View Information Collection Request (ICR) Package
Skip to main content
An official website of the United States government
The .gov means it's official.
Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you're on a federal government site.
The site is secure.
The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.
Search:
Agenda
Reg Review
ICR
This script is used to control the display of information in this page.
Display additional information by clicking on the following:
All
Brief and OIRA conclusion
Abstract/Justification
Legal Statutes
Rulemaking
FR Notices/Comments
IC List
Burden
Misc.
Common Form Info.
Certification
View Information Collection (IC) List
View Supporting Statement and Other Documents
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:
3038-0091
ICR Reference No:
201310-3038-006
Status:
Historical Active
Previous ICR Reference No:
201309-3038-007
Agency/Subagency:
CFTC
Agency Tracking No:
Title:
Disclosure and Retention of Certain Information Relating to Cleared Swaps Customer Collateral
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:
09/19/2014
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/14/2013
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
09/30/2017
36 Months From Approved
10/31/2016
Responses
26,212
0
112
Time Burden (Hours)
62,600
0
36,500
Cost Burden (Dollars)
626,000
0
1,212
Abstract:
The Commission now is finalizing rules to enhance certain provisions of its regulations to strengthen the protection of customer collateral held by its registrants, specifically to prevent unauthorized usage of customer funds by FCMs (the "Customer Protection Collection"). This includes modifications to existing rules respecting the collateral of cleared swaps customers, under the proposed rule, 77 FR 67866, submitted on November 14, 2012 to OMB under previous ICR Reference Number 201211-3038-005. The Commission is newly adopting § 22.17 and revising § 22.2(g) of its regulations, which require additions and revisions to this collection with respect to the recordkeeping and reporting associated with each of these rules.
Authorizing Statute(s):
US Code:
7 USC 1a, 6d, 7a-1
Name of Law: CEA
Citations for New Statutory Requirements:
PL: Pub.L. 111 - 203 124 Stat. 1376 (2010) Name of Law: Dodd-Frank Act
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3038-AD88
Final or interim final rulemaking
78 FR 68506
11/14/2013
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
Enhancing Protections Afforded Customers and Customer Funds Held by FCMs and DCOs
Protection of Cleared Swap Customer Contracts and Collateral Conforming Amendments to the Commodity Broker Bankruptcy Provision
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
26,212
112
0
26,100
0
0
Annual Time Burden (Hours)
62,600
36,500
0
26,100
0
0
Annual Cost Burden (Dollars)
626,000
1,212
0
624,788
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 Commission is newly adopting § 22.17 and revising § 22.2(g) of its regulations, which require additions and revisions to this collection with respect to the recordkeeping and reporting associated with each of these rules. The Commission estimates that the rules, which build upon the already existing framework in part 22, will increase burden hours by approximately 10 minutes per day for an anticipated 100 entities.
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:
11/14/2013
An official website of the United States government
The .gov means it's official.
The site is secure.
