Agency Information Collection Activities: Notice of Intent To Revise Collection, Comment Request: Adoption of Revised Notice of Exemption, 66539-66541 [2020-23168]

Download as PDF Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Notices DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Billfish Tagging Report The Department of Commerce will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. Public comments were previously requested via the Federal Register on June 24, 2020 during a 60-day comment period. This notice allows for an additional 30 days for public comments. Agency: National Oceanic & Atmospheric Administration (NOAA), Commerce. Title: Billfish Tagging Report. OMB Control Number: 0648–0009. Form Number(s): NOAA 88–162. Type of Request: Regular submission [extension of a current information collection]. Number of Respondents: 1,000. Average Hours per Response: 5 minutes. Total Annual Burden Hours: 83. Needs and Uses: The National Oceanic and Atmospheric Administration’s Southwest Fisheries Science Center (SWFSC) operates a conventional mark-recapture billfish tagging program. The SWFSC provides tagging supplies to individuals electing to tag and release the billfish they catch (the program is advertised by a newsletter and by word of mouth). Each Billfish Tagging Report Card is issued with an individual billfish tag and is imprinted with the number matching the accompanying tag. The Billfish Tagging Report Card is the primary mechanism by which these cooperating anglers and commercial fishers return the tag and release information concerning the billfish they have tagged. Individuals cooperating in the program do so on a strictly voluntary basis. Tagging supplies are provided to volunteer anglers. When anglers catch and release a tagged fish, they submit a brief report on the fish and the location of the tagging. The program is VerDate Sep<11>2014 18:08 Oct 19, 2020 Jkt 253001 conducted throughout the year to determine billfish habitat, mortality rates, migration patterns, feeding habits, and growth rates. Fishery biologists investigating the health of billfish resources throughout the Pacific utilize data from this program. Results aid in ongoing research concerning billfish resources and are published annually in the Billfish newsletter. Affected Public: Individuals or households. Frequency: On occasion. Respondent’s Obligation: Voluntary. Legal Authority: This program is authorized under 16 U.S.C. 760(e), Study of migratory game fish; waters; research; purpose. This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view the Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/ public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function and entering either the title of the collection or the OMB Control Number 0648–0009. Sheleen Dumas, Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2020–23206 Filed 10–19–20; 8:45 am] BILLING CODE 3510–22–P COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities: Notice of Intent To Revise Collection, Comment Request: Adoption of Revised Notice of Exemption Commodity Futures Trading Commission. ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Request (ICR) abstracted below has been forward to the Office of Information and Regulatory Affairs (OIRA), of the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected costs and burdens. SUMMARY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 66539 Comments must be submitted on or before November 18, 2020. ADDRESSES: Written comments and recommendations for the proposed information collection should be submitted within 30 days of this notice’s publication to OIRA, at https:// www.reginfo.gov/public/do/PRAMain. Please find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the website’s search function. Comments can be entered electronically by clicking on the ‘‘comment’’ button next to the information collection on the ‘‘OIRA Information Collections Under Review’’ page, or the ‘‘View ICR—Agency Submission’’ page. A copy of the supporting statement for the collection of information discussed herein may be obtained by visiting https:// www.reginfo.gov/public/do/PRAMain. In addition to the submission of comments to https://Reginfo.gov as indicated above, a copy of all comments submitted to OIRA may also be submitted to the Commodity Futures Trading Commission (the ‘‘Commission’’ or ‘‘CFTC’’) by clicking on the ‘‘Submit Comment’’ box next to the descriptive entry for OMB Control No. 3038–0005, at https:// comments.cftc.gov/FederalRegister/ PublicInfo.aspx. Or by either of the following methods: • Mail: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581. • Hand Delivery/Courier: Same as Mail above. All comments must be submitted in English, or if not, accompanied by an English translation. Comments submitted to the Commission should include only information that you wish to make available publicly. If you wish the Commission to consider information that you believe is exempt from disclosure under the Freedom of Information Act, a petition for confidential treatment of the exempt information may be submitted according to the procedures established in § 145.9 of the Commission’s regulations.1 The Commission reserves the right, but shall have no obligation, to review, prescreen, filter, redact, refuse or remove any or all of your submission from https://www.cftc.gov that it may deem to be inappropriate for publication, such as obscene language. All submissions that have been redacted or removed that contain comments on the merits of the DATES: 1 17 E:\FR\FM\20OCN1.SGM CFR 145.9. 