Commodity Pool Operators and Commodity Trading Advisors: Amendment to Compliance Obligation

Forms and Documents

Document	Type	Status	Availability
Form CPO-PQR Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligation	Form and Instruction	Modified	Repair queued
Error Notice for Burden Worksheet.pdf	Supplementary Document	Uploaded 2012-03-13	Available
3038-0005 PRA Part 4 Supporting Statement OMB changes 3-29 (clean).doc	Supporting Statement A	Uploaded 2012-03-29	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
29006	Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligation	Form and Instruction	Modified

ICR Details

OMB Control No: 3038-0005	ICR Reference No: 201203-3038-007
Status: Historical Active	Previous ICR Reference No: 201110-3038-007
Agency/Subagency: CFTC	Agency Tracking No:
Title: Commodity Pool Operators and Commodity Trading Advisors: Amendment to Compliance Obligation
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 03/29/2012
	Date Received in OIRA: 03/14/2012
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2015	36 Months From Approved	10/31/2014
Responses	69,082	0	9,516
Time Burden (Hours)	272,420	0	370,530
Cost Burden (Dollars)	0	0	0

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Abstract: There is an error on the previous Burden Work sheet. Explanation in Supplementary Document. The Commodity Futures Trading Commission is adopting amendments to its existing part 4 regulation and promulgating one new regulation regarding Commodity Pool Operators and Commodity Trading Advisors. The commision is also adopting new data collection forms for CPOs and CTS that are consistent with a data collection required under the Dodd-Frank Act for entities registered with both the Commission and the Security and Exchange Committee through Form PF.

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Authorizing Statute(s): US Code: 7 USC 1, 6m, 1a(11 and 1a(10), Name of Law: CPOs/CTAs Reptng/Rckping
   PL: Pub.L. 111 - 203 124 Stat 1376 (2010) Name of Law: Dodd-Frank
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3038-AD30	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	02/24/2012
Did the Agency receive public comments on this ICR? No

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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 Obligation	CPO-PQR, CTA-PR	CPO-PQR ,   CTA-PR

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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	69,082	9,516	0	59,566	0	0
Annual Time Burden (Hours)	272,420	370,530	0	-98,110	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to: Miscellaneous Actions

Short Statement: This is due to error on previous burden worksheet - See Supplementary Document The increased burden is due to discretionary changes that the Commission has made to Sections 4.5 and 4.14 and the rescission of Section 4.13(a)(4), which modify the exclusions and exemptions available to entities and which results in more entities being subject to the Commission's compliance regime for CPOs and CTAs. Additionally, the Commission modified Sections 4.7, 4.24, and 4.34, which will result in increased compliance burdens for certain registrants. Finally, the Commission adopted Section 4.27 and Forms CPO-PQR and CTA-PR, which require registrants to report certain data to the Commission on a regular basis.

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Annual Cost to Federal Government: $0

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]? 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: 03/14/2012

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