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COMMENT
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OMB Control No:
3038-0076
ICR Reference No:
202607-3038-012
Status:
Received in OIRA
Previous ICR Reference No:
202310-3038-001
Agency/Subagency:
CFTC
Agency Tracking No:
Title:
Requirements for Derivatives Clearing Organizations
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
Date Submitted to OIRA:
10/29/2026
Requested
Previously Approved
Expiration Date
36 Months From Approved
12/31/2026
Responses
26,119
22,578
Time Burden (Hours)
98,886
64,157
Cost Burden (Dollars)
821,470
905,674
Abstract:
Section 5b(a) of the Commodity Exchange Act (“CEA”) provides that a clearing organization may not perform the functions of a derivatives clearing organization (“DCO”) unless the clearing organization is registered with the Commission. In order to register and maintain registration with the Commission, a DCO must comply with the DCO Core Principles and all applicable Commission regulations. This information collection, as a whole, covers the burden associated with Part 39 of the Commission’s regulations applicable to registered DCOs, including requirements related to DCO governance.
Authorizing Statute(s):
US Code:
7 USC 7a-1
Name of Law: Commodity Exchange Act
PL:
Pub.L. 111 - 203 124 Stat. 1376 (2010)
Name of Law: Dodd - Frank Act
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:
91 FR 50816
08/06/2026
30-day Notice:
Federal Register Citation:
Citation Date:
91 FR 68117
10/29/2026
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Requirements for Derivative Clearing Organizations
3038-0076
Form DCO
ICR Summary of Burden
Total Request
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
26,119
22,578
0
0
3,541
0
Annual Time Burden (Hours)
98,886
64,157
0
0
34,729
0
Annual Cost Burden (Dollars)
821,470
905,674
0
0
-84,204
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:
No
Burden Reduction Due to:
Short Statement:
The Commission is revising its burden estimate for this collection to reflect current market data and to reflect updated costs. The Commission believes that the burden under this clearance will increase because of an increase in the total number of respondents and a rise in mean hourly wage rates based on updated Bureau of Labor Statistics wage data. The Commission estimates an increase from one application for full DCO registration (in 2023) to 10 applications for full DCO registration under Subpart A of Part 39 of the Commission’s Regulations. For Subpart B reporting and recordkeeping, the total burden increased due to the change from 13 DCOs (in 2023) to the current 24 DCOs. Increases in mean hourly wage rates have also increased the annual burden cost. These increases in applications and registrations result in an incremental increase of 34,729 burden hours annually for a new total of 98,886 burden hours. In addition, the Commission is updating its estimate of associated annual cost burdens to reflect estimated capital start-up and operations and maintenance costs.
Annual Cost to Federal Government:
$1,165,000
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.
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:
10/29/2026
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