Delegation of Authority To Disclose Confidential Information to a Contract Market, Registered Futures Association or Self-Regulatory Organization, 21522-21523 [2013-08440]

Download as PDF TKELLEY on DSK3SPTVN1PROD with RULES 21522 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations There are three pear processing plants in the production area, all located in Washington. All three pear processors would be considered large entities under the SBA’s definition of small businesses. This rule continues in effect the action that decreased the assessment rate established for the Committee and collected from handlers for the 2012– 2013 and subsequent fiscal periods from $7.73 to $7.00 per ton of processed pears handled. The Committee also unanimously recommended 2012–2013 expenditures of $842,137. The assessment rate of $7.00 is $0.73 lower than the rate previously in effect. The quantity of assessable summer/ fall processed pears for the 2012–2013 fiscal period is estimated at 120,000 tons. Thus, the $7.00 rate should provide $840,000 in assessment income. Income derived from summer/fall processed pear handler assessments, monetary reserve, interest, and other income will be adequate to cover the budgeted expenses. The Committee recommended the assessment rate decrease because the 2012–2013 summer/fall processed pear promotion budget was reduced. This rule continues in effect the action that decreased the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers and some of the costs may be passed on to producers. However, decreasing the assessment rate reduces the burden on handlers and may reduce the burden on producers. In addition, the Committee’s meeting was widely publicized throughout the Oregon-Washington pear industry. All interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the May 30, 2012, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order’s information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581–0189, Generic Fruit Crops. No changes in those requirements as a result of this action are anticipated. Should any changes become necessary, they would be submitted to OMB for approval. This action imposes no additional reporting or recordkeeping requirements on either small or large OregonWashington processed pear handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce VerDate Mar<15>2010 18:35 Apr 10, 2013 Jkt 229001 information requirements and duplication by industry and public sector agencies. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. Comments on the interim rule were required to be received on or before February 4, 2013. No comments were received. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule, without change. To view the interim rule, go to: http://www.regulations.gov/ #!docketDetail;D=AMS-FV-12-0031 This action also affirms information contained in the interim rule concerning Executive Orders 12866 and 12988, and the E-Gov Act (44 U.S.C. 101). After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the Federal Register (77 FR 72197, December 5, 2012) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 927 Marketing agreements, Pears, Reporting and recordkeeping requirements. PART 927—PEARS GROWN IN OREGON AND WASHINGTON Accordingly, the interim rule amending 7 CFR part 927, which was published at 77 FR 72197 on December 5, 2012, is adopted as a final rule, without change. Dated: April 5, 2013. David R. Shipman, Administrator, Agricultural Marketing Service. [FR Doc. 2013–08475 Filed 4–10–13; 8:45 am] BILLING CODE 3410–02–P COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 140 RIN 3038–AE04 Delegation of Authority To Disclose Confidential Information to a Contract Market, Registered Futures Association or Self-Regulatory Organization Commodity Futures Trading Commission. ACTION: Final rule. AGENCY: The Commission is revising its regulations to add to its delegation of authority to staff respecting the disclosure of information to self- SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 regulatory organizations newly established in the Wall Street Reform and Consumer Protection Act (the ‘‘Dodd-Frank Act’’) and not previously enumerated in the relevant regulations. DATES: This rulemaking is effective on April 11, 2013. FOR FURTHER INFORMATION CONTACT: Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581; David Van Wagner, Chief Counsel, Division of Market Oversight, telephone (202) 418–5481 and email dvanwagner@cftc.gov; and Robert Wasserman, Chief Counsel, Division of Clearing and Risk, telephone (202) 418– 5092 and email rwasserman@cftc.gov. SUPPLEMENTARY INFORMATION: I. Background Section 8a(6) of the Commodity Exchange Act (‘‘CEA’’), 7 U.S.C. 12a(6), authorizes the Commission to communicate to the proper committee of any registered entity the ‘‘full facts concerning any transaction or market operation, including the names of parties thereto, which in the judgment of the Commission disrupts or tends to disrupt any market or is otherwise harmful or against the best interests of producers, consumers, or investors, or which is necessary or appropriate to effectuate the purposes of [the CEA].’’ The term ‘‘registered entity’’ has been defined to include boards of trade designated as contract markets, derivatives clearing organizations, swap execution facilities, swap data repositories, and certain electronic facilities on which a contract determined by the Commission to be a significant price discovery contract is executed or traded.1 The definition of ‘‘registered entity’’ in the CEA was amended by the DoddFrank Act, which was enacted on July 21, 2010.2 Two new categories of registered entity were established: Swap execution facilities (‘‘SEFs’’) and swap data repositories (‘‘SDRs’’), which have self-regulatory roles in the swaps markets established in the CEA and its implementing regulations. Additionally, the core principles for derivatives clearing organizations (‘‘DCOs’’) were revised to expand the scope of a DCO’s self-regulatory responsibilities, in particular with respect to risk management. Commission regulations implementing the core principles require, for example, monitoring by the DCO of the large trader reports of its 17 U.S.C. 1a(40). Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111–203, 124 Stat. 1376 (2010). 