General Regulations and Derivatives Clearing Organizations

Forms and Documents

Document Name	Status
General Regulations and Derivatives Clearing Organizations-Subpart C Form and Instruction	New
SIDCO Subsec C DCOs - FINAL Supporting Statement (clean).doc Supporting Statement B	2013-08-15
Supporting Statement (11-29-11).doc Supporting Statement A	2011-11-29

IC Document Collections

IC ID	Document Title	Status
208221	General Regulations and Derivatives Clearing Organizations-Subpart C Form and Instruction	New
195608	General Regulations and Derivatives Clearing Organizations	Unchanged

ICR Details

OMB Control No: 3038-0081	ICR Reference No: 201308-3038-002
Status: Historical Inactive	Previous ICR Reference No: 201110-3038-004
Agency/Subagency: CFTC	Agency Tracking No:
Title: General Regulations and Derivatives Clearing Organizations
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 09/23/2013
	Date Received in OIRA: 08/16/2013
Terms of Clearance: Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR. The agency shall examine public comment in response to the NPRM and will describe in the supporting statement of its next collection any public comments received regarding the collection as well as why (or why it did not) incorporate the commenter’s recommendation. The next submission to OMB must include the draft final rule.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2015	36 Months From Approved	02/28/2015
Responses	12	0	12
Time Burden (Hours)	960	0	960
Cost Burden (Dollars)	97,000	0	97,000

---

Abstract: The Commodity Exchange Act ("CEA") as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act") requires swap dealers and major swap participants to comply with certain duties. The Proposed regulations would require recordkeeping in relation to these duties and filing of risk management policies and reports with the Commission. The Commission will use this information to assess compliance with Commission regulations. The Commission is proposing amendments to its regulations to establish additional standards for compliance with the derivatives clearing organization (DCO) core principles set forth in Section 5b(c)(2) of the Commodity Exchange Act for systemically important DCOs (SIDCO) and DCOs that elect to opt-in to the SIDCO regulatory requirements which would comport with certain international standards. The additional requirements would address any remaining gaps between the Commissions existing regulations and the Principles for Financial Market Infrastructures published by the Committee on Payment and Settlement Systems and the Board of the International Organization of Securities Commissions. The proposed regulations include recordkeeping and reporting requirements that would be collections of information requiring approval under the PRA, which is being sought by amending collection 3038-0081.

---

Authorizing Statute(s): PL: Pub.L. 111 - 203 124 Stat. 1376 (2010) Name of Law: Dodd-Frank Act
   US Code: 7 USC 2, 7a-1 and 12a Name of Law: Commodity Exchange Act
   US Code: 12 USC 5464 Name of Law: null
   US Code: 15 USC 8325 Name of Law: null
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 203 124 Stat. 1376 (2010) Name of Law: Dodd - Frank Act

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3038-AE06	Proposed rulemaking	78 FR 50260	08/16/2013

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
General Regulations and Derivatives Clearing Organizations-Subpart C	N/A	Subpart C Form and Instructions
General Regulations and Derivatives Clearing Organizations

---

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: Please see second paragraph in abstract above, which explains fully the reason for the program change and the increase in burden.

---

Annual Cost to Federal Government: $156,464

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]? Yes

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

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: 08/16/2013

---