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
2023 30-Day FRN 3038-0005 (88 FR 65661).pdf Supplementary Document	2023-09-25
2023 60-Day FRN 3038-0005 (88 FR 44280).pdf Supplementary Document	2023-09-22
2023 Supporting Statement 3038-0005.docx Supporting Statement A	2023-09-22

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	Removed

ICR Details

OMB Control No: 3038-0005	ICR Reference No: 202306-3038-006
Status: Received in OIRA	Previous ICR Reference No: 202011-3038-006
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: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/25/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	11/30/2023
Responses	120,415	130,312
Time Burden (Hours)	432,325	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.

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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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 44280	07/12/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 65661	09/25/2023
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
Commodity Pool Operator Annual Report
Part-4 Commodity Pool Operators and Commodity Trading Advisors	CTA-PR, CPO-PQR	CTA-PR ,   CPO-PQR

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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	120,415	130,312	0	0	-9,897	0
Annual Time Burden (Hours)	432,325	432,347	0	0	-22	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: There are no program changes. This submission seeks to renew an existing data collection requirement. The Commission is updating its burden hour cost estimates to reflect current wage estimates for 2023. In addition, the Commission is revising the collection by removing the second Information Collection titled “Commodity Pool Operator Annual Report,” which covers information collection requirements associated with regulations in §§ 4.22(d)(2) and 4.22(g)(2)(ii) of the Commission’s regulations. These information collections are accounted for under the Information Collection titled “Part 4-Commodity Pool Operators and Commodity Trading Advisors.” Accordingly, the “Commodity Pool Operator Annual Report” IC is being removed to avoid duplication and double-counting. This consolidation and revision yields a total burden hour estimate of 432,325 annual burden hours (a 22-hour reduction from the prior estimate of 432,347 annual burden hours).

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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: 09/25/2023

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