Position Limits for Derivatives and Aggregation of Positions, 30762-30763 [2014-12427]

Download as PDF 30762 Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Proposed Rules to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane. (4) AMOCs approved for inspections required by AD 2012–13–08 (77 FR 40481, July 10, 2012) are approved as AMOCs for the corresponding inspection provisions of paragraphs (g), (h), and (i) of this AD. (5) AMOCs approved for AD 2012–13–08 (77 FR 40481, July 10, 2012) that granted modification deviations are approved as AMOCs for the corresponding modification required by paragraph (j)(1) of this AD. (o) Related Information (1) For more information about this AD, contact Nathan Weigand, Aerospace Engineer, Airframe Branch, ANM–120S, Seattle Aircraft Certification Office (ACO), FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6428; fax: 425– 917–6590; email: Nathan.P.Weigand@ faa.gov. (2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206– 544–5000, extension 1; fax 206–766–5680; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on May 16, 2014. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2014–12479 Filed 5–28–14; 8:45 am] BILLING CODE 4910–13–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; 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 emcdonald on DSK67QTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:51 May 28, 2014 Jkt 232001 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 has directed staff to hold a public roundtable on June 19, 2014, to consider certain issues regarding position limits for physical commodity derivatives. In order to provide interested parties with an opportunity to comment on the issues to be discussed at the roundtable, the Commission will reopen the comment periods for the Position Limits Proposal and the Aggregation Proposal for a three-week period starting June 12, 2014 (one week before the roundtable) and ending July 3, 2014 (two weeks following the roundtable). Comments should be limited to the issues of hedges of a physical commodity by a commercial enterprise, including gross hedging, crosscommodity hedging, anticipatory hedging, and the process for obtaining a non-enumerated exemption; the setting of spot month limits in physicaldelivery and cash-settled contracts and a conditional spot-month limit exemption; the setting of non-spot limits for wheat contracts; the aggregation exemption for certain ownership interests of greater than 50 percent in an owned entity; and aggregation based on substantially identical trading strategies. 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 June 12, 2014, and close on July 3, 2014. 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: http:// comments.cftc.gov; • Mail: 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: http:// 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 http://www.cftc.gov. You should submit only information that you wish to make available publicly. If you wish the PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 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 http://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 component of the position limits regime and would establish speculative 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. 2 See E:\FR\FM\29MYP1.SGM 29MYP1 Federal Register / Vol. 79, No. 103 / Thursday, May 29, 2014 / Proposed Rules Issued in Washington, DC, on May 22, 2014, by the Commission. Christopher J. Kirkpatrick, Deputy Secretary of the Commission. II. Reopening of Comment Period emcdonald on DSK67QTVN1PROD with PROPOSALS 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 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.8 Comment letters received on the Position Limits Proposal are available at http://comments.cftc.gov/ PublicComments/ CommentList.aspx?id=1436. Comment letters received on the Aggregation Proposal are available at http:// comments.cftc.gov/PublicComments/ CommentList.aspx?id=1427. Proposed Rules on Food Labeling: Revision of the Nutrition and Supplement Facts Labels and Serving Sizes of Foods That Can Reasonably Be Consumed at One-Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments; Public Meeting 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 will focus 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 will include the setting of spot month limits in physical-delivery and cashsettled contracts and a conditional spotmonth limit exemption. Further, the roundtable will include 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 invites comment on whether to provide parity for wheat contracts in non-spot month limits. In light of the roundtable, the Commission is reopening the comment periods for the Position Limit Proposal and the Aggregation Proposal. Thus, both comment periods will reopen on June 12, 2014, and end on July 3, 2014. 6 See Position Limits for Derivatives, 78 FR 75680 (Dec. 12, 2013). 7 See Aggregation of Positions, 78 FR 68946 (Nov. 15, 2013). 8 See 79 FR 2394 (Jan. 14, 2014). VerDate Mar<15>2010 17:33 May 28, 2014 Jkt 232001 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, Acting Chairman Wetjen and Commissioner O’Malia voted in the affirmative. No Commissioner voted in the negative. [FR Doc. 2014–12427 Filed 5–28–14; 8:45 am] BILLING CODE 6351–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 101 [Docket Nos. FDA–2012–N–1210 and FDA– 2004–N–0258] AGENCY: Food and Drug Administration, HHS. ACTION: Notification of public meeting. The Food and Drug Administration (FDA or we) is announcing a public meeting to discuss two proposed rules aimed at updating nutrition information and serving size requirements on the nutrition facts labels to provide consumers with information that could be used to maintain healthy dietary practices. The purpose of the public meeting is to inform the public of the provisions of the proposed rules and the rulemaking process (including how to submit comments, data, and other information to both dockets) as well as solicit oral stakeholder and public comments on the proposed rules and to respond to questions about the proposed rules. DATES: See ‘‘How to Participate in the Public Meeting’’ in the SUPPLEMENTARY INFORMATION section of this document for dates and times of the public meeting, closing dates for advance registration, requesting special SUMMARY: PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 30763 accommodations due to disability, and information on deadlines for submitting either electronic or written comments to FDA’s Division of Dockets Management. ADDRESSES: See ‘‘How to Participate in the Public Meeting’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For questions about registering for this meeting, registering to make oral comments, to register by phone, or to submit a notice of participation by mail, fax, or email: Cindy de Sales, The Event Planning Group, LLC, 7910 Woodmont Ave., Suite 310, Bethesda, MD 20814, 240–316–3207, FAX: 240–316–3201, email: cindy@tepgevents.com. For general questions about this meeting or for special accommodations due to disability, contact: Juanita Yates, Center for Food Safety and Applied Nutrition (HFS–005), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240– 402–1731, email: Juanita.yates@ fda.hhs.gov. SUPPLEMENTARY INFORMATION: I. Background A. Nutrition Facts Label Proposed Rule After the passage of the Nutrition Labeling and Education Act of 1990 (NLEA) (Pub. L. 101–535), which added section 403(q) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 343(q), we issued various regulations related to nutrition information on food labels, including regulations requiring the declaration of certain nutrients, regulations specifying the format for nutrition labeling, regulations setting reference values for use in declaring nutrient content for certain nutrients, and regulations exempting certain products from nutrition labeling (see 21 CFR 101.9). In addition, after the passage of the Dietary Supplement Health and Education Act of 1994 (Pub. L. 103–417), we amended our food labeling regulations to establish requirements for the nutrition labeling of dietary supplements (§ 101.9(j)(6) and 21 CFR 101.36). Section 403(q) of the FD&C Act specifies certain nutrients to be declared in nutrition labeling, and authorizes the Secretary of Health and Human Services to require other nutrients to be declared if the Secretary determines that a nutrient will provide information regarding the nutritional value of such food that will assist consumers in maintaining healthy dietary practices. The Secretary also has discretion under section 403(q) of the FD&C Act to remove, by regulation and under certain E:\FR\FM\29MYP1.SGM 29MYP1

