Harmonization of Compliance Obligation for Registered Investment Companies Required to Register as Commodity Pool Operators

Forms and Documents

Document Name	Status
Form CPO-PQR Part-4 Commodity Pool Operators and Commodity Trading Advisors Form and Instruction	Modified
Form CPO-PQR Harmonization of Compliance Obligation for Registered Investment Companies Required to Register as Commodity Pool Operators Form and Instruction	New
3038-0005 PRA Part 4 supporting statement FINAL HARMONIZATION v2.doc Supporting Statement A	2013-06-25

IC Document Collections

IC ID	Document Title	Status
29006	Part-4 Commodity Pool Operators and Commodity Trading Advisors Form and Instruction	Modified
207540	Harmonization of Compliance Obligation for Registered Investment Companies Required to Register as Commodity Pool Operators Form and Instruction	New

ICR Details

OMB Control No: 3038-0005	ICR Reference No: 201306-3038-008
Status: Historical Active	Previous ICR Reference No: 201204-3038-001
Agency/Subagency: CFTC	Agency Tracking No:
Title: Harmonization of Compliance Obligation for Registered Investment Companies Required to Register as Commodity Pool Operators
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: 11/19/2013
	Date Received in OIRA: 08/22/2013
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2016	36 Months From Approved	03/31/2015
Responses	68,420	0	69,082
Time Burden (Hours)	276,060	0	272,420
Cost Burden (Dollars)	0	0	0

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Abstract: The disclosure, filing, and recordkeeping requirements within Part 4 of the Commission's regulations were established to assist customers, to facilitate the Commission and NFA in monitoring compliance with the Part 4 rules, and to enable the Commission to better monitor the markets risks posed by the Commission's registrants. Failure to require the information in this collection would severely hamper these efforts. These records also provide the Commission with its source of independent aggregated financial information concerning the commodity pool industry, which informs the Commission's policy decision making. The respondents are entities registered as CPOs and CTAs with the Commission.

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Authorizing Statute(s): US Code: 7 USC 6m Name of Law: CTA/CPO Registration Req't
   US Code: 7 USC 6n Name of Law: CTA/CPO Registration Procedure
   PL: Pub.L. 111 - 203 124 Stat 1376 (2010) Name of Law: Dodd-Frank
  

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

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3038-AD30	Final or interim final rulemaking	78 FR 52308	08/22/2013

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Federal Register Notices & Comments

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
Part-4 Commodity Pool Operators and Commodity Trading Advisors	CPO-PQR, CTA-PR	CPO-PQR ,   CTA-PR
Harmonization of Compliance Obligation for Registered Investment Companies Required to Register as Commodity Pool Operators	CPO-PQR, CTA-PR	CPO-PQR ,   CTA-PR

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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	68,420	69,082	45,476	-46,138	0	0
Annual Time Burden (Hours)	276,060	272,420	16,886	-13,246	0	0
Annual Cost Burden (Dollars)	0	0	0	0	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: Yes

Burden Reduction Due to: Cutting Redundancy

Short Statement: The Commission is amending Collection 3038-0005 to increase the estimated total number of respondents, total annual responses for all respondents, and annual reporting burden from the estimates that appeared in the Proposal. These amendments are in response to comments that the Commission received regarding the burdens imposed by the Proposal and also reflect the differences between the Proposal and the final rule. Thus, the new total burden in the 2012 Final Rule associated with Collection 3038-0005 has increased to account for the burdens associated with the various information collections in this final rule. However, in the Proposal, the Commission inadvertently reflected the additional number of entities that were already included in the Commission's final amendment to Collection 3038-0005 associated with the 2012 Final Rule, and therefore, the additional amendments to Collection 3038-0005 in the Proposal resulted in those entities being erroneously double counted. The new IC-Harmonization of Compliance Obligation... refects the additional number of respondents. The supporting statement breaks down the estimated number of hours per response for the affected regulatory sections: 4.7(b)(4), 4.12(c), 4.12(d), 4.22(c), 4.23, 4.26 and 4.36.

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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: 08/22/2013

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