Procedural Requirements for Requests for Interpretative, No- Action and Exemptive Letters

Forms and Documents

Document Name	Status
Supporting Statement 3038-0049 5.31.17.doc Supporting Statement A	2017-05-31
30-day Notice 5-31-17.pdf Supplementary Document	2017-05-31
3038-0049--60-day FRN.pd.pdf Supplementary Document	2017-03-30

IC Document Collections

IC ID	Document Title	Status
29095	Procedural Requirements for Requests for Interpretative, No- Action and Exemptive Letters	Modified

ICR Details

OMB Control No: 3038-0049	ICR Reference No: 201703-3038-004
Status: Historical Active	Previous ICR Reference No: 201401-3038-002
Agency/Subagency: CFTC	Agency Tracking No:
Title: Procedural Requirements for Requests for Interpretative, No- Action and Exemptive Letters
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: 07/31/2017
	Date Received in OIRA: 05/31/2017
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2020	36 Months From Approved	07/31/2017
Responses	778	0	31,194
Time Burden (Hours)	2,704	0	28,478
Cost Burden (Dollars)	0	0	0

---

Abstract: In order to process and evaluate requests for interpretative, no-action and exemptive letters the Commission requires accurate and complete background information concerning the persons and acitivities involved, the relief requested, and the legal or other authorities for and against the request. Specific procedures save time and resources for requesters and Commission staff.

---

Authorizing Statute(s): US Code: 7 USC 12(a) Name of Law: Commodity Exchange Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 15514	03/29/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 24956	05/31/2017
Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
Procedural Requirements for Requests for Interpretative, No- Action and Exemptive Letters

---

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	778	31,194	0	-30,416	0	0
Annual Time Burden (Hours)	2,704	28,478	0	-25,774	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: The annual information collection estimates for this renewal period are projected to be lower than the prior renewal period because the burden hour estimates in the prior renewal period reflected anticipated increases in requests for interpretative letters and no-action relief following the implementation of the Wall Street Reform and Consumer Protection Act. As noted in the notice of intent to renew this information collection issued in 2013, such increases were not expected to be permanent. The burden hour estimates were projected to drop significantly after the first year of that renewal period. Again, Commission staff believes that its experience over the most recent calendar year provides sound support for its calculation of the projected information collections burdens for the following three years. It also should be noted that the burden hour calculations in the prior renewal period included burden hours related to Commission regulation 41.3(b). Because the information collection burdens related to that regulation are now included under OMB number 3038-0059, they are no longer included in this OMB number.

---

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

---

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: 05/31/2017

---