Registration under the Commodity Exchange Act

Forms and Documents

Document Name	Status
Form Form 7-R Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations Form and Instruction	Modified
Notice with Form 8-R.pdf Supplementary Document	2018-12-12
60-day Notice 4-28-17.pdf Supplementary Document	2018-12-12
30-day Notice 12-12-18.pdf Supplementary Document	2018-12-12
Form 8-R PRA Supporting Stmt 11-26-18.doc Supporting Statement A	2018-12-06

IC Document Collections

IC ID	Document Title	Status
220868	Alternative to Fingerprinting Requirement For Foreign Natural Persons	Unchanged
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: 201806-3038-002
Status: Historical Active	Previous ICR Reference No: 201604-3038-003
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: 01/30/2019
	Date Received in OIRA: 12/12/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2020	36 Months From Approved	06/30/2019
Responses	12,265	0	78,307
Time Burden (Hours)	7,735	0	7,525
Cost Burden (Dollars)	49,500	0	49,500

---

Abstract: This ICR covers the Commodity Futures Trading Commission (“Commission” or “CFTC”) amendments to its Form 8-R. The 8-R is the application form that individuals must use to register with the Commission as an associated person of a registrant, floor broker, or floor trader, or to be listed as a principal of a registrant (collectively, “applicants”). 17 CFR 3.10(a)(2), 3.11(a), and 3.12(c). Form 8-R requests information about the applicant that is necessary to assess the applicant’s fitness to engage in business as a derivatives professional, subject to regulation and oversight by the Commission. Individual applicants have been required to use Form 8-R since 1977. Revision of Registration Forms and Amendment of Related Rules, 42 FR 23988 (May 11, 1977) (Form 8-R replaced Forms 2-R, 4-R and 94). This ICR also addresses the implications of the Form 3-R cancellation. With regards to the Alternative to Fingerprinting Requirement For Foreign Natural Persons: the alternative to fingerprinting recognized the limitations on usefulness of fingerprints of foreign nationals while also ensuring the continued protection of market participants and the public through submission of a certification to NFA relating to the background check of the relevant foreign natural person and maintainance of records relating thereto pursuant to Commission regulation 3.21. With regards to 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.

---

Authorizing Statute(s): 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, 6s Name of Law: CEA
   US Code: 7 USC 12a Name of Law: CEA
   US Code: 7 USC 13c Name of Law: CEA
  

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:
	82 FR 19663	04/28/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 63843	12/12/2018
Did the Agency receive public comments on this ICR? No

---

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	Form 8-R, Form 7-R	Firm Application ,   Individual Application
Alternative to Fingerprinting Requirement For Foreign Natural Persons

---

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	12,265	78,307	0	-66,042	0	0
Annual Time Burden (Hours)	7,735	7,525	0	210	0	0
Annual Cost Burden (Dollars)	49,500	49,500	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Existing collections 3038-0023 and 3038-0072 (1st ICs respectively) are being amended to reflect a modest increase in the information collection burdens associated with the new version of Form 8-R. The collection burden associated with the new version of Form 8-R increased by 0.10 hours, resulting in a new collection burden of 0.9 hours for Form 8-R. In addition, an additional .10 hours from the burden associated with the cancelled Form 3-R, has been reassigned to Form 8-R. Thus, the new burden for Form 8-R is estimated to be 1 hour. However, the total burden estimate reflects the average number of hours per response across all of the registration forms (Forms 7-R, 8-R, 7-W, and 8-T), which is consistent with the historical practice of the Commission of addressing the burden estimates in aggregate, rather than separately on a form-by-form basis. The Commission is also amending collections 3038-0023 and 3038-0072 to decrease the number of responses to more accurately reflect that Form 8-R is one of four Commission registration forms (Forms 7-R, 8-R, 7-W, and 8-T), all of which are filed on an “as needed” basis, upon registering or when registration information changes, including withdrawal of registration.

---

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.     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.     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

---

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: 12/12/2018

---