Commission Delegated Authority Provisions for Designated Contract Markets' System Safeguards Requirements, 45433-45434 [2017-20924]

Download as PDF Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations preferable. The ROD shall discuss preferences among alternatives based on relevant factors including economic and technical planning considerations and the Commission’s statutory mission. The ROD shall identify those factors balanced to reach a decision and the influence of various factors on the decision. (iii) A statement as to whether all practicable means to avoid or minimize environmental harm from the alternative selected has been adopted, and if not, why they are not. (iv) A monitoring and enforcement program that summarizes Mitigation measures. (v) Date of issuance. (vi) Signature of the Chairman. (2) The contents of the draft ROD proposed for Commission adoption shall be summarized in the EDR and a full version of the draft document shall be included as an Appendix to the EDR. The Draft ROD, independently of the EDR, shall be made available to the public for review fourteen (14) calendar days prior to the Commission’s consideration of the proposed action for which the EIS was prepared. (3) The Commission shall arrive at its decision about the proposed action for which NCPC serves as the Lead Agency and its environmental effects in a public meeting of record as identified by the Commission’s monthly agenda. (b) If NCPC is not the Lead Agency, following the Commission final approval of a project to which a ROD pertains, and consistent with the Federal Agency’s NEPA regulations, NCPC may take one of the following actions. It may either co-sign the Lead Agency’s ROD following Commission approval of the project if NCPC agrees with its contents and conclusions or it shall prepare, sign, and sign and adopt its own ROD in accordance with the requirements of paragraphs (a)(1) through (3) of this section. (c) If the Commission determines a Lead Agency’s EIS fails to support a ROD, the Lead Agency shall revise its EIS, or, alternatively, the Commission shall not approve or give any further consideration to underlying application. have a bearing on the proposed action or its impacts. (b) The NCPC may supplement a Draft or Final EIS at any time, to further the purposes of NEPA. (c) The NCPC shall prepare, circulate, and file a supplement to a Draft or Final EIS in in accordance with the requirements of §§ 601.22 through 601.24 except that Public Scoping is optional for a supplemental EIS. (d) The NCPC shall prepare a ROD for a Supplemental EIS. The ROD’s contents, the procedure for public review, and the manner in which it shall be adopted shall be as set forth in § 601.25. § 601.27 Legislative Environmental Impact Statement. (a) Consistent with 40 CFR1506.8, the Executive Director shall prepare an EIS for draft legislation initiated by NCPC for submission to Congress. The EIS for the proposed legislation shall be included as part of the formal transmittal of NCPC’s legislative proposal to Congress. (b) The requirements of this section shall not apply to legislation Congress directs NCPC to prepare. Subpart G—Dispute Resolution § 601.28 Dispute resolution. Any disputes arising under this part, shall be resolved, unless otherwise otherwise provided by law or regulation by the parties through interagency, good faith negotiations starting at the working levels of each agency, and if necessary, by elevating such disputes within the respective Agencies. If resolution at higher levels is unsuccessful, the parties may participate in mediation. § 601.29 [Reserved] Dated: September 21, 2017. Anne R. Schuyler, General Counsel. [FR Doc. 2017–20614 Filed 9–28–17; 8:45 am] BILLING CODE P COMMODITY FUTURES TRADING COMMISSION asabaliauskas on DSKBBXCHB2PROD with RULES § 601.26 Supplemental Environmental Impact Statement. 