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[Federal Register: September 29, 2010 (Volume 75, Number 188)]
[Notices]               
[Page 60087-60088]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se10-46]                         

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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 November 29, 2010.

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) 418-5528; e-mail: ccummings@cftc.gov.

SUPPLEMENTAL 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

[[Page 60088]]

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:

                The Commission Estimates the Burden of This Collection of Information as Follows:
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                                                                      Total annual      Hours per
      Annual number of respondents          Frequency of response       responses       response     Total hours
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100....................................  On occasion...............             150               7         1050
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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: September 23, 2010.
David Stawick,
Secretary of the Commission.
[FR Doc. 2010-24357 Filed 9-28-10; 8:45 am]
BILLING CODE 6351-01-P
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