2 See E:\FR\FM\11APR1.SGM 11APR1 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations members,3 which may necessitate the sharing of information by the Commission to a DCO on a periodic basis. In order to mitigate market disruptions, ensure the best interests of market participants, and to effectuate any purpose of the CEA as amended, the Commission is revising regulation 140.72 to permit the provision of critical information to all of these registered entities. Presently, the delegation of authority in regulation 140.72 provides certain employees of the Commission with the authority to disclose confidential information only to any contract market, registered futures association, or certain self-regulatory organizations.4 With this revision of regulation 140.72, the present delegation of authority will be expanded to include all registered entities as defined in the CEA and as permitted by section 8a(6) of the CEA. II. Related Matters A. Administrative Procedure Act The revisions to the Commission’s regulations in this rulemaking do not establish any new substantive or legislative rules, but rather relate solely to rules of agency organization, practice, or procedure. Therefore, this rulemaking is excepted from the public notice and comment provisions of the Administrative Procedure Act.5 Additionally, as the revisions to the Commission’s regulations in this rulemaking will not cause any party to undertake efforts to comply with the regulations as revised, the Commission has determined to make this rulemaking effective upon publication in the Federal Register.6 TKELLEY on DSK3SPTVN1PROD with RULES B. Regulatory Flexibility Act The Regulatory Flexibility Act requires the Commission to consider whether the regulations it adopts will have a significant economic impact on a substantial number of small entities.7 The Commission is obligated to conduct a regulatory flexibility analysis for any rule for which the agency publishes a general notice of proposed rulemaking pursuant to section 553(b) of the Administrative Procedure Act.8 This rulemaking is excepted from the public rulemaking provisions of the Administrative Procedure Act. Accordingly, the Commission is not obligated to conduct a regulatory flexibility analysis for this rulemaking. C. Paperwork Reduction Act The Commission may not conduct or sponsor, and a respondent is not required to respond to, a collection of information contained in a rulemaking unless the information collection displays a currently valid control number issued by the Office of Management and Budget (‘‘OMB’’) pursuant to the Paperwork Reduction Act.9 This rulemaking contains no collection of information that obligates the Commission to obtain a control number from OMB. List of Subjects in 17 CFR Part 140 Authority delegations (Government agencies), Organization and functions (Government agencies). For the reasons stated in the preamble, the Commission hereby amends chapter I of title 17 of the Code of Federal Regulations as follows: PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION 1. The authority citation for part 140 is revised to read as follows: ■ Authority: 7 U.S.C. 2(a)(12) and 12(b). § 140.72 2. Amend § 140.72 in the section heading and paragraphs (a), (b), (d), and (f) by removing the words ‘‘contract market’’ wherever they appear and adding in their place the words ‘‘registered entity.’’ ■ Issued in Washington, DC, on April 5, 2013, by the Commission. Christopher J. Kirkpatrick, Deputy Secretary of the Commission. [FR Doc. 2013–08440 Filed 4–10–13; 8:45 am] BILLING CODE 6351–01–P DEPARTMENT OF STATE 22 CFR Parts 120 and 126 RIN 1400–AD38 [Public Notice 8270] Implementation of the Defense Trade Cooperation Treaty Between the United States and Australia 17 CFR 39.13(h)(2). CFR 140.72. 5 5 U.S.C. 553(b). 6 See 5 U.S.C. 553(d). 7 See 5 U.S.C. 601 et seq. 8 5 U.S.C. 601(2). The Department of State is amending the International Traffic in Arms Regulations (ITAR) to implement SUMMARY: 4 17 VerDate Mar<15>2010 18:35 Apr 10, 2013 Department of State. Final rule. AGENCY: ACTION: 3 See [Amended] 9 See Jkt 229001 PO 00000 44 U.S.C. 3501 et seq. Frm 00009 Fmt 4700 Sfmt 4700 21523 the Treaty Between the Government of the United States of America and the Government of Australia Concerning Defense Trade Cooperation, identify via a supplement to the ITAR the defense articles and defense services that cannot be exported pursuant to the licensing exemption created by the Treaty, and make certain other corrections to the supplement. DATES: This rule is effective upon the entry into force of the Treaty Between the Government of the United States of America and the Government of Australia Concerning Defense Trade Cooperation. The Department will publish a final rule in the Federal Register providing the effective date of this rule. FOR FURTHER INFORMATION CONTACT: Sarah Heidema, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663–2809 or email DDTCResponseTeam@state.gov. ATTN: Regulatory Change—Treaties. SUPPLEMENTARY INFORMATION: The Department of State is amending the International Traffic in Arms Regulations (ITAR) pursuant to the Security Cooperation Act of 2010 (Pub. L. 111–266), with the inclusion of other changes. Title I of the Security Cooperation Act, the Defense Trade Cooperation Treaties Implementation Act of 2010, implements the Treaty Between the Government of the United States of America and the Government of Australia Concerning Defense Trade Cooperation (Treaty Doc. 110–10), and the Treaty Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Defense Trade Cooperation (Treaty Doc. 110–7). The U.S.-UK treaty entered into force on April 13, 2012. (See ‘‘Implementation of the Defense Trade Cooperation Treaty Between the United States and the United Kingdom,’’ 77 FR 16592, and ‘‘Announcement of Entry Into Force of the Defense Trade Cooperation Treaty Between the United States and the United Kingdom,’’ 77 FR 33089.) This rule amends the ITAR with regard to the U.S.-Australia treaty (the ‘‘Treaty’’). ITAR § 120.1 is amended to provide updated authorities and editorial changes. ITAR § 120.33 is added to provide a definition of ‘‘Defense Trade Cooperation Treaty between the United States and Australia.’’ New ITAR § 120.35 defines the Implementing Arrangement pursuant to the Treaty. ITAR § 126.16 is added to create the licensing exemption and provide guidance on its use. Supplement No. 1 to part 126 is amended to identify E:\FR\FM\11APR1.SGM 11APR1

