Incorporation of Changes in the Commission's Administrative Structure, Remove Superfluous Verbiage, and Correct Inaccurate Text, 71803-71821 [2024-18445]
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71803
Rules and Regulations
Federal Register
Vol. 89, No. 171
Wednesday, September 4, 2024
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 734, 740, 744, 746 and
774
[Docket No. 240610–0156]
RIN 0694–AJ67
Implementation of Additional
Sanctions Against Russia and Belarus
Under the Export Administration
Regulations (EAR) and Refinements to
Existing Controls
Correction
In rule document 2024–13148
beginning on page 51644 in the issue of
Tuesday, June 18, 2024, make the
following correction:
Supplement No. 5 to Part 744
[Corrected]
On page 51662, in Supplement No. 5
to Part 744, in the first column, in the
twentieth line, ‘‘Ö’’ should read ‘‘(e)’’.
■
[FR Doc. C1–2024–13148 Filed 9–3–24; 8:45 am]
BILLING CODE 0099–10–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Parts 1, 3, 5, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 20, 23, 30, 31, 37, 41,
43, 45, 46, 49, 140, 142, 144, 145, 146,
147, 148, 149, 150, 155, 160, 162, 165,
170, and 171
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RIN 3038–AF09
Incorporation of Changes in the
Commission’s Administrative
Structure, Remove Superfluous
Verbiage, and Correct Inaccurate Text
Commodity Futures Trading
Commission.
ACTION: Final rule.
AGENCY:
The agency’s Divisions and
Offices have been reorganized at the
Chairman’s direction, and with prior
SUMMARY:
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17:03 Sep 03, 2024
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notification to relevant congressional
committees. To ensure the CFR reflects
these changes, the Commodity Futures
Trading Commission (Commission or
CFTC) is voting to make technical
changes to various provisions within its
regulations in order to align with its
change in administrative structure,
remove superfluous verbiage, and
correct inaccurate text. In addition to
the administrative changes required due
to the realignment, the Commission is
adopting technical changes to ensure
consistency in reference to Commission
addresses, deleting references to
positions that have changed and
updating the positions to align with the
current Commission structure, correct
typographical errors, and other
technical changes.
DATES: These amendments are effective
on September 4, 2024.
FOR FURTHER INFORMATION CONTACT: Joan
Fina, Senior Assistant General Counsel,
Telephone: (202) 418–7621, Email:
jfina@cftc.gov, Office of the General
Counsel, Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581, or John Einstman, Deputy
General Counsel (General Law),
Telephone: (202) 418–5337, Email:
jeinstman@cftc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
An agency reorganization in
November 2020 realigned key functions
within the agency, including: (1)
creating a new Division of Data (DOD);
(2) reassigning the Executive Secretariat
Branch from the Office of the Executive
Director (OED) to the Office of the
General Counsel (OGC); and (3)
renaming and realigning the Division of
Swap Dealer and Intermediary
Oversight (DSIO) to the Market
Participants Division (MPD) and (4)
moving the Office of Customer
Education and Outreach (OCEO) to the
Office of Public Affairs.
Technology has dramatically altered
capital and commodity markets over the
past few decades, and technologically
induced innovations such as electronic
exchanges, high-frequency trading, and
exchange-traded funds have made
trading faster, cheaper, more integrated,
and increasingly complex. As a
financial regulator in an everincreasingly sophisticated market
environment, it is becoming more and
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more crucial that the CFTC continue to
focus on data and data reporting and
invest in technologies necessary to keep
pace with market innovation. Our
oversight responsibilities are becoming
highly data acquisitive and rely on the
effective use of information, including
through the use of algorithms and
analytics to more effectively manage
data to meet our regulatory objectives.
The DoD was created to address the
Commission’s growing data needs and
to position the agency to continue to
achieve its mission in accord with new
technologies.
There has been an unprecedented rise
in retail futures, options and digital
asset trading. As the agency evolves to
address changing markets and market
demographics, both the FinTech and
customer protection efforts the Office of
Customer Education and Outreach
(OCEO) were realigned within the Office
of Public Affairs.
DSIO is responsible primarily for
overseeing derivatives market
participants and market intermediaries,
including commodity pool operators,
commodity trading advisors, futures
commission merchants, introducing
brokers, retail foreign exchange dealers,
swap dealers, and major swap
participants, as well as designated selfregulatory organizations. By restyling
DSIO as MPD, the Division’s name will
more succinctly reflect the scope of its
responsibility regarding the Commission
registrants enumerated above.
The Commission’s legal compliance
groups that are responsible for records,
Freedom of Information Act, Sunshine
Act, privacy, and transparency were
divided between the Office of the
General Counsel and the Executive
Secretariat Branch in the Office of the
Executive Director. Moving the
Executive Secretariat Branch into the
Office of the General Counsel ensures
consistency through streamlining all
legal compliance programs into one
division.
In addition to the changes required
due to the realignment, the Commission
proposes technical changes to ensure
consistency in reference to addresses,
deletes references to positions that have
changed and updates the positions to
align with the current Commission
structure, correct typographical errors,
and other technical changes.
Section 2(a)(12) of the Commodity
Exchange Act authorizes the
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04SER1
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Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations
Commission to promulgate such rules
and regulations as it deems necessary to
govern the operating procedures and
conduct of business of the Commission.
The Commission is promulgating this
rule to reflect changes in its
administrative structure and to make
conforming technical changes to its
regulations.
II. Related Matters
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A. Administrative Procedure Act
The amendments to the Commission’s
regulations in this rulemaking do not
establish any new substantive or
legislative rules, but rather relate to the
restructuring of responsibilities within
the Commission, including amendments
changing the names of divisions and
offices that are affected by the
realignment and re-delegating authority
to newly formed divisions. The
amendments to the Commission’s
regulations relate solely to agency
management, organization, procedure,
and practice and provide technical
corrections of a minor and
administrative nature, such as technical
changes to ensure consistency in
reference to Commission addresses, to
delete references to positions that have
changed and to update the positions to
align with the current Commission
structure, correct typographical errors,
and other similar technical corrections.
Therefore, this rulemaking is excepted
from the public rulemaking provisions
of the Administrative Procedure Act.1
Additionally, an agency may issue a
new rule in some circumstances without
publication in the Federal Register of a
notice of proposed rulemaking with an
opportunity for comment if the agency
for ‘‘good cause’’ finds (and incorporates
the finding and a brief statement of the
reasons therefor in the rules issued) that
notice and public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest.2 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.3
1 5 U.S.C. 553(a) and (b). Rulemaking procedures
apply, except to the extent that there is involved (1)
a military or foreign affairs function of the United
States; or (2) a matter relating to agency
management or personnel or to public property,
loans, grants, benefits, or contracts.
2 5 U.S.C 553(b). Further, Section 553(d) of the
Administrative Procedure Act, 5 U.S.C. 553(d)
provides, in part, for publication of a rule not less
than 30 days before its effective date except as
otherwise provided by the agency for good cause
found and published with the rule.
3 Good cause exists as the final rule implements
changes that affect internal agency management,
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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.4
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 or any
other law.5 This rulemaking is excepted
from the public rulemaking provisions
of the Administrative Procedure Act.6
Accordingly, the Commission is not
required to conduct a regulatory
flexibility analysis for this rulemaking.
E. Congressional Review Act
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 of 1995 (Paperwork Reduction
Act).7 This final rule does not contain a
‘‘collection of information’’ as defined
in the Paperwork Reduction Act 8 and,
therefore, is not subject to the
requirements of the Paperwork
Reduction Act.
Commodity futures, Consumer
protection, Foreign currencies,
Reporting and recordkeeping
requirements, Securities, Trade
practices.
D. Cost-Benefit Considerations
Section 15(a) of the Commodity
Exchange Act provides that, before
promulgating a regulation under this
Act or issuing an order, the Commission
shall consider the costs and benefits of
the action of the Commission.9 These
rules govern internal agency
organization, procedure, and practice,
and therefore the Commission finds that
none of the considerations enumerated
in Section 15(a)(2) of the Commodity
Exchange Act are applicable to these
rules.10
Administrative practice and
procedure, Investigations.
This final rule is not a rule as defined
in the Congressional Review Act.11
List of Subjects
17 CFR Part 1
Banks, banking, Brokers, Commodity
futures, Consumer protection. Reporting
and recordkeeping requirements,
Savings associations, Swaps.
17 CFR Part 3
Administrative practice and
procedure, Commodity futures,
Reporting and recordkeeping
requirements.
17 CFR Part 5
17 CFR Part 9
Administrative practice and
procedure, Reporting and recordkeeping
requirements.
17 CFR Part 10
Administrative practice and
procedure, Authority delegations
(Government agencies), Swaps.
17 CFR Part 11
17 CFR Part 12
Administrative practice and
procedure, Consumer protection.
17 CFR Part 13
Administrative practice and
procedure.
17 CFR Part 14
Administrative practice and
procedure, Lawyers.
17 CFR Part 15
organization and procedure that do not require a
delayed effective date.
4 See 5 U.S.C. 601 et seq.
5 5 U.S.C. 601(2).
6 See supra notes 1 and 2.
7 See 44 U.S.C. 3501 et seq.
8 ‘‘Collection of information’’ is defined in 44
U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes
Agency requests or requirements that members of
the public submit reports, keep records, or provide
information to a third party.
