Disclosure and Retention of Certain Information Relating to Cleared Swaps Customer Collateral

Forms and Documents

Document	Type	Status	Availability
SUPPORTING STATEMENT 0091.docx	Supplementary Document	Uploaded 2013-10-30	Available
SUPPORTING STATEMENT 0091 - (BEL) AMENDED 02 05 13.docx	Supporting Statement A	Uploaded 2013-10-30	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
209115	Enhancing Protections Afforded Customers and Customer Funds Held by FCMs and DCOs		New
198102	Protection of Cleared Swap Customer Contracts and Collateral Conforming Amendments to the Commodity Broker Bankruptcy Provision		Unchanged

ICR Details

OMB Control No: 3038-0091	ICR Reference No: 201310-3038-006
Status: Historical Active	Previous ICR Reference No: 201309-3038-007
Agency/Subagency: CFTC	Agency Tracking No:
Title: Disclosure and Retention of Certain Information Relating to Cleared Swaps Customer Collateral
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: 09/19/2014
	Date Received in OIRA: 11/14/2013
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2017	36 Months From Approved	10/31/2016
Responses	26,212	0	112
Time Burden (Hours)	62,600	0	36,500
Cost Burden (Dollars)	626,000	0	1,212

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Abstract: The Commission now is finalizing rules to enhance certain provisions of its regulations to strengthen the protection of customer collateral held by its registrants, specifically to prevent unauthorized usage of customer funds by FCMs (the "Customer Protection Collection"). This includes modifications to existing rules respecting the collateral of cleared swaps customers, under the proposed rule, 77 FR 67866, submitted on November 14, 2012 to OMB under previous ICR Reference Number 201211-3038-005. The Commission is newly adopting § 22.17 and revising § 22.2(g) of its regulations, which require additions and revisions to this collection with respect to the recordkeeping and reporting associated with each of these rules.

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Authorizing Statute(s): US Code: 7 USC 1a, 6d, 7a-1 Name of Law: CEA
  

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

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3038-AD88	Final or interim final rulemaking	78 FR 68506	11/14/2013

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Protection of Cleared Swap Customer Contracts and Collateral Conforming Amendments to the Commodity Broker Bankruptcy Provision
Enhancing Protections Afforded Customers and Customer Funds Held by FCMs and DCOs

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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	26,212	112	0	26,100	0	0
Annual Time Burden (Hours)	62,600	36,500	0	26,100	0	0
Annual Cost Burden (Dollars)	626,000	1,212	0	624,788	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: The Commission is newly adopting § 22.17 and revising § 22.2(g) of its regulations, which require additions and revisions to this collection with respect to the recordkeeping and reporting associated with each of these rules. The Commission estimates that the rules, which build upon the already existing framework in part 22, will increase burden hours by approximately 10 minutes per day for an anticipated 100 entities.

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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]? 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

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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: 11/14/2013

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