[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Pages 59877-59878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18710]

[[Page 59877]]



Agency Information Collection Activities: Notice of Intent to 
Renew Collection 3038-0103, Ownership and Control Reports, Forms 102/
102S, 40/40S, and 71 (Trader and Account Identification Reports)

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 
proposed renewal of the collection of certain information by the 
agency. Under the Paperwork Reduction Act (``PRA''), Federal agencies 
are required to publish notice in the Federal Register concerning each 
proposed collection of information and to allow 60 days for public 
comment. This notice solicits comments in connection with information 
collection requirements under certain rules and related forms (the 
``final rules'') that the Commission adopted to enhance its 
identification of futures and swap market participants.

DATES: Comments must be submitted on or before October 30, 2023.

ADDRESSES: You may submit comments, identified by OMB Control No. 3038-
0103, by any of the following methods:
     CFTC Website: 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 of these methods and 
identify that it is for the renewal of Collection Number 3038-0103.

FOR FURTHER INFORMATION CONTACT: Chase Lindsey, Assistant Chief 
Counsel, Division of Market Oversight, Commodity Futures Trading 
Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 
20581; (202) 740-4833; [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 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 
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.
    Title: Ownership and Control Reports, Forms 102/102S, 40/40S, and 
71 (Trader and Account Identification Reports) (OMB Control No. 3038-
0103). This is a request for extension of a currently approved 
information collection.
    Abstract: The final rules \1\ created new information collection 
requirements via Sec. Sec.  17.01, 18.04, 18.05, and 20.5. 
Specifically, Sec.  17.01 provides for the filing of Form 102A, Form 
102B and Form 71, as follows:

    \1\ See Final Rule, Ownership and Control Reports, Forms 102/
102S, 40/40S, and 71, 78 FR 69178 (Nov. 18, 2013). Terms used herein 
and not otherwise defined herein shall have the meaning assigned to 
such terms in the final rules or in the Commission's regulations.

     Pursuant to Sec.  17.01(a), futures commission merchants 
(``FCMs''), clearing members, and foreign brokers shall identify new 
special accounts to the Commission on Form 102A;
     Pursuant to Sec.  17.01(b), clearing members shall 
identify volume threshold accounts to the Commission on Form 102B; and
     Pursuant to Sec.  17.01(c), omnibus volume threshold 
account originators and omnibus reportable sub-account originators 
shall identify reportable subaccounts to the Commission on Form 71 when 
requested via a special call by the Commission or its designee.
    Additional reporting requirements arise from Sec.  18.04, which 
results in the collection of information via Form 40 from and regarding 
traders who own, hold, or control reportable positions; volume 
threshold account controllers; persons who own volume threshold 
accounts; reportable sub-account controllers; and persons who own 
reportable sub-accounts.
    Reporting requirements also arise from Sec.  20.5(a), which 
requires all reporting entities to submit Form 102S for swap 
counterparty or customer consolidated accounts with reportable 
positions. In addition, Sec.  20.5(b) requires every person subject to 
books or records under current Sec.  20.6 to complete a 40S filing 
after a special call upon such person by the Commission.
    In addition to the reporting requirements summarized above, Sec.  
18.05 imposes recordkeeping requirements upon: (1) Traders who own, 
hold, or control a reportable futures or options on futures position; 
(2) volume threshold account controllers; (3) persons who own volume 
threshold accounts; (4) reportable sub-account controllers; and (5) 
persons who own reportable subaccounts.
    With respect to the 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.
    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. 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.\2\

    \2\ 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 
the merits of the Information Collection Request will be retained in 
the public

[[Page 59878]]

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 Commission estimates the burden of this 
collection of information as follows:
    Estimated Number of Respondents: 1,779.
    Estimated Average Burden Hours per Respondent: 102.
    Estimated Total Annual Burden Hours: 188,980.
    Frequency of Collection: On occasion.

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

    Dated: August 25, 2023.
Christopher Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2023-18710 Filed 8-29-23; 8:45 am]