Position Limits for Futures and Swaps

Forms and Documents

Document Name	Status
Form 401 Position Limits for Futures and Swaps Form and Instruction	Modified
Attachment B 2011.doc Supplementary Document	2011-11-23
Attachment A 2011.doc Supplementary Document	2011-11-23
Supporting Statement 2011.doc Supporting Statement A	2011-11-23

IC Document Collections

IC ID	Document Title	Status
195772	Position Limits for Futures and Swaps Form and Instruction	Modified

ICR Details

OMB Control No: 3038-0077	ICR Reference No: 201111-3038-001
Status: Historical Active	Previous ICR Reference No: 201012-3038-015
Agency/Subagency: CFTC	Agency Tracking No:
Title: Position Limits for Futures and Swaps
Type of Information Collection: Existing collection in use without an OMB Control Number	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/18/2012
	Date Received in OIRA: 11/29/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2015	36 Months From Approved
Responses	42,597	0	0
Time Burden (Hours)	307,460	0	0
Cost Burden (Dollars)	49,300	0	0

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Abstract: The Commission is proposing the reporting and recordkeeping requirements contained in the attached federal register release in order to establish an effective, efficient and comprehensive position limits regime. Congress mandated in Section 4a(a)(2) and 4a(a)(5) of the Commodity Exchange Act that the Commission establish federal limits on speculative trading with regard to physical commodity futures contracts (and options) along with swaps that are economically equivalent to such futures

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Authorizing Statute(s): PL: Pub.L. 111 - 203 124 Stat. 1376 (2010) Name of Law: Dodd - Frank Act
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 203 124 Stat. 1376 (2010) Name of Law: Dodd - Frank Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3038-AD17	Final or interim final rulemaking	76 FR 4752	01/26/2011

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 4752	01/11/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 71626	11/18/2011
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Position Limits for Futures and Swaps	404S, 401, 404A, 404	Position Visibility Reporting ,   Statement of Cash Positions in Physical Commodities ,   Statement of Anticipated Transactions in Physical Commidites ,   Statement of Pass-Through Swaps

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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	42,597	0	42,597	0	0	0
Annual Time Burden (Hours)	307,460	0	307,460	0	0	0
Annual Cost Burden (Dollars)	49,300	0	49,300	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: No

Burden Reduction Due to:

Short Statement: Because of changes in regulations.

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Annual Cost to Federal Government: $138,892

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: 11/29/2011

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