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OMB Control No: 3038-0021	ICR Reference No: 201808-3038-005
Status: Historical Active	Previous ICR Reference No: 201507-3038-010
Agency/Subagency: CFTC	Agency Tracking No:
Title: Regulations Governing Bankruptcies of Commodity Brokers
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: 12/21/2018
	Date Received in OIRA: 08/29/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2020	36 Months From Approved	12/31/2018
Responses	283,339	0	180,708
Time Burden (Hours)	6,369	0	13,892
Cost Burden (Dollars)	0	0	147,128

Abstract: This collection of information involves recordkeeping and notice requirements in the Commodity Futures Trading Commission's ("CFTC's") bankruptcy rules for commodity broker liquidations, 17 CFR Part 190 ("Part 190"). These rules apply to liquidations under Chapter 7, Subchapter IV of the Bankruptcy Code, 11 U.S.C. §§ 761 et seq. The CFTC promulgated Part 190 pursuant to the authority of 7 U.S.C. § 24. The information collection requirements of Part 190 are intended to facilitate the effective, efficient, and fair conduct of liquidation proceedings for commodity brokers and to protect the interests of customers in these proceedings both directly and by facilitating the participation of the CFTC in such proceedings.

Authorizing Statute(s): US Code: 7 USC 24 Name of Law: Customer Property with Respect to Commodity Broker Debtors; Definitions

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:
	83 FR 29547	06/25/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 44029	08/29/2018
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
Requirements Applicable to Multiple Respondents
Requirements Applicable to Single Respondents

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	283,339	180,708	102,631
Annual Time Burden (Hours)	6,369	13,892	-7,523
Annual Cost Burden (Dollars)	0	147,128	-147,128

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: While a commodity broker liquidation has not occurred in the past three years, the Commission took the conservative approach of maintaining the assumption contained in the previous renewal of this information collection that, on average, a commodity broker liquidation would occur every three years. The Commission also has retained, with one minor exception, the burden hour estimates set forth in the previous collection as there have been no interim experiences nor are there any currently apparent circumstances that would warrant altering those estimates. The Commission no longer assigned burden hours to the discretionary notice that a Trustee may provide to customers in an involuntary commodity broker liquidation pursuant to Commission regulation 190.02(b)(3). There have been no involuntary commodity broker liquidations and none are anticipated. Accordingly, continuing to assign burden hours to this involuntary requirements would inappropriately inflate the burden hours for this information collection. Also, the Commission is setting forth a new information collection under OMB Control No. 3038-0021 to separately account for third party disclosure requirements provided for in Commission regulations 190.06(d) and 190.06(c) which are applicable on a regular basis to multiple respondents (i.e., multiple futures commission merchants).

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. No

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. 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]? No

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: Gail Scott 202 418-5139 gscott@cftc.gov

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