Rules of Practice; Amendments to Delegations of Authority to the Office of General Counsel, 1144-1145 [2012-31721]

Download as PDF 1144 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Rules and Regulations Senior Attorney for Commercial Space Transportation, Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267–3150; facsimile (202) 267–7971, email laura.montgomery@faa.gov. SUPPLEMENTARY INFORMATION: Background On September 7, 2012, the FAA published a final rule entitled, ‘‘Explosive Siting Requirements’’ (77 FR 55108). In that final rule, the FAA revised the requirements for siting explosives under a license to operate a launch site. The rule increased flexibility for launch site operators in site planning for the storage and handling of energetic liquids and explosives. In the discussion of the Overview of the Final Rule, the FAA explained that it was dispensing with the hazard groups of tables E–3 through E–6 of appendix E of Title 14, Code of Federal Regulations part 420 as a means of classification to be consistent with the Department of Defense (DOD) Explosives Safety Board (DDESB) and National Fire Protection Association (NFPA) practices. In the full title of DDESB, the FAA inadvertently used the word ‘‘siting’’ instead of ‘‘safety.’’ The FAA is now correcting the error to properly identify DDESB. Correction to Preamble 1. On page 55109, in the first column, in the first paragraph under Section I., correct ‘‘Department of Defense (DOD) Explosives Siting Board’s (DDESB)’’ to read ‘‘Department of Defense (DOD) Explosives Safety Board (DDESB)’’. Issued in Washington, DC on January 2, 2013. Lirio Liu, Director, Office of Rulemaking. [FR Doc. 2013–00109 Filed 1–7–13; 8:45 am] BILLING CODE 4910–13–P COMMODITY FUTURES TRADING COMMISSION Rules of Practice; Amendments to Delegations of Authority to the Office of General Counsel Commodity Futures Trading Commission. ACTION: Final rule. mstockstill on DSK4VPTVN1PROD with AGENCY: The Commodity Futures Trading Commission (‘‘CFTC’’ or ‘‘Commission’’) is amending its regulations delegating authority to the VerDate Mar<15>2010 16:16 Jan 07, 2013 Jkt 229001 DATES: Effective Date: January 8, 2013. FOR FURTHER INFORMATION CONTACT: Lynn Bulan, Counsel, Office of General Counsel, 1155 21st Street NW., Washington, DC 20581, lbulan@cftc.gov and (202) 418–5120. The Commission is revising delegations of authority to the Office of General Counsel, replacing delegations to the Deputy General Counsel for Opinions and Review with delegations to the General Counsel. The reason for this change is due to the elimination of the position of Deputy General Counsel for Opinions and Review under a reorganization within the Office of General Counsel. The revisions will permit the General Counsel to subdelegate authority to any Commission employee under his or her supervision. SUPPLEMENTARY INFORMATION: I. Rules Being Amended The following CFTC rules are being amended. A. 17 CFR 9.9 CFTC rule 9.9 delegates certain authority to the Deputy General Counsel for Opinions and Review. Currently, the rule authorizes the Deputy General Counsel for Opinions and Review or his/her designee to handle certain procedural and technical matters and, in his/her discretion, to submit matters otherwise falling within this rule to the Commission for its consideration. The CFTC is changing the rule to grant this authority to the General Counsel. As a result, references to the Deputy General Counsel for Opinions and Review in rule 9.9 have been changed to the General Counsel, and to any employee under the General Counsel’s supervision as he or she may designate. B. 17 CFR 12.10 17 CFR Parts 9, 12, and 171 SUMMARY: Commission’s Office of General Counsel, so that all delegations thereto will be to the General Counsel, with authority to sub-delegate to any Commission employee under the supervision of the General Counsel. CFTC rule 12.10(a)(3) sets forth all the persons upon whom the Proceedings Clerk must serve all notices, rulings, opinions, and orders. This list of persons includes the Deputy General Counsel for Opinions and Review. The rule is being revised such that all references to the Deputy General Counsel for Opinions and Review in rule 12.10 have been changed to the General Counsel, and permits the General Counsel to sub-delegate this authority to any Commission employee under his or her supervision. