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[Federal Register: August 27, 2010 (Volume 75, Number 166)]
[Notices]               
[Page 52731-52732]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au10-43]                         

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COMMODITY FUTURES TRADING COMMISSION

 
Agency Information Collection Activities Under OMB Review: Notice 
of Intent To Renew Collection 3038-0054, Establishing Procedures To 
Implement the Notification Requirements for Entities Operating as 
Exempt Markets

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, and to allow 60 days for comment in response to the 
notice. This notice solicits comments on requirements relating to 
information collected to assist the Commission in the prevention of 
market manipulation.

DATES: Comments must be submitted on or before October 26, 2010.

For Further Information or a Copy, Contact: Riva Spear Adriance, 
Division of Market Oversight, U.S. Commodity Futures Trading 
Commission, 1155 21st Street, NW., Washington, DC 20581, (202) 418-
5494; FAX: (202) 418-5527; e-mail: radriance@cftc.gov and refer to OMB 
Control No. 3038-0054.

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 350(c)(2)(A) of the PRA, 44 Section 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 to approve. To comply with this 
requirement, the CFTC is publishing notice of the proposed collection 
of the information 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 minimize the burden of collection of information on those 
who are to respond, including through the use of appropriate 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses.

[[Page 52732]]

Establishing Procedures To Implement the Notification Requirements for 
Entities Operating as Exempt--Markets OMB Control No. 3038-0054--
Extension

    Sections 2(h)(3) through (5) of the Commodity Exchange Act (Act) 
add exempt commercial markets as markets excluded from the Act's other 
requirements. The rules implement the qualifying conditions of the 
exemption. Rule 36.3(a) implements the notification requirements, and 
rule 36.3(b)(1) establishes information requirements for exempt 
commercial markets consistent with sections 2(h)(5)(B) of the Act. An 
exempt commercial markets consistent with Section 2(h)(5)(B) of the 
Act. An exempt commercial market may provide the Commission with access 
to transactions conducted on the facility or it can satisfy its 
reporting requirements by complying with the Commission's reporting 
requirements. The Act affirmatively vests the Commission's reporting 
requirements. The Act affirmatively vests the Commission with 
comprehensive antimanipulation enforcement authority over these trading 
facilities. The Commission is charged with monitoring these markets for 
manipulation and enforcing the antimanipulation provisions of the Act. 
The informational requirements imposed by proposed rules are designed 
to ensure that the Commission can effectively perform these functions.
    Section 5d of the Act establishes a category of market exempt from 
proposed rules are designed to ensure that the Commission can 
effectively perform these functions.
    Section 5d of the Act establishes a category of market exempt from 
Commission oversight referred to as an ``exempt board of trade.'' Rule 
36.2 implements regulations that define those commodities that are 
eligible to trade on an exempt board of trade. Rule 36.2(b) implements 
the notification requirements of Section 5d of the Act. Rule 36.2(b)(1) 
requires exempt boards of trade relying on this exemption to disclose 
to traders that the facility and trading on the facility are not 
regulated by the Commission. This requirement is necessary to make 
manifest the nature of the market and to avoid misleading the public. 
The Commission estimates the burden of this collection of information 
as follows:

Estimated Annual Reporting Burden

    Number of Respondents: 25.
    Total Annual Responses: 25.
    Total Annual Hours: 250.
    Send comments regarding the burden estimated or any other aspect of 
the information collection, including suggestions for reducing the 
burden, to the addresses listed below. Please refer to OMB Control No. 
3038-0054 in any correspondence.
    Riva Spear Adriance, Division of Market Oversight, U.S. Commodity 
Futures Trading Commission, 1155 21st Street, NW., Washington, DC 
20581, and Office of Information and Regulatory Affairs, Office of 
Management and Budget, Attention: Desk Officer for CFTC, 725 17th 
Street, Washington, DC 20503.

    Dated: August 19, 2010.
David Stawick,
Secretary of the Commission.
[FR Doc. 2010-21144 Filed 8-26-10; 8:45 am]
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