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:
3038-0103
ICR Reference No:
202010-3038-007
Status:
Historical Active
Previous ICR Reference No:
201707-3038-002
Agency/Subagency:
CFTC
Agency Tracking No:
Title:
Ownership and Control Reports, Forms 102/102S, 40/40S, and 71 (Trader and Account Identification Reports)
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:
01/08/2021
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/28/2020
Terms of Clearance:
The the changes approved in this ICR are due to change in agency estimate.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
01/31/2024
36 Months From Approved
01/31/2021
Responses
660,412
0
225,742
Time Burden (Hours)
188,080
0
189,995
Cost Burden (Dollars)
18,898,000
0
14,273,667
Abstract:
The Commodity Futures Trading Commission adopted rules and related forms to enhance its identification of futures and swap market participants. The information collections included in this renewal (“OCR information collections”) are part of the Commodity Futures Trading Commission’s (“CFTC”) implementation of §§ 4a, 4c(b), 4g, and 4i of the Commodity Exchange Act (“Act”). These sections in the Act authorize and require the CFTC to regulate various financial markets, including futures, swaps, and commodities. The information contained in the OCR information collections is necessary for the CFTC to carry out these regulatory functions, including information necessary for the CFTC’s market surveillance function.
Authorizing Statute(s):
PL:
Pub.L. 111 - 203 124 Stat. 1376 (2010)
Name of Law: Dodd-Frank
US Code:
7 USC 6a, 6c(b), 6g, 6i, 6t,6s, 7b-3
Name of Law: Reporting & Recordkeeping
Citations for New Statutory Requirements:
US Code: 7 USC 6i Name of Law: Reports of deals equal to or in excess of trading limits
US Code: 7 USC 6t Name of Law: Large swap trader reporting
US Code: 7 USC 6s Name of Law: Registration and regulation of swap dealers and major swap participants
PL: Pub.L. 111 - 203 124 Stat. 1376 (2010) Name of Law: Dodd-Frank
US Code: 7 USC 7b-3 Name of Law: Swap execution facilities
US Code: 7 USC 6a Name of Law: Excessive Speculation
US Code: 7 USC 6g Name of Law: Reporting and recordkeeping
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 51022
08/19/2020
30-day Notice:
Federal Register Citation:
Citation Date:
85 FR 68310
10/28/2020
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
Ownership and Control Reports, Forms 102/102S, 40/40S, and 71
CFTC Form 102* (*102A, 102B, 102S), CFTC Form 71, CFTC Form 40
Identification of Special Accounts, Volume Threshold Accounts, and Consolidated Accounts
,
Identification of Omnibus Accounts and Sub-Accounts
,
Statement of Reporting Trader
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
660,412
225,742
0
434,670
0
0
Annual Time Burden (Hours)
188,080
189,995
0
-1,915
0
0
Annual Cost Burden (Dollars)
18,898,000
14,273,667
0
4,624,333
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:
Miscellaneous Actions
Short Statement:
Change results from changes to the estimates of the number of respondents, responses, and an increase in estimated hourly costs based on the most recent data.
Annual Cost to Federal Government:
$454,955
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:
Gail Scott 202 418-5139 gscott@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:
10/28/2020
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