Position Limits for Derivatives and Aggregation of Positions, 10022-10026 [2015-03834]

Download as PDF 10022 Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules reimbursement of research and development costs, maintenance costs, or user fees. (n) For purposes of this section, rights to, or obligations of, research and development cost reimbursement, maintenance cost reimbursement, or user fees cannot be transferred from any individual or entity unless specifically approved in writing by the Board. (o) Applicants requesting reimbursement for research and development costs, maintenance costs, or user fees, may present their request in person to the Board prior to consideration for approval. (p) Index-based weather plans of insurance are not eligible for reimbursement from FCIC for maintenance costs or research and development costs. Submitters of approved index-based weather plans of insurance may collect user fees from other approved insurance providers in accordance with Procedures Handbook 17050—Approved Procedures for Submission of Index-based Weather Plans of Insurance. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS § 400.713 Non-reinsured supplemental (NRS) policy. (a) Unless otherwise specified by FCIC, any NRS policy that covers the same agricultural commodity as any policy reinsured by FCIC under the Act must be provided to RMA to ensure it does not shift any loss under the FCIC reinsured policy. Failure to provide such NRS policy or endorsement to RMA prior to its issuance shall result in the denial of reinsurance, A&O subsidy and risk subsidy on the underlying FCIC reinsured policy for which such NRS policy was sold. (b) Three hard copies, and an electronic copy in a format approved by RMA, of the new or revised NRS policy and related materials must be submitted at least 150 days prior to the first sales closing date applicable to the NRS policy. At a minimum, examples that demonstrate how liability and indemnities are determined under differing scenarios must be included. (1) Hard copies of the NRS must be sent to the Deputy Administrator for Product Management (or successor), USDA/Risk Management Agency, Beacon Facility Mail Stop 0812, 9240 Troost Ave., Kansas City, MO 64131– 3055. (2) Electronic copies of the NRS must be sent to the Deputy Administrator for Product Management (or successor) at DeputyAdministrator@rma.usda.gov. (c) RMA will review the NRS policy. If any of the conditions found in paragraphs (c)(1) through (5) of this section are found to occur, FCIC will VerDate Sep<11>2014 15:09 Feb 24, 2015 Jkt 235001 deny reinsurance, A&O subsidy and risk subsidy on the underlying FCIC reinsured policy for which such NRS policy was sold. (1) If the NRS policy materially increases or shifts risk to the underlying policy or plan of insurance reinsured by FCIC. (i) An NRS policy will be considered to materially increase or shift risk to the underlying policy or plan of insurance reinsured by FCIC if it creates an incentive for moral hazard such as a financial incentive to increase the number or size of losses or, allows for aggregate indemnities in excess of the expected value of the insured commodity. (ii) The NRS must include language that clearly states no indemnity will be paid in excess of the initial value of the insured commodity. (2) The NRS reduces or limits the rights of the insured with respect to the underlying policy or plan of insurance reinsured by FCIC. An NRS policy will be considered to reduce or limit the rights of the insured with respect to the underlying policy or plan of insurance if it alters the terms or conditions of the underlying policy or otherwise preempts procedures issued by FCIC. (3) The NRS disrupts the marketplace. An NRS policy will be considered to disrupt the marketplace if it encourages planting more acres of the insured commodity in excess of normal market demand, adversely affects the sales or administration of reinsured policies, undermines producers’ confidence in the Federal crop insurance program, or harms public perception of the Federal crop insurance program. (4) The NRS is an impermissible rebate. An NRS may be considered to be an impermissible rebate if FCIC determines that the premium rates charged are insufficient to cover the expected losses and a reasonable reserve or it offers other benefits that are generally provided at a cost. (5) The NRS policy is conditioned upon or provides incentive for the purchase of the underlying policy or plan of insurance reinsured by FCIC with a specific agent or approved insurance provider. (d) RMA will respond not less than 60 days before the first sales closing date or provide notice why RMA is unable to respond within the time frame allotted. (e) NRS policies reviewed by RMA will not need to be submitted for a five year period unless a change is made to the NRS or the underlying policy or the loss ratio for the NRS policy exceeds 2.0. Once any changes are made to either policy or the five year period has PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 concluded, the NRS must be resubmitted for review. Signed in Washington, DC, on February 13, 2015. Brandon Willis, Manager, Federal Crop Insurance Corporation. [FR Doc. 2015–03604 Filed 2–23–15; 8:45 am] BILLING CODE 3410–08–P COMMODITY FUTURES TRADING COMMISSION 17 CFR Parts 1, 15, 17, 19, 32, 37, 38, 140, and 150 RIN 3038–AD99; 3038–AD82 Position Limits for Derivatives and Aggregation of Positions Commodity Futures Trading Commission. ACTION: Notice of proposed rulemaking; provision of Table 11a; and reopening of comment periods. AGENCY: On December 12, 2013, the Commodity Futures Trading Commission (‘‘Commission’’) published in the Federal Register a notice of proposed rulemaking (the ‘‘Position Limits Proposal’’) to establish speculative position limits for 28 exempt and agricultural commodity futures and options contracts and the physical commodity swaps that are economically equivalent to such contracts. On November 15, 2013, the Commission published in the Federal Register a notice of proposed rulemaking (the ‘‘Aggregation Proposal’’) to amend existing regulations setting out the Commission’s policy for aggregation under its position limits regime. The Commission’s Energy and Environmental Markets Advisory Committee has scheduled a public meeting to be held on February 26, 2015, which will consider, among other matters, exemptions for bona fide hedging positions. In conjunction with the meeting of the Commission’s Energy and Environmental Markets Advisory Committee, the Commission will post an agenda and associated materials, if any, on the Commission’s Web site; additionally, access