[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Pages 18127-18128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06247]



Agency Information Collection Activities Under OMB Review

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.


SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA), 
this notice announces that the Information Collection Request (ICR) 
abstracted below has been forwarded to the Office of Information and 
Regulatory Affairs (OIRA), of the Office of Management and Budget 
(OMB), for review and comment. The ICR describes the nature of the 
information collection and its expected costs and burden.

DATES: Comments must be submitted on or before April 26, 2023.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be submitted within 30 days of this 
notice's publication to OIRA, at https://www.reginfo.gov/public/do/PRAMain. Please find this particular information collection by 
selecting ``Currently under 30-day Review--Open for Public Comments'' 
or by using the website's search function. Comments can be entered 
electronically by clicking on the ``comment'' button next to the 
information collection on the ``OIRA Information Collections Under 
Review'' page, or the ``View ICR--Agency Submission'' page. A copy of 
the supporting statement for the collection of information discussed 
herein may be obtained by visiting https://www.reginfo.gov/public/do/PRAMain.
    In addition to the submission of comments to https://Reginfo.gov as 
indicated above, a copy of all comments submitted to OIRA may also be 
submitted to the Commodity Futures Trading Commission (the 
``Commission'' or ``CFTC'') by clicking on the ``Submit Comment'' box 
next to the descriptive entry for OMB Control No. 3038-0009, at https://comments.cftc.gov/FederalRegister/PublicInfo.aspx.
    Or by either of the following methods:
     Mail: Christopher 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.
    All comments must be submitted in English, or if not, accompanied 
by an English translation. Comments submitted to the Commission should 
include only information that you wish to make available publicly. If 
you wish the Commission to consider information that you believe is 
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.\1\ 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 https://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.

    \1\ 17 CFR 145.9.

FOR FURTHER INFORMATION CONTACT: Jonathan Lave, Associate Director, 
Division of Market Oversight, Commodity Futures Trading Commission, 
(202) 418-5983; email: [email protected], and refer to OMB Control No. 

    Title: Larger 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.
    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, 
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.
    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.\2\ On January 20, 2023, the 
Commission published in the Federal Register notice of the proposed 
extension of this information collection and provided 60 days for 
public comment on the proposed extension, 88 FR 3720 (``60-Day 

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

    The Commission received one relevant comment from Mangat Analytics, 
which recommended that large trader reports should specify by name who 
are the large traders and commercial hedgers. The Commission has 
determined to not require reporting entities to provide such 

[[Page 18128]]

The Commission believes requiring such information in large trader 
reports would be costly for respondents to implement and receiving such 
information in periodic reports would not have any practical use for 
the Commission in conducting effective market surveillance.
    Burden Statement: The respondent burden for this collection is 
estimated to be 0.25 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.
    Estimated Total Annual Burden Hours: 18,152.
    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: March 22, 2023.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023-06247 Filed 3-24-23; 8:45 am]