Skip to main content
An official website of the United States government
The .gov means it's official.
Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you're on a federal government site.
The site is secure.
The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.
Search:
Agenda
Reg Review
ICR
This script is used to control the display of information in this page.
Display additional information by clicking on the following:
All
Brief and OIRA conclusion
Abstract/Justification
Legal Statutes
Rulemaking
FR Notices/Comments
IC List
Burden
Misc.
Common Form Info.
Certification
View Information Collection (IC) List
View Supporting Statement and Other Documents
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:
3038-0023
ICR Reference No:
201512-3038-005
Status:
Historical Inactive
Previous ICR Reference No:
201412-3038-002
Agency/Subagency:
CFTC
Agency Tracking No:
Title:
Registration Under the Commodity Exchange Act
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule and continue
Conclusion Date:
02/11/2016
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/17/2015
Terms of Clearance:
Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR. The agency shall examine public comment in response to the NPRM and will describe in the supporting statement of its next collection any public comments received regarding the collection as well as why (or why it did not) incorporate the commenter’s recommendation. The next submission to OMB must include the draft final rule.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2018
36 Months From Approved
11/30/2018
Responses
78,109
0
78,109
Time Burden (Hours)
7,030
0
7,030
Cost Burden (Dollars)
0
0
0
Abstract:
A. In Regulation Automated Trading, Commission seeks to update Commission rules in response to the evolution from pit trading to electronic trading. In addition to mitigating risks arising from algorithmic trading activity, the proposed rules are intended to increase transparency around DCM electronic trade matching platforms and the use of self-trade prevention tools on DCMs. The proposed Commission Regulation § 1.3(x)(3) would require certain floor traders with Direct Electronic Access to prepare and submit forms to register with the Commission. The collection of information is necessary to determine fitness for registration under the Act and to prevent and mitigate risks arising from algorithmic trading activity. The obligations created by the proposed rules are essential to avoid prevent disruptions to market integrity, avoid systemic risk and promote responsible innovation and fair competition among boards of trade, other markets and market participants. B. The Fingerprinting Proposal generally codifies DSIO Staff Letters 12-49 and 13-29, thereby giving certainty to market participants while removing an impediment to participation in United States’ commodity interest markets by foreign natural persons. At the same time, it will ensure the protection of market participants and the general public by continuing to require that all futures and swaps industry professionals who deal with the public meet minimum standards of fitness and competency. One of the requirements of the proposal is that those availing themselves of it submit a certification to NFA relating to the background check of the relevant foreign natural person and maintain records relating thereto pursuant to Commission regulation 3.21.
Authorizing Statute(s):
US Code:
7 USC 1a(23), 5(b), 6c(a)(6), 12a(5)
Name of Law: CEA
US Code:
7 USC 6e, 6f, 6k, 6m, 6n, 12a, 13c
Name of Law: CEA
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3038-AD52
Proposed rulemaking
80 FR 78823
12/17/2015
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
81 FR 1359
01/12/2016
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
3
IC Title
Form No.
Form Name
Alternative to Fingerprinting Requirement For Foreign Natural Persons
Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations
8R, 7R
Firm Application
,
Floor Trader Order Enterer Application
Regulation Automated trading
7R, 8R
Firm Application
,
Floor Trader Order Enterer Application
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
A. Regulation Automated Trading: Burden hours will increase due to an increase in the number of persons expected to apply for and maintain registration. Proposed § 1.3(x)(3) will create an additional category of registrants. B. Fingerprinting Proposal: The proposed amendment to Regulation 3.21 would allow SDs and MSPs to elect to submit a certification in lieu of submitting a fingerprint card for certain foreign natural persons. The Commission estimates that the proposed rule will result in an aggregate burden hours increase of 495.0 hours (198 respondents X 2.5 hours/respondent).
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:
Gail Scott 202 418-5139 gscott@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:
12/17/2015
An official website of the United States government
The .gov means it's official.
The site is secure.