17 CFR Part 38 (a) The NCPC shall prepare a supplemental EIS if five or more years has elapsed since adoption of the EIS and: (1) There are substantial changes to the proposed action that are relevant to environmental concerns; or (2) There are significant new circumstances or information that are relevant to environmental concerns and RIN 3038–AE64 VerDate Sep<11>2014 16:55 Sep 28, 2017 Jkt 241001 Commission Delegated Authority Provisions for Designated Contract Markets’ System Safeguards Requirements Commodity Futures Trading Commission. ACTION: Final rule. AGENCY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 45433 The Commodity Futures Trading Commission (‘‘CFTC’’ or ‘‘Commission’’) is adopting final rules to establish a new delegation of authority to Commission staff under the Commission’s system safeguards rules to notify each designated contract market (‘‘DCM’’) of its percentage of the total annual trading volume among all DCMs regulated by the Commission for purposes of whether it is a covered DCM under the system safeguards rules. DATES: This rule is effective September 29, 2017. FOR FURTHER INFORMATION CONTACT: Rachel Berdansky, Deputy Director, 202–418–5429 or rberdansky@cftc.gov; David Steinberg, Associate Director, 202–418–5102 or dsteinberg@cftc.gov; David Taylor, Associate Director, 202– 418–5488 or dtaylor@cftc.gov, Division of Market Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1151 21st Street NW., Washington, DC 20581. SUPPLEMENTARY INFORMATION: SUMMARY: I. Delegation of Authority—Commission Regulation § 38.1051 Section 38.1051 of the Commission’s regulations, 17 CFR 38.1051, governs the system safeguards requirements for DCMs. Pursuant to § 38.1051(n), DCMs are required to provide the Commission with their annual total trading volume by January 31 each calendar year. Section 38.1051(n)(2) also requires the Commission to provide each DCM with their percentage of the combined annual total trading volume among all DCMs regulated by the Commission by February 28 each calendar year. This annual Commission notification informs each DCM whether it is a ‘‘covered DCM’’ as that term is defined in § 38.1051(h)(1). A covered DCM is a DCM whose annual trading volume in a given year is five percent or more of the combined annual trading volume of all DCMs regulated by the Commission. Covered DCMs are required to comply with enhanced requirements with respect to the frequency of cybersecurity testing and the use of independent contractors. The Commission is amending § 38.1051 by adding paragraph (n)(3) to delegate authority to the Director of the Division of Market Oversight and designated staff to notify DCMs of their annual trading volume percentage. II. Effective Date 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 E:\FR\FM\29SER1.SGM 29SER1 45434 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations Issued in Washington, DC, on September 26, 2017, by the Commission. Christopher J. Kirkpatrick, Secretary of the Commission. make this rulemaking effective upon publication in the Federal Register.1 III. 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.2 This rulemaking contains no collection of information for which the Commission is obligated to obtain a control number from OMB. Note: The following appendix will not appear in the Code of Federal Regulations. List of Subjects in 17 CFR Part 38 BILLING CODE 6351–01–P Commodity futures, Reporting and recordkeeping requirements. [Release Nos. 33–10413; 34–81592; 39– 2518; IC–32818] 1. The authority citation for part 38 continues to read as follows: ■ 2. In § 38.1051, add paragraph (n)(3) to read as follows: ■ General requirements. asabaliauskas on DSKBBXCHB2PROD with RULES * * * * (n) * * * (3) Delegation of authority. The Commission hereby delegates, until it orders otherwise, to the Director of the Division of Market Oversight or such other employee or employees as the Director may designate from time to time, the authority to provide each designated contract market with its percentage of the total annual trading volume of all designated contract markets regulated by the Commission, as set forth in paragraph (n)(2) of this section. The Director of the Division of Market Oversight may submit to the Commission for its consideration any matter that has been delegated pursuant to this section. Nothing in this section prohibits the Commission, at its election, from exercising the authority delegated in this section. U.S.C. 553(d). U.S.C. 3501 et seq. 2 44 VerDate Sep<11>2014 16:55 Sep 28, 2017 Jkt 241001 Adoption of Updated EDGAR Filer Manual Securities and Exchange Commission. ACTION: Final rule. AGENCY: Authority: 7 U.S.C. 1a, 2, 6, 6a, 6c, 6d, 6e, 6f, 6g, 6i, 6j, 6k, 6l, 6m, 6n, 7, 7a–2, 7b, 7b–1, 7b–3, 8, 9, 15, and 21, as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. 