Agency Information Collection Activities: Notice of Intent To Extend Collection Number 3038-0049: Procedural Requirements for Requests for Interpretative, No-Action, and Exemptive Letters, 11410-11411 [2023-03717]

Download as PDF 11410 Federal Register / Vol. 88, No. 36 / Thursday, February 23, 2023 / Notices effective date normally required by the Administrative Procedure Act. See 5 U.S.C. 553(d). This addition to the Committee’s Procurement List is effectuated because of the expiration of the Railroad Retirement Board Headquarters, Chicago, IL contract. The Federal customer contacted and has worked diligently with the AbilityOne Program to fulfill this service need under the AbilityOne Program. To avoid performance disruption, and the possibility that the Railroad Retirement Board will refer its business elsewhere, this addition must be effective on February 28, 2023, ensuring timely execution for a March 1, 2023 start date while still allowing 5 days for comment. The Committee also published a notice of proposed Procurement List addition in the Federal Register on October 28, 2022 and did not receive any comments from any interested persons. This addition will not create a public hardship and has limited effect on the public at large, but, rather, will create new jobs for other affected parties— people with significant disabilities in the AbilityOne program who otherwise face challenges locating employment. Moreover, this addition will enable Federal customer operations to continue without interruption. Michael R. Jurkowski, Acting Director, Business Operations. [FR Doc. 2023–03741 Filed 2–22–23; 8:45 am] BILLING CODE 6353–01–P COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities: Notice of Intent To Extend Collection Number 3038–0049: Procedural Requirements for Requests for Interpretative, No-Action, and Exemptive Letters Commodity Futures Trading Commission. ACTION: Notice. AGENCY: The Commodity Futures Trading Commission (‘‘Commission’’ or ‘‘CFTC’’) is announcing an opportunity for public comment on the proposed extension of a collection of certain information by the agency. Under the Paperwork Reduction Act (‘‘PRA’’), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment. This notice solicits comments on requirements related to lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:12 Feb 22, 2023 Jkt 259001 requests for, and the issuance of, exemptive, no-action, and interpretative letters. DATES: Comments must be submitted on or before April 24, 2023. ADDRESSES: You may submit comments, identified by ‘‘OMB Control Number 3038–0049,’’ by any of the following methods: • The CFTC website, at https:// comments.cftc.gov/. Follow the instructions for submitting comments through the website. • 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. Please submit your comments using only one method. All comments must be submitted in English, or if not, accompanied by an English translation. Comments will be posted as received to https://www.cftc.gov. FOR FURTHER INFORMATION CONTACT: Rebecca Mersand, Paralegal Specialist, Division of Market Oversight, (202) 941– 8910, email: rmersand@cftc.gov; Jacob Chachkin, Associate Chief Counsel, Market Participants Division, (202) 418– 5496, email: jchachkin@cftc.gov; or Steven A. Haidar, Assistant Chief Counsel, Division of Market Oversight, (202) 418–5611, email: shaidar@ cftc.gov. SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501 et seq., Federal agencies must obtain approval from the Office of Management and Budget (‘‘OMB’’) for each collection of information they conduct or sponsor. ‘‘Collection of Information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3 and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA, 44 U.S.C. 3506(c)(2)(A), requires a Federal agency to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information before submitting the collection to OMB for approval. 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.1 To comply with these requirements, the CFTC is publishing notice of the proposed extension of the 1 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 1320.8 (b)(3)(vi). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 currently approved collection of information listed below. Title: Procedural Requirements for Requests for Interpretative, No-Action, and Exemptive Letters (OMB Control No. 3038–0049). This is a request for an extension of a currently approved information collection. Abstract: This collection covers the information requirements for voluntary requests for, and the issuance of, interpretative, no-action, and exemptive letters submitted to Commission staff pursuant to the provisions of section 140.99 of the Commission’s regulations,2 and related requests for confidential treatment pursuant to section 140.98(b) 3 of the Commission’s regulations. The collection requirements described herein are voluntary. They apply to parties that choose to request a benefit from Commission staff in the form of the regulatory action described in section 140.99. Such benefits may include, for example, relief from some or all of the burdens associated with other collections of information, relief from regulatory obligations that do not constitute collections of information, interpretations, or extensions of time for compliance with certain Commission regulations. It is likely that persons who would opt to request action under section 140.99 will have determined that the information collection burdens that they would assume by doing so will be outweighed substantially by the relief that they seek to receive. This information collection is necessary, and would be used, to assist Commission staff in understanding the type of relief that is being requested and the basis for the request. It is also necessary, and would be used, to provide staff with a sufficient basis for determining whether: (1) granting the relief would be necessary or appropriate under the facts and circumstances presented by the requestor; (2) the relief provided should be conditional and/or time-limited; and (3) granting the relief would be consistent with staff responses to requests that have been presented under similar facts and circumstances. In some cases, the requested relief might be granted upon the condition that those who seek the benefits of that relief fulfill certain conditions that are necessary to ensure that the relief granted by Commission staff is appropriate. Once again, it is likely that those who would comply with these conditions will have determined that the burden of 2 17 CFR 140.99. An