Annual Report for Chief
Compliance Officer of Registrants
Revision of a currently approved collection
No
Regular
07/01/2022
Requested
Previously Approved
36 Months From Approved
08/31/2022
830
855
166,996
172,026
0
0
On April 3, 2012, the Commission
adopted Commission Regulation 3.3 (Chief Compliance Officer) under
sections 4d(d) and 4s(k) of the Commodity Exchange Act (“CEA”).
Commission Regulation 3.3 requires each futures commission merchant
(“FCM”), swap dealer (“SD”), and major swap participant (“MSP”) to
designate, by filing a form 8-R, a chief compliance officer who is
responsible for developing and administering policies and
procedures that fulfill certain duties of the FCM, SD, or MSP and
that are reasonably designed to ensure the registrant’s compliance
with the CEA and Commission regulations; establishing procedures
for the remediation of noncompliance issues identified by the chief
compliance officer; establishing procedures for the handling,
management response, remediation, retesting, and closing of
noncompliance issues; preparing, signing, certifying and filing
with the Commission an annual compliance report that contains the
information specified in the regulations; amending the annual
report if material errors or omissions are identified; and
maintaining records of the registrant’s compliance policies and
procedures and records related to the annual report. The
information collection obligations imposed by Commission Regulation
3.3 are essential to ensuring that FCMs, SDs, and MSPs maintain
comprehensive policies and procedures that promote compliance with
the CEA and Commission regulations. In particular, the Commission
believes that, among other things, these obligations (i) promote
compliance behavior through periodic self-evaluation, (ii) inform
the Commission of possible compliance weaknesses, (iii) assist the
Commission in determining whether the registrant remains in
compliance with the CEA and Commission regulations, and (iv) help
the Commission to assess whether the registrant has mechanisms in
place to adequately address compliance problems that could lead to
a failure of the registrant.
In light of the current number
of Commission-registered FCMs, SDs, and MSPs, the total number of
respondents (combined FCMs, SDs, and MSPs) is being reduced from
171 to 166. Accordingly, the aggregate burden hours have also
decreased.
$113,715
No
No
Yes
No
Yes
No
No
Thuy Dinh 202 418-5128
tdinh@cftc.gov
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:
(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;
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.