20OCN1 66540 Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Notices ICR will be retained in the public comment file and will be considered as required under the Administrative Procedure Act and other applicable laws, and may be accessible under the Freedom of Information Act. FOR FURTHER INFORMATION CONTACT: 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: Titles: 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: In 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), the Commission recently revised the notice of exemption required by Commission regulation 4.13(b)(1) of any person who desires to claim the relief from CPO registration.2 Separately, in Agency Information Activities: Notice of Intent to Revise Collection 3038–0005, Adoption of Revised Notice of Exemption Under Regulation 4.13(b)(1), 85 FR 47359 (Aug. 5, 2020) (60-Day Notice), the Commission addressed the PRA implications of revising the notice filing required by Commission regulation 4.13(b)(1).3 The various collections of information required by part 4 of the Commission’s regulations, including that notice filing, 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 2 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), amending 17 CFR 4.13(b)(1). 3 Agency Information Activities: Notice of Intent to Revise Collection 3038–0005, Adoption of Revised Notice of Exemption Under Regulation 4.13(b)(1), 85 FR 47359 (Aug. 5, 2020) (60-Day Notice). VerDate Sep<11>2014 18:08 Oct 19, 2020 Jkt 253001 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 revised Commission regulation 4.13(b)(1) by adding a representation to the notice already required to be electronically filed with the Commission by persons claiming an exemption from CPO registration thereunder.4 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 Commission 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.5 Because the Statutory Disqualifications Final Rule resulted in a representation being added to the existing notice filing in Commission regulation 4.13(b), the Commission determined that this amendment constitutes the modification of an existing information collection; as such, the PRA implications of the 4 Statutory Disqualifications Final Rule, 85 FR at 40890. 5 Statutory Disqualifications Final Rule, 85 FR at 40887. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 revised notice filing were considered separately in the 60-Day Notice.6 By adding this representation to the notice of exemption from CPO registration required by Commission regulation 4.13(b)(1), the Commission recognizes that the existing information collection burden for that notice, currently estimated at 0.1 hours, is expected to increase. The Commission estimates that this amendment would add a total of 0.2 burden hours to the information collection burdens currently estimated for the notice of exemption under Commission 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 notice filing in Commission regulation 4.13(b)(1). Comments In the 60-Day Notice, the Commission provided 60 days for public comment on the extension and revision of the currently approved information collection under OMB control number 3038–0005, including its estimates, restated above, regarding the impact of the revised notice filing on the burdens associated with Commission regulation 4.13(b)(1) and the number of expected respondents under that regulation. The Commission did not receive any comments that addressed any of its estimates or any other aspect of the information collection. Burden Statement: As explained above, the Commission believes that the addition of a representation to the notice of exemption required by Commission regulation 4.13(b)(1) will increase the information collection burden associated with that notice under OMB control number 3038–0005. • OMB control number 3038–0005: The Commission estimates that as a result of revising the notice of exemption under Commission regulation 4.13(b)(1), the burden of the collection of information under OMB control number 3038–0005 7 would be as follows: 6 60-Day Notice, 85 FR at 47360–61. 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 7 OMB E:\FR\FM\20OCN1.SGM 20OCN1 Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Notices Respondents/Affected Entities: (1) All persons filing a notice of exemption as required by Commission 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.8 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: October 15, 2020. Robert Sidman, Deputy Secretary of the Commission. [FR Doc. 2020–23168 Filed 10–19–20; 8:45 am] BILLING CODE 6351–01–P related positions, including on the merits, benefits, and risks of portfolio margining these types of positions, and on any regulatory, legal, and operational issues associated with portfolio margining them. The agenda for this meeting will be available to the public and posted on the CFTC’s website at https:// www.cftc.gov. Instructions for public access to the live feed