Agencies

[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Proposed Rules]
[Pages 30762-30763]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12427]


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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; reopening of comment periods.

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

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 has directed staff to hold a public 
roundtable on June 19, 2014, to consider certain issues regarding 
position limits for physical commodity derivatives. In order to provide 
interested parties with an opportunity to comment on the issues to be 
discussed at the roundtable, the Commission will reopen the comment 
periods for the Position Limits Proposal and the Aggregation Proposal 
for a three-week period starting June 12, 2014 (one week before the 
roundtable) and ending July 3, 2014 (two weeks following the 
roundtable).
    Comments should be limited to the issues of 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; the setting of spot month limits in 
physical-delivery and cash-settled contracts and a conditional spot-
month limit exemption; the setting of non-spot limits for wheat 
contracts; the aggregation exemption for certain ownership interests of 
greater than 50 percent in an owned entity; and aggregation based on 
substantially identical trading strategies.

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 June 12, 
2014, and close on July 3, 2014.

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: http://comments.cftc.gov;
     Mail: 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: http://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 http://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 http://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 component of the position 
limits regime and would establish speculative

[[Page 30763]]

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).
---------------------------------------------------------------------------

    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.\8\
---------------------------------------------------------------------------

    \8\ See 79 FR 2394 (Jan. 14, 2014).
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    Comment letters received on the Position Limits Proposal are 
available at http://comments.cftc.gov/PublicComments/CommentList.aspx?id=1436. Comment letters received on the Aggregation 
Proposal are available at http://comments.cftc.gov/PublicComments/CommentList.aspx?id=1427.

II. Reopening of Comment Period

    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 will 
focus 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 
will include the setting of spot month limits in physical-delivery and 
cash-settled contracts and a conditional spot-month limit exemption. 
Further, the roundtable will include 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 invites comment on whether 
to provide parity for wheat contracts in non-spot month limits.
    In light of the roundtable, the Commission is reopening the comment 
periods for the Position Limit Proposal and the Aggregation Proposal. 
Thus, both comment periods will reopen on June 12, 2014, and end on 
July 3, 2014.

    Issued in Washington, DC, on May 22, 2014, by the Commission.
Christopher J. Kirkpatrick,
Deputy 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, Acting Chairman Wetjen and Commissioner O'Malia 
voted in the affirmative. No Commissioner voted in the negative.

[FR Doc. 2014-12427 Filed 5-28-14; 8:45 am]
BILLING CODE 6351-01-P