Registration under the Commodity Exchange Act

Forms and Documents

Document Name	Status
Form 7R Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations Form and Instruction	Modified
Combined CPO-CTA and Fingerprinting Supporting Statement 4-1-16.doc Supporting Statement A	2016-04-01
Federal Register Vol. 79, No. 241 Tuesday, December 16, 2014.pdf Supplementary Document	2015-02-12

IC Document Collections

IC ID	Document Title	Status
220868	Alternative to Fingerprinting Requirement For Foreign Natural Persons	New
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: 201604-3038-003
Status: Historical Active	Previous ICR Reference No: 201412-3038-002
Agency/Subagency: CFTC	Agency Tracking No:
Title: Registration under the Commodity Exchange Act
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: 06/03/2016
	Date Received in OIRA: 04/01/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2019	36 Months From Approved	11/30/2018
Responses	78,307	0	78,109
Time Burden (Hours)	7,525	0	7,030
Cost Burden (Dollars)	49,500	0	0

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Abstract: A. Alternative to Fingerprinting Requirement For Foreign Natural Persons: the final rule generally codifies DSIO Staff Letters 12-49 and 13-29. The Commission believes the final rule, in providing certainty to market participants by way of Commission regulation, makes the commodity interest markets it oversees more liquid, competitive, and accessible by enabling foreign natural persons to demonstrate that they meet the minimum standards for fitness and competency without undue burden. The alternative to fingerprinting removes an impediment to participation in United States’ markets by certain foreign natural persons, recognizing the limitations on usefulness of fingerprints of foreign nationals while also ensuring the continued protection of market participants and the public. One of the requirements of the final rule is that those availing themselves of it submit a certification to NFA relating to the background check of the relevant foreign natural person and maintain records relating thereto pursuant to Commission regulation 3.21. The Commission published the proposal on January 12, 2016, 81 FR 1359. The Commission did not receive comments from the proposal. The Commission previously made a submission to OMB that included a consolidated supporting statement with the burden estimates for two proposals: the Alternative to Fingerprinting and the Regulation Automated Trading. As of the date of this submission to OMB, the Commission has only finalized the Alternative to Fingerprinting proposal. Therefore, the supporting statement does not include the burden estimates for the Regulation Automated Trading that would be submitted to OMB when that rulemaking is finalized. B. Commodity Pool Operators and Commodity Trading Advisors; Amendments to Compliance Obligations: This collection covers the Commodity Futures Trading Commission's data collection authority 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): US Code: 7 USC 12a Name of Law: CEA
   US Code: 7 USC 13c Name of Law: CEA
   PL: Pub.L. 110 - 246 122 Stat., 1651, 2189-2204 Name of Law: Food Conservation and Energy Act
   US Code: 7 USC 6e, 6f, 6k, 6m, 6n Name of Law: CEA
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3038-AE16	Final or interim final rulemaking	81 FR 18743	04/01/2016

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 1359	01/12/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 18743	04/01/2016
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations	8R, 7R	Firm Application ,   Floor Trader Order Enterer Application
Alternative to Fingerprinting Requirement For Foreign Natural Persons

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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	78,307	78,109	0	198	0	0
Annual Time Burden (Hours)	7,525	7,030	0	495	0	0
Annual Cost Burden (Dollars)	49,500	0	0	49,500	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 amendment to Regulation 3.21 by the Alternative to Fingerprinting Requirement final rule allows certain Commission registrants to elect to submit a certification in lieu of submitting a fingerprint card for certain foreign natural persons. The Commission estimates that the final rule will result in an aggregate burden hours increase of 495.0 hours (198 respondents X 2.5 hours/respondent).

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Annual Cost to Federal Government: $0

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? 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? 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: 04/01/2016

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