Position Reports for Physical Commodity Swaps, 17 CFR Part 20

Forms and Documents

Document Name	Status
Form CFTC Form 40 (05/0 Position Reports for Physical Commodity Swaps Form and Instruction	Modified
8a(5) (Statutory Prov-12a).pdf Supplementary Document	2011-09-29
4t (Statutory Prov-6t).pdf Supplementary Document	2011-09-29
4a (Statutory Prov-6a).pdf Supplementary Document	2011-09-29
Final Part 20-Supporting Statement Clean (2).docx Supporting Statement A	2011-09-29
30-FRN (Part 20).pdf Supplementary Document	2010-11-02
Part 20 PRA Relevant Statutes.pdf Supplementary Document	2010-10-22

IC Document Collections

IC ID	Document Title	Status
194908	Position Reports for Physical Commodity Swaps Form and Instruction	Modified

ICR Details

OMB Control No: 3038-0095	ICR Reference No: 201109-3038-005
Status: Historical Active	Previous ICR Reference No: 201010-3038-005
Agency/Subagency: CFTC	Agency Tracking No:
Title: Position Reports for Physical Commodity Swaps, 17 CFR Part 20
Type of Information Collection: Existing collection in use without an OMB Control Number	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/22/2011
	Date Received in OIRA: 10/19/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2014	36 Months From Approved
Responses	56,055	0	0
Time Burden (Hours)	164,802	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Commodity Futures Trading Commission is proposing reporting regulations that are reasonably necessary for implementing and enforcing aggregate position limits for certain physical commodity derivatives mandated by the Dodd-Frank financial reform bill. The Commission's proposal would require position reports on economically equivalent swaps from clearing organizations, their members, and swap dealers.

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Authorizing Statute(s): PL: Pub.L. 111 - 203 124 Stat. 1376 (2010) Name of Law: Dodd-Frank
   US Code: 7 USC 1 et seq. Name of Law: Position Reports for Physical Commodity Swaps
   US Code: 7 USC 6a Name of Law: Excessive Speculation
   US Code: 7 USC 6t Name of Law: Large Swap Trader Reporting
   US Code: 7 USC 12a Name of Law: Registration of Commodity Dealers . . .
  

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

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3038-AD17	Final or interim final rulemaking	76 FR 43851	07/22/2011

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 67258	11/02/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 43851	07/22/2011
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
Position Reports for Physical Commodity Swaps	CFTC Form 40 (05/00)	Statement of Reporting Trader

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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	56,055	0	56,055	0	0	0
Annual Time Burden (Hours)	164,802	0	164,802	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: $2,240,000

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

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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: 10/19/2011

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