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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:
201912-3038-002
Status:
Historical Active
Previous ICR Reference No:
201906-3038-001
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:
Approved with change
Conclusion Date:
03/09/2020
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/10/2019
Terms of Clearance:
CFTC added more information to the cost estimate.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
03/31/2023
36 Months From Approved
08/31/2022
Responses
77,492
0
12,265
Time Burden (Hours)
7,469
0
7,735
Cost Burden (Dollars)
0
0
49,500
Abstract:
This ICR covers the Commodity Futures Trading Commission (“Commission” or “CFTC”) amendments to its Form 8-R. The 8-R is the application form that individuals must use to register with the Commission as an associated person of a registrant, floor broker, or floor trader, or to be listed as a principal of a registrant (collectively, “applicants”). 17 CFR 3.10(a)(2), 3.11(a), and 3.12(c). Form 8-R requests information about the applicant that is necessary to assess the applicant’s fitness to engage in business as a derivatives professional, subject to regulation and oversight by the Commission. Individual applicants have been required to use Form 8-R since 1977. Revision of Registration Forms and Amendment of Related Rules, 42 FR 23988 (May 11, 1977) (Form 8-R replaced Forms 2-R, 4-R and 94). This ICR also addresses the implications of the Form 3-R cancellation. With regards to the Alternative to Fingerprinting Requirement For Foreign Natural Persons: the alternative to fingerprinting recognized the limitations on usefulness of fingerprints of foreign nationals while also ensuring the continued protection of market participants and the public through submission of a certification to NFA relating to the background check of the relevant foreign natural person and maintainance of records relating thereto pursuant to Commission regulation 3.21. With regards to Commodity Pool Operators and Commodity Trading Advisors; Amendments to Compliance Obligations: This collection covers the Commodity Futures Trading Commission's data collection authority for CPO's and CTAs, that are consistent with the data collection required under Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act, for entities registered with both the Commission and the Securities and Exchange Commission. The Commodity Futures Trading Commission (“Commission” or “CFTC”) amended Form 7-R. Form 7-R is the application form that entities must use to register with the Commission as a futures commission merchant, retail foreign exchange dealer, introducing broker, commodity trading advisor, commodity pool operator, leverage transaction merchant, swap dealer, major swap participant, or floor trader firm (collectively, “applicants”). 17 CFR 3.10(a)(1), 3.11(a). Applicants have been required to use Form 7-R since 1977. Revision of Registration Forms and Amendment of Related Rules, 42 FR 23988 (May 11, 1977) (Form 7-R replaced Forms 1-R, 5-R and 6-R). Form 7-R requests information about the applicant that is necessary to assess the applicant’s fitness to engage in business in the registration categories referenced above, subject to regulation and oversight by the Commission. In connection with the revision of Form 7-R, the Commission is making no change to the burden estimates of collections 3038-0023 and 3038-0072 because the changes to Form 7-R, when considered together in the aggregate, do not result in any net change to the information collection burdens associated with the revised version of Form 7-R. The Commodity Futures Trading Commission (CFTC or Commission) has determined to adopt via final rulemaking two new exemptions and an exclusion that generally would provide relief from commodity pool operator (CPO) and/or commodity trading advisor (CTA) registration and compliance. Accordingly, the Commission is amending this information collection to reflect the deregistration of entities eligible for this new relief, who were previously subject to registration as CPOs and/or CTAs under the Commodity Exchange Act (CEA) and CFTC regulations. The Commission continues to project a decrease in the number of registrants consistent with the exclusion and exemptions adopted in this final rulemaking, and therefore, decreases in the respondents, responses, and overall burden of this information collection.
Authorizing Statute(s):
US Code:
7 USC 6e, 6f, 6k, 6m, 6n, 6s
Name of Law: CEA
US Code:
7 USC 12a
Name of Law: CEA
US Code:
7 USC 13c
Name of Law: CEA
PL:
Pub.L. 110 - 246 122 Stat., 1651, 2189-2204
Name of Law: Food Conservation and Energy Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3038-AE76
Final or interim final rulemaking
84 FR 67343
12/10/2019
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
Form 8-R, Form 7-R
Firm Application
,
Individual Application
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
77,492
12,265
0
65,227
0
0
Annual Time Burden (Hours)
7,469
7,735
0
-266
0
0
Annual Cost Burden (Dollars)
0
49,500
0
-49,500
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:
Changing Regulations
Short Statement:
Overall, the estimated burden hours are decreased due to a decrease in the number of persons expected to apply for and maintain registration as a result of the final rulemaking. The total number of registrants is expected to decrease from year to year, due to several factors, including, among other things, the adoption by the CFTC of regulations that provide additional exemptions and exclusions from the requirement to register as a CPO or CTA, and the industry trend away from open outcry trading to electronic trading.
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:
12/10/2019