Rules Relating to the Operations and Activities of CPOs and CTAs and to Monthly Reporting by FCMs (Commodity Pool Operator Annual Report)

Forms and Documents

Document Name	Status
Form CPO-PQR Part-4 Commodity Pool Operators and Commodity Trading Advisors Form and Instruction	Unchanged
Form CPO-PQR Harmonization of Compliance Obligation for Registered Investment Companies Required to Register as Commodity Pool Operators Form and Instruction	Unchanged
NPRM-Published FRN (8-5-2016).pdf Supplementary Document	2016-08-05
3038-0005 PRA supportingstatement 7-29-16.doc Supporting Statement A	2016-07-29

IC Document Collections

IC ID	Document Title	Status
29006	Part-4 Commodity Pool Operators and Commodity Trading Advisors Form and Instruction	Unchanged
222573	Commodity Pool Operator Annual Reports	New
207540	Harmonization of Compliance Obligation for Registered Investment Companies Required to Register as Commodity Pool Operators Form and Instruction	Unchanged

ICR Details

OMB Control No: 3038-0005	ICR Reference No: 201606-3038-002
Status: Historical Inactive	Previous ICR Reference No: 201306-3038-008
Agency/Subagency: CFTC	Agency Tracking No:
Title: Rules Relating to the Operations and Activities of CPOs and CTAs and to Monthly Reporting by FCMs (Commodity Pool Operator Annual Report)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 09/15/2016
	Date Received in OIRA: 08/05/2016
Terms of Clearance: Please respond to any comments received on the rule associated in the submission associated with the final rule.

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

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Abstract: The Commission is proposing to amend Regulation 4.22 to provide to eligible CPOs: (1) an optional alternative to complying with the requirement to compute and present the financial statements in a pool Annual Report in accordance with U.S. GAAP (or in accordance with IFRS); and (2) an optional alternative to complying with the audit requirement for the Annual Report for a pool’s first fiscal year. The notice filings that would be required to claim the relief and recordkeeping requirement for waivers would be used by Commission staff and staff of the National Futures Association to determine which CPOs have claimed the exemption(s), and to reviewing required filings and in oversee compliance by CPOs with their reporting requirements.

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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-AE47	Proposed rulemaking	81 FR 51828	08/05/2016

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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: 3

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
Commodity Pool Operator Annual Reports

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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: Under this collection, the revised burden figures reflect the proposed notice filing requirements and the requirement to obtain written waivers and maintain the same as required records.

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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: 08/05/2016

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