Registration of Foreign Boards of Trade

Forms and Documents

Document Name	Status
Form Appendix to Part 4 Registration of Foreign Boards of Trade Form	Modified
2018 Supporting Statement 3038-101 - final.docx Supporting Statement A	2018-10-29
30 Day FR Notice 2018 3038-0101.pdf Supplementary Document	2018-10-29
60-Day FR Notice for PRA 3038-0101.pdf Supplementary Document	2018-10-24

IC Document Collections

IC ID	Document Title	Status
195217	Registration of Foreign Boards of Trade Form	Modified

ICR Details

OMB Control No: 3038-0101	ICR Reference No: 201810-3038-005
Status: Historical Active	Previous ICR Reference No: 201510-3038-001
Agency/Subagency: CFTC	Agency Tracking No:
Title: Registration of Foreign Boards of Trade
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: 12/21/2018
	Date Received in OIRA: 10/29/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2020	36 Months From Approved	12/31/2018
Responses	2,223	0	2,255
Time Burden (Hours)	8,630	0	11,756
Cost Burden (Dollars)	0	0	0

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Abstract: The rules implement statutory provisions enacted by Title VII of the Dodd-Frank Act. These rules establish a registration requirement that applies to foreign boards of trade (FBOT) that wish to provide their identified members or other participants located in the United States with direct access to their electronic trading and order matching systems. Information is used to ensure registered FBOTs continue to meet the requirements for registration and provide necessary information regarding their activities, performance, and status, to demonstrate that they meet the conditions required to be met in order to retain their registration.

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Authorizing Statute(s): PL: Pub.L. 111 - 203 7 USC 6(b) Name of Law: Foreign Boards of Trade
   US Code: 7 USC 6(b)(1) Name of Law: Regulations of Futures Trading and Foreign Transactions
  

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:
	83 FR 39989	08/13/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 54327	10/29/2018
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Registration of Foreign Boards of Trade	Appendix to Part 48, Cont. of Appendix Pt. 48	FBOT ,   FBOT

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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	2,223	2,255	0	-32	0	0
Annual Time Burden (Hours)	8,630	11,756	0	-3,126	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 total number of registered FBOTs required to make reports quarterly and annually is estimated to be reduced from 27 to 23 entities, thus reducing one set of reporting burden from 972 to 846 hours. The number of registered FBOTs permitting swaps to be traded by direct access remains unchanged at two, thereby continuing an estimated total annual burden of 4160 hours. The number of registered FBOTs permitting a linked contract to be traded by direct access also remains unchanged at two, thereby continuing an estimated total annual burden of 3624 hours. Thus the estimated annual aggregate burden hours are 8630 (846 + 4160 + 3624 = 8630).

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Annual Cost to Federal Government: $359,991

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.     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: 10/29/2018

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