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 C. 17 CFR 12.408 CFTC rule 12.408 is titled ‘‘Delegation of Authority to the Deputy General Counsel for Opinions.’’ The text of the rule delegates certain functions to the General Counsel and not the Deputy General Counsel for Opinions. In order to conform the title of the section to the substance of the section, the reference in the title of the section has been changed to ‘‘Delegation of Authority to the General Counsel.’’ D. 17 CFR 171.1(c) CFTC rule 171.1(c) provides the Deputy General Counsel for Opinions the authority to strike a notice of appeal in certain circumstances. All references to the Deputy General Counsel for Opinions in rule 171.1(c) have been changed to the General Counsel, or the General Counsel’s delegate. E. 17 CFR 171.50 CFTC rule 171.50 delegates certain authority to the Deputy General Counsel for Opinions. The current rule authorizes the Deputy General Counsel for Opinions and Review or his/her designee to handle certain procedural and technical matters and, in his/her discretion, to submit matters otherwise falling within this rule to the Commission for its consideration. References in rule 171.50 have been changed to the General Counsel. II. Administrative Compliance A. Administrative Procedure Act The Administrative Procedure Act does not require notice of the proposed rulemaking and an opportunity for public participation in connection with these amendments, as they relate solely to agency organization, procedure and practice.1 For the same reason, these rules will become effective upon publication in the Federal Register.2 Pursuant to the authority contained in the Commodity Exchange Act, in particular section 2(a)(4), 7 U.S.C. 2(a)(4), the CFTC corrects part 9, 12 and 171 of Title 17 of the Code of Federal regulations as described below. B. Paperwork Reduction Act and Regulatory Flexibility Act This rulemaking does not contain any collections of information for which the Commission must seek a control number under the Paperwork Reduction Act.3 Moreover, the Regulatory Flexibility Act requires the Commission to consider whether a rulemaking will 15 U.S.C. 553(b). U.S.C. 553(d). 3 See 44 U.S.C. 3501 et seq. 25 E:\FR\FM\08JAR1.SGM 08JAR1 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Rules and Regulations have a significant economic impact on a substantial number of small businesses only when the agency is obligated to publish a general notice of proposed rulemaking under section 553(b). As this rulemaking relates to agency organization and procedure, and therefore is not subject to notice and comment under section 553(b), a regulatory flexibility analysis is not required.4 List of Subjects in 17 CFR Parts 9, 12 and 171 Administrative practice and procedure, Commodity exchanges, Commodity futures, Rules of practice before administrative agency. For the reasons stated in the preamble, the Commodity Futures Trading Commission amends 17 CFR Parts 9, 12 and 171 as set forth below: PART 9—RULES RELATING TO REVIEW OF EXCHANGE DISCIPLINARY, ACCESS DENIAL OR OTHER ADVERSE ACTIONS 1. The authority citation for Part 9 continues to read as follows: ■ Authority: 7 U.S.C. 4a, 6c, 7a, 12a, 12c, 16a, as amended by Title XIII of the Food, Conservation and Energy Act of 2008, Pub. L. 110–246, 122 Stat. 1624 (June 18, 2008), unless otherwise noted. 2. Section 9.9 is amended by revising paragraphs (b)(1) introductory text, (b)(3) and (b)(4), to read as follows: ■ § 9.9 Waiver of rules; delegation of authority. * * * * (b) * * * (1) The Commission hereby delegates, until the Commission orders otherwise, to the General Counsel, or to any employee under the General Counsel’s supervision as the General Counsel may designate, the authority: * * * * * (3) The General Counsel, or his designee, may submit to the Commission for its consideration any matter which has been delegated pursuant to paragraph (b)(1) of this section. (4) Nothing in this section will be deemed to prohibit the Commission, at its election, from exercising the authority delegated to the General Counsel, or his designee, under this section. mstockstill on DSK4VPTVN1PROD with * PART 12—RULES RELATING TO REPARATION PROCEEDINGS 3. The authority citation for Part 12 continues to read as follows: ■ 4 See 5 U.S.C. 601(2). VerDate Mar<15>2010 16:16 Jan 07, 2013 Jkt 229001 Authority: 7 U.S.C. 2(a)(12), 12a(5), and 18, as amended by Title XIII of the Food, Conservation and Energy Act of 2008, Pub. L. 110–246, 122 Stat. 1624 (June 18, 2008), unless otherwise noted. 