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]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES 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 Jkt 250001 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 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\05AUN1.SGM 05AUN1 jbell on DSKJLSW7X2PROD with NOTICES 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). VerDate Sep<11>2014 16:55 Aug 04, 2020 Jkt 250001 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. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 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 E:\FR\FM\05AUN1.SGM 05AUN1 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 VerDate Sep<11>2014 16:55 Aug 04, 2020 Jkt 250001 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 PO 00000 Frm 00024 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. E:\FR\FM\05AUN1.SGM 05AUN1

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.

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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\
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    \1\ 17 CFR 145.9.
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    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 
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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.
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    \2\ 17 CFR 4.13(b)(1).
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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).
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    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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[[Page 47361]]

    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