9 7 U.S.C. 19(a).
10 Section 15(a)(2) of the Commodity Exchange
Act, 7 U.S.C. 19(a)(2), specifies that such costs and
benefits shall be evaluated in light of five broad
areas of market and public concern: Protection of
market participants and the public; efficiency,
competitiveness, and financial integrity of futures
markets; price discovery; sound risk management
practices; and other public interest considerations.
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Brokers, Reporting and recordkeeping
requirements.
17 CFR Part 16
Reporting and recordkeeping
requirements.
17 CFR Part 17
Brokers, Reporting and recordkeeping
requirements.
17 CFR Part 18
Reporting and recordkeeping
requirements.
11 See
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5 U.S.C. 801–808.
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Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations
17 CFR Part 20
17 CFR Part 140
Administrative practice and
procedure, Reporting and recordkeeping
requirements.
Authority delegations (Government
agencies), Organization and functions
(Government agencies).
17 CFR Part 23
17 CFR Part 142
Authority delegations (Government
agencies), Banks, banking, Foreign
banking, Foreign currencies, Freedom of
information, Investments, Reporting and
recordkeeping requirements, Securities,
Swaps, Trade practices.
17 CFR Part 30
Consumer protection, Fraud.
17 CFR Part 31
Administrative practice and
procedure, Government employees,
Investigations, Whistleblowing.
17 CFR Part 145
17 CFR Part 170
Conflicts of interest, Freedom of
information.
Authority delegations (Government
agencies), Commodity futures,
Reporting and recordkeeping
requirements.
17 CFR Part 171
Administrative practice and
procedure.
Sunshine Act.
17 CFR Part 148
17 CFR Part 41
Brokers, Reporting and recordkeeping
requirements, Securities.
Claims, Equal access to justice,
Lawyers.
PART 1—GENERAL REGULATIONS
UNDER THE COMMODITY EXCHANGE
ACT
17 CFR Part 149
■
Consumer protection, Reporting and
recordkeeping requirements, Swaps.
Administrative practice and
procedure, Civil rights, Equal
employment opportunity, Federal
buildings and facilities, Individuals
with disabilities.
17 CFR Part 45
17 CFR Part 150
17 CFR Part 43
Swaps.
17 CFR Part 155
Swaps.
Administrative practice and
procedure, Reporting and recordkeeping
requirements.
17 CFR Part 160
Administrative practice and
procedure, Brokers, Consumer
Section
Remove
1.12(g)(3) .............................
Director of the Division of Swap Dealer and Intermediary Oversight.
Director of the Division of Swap Dealer and Intermediary Oversight.
Director of the Division and Clearing and Intermediary
Oversight.
Director of the Division of Swap Dealer and Intermediary Oversight.
Director of the Division of Swap Dealer and Intermediary Oversight.
The written acknowledgement must be in the form as
set out in Appendix A to this part.
director of the Division of Swap Dealer and Intermediary Oversight.
director’s designees ........................................................
director of the Division of Swap Dealer and Intermediary Oversight.
director of the Division of Swap Dealer and Intermediary Oversight.
director of the Division of Clearing and Risk ..................
directors’ designees ........................................................
director of the Division of Swap Dealer and Intermediary Oversight.
director of the Division of Clearing and Risk ..................
directors’ designees ........................................................
1.17(c)(6)(ii)(A) .....................
1.17(c)(6)(ii)(C) .....................
1.17(c)(6)(ii)(D) .....................
1.17(c)(6)(iii)(B) ....................
1.20(d)(2) .............................
1.20(d)(3)(i) ..........................
1.20(d)(3)(i) ..........................
1.20(d)(3)(ii) .........................
1.20(d)(5) .............................
1.20(d)(5) .............................
1.20(d)(5) .............................
1.20(d)(6) .............................
1.20(d)(6) .............................
1.20(d)(6) .............................
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Authority: 7 U.S.C. 1a, 2, 5, 6, 6a, 6b, 6c,
6d, 6e, 6f, 6g, 6h, 6i, 6k, 6l, 6m, 6n, 6o, 6p,
6r, 6s, 7, 7a–1, 7a–2, 7b, 7b–3, 8, 9, 10a, 12,
12a, 12c, 13a, 13a–1, 16, 16a, 19, 21, 23, and
24 (2012).
2. For each section and paragraph
indicated in the left column of the
following table, remove the text in the
middle column from wherever it
appears in the section or paragraph, and
add in its place the text indicated in the
right column:
■
Brokers, Reporting and recordkeeping
requirements.
17 CFR Part 49
1. The authority citation for part 1
continues to read as follows:
§§ 1.12, 1.17, 1.20, 1.26, 1.35, 1.52, 1.65, 1.66,
1.70, and Appendix B [Amended]
Cotton, Grains.
17 CFR Part 46
Administrative practice and
procedure, Brokers, Privacy, Reporting
and recordkeeping requirements.
Administrative practice and
procedure, Courts, Government
employees.
17 CFR Part 147
Commodity futures, Reporting and
recordkeeping requirements, Swaps.
17 CFR Part 162
17 CFR Part 165
Privacy.
17 CFR Part 37
protection, Privacy, Reporting and
recordkeeping requirements.
17 CFR Part 144
17 CFR Part 146
Consumer protection, Currency,
Fraud, Gold, Reporting and
recordkeeping requirements, Silver.
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Claims, Government employees.
71805
Add
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Director of the Market Participants Division
Director of the Market Participants Division
Director of the Market Participants Division
Director of the Market Participants Division
Director of the Market Participants Division
The written acknowledgement must be in the form as
set out in Appendix A to § 1.20.
Director of the Market Participants Division
Director’s designees
Director of the Market Participants Division
Director of the Market Participants Division
Director of the Division of Clearing and Risk
Directors’ designees
Director of the Market Participants Division
Director of the Division of Clearing and Risk
Directors’ designees
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04SER1
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Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations
Section
Remove
Add
1.20(g)(4)(ii) .........................
The written acknowledgement must be in the form as
set out in appendix B to this part.
director of the Division of Swap Dealer and Intermediary Oversight.
director of the Division of Clearing and Risk ..................
directors’ designees ........................................................
director of the Division of Swap Dealer and Intermediary Oversight.
director of the Division of Clearing and Risk ..................
directors’ designees ........................................................
director of the Division of Swap Dealer and Intermediary Oversight.
director of the Division of Clearing and Risk ..................
directors’ designees ........................................................
director of the Division of Swap Dealer and Intermediary Oversight.
director of the Division of Clearing and Risk ..................
directors’ designees ........................................................
director of the Division of Swap Dealer and Intermediary Oversight.
director of the Division of Clearing and Risk ..................
directors’ designees ........................................................
Director of the Division of Swap Dealer and Intermediary Oversight.
Director may designate from time to time ......................
Division of Swap Dealer and Intermediary Oversight .....
Division of Swap Dealer and Intermediary Oversight .....
Division of Swap Dealer and Intermediary Oversight .....
Division of Swap Dealer and Intermediary Oversight .....
Division of Swap Dealer and Intermediary’s ...................
Division of Swap Dealer and Intermediary Oversight .....
Division of Swap Dealer and Intermediary Oversight .....
Division of Swap Dealer and Intermediary Oversight .....
Division of Swap Dealer and Intermediary Oversight .....
may designate from time to time, ...................................
Division of Swap Dealer and Intermediary Oversight .....
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC
20581.
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC
20581.
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC
20581.
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC
20581.
The written acknowledgement must be in the form as
set out in Appendix B to § 1.20.
Director of the Market Participants Division
1.20(g)(4)(iv) ........................
1.20(g)(4)(iv) ........................
1.20(g)(4)(iv) ........................
1.20, Appendix A .................
1.20, Appendix A .................
1.20, Appendix A .................
1.20, Appendix B .................
1.20, Appendix B .................
1.20, Appendix B .................
1.26, Appendix A .................
1.26, Appendix A .................
1.26, Appendix A .................
1.26, Appendix B .................
1.26, Appendix B .................
1.26, Appendix B .................
1.35(a)(9)(iii) .........................
1.35(a)(9)(iii) .........................
1.52(c)(2)(iii)(B) ....................
1.52(c)(2)(iii)(C) ....................
1.52(d)(2)(ii)(G)(2) ................
1.52(d)(2)(ii)(G)(3) ................
1.52(d)(2)(ii)(G)(3) ................
1.52(d)(2)(iii)(D) ....................
1.52(f)(2) ..............................
1.65(d) ..................................
1.65(e) ..................................
1.65(e) ..................................
1.66(b)(5)(ii) .........................
1.70(a)(2) .............................
1.70(b)(3) .............................
1.70(d) ..................................
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Appendix B to Part 1(c) .......
Director of the Division of Clearing and Risk
Directors’ designees
Director of the Market Participants Division
Director of the Division of Clearing and Risk
Directors’ designees
Director of the Market Participants Division
Director of the Division of Clearing and Risk
Directors’ designees
Director of the Market Participants Division
Director of the Division of Clearing and Risk
Directors’ designees
Director of the Market Participants Division
Director of the Division of Clearing and Risk
Directors’ designees
Director of the Market Participants Division
Director may designate
Market Participants Division
Market Participants Division
Market Participants Division
Market Participants Division
Market Participants Division’s
Market Participants Division
Market Participants Division
Market Participants Division
Market Participants Division
may designate,
Market Participants Division
at the Commission’s Washington, DC headquarters
at the Commission’s Washington, DC headquarters
at the Commission’s Washington, DC headquarters
at the Commission’s Washington, DC headquarters
PART 3—REGISTRATION
6m, 6n, 6o, 6p, 6s, 8, 9, 9a, 12, 12a, 13b, 13c,
16a, 18, 19, 21, and 23.
