Procedural Requirements for Requests for Interpretative, No- Action and Exemptive Letters

Forms and Documents

Document Name	Status
30-day FRN (12-2010).pdf Supplementary Document	2010-12-09
60-day FRN (9-2010).pdf Supplementary Document	2010-12-09
0049 supporting statement (2).doc Supporting Statement A	2010-12-09

IC Document Collections

IC ID	Document Title	Status
29095	Procedural Requirements for Interpretative, No- Action and Exemptive Letters	Modified

ICR Details

OMB Control No: 3038-0049	ICR Reference No: 201012-3038-008
Status: Historical Active	Previous ICR Reference No: 200708-3038-001
Agency/Subagency: CFTC	Agency Tracking No:
Title: Procedural Requirements for Requests for Interpretative, No- Action and Exemptive Letters
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 03/22/2011
	Date Received in OIRA: 12/30/2010
Terms of Clearance: Agency is advised to classify burden appropriately as a change due to agency estimate.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2014	36 Months From Approved	03/31/2011
Responses	150	0	479
Time Burden (Hours)	1,050	0	3,197
Cost Burden (Dollars)	0	0	0

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Abstract: The rules establish procedures for requesting and issuing orders exempting securities brokers and dealers who trade security futures products pursuant to notice-registration as FCMs or IBs, or pursuant to exemption from the floor broker or floor registration requirements. The rules respond to the requirement in the Commodity Futures Modernization Act of 2000 that the Commission establish such procedures.

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Authorizing Statute(s): US Code: 7 USC 12a(5) (2000) Name of Law: Commodity Exchange Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 60087	09/29/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 76705	12/09/2010
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
Procedural Requirements for Interpretative, No- Action and Exemptive Letters

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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	150	479	0	0	-329	0
Annual Time Burden (Hours)	1,050	3,197	0	0	-2,147	0
Annual Cost Burden (Dollars)	0	0	0	0	0	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The decrease is as a result of fewer people submitting requests for no-action, interpretative, and exemptive letters.

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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? 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]? No

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: 12/30/2010

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