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

Forms and Documents

Document Name	Status
(2020) 30-day notice for 3038-0049.pdf Supplementary Document	2020-05-27
(2020) 60-day notice for 3038-0049.pdf Supplementary Document	2020-05-27
2020 Supporting Statement 3038-0049 - final.docx Supporting Statement A	2020-05-27

IC Document Collections

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

ICR Details

OMB Control No: 3038-0049	ICR Reference No: 202005-3038-002
Status: Active	Previous ICR Reference No: 201703-3038-004
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 without change	Conclusion Date: 07/10/2020
	Date Received in OIRA: 05/27/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2023	36 Months From Approved	07/31/2020
Responses	68	0	778
Time Burden (Hours)	2,720	0	2,704
Cost Burden (Dollars)	0	0	0

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Abstract: In order to process and evaluate requests for interpretative, no-action, and exemptive letters, the Commission requires accurate and complete background information concerning the persons and activities involved, the relief requested, and the legal justification or other rationale for the request. The regulations specifying the type of information to be provided and the procedures to be followed when making such a request save time and resources for requestors and Commission staff.

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Authorizing Statute(s): US Code: 7 USC 12(a) 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:
	85 FR 15436	03/18/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 31750	05/27/2020
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
Procedural Requirements for Requests 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	68	778	0	-710	0	0
Annual Time Burden (Hours)	2,720	2,704	0	16	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: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Overall burden hours have increased slightly from 2,704 to 2,720. The total burden hours were adjusted to account for a different number of estimated respondents (68 respondents = 45 annual respondents who receive Commission responses + approximately 23 to account for those respondents who prepare requests for relief that do not generate a Commission staff letter in response), and an increased average annual burden hours per respondent (40 hours). These estimates are based on the average number of interpretive, no-action, and exemptive letters issued by Commission staff in 2017, 2018, and 2019 – as well as the level of complexity in responses received by the Commission.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 05/27/2020

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