■
3. The authority citation for part 3
continues to read as follows:
§§ 3.3, 3.22, 3.33, 3.50, 3.55, 3.56, 3.63, 3.70,
3.75, and Appendix A [Amended]
Authority: 5 U.S.C. 552, 552b; 7 U.S.C. 1a,
2, 6a, 6b, 6b–1, 6c, 6d, 6e, 6f, 6g, 6h, 6i, 6k,
■
4. For each section and paragraph
indicated in the left column of the
Section
Remove
3.3(h) ....................................
3.3(h) ....................................
3.22 ......................................
3.33(e) ..................................
3.33(e) ..................................
Division of Swap Dealer and Intermediary Oversight .....
Director may designate from time to time ......................
Division of Swap Dealer and Intermediary Oversight .....
Division of Swap Dealer and Intermediary Oversight .....
Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581.
Division of Swap Dealer and Intermediary Oversight .....
at the Commission’s Washington, DC office, Three Lafayette Centre, 1155 21st Street, NW., Washington,
DC 20581.
Division of Swap Dealer and Intermediary Oversight .....
Division of Swap Dealer and Intermediary Oversight .....
3.50(c) ..................................
3.50(c) ..................................
3.50(d) ..................................
3.55(e)(2) .............................
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17:03 Sep 03, 2024
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Frm 00004
following table, remove the text in the
middle column from wherever it
appears in the section or paragraph, and
add in its place the text indicated in the
right column:
Add
Fmt 4700
Sfmt 4700
Market Participants Division
Director may designate
Market Participants Division
Market Participants Division
at the Commission’s Washington, DC headquarters
Market Participants Division
at the Commission’s Washington, DC headquarters
Market Participants Division
Market Participants Division
E:\FR\FM\04SER1.SGM
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Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations
Section
Remove
Add
3.56(e)(2) .............................
3.63 ......................................
3.70(a) ..................................
3.70(a) ..................................
3.70(a) ..................................
Division of Swap Dealer and Intermediary Oversight .....
Division of Swap Dealer and Intermediary Oversight .....
Division of Swap Dealer and Intermediary Oversight .....
Washington, DC office ....................................................
(Attn: Deputy Director, Registration and Compliance
Branch, Division of Swap Dealer and Intermediary
Oversight Three Lafayette Centre, 1155 21st Street,
NW., Washington, DC 20581).
Division of Swap Dealer and Intermediary Oversight .....
has been delegated to him .............................................
from the Contract Markets Section of the Commission’s
Division of Swap Dealer and Intermediary Oversight.
Market Participants Division
Market Participants Division
Market Participants Division
Washington, DC headquarters
(Attn: Deputy Director, Registration and Compliance
Branch, Market Participants Division).
3.75(a) ..................................
3.75(a) ..................................
Appendix A to Part 3, Footnote 2.
Market Participants Division
has been delegated to them
Commission staff
PART 5—OFF-EXCHANGE FOREIGN
CURRENCY TRANSACTIONS
Authority: 7 U.S.C. 1a, 2, 6, 6a, 6b, 6c, 6d,
6e, 6f, 6g, 6h, 6i, 6k, 6m, 6n, 6o, 8, 9, 9a, 12,
12a, 13b, 13c, 16a, 18, 19, 21, and 23.
5. The authority citation for part 5
continues to read as follows:
§§ 5.6, 5.20, and 5.23
■
[Amended]
6. For each section and paragraph
indicated in the left column of the
■
Section
Remove
5.6(f)(3) ................................
5.6(h) ....................................
5.6(h) ....................................
5.20(d) (heading) .................
5.20(d) ..................................
5.23(f) ...................................
5.23(f) ...................................
5.23(f) ...................................
Division of Swap Dealer and Intermediary Oversight .....
Division of Swap Dealer and Intermediary Oversight .....
at the Commission’s principal office in Washington, DC
Division of Swap Dealer and Intermediary Oversight .....
Division of Swap Dealer and Intermediary Oversight .....
Deputy Director, Registration and Compliance Section
Division of Swap Dealer and Intermediary Oversight .....
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC
20581.
following table, remove the text in the
middle column from wherever it
appears in the section or paragraph, and
add in its place the text indicated in the
right column:
Add
Market Participants Division
Market Participants Division
at the Commission’s Washington, DC headquarters
Market Participants Division
Market Participants Division
Deputy Director, Registration and Compliance Branch
Market Participants Division
at the Commission’s Washington, DC headquarters
PART 9—RULES RELATING TO
REVIEW OF EXCHANGE
DISCIPLINARY, ACCESS DENIAL OR
OTHER ADVERSE ACTIONS
Authority: 7 U.S.C. 1a, 2, 6b–1, 6c, 7, 7a–
2, 7b–3, 8, 9, 9a, 12, 12a, 12c, 13b, 16a, 18,
19, and 21.
7. The authority citation for part 9
continues to read as follows:
■
§§ 9.2, 9.4, 9.26, and 9.31
[Amended]
8. For each section and paragraph
indicated in the left column of the
■
following table, remove the text in the
middle column from wherever it
appears in the section or paragraph, and
add in its place the text indicated in the
right column:
Section
Remove
Add
9.2(h) ....................................
Division of Swap Dealer and Intermediary Oversight
and Division of Clearing and Risk.
or by mail to: Proceedings Clerk, Office of Proceedings,
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW, Washington,
DC 20581.
Division of Market Oversight and/or the Division of
Swap Dealer and Intermediary Oversight and Division of Clearing and Risk.
Division of Swap Dealer and Intermediary Oversight .....
Market Participants Division and/or the Division of
Clearing and Risk
or by mail to the Proceedings Clerk, Office of Proceedings at the Commission’s Washington, DC headquarters
9.4(a) ....................................
9.26 ......................................
9.31(a) ..................................
PART 10—RULES OF PRACTICE
§§ 10.2, 10.4, 10.10, 10.12, and 10.106
[Amended]
9. The authority citation in part 10
continues to read as follows:
■
■
ddrumheller on DSK120RN23PROD with RULES1
71807
Authority: Pub. L. 93–463, sec. 101(a)(11),
88 Stat. 1391; 7 U.S.C. 2(a)(12).
Division of Market Oversight, Market Participants Division, and the Division of Clearing and Risk
Market Participants Division
10. For each section and paragraph
indicated in the left column of the
following table, remove the text in the
middle column from wherever it
appears in the section or paragraph, and
add in its place the text indicated in the
right column:
Section
Remove
Add
10.2(i) ...................................
that member of the Commission’s staff designated as
such in the Commission’s Office of Proceedings.
any member of the Commission’s staff designated as
such by the Director of the Office of Proceedings
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Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations
Section
Remove
10.4 ......................................
Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581.
Deputy General Counsel for Opinions and Review ........
10.10(a)(1)(iii) .......................
10.10(a)(1)(iii) .......................
10.12(d)(1) ...........................
10.106(b)(3) .........................
Office of General Counsel ..............................................
to Proceedings Clerk, Office of Proceedings, Three Lafayette Centre, 1155 21st Street, NW., Washington,
DC 20581.
Nothwithstanding .............................................................
the Commission’s Washington, DC headquarters
Deputy General Counsel for Litigation, Enforcement,
and Adjudication
Office of the General Counsel
to the Proceedings Clerk, Office of Proceedings at the
Commission’s Washington, DC headquarters
Notwithstanding
Authority: 7 U.S.C. 4a(j), 9, 12, 12a(5) and
15.
PART 11—RULES RELATED TO
INVESTIGATIONS
§§ 11.2 and 11.7 and Appendix A
[Amended]
11. The authority citation for part 11
continues to read as follows:
■
12. For each section and paragraph
indicated in the left column of the
■
following table, remove the text in the
middle column from wherever it
appears in the section or paragraph, and
add in its place the text indicated in the
right column:
11.2(b)
Program Coordinator
Principal Deputy Director
11.2(b) ..................................
11.7(a) ..................................
11.7(a) ..................................
Regional Counsel ............................................................
Program Coordinator .......................................................
Regional Counsel of the Division of Enforcement, or a
Regional Director of the Commission.
Program Coordinator .......................................................
Regional Counsel of the Division, or a Regional Director of the Commission.
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC
20581.
Deputy Regional Counsel
Principal Deputy Director
Deputy Regional Counsel of the Division of Enforcement
Principal Deputy Director
Deputy Regional Counsel of the Division of Enforcement
at the Commission’s Washington, DC headquarters
Appendix A ...........................
Appendix A ...........................
Appendix A ...........................
Authority: 7 U.S.C. 2(a)(12), 12a(5), and 18.
PART 12—RULES RELATING TO
REPARATIONS
§§ 12.2, 12.11, 12.13, 12.18, and 12.407
[Amended]
13. The authority citation for part 12
continues to read as follows:
■
14. For each section and paragraph
indicated in the left column of the
■
Section
Remove
12.3 ......................................
Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581.
Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581.
Statisfaction .....................................................................
12.11(f) .................................
12.407(c)(1) ..........................
15. Section 12.2 is amended by
revising the definition of ‘‘Proceedings
Clerk.’’ The addition and revision read
as follows:
■
§ 12.2
Definitions.
*
ddrumheller on DSK120RN23PROD with RULES1
Add
*
*
*
*
Proceedings Clerk means any member
of the Commission’s staff designated as
such by the Director of the Office of
Proceedings;
*
*
*
*
*
■ 16. In § 12.13, paragraph (b)(3) is
revised to read as follows:
§ 12.13
Complaint; election of procedure.
*
*
*
*
*
(b) * * *
(3) Time and place of filing of
complaint. A complaint shall be filed by
VerDate Sep<11>2014
17:03 Sep 03, 2024
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Add
the Commission’s Washington, DC headquarters.
at the Commission’s Washington, DC headquarters
Satisfaction
delivering a copy thereof, in proper
form to the Office of Proceedings at the
Commission’s Washington, DC
headquarters. The complaint may be
filed in person, during normal business
hours, or by certified mail, or registered
mail with return receipt requested. The
complaint shall not be served on any
person or party named therein. Upon
the filing of the complaint and the
appropriate filing fee, the Proceedings
Clerk shall assign a docket number to
the matter and shall maintain the
official docket.
*
*
*
*
*
17. In § 12.18, paragraph (e) is revised
to read as follows:
■
PO 00000
following table, remove the text in the
middle column from wherever it
appears in the section or paragraph, and
add in its place the text indicated in the
right column:
§ 12.18
Answer; election of procedure.
*
*
*
*
*
(e) Time and place of filing an
answer. An answer shall be filed by
delivering a copy thereof, in proper
form to the Office of Proceedings at the
Commission’s Washington, DC
headquarters. The answer may be filed
in person, during normal business
hours, or by certified mail, or registered
mail with return receipt requested.
PART 13—PROCEDURES FOR
PETITIONS OF RULEMAKING
18. The authority citation for part 13
continues to read as follows:
■
Authority: 7 U.S.C. 2(a)(12).
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Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations
§ 13.1
[Amended]
19. In § 13.1, remove ‘‘Commodity
Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581’’ and add ‘‘at the
Commission’s Washington, DC
headquarters’’ in its place.
■
PART 14—RULES RELATING TO
SUSPENSION OR DISBARMENT FROM
APPEARANCE AND PRACTICE
Authority: Pub. L. 93–463, sec. 101(a)(11),
88 Stat. 1391, 7 U.S.C. 4a(j).
§ 14.9
[Amended]
21. In § 14.9, remove ‘‘at Three
Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581’’ and add ‘‘at the
Commission’s Washington, DC
headquarters’’ in its place.
■
PART 15—REPORTS—GENERAL
PROVISIONS
22. The authority citation for part 15
continues to read as follows:
20. The authority citation for part 14
continues to read as follows:
■
■
Section
Remove
15.05(d) ................................
at Three Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581.
at Three Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581.
at Three Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581.
Director of the Division of Market Oversight, to be exercised by such Director or by such other employee or
employees of such Director as designated from time
to time by the Director.
15.05(g) ................................
15.05(i)(2) .............................
15.06(a) ................................
§§ 15.05 and 15.06
23. For each section and paragraph
indicated in the left column of the
following table, remove the text in the
middle column from wherever it
appears in the section or paragraph, and
add in its place the text indicated in the
right column:
■
at the Commission’s Washington, DC headquarters
at the Commission’s Washington, DC headquarters
Director of the Division of Data, to be exercised by
such Director or by such other employee or employees of such Director as designated, and in consultation with the Director of the Division of Market Oversight
24. The authority citation for part 16
continues to read as follows:
■
[Amended]
25. For each paragraph indicated in
the left column of the following table,
remove the text in the middle column
from wherever it appears in the section
or paragraph, and add in its place the
text indicated in the right column:
Section
Remove
Add
16.07 (section heading) .......
16.07(a) ................................
16.07(a) ................................
16.07(a) ................................
16.07(a) ................................
Office of Data and Technology .......................................
Office of Data and Technology .......................................
designate from time to time ............................................
designated from time to time ..........................................
paragraph (d) of this section to the Director of the Division of Market Oversight,
to, with the concurrence of the Director of the Division
of Market Oversight or the Director’s delegate, determine.
to, with the concurrence of the Director of the Division
of Market Oversight or the Director’s delegate, approve.
Division of Data
Division of Data
designate
designated
paragraph (d) of this section to the Director of the Division of Data,
to determine
16.07(b) ................................
16.07(c) ................................
PART 17—REPORTS BY REPORTING
MARKETS, FUTURES COMMISSION
MERCHANTS, CLEARING MEMBERS,
AND FOREIGN BROKERS
to approve
Authority: 7 U.S.C. 2, 6a, 6c, 6d, 6f, 6g, 6i,
6t, 7, 7a, and 12a.
§ 17.03
[Amended]
from wherever it appears in the section
or paragraph, and add in its place the
text indicated in the right column:
27. For each paragraph indicated in
the left column of the following table,
remove the text in the middle column
■
26. The authority citation for part 17
continues to read as follows:
■
ddrumheller on DSK120RN23PROD with RULES1
[Amended]
at the Commission’s Washington, DC headquarters
Authority: 7 U.S.C. 2, 6a, 6c, 6g, 6i, 7, and
7b–3.
■
Authority: 7 U.S.C. 2, 5, 6a, 6c, 6f, 6g, 6i,
6k, 6m, 6n, 7, 7a, 9, 12a, 19, and 21, as
amended by Title VII of the Dodd-Frank Wall
Street Reform and Consumer Protection Act,
Pub. L. 111–203, 124 Stat. 1376 (2010).
Add
PART 16—REPORTS BY CONTRACT
MARKETS AND SWAP EXECUTION
FACILITIES
§ 16.07
71809
Section
Remove
17.03 (section heading) .......
17.03 introductory text .........
17.03 introductory text .........
17.03(a) ................................
17.03(b) ................................
17.03(c) ................................
17.03(d) ................................
17.03(e) ................................
Office of Data and Technology .......................................
Office of Data and Technology .......................................
designated from time to time ..........................................
Office of Data and Technology .......................................
Office of Data and Technology .......................................
Office of Data and Technology .......................................
Office of Data and Technology .......................................
Office of Data and Technology .......................................
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Division of Data
Division of Data
designated
Division of Data
Division of Data
Division of Data
Division of Data
Division of Data
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Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations
Section
Remove
17.03(e) ................................
17.03(f) .................................
17.03(f) .................................
17.03(g) ................................
17.03(h) ................................
17.03(i) .................................
designate from time to time, ...........................................
Office of Data and Technology .......................................
designate from time to time, ...........................................
Division of Market Oversight ...........................................
Division of Market Oversight ...........................................
Director of the Office of Data and Technology ...............
designate,
Division of
designate,
Division of
Division of
Director of
PART 18—REPORTS BY TRADERS
Authority: 7 U.S.C. 2, 4, 5, 6a, 6c, 6f, 6g,
6i, 6k, 6m, 6n, 6t, 12a, and 19.
28. The authority citation for part 18
continues to read as follows:
§ 18.03
■
18.03(a)
18.03(b)
18.03(b)
18.03(c)
................................
................................
................................
................................
[Amended]
29. For each paragraph indicated in
the left column of the following table,
■
Section
Data
Data
Data
the Division of Data
remove the text in the middle column
from wherever it appears in the section
or paragraph, and add in its place the
text indicated in the right column:
Remove
Add
designate from time to time. ...........................................
designate from time to time. ...........................................
Office of Data and Technology .......................................
Office of Data and Technology .......................................
designate.
designate.
Division of Data
Division of Data
PART 20—LARGE TRADER
REPORTING FOR PHYSICAL
COMMODITY SWAPS
Authority: 7 U.S.C. 1a, 2, 5, 6, 6a, 6c, 6f,
6g, 6t, 12a, 19.
30. The authority citation for part 20
continues to read as follows:
■
§ 20.8
[Amended]
31. For each paragraph indicated in
the left column of the following table,
■
remove the text in the middle column
from wherever it appears in the section
or paragraph, and add in its place the
text indicated in the right column:
Section
Remove
Add
20.8(a) ..................................
20.8(b) ..................................
designate from time to time, ...........................................
Director of the Division of Market Oversight ...................
20.8(b)
20.8(c)
20.8(c)
20.8(d)
designate from time to time, ...........................................
designate from time to time, ...........................................
Office of Data and Technology .......................................
Office of Data and Technology, with the concurrence of
the Director of the Division of Market Oversight, or
such other employee or employees as the Directors
each may designate from time to time.
Office of Data and Technology .......................................
designate,
Director of the Division of Data, in consultation with the
Director of the Division of Market Oversight
designate,
designate,
Division of Data
Division of Data, or such other employee or employees
as the Director may designate
..................................
..................................
..................................
..................................
20.8(e) ..................................
32. The authority citation for part 23
continues to read as follows:
■
§§ 23.23, 23.102, 23.160 and 23.206
[Amended]
Authority: 7 U.S.C. 1a, 2, 6, 6a, 6b, 6b–1,
6c, 6p, 6r, 6s, 6t, 9, 9a, 12, 12a, 13b, 13c, 16a,
18, 19, 21.
