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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3038-0005
ICR Reference No:
201306-3038-008
Status:
Historical Active
Previous ICR Reference No:
201204-3038-001
Agency/Subagency:
CFTC
Agency Tracking No:
Title:
Harmonization of Compliance Obligation for Registered Investment Companies Required to Register as Commodity Pool Operators
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
11/19/2013
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/22/2013
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2016
36 Months From Approved
03/31/2015
Responses
68,420
0
69,082
Time Burden (Hours)
276,060
0
272,420
Cost Burden (Dollars)
0
0
0
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 NFA in monitoring compliance with the Part 4 rules, and to enable the Commission to better monitor the markets risks posed by the Commission's registrants. Failure to require the information in this collection would severely hamper these efforts. These records also provide the Commission with its source of independent aggregated financial information concerning the commodity pool industry, which informs the Commission's policy decision making. The respondents are entities registered as CPOs and CTAs with the Commission.
Authorizing Statute(s):
US Code:
7 USC 6m
Name of Law: CTA/CPO Registration Req't
US Code:
7 USC 6n
Name of Law: CTA/CPO Registration Procedure
PL:
Pub.L. 111 - 203 124 Stat 1376 (2010)
Name of Law: Dodd-Frank
Citations for New Statutory Requirements:
PL: Pub.L. 111 - 203 124 Stat 1376 (2010) Name of Law: Dodd-Frank
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3038-AD30
Final or interim final rulemaking
78 FR 52308
08/22/2013
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Harmonization of Compliance Obligation for Registered Investment Companies Required to Register as Commodity Pool Operators
CPO-PQR, CTA-PR
CPO-PQR
,
CTA-PR
Part-4 Commodity Pool Operators and Commodity Trading Advisors
CPO-PQR, CTA-PR
CPO-PQR
,
CTA-PR
ICR Summary 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
68,420
69,082
45,476
-46,138
0
0
Annual Time Burden (Hours)
276,060
272,420
16,886
-13,246
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:
Yes
Burden Reduction Due to:
Cutting Redundancy
Short Statement:
The Commission is amending Collection 3038-0005 to increase the estimated total number of respondents, total annual responses for all respondents, and annual reporting burden from the estimates that appeared in the Proposal. These amendments are in response to comments that the Commission received regarding the burdens imposed by the Proposal and also reflect the differences between the Proposal and the final rule. Thus, the new total burden in the 2012 Final Rule associated with Collection 3038-0005 has increased to account for the burdens associated with the various information collections in this final rule. However, in the Proposal, the Commission inadvertently reflected the additional number of entities that were already included in the Commission's final amendment to Collection 3038-0005 associated with the 2012 Final Rule, and therefore, the additional amendments to Collection 3038-0005 in the Proposal resulted in those entities being erroneously double counted. The new IC-Harmonization of Compliance Obligation... refects the additional number of respondents. The supporting statement breaks down the estimated number of hours per response for the affected regulatory sections: 4.7(b)(4), 4.12(c), 4.12(d), 4.22(c), 4.23, 4.26 and 4.36.
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
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?
Uncollected
Agency Contact:
Herminio Castro 202 418-6705 hcastro@cftc.gov
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:
08/22/2013
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