Regulation 16.02 - Daily Trade and Supporting Data Reports

Forms and Documents

Document Name	Status
(2022) 30-Day FR Notice - 3038-0061.pdf Supplementary Document	2022-07-28
(2022) 60-day FR notice -3038-0061.pdf Supplementary Document	2022-07-27
(2022) Supporting Statement 3038-0061 - final 07-27-22.docx Supporting Statement A	2022-07-27

IC Document Collections

IC ID	Document Title	Status
187520	Regulation 16.02	Modified

ICR Details

OMB Control No: 3038-0061	ICR Reference No: 202207-3038-012
Status: Received in OIRA	Previous ICR Reference No: 201906-3038-011
Agency/Subagency: CFTC	Agency Tracking No:
Title: Regulation 16.02 - Daily Trade and Supporting Data Reports
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/28/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	09/30/2022
Responses	5,000	3,750
Time Burden (Hours)	10,000	7,500
Cost Burden (Dollars)	0	0

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Abstract: The information is needed to ensure the Commission has access to transaction-level trade data and related order information for each transaction executed on a Reporting Market. The Commission analyzes the trade data and supporting data reports that are submitted pursuant to 17 CFR 16.02 to conduct financial, market, and trade practice surveillance. The Commission uses the collection of information to discharge its regulatory responsibilities, including the responsibilities to prevent market manipulations and commodity price distortions and ensure the financial integrity of its jurisdictional markets.

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Authorizing Statute(s): US Code: 7 USC 2 Name of Law: Exempt Markets
   US Code: 7 USC 6a, 6c, 6g, 6i Name of Law: Exempt Markets
   US Code: 7 USC 7, 7b-3
  

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:
	87 FR 31217	05/23/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 45303	07/28/2022
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
Regulation 16.02

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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	5,000	3,750	0	1,250	0	0
Annual Time Burden (Hours)	10,000	7,500	0	2,500	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 estimated total annual burden cost to respondents for this collection has increased from the estimate reported previously for this collection. The estimated increase is due to an increase in the estimated number of Reporting Markets, from 15 in 2019 to 20 currently, that provide reports to the Commission pursuant to Commission Rule 16.02.

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Annual Cost to Federal Government:

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: 07/28/2022

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