Registration under the Commodity Exchange Act

Forms and Documents

Document	Type	Status	Availability
Form Form 7-R Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations	Form and Instruction	Modified	Repair queued
(2019) 3038-0005 Supporting Statement.part 4 final rules.2019.11.26 (final).docx	Supporting Statement B	Uploaded 2019-12-10	Available
(2020) Form 8-R PRA Supporting Stmt 2020 0023 & 0072 Final.pdf	Supporting Statement A	Uploaded 2020-09-24	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
220868	Alternative to Fingerprinting Requirement For Foreign Natural Persons		Unchanged
201477	Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations	Form and Instruction	Modified

ICR Details

OMB Control No: 3038-0023	ICR Reference No: 202009-3038-004
Status: Active	Previous ICR Reference No: 201912-3038-002
Agency/Subagency: CFTC	Agency Tracking No:
Title: Registration under the Commodity Exchange Act
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: 11/23/2020
	Date Received in OIRA: 09/24/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2023	36 Months From Approved	03/31/2023
Responses	89,764	0	77,492
Time Burden (Hours)	7,856	0	7,469
Cost Burden (Dollars)	0	0	0

---

Abstract: The Commodity Futures Trading Commission (“Commission” or “CFTC”) amended Form 8-R. Form 8-R is the application form that individuals must use to register with the Commission as an associated person of a futures commission merchant, retail foreign exchange dealer, introducing broker, commodity trading advisor, commodity pool operator, leverage transaction merchant; to register as a floor broker or floor trader; or to be listed as a principal of a firm registrant (such individuals referred to herein collectively, as “applicants”). 17 CFR 3.10(a)(2), 3.11(a), and 3.12(c). 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). 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. In connection with the revision of Form 8-R, the Commission is amending collections 3038-0023 and 3038-0072 to reflect a slight change to the information collection burdens associated with the revised version of Form 8-R.

---

Authorizing Statute(s): US Code: 7 USC 13c Name of Law: CEA
   PL: Pub.L. 110 - 246 122 Stat., 1651, 2189-2204 Name of Law: Food Conservation and Energy Act
   US Code: 7 USC 6e, 6f, 6k, 6m, 6n, 6s Name of Law: CEA
   US Code: 7 USC 12a Name of Law: CEA
  

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:
	85 FR 37922	06/24/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 60134	09/24/2020
Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations	Form 8-R, Form 7-R	Firm Application ,   Individual Application
Alternative to Fingerprinting Requirement For Foreign Natural Persons

---

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	89,764	77,492	0	12,272	0	0
Annual Time Burden (Hours)	7,856	7,469	0	387	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: The Commodity Futures Trading Commission amended Form 8-R. Form 8-R is the application form that individuals must use to register with the Commission as an associated person of a futures commission merchant, retail foreign exchange dealer, introducing broker, commodity trading advisor, commodity pool operator, leverage transaction merchant; to register as a floor broker or floor trader; or to be listed as a principal of a firm registrant.

---

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? 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: 09/24/2020

---