, and to export LNG to Mexico by truck.
Order 4544 granting blanket authority to import/export natural gas from/to Canada.
Order 4545 granting blanket authority to export previously
imported LNG by vessel to Free Trade Agreement Nations and Non-Free Trade Agreement Nations.
Order 4546 granting blanket authority to import LNG from
various international sources by vessel.
Order 4547 granting blanket authority to import LNG from
various international sources by vessel.
Order 4548 granting blanket authority to export natural gas
to Canada/Mexico.
Order 4549 granting blanket authority to import/export natural gas from/to Canada/Mexico.
Order 4550 granting blanket authority to import natural gas
from Canada.
Order 4551 granting blanket authority to import/export natural gas from/to Canada/Mexico, and vacating prior authority (Order 4238).
Order 4552 granting blanket authority to import/export natural gas from/to Canada/Mexico, and to import LNG
from various international sources by vessel.
Order 4553 granting blanket authority to import/export natural gas from/to Canada.
Order 4554 granting blanket authority to import/export natural gas from/to Canada.
Order 4555 granting blanket authority to import/export natural gas from/to Mexico.
approved by OMB on March 6, 2020 (ICR Reference
No. 201912–3038–001). The aggregate burden for
OMB control number 3038–0005 may be further
impacted by a separate rulemaking, Amendments to
Compliance Requirements for Commodity Pool
Operators on Form CPO–PQR, published in the
Federal Register, 85 FR 26378 (May 4, 2020).
Neither the Statutory Disqualification Final Rule
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Fmt 4703
Sfmt 4703
nor the Form CPO–PQR rulemaking impact the
estimates of the Commodity Pool Operator Annual
Report IC, which remain the same.
6 The burden hour per response is 0.3 burden
hour for an aggregate total of 0.9 burden hour for
all three responses per respondent. This estimate
has been rounded up to 1 burden hour for all three
responses per respondent.
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]]>Agencies
[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Notices]
[Pages 47359-47361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17046]
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COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities: Notice of Intent To
Revise Collection 3038-0005, Adoption of Revised Notice of Exemption
Under Regulation 4.13(b)(1)
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commodity Futures Trading Commission (CFTC or Commission)
is announcing an opportunity for public comment on the recent revision
to the collection of certain information by the Commission. Under the
Paperwork Reduction Act (PRA), Federal agencies are required to publish
notice in the Federal Register concerning each proposed collection of
information and to allow 60 days for public comment. The Commission
revised its regulation requiring the filing of a notice of exemption by
persons seeking to claim relief from registration as a commodity pool
operator (CPO). This Federal Register notice solicits comments on the
PRA implications of the revision to that required notice of exemption,
including comments addressing adjustments in burden to the relevant
information collection requirement of the revised exemption notice.
DATES: Comments must be submitted on or before October 5, 2020.
ADDRESSES: You may submit comments, identified by ``OMB control number
3038-0005; Adoption of Revised Notice of Exemption under 17 CFR
4.13(b)(1),'' by any of the following methods:
CFTC Comments Portal: https://comments.cftc.gov. Select
the ``Submit Comments'' link for this notice and follow the
instructions on the Public Comment Form.
Mail: Send to Christopher Kirkpatrick, Secretary of the
Commission, Commodity Futures Trading Commission, Three Lafayette
Centre, 1155 21st Street NW, Washington, DC 20581.
Hand Delivery/Courier: Follow the same instructions as for
Mail, above. Please submit your comments using only one of these
methods. Submissions through the CFTC Comments Portal are encouraged.
All comments must be submitted in English or, if not, be
accompanied by an English translation. Comments will be posted as
received to https://comments.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 (FOIA), a petition for
confidential treatment of the exempt information may be submitted
according to the procedures established in Commission regulation
145.9.\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 https://comments.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 request will be retained in
the public comment file and will be considered as
[[Page 47360]]
required under the Administrative Procedure Act and other applicable
---------------------------------------------------------------------------
laws, and may be accessible under the FOIA.
FOR FURTHER INFORMATION CONTACT: Joshua Sterling, Director, (202) 418-
6700, [email protected]; Amanda Olear, Deputy Director, (202) 418-
5283, [email protected]; or Elizabeth Groover, Special Counsel, (202)
418-5985, [email protected], Division of Swap Dealer and Intermediary
Oversight, Commodity Futures Trading Commission, 1155 21st Street NW,
Washington, DC 20581.
SUPPLEMENTARY INFORMATION: Under the PRA, Federal agencies must obtain
approval from the Office of Management and Budget (OMB) for each
collection of information they conduct or sponsor. ``Collection of
Information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3 and
includes agency requests or requirements that members of the public
submit reports, keep records, or provide information to a third party.
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 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. The
Commission believes that its revision of the notice of exemption
required by Regulation 4.13(b)(1), as discussed further below, results
in a collection of information within the meaning of the PRA. As such,
the Commission is publishing for notice and comment the following
revisions to the information collection associated with that notice.
Title: Rules Relating to the Operations and Activities of Commodity
Pool Operators and Commodity Trading Advisors and to Monthly Reporting
by Futures Commission Merchants (OMB control number 3038-0005). This is
a request for extension and revision of this currently approved
information collection.
Abstract: The Commission recently revised the notice of exemption
required by Regulation 4.13(b)(1) of any person who desires to claim
the relief from CPO registration.\2\ The various collections of
information required by part 4 of the Commission's regulations,
including the notice required by Regulation 4.13(b)(1), were previously
approved by OMB in accordance with the PRA and assigned OMB control
number 3038-0005. The Commission offers the following summary of the
revision to the notice and the resulting estimated impact on existing
burden hour estimates associated with this information collection.