VerDate Sep<11>2014
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following table, remove the text in the
middle column from wherever it
appears in the section or paragraph, and
add in its place the text indicated in the
right column:
33. For each section and paragraph
indicated in the left column of the
■
Section
23.23(g)(8) ...........................
23.23(g)(8) ...........................
23.102(e)(3) .........................
23.160(c)(7) ..........................
23.160(c)(7) ..........................
23.206 (section heading) .....
23.206(a) ..............................
23.206(a) ..............................
23.206(b) ..............................
Division of Data
Section 23.160 also issued under 7 U.S.C.
2(i); Sec. 721(b), Pub. L. 111–203, 124 Stat.
1641 (2010).
PART 23—SWAP DEALERS AND
MAJOR SWAP PARTICIPANTS
ddrumheller on DSK120RN23PROD with RULES1
Add
Remove
Division of Swap Dealer and
designate from time to time,
Division of Swap Dealer and
Division of Swap Dealer and
designate from time to time,
Division of Swap Dealer and
Division of Swap Dealer and
designate from time to time,
Division of Swap Dealer and
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Add
Intermediary Oversight .....
...........................................
Intermediary Oversight .....
Intermediary Oversight .....
...........................................
Intermediary Oversight .....
Intermediary Oversight .....
...........................................
Intermediary Oversight .....
Frm 00008
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Market Participants
designate,
Market Participants
Market Participants
designate,
Market Participants
Market Participants
designate,
Market Participants
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Division
Division
Division
Division
Division
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PART 30—FOREIGN FUTURES AND
FOREIGN OPTIONS TRANSACTIONS
34. The authority citation for part 30
continues to read as follows:
■
Authority: 7 U.S.C. 1a, 2, 6, 6c, and 12a,
unless otherwise noted.
§§ 30.7 and 30.13 and Appendix E and F
[Amended]
35. For each section and paragraph
indicated in the left column of the
■
Section
Remove
30.7(d)(3)(i) ..........................
director of the Division of Swap Dealer and Intermediary Oversight.
director’s designees ........................................................
director of the Division of Swap Dealer and Intermediary Oversight.
director’s designees ........................................................
director of the Division of Swap Dealer and Intermediary Oversight.
director of the Division of Clearing and Risk ..................
directors’ designees ........................................................
director of the Division of Swap Dealer and Intermediary Oversight.
director of the Division of Clearing and Risk ..................
directors’ designees ........................................................
Office of General Counsel ..............................................
Office of General Counsel ..............................................
Director of Market Oversight or his designee, ................
30.7(d)(3)(i) ..........................
30.7(d)(3)(ii) .........................
30.7(d)(3)(ii) .........................
30.7(d)(5) .............................
30.7(d)(5) .............................
30.7(d)(5) .............................
30.7(d)(6) .............................
30.7(d)(6) .............................
30.7(d)(6) .............................
30.13(f)(1) ............................
30.13(n) ................................
30.13(o) ................................
30.13(o) ................................
Appendix E ...........................
Appendix E ...........................
Appendix E ...........................
Appendix F ...........................
Appendix F ...........................
Appendix F ...........................
Add
the General Counsel or his designee .............................
director of the Division of Swap Dealer and Intermediary Oversight.
director of the Division of Clearing and Risk ..................
directors’ designees ........................................................
director of the Division of Swap Dealer and Intermediary Oversight.
director of the Division of Clearing and Risk ..................
directors’ designees ........................................................
Director of the Market Participants Division
Director’s designees
Director of the Market Participants Division
Director’s designees
Director of the Market Participants Division
Director of the Division of Clearing and Risk
Directors’ designees
Director of the Market Participants Division
Director of the Division of Clearing and Risk
Directors’ designees
Office of the General Counsel
Office of the General Counsel
Director of the Division of Market Oversight or their
designee,
the General Counsel or their designee
Director of the Market Participants Division
Director of the Division of Clearing and Risk
Directors’ designees
Director of the Market Participants Division
Director of the Division of Clearing and Risk
Directors’ designees
§ 31.13 Financial reports of leverage
transaction merchants.
PART 31—LEVERAGE
TRANSACTIONS
*
36. The authority citation for part 31
continues to read as follows:
■
Authority: 7 U.S.C. 12a and 23, unless
otherwise noted.
37. In § 31.13, revise paragraph (n)
and the undesignated text following
paragraph (n)(1) to read as follows:
■
*
*
*
*
(n) * * *
(1) Until such time as the Commission
orders, otherwise, the Commission
hereby delegates to the Director of the
Market Participants Division or their
designee the authority to perform all
functions reserved to the Commission in
this section.
(2) The Director of the Market
Participants Division may submit to the
Commission for its consideration any
matter which has been delegated to
them pursuant to paragraph (n)(1) of
this section.
§§ 31.14, 31.28 and Appendix A
[Amended]
38. For each section and paragraph
indicated in the left column of the
following table, remove the text in the
middle column from wherever it
appears in the section or paragraph, and
add in its place the text indicated in the
right column:
■
Section
Remove
Add
31.14(a) ................................
31.28(j) .................................
Division of Swap Dealer and Intermediary Oversight .....
give telegraphic notice of that event to the principal office of the Commission in Washington, DC.
attention of the Office of the Secretariat, Commodity
Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581.
Market Participants Division
give electronic notice of that event to MPDAlerts@
cftc.gov
Commission at its Washington, DC headquarters, Attn:
Financial Management Branch
Appendix A ...........................
ddrumheller on DSK120RN23PROD with RULES1
following table, remove the text in the
middle column from wherever it
appears in the section or paragraph, and
add in its place the text indicated in the
right column:
PART 37—SWAP EXECUTION
FACILITIES
39. The authority citation for part 37
continues to read as follows:
■
Authority: 7 U.S.C. 1a, 2, 5, 6, 6c, 7, 7a–
2, 7b–3, and 12a, as amended by Titles VII
and VIII of the Dodd-Frank Wall Street
VerDate Sep<11>2014
17:03 Sep 03, 2024
Jkt 262001
Reform and Consumer Protection Act, Pub. L.
111–203, 124 Stat. 1376.
§ 37.3
[Amended]
Frm 00009
Fmt 4700
41. The authority citation for part 41
continues to read as follows:
■
40. In § 37.3(h), remove ‘‘General
Counsel’s delegate’’ and add ‘‘General
Counsel’s designee’’ in its place.
■
PO 00000
PART 41—SECURITY FUTURES
PROJECTS
Sfmt 4700
Authority: Sections 206, 251 and 252, Pub.
L. 106–554, 114 Stat. 2763, 7 U.S.C. 1a, 2, 6f,
6j, 7a–2, 12a; 15 U.S.C. 78g(c)(2).
E:\FR\FM\04SER1.SGM
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Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations
§ 43.3 Method and timing for real-time
public reporting.
42. Amend § 41.3 by revising
paragraph (d) to read as follows:
■
§ 41.3 Application for an exemptive order
pursuant to section 4f(a)(4)(B) of the Act.
*
*
*
*
*
(d) An application for an order must
be submitted to the Director of the
Market Participants Division, at the
Commission’s Washington, DC
headquarters if in paper form, or to
MPDletters@cftc.gov if submitted via
electronic mail.
*
*
*
*
*
PART 43—REAL-TIME PUBLIC
REPORTING
43. The authority citation for part 43
continues to read as follows:
■
Authority: 7 U.S.C. 2(a), 12a(5) and 24a, as
amended by Pub. L. 111–203, 124 Stat. 1376
(2010).
44. In § 43.3, revise paragraph (e)(1)(ii)
to read as follows:
■
*
*
*
*
(e) * * *
(1) * * *
(ii) Notification of failure to timely
correct. If the swap execution facility,
designated contract market, or reporting
counterparty will, for any reason, fail to
timely correct an error, the swap
execution facility, designated contract
market, or reporting counterparty shall
notify the Director of the Division of
Data, or such other employee or
employees of the Commission as the
Director may designate. The notification
shall be in the form and manner, and
according to the instructions, specified
by the Director of the Division of Data
in concurrence with the Director of the
Division of Market Oversight, or such
other employee or employees of the
Commission as the respective Director
may designate. Unless otherwise
instructed by the Director of the
Section
Remove
43.7(a) ..................................
43.7(a) ..................................
43.7(b) ..................................
the Director of the Division of Market Oversight ............
designate from time to time ............................................
The Director of the Division of Market Oversight may ...
PART 45—SWAP DATA
RECORDKEEPING AND REPORTING
REQUIREMENTS
46. The authority citation for part 45
continues to read as follows:
■
Authority: 7 U.S.C. 6r, 7, 7a–1, 7b–3, 12a,
and 24a, as amended by Title VII of the Wall
Street Reform and Consumer Protection Act
of 2010, Pub. L. 111–203, 124 Stat. 1376
(2010), unless otherwise noted.
