[Federal Register Volume 88, Number 13 (Friday, January 20, 2023)]
[Pages 3720-3721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01050]



Agency Information Collection Activities: Notice of Intent To 
Renew Collection 3038-0009: Large Trader Reports

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.


SUMMARY: The Commodity Futures Trading Commission (CFTC) is announcing 
an opportunity for public comment on the proposed collection of certain 
information by the agency. Under the Paperwork Reduction Act of 1995 
(PRA), Federal agencies are required to publish notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, and 
to allow 60 days for public comment in response to the notice. This 
notice solicits comments on large trader reports and related forms.

DATES: Comments must be submitted on or before March 21, 2023.

ADDRESSES: You may submit comments, identified by OMB Control No. 3038-
0009, by any of the following methods:
     The Agency's website, at http://comments.cftc.gov/. Follow 
the instructions for submitting comments through the website.
     Mail: Christopher J. Kirkpatrick, Secretary of the 
Commission, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1155 21st Street NW, Washington, DC 20581.
     Hand Delivery/Courier: Same as mail above.
    Please submit your comments using only one method. All comments 
must be submitted in English, or if not, accompanied by an English 
translation. Comments will be posted as received to https://www.cftc.gov.

FOR FURTHER INFORMATION CONTACT: Jonathan Lave, Associate Director, 
Division of Market Oversight, Commodity Futures Trading Commission, 
(202) 418-5983; email: [email protected].

SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501 et seq., 
Federal agencies must obtain approval from the Office of Management and 
Budget (OMB) for each collection of information they conduct or 
sponsor. ``Collection of information'' is defined in 44 U.S.C. 3502(3) 
and 5 CFR 1320.3(c) and includes agency requests or requirements that 
members of the public submit reports, keep records, or provide 
information to a third party. Section 3506(c)(2)(A) of the PRA, 44 
U.S.C. 3506(c)(2)(A), requires Federal agencies to provide a 60-day 
notice in the Federal Register concerning each proposed collection of 
information, including each proposed extension of an existing 
collection of information, before submitting the collection to OMB for 
approval. To comply with this requirement, the CFTC is publishing 
notice of the proposed collection of information listed below. An 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number.\1\

    \1\ 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 1320.8 (b)(3)(vi).

    Title: Large Trader Reports (OMB Control No. 3038-0009). This is a 
request for extension of a currently approved information collection.
    Abstract: The reporting rules covered by OMB control number 3038-
0009 (``the Collection'') are structured to ensure that the Commission 
receives adequate information to carry out its market and financial 
surveillance programs. The market surveillance programs analyze market 
information to detect and prevent market disruptions and enforce 
speculative position limits. The financial surveillance programs 
combine market information with financial data to assess the financial 
risks presented by large customer positions to Commission registrants 
and clearing organizations.\2\

    \2\ OMB control number 3038-0009 previously included the burdens 
related to collections of information under 17 CFR part 19. That is 
no longer the case. Pursuant to position limits rule amendments, the 
burden associated with collections of information under part 19 
(Reports by Persons Holding Bona Fide Hedge Positions and By 
Merchants and Dealers in Cotton) was moved to OMB control number 
3038-0013 in 2020.

    The reporting rules are implemented by the Commission partly 
pursuant to the authority of Sections 4a, 4c(b), 4g, and 4i of the 
Commodity Exchange Act. Section 4a of the Act permits the Commission to 
set, approve exchange-set, and enforce speculative position limits. 
Section 4c(b) of the Act gives the Commission plenary authority to 
regulate transactions that involve commodity options. Section 4g of the 
Act imposes reporting and recordkeeping obligations on registered 
entities and registrants (including futures commission merchants 
(FCMs), introducing brokers, floor brokers, or floor traders), and 
requires each registrant to file such reports as the Commission may 
require on proprietary and customer positions executed on any board of 
trade in the United States or elsewhere. Lastly, section 4i of the Act 
requires the filing of such reports as the Commission may require when 
positions made or obtained on designated contract markets or 
derivatives transaction execution facilities equal or exceed 
Commission-set levels.
    With respect to the following collection of information, the CFTC 
invites comments on:
     Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information will have a practical 
     The accuracy of the Commission's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
     Ways to enhance the quality, usefulness, and clarity of 
the information to be collected; and
     Ways to minimize the burden of collection of information 
on those who are to respond, including through the use of appropriate 
automated electronic, mechanical, or other technological collection 
techniques or other forms of information technology; e.g., permitting 
electronic submission of responses.
    You should submit only information that you wish to make available 
publicly. If you wish the Commission to consider information that you 
believe is

[[Page 3721]]

exempt from disclosure under the Freedom of Information Act, a petition 
for confidential treatment of the exempt information may be submitted 
according to the procedures established in Sec.  145.9 of the 
Commission's regulations.\3\

    \3\ 17 CFR 145.9.

    The Commission reserves the right, but shall have no obligation, to 
review, pre-screen, filter, redact, refuse or remove any or all of your 
submission from http://www.cftc.gov that it may deem to be 
inappropriate for publication, such as obscene language. All 
submissions that have been redacted or removed that contain comments on 
the merits of the ICR will be retained in the public comment file and 
will be considered as required under the Administrative Procedure Act 
and other applicable laws, and may be accessible under the Freedom of 
Information Act.
    Burden Statement: The respondent burden for this collection is 
estimated to be .25 hour per response, on average. These estimates 
include the time to locate the information related to the exemptions 
and to file necessary exemption paperwork. There are approximately 
72,644 responses annually, thus the estimated total annual burden on 
respondents is 18,512 hours.
    Respondents/Affected Entities: Large Traders, Clearing Members, 
Contract Markets, and other entities affected by Commission regulations 
16.00 and 17.00 as well as Part 21.
    Estimated number of respondents: 350.
    Estimated Average Burden Hours per Respondent: 52.9 hours.
    Estimated total annual burden on respondents: 18,152 hours.
    Frequency of collection: Periodically.
    There are no capital costs or operating and maintenance costs 
associated with this collection.

(Authority: 44 U.S.C. 3501 et seq.)

    Dated: January 17, 2023.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023-01050 Filed 1-19-23; 8:45 am]