Notice2026-19338
Agency Information Collection Activities: Notice of Intent To Extend
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 22, 2026
Issuing agencies
Commodity Futures Trading Commission
Abstract
The Commodity Futures Trading Commission ("CFTC" or "Commission") is announcing an opportunity for public comment on the proposed renewal of a collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 ("PRA"), 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. This notice solicits comments on the extension of information collection requirements provided for by Part 5 of the Commission's regulations under the Commodity Exchange Act ("CEA").
Full Text
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<title>Federal Register, Volume 91 Issue 182 (Tuesday, September 22, 2026)</title>
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[Federal Register Volume 91, Number 182 (Tuesday, September 22, 2026)]
[Notices]
[Pages 60104-60106]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19338]
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COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities: Notice of Intent To
Extend
Collection 3038-0062: Off-Exchange Foreign Currency Transactions
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice.
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[[Page 60105]]
SUMMARY: The Commodity Futures Trading Commission (``CFTC'' or
``Commission'') is announcing an opportunity for public comment on the
proposed renewal of a collection of certain information by the agency.
Under the Paperwork Reduction Act of 1995 (``PRA''), 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. This notice solicits comments on the extension of
information collection requirements provided for by Part 5 of the
Commission's regulations under the Commodity Exchange Act (``CEA'').
DATES: Comments must be submitted on or before November 23, 2026.
ADDRESSES: You may submit comments, identified by ``Off-Exchange
Foreign Currency Transactions,'' Collection Number 3038-0062, by any of
the following methods:
<bullet> <a href="http://Regulations.gov">Regulations.gov</a>: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
press the ``Search'' button, then proceed as follows:
1. Under Refine Documents Result--check the box to ``Only show
documents open for comment'';
2. Under Agency--select ``See More'' and check the box for
``Commodity Futures Trading Commission,'' then press the Apply button;
3. Identify this notice in the list of CFTC documents open for
comment, press the ``Comment'' button to open the submission form and
follow the instructions on the form.
Alternatively, if you are viewing this notice on
<a href="http://www.federalregister.gov">www.federalregister.gov</a>, click the ``Submit A Public Comment'' button
at the top of the page to open the comment form. Follow the
instructions on the form to submit your comment to <a href="http://Regulations.gov">Regulations.gov</a>.
<bullet> Mail: Send to--Christopher Kirkpatrick, Secretary of the
Commission, Commodity Futures Trading Commission, Three Lafayette
Centre, 1155 21st Street NW, Washington, DC 20581.
<bullet> Hand Delivery/Courier: Address to--CFTC Comment
Submission, Attn: Christopher Kirkpatrick, Secretary of the Commission,
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st
Street NW, Washington, DC 20581.
Please submit your comments using only one method. To avoid
possible delays with mail or in-person deliveries, submissions through
<a href="http://Regulations.gov">Regulations.gov</a> are encouraged.
All comments must be submitted in English, or if not, accompanied
by an English translation. Do not include in your comment text or
attachments any personal identifying information or business
information that you do not want published online. Comments (regardless
of submission method) will be published without review for, and without
removal of, any personal identifying information or information your
business may consider confidential. If you wish to submit confidential
information for the Commission's consideration, please contact the CFTC
personnel listed in this Notice under FOR FURTHER INFORMATION CONTACT
before making any submission. Please also carefully review the
Commission's procedures in 17 CFR 145.9 for requesting confidential
treatment under the Freedom of Information Act (``FOIA'') of
information submitted to the Commission.
The CFTC reserves the right, but shall have no obligation, to
review, pre-screen, filter, or redact all or any part of your comment
submission. The CFTC also reserves the right, without further
notification, to refuse to publish or to remove from public view all or
any part of your submission to the extent it contains content
inappropriate for publication in a comment file, such as--without
limitation--obscene language, threats of violence, solicitations for
commercial sales or illegal activity, or obvious spam. If a submission
that is refused for or withdrawn from publication because of
inappropriate content also contains comments on the merits of this
notice, such submission will be retained in the record for the matter
and will be considered as required under the Administrative Procedure
Act, the Paperwork Reduction Act, and other applicable laws, and may be
accessible under the FOIA.
FOR FURTHER INFORMATION CONTACT: Catherine Brescia, Attorney Advisor,
at (202) 418-6236 or <a href="/cdn-cgi/l/email-protection#bad9d8c8dfc9d9d3dbfad9dcced994ddd5cc"><span class="__cf_email__" data-cfemail="fe9d9c8c9b8d9d979fbe9d988a9dd0999188">[email protected]</span></a>, Market Participants Division,
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st
Street NW, Washington, DC 20581; and refer to OMB Control No. 3038-
0062.
SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501 et seq.,
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 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.\1\ To comply with this
requirement, the CFTC is publishing notice of the proposed extension of
the existing collections of information listed below. 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.
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\1\ 44 U.S.C. 3506(c)(2)(A).
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Title: Off-Exchange Foreign Currency Transactions (OMB Control No.
3038-0062). This is a request for an extension of a currently approved
information collection.
