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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:
3038-0023
ICR Reference No:
201810-3038-002
Status:
Historical Inactive
Previous ICR Reference No:
201604-3038-003
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:
12/03/2018
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/18/2018
Terms of Clearance:
OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. 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. If applicable, the agency shall also include in the final rule submission any revised burden estimates and describe what brought about any change in estimate between the proposed and final rules. The next submission to OMB must include the draft final rule.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
06/30/2019
36 Months From Approved
06/30/2019
Responses
78,307
0
78,307
Time Burden (Hours)
7,525
0
7,525
Cost Burden (Dollars)
49,500
0
49,500
Abstract:
A. Commodity Pool Operators and Commodity Trading Advisors; Persons engaging in specified activities involving some or all commodity interests are required pursuant to the Commodity Exchange Act and or the Commission’s regulations to register with the Commission in certain registration categories. These include registration as a futures commission merchant, retail foreign exchange dealer, introducing broker, commodity pool operator (CPO), commodity trading advisor (CTA), swap dealer, major swap participant, leverage transaction merchant, floor broker, and floor trader. The CEA empowers the Commission with the authority to deny, revoke, or condition registration of CPOs and CTAs, among others, and to exclude any entity from the definition of CPO or CTA. The registration application, Forms 7-R and 8-R, which must be updated as necessary, requires information about an applicant’s or registrant’s disciplinary history, so that the person’s fitness for registration may be evaluated. In addition, basic identifying information is required so that a database will be available to current and prospective customers, the public and news media. The Commission has determined to propose via rulemaking several new exemptions and an exclusion that generally would provide relief from CPO and/or CTA registration and compliance. Accordingly, the Commission is also proposing to adjust the number of registrants in this information collection, to reflect the deregistration, as CPOs or CTAs, of persons or entities that may qualify for the proposed exemptions and exclusion. B. Alternative to Fingerprinting Requirement For Foreign Natural Persons: the final rule generally codifies DSIO Staff Letters 12-49 and 13-29. The Commission believes the final rule, in providing certainty to market participants by way of Commission regulation, makes the commodity interest markets it oversees more liquid, competitive, and accessible by enabling foreign natural persons to demonstrate that they meet the minimum standards for fitness and competency without undue burden. The alternative to fingerprinting removes an impediment to participation in United States’ markets by certain foreign natural persons, recognizing the limitations on usefulness of fingerprints of foreign nationals while also ensuring the continued protection of market participants and the public. One of the requirements of the final rule 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 6e, 6f, 6k, 6l, 6m, 6n
Name of Law: CEA
US Code:
7 USC 12a
Name of Law: CEA
US Code:
7 USC 13c
Name of Law: CEA
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3038-AE76
Proposed rulemaking
83 FR 52902
10/18/2018
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
Alternative to Fingerprinting Requirement For Foreign Natural Persons
Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations
7R, 8R
Firm Application
,
Individula Application
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:
Yes
Burden Reduction Due to:
Changing Regulations
Short Statement:
The Commission is proposing to amend this collection to reflect the deregistration of entities and persons currently subject to registration as CPOs and/or CTAs under the CEA and the Commission’s regulations, due to their qualifying for and claiming of several new registration exemptions and an exclusion for CPOs and/or CTAs that the Commission is also proposing in the referenced NPRM.
Annual Cost to Federal Government:
$0
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.
Yes
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:
10/18/2018
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