[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Notices]
[Pages 85174-85175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24857]


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COMMODITY FUTURES TRADING COMMISSION


Agency Information Collection Activities Under OMB Review

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.

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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 November 25, 2024.

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. 3038-0007, at https://comments.cftc.gov/FederalRegister/PublicInfo.aspx.
    Or by either of the following methods:
    <bullet> Mail: Christopher Kirkpatrick, Secretary of the 
Commission, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1155 21st Street NW, Washington, DC 20581.
    <bullet> 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 Sec.  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.
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    \1\ 17 CFR 145.9.

FOR FURTHER INFORMATION CONTACT: Catherine Brescia, Attorney Advisor, 
Market Participants Division, Commodity Futures Trading Commission, 
telephone: (202) 418-6236; email: <a href="/cdn-cgi/l/email-protection#721110001701111b1332111406115c151d04"><span class="__cf_email__" data-cfemail="21424353445242484061424755420f464e57">[email protected]</span></a>, and refer to OMB 
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Control No. 3038-0007.

SUPPLEMENTARY INFORMATION: 
    Title: Regulation of Domestic Exchange-Traded Options, OMB Control 
Number 3038-0007. This is a request for extension of a currently 
approved collection.
    Abstract: Commission Regulations 33.7 and 33.8,\2\ respectively, 
require futures commission merchants (FCMs) and introducing brokers 
(IBs): (1) to provide retail (i.e., non-eligible contract participant) 
\3\ customers with, and retain, standard risk disclosure

[[Page 85175]]

statements concerning the risk of trading certain domestic exchange-
traded commodity options; \4\ and (2) to retain all related promotional 
material and the source of authority for information contained therein. 
These requirements help assure that these customers are not 
fraudulently induced to invest in these commodity options by persons 
who misrepresent the risks of such transactions. The recordkeeping 
requirements assist the Commission and the National Futures Association 
(NFA) in verifying registrants' compliance with their disclosure 
obligations and ensuring that related promotional material is not 
fraudulent or misleading.
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    \2\ 17 CFR 33.7 and 33.8.
    \3\ Commission Regulation 33.7 does not require FCMs or IBs to 
provide the disclosure or obtain a related acknowledgment from 
institutional customers. See 17 CFR 33.7(a)(1). Commission 
Regulation 1.3 provides that ``institutional customer'' has the same 
meaning as ``eligible contract participant'' (``ECP'') as defined in 
section 1a(18) of the Commodity Exchange Act (``CEA''). Under the 
CEA, an ECP includes, for example, a financial institution, an 
insurance company, and a corporation with $10 million in assets.
    \4\ See Commission Regulation 33.2(b). 17 CFR 33.2(b) (providing 
that Part 33 of the Commission's Regulations applies to commodity 
option transactions that are options on contracts of sale of a 
commodity for future delivery except for commodity option 
transactions that are options on contracts of sale of a commodity 
for future delivery conducted or executed on or subject to the rules 
of a foreign board of trade).
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    This information collection contains the third-party disclosure and 
recordkeeping requirements needed to ensure regulatory compliance by 
FCMs and IBs with these Commission Regulations.
    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 12, 2024, the Commission 
published in the Federal Register notice of the proposed extension of 
this information collection and provided 60 days for public comment on 
the proposed extension, 89 FR 65606 (``60-Day Notice''). The Commission 
did not receive any relevant comments on the 60-Day Notice.
    Burden Statement: The Commission estimates the burden of this 
collection of information as follows:
    Estimated Number of Annual Respondents: 983.
    Estimated Average Annual Burden Hours per Respondent: 34.2.
    Estimated Total Annual Burden Hours: 33,619.
    Frequency of Collection: On occasion.
    There are no capital costs or operating and maintenance costs 
associated with this collection.

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

    Dated: October 22, 2024.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2024-24857 Filed 10-24-24; 8:45 am]
BILLING CODE 6351-01-P


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