[Federal Register Volume 91, Number 138 (Tuesday, July 21, 2026)]
[Rules and Regulations]
[Pages 45638-45640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-14710]


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COMMODITY FUTURES TRADING COMMISSION

17 CFR Part 20


Order Sunsetting Certain Large Trader Reporting Requirements for 
Physical Commodity Swaps

AGENCY: Commodity Futures Trading Commission.

ACTION: Final Order.

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SUMMARY: The Commodity Futures Trading Commission (``CFTC'' or the 
``Commission'') is issuing this Order pursuant to Sec.  20.9 of its 
regulations, the sunset provision of the Commission's large trader 
reporting rules for physical commodity swaps (``Part 20'' or the 
``Swaps LTR Rules''). Based on the findings set out below, the 
Commission is rendering the routine position-reporting requirements of 
Part 20 ineffective and unenforceable, while preserving, pursuant to 
Sec.  20.9(b), the Commission's authority to require the maintenance 
and production, on special call, of the underlying books, records, and 
futures-equivalent conversion methods. As a result, clearing 
organizations, clearing members, and swap dealers will no longer be 
required to file the daily and event-based position reports currently 
required under Part 20.

DATES: This Order is effective on July 21, 2026.

FOR FURTHER INFORMATION CONTACT: Stephen Andrews, Deputy General 
Counsel for Regulation, Office of the General Counsel, 
[email protected], 202-308-7563, Commodity Futures Trading Commission, 
Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581.

SUPPLEMENTARY INFORMATION:

I. Background

    Part 20 of the Commission's regulations requires large traders in 
certain physical commodity swaps and swaptions to file position reports 
with the Commission.\1\ The Commission adopted Part 20 on July 22, 
2011, during the implementation of the Dodd-Frank Wall Street Reform 
and Consumer Protection Act, as a temporary measure to enable the 
Commission to conduct surveillance of economically equivalent physical 
commodity futures, options, and swaps and to monitor and enforce 
position limits at a time when the Commission's broader swap data 
reporting framework had not yet been established.\2\
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    \1\ 17 CFR part 20.
    \2\ Large Trader Reporting for Physical Commodity Swaps, 76 FR 
43851 (July 22, 2011) (``Adopting Release'').
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    When it adopted Part 20, the Commission anticipated that the rules 
would become unnecessary once its swap data reporting regime matured, 
and it therefore included a sunset provision in Sec.  20.9. Section 
20.9(a) provides that, except as otherwise provided in Sec.  20.9(b), 
the sections of Part 20 ``shall become ineffective and unenforceable 
upon a Commission finding that, through the issuance of an order, 
operating swap data repositories are processing positional data and 
that such processing will enable the Commission to effectively surveil 
trading in paired swaps and swaptions and paired swap and swaption 
markets.'' Section 20.9(b) permits the Commission, in its discretion, 
to maintain the effectiveness and enforceability of any section of Part 
20, or any requirement therein, upon finding that it provides the 
Commission with positional data or data elements that materially 
improve the accuracy and surveillance utility of the positional data 
processed by swap data repositories (``SDRs'').
    Since 2011, the Commission's regulatory framework for swaps has 
changed substantially. The Commission, jointly with the Securities and 
Exchange Commission, has further defined the term ``swap''; has 
authorized the registration of SDRs under Part 49; has adopted and 
subsequently refined the swap data reporting requirements in Parts 43 
and 45; and has established position limits on economically equivalent 
swaps for the most systemically significant commodities in Part 150. 
Together, these developments have created a comprehensive and 
continuously maintained regime for the reporting of swap transaction 
and position data that did not exist when Part 20 was adopted.

II. The Part 20 Reports Now Largely Duplicate Data the Commission 
Obtains Through Its Swap Data Reporting Regime.

    Part 20 requires clearing organizations to report daily position 
data records (Sec.  20.3), requires clearing members and swap dealers 
to report daily consolidated-account position data records (Sec.  
20.4), and requires related identification filings (Sec.  20.5). These 
reporting obligations were designed to give the Commission daily 
visibility into large positions in physical commodity swaps in the 
energy, metals, and agricultural markets.
    The information collected through these reports is now, in 
substantial part, available to the Commission through its swap data 
reporting regime. Amendments to Part 49 adopted in 2020 require SDRs to 
identify ``open swaps''--a term the Commission adopted to serve the 
same function as the ``open swap'' and ``closed swap'' definitions in 
Part 20--and to provide the Commission with detailed reports, and 
direct electronic access to, that data. SDRs also collect, and can 
provide to the Commission, data identifying the futures contracts and 
commodities underlying open swaps, including