to a video webcast of the meeting will be added to the Web site. In addition, and in connection with the meeting, the Commission is providing counts of the unique persons over percentages of the 28 proposed position limit levels (currently provided in Table 11 of the Position Limits Proposal based on counts from the period of January 1, 2011, to December 31, 2012 period) in a new table, Table SUMMARY: E:\FR\FM\25FEP1.SGM 25FEP1 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules 11a, based on counts from the period of January 1, 2013, to December 31, 2014. To provide commenters with a sufficient period of time to respond to questions raised and points made at the Energy and Environmental Markets Committee meeting, as well as to provide an opportunity to comment on Table 11a, the Commission will reopen the comment periods for an additional 30 days. The Commission is providing notice that comments may be made on the issues addressed at the meeting or in the associated materials posted to the Commission’s Web site, as they pertain to energy commodities. Furthermore, comments may be made on Table 11a, showing counts of the unique persons over percentages of the 28 proposed position limit levels based on counts from the period of January 1, 2013, to December 31, 2014. DATES: The comment periods for the Aggregation Proposal published November 15, 2013, at 78 FR 68946, and for the Position Limits Proposal published December 12, 2013, at 78 FR 75680, will reopen on February 26, 2015, and will close on March 28, 2015. ADDRESSES: You may submit comments, identified by RIN 3038–AD99 for the Position Limits Proposal or RIN 3038– AD82 for the Aggregation Proposal, by any of the following methods: • Agency Web site: https:// comments.cftc.gov; • 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; or • Federal eRulemaking Portal: https:// www.regulations.gov. Follow instructions for submitting comments. 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. You should submit only information that you wish to make available publicly. If you wish the Commission to consider information that may be exempt from disclosure under the Freedom of Information Act, a petition for confidential treatment of the exempt information may be submitted under § 145.9 of the Commission’s regulations (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 VerDate Sep<11>2014 15:09 Feb 24, 2015 Jkt 235001 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 rulemaking 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. FOR FURTHER INFORMATION CONTACT: Stephen Sherrod, Senior Economist, Division of Market Oversight, (202) 418– 5452, ssherrod@cftc.gov; or Riva Spear Adriance, Senior Special Counsel, Division of Market Oversight, (202) 418– 5494, radriance@cftc.gov; Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581. SUPPLEMENTARY INFORMATION: I. Background The Commission has long established and enforced speculative position limits for futures and options contracts on various agricultural commodities as authorized by the Commodity Exchange Act (‘‘CEA’’).1 The part 150 position limits regime 2 generally includes three components: (1) the level of the limits, which set a threshold that restricts the number of speculative positions that a person may hold in the spot-month, individual month, and all months combined,3 (2) exemptions for positions that constitute bona fide hedging transactions and certain other types of transactions,4 and (3) rules to determine which accounts and positions a person must aggregate for the purpose of determining compliance with the position limit levels.5 The Position Limits Proposal generally sets out proposed changes to the first and second components of the position limits regime and would establish speculative position limits for 28 exempt and agricultural commodity futures and option contracts, and physical commodity swaps that are ‘‘economically equivalent’’ to such contracts (as such term is used in CEA section 4a(a)(5)).6 The Aggregation Proposal generally sets out proposed changes to the third component of the position limits regime.7 17 U.S.C. 1 et seq. 17 CFR part 150. Part 150 of the Commission’s regulations establishes federal position limits on futures and option contracts in nine enumerated agricultural commodities. 3 See 17 CFR 150.2. 4 See 17 CFR 150.3. 5 See 17 CFR 150.4. 6 See Position Limits for Derivatives, 78 FR 75680 (Dec. 12, 2013). 7 See Aggregation of Positions, 78 FR 68946 (Nov. 15, 2013). 2 See PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 10023 The Commission published the Position Limits Proposal and the Aggregation Proposal separately because it believes that the proposed amendments regarding aggregation of positions could be appropriate regardless of whether the Position Limits Proposal is finalized.8 If the Aggregation Proposal is finalized first, the modifications would apply to the current position limits regime for futures and option contracts on nine enumerated agricultural commodities. If the Position Limits Proposal is subsequently finalized, the modifications in the Aggregation Proposal would apply to the position limits regime for 28 exempt and agricultural commodity futures and options contracts and the physical commodity swaps that are economically equivalent to such contracts. In order to provide interested parties with an opportunity to comment on the Aggregation Proposal during the comment period on the Position Limits Proposal, the Commission extended the comment period for the Aggregation Proposal to February 10, 2014, the same end date as the comment period for the Position Limits Proposal.9 Subsequent to publication of the Position Limits Proposal and the Aggregation Proposal, the Commission directed staff to schedule a June 19, 2014, public roundtable to consider certain issues regarding position limits for physical commodity derivatives. The roundtable focused on hedges of a physical commodity by a commercial enterprise, including gross hedging, cross-commodity hedging, anticipatory hedging, and the process for obtaining a non-enumerated exemption. Discussion included the setting of spot month limits in physical-delivery and cashsettled contracts and a conditional spotmonth limit exemption. Further, the roundtable included discussion of: The aggregation exemption for certain ownership interests of greater than 50 percent in an owned entity; and aggregation based on substantially identical trading strategies. As well, the Commission invited comment on whether to provide parity for wheat contracts in non-spot month limits. In conjunction with the roundtable, staff questions regarding these topics were posted on the Commission’s Web site. To provide commenters with a sufficient period of time to respond to questions raised and points made at the roundtable, the Commission published a document in the Federal Register on May 29, 2014 (79 FR 30762), reopening 8 See 9 See E:\FR\FM\25FEP1.SGM id. at 68947. 