---------------------------------------------------------------------------
\2\ 17 CFR 4.13(b)(1).
---------------------------------------------------------------------------
Revision to the Notice of Exemption
On June 4, 2020, the Commission adopted an amendment to Regulation
4.13(b)(1) that added a representation to the notice already required
to be electronically filed with the Commission by persons claiming an
exemption from CPO registration thereunder.\3\ With that amendment, the
Commission is requiring persons filing a notice of exemption thereunder
to also represent that neither the person nor any of its principals has
in its background a statutory disqualification listed in section 8a(2)
of the Commodity Exchange Act (CEA or Act) that would require
disclosure, if the person sought registration. Subject to one limited
exception, the amended regulation provides that a person who has, or
whose principals have, in their backgrounds a statutory
disqualification under CEA section 8a(2) will generally be prohibited
from claiming an exemption from CPO registration under Regulation 4.13.
The Commission intended this amendment to eliminate the inconsistent
treatment of exempt CPOs as compared to registered CPOs (and the
principals thereof), whereby certain persons could avoid the CEA's
basic conduct requirements established for all persons registering as
intermediaries with the Commission by claiming an exemption from CPO
registration instead. Ultimately, the Commission's stated purpose in
adopting this amendment was to improve the customer protection and
general investor confidence experienced by exempt pool participants.
---------------------------------------------------------------------------
\3\ Amendments to Registration and Compliance Requirements for
Commodity Pool Operators and Commodity Trading Advisors: Prohibiting
Exemptions under Regulation 4.13 on Behalf of Persons Subject to
Certain Statutory Disqualifications, 85 FR 40877 (July 8, 2020)
(Statutory Disqualifications Final Rule).
---------------------------------------------------------------------------
The Commission noted in the Statutory Disqualifications Final Rule
that the amendment in its proposed form had not implicated an
additional or existing collection of information, and thus, the
proposed regulation was not considered in the PRA context.\4\ Because
the Statutory Disqualifications Final Rule resulted in a representation
being added to the existing notice filing in Regulation 4.13(b), the
Commission determined that this amendment constitutes the modification
of an existing information collection; as such, its PRA implications
are being considered in this separately published notice.
---------------------------------------------------------------------------
\4\ Statutory Disqualifications Final Rule, 85 FR 40887.
---------------------------------------------------------------------------
By adding this representation to the notice of exemption, the
Commission recognizes that the existing information collection burden
for that notice, currently 0.1 hours, is expected to increase. The
Commission estimates that the representation would add a total of 0.2
burden hours to the information collection burdens currently estimated
for the notice of exemption under Regulation 4.13(b)(1), for an
aggregate total of 0.3 burden hours. Additionally, the Commission
estimates that currently, approximately 8,600 respondents would claim
an exemption via the Regulation 4.13(b)(1) notice filing.
Invitation to Comment
Regarding the information collection discussed above, the CFTC
invites comments on:
Whether the proposed revision to the 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 revision to the 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 further use of
appropriate automated electronic, mechanical, or other technological
collection techniques or other forms of information technology; e.g.,
permitting electronic submission of responses.
Burden Statement: As explained above, the Commission believes that
the addition of a representation to the notice of exemption required by
Regulation 4.13(b)(1) increases the information collection burden
associated with that notice under OMB control numbers 3038-0005.
OMB Control Number 3038-0005:
The Commission estimates that as a result of revising the notice of
exemption under Regulation 4.13(b)(1), the burden of the collection of
information under OMB control number 3038-0005 \5\ would be as follows:
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\5\ OMB control number 3038-0005 currently covers two separate
Information Collections (``IC''): (1) Part 4 Commodity Pool
Operators and Commodity Trading Advisors IC, and (2) Commodity Pool
Operator Annual Report IC. The estimates in this notice reflect
changes specifically made by the Statutory Disqualifications Final
Rule to the Part 4 Commodity Pool Operators and Commodity Trading
Advisors IC, for which the current active information collection
estimates of 43,397 respondents and 354,333 burden hours were
approved by OMB on March 6, 2020 (ICR Reference No. 201912-3038-
001). The aggregate burden for OMB control number 3038-0005 may be
further impacted by a separate rulemaking, Amendments to Compliance
Requirements for Commodity Pool Operators on Form CPO-PQR, published
in the Federal Register, 85 FR 26378 (May 4, 2020). Neither the
Statutory Disqualification Final Rule nor the Form CPO-PQR
rulemaking impact the estimates of the Commodity Pool Operator
Annual Report IC, which remain the same.
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Respondents/affected entities: (1) All persons filing a notice of
exemption as required by Regulation 4.13(b)(1) for the purpose of
claiming relief from CPO registration, and (2) all principals of such
persons.
Estimated number of respondents: 8,600.
Estimated number of exempt pools/reports per respondent: 3.
Estimated total annual burden on respondents: 8,600 hours.\6\
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\6\ The burden hour per response is 0.3 burden hour for an
aggregate total of 0.9 burden hour for all three responses per
respondent. This estimate has been rounded up to 1 burden hour for
all three responses per respondent.
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Frequency of collection: Annually.
There are no capital costs or operating and maintenance costs
associated with this collection.
Authority: 44 U.S.C. 3501 et seq.
Dated: July 31, 2020.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2020-17046 Filed 8-4-20; 8:45 am]
BILLING CODE 6351-01-P
