Exemption from Derivatives Clearing Organization Registration

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
2026 Supporting Statement 3038-0117.docx	Supporting Statement A	Uploaded 2026-09-01	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
237041	Requirements for Derivatives Clearing Organizations		Modified

ICR Details

OMB Control No: 3038-0117	ICR Reference No: 202605-3038-002
Status: Received in OIRA	Previous ICR Reference No: 202305-3038-003
Agency/Subagency: CFTC	Agency Tracking No:
Title: Exemption from Derivatives Clearing Organization Registration
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: 09/01/2026

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2026
Responses	2,660	2,385
Time Burden (Hours)	335	257
Cost Burden (Dollars)	0	0

---

Abstract: Section 5b(a) of the Commodity Exchange Act (CEA) provides that a clearing organization may not perform the functions of a derivatives clearing organization (DCO) with respect to swaps unless the clearing organization is registered with the Commission. Section 5b(h) of the CEA, however, permits the Commission to conditionally or unconditionally exempt a clearing organization from registration as a DCO for the clearing of swaps if the Commission determines that the clearing organization is subject to “comparable, comprehensive supervision and regulation” by the clearing organization’s home country government regulator. This Collection relates to information collections associated with the CFTC’s policies and procedures governing requests for exemptions from registration as a DCO for the clearing of proprietary swaps for U.S. persons and futures commission merchants (FCMs). See Exemption From Derivatives Clearing Organization Registration, 86 FR 949 (Jan. 7, 2021). The rules include reporting requirements that are collections of information requiring approval under the PRA. Specifically, the Commission amended Part 39 to specify the conditions and procedures under which a clearing organization may apply for exemption from registration as a DCO, the information that must be provided to the Commission to obtain and maintain such exemption, and procedures for termination of an exemption. The information that is collected under these regulations is necessary for the Commission to determine whether a clearing organization qualifies for exemption from DCO registration, to evaluate the continued eligibility of the exempt DCO for exemption from registration, to review compliance by the exempt DCO with any conditions of such exemption, or to conduct its oversight of U.S. persons and the swaps that are cleared by U.S. persons through the exempt DCO.

---

Authorizing Statute(s): US Code: 7 USC 7a-1 Name of Law: Commodity Exchange Act (Derivatives Clearing Organizations)
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 34812	06/09/2026
30-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 56134	09/01/2026
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Requirements for Derivatives Clearing Organizations

---

ICR Summary of Burden

table that charts list 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	2,660	2,385	0	0	275	0
Annual Time Burden (Hours)	335	257	0	0	78	0
Annual Cost Burden (Dollars)	0	0	0	0	0	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, but the Commission has updated its burden estimates based on changes in the total number of respondents and number of records subject to the collection. As described in Attachment A, the total number of respondents for this renewal period is estimated to be ten (this represents an increase of one respondent from the previous estimate of nine. As a result of this increase, the overall burden of this collection has increased from 257 annual burden hours to 335 burden hours (an increase of 78 hours).

---

Annual Cost to Federal Government: $58,240

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

---

Common Form ICR:  No

---

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: 09/01/2026

---