Notification of Pending Legal Proceedings

Forms and Documents

Document Name	Status
(2021) 30-day FR Notice - 3038-0033.pdf Supplementary Document	2021-10-29
(2021) 3038-0033 - 60-Day FR Notice.pdf Supplementary Document	2021-10-29
(2021) 3038-0033 Supporting Statement - final.docx Supporting Statement A	2021-10-29

IC Document Collections

IC ID	Document Title	Status
29078	Notification of Pending Legal Proceedings	Modified

ICR Details

OMB Control No: 3038-0033	ICR Reference No: 202110-3038-001
Status: Received in OIRA	Previous ICR Reference No: 201808-3038-004
Agency/Subagency: CFTC	Agency Tracking No:
Title: Notification of Pending Legal Proceedings
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/29/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2021
Responses	97	79
Time Burden (Hours)	24	16
Cost Burden (Dollars)	0	0

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Abstract: The Commodity Futures Trading Commission has been entrusted by Congress with the administration and the enforcement of the Commodity Exchange Act (“Act”). Legal proceedings instituted by private parties or other governmental authorities may affect the Commission’s efforts in this regard. The interpretation of the responsibilities imposed by the Act on contract markets and their officials and on futures commission merchants (“FCMs”) and their principals is of primary importance to the Commission in its efforts to establish and administer a uniform regulatory scheme in this area.

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Authorizing Statute(s): US Code: 7 USC 5 Name of Law: Contract Markets; Registration; Proceedings
   US Code: 7 USC 1a Name of Law: Contract Markets; Registration; Proceedings
   US Code: 7 USC 6 Name of Law: Contract Markets; Registration; Proceedings
   US Code: 7 USC 6a-6s Name of Law: Contract Markets; Registration; Proceedings
   US Code: 7 USC 7a-1, 7a-2, 7b, 7b-3 Name of Law: Contract Markets; Registration; Proceedings
   US Code: 7 USC 8 Name of Law: Contract Markets; Registration; Proceedings
   US Code: 7 USC 9 Name of Law: Contract Markets; Registration; Proceedings
   US Code: 7 USC 2 Name of Law: Contract Markets; Registration; Proceedings
   US Code: 7 USC 10a Name of Law: Contract Markets; Registration; Proceedings
   US Code: 7 USC 12, 12a, 12c Name of Law: Contract Markets; Registration; Proceedings
   US Code: 7 USC 13a, 13a-1 Name of Law: Contract Markets; Registration; Proceedings
   US Code: 7 USC 16, 16a Name of Law: Contract Markets; Registration; Proceedings
   US Code: 7 USC 19 Name of Law: Contract Markets; Registration; Proceedings
   US Code: 7 USC 21 Name of Law: Contract Markets; Registration; Proceedings
   US Code: 7 USC 23 Name of Law: Contract Markets; Registration; Proceedings
   US Code: 7 USC 24 Name of Law: Contract Markets; Registration; Proceedings
  

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:
	86 FR 47087	08/23/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 59698	10/28/2021
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
Notification of Pending Legal Proceedings

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ICR Summary of Burden

	Total Request	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	97	79	0	18	0	0
Annual Time Burden (Hours)	24	16	0	8	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: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: The current number of registrants, 97, has increased from the previous 79 in 2018, due to an increase in registration and due to the inclusion of SEFs. Additionally, the response time has been adjusted from .2 to .25. Accordingly, the total annual burden on respondents has also been increased, from 15.8 hrs. (79 x 0.20 = 15.8) in 2018 to 24.25 hrs. (97 x .25 = 24.25), rounded to 24 hrs. in 2021.

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Annual Cost to Federal Government: $100

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]? No

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: 10/29/2021

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