Aggregation of Positions

Forms and Documents

Document Name	Status
2015-15344 (30 day FR 3038-0013).pdf Supplementary Document	2015-06-23
0013 (60-day FRN-4-16-15).pdf Supplementary Document	2015-04-16
PRA-0013 Supporting Statement -031915.doc Supporting Statement A	2015-03-26

IC Document Collections

IC ID	Document Title	Status
29025	Exemptions from Speculative Limits	Unchanged

ICR Details

OMB Control No: 3038-0013	ICR Reference No: 201612-3038-003
Status: Historical Inactive	Previous ICR Reference No: 201503-3038-002
Agency/Subagency: CFTC	Agency Tracking No:
Title: Aggregation of Positions
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Withdrawn and continue	Conclusion Date: 12/21/2016
	Date Received in OIRA: 12/16/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2018	36 Months From Approved	10/31/2018
Responses	16	0	16
Time Burden (Hours)	48	0	48
Cost Burden (Dollars)	0	0	0

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Abstract: Section 4a(a) of the Commodity Exchange Act (Act) allows the Commission to set speculative limits in any commodity for future delivery in order to prevent excessive speculation. Certain sections of the Act and/or the Commission's regulations thereunder allow exemptions from the speculative limits for persons using the market for hedging and, under certain circumstances, commodity pool operators (CPOs) and similar traders. In order to take advantage of the exemptive relief under § 1.47 and 1.48, persons must file statements with the Commission. For relief under the Eligible Entity Exemption in § 150.3, entities must only furnish statements at the request of the Commission. The Commission requests statements of 2 such entities per year on average. The Commodity Futures Trading Commission (“Commission” or “CFTC”) is issuing a final rule to amend part 150 of the Commission’s regulations with respect to the policy for aggregation under the Commission’s position limits regime for futures and option contracts on nine agricultural commodities. The Commission notes that if its proposed position limits regime for other exempt and agricultural commodity futures and options contracts and the physical commodity swaps that are economically equivalent to such contracts are finalized, these amended regulations would also apply to the position limits regime for those contracts and swaps.

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Authorizing Statute(s): US Code: 7 USC 6a Name of Law: Excessive Speculation
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3038-AD82	Final or interim final rulemaking	81 FR 91454	12/16/2016

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Exemptions from Speculative Limits

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Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $3,520

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/16/2016

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