Petition of the National Futures Association, Pursuant to Rule 13.2, to the U.S. Commodity Futures Trading Commission To Amend of the Rule 4.5, 56997-56998 [2010-23310]
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Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Notices
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in
connection with the products and
services deleted from the Procurement
List.
End of Certification
Accordingly, the following products
and services are deleted from the
Procurement List:
Products
NSN: 7510–01–484–0011—Paper Holder &
Micro Note Holder.
NPA: The Lighthouse for the Blind, Inc.
(Seattle Lighthouse), Seattle, WA.
Contracting Activity: GSA/Federal
Acquisition Service, New York, NY.
NSN: 8415–00–205–3895—Apron,
Construction Workers.
NPA: Blind Industries & Services of
Maryland, Baltimore, MD.
Contracting Activity: GSA/Federal
Acquisition Service, Fort Worth, TX.
Services
Service Type/Location: Facilities
Maintenance, NASA Dryden Flight
Research Center, Edwards, CA.
NPA: PRIDE Industries, Roseville, CA.
Contracting Activity: National Aeronautics
and Space Administration, NASA
Headquarters, Washington, DC.
Service Type/Location; Janitorial/Custodial
Service, Maritime Administration:
Crossways Commerce Center, 1545
Crossways Boulevard, Chesapeake, VA.
NPA: Portco, Inc., Portsmouth, VA.
Contracting Activity: GSA/PBS/R03
Richmond FO, Richmond, VA.
CFTC’s headquarters, Three Lafayette
Centre, 1155 21st Street, NW.,
Washington, DC 20581.
Written statements should be
submitted to: Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street, NW.,
Washington, DC 20581, attention Office
of the Secretary. Please use the title
‘‘Global Markets Advisory Committee’’
in any written statement you may
submit. Any statements submitted in
connection with the committee meeting
will be made available to the public.
FOR FURTHER INFORMATION CONTACT:
Michael Otten, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street, NW.,
Washington, DC 20581, (202) 418–5388.
SUPPLEMENTARY INFORMATION: The
agenda for the meeting will include
discussion of:
Ongoing and anticipated IOSCO projects
Relevant Dodd/Frank rulemakings
Foreign Board of Trade (FBOT)
rulemaking
European Commission Proposal/
comparison to Dodd/Frank
The meeting will be webcast on the
CFTC’s Web site, https://www.cftc.gov.
Members of the public also can listen to
the meeting by telephone. The public
access call-in numbers will be
announced at a later date.
Authority: 5 U.S.C. app. 2 § 10(a)(2).
Barry S. Lineback.
Director, Business Operations.
By the Commodity Futures Trading
Commission.
Dated: September 14, 2010.
David A. Stawick,
Secretary of the Commission.
[FR Doc. 2010–23273 Filed 9–16–10; 8:45 am]
[FR Doc. 2010–23307 Filed 9–16–10; 8:45 am]
BILLING CODE 6353–01–P
BILLING CODE 6351–01–P
COMMODITY FUTURES TRADING
COMMISSION
COMMODITY FUTURES TRADING
COMMISSION
Global Markets Advisory Committee
Petition of the National Futures
Association, Pursuant to Rule 13.2, to
the U.S. Commodity Futures Trading
Commission To Amend of the Rule 4.5
Commodity Futures Trading
Commission (‘‘CFTC’’).
ACTION: Notice of meeting of Global
Markets Advisory Committee.
AGENCY:
The Global Markets Advisory
Committee will hold a public meeting
on October 5, 2010, from 1 p.m. to 5
p.m., at the CFTC’s Washington, DC
headquarters.
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
SUMMARY:
The meeting will be held on
October 5, 2010 from 1 p.m. to 5 p.m.
Members of the public who wish to
submit written statements in connection
with the meeting should submit them by
October 4, 2010.
ADDRESSES: The meeting will take place
in the first floor hearing room at the
DATES:
VerDate Mar<15>2010
14:46 Sep 16, 2010
Jkt 220001
Commodity Futures Trading
Commission.
ACTION: Notice of Petition and Request
for Comment.
