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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:
3038-0052
ICR Reference No:
201608-3038-006
Status:
Historical Active
Previous ICR Reference No:
201511-3038-001
Agency/Subagency:
CFTC
Agency Tracking No:
Title:
Core Principles & Other Requirements for DCMs
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:
12/29/2016
Retrieve Notice of Action (NOA)
Date Received in OIRA:
09/19/2016
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
12/31/2019
36 Months From Approved
09/30/2017
Responses
120
0
105
Time Burden (Hours)
8,678
0
8,670
Cost Burden (Dollars)
0
0
0
Abstract:
The Commission is seeking to amend control number 3038-0052 to account for regulation 38.1051(n) that is being adopted in the System Safeguards and Cybersecurity Testing Final Rulemaking and requires designated contract markets (DCMs) to provide the Commission with annual trading volume information. The trading volume information is necessary to assist the Commission in its application of the enhanced system safeguard and cybersecurity testing requirements for DCMs whose annual trading volume in a calendar year is five percent or more of the combined annual trading volume of all DCMs regulated by the Commission.
Authorizing Statute(s):
US Code:
7 USC 6, 6a, 6c, 6d, 6f, 6g, 6i, 6j
Name of Law: CEA
US Code:
7 USC 6k, 6l, 6m, 6n
Name of Law: CEA
US Code:
7 USC 7, 7a-s, 7b, 7b-1, 7b-3
Name of Law: CEA
US Code:
7 USC 8, 9, 15, 21
Name of Law: CEA
US Code:
7 USC 1a, 2,
Name of Law: CEA
Citations for New Statutory Requirements:
PL: Pub.L. 111 - 203 Sec 124 Stat 1376 (2010) Name of Law: Dodd-Frank Act
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3038-AE30
Final or interim final rulemaking
81 FR 64272
09/19/2016
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
80 FR 80140
12/23/2015
30-day Notice:
Federal Register Citation:
Citation Date:
81 FR 64272
09/19/2016
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
3
IC Title
Form No.
Form Name
Enhancing Protections Afforded Customers and Customer Funds Held by Futures Commission Merchants and Derivatives Clearing Organizations
Part 38 - Designated Contract Markets
Regulation Automated Trading
System Safeguards Testing Requirements
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
120
105
0
15
0
0
Annual Time Burden (Hours)
8,678
8,670
0
8
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 amendment to the existing collection will increase the burden for DCMs as a result of the final rule that requires the submission of trading volume information to the Commission. The rule is designed to enable the Commission to accurately evaluate whether a particular DCM would be subject to the enhanced system safeguards and cybersecurity testing requirements.
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:
09/19/2016