47. In § 43.14, revise paragraph
(a)(1)(ii) to read as follows:
■
§§ 45.14 Correcting errors in swap data
and verification of swap data accuracy.
ddrumheller on DSK120RN23PROD with RULES1
*
(a) * * *
(1) * * *
(ii) Notification of failure to timely
correct. If the swap execution facility,
designated contract market, or reporting
counterparty will, for any reason, fail to
timely correct an error, the swap
execution facility, designated contract
market, or reporting counterparty shall
notify the Director of the Division of
Data, or such other employee or
employees of the Commission as the
Director may designate. The notification
shall be in the form and manner, and
according to the instructions, specified
by the Director of the Division of Data
in concurrence with the Director of the
Division of Market Oversight, or such
other employee or employees of the
Commission as the respective Director
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17:03 Sep 03, 2024
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Delegation of authority.
Frm 00010
[Amended]
45. For each paragraph indicated in
the left column of the following table,
remove the text in the middle column
from wherever it appears in the section
or paragraph, and add in its place the
text indicated in the right column:
■
the Director of the Division of Data
designate
The Director of the Division of Data may
(a) Delegation of authority to the
Director of the Division of Data. The
Commission hereby delegates to its
Director of the Division of Data, until
the Commission orders otherwise, the
authority set forth in paragraph (a) of
this section, to be exercised by the
Director of the Division of Data or by
such other employee or employees of
the Commission as may be designated
by the Director of the Division of Data.
The Director of the Division of Data may
submit to the Commission for its
consideration any matter which has
been delegated in this paragraph.
PO 00000
§ 43.7
Add
may designate. Unless otherwise
instructed by the Director of the
Division of, the notification shall
include an initial assessment of the
scope of the error or errors that were
discovered, and shall include any initial
remediation plan for correcting the error
or errors, if an initial remediation plan
exists. This notification shall be made
within 12 hours of the swap execution
facility’s, designated contract market’s,
or reporting counterparty’s
determination that it will fail to timely
correct the error.
*
*
*
*
*
■ 48. In § 43.15, revise paragraphs (a)
introductory text, (a)(4), (b) introductory
text, and (b)(4) to read as follows:
§ 45.15
Division of Data, or such other
employee or employees of the
Commission as the Director may
designate from time to time, the
notification shall include an initial
assessment of the scope of the error or
errors that were discovered, and shall
include any initial remediation plan for
correcting the error or errors, if an initial
remediation plan exists. This
notification shall be made within 12
hours of the swap execution facility’s,
designated contract market’s, or
reporting counterparty’s determination
that it will fail to timely correct the
error.
*
*
*
*
*
Fmt 4700
Sfmt 4700
Nothing in this paragraph prohibits the
Commission, at its election, from
exercising the authority delegated in
this paragraph. The authority delegated
to the Director of the Division of Data by
this paragraph (a) shall include:
*
*
*
*
*
(4) The Director of the Division of
Data shall publish in the Federal
Register and on the website of the
Commission the format, data schema,
electronic data transmission methods
and procedures, and dates and times for
reporting acceptable to the Commission
with respect to swap data reporting
pursuant to § 45.11.
(b) Delegation of authority to the
Director of the Division of Data. The
Commission hereby delegates to the
Director of the Division of Data, until
the Commission orders otherwise, the
authority set forth in § 45.13(a)(1), to be
exercised by the Director of the Division
of Data or by such other employee or
employees of the Commission as may be
designated by the Director of the
Division of Data. The Director of the
Division of Data may submit to the
Commission for its consideration any
matter which has been delegated
pursuant to this paragraph. Nothing in
this paragraph prohibits the
Commission, at its election, from
exercising the authority delegated in
this paragraph. The authority delegated
E:\FR\FM\04SER1.SGM
04SER1
Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations
to the Director of the Division of Data by
this paragraph (b) shall include:
*
*
*
*
*
(4) The Director of the Division of
Data shall publish from time to time in
the Federal Register and on the website
of the Commission the technical
specifications for swap data reporting
pursuant to § 45.13(a)(1).
exercising the authority delegated in
this paragraph. The authority delegated
to the Director of the Division of Data by
paragraph (c) of this section shall
include:
*
*
*
*
*
PART 46—SWAP DATA
RECORDKEEPING AND REPORTING
REQUIREMENTS: PRE-ENACTMENT
AND TRANSITION SWAPS
■
51. The authority citation for part 49
continues to read as follows:
Authority: 7 U.S.C. 1a, 2(a), 6r, 12a, and
24a, as amended by Title VII of the Wall
Street Reform and Consumer Protection Act
of 2010, Pub. L. 111–203, 124 Stat. 1376 (Jul.
21, 2010), unless otherwise noted.
49. The authority citation for part 46
continues to read as follows:
■
Authority: Title VII, sections 723 and 729,
Pub. L. 111–203, 124 Stat. 1738.
50. Amend § 46.8 by:
a. Revising paragraph (c) introductory
text; and
■ b. In paragraph (d), removing the term
‘‘Chief Information Officer’’ and adding,
in its place, the term, ‘‘Director of the
Division of Data’’.
The revision reads as follows:
■
■
§ 46.8 Data reporting for swaps in a swap
asset class not accepted by any swap data
repository.
*
*
*
*
*
(c) Delegation of authority to the
Director of the Division of Data: The
Commission hereby delegates to its
Director of the Division of Data, until
the Commission orders otherwise, the
authority set forth in this paragraph (c),
to be exercised by the Director of the
Division of Data or by such other
employee or employees of the
Commission as may be designated by
the Director of the Division of Data. The
Director of the Division of Data may
submit to the Commission for its
consideration any matter which has
been delegated in this paragraph.
Nothing in this paragraph prohibits the
Commission, at its election, from
52. § 49.31 is revised to read as
follows:
■
§ 49.31 Delegation of authority to the
Directors of the Division of Market
Oversight and Division of Data relating to
certain part 49 matters.
(a) The Commission hereby delegates,
until such time as the Commission
orders otherwise, the following
functions to the Director of the Division
of Market Oversight and to such
members of the Commission staff acting
under their direction as they may
designate:
(1) All functions reserved to the
Commission in § 49.5.
(2) All functions reserved to the
Commission in § 49.12.
(3) All functions reserved to the
Commission in § 49.13.
(4) All functions reserved to the
Commission in § 49.16.
(5) All functions reserved to the
Commission in § 49.17.
(6) All functions reserved to the
Commission in § 49.18.
(7) All functions reserved to the
Commission in § 49.22.
(8) All functions reserved to the
Commission in § 49.23.
(9) All functions reserved to the
Commission in § 49.24
(10) All functions reserved to the
Commission in § 49.25.
(11) All functions reserved to the
Commission in § 49.29.
(12) All functions reserved to the
Commission in § 49.30.
(b) The Commission hereby delegates,
until such time as the Commission
orders otherwise, the following
functions to the Director of the Division
of Data and to such members of the
Commission staff acting under their
direction as they may designate:
(1) All functions reserved to the
Commission in § 49.9.
(2) All functions reserved to the
Commission in § 49.10.
(c) The Director of the Division of
Market Oversight, and, separately, the
Director of the Division of Data may
submit to the Commission for its
consideration any matter that has been
delegated under this section.
(d) Nothing in this section may
prohibit the Commission, at its election,
from exercising the authority delegated
in this section.
PART 140—ORGANIZATION,
FUNCTIONS, AND PROCEDURES OF
THE COMMISSION
53. The authority citation for part 140
continues to read as follows:
■
Authority: 7 U.S.C. 2(a)(12), 12a, 13(c),
13(d), 13(e), and 16(b).
§§ 140.2, 140.11, 140.13, 140.24, 140.72,
140.73, 140.75, 140.76, 140.91, 140.92,
140.93, 140.94, 140.95, 140.96, and 140.99
[Amended]
54. For each section and paragraph
indicated in the left column of the
following table, remove the text in the
middle column from wherever it
appears in the section or paragraph, and
add in its place the text indicated in the
right column:
■
Section
Remove
Add
140.2 section heading .......................................
140.2(a) .............................................................
regional coordinator ..........................................
140 Broadway, New York, New York, 10005 ..
140.2(b) .............................................................
525 West Monroe Street, Suite 1100, Chicago, Illinois 60661.
Two Emanuel Cleaver II Blvd., Suite 300,
Kansas City, Missouri 64112.
Regional Coordinator .......................................
principal offices of the commission ..................
the Chairman, the Vice-Chairman, and ...........
the Commission’s offices in Washington, DC ..
Regional Administrator
290 Broadway, 6th Floor, New York, NY
10007
77 W. Jackson Blvd., Suite 800, Chicago, IL
60604
2600 Grand Blvd, Suite 210, Kansas City, MO
64108
Regional Administrator
Commission headquarters
the Chairman and
the Commission’s Washington, DC headquarters
General Counsel or their deputy
Senior Commissioner or at their direction
until such time as their appointment as Chairman
Executive Director or their designee
140.2(c) ..............................................................
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PART 49—SWAP DATA
REPOSITORIES
71813
140.2 ..................................................................
140.11(a) ...........................................................
140.11(a) ...........................................................
140.11(b)(1) .......................................................
140.11(b)(1) .......................................................
140.11(c) ............................................................
140.13 ................................................................
140.24(a)(4) .......................................................
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17:03 Sep 03, 2024
Jkt 262001
General Counsel or his deputy ........................
Senior Commissioner or at his direction ..........
until such time as his appointment as Chairman.
Executive Director or his delegee ....................
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
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04SER1
71814
Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations
Section
Remove
Add
140.24(a)(6) .......................................................