AGENCY:
The National Futures
Association (‘‘NFA’’) has petitioned the
Commodity Futures Trading
Commission (‘‘Commission’’ or ‘‘CFTC’’)
to amend a rule that excludes certain
otherwise regulated persons from the
definition of the term ‘‘commodity pool
operator’’ (‘‘CPO’’) with respect to certain
qualifying entities. The rule presently
requires any person desiring to claim
the exclusion to file a notice of
SUMMARY:
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
56997
eligibility with NFA, which must
identify the qualifying entity to be
operated pursuant to the exclusion.
NFA requests the Commission amend
its rule to limit the scope of the
exclusion for registered investment
companies (‘‘RICs’’). Specifically, NFA
has requested that any RIC include in its
notice of eligibility a representation that
the RIC’s qualifying entity (1) Will use
commodity futures or commodity
options contracts solely for bona fide
hedging purposes, (2) will not have the
initial margin and premiums required to
establish any commodity futures or
commodity options not used for bona
fide hedging purposes exceeding five
percent (5%) of the liquidation value of
the qualifying entity’s portfolio, and (3)
will not be marketed to the public as a
commodity pool or as a vehicle for
investment in commodity futures or
commodity options.
The Commission seeks comment on
NFA’s petition and any related
questions. Copies of the petition are
available for inspection at the Office of
the Secretariat, by mail at the address
listed below, by telephoning (202) 418–
5100, or on the Commission’s Web site
(https://www.cftc.gov).
Comments must be received on
or before October 18, 2010. Comments
must be in English or, if not,
accompanied by an English translation.
DATES:
Comments should be sent to
David A. Stawick, Secretary,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street, NW., Washington, DC
20581. Comments may be sent by
facsimile transmission to (202) 418–
5521, or by e-mail to
NFAamendrule4.5@cftc.gov. Reference
should be made to ‘‘National Futures
Association Petition to Amend
Commission Rule 4.5.’’ Comments may
also be submitted by connecting to the
Federal eRulemaking Portal at https://
www.regulations.gov and following the
comment submission instructions.
Comments will be published on the
Commission’s Web site.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Kevin P. Walek, Assistant Director,
Telephone: (202) 418–5463, E-mail:
kwalek@cftc.gov or Daniel S. Konar II,
Attorney-Advisor, Telephone: (202)
418–5405, E-mail: dkonar@cftc.gov,
Division of Clearing and Intermediary
Oversight, Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street, NW., Washington, DC
20581.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\17SEN1.SGM
17SEN1
56998
Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Notices
I. Background
In 1985, the Commission adopted
Rule 4.5, which provides an exclusion
from the definition of ‘‘CPO’’ for certain
otherwise regulated persons that
operated certain qualifying entities.1 At
the time of its adoption, any person
seeking to claim the exclusion was
required to file with the Commission a
notice of eligibility that contained a
representation that
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
* * * such person will operate the
qualifying entity specified therein in a
manner such that the qualifying entity: (i)
Will use commodity futures or commodity
options contracts solely for bona fide hedging
purposes within the meaning and intent of
§ 1.3(z)(1) [subject to certain provisions]
* * * (ii) Will not enter into commodity
futures and commodity options contracts for
which the aggregate initial margin and
premiums exceed 5 percent of the fair market
value of the entity’s assets, after taking into
account unrealized profits and unrealized
losses on any such contracts * * * and (iii)
Will not be, and has not been, marketing
participations to the public as or in a
commodity pool or otherwise as or in a
vehicle for trading in the commodity futures
or commodity options markets.2
In 2003, the Commission amended
Rule 4.5 by deleting the bona fide
hedging requirement, the limitation on
aggregate initial margin, and the
prohibition on marketing.3 In proposing
these amendments to Rule 4.5, the
Commission explained that its decision
to delete the hedging requirement and
the limitation on aggregate initial
margin was driven by the fact that
persons and qualifying entities that are
otherwise regulated ‘‘may not need to be
subject to any commodity interest
trading criteria to qualify for the
exclusion afforded by Rule 4.5.’’ 4 The
Commission further explained when
adopting the final amendments that its
decision to delete the prohibition on
marketing was driven by comments
claiming that ‘‘the ‘otherwise regulated’
nature of the qualifying entities * * *
would provide adequate customer
protection, and, further, that compliance
with the subjective nature of the
marketing restriction could give rise to
the possibility of unequal enforcement
where commodity interest trading was
restricted.’’ 5
Rule 4.5 currently requires only that
notices of eligibility include
representations that
* * * the qualifying entity: (i) Will
disclose in writing to each participant,
whether existing or prospective, that the
FR 15868–01 (April 23, 1985).
at 15883.