79 FR 2394 (Jan. 14, 2014). 25FEP1 10024 Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules the comment periods for the Position Limit Proposal and the Aggregation Proposal for three weeks, from June 12, 2014 to July 3, 2014. The Commission published a document in the Federal Register on July 3, 2014 (79 FR 37973), further extending the comment periods to August 4, 2014. The Commission’s Agricultural Advisory Committee met on December 9, 2014. The agenda adopted for the meeting included consideration, among other matters, of two issues associated with the Position Limits rulemaking: Deliverable supply and exemptions for bona fide hedging positions. In conjunction with the meeting of the Commission’s Agricultural Advisory Committee, the Commission posted questions and presentation materials on the Commission’s Web site; additionally, access to a video webcast of the meeting was added to the Web site.10 To provide interested persons with a sufficient period of time to respond to questions raised and points made at the Agricultural Advisory Committee meeting, the Commission reopened both the Position Limit Proposal and the Aggregation Proposal for an additional 45-day comment period.11 Comment letters received on the Position Limits Proposal are available at https://comments.cftc.gov/ PublicComments/ CommentList.aspx?id=1436. Comment letters received on the Aggregation Proposal are available at https:// comments.cftc.gov/PublicComments/ CommentList.aspx?id=1427. II. Reopening of Comment Period The Commission’s Energy and Environmental Markets Advisory Committee has scheduled a meeting on February 26, 2015. The agenda adopted for the meeting includes consideration of exemptions for bona fide hedging positions. In conjunction with the meeting of the Commission’s Energy and Environmental Markets Advisory Committee, the Commission will post associated materials on the Commission’s Web site; additionally, access to a video webcast of the meeting will be added to the Web site. To provide interested persons with a sufficient period of time to respond to questions raised and points made at the Energy and Environmental Markets Advisory Committee meeting, the Commission is reopening both the Position Limit Proposal and the Aggregation Proposal for an additional 30-day comment period. The Commission is providing notice that, in addition to commenting on the agenda issues, comments may be made on the issues addressed at the meeting or in associated materials posted to the Commission’s Web site, as they pertain to energy commodities, including hedges of a physical commodity by a commercial enterprise, as pertains to energy commodities. In addition, and in connection with the Energy and Environmental Markets Advisory Committee meeting, the Commission is providing counts of the unique persons exceeding the 28 proposed position limit levels (currently provided in Table 11 of the Positions Limits Proposal based on counts from the period of January 1, 2011, to December 31, 2012 period 12) by certain specified percentages in a new table, Table 11a, based on counts from the period of January 1, 2013, to December 31, 2014. As was the case with Table 11, to provide the public with additional information regarding the number of large position holders in the past two calendar years, Table 11a provides counts of unique persons over 60, 80, 100, and 500 percent of the levels of the position limits proposed for 28 core referenced futures products.13 Note that the 500 percent line is omitted from Table 11a for contracts where no person held a position over that level. The Commission notes that in addition to commenting on the agenda issues and on the issues addressed at the meeting or in associated materials posted to the Commission’s Web site, as they pertain to energy commodities, comments may be made on Table 11a. TABLE 11a—UNIQUE PERSONS OVER PERCENTAGES OF PROPOSED POSITION LIMIT LEVELS, JANUARY 1, 2013, TO DECEMBER 31, 2014 Unique persons over level Percent of level Commodity type/core referenced futures contract Spot month (physicaldelivery) Spot month (cash-settled) Single month All months Legacy Agricultural CBOT Corn (C) .................................................................... 60 80 100 500 60 80 100 60 80 100 500 60 80 CBOT Oats (O) .................................................................... CBOT Soybeans (S) ............................................................ wreier-aviles on DSK5TPTVN1PROD with PROPOSALS CBOT Soybean Meal (SM) .................................................. 10 Questions, presentation materials, and a video webcast have been made available at https:// www.cftc.gov/PressRoom/Events/ opaevent_aac120914. 11 See 79 FR 71973 (Dec. 4, 2014). The Commission also provided notice and clarification that, in addition to commenting on the agenda issues noted in the December 4, 2014, Federal Register release providing notice of the reopened comment period, comments could be made on the issues addressed at the meeting or in associated VerDate Sep<11>2014 15:09 Feb 24, 2015 Jkt 235001 206 147 49 4 (*) (*) — 127 90 31 9 53 31 materials posted to the Commission’s Web site, as they pertained to agricultural commodities, including hedges of a physical commodity by a commercial enterprise; and the process for estimating deliverable supplies used in the setting of spot month limits, as each pertained to agricultural commodities. See also 80 FR 200 (Jan. 5, 2015). 12 See 78 FR 75680 at 75731 (Dec. 12, 2013). 