Rules Relating to the Operations and Activities of Commodity Pool Operators and Commodity trading Advisors and to Monthly Reporting by Futures Commission Merchants

Forms and Documents

Document	Type	Status	Availability
Form CTA-PR Part-4 Commodity Pool Operators and Commodity Trading Advisors	Form and Instruction	Modified	Available
3038-0005 Supporting Statement.part 4 NPRM 10-5-18.docx	Supporting Statement A	Uploaded 2018-10-05	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
29006	Part-4 Commodity Pool Operators and Commodity Trading Advisors	Form and Instruction	Modified
224332	Commodity Pool Operator Annual Report		Unchanged

ICR Details

OMB Control No: 3038-0005	ICR Reference No: 201810-3038-001
Status: Historical Inactive	Previous ICR Reference No: 201701-3038-005
Agency/Subagency: CFTC	Agency Tracking No:
Title: Rules Relating to the Operations and Activities of Commodity Pool Operators and Commodity trading Advisors and to Monthly Reporting by Futures Commission Merchants
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: 01/30/2019
	Date Received in OIRA: 10/18/2018
Terms of Clearance: _

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2020	36 Months From Approved	03/31/2020
Responses	129,042	0	129,042
Time Burden (Hours)	365,764	0	365,764
Cost Burden (Dollars)	0	0	0

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Abstract: The disclosure, filing, and recordkeeping requirements within part 4 of the Commission regulations, including the information collection related to optional annual report in Regulation 4.22 for eligible CPOs, were established to assist customers, to facilitate the Commission and NFA in monitoring compliance with the part 4 rules, and to enable the Commission to better monitor the market risks posed by its registrants. The Commission is proposing several new exemptions and an exclusion to part 4 that generally would provide relief from CPO and/or CTA registration and compliance. To claim the new exemptions or exclusion applicable to CPOs, the Commission is also proposing to require new notice filings to be completed when the relief is first claimed, and subsequently, on an annual basis to affirm each claim. This information collection is necessary to enable the Commission and NFA to accomplish the purposes of the compliance regime set forth in part 4 of the Commission’s regulations. Failure to require the information in this collection would severely hamper these efforts. These records also provide the Commission with its source of independent aggregated financial information concerning the commodity pool industry, which informs the Commission’s policy decision-making. The Commission also intends to use the annual notices collected hereunder to assess the efficacy of registration exemptions and exclusions for CPOs and CTAs, and to determine if or where additional amendments to those provisions should be considered.

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Authorizing Statute(s): US Code: 7 USC 6(c), 6b, 6c Name of Law: CEA
   US Code: 7 USC 6l, 6m, 6n, 6o Name of Law: CEA
   US Code: 7 USC 1a, 2, 12a, 23 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-AE76	Proposed rulemaking	83 FR 52902	10/18/2018

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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
Part-4 Commodity Pool Operators and Commodity Trading Advisors	CTA-PR, CPO-PQR	CTA-PR ,   CPO-PQR
Commodity Pool Operator Annual Report

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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: Changing Regulations

Short Statement: The burden hours have been adjusted in this information collection to reflect the additional burden associated with the notice filings proposed to be required for newly proposed CPO and CTA exemptions and exclusions, as well as to better align the total burden hours with the current number of registrants subject to the various provisions included within this collection. The current burden calculation presented in this revised information collection is a more accurate estimate of the total burden hours under this information collection.

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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.     No

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: 10/18/2018

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