[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Pages 44280-44281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14773]



Agency Information Collection Activities: Notice of Intent To 
Extend Collection 3038-0005: Rules Relating to the Operations and 
Activities of Commodity Pool Operators and Commodity Trading Advisors 
and to Monthly Reporting by Futures Commission Merchants

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice.


SUMMARY: The Commodity Futures Trading Commission (CFTC or Commission) 
is announcing an opportunity for public comment on the collection of 
certain information by the Commission. Under the Paperwork Reduction 
Act (PRA), Federal agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information, 
including proposed extension of an existing collection of information, 
and to allow 60 days for public comment. This Federal Register notice 
solicits comments on the PRA implications of renewing the collection of 
data by the Commission, including comments addressing the burden to the 
entities in collecting the relevant information.

DATES: Comments must be submitted on or before September 11, 2023.

ADDRESSES: You may submit comments, identified by ``OMB Control No. 
3038-0005'' by any of the following methods:
     The Agency's website, at https://comments.cftc.gov/. 
Follow the instructions for submitting comments through the website.
     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.
    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: Amanda Olear, Director, (202) 418-
5283, [email protected]; Pamela Geraghty, Deputy Director, (202) 418-
5634, [email protected]; Peter Sanchez, Acting Associate Director, 
(202) 418-5237, [email protected]; or Elizabeth Groover, Special 
Counsel, (202) 418-5985, [email protected], Market Participants 
Division, Commodity Futures Trading Commission, 1155 21st Street NW, 
Washington, DC 20581.

SUPPLEMENTARY INFORMATION: Under the PRA, 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 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 before submitting 
the collection to OMB for approval. To comply with this requirement, 
the CFTC is publishing notice of the 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 number.
    Title: Rules Relating to the Operations and Activities of Commodity 
Pool Operators and Commodity Trading Advisors and to Monthly Reporting 
by Futures Commission Merchants (OMB control number 3038-0005). This is 
a request for extension of a currently approved information collection.
    Abstract: The various collections of information required by part 4 
\1\ of the Commission's regulations were previously approved by OMB in 
accordance with the PRA and assigned OMB control number 3038-0005. The 
Commission offers the following summary of the renewal to the notice 
and the resulting estimated impact on existing burden hour estimates 
associated with this information collection.

    \1\ 17 CFR 4.1-4.41.

    The Commodity Exchange Act (CEA) empowers the Commission with the 
authority to require commodity pool operators (CPOs) and commodity 
trading advisors (CTAs) to maintain books and records and to file 
reports as required by the Commission.\2\ The Commission also has the 
power to promulgate such regulations as it deems necessary to implement 
the purposes of the CEA.\3\ It is pursuant to this authority that the 
Commission has promulgated the various compliance requirements for CPOs 
and CTAs in 17 CFR part 4. The reporting, filing, and recordkeeping 
requirements within part 4 of the Commission's regulations were adopted 
to assist and inform customers, to establish customer protection 
initiatives for investors, to facilitate monitoring intermediary 
compliance with part 4 regulations by the Commission and its delegee, 
the National Futures Association (NFA), and to enable the Commission to 
better monitor the market risks posed by its registrants. The 
information collections are necessary to enable the Commission and NFA 
to accomplish the purposes of both the CEA and the compliance regime 
set forth in part 4 of the Commission's regulations.

    \2\ 7 U.S.C. 6n(3).
    \3\ 7 U.S.C. 8a(5).

    With regard to the information collection discussed above, 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 revision to the 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 further 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 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.\4\

    \4\ 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 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

[[Page 44281]]

the merits of the Information Collection Request 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 as follow:
    Respondents/affected entities: (1) All persons filing reports 
required by Part 4 for, and (2) all principals of such persons.
    Estimated number of respondents: 49,083.
    Estimated number of exempt pools/reports per respondent: 8.8.
    Estimated total annual burden on respondents: 432,325 hours.

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

    Dated: July 7, 2023.
Robert Sidman,
Deputy Secretary of the Commission.
[FR Doc. 2023-14773 Filed 7-11-23; 8:45 am]