Executive Director or his delegee ....................
140.72(a) ...........................................................
Division of Swap Dealer and Intermediary
Oversight.
the Director of the Division of Market Oversight, the Director of the Division of Enforcement,
may designate from time to time .....................
Regional Coordinator .......................................
Division of Swap Dealer and Intermediary
Oversight.
may designate from time to time .....................
the Director of the Division of Enforcement,
the Director of the Division of Market Oversight,
his or her ..........................................................
Director of Market Oversight or in his or her
absence each Deputy Director of the Division or for the Director of the Market Surveillance Section to release.
Director of the Division of Clearing and Risk
and Division of Swap Dealer and Intermediary Oversight.
Director of the Division of Clearing and Risk
and Division of Swap Dealer and Intermediary Oversight.
acting under his or her direction as the Director may designate from time to time.
Director of Trading and Markets or any Commission employee designated by the Director.
Executive Director or their designee in consultation with the General Counsel or their
designee
Market Participants Division
140.72(a) ...........................................................
140.72(a) ...........................................................
140.72(b) ...........................................................
140.73(a) ...........................................................
140.73(a) ...........................................................
140.73(a) ...........................................................
140.73(b) ...........................................................
140.73(b) ...........................................................
140.75 (section heading) ...................................
140.75 ................................................................
140.75 ................................................................
140.75 ................................................................
140.75 ................................................................
140.76(a) ...........................................................
140.76(b) ...........................................................
140.91 (section heading) ...................................
140.91(a) ...........................................................
140.91(a)(13) .....................................................
140.91(b) ...........................................................
ddrumheller on DSK120RN23PROD with RULES1
140.92(a) ...........................................................
140.92(b) ...........................................................
140.92(c) ............................................................
VerDate Sep<11>2014
17:03 Sep 03, 2024
Jkt 262001
Director of the Division of Clearing and Risk
and Division of Swap Dealer and Intermediary Oversight.
Director of the Division of Clearing and Risk
and Division of Swap Dealer and Intermediary Oversight, the General Counsel or
any.
Director of the Division of Clearing and Risk
and Division of Swap Dealer and Intermediary Oversight.
Division of Swap Dealer and Intermediary
Oversight.
Director of the Division of Clearing and Risk
and Division of Swap Dealer and Intermediary Oversight and to such members of
the Commission’s staff acting under his direction as he may designate from time to
time:
Any action taken pursuant to the delegation of
authority under this paragraph (a)(12) shall
be made with the concurrence of the General Counsel or, in his or her absence, a
Deputy General Counsel.
The Director of the Division of Clearing and
Risk and the Director of the Division Swap
Dealer and Intermediary Oversight may
submit any matter which has been delegated to him or her.
Director of the Division of Clearing and Risk
and Division of Swap Dealer and Intermediary Oversight and to such members of
the Commission’s staff acting under his direction as he may designate.
The Director of the Division of Clearing and
Risk and Division Swap Dealer and Intermediary Oversight may submit any matter
which has been delegated to him.
Director of the Division of Clearing and Risk
and Division of Swap Dealer and Intermediary Oversight.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
the Director of the Division of Market Oversight, the Director of the Division of Data,
the Director of the Division of Enforcement,
may designate
Regional Administrator
Market Participants Division
may designate
the Director of the Division of Enforcement,
the Director of the Division of Data, the Director of the Division of Market Oversight,
their
Director of Market Oversight or in their absence each Deputy Director of the Division
to release
Director of the Division of Clearing and Risk
and to the Director of the Market Participants Division
Director of the Division of Clearing and Risk
and to the Director of the Market Participants Division
acting under their direction as either Director
may designate
Director of the Division of Clearing and Risk,
the Director of the Market Participants Division, or any Commission employee designated by either Director
Director of the Division of Clearing and Risk or
the Director of the Market Participants Division
Director of the Division of Clearing and Risk,
the Director of the Market Participants Division, the General Counsel, or any Commission employee under their direction as they
may designate
Director of the Division of Clearing and Risk,
the Director of the Market Participants Division
Market Participants Division
Director of the Division of Clearing and Risk
and to the Director of the Market Participants Division and to such members of the
Commission’s staff acting under their direction as they may designate:
Any action taken pursuant to the delegation of
authority under this paragraph (a)(13) shall
be made with the concurrence of the General Counsel or, in their absence, a Deputy
General Counsel.
The Director of the Division of Clearing and
Risk and the Director of the Market Participants Division may submit any matter which
has been delegated to them
Director of the Division of Clearing and Risk
and to the Director of the Market Participants Division and to such members of the
Commission’s staff acting under their direction as they may designate
The Director of the Division of Clearing and
Risk and the Director of the Market Participants Division may submit any matter which
has been delegated to them
Director of the Division of Clearing and Risk
and to the Director of the Market Participants Division
E:\FR\FM\04SER1.SGM
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Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations
Section
Remove
140.93 section heading .....................................
Division of Swap Dealer and Intermediary
Oversight.
Director of the Division of Clearing and Risk
and Division of Swap Dealer and Intermediary Oversight and to such members of
the Commission’s staff acting under his direction as he may designate from time to
time.
The Director of the Division of Clearing and
Risk and Division Swap Dealer and Intermediary Oversight may submit any matter
which has been delegated to him.
Director of the Division of Clearing and Risk
and Division of Swap Dealer and Intermediary Oversight.
Director of the Division of Swap Dealer and
Intermediary Oversight and the Director of
the Division of Clearing and Risk.
Director of the Division of Swap Dealer and
Intermediary Oversight and to such members of the Commission’s staff acting under
his or her direction as he or she may designate from time to time.
Division of Swap Dealer and Intermediary
Oversight.
under his or her direction as he or she may
designate from time to time:.
delegated to him or her ....................................
Division of Swap Dealer and Intermediary
Oversight.
Director of the Division of Clearing and Risk
and Division of Swap Dealer and Intermediary Oversight and to such members of
the Commission’s staff acting under his direction as he may designate.
Director of the Division of Clearing and Risk
and Division of Swap Dealer and Intermediary Oversight may submit any matter
which has been delegated to him.
Director of the Division of Clearing and Risk
and Division of Swap Dealer and Intermediary Oversight.
Director of the Division of Market Oversight or
the Director’s designee,
140.93(a) ...........................................................
140.93(b) ...........................................................
140.93(c) ............................................................
140.94 (section heading) ...................................
140.94(a) ...........................................................
140.94(b) ...........................................................
140.94(c) ............................................................
140.94(d) ...........................................................
140.94(e) ...........................................................
140.95(a) ...........................................................
140.95(b) ...........................................................
140.95(c) ............................................................
140.96(a) ...........................................................
140.96(b) ...........................................................
140.96(c) ............................................................
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140.96(d) ...........................................................
140.99(a)(5) .......................................................
VerDate Sep<11>2014
17:03 Sep 03, 2024
Jkt 262001
71815
Add
Market Participants Division
Director of the Division of Clearing and Risk
and to the Director of the Market Participants Division and to such members of the
Commission’s staff acting under their direction as they may designate
The Director of the Division of Clearing and
Risk and the Director of the Market Participants Division may submit any matter which
has been delegated to them
Director of the Division of Clearing and Risk
and the Director of the Market Participants
Division
Director of the Market Participants Division
and to the Director of the Division of Clearing and Risk
Director of the Market Participants Division
and to such members of the Commission’s
staff acting under their direction as they
may designate
Market Participants Division
under their direction as they may designate:
delegated to them
Market Participants Division
Director of the Division of Clearing and Risk
and to the Director of the Market Participants Division and to such members of the
Commission’s staff acting under their direction as they may designate
Director of the Division of Clearing and Risk
and the Director of the Market Participants
Division may submit any matter which has
been delegated to them
Director of the Division of Clearing and Risk
and to the Director of the Market Participants Division
Director of the Division of Market Oversight or
the Director’s designee, or the Director of
the Division of Data or the Director’s designee,
the Director of Swap Dealer and Intermediary the Director of the Market Participants Division
Oversight or the Director’s designee, and to
or the Director’s designee, and to the Directhe Director of the Division of Clearing and
tor of the Division of Clearing and Risk or
Risk or the Director’s designee or the Directhe Director’s designee, with the concurtor’s designee, with the concurrence of the
rence of the General Counsel or the GenGeneral Counsel or the General Counsel’s
eral Counsel’s designee, the authority to dedesignee, the authority to determine to pubtermine to publish, and to publish, in the
lish, and to publish, in the FEDERAL REGFEDERAL REGISTER, requests for public comISTER, requests for public comment on proment on proposed rule amendments by a
posed exchange and self-regulatory organiderivatives clearing organization, designated
zation rule amendments.
contract market, swap data repository, swap
execution facility, or registered futures association.
Director of the Division of Swap Dealer and Director of the Market Participants Division or
Intermediary Oversight or the Director of the
the Director of the Division of Clearing and
Division of Clearing and Risk.
Risk or the Director of the Division of Data
Director of the Division of Market Oversight Director of the Division of Market Oversight or
and to the Director of the Division of Swap
to the Director of the Market Participants DiDealer and Intermediary Oversight or the
vision or to the Director of the Division of
Director of the Division of Clearing and Risk.