Agencies

[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Rules and Regulations]
[Pages 21522-21523]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08440]


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COMMODITY FUTURES TRADING COMMISSION

17 CFR Part 140

RIN 3038-AE04


Delegation of Authority To Disclose Confidential Information to a 
Contract Market, Registered Futures Association or Self-Regulatory 
Organization

AGENCY: Commodity Futures Trading Commission.

ACTION: Final rule.

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SUMMARY: The Commission is revising its regulations to add to its 
delegation of authority to staff respecting the disclosure of 
information to self-regulatory organizations newly established in the 
Wall Street Reform and Consumer Protection Act (the ``Dodd-Frank Act'') 
and not previously enumerated in the relevant regulations.

DATES: This rulemaking is effective on April 11, 2013.

FOR FURTHER INFORMATION CONTACT: Commodity Futures Trading Commission, 
Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581; 
David Van Wagner, Chief Counsel, Division of Market Oversight, 
telephone (202) 418-5481 and email dvanwagner@cftc.gov; and Robert 
Wasserman, Chief Counsel, Division of Clearing and Risk, telephone 
(202) 418-5092 and email rwasserman@cftc.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 8a(6) of the Commodity Exchange Act (``CEA''), 7 U.S.C. 
12a(6), authorizes the Commission to communicate to the proper 
committee of any registered entity the ``full facts concerning any 
transaction or market operation, including the names of parties 
thereto, which in the judgment of the Commission disrupts or tends to 
disrupt any market or is otherwise harmful or against the best 
interests of producers, consumers, or investors, or which is necessary 
or appropriate to effectuate the purposes of [the CEA].'' The term 
``registered entity'' has been defined to include boards of trade 
designated as contract markets, derivatives clearing organizations, 
swap execution facilities, swap data repositories, and certain 
electronic facilities on which a contract determined by the Commission 
to be a significant price discovery contract is executed or traded.\1\
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    \1\ 7 U.S.C. 1a(40).
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    The definition of ``registered entity'' in the CEA was amended by 
the Dodd-Frank Act, which was enacted on July 21, 2010.\2\ Two new 
categories of registered entity were established: Swap execution 
facilities (``SEFs'') and swap data repositories (``SDRs''), which have 
self-regulatory roles in the swaps markets established in the CEA and 
its implementing regulations. Additionally, the core principles for 
derivatives clearing organizations (``DCOs'') were revised to expand 
the scope of a DCO's self-regulatory responsibilities, in particular 
with respect to risk management. Commission regulations implementing 
the core principles require, for example, monitoring by the DCO of the 
large trader reports of its