3 68 FR 47221–01, 47223 (Aug. 8, 2003).
4 68 FR 12622–02, 12626 (March 17, 2003).
5 68 FR 47223.
qualifying entity is operated be a person who
has claimed an exclusion from the definition
of the term ‘commodity pool operator’ under
the [Commodity Exchange] Act, and
therefore, who is not subject to registration or
regulation as a pool operator under the
[Commodity Exchange] Act * * * and (ii)
Will submit to special calls as the
Commission may require.6
II. NFA’s Petition
By letter dated August 18, 2010
(‘‘Petition’’), NFA, a registered futures
association, petitioned the Commission
under Rule 13.2 7 to amend Rule 4.5.
Specifically, NFA requested that, in
addition to the two current
representations required in a person’s
notice of eligibility, Rule 4.5 should
require the following representation:
(iii) Furthermore, if the person claiming
the exclusion is an investment company
registered as such under the Investment
Company Act of 1940, then the notice of
eligibility must also contain representations
that such person will operate the qualifying
entity as described in [Rule] 4.5(b)(1) in a
manner such that the qualifying entity: (a)
Will use commodity futures or commodity
options contracts solely for bona fide hedging
purposes within the meaning and intent of
[Rule] 1.3(z)(1); Provided however, That in
addition, with respect to positions in
commodity futures or commodity option
contracts that may be held by a qualifying
entity only which do not come within the
meaning and intent of [Rule] 1.3(z)(1), a
qualifying entity may represent that the
aggregate initial margin and premiums
required to establish such positions will not
exceed five percent of the liquidation value
of the qualifying entity’s portfolio, after
taking into account unrealized profits and
unrealized losses on any such contracts it has
entered into; and, Provided further, That in
the case of an option that is in-the-money at
the time of purchase, the in-the-money
amount as defined in [Rule] 190.01(x) may be
excluded in computing such [five] percent;
(b) Will not be, and has not been, marketing
participations to the public as or in a
commodity pool or otherwise as or in a
vehicle for trading in (or otherwise seeking
investment exposure to) the commodity
futures or commodity options markets.
III. Request for Comments
The Commission requests public
comment on any aspect of the Petition
that commenters believe may raise
issues under the Commodity Exchange
Act or Commission regulations.
*
*
*
*
*
1 50
2 Id.
VerDate Mar<15>2010
14:46 Sep 16, 2010
Jkt 220001
6 17
CFR 4.5(c)(2).
CFR 13.2 (enumerating the process by which
the Commission may be petitioned for the issuance,
amendment or repeal of a rule).
7 17
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
Issued in Washington, DC, on September
13, 2010 by the Commission.
David A. Stawick,
Secretary of the Commission.
[FR Doc. 2010–23310 Filed 9–16–10; 8:45 am]
BILLING CODE 6351–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2010–0046]
Agency Information Collection
Activities; Submission for Office of
Management and Budget Review;
Comment Request; Consumer Focus
Groups
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
The Consumer Product Safety
Commission (‘‘CPSC’’ or ‘‘Commission’’)
is announcing that a proposed
collection of information has been
submitted to the Office of Management
and Budget (‘‘OMB’’) for review and
clearance under the Paperwork
Reduction Act of 1995.
DATES: Fax written comments on the
collection of information by October 18,
2010.
ADDRESSES: To ensure that comments on
the information collection are received,
OMB recommends that written
comments be faxed to the Office of
Information and Regulatory Affairs,
OMB, Attn: CPSC Desk Officer, FAX:
202–395–6974, or e-mailed to
oira_submission@omb.eop.gov. All
comments should be identified with the
OMB control number 3041–0136 and
identified by Docket No. CPSC–2010–
0046. In addition, written comments
also should be submitted in https://
www.regulations.gov under Docket No.
