Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations

Forms and Documents

Document Name	Status
Form 7R Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations Form and Instruction	Modified
Form 8-R Change Explanation (11-28-2012).doc Supplementary Document	2012-11-28
Form 8-R redline 20121126 (11-28-12).docx Supplementary Document	2012-11-28
Form 7-R Change Explanation (10-2012).doc Justification for No Material/Nonsubstantive Change	2012-10-10
Form7-R redline (10-2012) 20121004.docx Supplementary Document	2012-10-10
3038-0023-FINAL RULE (2-24-12).pdf Supplementary Document	2012-03-29
3038-0023 PRA Part 3 Supporting Statement Clean FINAL.doc Supporting Statement A	2012-03-07

IC Document Collections

IC ID	Document Title	Status
201477	Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations Form and Instruction	Modified

ICR Details

OMB Control No: 3038-0023	ICR Reference No: 201211-3038-007
Status: Historical Inactive	Previous ICR Reference No: 201210-3038-001
Agency/Subagency: CFTC	Agency Tracking No:
Title: Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Disapproved and continue	Conclusion Date: 12/06/2012
	Date Received in OIRA: 11/28/2012
Terms of Clearance: CFTC will resubmit this collection, along with other collections that modify registration requirements for foreign principals, as a revision and seek public comment.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2015	03/31/2015	11/30/2015
Responses	78,109	0	78,109
Time Burden (Hours)	7,030	0	7,030
Cost Burden (Dollars)	0	0	0

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Abstract: The Commodity Futures Trading Commission is adopting new data collections for CPO's and CTAs that are consistent with the data collection required under Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act for entities registered with both the Commission and the Securities and Exchange Commission. This revision to the existing collection reflects new entrants.

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Authorizing Statute(s): PL: Pub.L. 110 - 246 122 Stat., 1651, 2189-2204 Name of Law: Food Conservation and Energy Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3038-AC61	Final or interim final rulemaking	77 FR 11252	02/24/2012

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 7976	02/11/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 11252	03/24/2012
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations	7R, 8-R	Firm Application ,   Individual Application and Instructions

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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 believes that the amendments to the exclusions and exemptions available to commodity pool operators and commodity trading advisors under sections 4.5, 4.13, and 4.14 align with the intent and purpose of the Dodd-Frank Act. Requiring registration of entities engaged in more than a de minimis amount of commodity interest trading will result in greater transparency with respect to derivatives market participants.

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Annual Cost to Federal Government: $200,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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? Uncollected

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Common Form ICR:  No

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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: 11/28/2012

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