111–203, 124 Stat. 1376. 15 [FR Doc. 2017–20924 Filed 9–28–17; 8:45 am] 17 CFR Part 232 PART 38—DESIGNATED CONTRACT MARKETS * On this matter, Chairman Giancarlo and Commissioners Bowen, Quintenz, and Behnam voted in the affirmative. No Commissioner voted in the negative. SECURITIES AND EXCHANGE COMMISSION For the reasons stated in the preamble, the Commodity Futures Trading Commission amends 17 CFR part 38 as follows: § 38.1051 Appendix to Commission Delegated Authority Provisions for Designated Contract Markets’ System Safeguards Requirements—Commission Voting Summary The Securities and Exchange Commission (the ‘‘Commission’’) is adopting revisions to the Electronic Data Gathering, Analysis, and Retrieval System (‘‘EDGAR’’) Filer Manual and related rules to reflect updates to the EDGAR system. The EDGAR system is scheduled to be upgraded on September 11, 2017. DATES: Effective September 29, 2017, except that amendatory instruction 4 to § 232.301 is effective June 1, 2018. The incorporation by reference of the EDGAR Filer Manual is approved by the Director of the Federal Register as of September 29, 2017. FOR FURTHER INFORMATION CONTACT: In the Division of Investment Management, for questions concerning Forms N– PORT and N–CEN, contact Heather Fernandez at (202) 551–6708; in the Division of Corporation Finance, for questions concerning Forms S–1, S–3, S–4, S–8, S–11, F–1, F–3, F–4, 8–K, 10, 10–K, 10–Q, 20–F, and 40–F, contact Heather Mackintosh at (202) 551–8111; in the Office of Financial Management, for questions about negative account balances, contact Andrew Grimaldi at (202) 551–7304. SUPPLEMENTARY INFORMATION: We are adopting an updated EDGAR Filer Manual, Volume I and Volume II. The Filer Manual describes the technical SUMMARY: PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 formatting requirements for the preparation and submission of electronic filings through the EDGAR system.1 It also describes the requirements for filing using EDGARLink Online and the Online Forms/XML Web site. The revisions to the Filer Manual reflect changes within Volume I, entitled EDGAR Filer Manual, Volume I: ‘‘General Information,’’ Version 29 (September 2017), and Volume II, entitled EDGAR Filer Manual, Volume II: ‘‘EDGAR Filing,’’ Version 43 (September 2017). The updated manual will be incorporated by reference into the Code of Federal Regulations. The Filer Manual contains all the technical specifications for filers to submit filings using the EDGAR system. Filers must comply with the applicable provisions of the Filer Manual in order to assure the timely acceptance and processing of filings made in electronic format.2 Filers may consult the Filer Manual in conjunction with our rules governing mandated electronic filing when preparing documents for electronic submission.3 The EDGAR system will be upgraded to Release 17.3 on September 11, 2017, and will introduce the following changes: In Release No. 33–10231 (October 13, 2016) [81 FR 81870], the Commission adopted changes to the reporting requirements for investment companies. Among the changes was the adoption of Form N–PORT, which requires investment companies to report information about portfolio holdings monthly in a structured format. EDGAR Release 17.3 will provide a pilot program whereby filers may submit TEST versions of the following form types: • Public Monthly Portfolio Investments Report on Form N–PORT (NPORT–P). • Amended Public Monthly Portfolio Investments Report on Form N–PORT (NPORT–P/A). • Non-Public Monthly Portfolio Investments Report on Form N–PORT (NPORT–NP). • Amended Non-Public Monthly Portfolio Investments Report on Form N–PORT (NPORT–NP/A). 1 We originally adopted the Filer Manual on April 1, 1993, with an effective date of April 26, 1993. Release No. 33–6986 (April 1, 1993) [58 FR 18638]. We implemented the most recent update to the Filer Manual on July 17, 2017. See Release No. 33–10385 (July 6, 2017) [82 FR 35062]. 2 See Rule 301 of Regulation S–T (17 CFR 232.301). 3 See Release No. 33–10385 in which we implemented revisions to reflect EDGAR Release 17.2. For additional history of EDGAR Filer Manual revisions, please see the citations therein. E:\FR\FM\29SER1.SGM 29SER1