13 As is the case for Table 11, the Commission notes that Table 11a is presented using the PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 — — — — — — — — — — — — — 12 4 (*) — 11 6 (*) 14 9 6 — 42 12 25 7 5 — 12 8 5 18 11 9 — 54 19 proposed initial limit levels, without regard to alternatives presented in the proposed rule. See 78 FR at 75839 for the proposed initial limit levels for the spot month. The Commission also proposed alternatives methods for setting initial levels for the spot month. See FR at 75727–8. The proposed initial limit levels for the non-spot months are found at 78 FR 76787 (Dec. 19, 2013). The Commission also proposed an alternative method to establish higher initial limit levels in the non-spot months. See FR 78 at 75734. E:\FR\FM\25FEP1.SGM 25FEP1 Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules 10025 TABLE 11a—UNIQUE PERSONS OVER PERCENTAGES OF PROPOSED POSITION LIMIT LEVELS, JANUARY 1, 2013, TO DECEMBER 31, 2014—Continued Unique persons over level Percent of level Commodity type/core referenced futures contract Spot month (physicaldelivery) 100 500 60 80 100 500 60 80 100 500 60 80 100 500 60 80 100 60 80 100 CBOT Soybean Oil (SO) ..................................................... CBOT Wheat (W) ................................................................. ICE Cotton No. 2 (CT) ......................................................... KCBT Hard Winter Wheat (KW) .......................................... MGEX Hard Red Spring Wheat (MWE) .............................. Spot month (cash-settled) Single month All months 16 (*) 82 51 18 (*) 39 30 10 (*) 16 10 7 4 17 7 (*) 7 4 (*) — — — — — — — — — — — — — — — — — — — — 6 — 31 10 5 — 35 12 8 — 15 10 8 — 32 16 12 33 20 15 11 — 38 18 11 — 33 17 11 — 22 14 10 — 39 27 12 36 29 21 9 7 (*) NA NA NA NA NA NA NA NA NA 51 7 5 4 4 (*) 14 10 6 (*) 5 5 5 55 42 16 (*) 5 5 4 — — — 5 4 (*) 113 70 28 98 74 45 — — — — — — — — — — — — — — — — — — — — 6 4 (*) (*) — — 8 (*) — 19 8 (*) 14 7 (*) 47 38 21 30 13 8 — 7 4 4 41 31 21 — 6 6 5 5 4 (*) 26 15 10 14 8 5 34 24 14 29 16 8 42 30 21 32 16 11 — 7 4 4 39 29 22 — 13 11 11 187 142 83 (*) 135 95 44 — 76 236 205 187 46 100 87 65 — 68 (*) (*) — — (*) (*) — — 13 7 (*) (*) — 12 7 (*) — 16 Other Agricultural CBOT Rough Rice (RR) ...................................................... 60 80 100 60 80 100 60 80 100 60 80 100 60 80 100 60 80 100 60 80 100 500 60 80 100 60 80 100 500 60 80 100 CME Milk Class III (DA) ....................................................... CME Feeder Cattle (FC) ...................................................... CME Lean Hog (LH) ............................................................ CME Live Cattle (LC) ........................................................... ICUS Cocoa (CC) ................................................................ ICE Coffee C (KC) ............................................................... ICE FCOJ–A (OJ) ................................................................ ICE Sugar No. 11 (SB) ........................................................ wreier-aviles on DSK5TPTVN1PROD with PROPOSALS ICE Sugar No. 16 (SF) ........................................................ Energy NYMEX Henry Hub Natural Gas (NG) ................................ 60 80 100 500 60 80 100 500 60 NYMEX Light Sweet Crude Oil (CL) ................................... NYMEX NY Harbor ULSD (HO) .......................................... VerDate Sep<11>2014 15:09 Feb 24, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\25FEP1.SGM 25FEP1 10026 Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules TABLE 11a—UNIQUE PERSONS OVER PERCENTAGES OF PROPOSED POSITION LIMIT LEVELS, JANUARY 1, 2013, TO DECEMBER 31, 2014—Continued Unique persons over level Percent of level Commodity type/core referenced futures contract Spot month (physicaldelivery) 80 100 500 60 80 100 500 NYMEX RBOB Gasoline (RB) ............................................. Spot month (cash-settled) Single month All months 49 31 — 97 67 36 — 63 44 5 57 52 37 (*) 7 (*) — 26 15 11 — 9 6 — 30 17 12 — 12 9 4 13 9 5 9 4 (*) 9 5 (*) 11 7 (*) — — — — — — — — — — — — — — — 61 37 29 22 14 10 34 20 16 12 9 4 29 18 9 62 40 30 24 14 11 32 21 16 13 5 4 29 18 9 Metals COMEX Copper (HG) .......................................................... 60 80 100 60 80 100 60 80 100 60 80 100 60 80 100 COMEX Gold (GC) .............................................................. COMEX Silver (SI) ............................................................... NYMEX Palladium (PA) ....................................................... NYMEX Platinum (PL) ......................................................... Legend: * means fewer than 4 unique owners exceeded the level. — means no unique owner exceeded the level. NA means not applicable.14 Both comment periods will reopen on February 26, 2015, and will close on March 28, 2015. DEPARTMENT OF HEALTH AND HUMAN SERVICES Issued in Washington, DC, on February 19, 2015, by the Commission. Christopher J. Kirkpatrick, Secretary of the Commission. 21 CFR Part 310 Note: The following appendix will not appear in the Code of Federal Regulations. Appendix to Position Limits for Derivatives and Aggregation of Positions Reopening of Comment Periods—Commission Voting Summary wreier-aviles on DSK5TPTVN1PROD with PROPOSALS The Food and Drug Administration (FDA or the Agency) is issuing a proposed sunscreen order (proposed order) under the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Sunscreen Innovation Act (SIA). The proposed order announces FDA’s tentative determination that enzacamene is not generally recognized as safe and effective (GRASE) and is misbranded when used in over-thecounter (OTC) sunscreen products SUMMARY: BILLING CODE 6351–01–P 14 Table notes: (1) Aggregation exemptions were not used in computing the counts of unique persons; (2) the position data was for futures, futures options and swaps that are significant price discovery contracts (SPDCs). Jkt 235001 Food and Drug Administration, HHS. ACTION: [FR Doc. 2015–03834 Filed 2–24–15; 8:45 am] 15:09 Feb 24, 2015 Over-the-Counter Sunscreen Drug Products—Regulatory Status of Enzacamene AGENCY: PO 00000 Frm 00019 Fmt 4702 Submit either electronic or written comments on this proposed order by April 13, 2015. Sponsors may submit written requests for a meeting with FDA to discuss this proposed order by March 27, 2015. See section VI for the proposed effective date of a final order based on this proposed order. ADDRESSES: You may submit comments by any of the following methods: DATES: [Docket Nos. FDA–2003–N–0196 (Formerly 2003N–0233), FDA–1978–N–0018 (Formerly 1978N–0038 and 78N–0038), and FDA–1996– N–0006 (Formerly 96N–0277)] Proposed order; request for comments. On this matter, Chairman Massad and Commissioners Wetjen, Bowen, and Giancarlo voted in the affirmative. No Commissioner voted in the negative. VerDate Sep<11>2014 Food and Drug Administration because the currently available data are insufficient to classify it as GRASE and not misbranded, and additional information is needed to allow us to determine otherwise. Sfmt 4702 Electronic Submissions Submit electronic comments in the following way: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Written Submissions Submit written submissions in the following ways: • Mail/Hand delivery/Courier (for paper submissions): Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. E:\FR\FM\25FEP1.SGM 25FEP1