Abstract: Part 5 of the Commission's regulations under the CEA
establishes rules applicable to retail foreign exchange dealers
(``RFEDs''), futures commission merchants (``FCMs''), introducing
brokers (``IBs''), commodity trading advisors (``CTAs''), and commodity
pool operators (``CPOs'') engaged in the offer and sale of off-exchange
forex contracts to retail customers. Specifically:
<bullet> Regulation 5.5 requires RFEDs, FCMs, and IBs to distribute
risk disclosure statements to new retail forex customers.
<bullet> Regulation 5.6 requires RFEDs and FCMs to report any
failures to maintain the minimum capital required by Commission
regulations.
<bullet> Regulation 5.8 requires RFEDs and FCMs to calculate their
total retail forex obligation.
<bullet> Regulation 5.10 requires RFEDs to maintain and preserve
certain risk assessment documentation.
<bullet> Regulation 5.11(a)(1) requires RFEDs to submit certain
risk assessment documentation to the Commission within 60 days of the
effective date of their registration.
<bullet> Regulation 5.11(a)(2) requires RFEDs to submit certain
financial documentation to the Commission within 105 calendar days of
the end of each fiscal year. RFEDs must also submit additional
information, if requested, regarding affiliates' financial impact on an
RFED's organizational structure.
<bullet> Regulation 5.12(a) requires RFED applicants to submit a
Form 1-FR-FCM concurrently with their registration application.
[[Page 60106]]
<bullet> Regulation 5.12(b) requires registered RFEDs to file a
Form 1-FR-FCM on a monthly and annual basis.
<bullet> Regulation 5.12(g) states that, in the event that an RFED
cannot file its Form 1-FR-FCM for any period within the time specified
in Regulation 5.12(b), the RFED may file an application for an
extension of time with its self-regulatory organization.
<bullet> Regulation 5.13(a) requires RFEDs and FCMs to provide
monthly account statements to their customers.
<bullet> Regulation 5.13(b) requires RFEDs and FCMs to provide
confirmation statements to their customers within one business day
after the execution of any retail forex or forex option transaction.
<bullet> Regulation 5.14 requires RFEDs and FCMs to maintain
current ledgers of each transaction affecting its asset, liability,
income, expense and capital accounts.
<bullet> Regulation 5.18(g) requires each RFED, FCM, CPO, CTA, and
IB subject to part 5 to maintain a record of all communications
received that give rise to possible violations of the Act, rules,
regulations or orders thereunder related to their retail forex
business.
<bullet> Regulation 5.18(i) requires each RFED and FCM to prepare
and maintain on a quarterly basis a calculation of nondiscretionary
retail forex customer accounts open for any period of time during the
quarter that were profitable, and the percentage of such accounts that
were not profitable.
<bullet> Regulation 5.18(j) requires the chief compliance officer
of each RFED and FCM to certify annually that the firm has in place
processes to establish, maintain, review, modify and test policies and
procedures reasonably designed to achieve compliance with the Act,
rules, regulations and orders thereunder.
<bullet> Regulation 5.19 requires each RFED, FCM, CPO, CTA, and IB
subject to part 5 to submit to the Commission copies of any dispositive
or partially dispositive decision for which a notice of appeal has been
filed in any material legal proceeding (1) to which the firm is a party
to or to which its property or assets is subject with respect to retail
forex transactions, or (2) instituted against any person who is a
principal of the firm arising from conduct in such person's capacity as
a principal of that firm.
<bullet> Regulation 5.20 requires RFEDs, FCMs and IBs to submit
documentation requested pursuant to certain types of special calls by
the Commission.
<bullet> Regulation 5.23 requires RFEDs, FCMs and IBs to notify the
Commission regarding bulk transfers and bulk liquidations of customer
accounts.
The rules establish reporting and recordkeeping requirements that
are necessary to implement the provisions of the Food, Conservation,
and Energy Act of 2008 \2\ regarding off-exchange transactions in
foreign currency with members of the public. The rules are intended to
promote customer protection by providing safeguards against
irresponsible or fraudulent business practices.\3\
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\2\ Public Law 110-246, 122 Stat. 1651, 2189-220 (2008).
\3\ See Regulation of Off-Exchange Retail Foreign Exchange
Transactions and Intermediaries, 75 FR 55410, 55416 (Sept. 10,
2010).
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With respect to the collection of information, the CFTC invites
comments on:
<bullet> Whether the proposed collections of information are
necessary for the proper performance of the functions of the
Commission, including whether the information will have a practical
use;
<bullet> The accuracy of the Commission's estimate of the burdens
of the proposed collections of information, including the validity of
the methodology and assumptions used;
<bullet> Ways to enhance the quality, usefulness, and clarity of
the information to be collected; and
<bullet> Ways to minimize the burdens 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).
Burden Statement: The Commission is revising its burden estimate
for 64 respondents, which include RFEDs, FCMs, IBs, CPOs, and CTAs, as
follows:
Estimated Number of Respondents: 64.
Estimated Average Burden Hours Per Respondent: 2,195.\4\
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\4\ This figure has been rounded to the nearest whole number.
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Estimated Total Annual Burden Hours: 140,454.
Frequency of Collection: As applicable.
There are no capital costs or operating and maintenance costs
associated with this collection.
(Authority: 44 U.S.C. 3501 et seq.)
Dated: September 18, 2026.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2026-19338 Filed 9-21-26; 8:45 am]
BILLING CODE 6351-01-P
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