Registration Under the Commodity Exchange Act

Forms and Documents

Document Name	Status
Form 7R Regulation Automated trading Form and Instruction	New
Form 7R Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations Form and Instruction	Modified
Consolidated Supporting Statement RegAT and Fingerprinting Proposal 1-7-16.docx Supporting Statement A	2016-01-07

IC Document Collections

IC ID	Document Title	Status
219512	Alternative to Fingerprinting Requirement For Foreign Natural Persons	New
219127	Regulation Automated trading Form and Instruction	New
201477	Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations Form and Instruction	Modified

ICR Details

OMB Control No: 3038-0023	ICR Reference No: 201512-3038-005
Status: Historical Inactive	Previous ICR Reference No: 201412-3038-002
Agency/Subagency: CFTC	Agency Tracking No:
Title: Registration Under the Commodity Exchange Act
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: 02/11/2016
	Date Received in OIRA: 12/17/2015
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	11/30/2018	36 Months From Approved	11/30/2018
Responses	78,109	0	78,109
Time Burden (Hours)	7,030	0	7,030
Cost Burden (Dollars)	0	0	0

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Abstract: A. In Regulation Automated Trading, Commission seeks to update Commission rules in response to the evolution from pit trading to electronic trading. In addition to mitigating risks arising from algorithmic trading activity, the proposed rules are intended to increase transparency around DCM electronic trade matching platforms and the use of self-trade prevention tools on DCMs. The proposed Commission Regulation § 1.3(x)(3) would require certain floor traders with Direct Electronic Access to prepare and submit forms to register with the Commission. The collection of information is necessary to determine fitness for registration under the Act and to prevent and mitigate risks arising from algorithmic trading activity. The obligations created by the proposed rules are essential to avoid prevent disruptions to market integrity, avoid systemic risk and promote responsible innovation and fair competition among boards of trade, other markets and market participants. B. The Fingerprinting Proposal generally codifies DSIO Staff Letters 12-49 and 13-29, thereby giving certainty to market participants while removing an impediment to participation in United States’ commodity interest markets by foreign natural persons. At the same time, it will ensure the protection of market participants and the general public by continuing to require that all futures and swaps industry professionals who deal with the public meet minimum standards of fitness and competency. One of the requirements of the proposal is that those availing themselves of it submit a certification to NFA relating to the background check of the relevant foreign natural person and maintain records relating thereto pursuant to Commission regulation 3.21.

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Authorizing Statute(s): US Code: 7 USC 1a(23), 5(b), 6c(a)(6), 12a(5) Name of Law: CEA
   US Code: 7 USC 6e, 6f, 6k, 6m, 6n, 12a, 13c Name of Law: CEA
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3038-AD52	Proposed rulemaking	80 FR 78823	12/17/2015

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 1359	01/12/2016
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Alternative to Fingerprinting Requirement For Foreign Natural Persons
Regulation Automated trading	7R, 8R	Firm Application ,   Floor Trader Order Enterer Application
Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations	8R, 7R	Firm Application ,   Floor Trader Order Enterer Application

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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: No

Burden Reduction Due to:

Short Statement: A. Regulation Automated Trading: Burden hours will increase due to an increase in the number of persons expected to apply for and maintain registration. Proposed § 1.3(x)(3) will create an additional category of registrants. B. Fingerprinting Proposal: The proposed amendment to Regulation 3.21 would allow SDs and MSPs to elect to submit a certification in lieu of submitting a fingerprint card for certain foreign natural persons. The Commission estimates that the proposed rule will result in an aggregate burden hours increase of 495.0 hours (198 respondents X 2.5 hours/respondent).

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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: 12/17/2015

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