Registration of Swap Dealers and Major Swap Participants

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form Form 8-R Individual Application	Form and Instruction	Unchanged	Available
Form 7W Firm Withdrawal	Form and Instruction	Unchanged	Available
Form 7 - R Firm Application	Form and Instruction	Unchanged	Available
Form 8-T Individual Withdrawal	Form and Instruction	Unchanged	Available
Form 8-T Registration of Swap Dealers and Major Swap Participants	Form and Instruction	Unchanged	Repair queued
(2023) 3038-0072 - 30-Day FR Notice.pdf	Supplementary Document	Uploaded 2023-07-06	Repair queued
(2023) 3038-0072 -60-Day FR Notice.pdf	Supplementary Document	Uploaded 2023-07-06	Repair queued
(2023) 3038-0072 -PRA Supporting Statement - 06-21-23 - final.docx	Supporting Statement A	Uploaded 2023-07-06	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
238966	Comparability Determinations for the Group A and B Requirements		Unchanged
219445	Alternative to Figerprinting Requirement For Foreign Natural Persons		Modified
195292	Registration of Swap Dealers and Major Swap Participants	Form and Instruction	Unchanged	Individual Application
195292	Registration of Swap Dealers and Major Swap Participants	Form and Instruction	Unchanged	Firm Withdrawal
195292	Registration of Swap Dealers and Major Swap Participants	Form and Instruction	Unchanged	Firm Application
195292	Registration of Swap Dealers and Major Swap Participants	Form and Instruction	Unchanged	Individual Withdrawal
195292	Registration of Swap Dealers and Major Swap Participants	Form and Instruction	Unchanged

ICR Details

OMB Control No: 3038-0072	ICR Reference No: 202307-3038-001
Status: Historical Active	Previous ICR Reference No: 202009-3038-006
Agency/Subagency: CFTC	Agency Tracking No:
Title: Registration of Swap Dealers and Major Swap Participants
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/18/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 07/06/2023
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2026	36 Months From Approved	09/30/2023
Responses	1,860	0	1,860
Time Burden (Hours)	888	0	888
Cost Burden (Dollars)	0	0	500

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Abstract: Commodity Exchange Act (CEA) Section 4s(a) (7 U.S.C. 6s(a)) makes it unlawful for a swap dealer (SD) or major swap participant (MSP) to act as such unless registered with the Commodity Futures Trading Commission (CFTC). CEA Section 4s(b) (7 U.S.C. 6s(b)) requires that registration of SDs and MSPs be accomplished by filing an application in such form and manner as provided by the CFTC, containing such information as the CFTC considers necessary concerning the applicant’s business. Pursuant to regulations adopted by the CFTC pursuant to CEA Section 4s(b), SDs and MSPs are required to register on Form 7-R and principals listed by SDs and MSPs must submit Form 8-R. CFTC Form 7-R (for firms) and Form 8-R (for natural persons) request information about the applicant that is necessary to assess the applicant’s fitness to engage in business in the registration categories referenced above, subject to regulation and oversight by the CFTC. (1st IC) Commission Regulation 3.21(e) provides generally that, in lieu of submitting a fingerprint card for a foreign natural person who has not resided in the U.S. since the person’s 18th birthday, a swap dealer or major swap participant may certify that a criminal history background check of such foreign natural person has not revealed any matter that would statutorily disqualify him or her from being registered or listed as a principal. (2nd IC) Commission Regulation 23.23 addresses the cross-border application of the registration thresholds and certain requirements applicable to SDs and MSPs,and establishes a formal process for requesting comparability determinations from the Commission to permit substituted compliance with such requirements. (3rd IC)

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Authorizing Statute(s): US Code: 7 USC 6s Name of Law: CEA
   PL: Pub.L. 111 - 203 124 Stat. 1376 (2010) Name of Law: Dodd-Frank Act
  

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:
	88 FR 26279	04/28/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 43084	07/06/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

table that charts list of burden

IC Title	Form No.	Form Name
Alternative to Figerprinting Requirement For Foreign Natural Persons
Comparability Determinations for the Group A and B Requirements
Registration of Swap Dealers and Major Swap Participants	7 - R, 8-T, 7W, Form 8-R	Individual Withdrawal ,   Firm Application ,   Firm Withdrawal ,   Individual Application

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ICR Summary of Burden

table that charts list 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	1,860	1,860	0	0	0	0
Annual Time Burden (Hours)	888	888	0	0	0	0
Annual Cost Burden (Dollars)	0	500	0	0	-500	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: No

Burden Reduction Due to:

Short Statement:

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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

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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: 07/06/2023

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