[[Page 45639]]

whether a swap references or is economically related to the futures 
contract relevant to the Commission's public reporting and position-
limits rules. Because SDR data is reported in a standardized format by 
a small number of registered repositories, the Commission is able to 
aggregate open-swap positions across market participants.
    The Commission further observes that the swap data reporting regime 
provides data on a more timely basis than the second-business-day (T+2) 
reporting required of clearing members and swap dealers under Sec.  
20.7(c),\3\ and that the quality and standardization of SDR data have 
been the subject of sustained Commission attention since 2011, whereas 
the substance of the Part 20 reporting requirements has not materially 
changed. The forthcoming extension of the unique product identifier 
(``UPI'') to the other commodity asset class is expected to enhance the 
Commission's ability to surveil these markets further.
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    \3\ See 17 CFR part 43 (requiring real-time public reporting of 
swap transaction and pricing data as soon as technologically 
practicable after execution); 17 CFR 45.3 (establishing swap data 
reporting deadlines).
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III. The Commission Makes Limited Use of the Data, and Market 
Participants Support Ending the Routine Reporting Requirement, Which 
Imposes Substantial Costs

    The routine Part 20 reporting requirement imposes significant and 
recurring costs on reporting entities. Clearing members and swap 
dealers must identify in-scope physical commodity swaps, convert those 
transactions into futures-equivalent positions, validate the resulting 
position data, and submit detailed daily reports--maintaining for that 
purpose reporting systems that are separate from, and cannot readily be 
integrated with, the systems used to satisfy the Commission's Parts 43 
and 45 requirements.\4\
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    \4\ For example, the Commission has estimated that these 
requirements impose costs totaling an estimated $21,899,208 in 
information collection burden and associated capital costs. See OMB 
Collection 3038-0095, ICR Ref. No. 202402-3038-003 (concluded Sept. 
16, 2024).
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    The Commission makes limited use of Part 20 data. The data are not 
used in the Commission's enforcement program, are used only 
occasionally in the Commission's market oversight function, and have 
become less useful as the Commission's other reporting rules have been 
modernized.
    The Commission has also received petitions from market participants 
requesting that it sunset Part 20. The Futures Industry Association 
(``FIA'') petitioned the Commission on September 22, 2025 to sunset the 
Swaps LTR Rules by Commission order \5\ and, in May 2026, FIA, the 
International Swaps and Derivatives Association, and the Securities 
Industry and Financial Markets Association jointly petitioned to the 
same effect.\6\ These petitions contend that the Swaps LTR Rules are 
duplicative of, and in relevant respects inferior to, the data 
available through the Commission's swap data reporting regime, and that 
the conditions for sunset under Sec.  20.9 have been satisfied.
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    \5\ Futures Industry Association, Petition for Repeal of a Rule 
(17 CFR 1.31): Large Trader Reporting of Physical Commodity Swaps 
(Sept. 22, 2025).
    \6\ Joint International Swaps and Derivatives Association, Inc., 
the Futures Industry Association, and the Securities Industry and 
Financial Markets Association Letter, Sunset of Large Trader 
Reporting (LTR) for Physical Commodity Swaps pursuant to Regulation 
20.9 (May 20, 2026).
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IV. Retaining the Commission's Authority To Call for the Underlying 
Records

    The Part 20 reports differ from SDR data in one respect that the 
Commission has considered. These reports submitted to the Commission 
include data on each trader's swap position already converted into a 
standardized futures-equivalent measure, which can assist the 
Commission in monitoring concentration in physical commodity swap 
positions. The Commission's swap data reporting systems collect the 
underlying swap transaction records and open swap position data but are 
not presently configured to process that data into the same futures-
equivalent form, in part because the UPI framework for the other 
commodity asset class is not yet fully implemented. The Commission is 
able to perform that conversion itself, at least in part, from the data 
it already receives, supplemented by market data.
    To ensure the Commission can continue to maintain the effectiveness 
and enforcement of any section of this part or requirement therein, the 
Commission is retaining, under Sec.  20.9(b), the recordkeeping and 
special-call provisions of Part 20. Under retained Sec.  20.6, clearing 
organizations and reporting entities must continue to keep records of 
their transactions in paired swaps and swaptions, and of the methods 
used to convert those positions into futures equivalents, and must 
furnish those records--together with any pertinent information--to the 
Commission upon request. Any such special call will be appropriately 
scoped and will seek only records and information relevant to the 
Commission's surveillance or oversight interest giving rise to the 
call. Consistent with Sec.  20.6, the Commission will afford recipients 
a reasonable period of time to respond to any special call, taking into 
account the scope of the call, the nature and volume of the records 
requested, and the format in which the recipient maintains those 
records in the ordinary course of its business. Retained Sec.  20.5(b) 
preserves the Commission's authority to require a Form 40S filing upon 
special call, and the relevant delegations in Sec.  20.8 remain in 
effect to permit those calls. As Sec.  20.6 already provides, the 
required records may be kept and reproduced for the Commission in the 
record-retention format that a person has developed in the normal 
course of its business operations. These retained provisions therefore 
call for records that reporting entities generally maintain in the 
ordinary course; they do not require the ongoing conversion, 
validation, and daily submission of position reports that make routine 
Part 20 reporting costly. The practical effect is that firms no longer 
bear the expense of daily reporting, the Commission retains a reliable 
means of obtaining position information when it is needed, and the 
Commission does not leave itself without access to the underlying data.
    The Commission emphasizes that it is retaining the recordkeeping 
and special-call provisions of Part 20 as a transitional measure. The 
Commission anticipates that the forthcoming extension of the UPI 
framework to the other commodity asset class, together with related 
enhancements to the Commission's swap data reporting framework, will 
enable the Commission to derive futures-equivalent position information 
directly from the data it receives. Upon implementation of the UPI 
framework for the other commodity asset class and the Commission's 
satisfaction that the resulting data are sufficient for its 
surveillance purposes, the Commission expects that the need for the 
retained special-call authority under Sec. Sec.  20.6 and 20.5(b) will 
diminish or be eliminated, and the Commission intends to revisit the 
continued necessity of these retained provisions at that time.

