2020 30-Day FRN 3038-0103

Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Notices
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)
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

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.

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SUMMARY:

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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
1 17

CFR 145.9.
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.
2 See

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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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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.

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.

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

In the Matter of: HSN, Inc., CPSC Docket
No.: 24–C0001

Dated: November 6, 2023.
Robert Sidman,
Deputy Secretary of the Commission.
BILLING CODE 6351–01–P

CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 24–0001]

HSN, Inc.
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:

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,

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United States of America
Consumer Product Safety Commission

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.

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

SUMMARY:

Dated: November 7, 2023.
Sarah Bock,
Paralegal Specialist.

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).

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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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