4. Section 12.10 is amended by revising paragraph (a)(3) to read as follows: ■ § 12.10 Service. * * * * * (a) * * * (3) Service of orders and decisions. A copy of all notices, rulings, opinions and orders of the Proceedings Clerk, the Director of the Office of Proceedings, a Judgment Officer, Administrative Law Judge, the General Counsel or any employee under the General Counsel’s supervision as the General Counsel may designate, or the Commission shall be served by the Proceedings Clerk on each of the parties. * * * * * 1145 § 171.50 Delegation to the General Counsel. (a) The Commission hereby delegates, until it orders otherwise, to the General Counsel, or any employee under the General Counsel’s supervision as the General Counsel may designate, the authority: * * * * * (c) The General Counsel, or his designee, may submit to the Commission for its consideration any matter which has been delegated pursuant to paragraph (a) of this section. (d) Nothing in this section will be deemed to prohibit the Commission, at its election, from exercising the authority delegated to the General Counsel, or his designee, under this section. Issued in Washington, DC on December 31, 2012, by the Commission. Sauntia S. Warfield, Assistant Secretary of the Commission. 5. Section 12.408 is amended by revising the section heading to read as follows: [FR Doc. 2012–31721 Filed 1–7–13; 8:45 am] § 12.408 Delegation of authority to the General Counsel. DEPARTMENT OF HOMELAND SECURITY ■ * * * * * BILLING CODE 6351–01–P Coast Guard PART 171—RULES RELATING TO REVIEW OF NATIONAL FUTURES ASSOCIATION DECISIONS IN DISCIPLINARY, MEMBERSHIP DENIAL, REGISTRATION AND MEMBERSHIP RESPONSIBILITY ACTIONS Authority and Issuance 6. The authority citation for Part 171 continues to read as follows: ■ Authority: 7 U.S.C. 4a, 12a, and 21, as amended by Title XIII of the Food, Conservation and Energy Act of 2008, Pub. L. 110–246, 122 Stat. 1624 (June 18, 2008), unless otherwise noted. 7. Section 171.1 is amended by revising paragraph (c) to read as follows: ■ § 171.1 Scope of rules. * * * * * (c) Appeals from excluded decisions. If the General Counsel, or any employee under the General Counsel’s supervision as the General Counsel may designate, determines that a notice of appeal submitted to the Commission is from a decision that is excluded from review under this part, the notice of appeal may be stricken and ordered to be returned to the aggrieved party who submitted it. * * * * * 8. Section 171.50 is amended by revising paragraphs (a) introductory text, (c), and (d) to read as follows: ■ PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 33 CFR Part 165 [Docket Number USCG–2012–0824] RIN 1625–AA11 Regulated Navigation Area; Housatonic River, Bridge Replacement Operations; Stratford, CT Coast Guard, DHS. Temporary interim rule and request for comments. AGENCY: ACTION: The Coast Guard is establishing a regulated navigation area (RNA) on the navigable waters of the Housatonic River surrounding the Interstate 95 (I–95) Bridge, between Stratford and Milford, CT. This RNA allows the Coast Guard to enforce speed and wake restrictions and prohibit all vessel traffic through the RNA during bridge replacement operations, both planned and unforeseen, that could pose an imminent hazard to persons and vessels operating in the area. This rule is necessary to provide for the safety of life on the navigable waters during the replacement of the bridge. DATES: This rule is effective and will be enforced from January, 7, 2013 through November 30, 2017. Comments and related material may be received by the Coast Guard through the effective period. SUMMARY: E:\FR\FM\08JAR1.SGM 08JAR1