[[Page 21523]]

members,\3\ which may necessitate the sharing of information by the 
Commission to a DCO on a periodic basis.
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    \2\ See Dodd-Frank Wall Street Reform and Consumer Protection 
Act, Public Law 111-203, 124 Stat. 1376 (2010).
    \3\ See 17 CFR 39.13(h)(2).
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    In order to mitigate market disruptions, ensure the best interests 
of market participants, and to effectuate any purpose of the CEA as 
amended, the Commission is revising regulation 140.72 to permit the 
provision of critical information to all of these registered entities. 
Presently, the delegation of authority in regulation 140.72 provides 
certain employees of the Commission with the authority to disclose 
confidential information only to any contract market, registered 
futures association, or certain self-regulatory organizations.\4\ With 
this revision of regulation 140.72, the present delegation of authority 
will be expanded to include all registered entities as defined in the 
CEA and as permitted by section 8a(6) of the CEA.
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    \4\ 17 CFR 140.72.
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II. Related Matters

A. Administrative Procedure Act

    The revisions to the Commission's regulations in this rulemaking do 
not establish any new substantive or legislative rules, but rather 
relate solely to rules of agency organization, practice, or procedure. 
Therefore, this rulemaking is excepted from the public notice and 
comment provisions of the Administrative Procedure Act.\5\ 
Additionally, as the revisions to the Commission's regulations in this 
rulemaking will not cause any party to undertake efforts to comply with 
the regulations as revised, the Commission has determined to make this 
rulemaking effective upon publication in the Federal Register.\6\
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    \5\ 5 U.S.C. 553(b).
    \6\ See 5 U.S.C. 553(d).
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B. Regulatory Flexibility Act

    The Regulatory Flexibility Act requires the Commission to consider 
whether the regulations it adopts will have a significant economic 
impact on a substantial number of small entities.\7\ The Commission is 
obligated to conduct a regulatory flexibility analysis for any rule for 
which the agency publishes a general notice of proposed rulemaking 
pursuant to section 553(b) of the Administrative Procedure Act.\8\ This 
rulemaking is excepted from the public rulemaking provisions of the 
Administrative Procedure Act. Accordingly, the Commission is not 
obligated to conduct a regulatory flexibility analysis for this 
rulemaking.
---------------------------------------------------------------------------

    \7\ See 5 U.S.C. 601 et seq.
    \8\ 5 U.S.C. 601(2).
---------------------------------------------------------------------------

C. Paperwork Reduction Act

    The Commission may not conduct or sponsor, and a respondent is not 
required to respond to, a collection of information contained in a 
rulemaking unless the information collection displays a currently valid 
control number issued by the Office of Management and Budget (``OMB'') 
pursuant to the Paperwork Reduction Act.\9\ This rulemaking contains no 
collection of information that obligates the Commission to obtain a 
control number from OMB.
---------------------------------------------------------------------------

    \9\ See 44 U.S.C. 3501 et seq.
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List of Subjects in 17 CFR Part 140

    Authority delegations (Government agencies), Organization and 
functions (Government agencies).

    For the reasons stated in the preamble, the Commission hereby 
amends chapter I of title 17 of the Code of Federal Regulations as 
follows:

PART 140--ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION

0
1. The authority citation for part 140 is revised to read as follows:

    Authority: 7 U.S.C. 2(a)(12) and 12(b).


Sec.  140.72  [Amended]

0
2. Amend Sec.  140.72 in the section heading and paragraphs (a), (b), 
(d), and (f) by removing the words ``contract market'' wherever they 
appear and adding in their place the words ``registered entity.''

    Issued in Washington, DC, on April 5, 2013, by the Commission.
Christopher J. Kirkpatrick,
Deputy Secretary of the Commission.
[FR Doc. 2013-08440 Filed 4-10-13; 8:45 am]
BILLING CODE 6351-01-P