archive containing CFTC staff letters may be found at https://www.cftc.gov/ LawRegulation/CFTCStaffLetters/index.htm. 3 17 CFR 140.98(b). E:\FR\FM\23FEN1.SGM 23FEN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 36 / Thursday, February 23, 2023 / Notices complying with the conditions is outweighed by the relief that they seek to receive. This information collection also is necessary to provide a mechanism whereby persons requesting interpretative, no-action, and exemptive letters may seek temporary confidential treatment of their request and the Commission staff response thereto and the grounds upon which such confidential treatment is sought. With respect to the collection of information, the CFTC invites comments on: • Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have a practical use; • The accuracy of the Commission’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Ways to enhance the quality, usefulness, and clarity of the information to be collected; and • Ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical or other technological collection techniques or other forms of information technology; e.g., permitting electronic submission of responses. You should submit only information that you wish to make available publicly. If you wish the Commission to consider information that you believe is exempt from disclosure under the Freedom of Information Act, a petition for confidential treatment of the exempt information may be submitted according to the procedures established in section 145.9 of the Commission’s regulations.4 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 Information Collection Requirement will be retained in the public comment file and will be considered as required under the Administrative Procedure Act and other applicable laws, and may be accessible under the Freedom of Information Act. Burden Statement: The Commission is revising its burden estimate for this information collection. The Commission has based its estimate of the annual number of respondents related to this information collection, in part, on the 4 17 average number of interpretative, noaction, and exemptive letters issued by Commission staff in 2020, 2021, and 2022. The Commission generally estimates that each request was made by a unique respondent. To that number, the Commission is adding additional respondents that have incurred burden hours preparing requests for relief that did not generate a Commission staff letter in response. This estimate includes the burden hours for preparing, filing, and updating such request letters as well as the burden of complying with any conditions that may be contained in any interpretative, no-action, or exemptive letters granting relief. It also includes burden hours required to prepare and submit related requests for confidential treatment. The burden hours associated with individual requests will vary widely, depending upon the type and complexity of relief requested, whether the request presents novel or complex issues, the relevant facts and circumstances, and the number of requestors or other affected entities. The respondent burden is estimated to be as follows: Estimated Number of Annual Respondents: 45. Estimated Average Annual Burden Hours per Respondent: 40. Estimated Total Annual Burden Hours: 1,800. Frequency of Collection: Occasional. Type of Respondents: Respondents include persons registered with the Commission (such as commodity pool operators, commodity trading advisors, derivatives clearing organizations, designated contract markets, futures commission merchants, introducing brokers, swap dealers, and swap execution facilities), persons seeking an exemption from registration, persons whose registration with the Commission is pending, trade associations and their members, eligible contract participants, and other persons seeking relief from discrete regulatory requirements. There are no capital costs or operating and maintenance costs associated with this collection. (Authority: 44 U.S.C. 3501 et seq.) Dated: February 17, 2023. Robert Sidman, Deputy Secretary of the Commission. [FR Doc. 2023–03717 Filed 2–22–23; 8:45 am] BILLING CODE 6351–01–P CFR 145.9. VerDate Sep<11>2014 17:12 Feb 22, 2023 Jkt 259001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 11411 DEPARTMENT OF DEFENSE Department of the Air Force [22–RI–PLA–01] Notice of Intent To Grant an Exclusive License With a Joint Ownership Agreement Department of the Air Force, Department of Defense. ACTION: Notice of intent. AGENCY: Pursuant to the Bayh-Dole Act and implementing regulations, the Department of the Air Force hereby gives notice of its intent to grant an exclusive license with a joint ownership agreement to Traverse Operations Solutions, an LLC duly organized, validly existing, and in good standing in the State of North Carolina having a place of business at 132 Dragoon Court, Raeford, NC 28376. DATES: Written objections must be filed no later than fifteen (15) calendar days after the date of publication of this Notice. ADDRESSES: Submit written objections to Stephen Colenzo, AFRL/RI, 525 Brooks Road, Rome, New York 13441; or Email: stephen.colenzo@us.af.mil. Include Docket No. 22–RI–PLA–01 in the subject line of the message. FOR FURTHER INFORMATION CONTACT: Stephen Colenzo, AFRL/RI, 525 Brooks Road, Rome, New York 13441; or Email: stephen.colenzo@us.af.mil. SUMMARY: Abstract of Patent Application(s) A device has a host port, a remote terminal (RT), an incoming line driver, an outgoing line driver, and at least one of an incoming message filter and an outgoing message filter. The host port communicatively couples to a shared host bus. The RT port communicatively couples to the RT. The incoming message filter receives an incoming host message from the host port and generates a filtered host message from the incoming host message employing at least one host message rule. The outgoing message filter receives an outgoing RT message from the RT port and generates a filtered RT message from the outgoing RT message employing at least one RT message rule. The incoming line driver communicates the filtered host message to the RT port. The outgoing line driver communicates the filtered RT message to the host port. Intellectual Property —LINDERMAN, U.S. Patent No. 10,581,632, issued on 03 March 2020, and entitled ‘‘Data Transfer Filter.’’ The Department of the Air Force may grant the prospective license unless a E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Notices]
[Pages 11410-11411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03717]


