Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Notices 77565 

1 17 CFR 145.9. 

2See Final Rule, Ownership and Control Reports, 

Forms 102/102S, 40/40S, and 71, 78 FR 69178 

(Nov. 18, 2013). Terms used herein and not 

otherwise defined herein shall have the meaning 

assigned to such terms in the final rules or in the 

Commission’s regulations. 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Notice of Intent To Renew 

Collection 3038–0103, Ownership and 

Control Reports, Forms 102/102S, 

40/40S, and 71 (Trader and Account 

Identification Reports) 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 

(PRA), this notice announces that the 

Information Collection Request (ICR) 

abstracted below has been forwarded 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 burden. 

DATES: Comments must be submitted on 

or before December 13, 2023. 

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. 3038–0103, 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 

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: 

Chase Lindsey, Assistant Chief Counsel, 

Division of Market Oversight, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW, Washington, DC 

20581; (202) 740–4833; clindsey@

cftc.gov, and refer to OMB Control No. 

3038–0103. 

SUPPLEMENTARY INFORMATION: 

Title: Ownership and Control Reports, 

Forms 102/102S, 40/40S, and 71 (Trader 

and Account Identification Reports) 

(OMB Control No. 3038–0103). This is 

a request for extension of a currently 

approved information collection. 

Abstract: The final rules 2 created new 

information collection requirements via 

§§ 17.01, 18.04, 18.05, and 20.5. 

Specifically, § 17.01 provides for the 

filing of Form 102A, Form 102B and 

Form 71, as follows: 

• Pursuant to § 17.01(a), futures 

commission merchants (‘‘FCMs’’), 

clearing members, and foreign brokers 

shall identify new special accounts to 

the Commission on Form 102A; 

• Pursuant to § 17.01(b), clearing 

members shall identify volume 

threshold accounts to the Commission 

on Form 102B; and 

• Pursuant to § 17.01(c), omnibus 

volume threshold account originators 

and omnibus reportable sub-account 

originators shall identify reportable 

subaccounts to the Commission on 

Form 71 when requested via a special 

call by the Commission or its designee. 

Additional reporting requirements 

arise from § 18.04, which results in the 

collection of information via Form 40 

from and regarding traders who own, 

hold, or control reportable positions; 

volume threshold account controllers; 

persons who own volume threshold 

accounts; reportable sub-account 

controllers; and persons who own 

reportable sub-accounts. 

Reporting requirements also arise 

from § 20.5(a), which requires all 

reporting entities to submit Form 102S 

for swap counterparty or customer 

consolidated accounts with reportable 

positions. In addition, § 20.5(b) requires 

every person subject to books or records 

under current § 20.6 to complete a 40S 

filing after a special call upon such 

person by the Commission. 

In addition to the reporting 

requirements summarized above, 

§ 18.05 imposes recordkeeping 

requirements upon: (1) Traders who 

own, hold, or control a reportable 

futures or options on futures position; 

(2) volume threshold account 

controllers; (3) persons who own 

volume threshold accounts; (4) 

reportable sub-account controllers; and 

(5) persons who own reportable 

subaccounts. 

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 

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. 

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 

control number. On August 30, 2023, 

the Commission published in the 

Federal Register notice of the proposed 

revision of this information collection 


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77566 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Notices 

and provided 60 days for public 

comment on the proposed extension, 88 

FR 59877 (‘‘60-Day Notice’’). The 

Commission received no relevant 

comments that addressed its PRA 

burden estimates. 

Burden Statement: The Commission 

estimates the burden of this collection 

of information as follows: 

Estimated Number of Respondents: 

1,779. 

Estimated Average Burden Hours per 

Respondent: 102. 

Estimated Total Annual Burden 

Hours: 188,980. 

Frequency of Collection: On occasion. 

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

Dated: November 6, 2023. 

Robert Sidman, 

Deputy Secretary of the Commission. 

[FR Doc. 2023–24874 Filed 11–9–23; 8:45 am] 

BILLING CODE 6351–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 24–0001] 

HSN, Inc. 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: The Commission publishes in 

the Federal Register any settlement that 

it provisionally accepts under the 

Consumer Product Safety Act. 

Published below is a provisionally 

accepted Settlement Agreement with 

HSN, Inc., containing a civil penalty in 

the amount of $16,000,000 subject to the 

terms and conditions of the Settlement 

Agreement. The Commission voted 

unanimously (4–0) to provisionally 

accept the proposed Settlement 

Agreement and Order pertaining to 

HSN, Inc. Commissioners statements 

regarding the matter can be found here: 

https://www.cpsc.gov/Commissioners. 

DATES: Any interested person may ask 

the Commission not to accept this 

agreement or otherwise comment on its 

contents by filing a written request with 

the Office of the Secretary by November 

28, 2023. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to 

Comment 24–C0001, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East-West Highway, 

Bethesda, MD 20814; telephone: (240) 

863–8938 (mobile), (301) 504–7479 

(office); email: cpsc-os@cpsc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth L. Jones, Trial Attorney, 

Division of Enforcement and Litigation, 

Office of Compliance and Field 

Operations, Consumer Product Safety 

Commission, 4330 East-West Highway, 

Bethesda, Maryland 20814; EJones@

cpsc.gov, 301–504–7510 (office). 