V. Final Order

    Upon due consideration and consistent with the determinations set 
forth herein, the Commission hereby issues the following order:
    1. Pursuant to Sec.  20.9(a), the Commission finds that SDRs 
collect the swap transaction records from market participants and 
construct open swap positions from the transaction records based on 
requirements detailed in Part

[[Page 45640]]

45 and report these data to the Commission. The Part 45 rule update in 
2020 provided additional granularity to reporting requirements 
(including counterparty-related fields and standardized data elements), 
resulting in higher coverage of swap transactions in which both 
counterparties are identified.\7\ Further improvements in the 
Commission's technical specifications for Parts 43 and 45 implemented 
in January 2024 have materially increased the accuracy and consistency 
of swap-market data. Taken together, these improvements, and the 
Commission's direct electronic access to SDR data under Part 49, enable 
the Commission to effectively surveil trading in paired swaps and 
swaptions and the boarder pair swap and swaption markets. Lastly, the 
Commission implemented Part 150 in 2021 to replace the Commission's 
positions limits with the federal speculative position limits on 25 
core physical commodity derivatives, further diminishing the 
surveillance value of the routine Part 20 positional reports. In 
reaching this finding, the Commission relies on the swap data reporting 
and repository framework established under Parts 43, 45, and 49; the 
availability to the Commission, through that framework, of transaction 
and position data for open swaps; the Commission's direct electronic 
access to SDR data; and the position-limits framework in Part 150. The 
Commission's authority under retained Sec.  20.6 to obtain, on special 
call, the underlying records and futures-equivalent conversion methods 
further ensures that the Commission will not lack access to position 
information in any particular case. Accordingly, the Commission has 
determined that the routine position-reporting requirements of Part 20 
are henceforth ineffective and unenforceable and clearing 
organizations, clearing members, and swap dealers will no longer be 
required to file the daily and event-based position reports currently 
required under Part 20.
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    \7\ 85 FR 75503, 75516 (Nov. 25, 2020) (promulgating Sec.  45.5 
to require each swap be identified with a Unique Transaction 
Identifier (``UTI'') in all recordkeeping and all swap data 
reporting, and to require that the UTI be comprised of the Legal 
Entity Identifier of the generating entity and a unique alphanumeric 
code).
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    2. Pursuant to Sec.  20.9(b), as explained in section IV above, the 
Commission finds that the recordkeeping and special-call requirements 
of Sec. Sec.  20.6 and 20.5(b), together with the definitions in Sec.  
20.1, the list of covered contracts in Sec.  20.2, the delegations in 
Sec.  20.8 pertaining to those provisions, and the futures-equivalency 
guidance in Appendix A are necessary because they provide the 
Commission with data on open swap positions and relevant data 
elements--obtainable on special call--that materially improve the 
accuracy and surveillance utility of the open swap position data 
processed by SDRs. In exercising the special-call authority preserved 
by this paragraph, the Commission or its delegates will issue calls 
that are appropriately scoped to, and that seek only records and 
information relevant to, the specific surveillance or oversight 
interest prompting the call, and will afford recipients a reasonable 
period of time to respond in light of the scope of the call and the 
recipient's ordinary-course recordkeeping practices. The Commission 
further finds that this retained authority serves as a transitional 
bridge pending full implementation of the UPI framework for the other 
commodity asset class, upon which the Commission intends to reassess 
the continued necessity of these retained provisions.
    Accordingly, the Commission has determined to maintain the 
effectiveness and enforceability of those provisions.

    Issued in Washington, DC, on July 17, 2026, by the Commission.
Robert Sidman,
Deputy Secretary of the Commission.

    Note: The following appendix will not appear in the Code of 
Federal Regulations.

Order Sunsetting Certain Large Trader Reporting Requirements for 
Physical Commodity Swaps--Voting Summary

    On this matter, Chairman Selig voted in the affirmative. No 
Commissioner voted in the negative.

[FR Doc. 2026-14710 Filed 7-20-26; 8:45 am]
BILLING CODE 6351-01-P