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OMB Control No: 3038-0093	ICR Reference No: 202408-3038-001
Status: Active	Previous ICR Reference No: 202312-3038-001
Agency/Subagency: CFTC	Agency Tracking No:
Title: Part 40, Provisions Common to Registered Entities
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: 12/20/2024
	Date Received in OIRA: 11/07/2024
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2027	36 Months From Approved	02/28/2027
Responses	2,262	0	2,296
Time Burden (Hours)	22,080	0	20,540
Cost Burden (Dollars)	0	0	0

Abstract: The Commission is revising control number 3038-0093 in connection with final amendments to the Commission’s regulations under Part 40 (including regulations 40.2, 40.3, 40.4, 40.5, 40.6 and 40.10). Part 40 provides procedures for the submission of rules and rule amendments by registered entities, including designated contract markets, swap execution facilities, derivatives clearing organizations, and swap data repositories. It establishes the procedures for submitting the “written certification” required by Section 5c of the Commodity Exchange Act (“CEA”) in connection with a product or rule certification. The Commission is amending the Part 40 regulations to clarify, simplify, and enhance their utility for market participants and the Commission. Commission staff has observed a trend that some of the submissions under part 40 tend not to include sufficient information. Accordingly, the Commission is adding language clarifying that the submissions must be “complete.” These amendments are likely to modestly increase the PRA reporting burden for registered entities, although some registered entities are already providing the information required under the final rule. While the amendments are not intended to expand or otherwise alter the scope of the current regulation, the Commission conservatively estimates some reporting entities may expend some additional time cognizable under the PRA to ensure the completeness of their submissions. Regulation 40.10 also contains submission procedures for certain risk-related rules proposed by a systemically important derivatives clearing organization (“SIDCO”). The SIDCO regulations require, among other things, 60-days advance notice of proposed rules or rule amendments that may materially affect the nature or level of risks presented by the SIDCO. The SIDCO reporting burden will not be impacted by the amendments.

Authorizing Statute(s): US Code: 7 USC 7a-2 Name of Law: Procedures for Registered Entities, etc.

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3038-AF28	Final or interim final rulemaking	89 FR 88594	11/07/2024

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
Part 40, Provisions Common To Registered Entities

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	2,262	2,296	-34
Annual Time Burden (Hours)	22,080	20,540	1,540
Annual Cost Burden (Dollars)	0	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 final rules would amend the Part 40 regulations that provide procedures for the submission of new products, rules and rule amendments by registered entities, including designated contract markets, swap execution facilities, derivatives clearing organizations, and swap data repositories. These changes would increase information submission requirements for the product and rule submissions to ensure that Commission staff receive the information necessary to assess whether new rules and products, and amendments to existing rules and product terms and conditions, comply with the CEA and Commission regulations. As described in Attachment A, the proposal would result in a new total of 22,080 burden hours (this represents an increase of 1,540 burden hours from the currently approved total of 20,540 burden hours).

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

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