[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Pages 18301-18302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06308]



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 27, 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. 3038-0013, 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-

[[Page 18302]]

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: Steven A. Haidar, Assistant Chief 
Counsel, Division of Market Oversight, (202) 418-5611, email: 
[email protected]; or Grey Tanzi, Assistant Chief Counsel, Division of 
Market Oversight, (312) 596-0635, email: [email protected].

    Title: Part 150, Position Limits, (OMB Control No. 3038-0013). This 
is a request for extension of a currently approved information 
    Abstract: Commodity Exchange Act (``CEA'') section 4a directs the 
Commission to establish limits on speculative positions, as the 
Commission determines to be necessary, to prevent the harms caused by 
excessive speculation. This Position Limits collection of information 
(OMB Control No. 3038-0013) includes collections of information 
required under both the Final Rule and the Aggregation Rule (as each 
Rule is defined below).
    In 2021, the Commission issued a final rule on position limits that 
implemented CEA section 4a and established the Commission's new 
position limits regime found in part 150 of the Commission's 
Regulations (``Final Rule'').\2\ The Final Rule, among other things, 
included: new and amended Federal spot-month limits for the 25 core 
referenced futures contracts; (2) amended Federal non-spot limits for 
the nine legacy agricultural contracts subject to existing Federal 
position limits; (3) amended rules governing exchange-set limit levels 
and grants of exemptions therefrom; (4) an amended process for 
requesting certain spread exemptions and non-enumerated bona fide hedge 
recognitions for purposes of Federal position limits directly from the 
Commission; (5) a new streamlined process for recognizing non-
enumerated bona fide hedge positions from Federal limit requirements; 
and (6) amendments to part 19 of the Commission's Regulations and 
related provisions that eliminated certain reporting obligations that 
require traders to submit a Form 204 and Parts I and II of Form 304.

    \2\ See ``Position Limits for Derivatives,'' 86 FR 3236 (Jan. 
24, 2021).

    Separately, in 2016 the Commission issued a final rule amending 
Commission Regulation 150.4, which sets forth requirements regarding 
the aggregation of positions subject to federal position limits (the 
``Aggregation Rule'').\3\ Among other things, Regulation 150.4 includes 
standards for the aggregation of accounts and procedures for seeking an 
exemption from position aggregation requirements under the Commission's 
federal position limits.

    \3\ See ``Aggregation of Positions,'' 81 FR 91454 (Dec. 16, 
2016). The position aggregation requirements set forth in Regulation 
150.4 are the subject of No-Action Letter 22-09 and have been the 
subject of similar no-action letters since the rule's effective 
date. As such, as of the date of this notice, market participants do 
not submit the reports set forth in Regulation 150.4. Accordingly, 
all collections of information and related burden estimates under 
Regulation 150.4 are hypothetical.

    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.\4\ On January 19, 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 3395 (``60-Day 
Notice''). The Commission did not receive any relevant comments on the 
60-Day Notice.

    \4\ 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and 1320.8 (b)(3)(vi).

    Burden Statement: The Commission anticipates that there will 
continue to be approximately 776 respondents and the hourly burden will 
remain the same as provided in the 60-Day Notice. The respondent burden 
for this collection is estimated to be as follows:
    Estimated number of respondents: 776.
    Estimated average burden hours per respondent: 15.14 hours.
    Estimated total annual burden hours for all respondents: 11,748 
    Frequency of Collection: As needed.
    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. 2023-06308 Filed 3-27-23; 8:45 am]