View Information Collection Request (ICR) Package
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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:
3038-0024
ICR Reference No:
201310-3038-008
Status:
Historical Active
Previous ICR Reference No:
201211-3038-004
Agency/Subagency:
CFTC
Agency Tracking No:
Title:
Regulations and Forms Pertaining to Financial Integrity of the Market Place
Type of Information Collection:
Reinstatement with change of a previously approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
09/12/2014
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/14/2013
Terms of Clearance:
In its renewal of the form, CFTC will ensure there is a PRA statement on the instrument.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
09/30/2017
36 Months From Approved
Responses
95,479
0
0
Time Burden (Hours)
43,142
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
On November 14, 2012, the Commission proposed new rules, 77 FR 67866, in an effort to prevent unauthorized usage of customer funds by FCMs and RFEDs, which the Commission is now finalizing (the "Customer Protection Collection"). The Commission submitted the proposal to OMB on November 14, 2012, under previous ICR Reference Number 201211-3038-004. The proposed and final rules include modifications to the reporting requirements required by the Commission. These modifications will result in changes to the financial statements filed by FCMs and RFEDS, which are the subject of this OMB Collection Number 3038-0024. Additionally, these rules will make some of the recordkeeping requirements already contained in this OMB Collection Number 3038-0024 into reporting requirements. Finally, these rules will add additional recordkeeping requirements by FCMs in that they will be required to establish and maintain written policies and procedures designed to assure the segregation of customer funds. The Customer Protection Collection does not otherwise alter the Form 1-FR-FCM attached in the November 14, 2012 submission and in this final rule submission.
Authorizing Statute(s):
US Code:
7 USC 1, 1a, 2, 4, 5, 6, 6a-p, 7, 7a
Name of Law: CEA
US Code:
7 USC 7b, 8, 9, 12, 12a, 12c, 13a
Name of Law: CEA
US Code:
7 USC 13a-1, 16, 16a, 19, 21, 23, 24
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:
1
IC Title
Form No.
Form Name
Regulations and Forms Pertaining to Financial Integrity of the Market Place
1-FR-FCM
Statement of Financial Condition
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
95,479
0
113,125
-17,646
0
0
Annual Time Burden (Hours)
43,142
0
100,754
-57,612
0
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
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 overall burden estimates have been adjusted downward by removing the burden hours associated with the non-bank capital and margin rules proposed by the Commission prior to this customer protection rule, but that are not yet finalized, as well as to ensure that the burdens in the collection are consistent with the renewal of the collection in 2009. However, the burden hours associated with the final customer protection rule contained within the overall burden estimates have not changed from those that were proposed.
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
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