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
2023 30-Day FRN 3038-0103 (88 FR 77565).pdf Supplementary Document	2023-11-13
2023 60-Day FRN 3038-0103 (88 FR 59877).pdf Supplementary Document	2023-11-02
2023 Supporting Statement 3038-0103.docx Supporting Statement A	2023-11-02

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: 202308-3038-002
Status: Received in OIRA	Previous ICR Reference No: 202010-3038-007
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: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/13/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2024
Responses	660,412	660,412
Time Burden (Hours)	188,980	188,080
Cost Burden (Dollars)	0	18,898,000

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

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 59877	08/30/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 77565	11/13/2023
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 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	660,412	660,412	0	0	0	0
Annual Time Burden (Hours)	188,980	188,080	0	0	900	0
Annual Cost Burden (Dollars)	0	18,898,000	0	0	-18,898,000	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: There are no program changes. The Commission is updating its burden hour estimates as described in Attachment A. In addition, during the prior renewal cycle, the labor costs associated with reported burden hours were entered into ROCIS as a separate cost burden ($). Per the instructions on page 40 of the ROCIS User Guide, which provides that agencies "do not report as a dollar cost any burden reported in hours" on the ICR Summary of Burden worksheet, the entry for these labor costs associated with the reported burden hours have been removed. The labor costs associated with the reported burden hours are provided in Attachment A of the Supporting Statement. There are no additional capital costs or operating and maintenance costs associated with this collection.

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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: 11/13/2023

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