Agencies

[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Proposed Rules]
[Pages 10022-10026]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03834]


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COMMODITY FUTURES TRADING COMMISSION

17 CFR Parts 1, 15, 17, 19, 32, 37, 38, 140, and 150

RIN 3038-AD99; 3038-AD82


Position Limits for Derivatives and Aggregation of Positions

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice of proposed rulemaking; provision of Table 11a; and 
reopening of comment periods.

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SUMMARY: On December 12, 2013, the Commodity Futures Trading Commission 
(``Commission'') published in the Federal Register a notice of proposed 
rulemaking (the ``Position Limits Proposal'') to establish speculative 
position limits for 28 exempt and agricultural commodity futures and 
options contracts and the physical commodity swaps that are 
economically equivalent to such contracts. On November 15, 2013, the 
Commission published in the Federal Register a notice of proposed 
rulemaking (the ``Aggregation Proposal'') to amend existing regulations 
setting out the Commission's policy for aggregation under its position 
limits regime. The Commission's Energy and Environmental Markets 
Advisory Committee has scheduled a public meeting to be held on 
February 26, 2015, which will consider, among other matters, exemptions 
for bona fide hedging positions. In conjunction with the meeting of the 
Commission's Energy and Environmental Markets Advisory Committee, the 
Commission will post an agenda and associated materials, if any, on the 
Commission's Web site; additionally, access to a video webcast of the 
meeting will be added to the Web site. In addition, and in connection 
with the meeting, the Commission is providing counts of the unique 
persons over percentages of the 28 proposed position limit levels 
(currently provided in Table 11 of the Position Limits Proposal based 
on counts from the period of January 1, 2011, to December 31, 2012 
period) in a new table, Table

[[Page 10023]]

11a, based on counts from the period of January 1, 2013, to December 
31, 2014. To provide commenters with a sufficient period of time to 
respond to questions raised and points made at the Energy and 
Environmental Markets Committee meeting, as well as to provide an 
opportunity to comment on Table 11a, the Commission will reopen the 
comment periods for an additional 30 days. The Commission is providing 
notice that comments may be made on the issues addressed at the meeting 
or in the associated materials posted to the Commission's Web site, as 
they pertain to energy commodities. Furthermore, comments may be made 
on Table 11a, showing counts of the unique persons over percentages of 
the 28 proposed position limit levels based on counts from the period 
of January 1, 2013, to December 31, 2014.

DATES: The comment periods for the Aggregation Proposal published 
November 15, 2013, at 78 FR 68946, and for the Position Limits Proposal 
published December 12, 2013, at 78 FR 75680, will reopen on February 
26, 2015, and will close on March 28, 2015.

