Ownership and Control Reports, Forms 102/102S, 40/40S, and 71 (Trader and Account Identification Reports)

Forms and Documents

Document Name	Status
Form CFTC Form 102* (*1 Ownership and Control Reports, Forms 102/102S, 40/40S, and 71 Form and Instruction	Modified
(2020) Supporting Statement - 0103 OCR Final.docx Supporting Statement A	2020-10-28

IC Document Collections

IC ID	Document Title	Status
203657	Ownership and Control Reports, Forms 102/102S, 40/40S, and 71 Form and Instruction	Modified

ICR Details

OMB Control No: 3038-0103	ICR Reference No: 202010-3038-007
Status: Active	Previous ICR Reference No: 201707-3038-002
Agency/Subagency: CFTC	Agency Tracking No:
Title: Ownership and Control Reports, Forms 102/102S, 40/40S, and 71 (Trader and Account Identification Reports)
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: 01/08/2021
	Date Received in OIRA: 10/28/2020
Terms of Clearance: The the changes approved in this ICR are due to change in agency estimate.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2024	36 Months From Approved	01/31/2021
Responses	660,412	0	225,742
Time Burden (Hours)	188,080	0	189,995
Cost Burden (Dollars)	18,898,000	0	14,273,667

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Abstract: The Commodity Futures Trading Commission adopted rules and related forms to enhance its identification of futures and swap market participants. The information collections included in this renewal (“OCR information collections”) are part of the Commodity Futures Trading Commission’s (“CFTC”) implementation of §§ 4a, 4c(b), 4g, and 4i of the Commodity Exchange Act (“Act”). These sections in the Act authorize and require the CFTC to regulate various financial markets, including futures, swaps, and commodities. The information contained in the OCR information collections is necessary for the CFTC to carry out these regulatory functions, including information necessary for the CFTC’s market surveillance function.

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Authorizing Statute(s): PL: Pub.L. 111 - 203 124 Stat. 1376 (2010) Name of Law: Dodd-Frank
   US Code: 7 USC 6a, 6c(b), 6g, 6i, 6t,6s, 7b-3 Name of Law: Reporting & Recordkeeping
  

Citations for New Statutory Requirements: US Code: 7 USC 6i Name of Law: Reports of deals equal to or in excess of trading limits
US Code: 7 USC 6t Name of Law: Large swap trader reporting
US Code: 7 USC 6s Name of Law: Registration and regulation of swap dealers and major swap participants
PL: Pub.L. 111 - 203 124 Stat. 1376 (2010) Name of Law: Dodd-Frank
US Code: 7 USC 7b-3 Name of Law: Swap execution facilities
US Code: 7 USC 6a Name of Law: Excessive Speculation
US Code: 7 USC 6g Name of Law: Reporting and recordkeeping

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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:
	85 FR 51022	08/19/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 68310	10/28/2020
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
Ownership and Control Reports, Forms 102/102S, 40/40S, and 71	CFTC Form 102* (*102A, 102B, 102S), CFTC Form 71, CFTC Form 40	Identification of Special Accounts, Volume Threshold Accounts, and Consolidated Accounts ,   Identification of Omnibus Accounts and Sub-Accounts ,   Statement of Reporting Trader

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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	660,412	225,742	0	434,670	0	0
Annual Time Burden (Hours)	188,080	189,995	0	-1,915	0	0
Annual Cost Burden (Dollars)	18,898,000	14,273,667	0	4,624,333	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: Change results from changes to the estimates of the number of respondents, responses, and an increase in estimated hourly costs based on the most recent data.

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Annual Cost to Federal Government: $454,955

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

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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: 10/28/2020

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