SUPPLEMENTARY INFORMATION: The text of 

the Settlement Agreement and Order 

appear below. 

Dated: November 7, 2023. 

Sarah Bock, 

Paralegal Specialist. 

United States of America 

Consumer Product Safety Commission 

In the Matter of: HSN, Inc., CPSC Docket 

No.: 24–C0001 

Settlement Agreement 

1. In accordance with the Consumer 

Product Safety Act, 15 U.S.C. 2051– 

2089 (‘‘CPSA’’), and 16 CFR 1118.20, 

HSN, Inc. and its subsidiaries, including 

without limitation Ingenious Designs, 

LLC (collectively ‘‘HSN’’ or ‘‘the Firm’’), 

and the United States Consumer 

Product Safety Commission 

(‘‘Commission’’ or ‘‘CPSC’’), through its 

staff, hereby enter into this Settlement 

Agreement (‘‘Agreement’’). The 

Agreement and the incorporated 

attached Order resolve staff’s charges set 

forth below. 

The Parties 

2. The Commission is an independent 

federal regulatory agency, established 

pursuant to, and responsible for, the 

enforcement of the CPSA, 15 U.S.C. 

2051–2089. By executing the 

Agreement, staff is acting on behalf of 

the Commission, pursuant to 16 CFR 

1118.20(b). The Commission issues the 

Order under the provisions of the CPSA. 

3. HSN is a corporation, organized 

and existing under the laws of the state 

of Delaware, with its principal place of 

business in St. Petersburg, Florida. 

Staff Charges 

4. Between 2002 and 2019, HSN 

imported and distributed in the United 

States approximately 5.4 million Joy 

Mangano brand ‘‘My Little Steamer®,’’ 

also sold as a ‘‘Deluxe’’ version and ‘‘My 

Little Steamer® Go Mini’’ (collectively, 

the ‘‘Steamers’’ or ‘‘Subject Products’’). 

5. The Subject Products are 

‘‘consumer products’’ that were 

‘‘import[ed]’’ and ‘‘distribut[ed] in 

commerce,’’ as those terms are defined 

or used in sections 3(a)(5), (8), and (9) 

of the CPSA, 15 U.S.C. 2052(a)(5), (8), 

and (9). HSN is a ‘‘manufacturer’’ and 

‘‘distributor’’ of the Subject Products, as 

such terms are defined in sections 

3(a)(8) and (11) of the CPSA, 15 U.S.C. 

2052(a)(8) and (11). 

Violation of CPSA Section 19(a)(4) 

6. The Subject Products contain a 

defect which could create a substantial 

product hazard or create an 

unreasonable risk of serious injury 

because the Subject Products expel, 

spray, or leak hot water during use, 

posing a serious burn hazard to 

consumers. 

7. By the end of 2012 and continuing 

into 2019, HSN had received numerous 

reports that the Subject Products would 

spray, expel, and/or leak hot water 

while in use, some resulting in serious 

and permanent injuries, a limited 

number of which constituted grievous 

bodily injury, as defined in 16 CFR 

1115.12(d). 

8. During the same time, HSN made 

several changes to the Steamers in an 

attempt to address the spraying, 

expelling, and/or leaking of hot water; 

however, HSN continued to receive 

numerous reports of the Steamers 

spraying, expelling, and/or leaking hot 

water. 

9. Despite possessing information that 

reasonably supported the conclusion 

that the Subject Products contained a 

defect that could create a substantial 

product hazard or created an 

unreasonable risk of serious injury, HSN 

did not immediately report to the 

Commission. 

10. By the time HSN filed an initial 

report with the Commission under 15 

U.S.C. 2064(b) concerning the Subject 

Products, the Firm had received 

approximately 400 complaints of the 

Steamers spraying or expelling hot 

water and approximately 700 additional 

reports of leaks, resulting in at least 91 

reports of injury, and 29 insurance 

claims alleging injuries, including 

reports of second and third-degree 

burns, scarring and one report of partial 

hearing loss. In addition, the Firm 

received via Online Reviews on the 

HSN website approximately 500 

complaints of the Steamers spraying or 

expelling hot water and approximately 

150 complaints of leaks, including 87 

reports of injury. 

11. The Commission and HSN jointly 

announced a recall of the Subject 

Products on May 26, 2021. 

Failure to Timely Report 

12. Despite having information 

reasonably supporting the conclusion 

that the Subject Products contained a 

defect which could create a substantial 

product hazard or created an 

unreasonable risk of serious injury or 

death, HSN did not notify the 

Commission immediately of such defect 

or risk, as required by sections 15(b)(3) 

and (4) of the CPSA, 15 U.S.C. 


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