Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations

Forms and Documents

Document	Type	Status	Availability
Form 7-R Registration Under the Commodity Exchange Act	Form	Removed	Repair queued
Form 7R Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations	Form and Instruction	New	Repair queued
3038-0023-FINAL RULE (2-24-12).pdf	Supplementary Document	Uploaded 2012-03-29	Repair queued
3038-0023 PRA Part 3 Supporting Statement Clean FINAL.doc	Supporting Statement A	Uploaded 2012-03-07	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
29059	Registration Under the Commodity Exchange Act	Form	Removed
201477	Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations	Form and Instruction	New

ICR Details

OMB Control No: 3038-0023	ICR Reference No: 201203-3038-004
Status: Historical Active	Previous ICR Reference No: 201203-3038-003
Agency/Subagency: CFTC	Agency Tracking No:
Title: Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/29/2012
	Date Received in OIRA: 03/07/2012
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2015	36 Months From Approved	03/31/2012
Responses	78,109	0	73,694
Time Burden (Hours)	7,030	0	6,632
Cost Burden (Dollars)	0	0	0

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Abstract: The Commodity Futures Trading Commission is adopting new data collections for CPO's and CTAs that are consistent with the data collection required under Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act for entities registered with both the Commission and the Securities and Exchange Commission. This revision to the existing collection reflects new entrants.

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Authorizing Statute(s): PL: Pub.L. 110 - 246 122 Stat., 1651, 2189-2204 Name of Law: Food Conservation and Energy Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3038-AC61	Final or interim final rulemaking	77 FR 11252	02/24/2012

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 7976	02/11/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 11252	03/24/2012
Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations	8R, 7R	Firm Application ,   Individual Application
Registration Under the Commodity Exchange Act	8-R, 8-T, 3-R, 7-R	Firm Application ,   Individual Application ,   Individual Withdrawal ,   Supplemental Statement to Application for Request of ATM

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ICR Summary of Burden

	Total Approved	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	78,109	73,694	0	4,415	0	0
Annual Time Burden (Hours)	7,030	6,632	0	398	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The Commission believes that the amendments to the exclusions and exemptions available to commodity pool operators and commodity trading advisors under sections 4.5, 4.13, and 4.14 align with the intent and purpose of the Dodd-Frank Act. Requiring registration of entities engaged in more than a de minimis amount of commodity interest trading will result in greater transparency with respect to derivatives market participants.

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Annual Cost to Federal Government: $200,000

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? Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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: 03/07/2012

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