Agencies

Commodity Futures Trading Commission

[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Rules and Regulations]
[Pages 1144-1145]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31721]


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COMMODITY FUTURES TRADING COMMISSION

17 CFR Parts 9, 12, and 171


Rules of Practice; Amendments to Delegations of Authority to the 
Office of General Counsel

AGENCY: Commodity Futures Trading Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Commodity Futures Trading Commission (``CFTC'' or 
``Commission'') is amending its regulations delegating authority to the 
Commission's Office of General Counsel, so that all delegations thereto 
will be to the General Counsel, with authority to sub-delegate to any 
Commission employee under the supervision of the General Counsel.

DATES: Effective Date: January 8, 2013.

FOR FURTHER INFORMATION CONTACT: Lynn Bulan, Counsel, Office of General 
Counsel, 1155 21st Street NW., Washington, DC 20581, lbulan@cftc.gov 
and (202) 418-5120.

SUPPLEMENTARY INFORMATION: The Commission is revising delegations of 
authority to the Office of General Counsel, replacing delegations to 
the Deputy General Counsel for Opinions and Review with delegations to 
the General Counsel. The reason for this change is due to the 
elimination of the position of Deputy General Counsel for Opinions and 
Review under a reorganization within the Office of General Counsel. The 
revisions will permit the General Counsel to sub-delegate authority to 
any Commission employee under his or her supervision.

I. Rules Being Amended

    The following CFTC rules are being amended.

A. 17 CFR 9.9

    CFTC rule 9.9 delegates certain authority to the Deputy General 
Counsel for Opinions and Review. Currently, the rule authorizes the 
Deputy General Counsel for Opinions and Review or his/her designee to 
handle certain procedural and technical matters and, in his/her 
discretion, to submit matters otherwise falling within this rule to the 
Commission for its consideration. The CFTC is changing the rule to 
grant this authority to the General Counsel. As a result, references to 
the Deputy General Counsel for Opinions and Review in rule 9.9 have 
been changed to the General Counsel, and to any employee under the 
General Counsel's supervision as he or she may designate.

B. 17 CFR 12.10

    CFTC rule 12.10(a)(3) sets forth all the persons upon whom the 
Proceedings Clerk must serve all notices, rulings, opinions, and 
orders. This list of persons includes the Deputy General Counsel for 
Opinions and Review. The rule is being revised such that all references 
to the Deputy General Counsel for Opinions and Review in rule 12.10 
have been changed to the General Counsel, and permits the General 
Counsel to sub-delegate this authority to any Commission employee under 
his or her supervision.

C. 17 CFR 12.408

    CFTC rule 12.408 is titled ``Delegation of Authority to the Deputy 
General Counsel for Opinions.'' The text of the rule delegates certain 
functions to the General Counsel and not the Deputy General Counsel for 
Opinions. In order to conform the title of the section to the substance 
of the section, the reference in the title of the section has been 
changed to ``Delegation of Authority to the General Counsel.''

D. 17 CFR 171.1(c)

    CFTC rule 171.1(c) provides the Deputy General Counsel for Opinions 
the authority to strike a notice of appeal in certain circumstances. 
All references to the Deputy General Counsel for Opinions in rule 
171.1(c) have been changed to the General Counsel, or the General 
Counsel's delegate.

E. 17 CFR 171.50

    CFTC rule 171.50 delegates certain authority to the Deputy General 
Counsel for Opinions. The current rule authorizes the Deputy General 
Counsel for Opinions and Review or his/her designee to handle certain 
procedural and technical matters and, in his/her discretion, to submit 
matters otherwise falling within this rule to the Commission for its 
consideration. References in rule 171.50 have been changed to the 
General Counsel.

II. Administrative Compliance

A. Administrative Procedure Act

    The Administrative Procedure Act does not require notice of the 
proposed rulemaking and an opportunity for public participation in 
connection with these amendments, as they relate solely to agency 
organization, procedure and practice.\1\ For the same reason, these 
rules will become effective upon publication in the Federal 
Register.\2\
---------------------------------------------------------------------------

    \1\ 5 U.S.C. 553(b).
    \2\ 5 U.S.C. 553(d).
---------------------------------------------------------------------------

    Pursuant to the authority contained in the Commodity Exchange Act, 
in particular section 2(a)(4), 7 U.S.C. 2(a)(4), the CFTC corrects part 
9, 12 and 171 of Title 17 of the Code of Federal regulations as 
described below.

B. Paperwork Reduction Act and Regulatory Flexibility Act

    This rulemaking does not contain any collections of information for 
which the Commission must seek a control number under the Paperwork 
Reduction Act.\3\ Moreover, the Regulatory Flexibility Act requires the 
Commission to consider whether a rulemaking will

[[Page 1145]]

have a significant economic impact on a substantial number of small 
businesses only when the agency is obligated to publish a general 
notice of proposed rulemaking under section 553(b). As this rulemaking 
relates to agency organization and procedure, and therefore is not 
subject to notice and comment under section 553(b), a regulatory 
flexibility analysis is not required.\4\
---------------------------------------------------------------------------

    \3\ See 44 U.S.C. 3501 et seq.
    \4\ See 5 U.S.C. 601(2).
---------------------------------------------------------------------------

List of Subjects in 17 CFR Parts 9, 12 and 171

    Administrative practice and procedure, Commodity exchanges, 
Commodity futures, Rules of practice before administrative agency.

