Part 40, Provisions Common to Registered Entities

Forms and Documents

Document Name	Status
(2020) Supporting Statement 3038-0093 (NPRM Final 07-15-20).docx Supporting Statement A	2020-10-16

IC Document Collections

IC ID	Document Title	Status
201522	Part 40, Provisions Common To Registered Entities	Modified

ICR Details

OMB Control No: 3038-0093	ICR Reference No: 202007-3038-002
Status: Historical Inactive	Previous ICR Reference No: 202005-3038-001
Agency/Subagency: CFTC	Agency Tracking No:
Title: Part 40, Provisions Common to Registered Entities
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: 10/22/2020
	Date Received in OIRA: 07/15/2020
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. 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 and information collection instrument (e.g., form).

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2023	36 Months From Approved	07/31/2023
Responses	7,000	0	7,000
Time Burden (Hours)	14,000	0	14,000
Cost Burden (Dollars)	0	0	0

---

Abstract: The requested information is essential to the staff's review of submissions and the Commission's oversight of the self-regulatory actions of designated contract markets, swap execution facilities, derivatives clearing organizations, and swap data repositories. Proposed Electronic Trading Risk Principles seeks to update Commission rules in response to the evolution from pit trading to electronic trading. The risk principles proposed in the NPRM are focused on electronic trading and order routing by DCMs and market participants. The proposed risk principles are intended to mitigate the risk of market disruption and promote market integrity in connection with the trading on DCMs. Proposed Commission regulation 38.251(e) would require DCMs to adopt and implement rules governing market participants subject to their jurisdiction to prevent, detect, and mitigate market disruptions or system anomalies associated with electronic trading. DCMs are required to submit any rules addressing market disruptions or system anomalies associated with electronic trading to the Commission for adoption pursuant to §40.5 or §40.6. The obligations created by the proposed rules are essential to promote market integrity and reduce instances of market disruptions.

---

Authorizing Statute(s): US Code: 7 USC 12a(5) Name of Law: CEA
   US Code: 7 USC 7a-2 Name of Law: Procedures for Registered Entities, etc.
   US Code: 7 USC 5(b) Name of Law: CEA
   US Code: 7 USC 7(d)(4) Name of Law: CEA
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3038-AF04	Proposed rulemaking	85 FR 42761	07/15/2020

---

Federal Register Notices & Comments

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
Part 40, Provisions Common To Registered Entities

---

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Burden hours will increase because proposed § 38.251(e) will increase the analysis and number of filings required of DCMs in connection with the adoption and implementation of rules to prevent, detect, and mitigate market disruptions or system anomalies associated with electronic trading.

---

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.     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? No

---

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: 07/15/2020

---