of the meeting will also be posted on the CFTC’s website. In the event that the time, date, or place of this meeting changes, an announcement of the change, along with the new time, date, or place of the meeting, will be posted on the CFTC’s website. CONTACT PERSON FOR MORE INFORMATION: Christopher Kirkpatrick, Secretary of the Commodity Futures Trading Commission, 202–418–5964. Authority: 5 U.S.C. 552b. Dated: October 15, 2020. Christopher Kirkpatrick, Secretary of the Commission. COMMODITY FUTURES TRADING COMMISSION [FR Doc. 2020–23249 Filed 10–16–20; 11:15 am] Sunshine Act Meetings BILLING CODE 6351–01–P 10:00 a.m. EDT, Thursday, October 22, 2020. PLACE: Virtual meeting. STATUS: Open. MATTERS TO BE CONSIDERED: The Commodity Futures Trading Commission (CFTC) will hold this meeting jointly with the Securities and Exchange Commission to consider the following matters: • Joint Final Rule: Customer Margin Rules Relating to Security Futures—The Commissions will consider whether to adopt rule amendments to align the minimum margin required on security futures with other similar financial products. • Request for comment: Portfolio Margining of Uncleared Swaps and Non-Cleared Security-Based Swaps— The Commissions also will consider whether to issue a request for comment on the portfolio margining of uncleared swaps and non-cleared security-based swaps. The request for comment would solicit comment on all aspects of the portfolio margining of uncleared swaps, non-cleared security-based swaps, and TIME AND DATE: 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. 8 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. VerDate Sep<11>2014 18:08 Oct 19, 2020 Jkt 253001 DEPARTMENT OF DEFENSE Department of the Army Board of Visitors, United States Military Academy (USMA) Department of the Army, DoD. Notice of open Federal advisory committee virtual meeting. AGENCY: ACTION: The Department of the Army is publishing this notice to announce the Federal Advisory Committee Microsoft Office 365 Teams virtual meeting of the U.S. Military Academy Board of Visitors (Board). This meeting is open to the public. For additional information about the Board, please visit the committee’s website at https:// www.westpoint.edu/about/ superintendent/board-of-visitors. DATES: The United States Military Academy Board of Visitors will conduct a Microsoft Office 365 Teams virtual meeting from 10:00 a.m. to 12:00 p.m., December 1, 2020. ADDRESSES: Microsoft Office 365 Teams virtual meeting. The U.S. Military Academy Board of Visitors meeting will be a Microsoft Office 365 Teams virtual meeting. To participate in the meeting, see the Meeting Accessibility section for instructions. FOR FURTHER INFORMATION CONTACT: Mrs. Deadra K. Ghostlaw, the Designated Federal Officer (DFO) for the committee, in writing at: Secretary of the General SUMMARY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 66541 Staff, ATTN: Deadra K. Ghostlaw, 646 Swift Road, West Point, NY 10996; by email at: deadra.ghostlaw@ westpoint.edu or BoV@westpoint.edu; or by telephone at (845) 938–4200. SUPPLEMENTARY INFORMATION: The USMA BoV provides independent advice and recommendations to the President of the United States on matters related to morale, discipline, curriculum, instruction, physical equipment, fiscal affairs, academic methods, and any other matters relating to the Academy that the Board decides to consider. Purpose of the Meeting: This is the 2020 Annual Meeting of the USMA BoV. Members of the Board will be provided updates on Academy issues. Agenda: Board Business; Middle States Commission on Higher Education (MSCHE) Reaccreditation; COVID Operations; Strategy Update: Develop Leaders of Character; Cultivate a Culture of Character Growth; Build Diverse and Effective Teams; Modernize, Sustain, and Secure; and Strengthen Partnerships. Availability of Materials for the Meeting. A copy of the agenda or any updates to the agenda for the December 1, 2020 Microsoft Office 365 Teams virtual meeting will be available. The final version will be available at the Microsoft Office 365 Teams virtual meeting. All materials will be posted to the website after the meeting. Meeting Accessibility: Pursuant to 5 U.S.C. 552b, as amended and 41 CFR 102–3.140 through 102–3.165, and subject to the availability of space, the meeting is open through Microsoft Office 365 Teams to the public from time in 9:45 a.m.–12:00 p.m. Persons desiring to participate in the meeting through Microsoft Office 365 Teams are required to submit their name, organization, email and telephone contact information to Mrs. Deadra K. Ghostlaw at deadra.ghostlaw@ westpoint.edu not later than Wednesday, November 18, 2020. Specific instructions, for Microsoft Office 365 Teams participation in the meeting, will be provided by reply email. The meeting agenda will be available prior to the meeting on the Board’s website at: https:// www.westpoint.edu/about/ superintendent/board-of-visitors. Special Accommodations: Individuals requiring any special accommodations related to the virtual public meeting or seeking additional information about the procedures, should contact Mrs. Ghostlaw, the committee DFO, at the email address or telephone number listed in the FOR FURTHER INFORMATION E:\FR\FM\20OCN1.SGM 20OCN1

