Regulation 36.3 - Exempt Commercial Market Submission Requirements

Forms and Documents

Document Name	Status
Form 205 Regulation 36.3 - Exempt Commercial Market Submission Requirements Form	New
PRAC-New[12-2008] 36.3 -(ECMs).doc Supporting Statement A	2008-12-11

IC Document Collections

IC ID	Document Title	Status
187519	Regulation 36.3 - Exempt Commercial Market Submission Requirements Form	New

ICR Details

OMB Control No: 3038-0060	ICR Reference No: 200812-3038-003
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: CFTC	Agency Tracking No:
Title: Regulation 36.3 - Exempt Commercial Market Submission Requirements
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Preapproved	Conclusion Date: 03/06/2009
	Date Received in OIRA: 12/19/2008
Terms of Clearance: Pre-approval contingent upon no substantive changes to this collection after adoption of the final rule. Otherwise this collection should be re-submitted to OMB for review.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2012	36 Months From Approved
Responses	2,888	0	0
Time Burden (Hours)	1,593	0	0
Cost Burden (Dollars)	4,852	0	0

---

Abstract: This data collection will be used to monitor for potential significant price discovery contracts (SPDCs) traded on exempt commercial markets (ECMs) and to regulate the trading of SPDCs and the ECMs that list such contracts for trading.

---

Authorizing Statute(s): US Code: 7 USC 2 Name of Law: Exempt Markets
   US Code: 7 USC 5 Name of Law: Exempt Markets
   US Code: 7 USC 6, 6c Name of Law: Exempt Markets
   US Code: 7 USC 12a Name of Law: Exempt Markets
  

Citations for New Statutory Requirements: US Code: 7 USC 2 Name of Law: Exempt Markets
US Code: 7 USC 5 Name of Law: Exempt Markets
US Code: 7 USC 6, 6c Name of Law: Exempt Markets
US Code: 7 USC 12a Name of Law: Exempt Markets

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3038-AC48	Proposed rulemaking	73 FR 75888	12/12/2008

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Regulation 36.3 - Exempt Commercial Market Submission Requirements	205	Exempt Commercial Market ("ECM") Annual Certification

---

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	2,888	0	0	2,888	0	0
Annual Time Burden (Hours)	1,593	0	0	1,593	0	0
Annual Cost Burden (Dollars)	4,852	0	0	4,852	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: New Collection - Not Applicable.

---

Annual Cost to Federal Government: $8,800

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/19/2008

---