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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:
201606-3038-002
Status:
Historical Inactive
Previous ICR Reference No:
201306-3038-008
Agency/Subagency:
CFTC
Agency Tracking No:
Title:
Rules Relating to the Operations and Activities of CPOs and CTAs and to Monthly Reporting by FCMs (Commodity Pool Operator Annual Report)
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:
09/15/2016
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/05/2016
Terms of Clearance:
Please respond to any comments received on the rule associated in the submission associated with the final rule.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2016
36 Months From Approved
11/30/2016
Responses
68,420
0
68,420
Time Burden (Hours)
276,060
0
276,060
Cost Burden (Dollars)
0
0
0
Abstract:
The Commission is proposing to amend Regulation 4.22 to provide to eligible CPOs: (1) an optional alternative to complying with the requirement to compute and present the financial statements in a pool Annual Report in accordance with U.S. GAAP (or in accordance with IFRS); and (2) an optional alternative to complying with the audit requirement for the Annual Report for a pool’s first fiscal year. The notice filings that would be required to claim the relief and recordkeeping requirement for waivers would be used by Commission staff and staff of the National Futures Association to determine which CPOs have claimed the exemption(s), and to reviewing required filings and in oversee compliance by CPOs with their reporting requirements.
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-AE47
Proposed rulemaking
81 FR 51828
08/05/2016
Federal Register Notices & Comments
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
Commodity Pool Operator Annual Reports
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
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:
Under this collection, the revised burden figures reflect the proposed notice filing requirements and the requirement to obtain written waivers and maintain the same as required records.
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:
08/05/2016
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