CPSC–2010–0046, or by mail/hand
delivery/courier (for paper, disk, or CD–
ROM submissions), preferably in five
copies, to: Office of the Secretary,
Consumer Product Safety Commission,
Room 820, 4330 East West Highway,
Bethesda, MD 20814; telephone (301)
504–7923.
FOR FURTHER INFORMATION CONTACT:
Linda Glatz, Division of Policy and
Planning, Office of Information
Technology, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814, (301) 504–7671,
lglatz@cpsc.gov.
SUMMARY:
In
compliance with 44 U.S.C. 3507, the
CPSC has submitted the following
proposed collection of information to
OMB for review and clearance:
SUPPLEMENTARY INFORMATION:
E:\FR\FM\17SEN1.SGM
17SEN1
Agencies
[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Notices]
[Pages 56997-56998]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23310]
-----------------------------------------------------------------------
COMMODITY FUTURES TRADING COMMISSION
Petition of the National Futures Association, Pursuant to Rule
13.2, to the U.S. Commodity Futures Trading Commission To Amend of the
Rule 4.5
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice of Petition and Request for Comment.
-----------------------------------------------------------------------
SUMMARY: The National Futures Association (``NFA'') has petitioned the
Commodity Futures Trading Commission (``Commission'' or ``CFTC'') to
amend a rule that excludes certain otherwise regulated persons from the
definition of the term ``commodity pool operator'' (``CPO'') with
respect to certain qualifying entities. The rule presently requires any
person desiring to claim the exclusion to file a notice of eligibility
with NFA, which must identify the qualifying entity to be operated
pursuant to the exclusion.
NFA requests the Commission amend its rule to limit the scope of
the exclusion for registered investment companies (``RICs'').
Specifically, NFA has requested that any RIC include in its notice of
eligibility a representation that the RIC's qualifying entity (1) Will
use commodity futures or commodity options contracts solely for bona
fide hedging purposes, (2) will not have the initial margin and
premiums required to establish any commodity futures or commodity
options not used for bona fide hedging purposes exceeding five percent
(5%) of the liquidation value of the qualifying entity's portfolio, and
(3) will not be marketed to the public as a commodity pool or as a
vehicle for investment in commodity futures or commodity options.
The Commission seeks comment on NFA's petition and any related
questions. Copies of the petition are available for inspection at the
Office of the Secretariat, by mail at the address listed below, by
telephoning (202) 418-5100, or on the Commission's Web site (https://www.cftc.gov).
DATES: Comments must be received on or before October 18, 2010.
Comments must be in English or, if not, accompanied by an English
translation.
ADDRESSES: Comments should be sent to David A. Stawick, Secretary,
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st
Street, NW., Washington, DC 20581. Comments may be sent by facsimile
transmission to (202) 418-5521, or by e-mail to
NFAamendrule4.5@cftc.gov. Reference should be made to ``National
Futures Association Petition to Amend Commission Rule 4.5.'' Comments
may also be submitted by connecting to the Federal eRulemaking Portal
at https://www.regulations.gov and following the comment submission
instructions. Comments will be published on the Commission's Web site.
FOR FURTHER INFORMATION CONTACT: Kevin P. Walek, Assistant Director,
Telephone: (202) 418-5463, E-mail: kwalek@cftc.gov or Daniel S. Konar
II, Attorney-Advisor, Telephone: (202) 418-5405, E-mail:
dkonar@cftc.gov, Division of Clearing and Intermediary Oversight,
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st
Street, NW., Washington, DC 20581.
SUPPLEMENTARY INFORMATION:
[[Page 56998]]
I. Background
In 1985, the Commission adopted Rule 4.5, which provides an
exclusion from the definition of ``CPO'' for certain otherwise
regulated persons that operated certain qualifying entities.\1\ At the
time of its adoption, any person seeking to claim the exclusion was
required to file with the Commission a notice of eligibility that
contained a representation that
---------------------------------------------------------------------------
\1\ 50 FR 15868-01 (April 23, 1985).
* * * such person will operate the qualifying entity specified
therein in a manner such that the qualifying entity: (i) Will use
commodity futures or commodity options contracts solely for bona
fide hedging purposes within the meaning and intent of Sec.