    For the reasons stated in the preamble, the Commodity Futures 
Trading Commission amends 17 CFR Parts 9, 12 and 171 as set forth 
below:

PART 9--RULES RELATING TO REVIEW OF EXCHANGE DISCIPLINARY, ACCESS 
DENIAL OR OTHER ADVERSE ACTIONS

0
1. The authority citation for Part 9 continues to read as follows:

    Authority:  7 U.S.C. 4a, 6c, 7a, 12a, 12c, 16a, as amended by 
Title XIII of the Food, Conservation and Energy Act of 2008, Pub. L. 
110-246, 122 Stat. 1624 (June 18, 2008), unless otherwise noted.


0
2. Section 9.9 is amended by revising paragraphs (b)(1) introductory 
text, (b)(3) and (b)(4), to read as follows:


Sec.  9.9  Waiver of rules; delegation of authority.

* * * * *
    (b) * * *
    (1) The Commission hereby delegates, until the Commission orders 
otherwise, to the General Counsel, or to any employee under the General 
Counsel's supervision as the General Counsel may designate, the 
authority:
* * * * *
    (3) The General Counsel, or his designee, may submit to the 
Commission for its consideration any matter which has been delegated 
pursuant to paragraph (b)(1) of this section.
    (4) Nothing in this section will be deemed to prohibit the 
Commission, at its election, from exercising the authority delegated to 
the General Counsel, or his designee, under this section.

PART 12--RULES RELATING TO REPARATION PROCEEDINGS

0
3. The authority citation for Part 12 continues to read as follows:

    Authority:  7 U.S.C. 2(a)(12), 12a(5), and 18, as amended by 
Title XIII of the Food, Conservation and Energy Act of 2008, Pub. L. 
110-246, 122 Stat. 1624 (June 18, 2008), unless otherwise noted.


0
4. Section 12.10 is amended by revising paragraph (a)(3) to read as 
follows:


Sec.  12.10  Service.

* * * * *
    (a) * * *
    (3) Service of orders and decisions. A copy of all notices, 
rulings, opinions and orders of the Proceedings Clerk, the Director of 
the Office of Proceedings, a Judgment Officer, Administrative Law 
Judge, the General Counsel or any employee under the General Counsel's 
supervision as the General Counsel may designate, or the Commission 
shall be served by the Proceedings Clerk on each of the parties.
* * * * *

0
5. Section 12.408 is amended by revising the section heading to read as 
follows:


Sec.  12.408  Delegation of authority to the General Counsel.

* * * * *

PART 171--RULES RELATING TO REVIEW OF NATIONAL FUTURES ASSOCIATION 
DECISIONS IN DISCIPLINARY, MEMBERSHIP DENIAL, REGISTRATION AND 
MEMBERSHIP RESPONSIBILITY ACTIONS

Authority and Issuance

0
6. The authority citation for Part 171 continues to read as follows:

    Authority:  7 U.S.C. 4a, 12a, and 21, as amended by Title XIII 
of the Food, Conservation and Energy Act of 2008, Pub. L. 110-246, 
122 Stat. 1624 (June 18, 2008), unless otherwise noted.


0
7. Section 171.1 is amended by revising paragraph (c) to read as 
follows:


Sec.  171.1  Scope of rules.

* * * * *
    (c) Appeals from excluded decisions. If the General Counsel, or any 
employee under the General Counsel's supervision as the General Counsel 
may designate, determines that a notice of appeal submitted to the 
Commission is from a decision that is excluded from review under this 
part, the notice of appeal may be stricken and ordered to be returned 
to the aggrieved party who submitted it.
* * * * *

0
8. Section 171.50 is amended by revising paragraphs (a) introductory 
text, (c), and (d) to read as follows:


Sec.  171.50  Delegation to the General Counsel.

    (a) The Commission hereby delegates, until it orders otherwise, to 
the General Counsel, or any employee under the General Counsel's 
supervision as the General Counsel may designate, the authority:
* * * * *
    (c) The General Counsel, or his designee, may submit to the 
Commission for its consideration any matter which has been delegated 
pursuant to paragraph (a) of this section.
    (d) Nothing in this section will be deemed to prohibit the 
Commission, at its election, from exercising the authority delegated to 
the General Counsel, or his designee, under this section.

    Issued in Washington, DC on December 31, 2012, by the 
Commission.
Sauntia S. Warfield,
Assistant Secretary of the Commission.
[FR Doc. 2012-31721 Filed 1-7-13; 8:45 am]
BILLING CODE 6351-01-P

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