ADDRESSES: You may submit comments, identified by RIN 3038-AD99 for the 
Position Limits Proposal or RIN 3038-AD82 for the Aggregation Proposal, 
by any of the following methods:
     Agency Web site: https://comments.cftc.gov;
     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; or
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow instructions for submitting comments.
    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. You should submit only information that you wish to make 
available publicly. If you wish the Commission to consider information 
that may be exempt from disclosure under the Freedom of Information 
Act, a petition for confidential treatment of the exempt information 
may be submitted under Sec.  145.9 of the Commission's regulations (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 rulemaking 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.

FOR FURTHER INFORMATION CONTACT: Stephen Sherrod, Senior Economist, 
Division of Market Oversight, (202) 418-5452, ssherrod@cftc.gov; or 
Riva Spear Adriance, Senior Special Counsel, Division of Market 
Oversight, (202) 418-5494, radriance@cftc.gov; Commodity Futures 
Trading Commission, Three Lafayette Centre, 1155 21st Street NW., 
Washington, DC 20581.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Commission has long established and enforced speculative 
position limits for futures and options contracts on various 
agricultural commodities as authorized by the Commodity Exchange Act 
(``CEA'').\1\ The part 150 position limits regime \2\ generally 
includes three components: (1) the level of the limits, which set a 
threshold that restricts the number of speculative positions that a 
person may hold in the spot-month, individual month, and all months 
combined,\3\ (2) exemptions for positions that constitute bona fide 
hedging transactions and certain other types of transactions,\4\ and 
(3) rules to determine which accounts and positions a person must 
aggregate for the purpose of determining compliance with the position 
limit levels.\5\ The Position Limits Proposal generally sets out 
proposed changes to the first and second components of the position 
limits regime and would establish speculative position limits for 28 
exempt and agricultural commodity futures and option contracts, and 
physical commodity swaps that are ``economically equivalent'' to such 
contracts (as such term is used in CEA section 4a(a)(5)).\6\ The 
Aggregation Proposal generally sets out proposed changes to the third 
component of the position limits regime.\7\
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    \1\ 7 U.S.C. 1 et seq.
    \2\ See 17 CFR part 150. Part 150 of the Commission's 
regulations establishes federal position limits on futures and 
option contracts in nine enumerated agricultural commodities.
    \3\ See 17 CFR 150.2.
    \4\ See 17 CFR 150.3.
    \5\ See 17 CFR 150.4.
    \6\ See Position Limits for Derivatives, 78 FR 75680 (Dec. 12, 
2013).
    \7\ See Aggregation of Positions, 78 FR 68946 (Nov. 15, 2013).
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    The Commission published the Position Limits Proposal and the 
Aggregation Proposal separately because it believes that the proposed 
amendments regarding aggregation of positions could be appropriate 
regardless of whether the Position Limits Proposal is finalized.\8\ If 
the Aggregation Proposal is finalized first, the modifications would 
apply to the current position limits regime for futures and option 
contracts on nine enumerated agricultural commodities. If the Position 
Limits Proposal is subsequently finalized, the modifications in the 
Aggregation Proposal would apply to the position limits regime for 28 
exempt and agricultural commodity futures and options contracts and the 
physical commodity swaps that are economically equivalent to such 
contracts.
---------------------------------------------------------------------------

    \8\ See id. at 68947.
---------------------------------------------------------------------------

    In order to provide interested parties with an opportunity to 
comment on the Aggregation Proposal during the comment period on the 
Position Limits Proposal, the Commission extended the comment period 
for the Aggregation Proposal to February 10, 2014, the same end date as 
the comment period for the Position Limits Proposal.\9\
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    \9\ See 79 FR 2394 (Jan. 14, 2014).
---------------------------------------------------------------------------

    Subsequent to publication of the Position Limits Proposal and the 
Aggregation Proposal, the Commission directed staff to schedule a June 
19, 2014, public roundtable to consider certain issues regarding 
position limits for physical commodity derivatives. The roundtable 
focused on hedges of a physical commodity by a commercial enterprise, 
including gross hedging, cross-commodity hedging, anticipatory hedging, 
and the process for obtaining a non-enumerated exemption. Discussion 
included the setting of spot month limits in physical-delivery and 
cash-settled contracts and a conditional spot-month limit exemption. 
Further, the roundtable included discussion of: The aggregation 
exemption for certain ownership interests of greater than 50 percent in 
an owned entity; and aggregation based on substantially identical 
trading strategies. As well, the Commission invited comment on whether 
to provide parity for wheat contracts in non-spot month limits. In 
conjunction with the roundtable, staff questions regarding these topics 
were posted on the Commission's Web site.
    To provide commenters with a sufficient period of time to respond 
to questions raised and points made at the roundtable, the Commission 
published a document in the Federal Register on May 29, 2014 (79 FR 
30762), reopening

