Registration of Swap Dealers and Major Swap Participants

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form 8-T Registration of Swap Dealers and Major Swap Participants	Form and Instruction	Modified	Available
Notice with Form 8-R.pdf	Supplementary Document	Uploaded 2018-12-12	Available
60-day Notice 4-28-17.pdf	Supplementary Document	Uploaded 2018-12-12	Available
30-day Notice 12-12-18.pdf	Supplementary Document	Uploaded 2018-12-12	Available
Form 8-R PRA Supporting Stmt 11-26-18.doc	Supporting Statement A	Uploaded 2018-12-06	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
219445	Alternative to Figerprinting Requirement For Foreign Natural Persons		Unchanged
195292	Registration of Swap Dealers and Major Swap Participants	Form and Instruction	Modified

ICR Details

OMB Control No: 3038-0072	ICR Reference No: 201808-3038-006
Status: Historical Active	Previous ICR Reference No: 201603-3038-006
Agency/Subagency: CFTC	Agency Tracking No:
Title: Registration of Swap Dealers and Major Swap Participants
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: 01/30/2019
	Date Received in OIRA: 12/12/2018
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2020	36 Months From Approved	06/30/2019
Responses	1,114	0	772
Time Burden (Hours)	672	0	634
Cost Burden (Dollars)	500	0	16,225

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Abstract: This ICR covers the Commodity Futures Trading Commission (“Commission” or “CFTC”) amendments to its Form 8-R. The 8-R is the application form that individuals must use to register with the Commission as an associated person of a registrant, floor broker, or floor trader, or to be listed as a principal of a registrant (collectively, “applicants”). 17 CFR 3.10(a)(2), 3.11(a), and 3.12(c). Form 8-R requests information about the applicant that is necessary to assess the applicant’s fitness to engage in business as a derivatives professional, subject to regulation and oversight by the Commission. Individual applicants have been required to use Form 8-R since 1977. Revision of Registration Forms and Amendment of Related Rules, 42 FR 23988 (May 11, 1977) (Form 8-R replaced Forms 2-R, 4-R and 94). This ICR also addresses the implications of the Form 3-R cancellation. With regards to the Registration of Swap Dealers and Major Swap Participants: Section 731(b) of the Dodd-Frank Act requires swap dealers and major swap participants to register with the Commission. Section 731(d) of the Dodd-Frank Act requires the Commission to adopt rules for persons that are registered as swap dealers or major swap participants. The Collections are in connection with the registration process for registering swap dealers and major swap participants. With regards to the Alternative to Fingerprinting Requirement For Foreign Natural Persons: the alternative to fingerprinting recognized the limitations on usefulness of fingerprints of foreign nationals while also ensuring the continued protection of market participants and the public through submission of a certification to NFA relating to the background check of the relevant foreign natural person and maintainance of records relating thereto pursuant to Commission regulation 3.21.

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Authorizing Statute(s): US Code: 7 USC 6f, 6n, 6s Name of Law: CEA
   PL: Pub.L. 111 - 203 124 Stat. 1376 (2010) Name of Law: Dodd-Frank Act
  

Citations for New Statutory Requirements: None

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

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 19663	04/28/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 63843	12/12/2018
Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

IC Title	Form No.	Form Name
Alternative to Figerprinting Requirement For Foreign Natural Persons
Registration of Swap Dealers and Major Swap Participants	8-T, 7 - R, 7W, Form 8-R	Individual Withdrawal ,   Firm Application ,   Firm Withdrawal ,   Individual Application

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ICR Summary of Burden

table that charts list 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	1,114	772	0	342	0	0
Annual Time Burden (Hours)	672	634	0	38	0	0
Annual Cost Burden (Dollars)	500	16,225	0	-15,725	0	0

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: Existing collections 3038-0023 and 3038-0072 (1st ICs respectively) are being amended to reflect a modest increase in the information collection burdens associated with the new version of Form 8-R. The collection burden associated with the new version of Form 8-R increased by 0.10 hours, resulting in a new collection burden of 0.9 hours for Form 8-R. In addition, an additional .10 hours from the burden associated with the cancelled Form 3-R, has been reassigned to Form 8-R. Thus, the new burden for Form 8-R is estimated to be 1 hour. However, the total burden estimate reflects the average number of hours per response across all of the registration forms (Forms 7-R, 8-R, 7-W, and 8-T), which is consistent with the historical practice of the Commission of addressing the burden estimates in aggregate, rather than separately on a form-by-form basis. The Commission is also amending collections 3038-0023 and 3038-0072 to more accurately reflect the number of responses accross the four Commission registration forms (Forms 7-R, 8-R, 7-W, and 8-T), all of which are filed on an “as needed” basis, upon registering or when registration information changes, including withdrawal of registration.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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: 12/12/2018

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