Rules Relating to the Operations and Activities of Commodity Pool Operators and Commodity Trading Advisors and to Monthly Reporting by Futures Commission Merchants

Forms and Documents

Document	Type	Status	Availability
Form CTA-PR Part-4 Commodity Pool Operators and Commodity Trading Advisors	Form and Instruction	Modified	Repair queued
2024 Supporting Statement 3038-0005 (Part 4.7 Final Rule).docx	Supporting Statement A	Uploaded 2024-09-25	Repair queued

IC Document Collections

IC ID	Collection	Type	Status	Form
29006	Part-4 Commodity Pool Operators and Commodity Trading Advisors	Form and Instruction	Modified

ICR Details

OMB Control No: 3038-0005	ICR Reference No: 202407-3038-001
Status: Received in OIRA	Previous ICR Reference No: 202306-3038-006
Agency/Subagency: CFTC	Agency Tracking No:
Title: Rules Relating to the Operations and Activities of Commodity Pool Operators and Commodity Trading Advisors and to Monthly Reporting by Futures Commission Merchants
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/26/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2026
Responses	123,925	120,415
Time Burden (Hours)	435,925	432,325
Cost Burden (Dollars)	0	0

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Abstract: The disclosure, filing, and recordkeeping requirements within part 4 of the Commission’s regulations were established to assist customers, to facilitate the Commission and the National Futures Association (NFA) in monitoring compliance with the part 4 rules, and to enable the Commission to better monitor the market risks posed by the Commission’s registrants. The information collections are necessary to enable the Commission and NFA to accomplish the purposes of the compliance regime set forth in part 4 of the Commission’s regulations. The Commission is adopting amendments to Commission regulation 4.7, which provides exemptions from the disclosure, periodic reporting, and recordkeeping requirements discussed above, with respect to those registered CPOs and CTAs who solicit and offer their commodity pools and advisory programs solely to financially sophisticated individuals and entities referred to by the regulations as, “qualified eligible persons” (QEPs). Such CPOs and CTAs must file a claim for each pool or trading program they offer and operate, pursuant to Commission regulation 4.7(d), that also specifies which of the exemptions the intermediary wishes to utilize. The Final Rule, as adopted, amends Commission regulation 4.7 by adopting the proposed increases to financial thresholds in the QEP definition, and adding an optional monthly account statement schedule for 4.7 pools investing in third-party funds, pools, or collective investment vehicles, in a manner consistent with routinely issued Commission staff exemptive letter relief.

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Authorizing Statute(s): US Code: 7 USC 6l, 6m, 6n, 6o Name of Law: CEA
   US Code: 7 USC 1a, 2, 12a, 23 Name of Law: CEA
   US Code: 7 USC 6(c), 6b, 6c Name of Law: CEA
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3038-AF25	Final or interim final rulemaking	89 FR 78793	09/26/2024

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Federal Register Notices & Comments

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
Part-4 Commodity Pool Operators and Commodity Trading Advisors	CTA-PR, CPO-PQR	CTA-PR ,   CPO-PQR

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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	123,925	120,415	0	3,510	0	0
Annual Time Burden (Hours)	435,925	432,325	0	3,600	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: Changing Regulations

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

Burden Reduction Due to:

Short Statement: The Final Rule adds to Commission regulation 4.7(b)(3) an optional monthly account statement schedule for CPOs of 4.7 pools investing in third-party funds, pools, or collective investment vehicles, consistent with routinely issued Commission staff exemptive letter relief. The adopted amendments add an additional 3,600 burden hours to the existing total of 432,325 burden hours for a new total of 435,925 burden hours.

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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.     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]? 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: 09/26/2024

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