Rules Relating to the Operations and Activities of Commodity Pool Operators and Commodity trading Advisors and to Monthly Reporting by Futures Commission Merchants

Forms and Documents

Document Name	Status
Form CTA-PR Part-4 Commodity Pool Operators and Commodity Trading Advisors Form and Instruction	Modified
(2020) Form CPO-PQR Final Rule.3038-0005 Supporting Statement.2020.11.05 (final) (002).docx Supporting Statement A	2020-11-24

IC Document Collections

IC ID	Document Title	Status
29006	Part-4 Commodity Pool Operators and Commodity Trading Advisors Form and Instruction	Modified
224332	Commodity Pool Operator Annual Report	Unchanged

ICR Details

OMB Control No: 3038-0005	ICR Reference No: 202011-3038-006
Status: Received in OIRA	Previous ICR Reference No: 202010-3038-001
Agency/Subagency: CFTC	Agency Tracking No:
Title: Rules Relating to the Operations and Activities of Commodity Pool Operators and Commodity trading Advisors and to Monthly Reporting by Futures Commission Merchants
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/24/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	11/30/2023
Responses	130,312	130,312
Time Burden (Hours)	432,347	432,347
Cost Burden (Dollars)	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 the National Futures Association (NFA) in monitoring compliance with the part 4 rules, and to enable the Commission to better monitor the market risks posed by the Commission’s registrants, particularly commodity pool operators (CPOs) and commodity trading advisors (CTAs). Commission regulation 4.13 provides exemptions from CPO registration to certain persons and their commodity pools meeting the relevant conditions thereunder; Commission regulation 4.13(b)(1) generally requires as a condition of this exemptive relief that persons seeking to operate as exempt CPOs file a notice with the Commission. The Commission proposed via Notice of Proposed Rulemaking (NPRM) to streamline Form CPO-PQR in a manner that it expects will better focus Commission efforts on the most useful data and potentially improve overall data quality. 85 FR 26378 (May 4, 2020). After considering the proposed amendments and public comments received, the Commission adopted these amendments at a public Commission meeting recently held on October 6, 2020 (CPO-PQR Final Rule). Specifically, the CPO-PQR Final Rule adopts revisions to Form CPO-PQR that simplify its structure and content by: (a) eliminating existing Schedules B and C of Form CPO-PQR, except for the Pool Schedule of Investments; (b) amending the remaining information requirements and instructions to request Legal Entity Identifiers for CPOs and their operated pools that have them, and to delete questions regarding pool auditors and marketers; and (c) making certain other changes to the form due to the rescission of Schedules B and C, including the elimination of all reporting thresholds. The CPO-PQR Final Rule also will require all registered CPOs to file Form CPO-PQR, as revised, on a quarterly basis, with NFA’s own Form PQR additionally accepted by the Commission as substituted compliance through amended Commission regulation 4.27. The purpose of this amendment to the information collection is to adjust its burden hour estimates, such that they accurately reflect the expected burden experienced by registered CPOs completing and filing the revised form on a uniform quarterly schedule.

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Authorizing Statute(s): US Code: 7 USC 6l, 6m, 6n, 6o Name of Law: CEA
   US Code: 7 USC 1a, 2, 12a, 23 Name of Law: CEA
   US Code: 7 USC 6(c), 6b, 6c Name of Law: CEA
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3038-AE98	Final or interim final rulemaking	85 FR 71772	11/10/2020

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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	CTA-PR, CPO-PQR	CTA-PR ,   CPO-PQR
Commodity Pool Operator Annual Report

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ICR Summary of Burden

	Total Request	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	130,312	130,312	0	0	0	0
Annual Time Burden (Hours)	432,347	432,347	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	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:

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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.     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? 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: 11/24/2020

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