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COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities: Notice of Intent To 
Extend Collection Number 3038-0049: Procedural Requirements for 
Requests for Interpretative, No-Action, and Exemptive Letters

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commodity Futures Trading Commission (``Commission'' or 
``CFTC'') is announcing an opportunity for public comment on the 
proposed extension of a collection of certain information by the 
agency. Under the Paperwork Reduction Act (``PRA''), Federal agencies 
are required to publish notice in the Federal Register concerning each 
proposed collection of information, including each proposed extension 
of an existing collection of information, and to allow 60 days for 
public comment. This notice solicits comments on requirements related 
to requests for, and the issuance of, exemptive, no-action, and 
interpretative letters.

DATES: Comments must be submitted on or before April 24, 2023.

ADDRESSES: You may submit comments, identified by ``OMB Control Number 
3038-0049,'' by any of the following methods:
     The CFTC website, at https://comments.cftc.gov/. Follow 
the instructions for submitting comments through the website.
     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.
    Please submit your comments using only one method. All comments 
must be submitted in English, or if not, accompanied by an English 
translation. Comments will be posted as received to https://www.cftc.gov.

FOR FURTHER INFORMATION CONTACT: Rebecca Mersand, Paralegal Specialist, 
Division of Market Oversight, (202) 941-8910, email: [email protected]; 
Jacob Chachkin, Associate Chief Counsel, Market Participants Division, 
(202) 418-5496, email: [email protected]; or Steven A. Haidar, 
Assistant Chief Counsel, Division of Market Oversight, (202) 418-5611, 
email: [email protected].

SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501 et seq., 
Federal agencies must obtain approval from the Office of Management and 
Budget (``OMB'') for each collection of information they conduct or 
sponsor. ``Collection of Information'' is defined in 44 U.S.C. 3502(3) 
and 5 CFR 1320.3 and includes agency requests or requirements that 
members of the public submit reports, keep records, or provide 
information to a third party. Section 3506(c)(2)(A) of the PRA, 44 
U.S.C. 3506(c)(2)(A), requires a Federal agency to provide a 60-day 
notice in the Federal Register concerning each proposed collection of 
information, including each proposed extension of an existing 
collection of information before submitting the collection to OMB for 
approval. 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.\1\ To comply with these requirements, the 
CFTC is publishing notice of the proposed extension of the currently 
approved collection of information listed below.
---------------------------------------------------------------------------

    \1\ 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 1320.8 (b)(3)(vi).
---------------------------------------------------------------------------

    Title: Procedural Requirements for Requests for Interpretative, No-
Action, and Exemptive Letters (OMB Control No. 3038-0049). This is a 
request for an extension of a currently approved information 
collection.
    Abstract: This collection covers the information requirements for 
voluntary requests for, and the issuance of, interpretative, no-action, 
and exemptive letters submitted to Commission staff pursuant to the 
provisions of section 140.99 of the Commission's regulations,\2\ and 
related requests for confidential treatment pursuant to section 
140.98(b) \3\ of the Commission's regulations.
---------------------------------------------------------------------------

    \2\ 17 CFR 140.99. An archive containing CFTC staff letters may 
be found at https://www.cftc.gov/LawRegulation/CFTCStaffLetters/index.htm.
    \3\ 17 CFR 140.98(b).
---------------------------------------------------------------------------