Agencies

[Federal Register Volume 85, Number 203 (Tuesday, October 20, 2020)]
[Notices]
[Pages 66539-66541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23168]


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COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities: Notice of Intent To 
Revise Collection, Comment Request: Adoption of Revised Notice of 
Exemption

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this 
notice announces that the Information Collection Request (ICR) 
abstracted below has been forward to the Office of Information and 
Regulatory Affairs (OIRA), of the Office of Management and Budget (OMB) 
for review and comment. The ICR describes the nature of the information 
collection and its expected costs and burdens.

DATES: Comments must be submitted on or before November 18, 2020.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be submitted within 30 days of this 
notice's publication to OIRA, at https://www.reginfo.gov/public/do/PRAMain. Please find this particular information collection by 
selecting ``Currently under 30-day Review--Open for Public Comments'' 
or by using the website's search function. Comments can be entered 
electronically by clicking on the ``comment'' button next to the 
information collection on the ``OIRA Information Collections Under 
Review'' page, or the ``View ICR--Agency Submission'' page. A copy of 
the supporting statement for the collection of information discussed 
herein may be obtained by visiting https://www.reginfo.gov/public/do/PRAMain.
    In addition to the submission of comments to https://Reginfo.gov as 
indicated above, a copy of all comments submitted to OIRA may also be 
submitted to the Commodity Futures Trading Commission (the 
``Commission'' or ``CFTC'') by clicking on the ``Submit Comment'' box 
next to the descriptive entry for OMB Control No. 3038-0005, at https://comments.cftc.gov/FederalRegister/PublicInfo.aspx.
    Or by either of the following methods:
     Mail: Christopher Kirkpatrick, Secretary of the 
Commission, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1155 21st Street NW, Washington, DC 20581.
     Hand Delivery/Courier: Same as Mail above.
    All comments must be submitted in English, or if not, accompanied 
by an English translation. Comments submitted to the Commission should 
include only information that you wish to make available publicly. If 
you wish the Commission to consider information that you believe is 
exempt from disclosure under the Freedom of Information Act, a petition 
for confidential treatment of the exempt information may be submitted 
according to the procedures established in Sec.  145.9 of the 
Commission's regulations.\1\ The Commission reserves the right, but 
shall have no obligation, to review, pre-screen, filter, redact, refuse 
or remove any or all of your submission from https://www.cftc.gov that 
it may deem to be inappropriate for publication, such as obscene 
language. All submissions that have been redacted or removed that 
contain comments on the merits of the

[[Page 66540]]

ICR will be retained in the public comment file and will be considered 
as required under the Administrative Procedure Act and other applicable 
laws, and may be accessible under the Freedom of Information Act.
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    \1\ 17 CFR 145.9.