Agencies

[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Rules and Regulations]
[Pages 45433-45434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20924]


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COMMODITY FUTURES TRADING COMMISSION

17 CFR Part 38

RIN 3038-AE64


Commission Delegated Authority Provisions for Designated Contract 
Markets' System Safeguards Requirements

AGENCY: Commodity Futures Trading Commission.

ACTION: Final rule.

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SUMMARY: The Commodity Futures Trading Commission (``CFTC'' or 
``Commission'') is adopting final rules to establish a new delegation 
of authority to Commission staff under the Commission's system 
safeguards rules to notify each designated contract market (``DCM'') of 
its percentage of the total annual trading volume among all DCMs 
regulated by the Commission for purposes of whether it is a covered DCM 
under the system safeguards rules.

DATES: This rule is effective September 29, 2017.

FOR FURTHER INFORMATION CONTACT: Rachel Berdansky, Deputy Director, 
202-418-5429 or rberdansky@cftc.gov; David Steinberg, Associate 
Director, 202-418-5102 or dsteinberg@cftc.gov; David Taylor, Associate 
Director, 202-418-5488 or dtaylor@cftc.gov, Division of Market 
Oversight, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1151 21st Street NW., Washington, DC 20581.

SUPPLEMENTARY INFORMATION: 

I. Delegation of Authority--Commission Regulation Sec.  38.1051

    Section 38.1051 of the Commission's regulations, 17 CFR 38.1051, 
governs the system safeguards requirements for DCMs. Pursuant to Sec.  
38.1051(n), DCMs are required to provide the Commission with their 
annual total trading volume by January 31 each calendar year. Section 
38.1051(n)(2) also requires the Commission to provide each DCM with 
their percentage of the combined annual total trading volume among all 
DCMs regulated by the Commission by February 28 each calendar year. 
This annual Commission notification informs each DCM whether it is a 
``covered DCM'' as that term is defined in Sec.  38.1051(h)(1). A 
covered DCM is a DCM whose annual trading volume in a given year is 
five percent or more of the combined annual trading volume of all DCMs 
regulated by the Commission. Covered DCMs are required to comply with 
enhanced requirements with respect to the frequency of cybersecurity 
testing and the use of independent contractors. The Commission is 
amending Sec.  38.1051 by adding paragraph (n)(3) to delegate authority 
to the Director of the Division of Market Oversight and designated 
staff to notify DCMs of their annual trading volume percentage.

II. Effective Date

    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

[[Page 45434]]

make this rulemaking effective upon publication in the Federal 
Register.\1\
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    \1\ 5 U.S.C. 553(d).
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III. 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.\2\ This rulemaking contains no 
collection of information for which the Commission is obligated to 
obtain a control number from OMB.
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    \2\ 44 U.S.C. 3501 et seq.
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List of Subjects in 17 CFR Part 38

    Commodity futures, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, the Commodity Futures 
Trading Commission amends 17 CFR part 38 as follows:

PART 38--DESIGNATED CONTRACT MARKETS

0
1. The authority citation for part 38 continues to read as follows:

    Authority: 7 U.S.C. 1a, 2, 6, 6a, 6c, 6d, 6e, 6f, 6g, 6i, 6j, 
6k, 6l, 6m, 6n, 7, 7a-2, 7b, 7b-1, 7b-3, 8, 9, 15, and 21, as 
amended by the Dodd-Frank Wall Street Reform and Consumer Protection 
Act, Pub. L. 111-203, 124 Stat. 1376.


0
2. In Sec.  38.1051, add paragraph (n)(3) to read as follows:


Sec.  38.1051   General requirements.

* * * * *
    (n) * * *
    (3) Delegation of authority. The Commission hereby delegates, until 
it orders otherwise, to the Director of the Division of Market 
Oversight or such other employee or employees as the Director may 
designate from time to time, the authority to provide each designated 
contract market with its percentage of the total annual trading volume 
of all designated contract markets regulated by the Commission, as set 
forth in paragraph (n)(2) of this section. The Director of the Division 
of Market Oversight may submit to the Commission for its consideration 
any matter that has been delegated pursuant to this section. Nothing in 
this section prohibits the Commission, at its election, from exercising 
the authority delegated in this section.

    Issued in Washington, DC, on September 26, 2017, 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 Commission Delegated Authority Provisions for Designated 
Contract Markets' System Safeguards Requirements--Commission Voting 
Summary

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

[FR Doc. 2017-20924 Filed 9-28-17; 8:45 am]
BILLING CODE 6351-01-P