    The collection requirements described herein are voluntary. They 
apply to parties that choose to request a benefit from Commission staff 
in the form of the regulatory action described in section 140.99. Such 
benefits may include, for example, relief from some or all of the 
burdens associated with other collections of information, relief from 
regulatory obligations that do not constitute collections of 
information, interpretations, or extensions of time for compliance with 
certain Commission regulations. It is likely that persons who would opt 
to request action under section 140.99 will have determined that the 
information collection burdens that they would assume by doing so will 
be outweighed substantially by the relief that they seek to receive.
    This information collection is necessary, and would be used, to 
assist Commission staff in understanding the type of relief that is 
being requested and the basis for the request. It is also necessary, 
and would be used, to provide staff with a sufficient basis for 
determining whether: (1) granting the relief would be necessary or 
appropriate under the facts and circumstances presented by the 
requestor; (2) the relief provided should be conditional and/or time-
limited; and (3) granting the relief would be consistent with staff 
responses to requests that have been presented under similar facts and 
circumstances. In some cases, the requested relief might be granted 
upon the condition that those who seek the benefits of that relief 
fulfill certain conditions that are necessary to ensure that the relief 
granted by Commission staff is appropriate. Once again, it is likely 
that those who would comply with these conditions will have determined 
that the burden of

[[Page 11411]]

complying with the conditions is outweighed by the relief that they 
seek to receive. This information collection also is necessary to 
provide a mechanism whereby persons requesting interpretative, no-
action, and exemptive letters may seek temporary confidential treatment 
of their request and the Commission staff response thereto and the 
grounds upon which such confidential treatment is sought.
    With respect to the collection of information, the CFTC invites 
comments on:
     Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information will have a practical 
use;
     The accuracy of the Commission's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
     Ways to enhance the quality, usefulness, and clarity of 
the information to be collected; and
     Ways to minimize the burden of the collection of 
information on those who are to respond, including through the use of 
appropriate automated electronic, mechanical or other technological 
collection techniques or other forms of information technology; e.g., 
permitting electronic submission of responses.
    You should submit only information that you wish to make available 
publicly. If you wish the Commission to consider information that you 
believe is exempt from disclosure under the Freedom of Information Act, 
a petition for confidential treatment of the exempt information may be 
submitted according to the procedures established in section 145.9 of 
the Commission's regulations.\4\
---------------------------------------------------------------------------

    \4\ 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://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 Information Collection Requirement will be retained 
in the public comment file and will be considered as required under the 
Administrative Procedure Act and other applicable laws, and may be 
accessible under the Freedom of Information Act.
    Burden Statement: The Commission is revising its burden estimate 
for this information collection. The Commission has based its estimate 
of the annual number of respondents related to this information 
collection, in part, on the average number of interpretative, no-
action, and exemptive letters issued by Commission staff in 2020, 2021, 
and 2022. The Commission generally estimates that each request was made 
by a unique respondent. To that number, the Commission is adding 
additional respondents that have incurred burden hours preparing 
requests for relief that did not generate a Commission staff letter in 
response.
    This estimate includes the burden hours for preparing, filing, and 
updating such request letters as well as the burden of complying with 
any conditions that may be contained in any interpretative, no-action, 
or exemptive letters granting relief. It also includes burden hours 
required to prepare and submit related requests for confidential 
treatment. The burden hours associated with individual requests will 
vary widely, depending upon the type and complexity of relief 
requested, whether the request presents novel or complex issues, the 
relevant facts and circumstances, and the number of requestors or other 
affected entities.
    The respondent burden is estimated to be as follows:
    Estimated Number of Annual Respondents: 45.
    Estimated Average Annual Burden Hours per Respondent: 40.
    Estimated Total Annual Burden Hours: 1,800.
    Frequency of Collection: Occasional.
    Type of Respondents: Respondents include persons registered with 
the Commission (such as commodity pool operators, commodity trading 
advisors, derivatives clearing organizations, designated contract 
markets, futures commission merchants, introducing brokers, swap 
dealers, and swap execution facilities), persons seeking an exemption 
from registration, persons whose registration with the Commission is 
pending, trade associations and their members, eligible contract 
participants, and other persons seeking relief from discrete regulatory 
requirements.
    There are no capital costs or operating and maintenance costs 
associated with this collection.

(Authority: 44 U.S.C. 3501 et seq.)

    Dated: February 17, 2023.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023-03717 Filed 2-22-23; 8:45 am]
BILLING CODE 6351-01-P
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