[[Page 10024]]

the comment periods for the Position Limit Proposal and the Aggregation 
Proposal for three weeks, from June 12, 2014 to July 3, 2014. The 
Commission published a document in the Federal Register on July 3, 2014 
(79 FR 37973), further extending the comment periods to August 4, 2014.
    The Commission's Agricultural Advisory Committee met on December 9, 
2014. The agenda adopted for the meeting included consideration, among 
other matters, of two issues associated with the Position Limits 
rulemaking: Deliverable supply and exemptions for bona fide hedging 
positions. In conjunction with the meeting of the Commission's 
Agricultural Advisory Committee, the Commission posted questions and 
presentation materials on the Commission's Web site; additionally, 
access to a video webcast of the meeting was added to the Web site.\10\ 
To provide interested persons with a sufficient period of time to 
respond to questions raised and points made at the Agricultural 
Advisory Committee meeting, the Commission reopened both the Position 
Limit Proposal and the Aggregation Proposal for an additional 45-day 
comment period.\11\
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    \10\ Questions, presentation materials, and a video webcast have 
been made available at https://www.cftc.gov/PressRoom/Events/opaevent_aac120914.
    \11\ See 79 FR 71973 (Dec. 4, 2014). The Commission also 
provided notice and clarification that, in addition to commenting on 
the agenda issues noted in the December 4, 2014, Federal Register 
release providing notice of the reopened comment period, comments 
could be made on the issues addressed at the meeting or in 
associated materials posted to the Commission's Web site, as they 
pertained to agricultural commodities, including hedges of a 
physical commodity by a commercial enterprise; and the process for 
estimating deliverable supplies used in the setting of spot month 
limits, as each pertained to agricultural commodities. See also 80 
FR 200 (Jan. 5, 2015).
---------------------------------------------------------------------------

    Comment letters received on the Position Limits Proposal are 
available at https://comments.cftc.gov/PublicComments/CommentList.aspx?id=1436. Comment letters received on the Aggregation 
Proposal are available at https://comments.cftc.gov/PublicComments/CommentList.aspx?id=1427.

II. Reopening of Comment Period

    The Commission's Energy and Environmental Markets Advisory 
Committee has scheduled a meeting on February 26, 2015. The agenda 
adopted for the meeting includes consideration of exemptions for bona 
fide hedging positions. In conjunction with the meeting of the 
Commission's Energy and Environmental Markets Advisory Committee, the 
Commission will post associated materials on the Commission's Web site; 
additionally, access to a video webcast of the meeting will be added to 
the Web site. To provide interested persons with a sufficient period of 
time to respond to questions raised and points made at the Energy and 
Environmental Markets Advisory Committee meeting, the Commission is 
reopening both the Position Limit Proposal and the Aggregation Proposal 
for an additional 30-day comment period. The Commission is providing 
notice that, in addition to commenting on the agenda issues, comments 
may be made on the issues addressed at the meeting or in associated 
materials posted to the Commission's Web site, as they pertain to 
energy commodities, including hedges of a physical commodity by a 
commercial enterprise, as pertains to energy commodities.
    In addition, and in connection with the Energy and Environmental 
Markets Advisory Committee meeting, the Commission is providing counts 
of the unique persons exceeding the 28 proposed position limit levels 
(currently provided in Table 11 of the Positions Limits Proposal based 
on counts from the period of January 1, 2011, to December 31, 2012 
period \12\) by certain specified percentages in a new table, Table 
11a, based on counts from the period of January 1, 2013, to December 
31, 2014. As was the case with Table 11, to provide the public with 
additional information regarding the number of large position holders 
in the past two calendar years, Table 11a provides counts of unique 
persons over 60, 80, 100, and 500 percent of the levels of the position 
limits proposed for 28 core referenced futures products.\13\ Note that 
the 500 percent line is omitted from Table 11a for contracts where no 
person held a position over that level. The Commission notes that in 
addition to commenting on the agenda issues and on the issues addressed 
at the meeting or in associated materials posted to the Commission's 
Web site, as they pertain to energy commodities, comments may be made 
on Table 11a.
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    \12\ See 78 FR 75680 at 75731 (Dec. 12, 2013).
    \13\ As is the case for Table 11, the Commission notes that 
Table 11a is presented using the proposed initial limit levels, 
without regard to alternatives presented in the proposed rule. See 
78 FR at 75839 for the proposed initial limit levels for the spot 
month. The Commission also proposed alternatives methods for setting 
initial levels for the spot month. See FR at 75727-8. The proposed 
initial limit levels for the non-spot months are found at 78 FR 
76787 (Dec. 19, 2013). The Commission also proposed an alternative 
method to establish higher initial limit levels in the non-spot 
months. See FR 78 at 75734.

 Table 11a--Unique Persons Over Percentages of Proposed Position Limit Levels, January 1, 2013, to December 31,
                                                      2014
----------------------------------------------------------------------------------------------------------------
                                                                     Unique persons over level
                                                 ---------------------------------------------------------------
 Commodity type/core referenced     Percent of      Spot month
        futures contract               level        (physical-      Spot month     Single month     All months
                                                     delivery)    (cash-settled)
----------------------------------------------------------------------------------------------------------------
                                               Legacy Agricultural
----------------------------------------------------------------------------------------------------------------
CBOT Corn (C)...................              60             206              --              12              25
                                              80             147              --               4               7
                                             100              49              --             (*)               5
                                             500               4              --              --              --
CBOT Oats (O)...................              60             (*)              --              11              12
                                              80             (*)              --               6               8
                                             100              --              --             (*)               5
CBOT Soybeans (S)...............              60             127              --              14              18
                                              80              90              --               9              11
                                             100              31              --               6               9
                                             500               9              --              --              --
CBOT Soybean Meal (SM)..........              60              53              --              42              54
                                              80              31              --              12              19