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:
    Titles: 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: In 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), the Commission recently revised the notice of exemption required 
by Commission regulation 4.13(b)(1) of any person who desires to claim 
the relief from CPO registration.\2\ Separately, in Agency Information 
Activities: Notice of Intent to Revise Collection 3038-0005, Adoption 
of Revised Notice of Exemption Under Regulation 4.13(b)(1), 85 FR 47359 
(Aug. 5, 2020) (60-Day Notice), the Commission addressed the PRA 
implications of revising the notice filing required by Commission 
regulation 4.13(b)(1).\3\ The various collections of information 
required by part 4 of the Commission's regulations, including that 
notice filing, 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\ 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), amending 17 CFR 
4.13(b)(1).
    \3\ Agency Information Activities: Notice of Intent to Revise 
Collection 3038-0005, Adoption of Revised Notice of Exemption Under 
Regulation 4.13(b)(1), 85 FR 47359 (Aug. 5, 2020) (60-Day Notice).
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Revision to the Notice of Exemption

    On June 4, 2020, the Commission revised Commission regulation 
4.13(b)(1) by adding a representation to the notice already required to 
be electronically filed with the Commission by persons claiming an 
exemption from CPO registration thereunder.\4\ 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 Commission 
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.
---------------------------------------------------------------------------

    \4\ Statutory Disqualifications Final Rule, 85 FR at 40890.
---------------------------------------------------------------------------

    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.\5\ Because 
the Statutory Disqualifications Final Rule resulted in a representation 
being added to the existing notice filing in Commission regulation 
4.13(b), the Commission determined that this amendment constitutes the 
modification of an existing information collection; as such, the PRA 
implications of the revised notice filing were considered separately in 
the 60-Day Notice.\6\
---------------------------------------------------------------------------

    \5\ Statutory Disqualifications Final Rule, 85 FR at 40887.
    \6\ 60-Day Notice, 85 FR at 47360-61.
---------------------------------------------------------------------------

    By adding this representation to the notice of exemption from CPO 
registration required by Commission regulation 4.13(b)(1), the 
Commission recognizes that the existing information collection burden 
for that notice, currently estimated at 0.1 hours, is expected to 
increase. The Commission estimates that this amendment would add a 
total of 0.2 burden hours to the information collection burdens 
currently estimated for the notice of exemption under Commission 
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 notice filing in 
Commission regulation 4.13(b)(1).

Comments

    In the 60-Day Notice, the Commission provided 60 days for public 
comment on the extension and revision of the currently approved 
information collection under OMB control number 3038-0005, including 
its estimates, restated above, regarding the impact of the revised 
notice filing on the burdens associated with Commission regulation 
4.13(b)(1) and the number of expected respondents under that 
regulation. The Commission did not receive any comments that addressed 
any of its estimates or any other aspect of the information collection.
    Burden Statement: As explained above, the Commission believes that 
the addition of a representation to the notice of exemption required by 
Commission regulation 4.13(b)(1) will increase the information 
collection burden associated with that notice under OMB control number 
3038-0005.
     OMB control number 3038-0005:
    The Commission estimates that as a result of revising the notice of 
exemption under Commission regulation 4.13(b)(1), the burden of the 
collection of information under OMB control number 3038-0005 \7\ would 
be as follows:
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    \7\ 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 66541]]

    Respondents/Affected Entities: (1) All persons filing a notice of 
exemption as required by Commission 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.\8\
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    \8\ 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: October 15, 2020.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2020-23168 Filed 10-19-20; 8:45 am]
BILLING CODE 6351-01-P
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