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[Federal Register: April 6, 2004 (Volume 69, Number 66)]
[Notices]
[Page 18058]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap04-76]

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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 June 7, 2004.

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: Chrristopher W. Cummings, (202) 418-
5445; FAX: (202) 418-5536; e-mail: [email protected].

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 Rule 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 proposed rule
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) (1994).
    The Commission estimates the burden of this collection of
information as follows:

                                        Estimated Annual Reporting Burden
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                                 Annual number    Frequency of     Total annual      Hours per
        17 CFR section          of respondents      response         responses       response       Total hours
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17 CFR 140.99.................             350  On occasion.....             455             7.0           3,185
17 CFR 41.41..................              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: March 30, 2004.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 04-7672 Filed 4-5-04; 8:45 am]
BILLING CODE 6351-01-M
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