[[Page 10025]]

 
                                             100              16              --               6              11
                                             500             (*)              --              --              --
CBOT Soybean Oil (SO)...........              60              82              --              31              38
                                              80              51              --              10              18
                                             100              18              --               5              11
                                             500             (*)              --              --              --
CBOT Wheat (W)..................              60              39              --              35              33
                                              80              30              --              12              17
                                             100              10              --               8              11
                                             500             (*)              --              --              --
ICE Cotton No. 2 (CT)...........              60              16              --              15              22
                                              80              10              --              10              14
                                             100               7              --               8              10
                                             500               4              --              --              --
KCBT Hard Winter Wheat (KW).....              60              17              --              32              39
                                              80               7              --              16              27
                                             100             (*)              --              12              12
MGEX Hard Red Spring Wheat (MWE)              60               7              --              33              36
                                              80               4              --              20              29
                                             100             (*)              --              15              21
----------------------------------------------------------------------------------------------------------------
                                               Other Agricultural
----------------------------------------------------------------------------------------------------------------
CBOT Rough Rice (RR)............              60               9              --               6               5
                                              80               7              --               4               4
                                             100             (*)              --             (*)             (*)
CME Milk Class III (DA).........              60              NA               5             (*)              26
                                              80              NA               4              --              15
                                             100              NA             (*)              --              10
CME Feeder Cattle (FC)..........              60              NA             113               8              14
                                              80              NA              70             (*)               8
                                             100              NA              28              --               5
CME Lean Hog (LH)...............              60              NA              98              19              34
                                              80              NA              74               8              24
                                             100              NA              45             (*)              14
CME Live Cattle (LC)............              60              51              --              14              29
                                              80               7              --               7              16
                                             100               5              --             (*)               8
ICUS Cocoa (CC).................              60               4              --              47              42
                                              80               4              --              38              30
                                             100             (*)              --              21              21
ICE Coffee C (KC)...............              60              14              --              30              32
                                              80              10              --              13              16
                                             100               6              --               8              11
                                             500             (*)              --              --              --
ICE FCOJ-A (OJ).................              60               5              --               7               7
                                              80               5              --               4               4
                                             100               5              --               4               4
ICE Sugar No. 11 (SB)...........              60              55              --              41              39
                                              80              42              --              31              29
                                             100              16              --              21              22
                                             500             (*)              --              --              --
ICE Sugar No. 16 (SF)...........              60               5              --               6              13
                                              80               5              --               6              11
                                             100               4              --               5              11
----------------------------------------------------------------------------------------------------------------
                                                     Energy
----------------------------------------------------------------------------------------------------------------
NYMEX Henry Hub Natural Gas (NG)              60             187             236             (*)               7
                                              80             142             205             (*)             (*)
                                             100              83             187              --             (*)
                                             500             (*)              46              --              --
NYMEX Light Sweet Crude Oil (CL)              60             135             100             (*)              12
                                              80              95              87             (*)               7
                                             100              44              65              --             (*)
                                             500              --              --              --              --
NYMEX NY Harbor ULSD (HO).......              60              76              68              13              16

[[Page 10026]]

 
                                              80              49              63               7               9
                                             100              31              44             (*)               6
                                             500              --               5              --              --
NYMEX RBOB Gasoline (RB)........              60              97              57              26              30
                                              80              67              52              15              17
                                             100              36              37              11              12
                                             500              --             (*)              --              --
----------------------------------------------------------------------------------------------------------------
                                                     Metals
----------------------------------------------------------------------------------------------------------------
COMEX Copper (HG)...............              60              12              --              61              62
                                              80               9              --              37              40
                                             100               4              --              29              30
COMEX Gold (GC).................              60              13              --              22              24
                                              80               9              --              14              14
                                             100               5              --              10              11
COMEX Silver (SI)...............              60               9              --              34              32
                                              80               4              --              20              21
                                             100             (*)              --              16              16
NYMEX Palladium (PA)............              60               9              --              12              13
                                              80               5              --               9               5
                                             100             (*)              --               4               4
NYMEX Platinum (PL).............              60              11              --              29              29
                                              80               7              --              18              18
                                             100             (*)              --               9               9
----------------------------------------------------------------------------------------------------------------
Legend:
* means fewer than 4 unique owners exceeded the level.
-- means no unique owner exceeded the level.
NA means not applicable.\14\

    Both comment periods will reopen on February 26, 2015, and will 
close on March 28, 2015.
---------------------------------------------------------------------------

    \14\ Table notes: (1) Aggregation exemptions were not used in 
computing the counts of unique persons; (2) the position data was 
for futures, futures options and swaps that are significant price 
discovery contracts (SPDCs).

    Issued in Washington, DC, on February 19, 2015, by the 
Commission.
Christopher J. Kirkpatrick,
Secretary of the Commission.

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

Appendix to Position Limits for Derivatives and Aggregation of 
Positions Reopening of Comment Periods--Commission Voting Summary

    On this matter, Chairman Massad and Commissioners Wetjen, Bowen, 
and Giancarlo voted in the affirmative. No Commissioner voted in the 
negative.

[FR Doc. 2015-03834 Filed 2-24-15; 8:45 am]
BILLING CODE 6351-01-P
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