1.3(z)(1) [subject to certain provisions] * * * (ii) Will not enter
into commodity futures and commodity options contracts for which the
aggregate initial margin and premiums exceed 5 percent of the fair
market value of the entity's assets, after taking into account
unrealized profits and unrealized losses on any such contracts * * *
and (iii) Will not be, and has not been, marketing participations to
the public as or in a commodity pool or otherwise as or in a vehicle
for trading in the commodity futures or commodity options
markets.\2\
---------------------------------------------------------------------------
\2\ Id. at 15883.
In 2003, the Commission amended Rule 4.5 by deleting the bona fide
hedging requirement, the limitation on aggregate initial margin, and
the prohibition on marketing.\3\ In proposing these amendments to Rule
4.5, the Commission explained that its decision to delete the hedging
requirement and the limitation on aggregate initial margin was driven
by the fact that persons and qualifying entities that are otherwise
regulated ``may not need to be subject to any commodity interest
trading criteria to qualify for the exclusion afforded by Rule 4.5.''
\4\ The Commission further explained when adopting the final amendments
that its decision to delete the prohibition on marketing was driven by
comments claiming that ``the `otherwise regulated' nature of the
qualifying entities * * * would provide adequate customer protection,
and, further, that compliance with the subjective nature of the
marketing restriction could give rise to the possibility of unequal
enforcement where commodity interest trading was restricted.'' \5\
---------------------------------------------------------------------------
\3\ 68 FR 47221-01, 47223 (Aug. 8, 2003).
\4\ 68 FR 12622-02, 12626 (March 17, 2003).
\5\ 68 FR 47223.
---------------------------------------------------------------------------
Rule 4.5 currently requires only that notices of eligibility
include representations that
* * * the qualifying entity: (i) Will disclose in writing to
each participant, whether existing or prospective, that the
qualifying entity is operated be a person who has claimed an
exclusion from the definition of the term `commodity pool operator'
under the [Commodity Exchange] Act, and therefore, who is not
subject to registration or regulation as a pool operator under the
[Commodity Exchange] Act * * * and (ii) Will submit to special calls
as the Commission may require.\6\
---------------------------------------------------------------------------
\6\ 17 CFR 4.5(c)(2).
---------------------------------------------------------------------------
II. NFA's Petition
By letter dated August 18, 2010 (``Petition''), NFA, a registered
futures association, petitioned the Commission under Rule 13.2 \7\ to
amend Rule 4.5. Specifically, NFA requested that, in addition to the
two current representations required in a person's notice of
eligibility, Rule 4.5 should require the following representation:
---------------------------------------------------------------------------
\7\ 17 CFR 13.2 (enumerating the process by which the Commission
may be petitioned for the issuance, amendment or repeal of a rule).
(iii) Furthermore, if the person claiming the exclusion is an
investment company registered as such under the Investment Company
Act of 1940, then the notice of eligibility must also contain
representations that such person will operate the qualifying entity
as described in [Rule] 4.5(b)(1) in a manner such that the
qualifying entity: (a) Will use commodity futures or commodity
options contracts solely for bona fide hedging purposes within the
meaning and intent of [Rule] 1.3(z)(1); Provided however, That in
addition, with respect to positions in commodity futures or
commodity option contracts that may be held by a qualifying entity
only which do not come within the meaning and intent of [Rule]
1.3(z)(1), a qualifying entity may represent that the aggregate
initial margin and premiums required to establish such positions
will not exceed five percent of the liquidation value of the
qualifying entity's portfolio, after taking into account unrealized
profits and unrealized losses on any such contracts it has entered
into; and, Provided further, That in the case of an option that is
in-the-money at the time of purchase, the in-the-money amount as
defined in [Rule] 190.01(x) may be excluded in computing such [five]
percent; (b) Will not be, and has not been, marketing participations
to the public as or in a commodity pool or otherwise as or in a
vehicle for trading in (or otherwise seeking investment exposure to)
the commodity futures or commodity options markets.
III. Request for Comments
The Commission requests public comment on any aspect of the
Petition that commenters believe may raise issues under the Commodity
Exchange Act or Commission regulations.
* * * * *
Issued in Washington, DC, on September 13, 2010 by the
Commission.
David A. Stawick,
Secretary of the Commission.
[FR Doc. 2010-23310 Filed 9-16-10; 8:45 am]
BILLING CODE 6351-01-P