Core Principles & Other Requirements for DCMs

Forms and Documents

Document Name	Status
Supporting Statement System Safeguards Requirements.doc Supporting Statement A	2016-09-15
(2016) Automated Trading NPRM-Amending-0052.pdf Supplementary Document	2016-08-11

IC Document Collections

IC ID	Document Title	Status
29100	Part 38 - Designated Contract Markets	Unchanged
219525	System Safeguards Testing Requirements	Modified
219146	Regulation Automated Trading	Removed
209110	Enhancing Protections Afforded Customers and Customer Funds Held by Futures Commission Merchants and Derivatives Clearing Organizations	Unchanged

ICR Details

OMB Control No: 3038-0052	ICR Reference No: 201608-3038-006
Status: Historical Active	Previous ICR Reference No: 201511-3038-001
Agency/Subagency: CFTC	Agency Tracking No:
Title: Core Principles & Other Requirements for DCMs
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: 12/29/2016
	Date Received in OIRA: 09/19/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2019	36 Months From Approved	09/30/2017
Responses	120	0	105
Time Burden (Hours)	8,678	0	8,670
Cost Burden (Dollars)	0	0	0

---

Abstract: The Commission is seeking to amend control number 3038-0052 to account for regulation 38.1051(n) that is being adopted in the System Safeguards and Cybersecurity Testing Final Rulemaking and requires designated contract markets (DCMs) to provide the Commission with annual trading volume information. The trading volume information is necessary to assist the Commission in its application of the enhanced system safeguard and cybersecurity testing requirements for DCMs whose annual trading volume in a calendar year is five percent or more of the combined annual trading volume of all DCMs regulated by the Commission.

---

Authorizing Statute(s): US Code: 7 USC 6, 6a, 6c, 6d, 6f, 6g, 6i, 6j Name of Law: CEA
   US Code: 7 USC 6k, 6l, 6m, 6n Name of Law: CEA
   US Code: 7 USC 7, 7a-s, 7b, 7b-1, 7b-3 Name of Law: CEA
   US Code: 7 USC 8, 9, 15, 21 Name of Law: CEA
   US Code: 7 USC 1a, 2, Name of Law: CEA
  

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

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3038-AE30	Final or interim final rulemaking	81 FR 64272	09/19/2016

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 80140	12/23/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 64272	09/19/2016
Did the Agency receive public comments on this ICR? Yes

---

Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Part 38 - Designated Contract Markets
Enhancing Protections Afforded Customers and Customer Funds Held by Futures Commission Merchants and Derivatives Clearing Organizations
System Safeguards Testing Requirements
Regulation Automated Trading

---

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	120	105	0	15	0	0
Annual Time Burden (Hours)	8,678	8,670	0	8	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: No

Burden Reduction Due to:

Short Statement: The amendment to the existing collection will increase the burden for DCMs as a result of the final rule that requires the submission of trading volume information to the Commission. The rule is designed to enable the Commission to accurately evaluate whether a particular DCM would be subject to the enhanced system safeguards and cybersecurity testing requirements.

---

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

---

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: 09/19/2016

---