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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:
202009-3038-004
Status:
Historical Active
Previous ICR Reference No:
201912-3038-002
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:
Approved without change
Conclusion Date:
11/23/2020
Retrieve Notice of Action (NOA)
Date Received in OIRA:
09/24/2020
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
03/31/2023
36 Months From Approved
03/31/2023
Responses
89,764
0
77,492
Time Burden (Hours)
7,856
0
7,469
Cost Burden (Dollars)
0
0
0
Abstract:
The Commodity Futures Trading Commission (“Commission” or “CFTC”) amended Form 8-R. Form 8-R is the application form that individuals must use to register with the Commission as an associated person of a futures commission merchant, retail foreign exchange dealer, introducing broker, commodity trading advisor, commodity pool operator, leverage transaction merchant; to register as a floor broker or floor trader; or to be listed as a principal of a firm registrant (such individuals referred to herein collectively, as “applicants”). 17 CFR 3.10(a)(2), 3.11(a), and 3.12(c). 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). 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. In connection with the revision of Form 8-R, the Commission is amending collections 3038-0023 and 3038-0072 to reflect a slight change to the information collection burdens associated with the revised version of Form 8-R.
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:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
85 FR 37922
06/24/2020
30-day Notice:
Federal Register Citation:
Citation Date:
85 FR 60134
09/24/2020
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
89,764
77,492
0
12,272
0
0
Annual Time Burden (Hours)
7,856
7,469
0
387
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 Commodity Futures Trading Commission amended Form 8-R. Form 8-R is the application form that individuals must use to register with the Commission as an associated person of a futures commission merchant, retail foreign exchange dealer, introducing broker, commodity trading advisor, commodity pool operator, leverage transaction merchant; to register as a floor broker or floor trader; or to be listed as a principal of a firm registrant.
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?
No
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:
09/24/2020
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