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:
3038-0121
ICR Reference No:
202310-3038-004
Status:
Historical Inactive
Previous ICR Reference No:
Agency/Subagency:
CFTC
Agency Tracking No:
Title:
Regulations Governing Separate Account Treatment for Withdrawal of Customer Initial Margin
Type of Information Collection:
New collection (Request for a new OMB Control Number)
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule
Conclusion Date:
04/05/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
03/01/2024
Terms of Clearance:
OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Resubmit when proposed rule is finalized.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
36 Months From Approved
Responses
0
0
0
Time Burden (Hours)
0
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
The Commission is proposing to amend part 1, with supporting amendments in parts 1, 22, 30, and 39, to codify via direct application to all FCMs the conditional and time-limited no-action position in CFTC Letter No. 19-17, which allows DCOs to permit FCM clearing members to treat the separate accounts of a single customer as accounts of separate entities for purposes of Commission regulation 39.13(g)(8)(iii). The amendments would add for all FCMs a margin adequacy requirement similar to that applied to clearing FCMs by DCOs in regulation 39.13(g)(8)(iii) (prohibiting margin withdrawals if such withdrawals would create or exacerbate an under-margining scenario) and provide for separate account treatment for purposes of the margin adequacy requirement, subject to certain conditions designed to mitigate risk consistent with CEA section 4d(a)(2) and the Commission’s implementing regulations. The amendments would add new Commission regulation § 1.44 and new appendix A to part 1 and make supporting amendments to Commission regulations §§ 1.3, 1.17, 1.20, 1.32, 1.58, and 1.73 in part 1, 22.2 in part 22, 30.2 and 30.7 in part 30, and 39.13 in part 39.
Authorizing Statute(s):
US Code:
7 USC 7a-1
Name of Law: Commodity Exchange Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3038-AF21
Proposed rulemaking
89 FR 15312
03/01/2024
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 Governing Separate Account Treatment for Withdrawal of Customer Initial Margin
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 proposing regulations that would add new Commission regulation § 1.44 and make supporting amendments to Commission regulations §§ 1.3, 1.17, 1.58, and 1.73 in part 1, and 39.13(g)(8)(iii) in part 39. The proposed amendments would introduce an information collection comprising reporting, recordkeeping, and third-party disclosure requirements. The information that would be collected under the proposed regulations is necessary for the Commission to ensure that FCMs (a) can effectively monitor and risk manage customers engaged in separate account treatment and circumstances necessitating cessation of separate account treatment have occurred; (b) document and keep current records regarding the application of separate account treatment; and (c) provide customers with appropriate disclosures concerning application of separate account treatment.
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]?
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:
Kenny Wright 202 326-2907 kwright@ftc.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:
03/01/2024
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