07-2566

Commodity Futures Trading Commission Agency Information Collection Activities: Notice of Intent to Renew Collection 3038-0049, Procedural Requirements for Requests for Interpretative, No-Action, and Exemptive Letters[Federal Register: May 23, 2007 (Volume 72, Number 99)]

[Notices]

[Page 28959-28960]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr23my07-50]

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COMMODITY FUTURES TRADING COMMISSION

Agency Information Collection Activities: Notice of Intent to

Renew Collection 3038-0049, Procedural Requirements for Requests for

Interpretative, No-Action, and Exemptive Letters

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.

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SUMMARY: The Commodity Futures Trading Commission (CFTC) is announcing

an opportunity for public comment on the proposed collection of certain

information by the agency. Under the Paperwork Reduction Act of 1995

(PRA), 44 U.S.C. 3501 et seq., Federal agencies are required to publish

notice in the Federal Register concerning each proposed collection of

information, including each proposed extension of an existing

collection of information, and to allow 60 days for public comment in

response to the notice. This notice solicits comments on requirements

relating to procedures for submitting requests for exemptive, no-

action, and interpretative letters.

DATES: Comments must be submitted on or before July 23, 2007.

ADDRESSES: Comments may be mailed to Christopher W. Cummings, Division

of Clearing and Intermediary Oversight, U.S. Commodity Futures Trading

Commission, 1155 21st Street, NW., Washington, DC 20581.

FOR FURTHER INFORMATION CONTACT: Christopher W. Cummings (202) 418-

5445; Fax: (202) 418-5536; e-mail: ccummings@cftc.gov.

SUPPLEMENTARY INFORMATION: Under the PRA, Federal agencies must obtain

approval from the Office of Management and Budget (OMB) for each

collection of information they conduct or sponsor. ``Collection of

information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) 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, including each

proposed extension of an existing collection of information, before

submitting the collection to OMB for approval. To comply with this

requirement, the CFTC is publishing notice of the proposed collection

of information listed below.

With respect to the following collection of information, the CFTC

invites comments on:

Whether the proposed collection of information is

necessary for the proper performance of the functions of the

Commission, including whether the information will have a practical

use;

The accuracy of the Commission's estimate of the burden of

the proposed collection of information, including the validity of the

methodology and assumptions used;

Ways to enhance the quality, usefulness, and clarity of

the information to be collected; and

Ways to minimize the burden of collection of information

on those who are to respond, including through the use of appropriate

automated electronic, mechanical, or other technological collection

techniques or other forms of information technology; e.g., permitting

electronic submission of responses.

Procedural Requirements for Requests for Interpretative, No-Action, and

Exemptive Letters, OMB Control Number 3038-0049--Extension

Commission Regulation 140.99 requires persons submitting requests

for exemptive, no-action, and interpretative letters to provide

specific written information, certified as to completeness and

accuracy, and to update that information to reflect material changes.

The regulation was promulgated pursuant to the Commission's rulemaking

authority contained in section 8a(5) of the Commodity Exchange Act, 7

U.S.C. 12a(5) (2000). Regulation 41.3 requires securities brokers and

dealers submitting requests for exemptive orders to provide specified

written information in support of such requests. Regulation 41.3 was

promulgated in response to the requirement in the Commodity Futures

Modernization Act of 2000 that the Commission establish procedures for

requesting such orders.

The Commission estimates the burden of this collection of

information as follows:

[[Page 28960]]

Estimated Annual Reporting Burden

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Annual

17 CFR Section number of Frequency of response Total annual Hours per Total

respondents responses response hours

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17 CFR 140.99....................... 350 On occasion........... 455 7.0 3,185

17 CFR 41.3......................... 60 On occasion........... 24 0.5 12

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There are no capital costs or operating and maintenance costs

associated with this collection.

This estimate is based on the number of requests for such letters

in the last three years. Although the burden varies with the type,

size, and complexity of the request submitted, such request may involve

analytical work and analysis, as well as the work of drafting the

request itself.

Dated: May 18, 2007.

Eileen A. Donovan,

Acting Secretary of the Commission

[FR Doc. 07-2566 Filed 5-22-07; 8:45 am]

BILLING CODE 6351-01-M

Updated May 23, 2007

Last Updated: June 29, 2007