Clearing and Risk or to the Director of the
Division of Data
Division of Swap Dealer and Intermediary Market Participants Division, the Division of
Oversight, the Division of Clearing and Risk
Clearing and Risk, the Division of Market
or the Division of Market Oversight.
Oversight, the Division of Data, or the Office
of the General Counsel, or any successor
divisions or organizational units, as the context requires
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
E:\FR\FM\04SER1.SGM
04SER1
71816
Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations
Section
Remove
140.99(d)(2)(ii) ...................................................
Director of the Division of Swap Dealer and
Intermediary Oversight.
Director, Division of Clearing and Risk, Commodity Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581.
Director, Division of Swap Dealer and Intermediary Oversight, Commodity Futures
Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC
20581.
or dsioletters@cftc.gov (for a request filed with
the Division of Swap Dealer and Intermediary Oversight), as appropriate, and a
properly signed paper copy of the request
must be provided to the Division of Market
Oversight, the Division of Clearing and Risk,
or the Division of Swap Dealer and Intermediary Oversight, as appropriate, within
ten days for purposes of verification of the
electronic submission.
Director of the Market Participants Division
Commodity Futures Trading
Commission, at the Commission’s
Washington, DC headquarters.
(B) A request for a letter regarding the
form and manner of data reporting, data
standards for reporting, or the content of
any trade report or form to be submitted
to the Commission, under Parts 15–20,
43, 45, 46, or 49, shall be filed with the
Director, Division of Data at the
Commission’s Washington, DC
headquarters.
*
*
*
*
*
PART 144—PROCEDURES
REGARDING THE DISCLOSURE OF
INFORMATION AND THE TESTIMONY
OF PRESENT OR FORMER OFFICERS
AND EMPLOYEES IN RESPONSE TO
SUBPOENAS OR OTHER DEMANDS
OF A COURT
140.99(d)(2)(ii) ...................................................
140.99(d)(2)(iii) ..................................................
140.99(d)(2)(iv) ..................................................
55. Section 140.99 is further amended
by revising paragraph (d)(2)(i) to read as
follows:
■
§ 140.99 Requests for exemptive, noaction and interpretative letters
*
*
*
*
*
(d) * * *
(2)(i)(A) A request for a letter relating
to the provisions of the Act or the
Commission’s rules, regulations, or
orders issued thereunder governing
designated contract markets, registered
swap execution facilities, registered
swap data repositories, registered
foreign boards of trade, the nature of
particular transactions and whether they
are exempt or excluded from being
required to be traded on one of the
foregoing entities, made available for
trading determinations, position limits,
hedging exemptions, the trading of
block trades, or position aggregation
treatment shall be filed with the
Director, Division of Market Oversight,
PART 142—INDEMNIFICATION OF
CFTC EMPLOYEES
56. The authority citation for part 142
continues to read as follows:
■
Authority: 7 U.S.C. 4a(j).
§ 142.2
[Amended]
57. In § 142.2(d), remove ‘‘Office of
General Counsel’’ and add ‘‘Office of the
General Counsel’’ in its place.
■
Section
Remove
144.1(b) ................................
Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581.
National Futures Association, 200 West Madison
Street, Suite 1600, Chicago, Illinois 60606.
Commission’s office in Washington, DC .........................
144.1(e) ................................
144.5(a) ................................
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Add
Section 145.5 is also issued under 5 U.S.C.
552, 5 U.S.C. 552b, and secs. 2(a)(11), 4b, 4f,
4g, 5a, 8a, and 17 of the Commodity
Exchange Act, 7 U.S.C. 2, 4a(j), 6b, 6f, 6g, 7a,
17:03 Sep 03, 2024
Jkt 262001
PO 00000
Frm 00014
58. The authority citation for part 144
continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 4a(j) and
12a(5); 31 U.S.C. 9701, unless otherwise
noted.
§§ 144.1 and 144.5
[Amended]
59. For each section and paragraph
indicated in the left column of the
following table, remove the text in the
middle column from wherever it
appears in the section or paragraph, and
add in its place the text indicated in the
right column:
■
National Futures Association, 300 S Riverside Plaza,
Suite 1800, Chicago, IL 60606
Commission’s Washington, DC headquarters
Authority: Pub. L. 99–570, 100 Stat. 3207;
Pub. L. 89–554, 80 Stat. 383; Pub. L. 90–23,
81 Stat. 54; Pub. L. 98–502, 88 Stat. 1561–
VerDate Sep<11>2014
or dodletters@cftc.gov (for a request filed with
the Division of Data), or mpdletters@
cftc.gov (for a request filed with the Market
Participants Division), as appropriate, and a
properly signed paper copy of the request
must be provided to the Division of Market
Oversight, the Division of Data, the Division
of Clearing and Risk, or the Market Participants Division, as appropriate, pursuant to
paragraphs (d)(2)(i) through (iii) of this section, as applicable, within ten days for purposes of verification of the electronic submission.
at the Commission’s Washington, DC headquarters.
■
60. The authority citation for part 145
continues to read as follows:
Director of the Market Participants Division at
the Commission’s Washington, DC headquarters.
Add
1564 (5 U.S.C. 552); Sec. 101(a), Pub. L. 93–
463, 88 Stat. 1389 (5 U.S.C. 4a(j)); Pub. L.
114–185, 130 Stat. 538; unless otherwise
noted.
PART 145—COMMISSION RECORDS
AND INFORMATION
Director of the Division of Clearing and Risk at
the Commission’s Washington, DC headquarters.
Fmt 4700
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12a, and 21, as amended, 92 Stat. 865 et seq.;
secs. 2(a)(1), 4c(a)–(d), 4d, 4f, 4g, 4k, 4m, 4n,
8a, 15 and 17, Commodity Exchange Act (7
U.S.C. 2, 4, 6c(a)–(d), 6f, 6g, 6k, 6m, 6n, 12a,
19 and 21; 5 U.S.C. 552 and 552b); secs.
2(a)(11) and 8 of the Commodity Exchange
Act, 7 U.S.C. 4(j) and 12 (1983); secs. 8a(5)
and 19 of the Commodity Exchange Act, as
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Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations
amended, 7 U.S.C. 12a(5) and 23 (1982); 5
U.S.C. 552 and 552b.
Section 145.6 is also issued under 7 U.S.C.
2, 4, 6, and 12; secs. 2(a)(1), 4c, 4d, 4e, 4f,
4k, 4m, 4n, 4p, 8, 8a and 19 of the
Commodity Exchange Act (7 U.S.C. 2 and 4,
6c, 6d, 6e, 6f, 6k, 6m, 6n, 6p, 12, 12a and 23
(1982)); 5 U.S.C. 552 and 552b.
Section 145.8 is also issued under 7 U.S.C.
4a(j) and 16a as amended by Pub. L. 97–444,
96 Stat. 2294 (1983), and 5 U.S.C. 552, 552a
and 552b.
61. In § 145.0, revise paragraph (a) to
read as follows:
§§ 145.2, 145.6, 145.7, 145.8, and 145.9 and
Appendix A [Amended]
§ 145.0
■
■
Definitions.
*
*
*
*
*
(a) FOIA Compliance Staff—refers to
the Freedom of Information Act
compliance staff assigned to respond to
requests for information under the
Freedom of Information Act.
*
*
*
*
*
62. For each section and paragraph
indicated in the left column of the
following table, remove the text in the
middle column from wherever it
appears in the section or paragraph, and
add in its place the text indicated in the
right column:
Section
Remove
Add
145.2 ....................................
145.6(b)(1) ...........................
principal office of the Commission in Washington, DC ..
National Futures Association, 200 West Madison
Street, Suite 1600, Chicago, Illinois 60606.
Office of General Counsel ..............................................
Office of General Counsel ..............................................
Office of General Counsel ..............................................
Office of General Counsel ..............................................
Compliance Staff .............................................................
Compliance Staff .............................................................
Office of General Counsel ..............................................
Compliance Staff .............................................................
Office of General Counsel ..............................................
Compliance Staff .............................................................
Office of General Counsel ..............................................
Compliance Staff .............................................................
Compliance Staff .............................................................
Office of General Counsel ..............................................
Office of General Counsel ..............................................
Compliance Staff .............................................................
Compliance Staff .............................................................
Assistant Secretary of the Commission for FOI, Privacy
and Sunshine Acts Compliance.
Commission’s Washington, DC headquarters
National Futures Association, 300 S Riverside Plaza,
Suite 1800, Chicago, IL 60606
Office of the General Counsel
Office of the General Counsel
Office of the General Counsel
Office of the General Counsel
FOIA compliance staff
FOIA compliance staff
Office of the General Counsel
FOIA compliance staff
Office of the General Counsel
FOIA compliance staff
Office of the General Counsel
FOIA compliance staff
FOIA compliance staff
Office of the General Counsel
Office of the General Counsel
FOIA compliance staff
FOIA compliance staff
Office of the General Counsel at the Commission’s
Washington, DC headquarters, Attn: FOIA compliance staff
FOIA compliance staff
145.7(b) ................................
145.7(c) ................................
145.7(f) .................................
145.7(g) ................................
145.7(h)(1) ...........................
145.7(h)(2) ...........................
145.7(h)(3) ...........................
145.7(h)(3) ...........................
145.7(i)(2) .............................
145.7(i)(2) .............................
145.7(i)(5) .............................
145.7(i)(6) .............................
145.7(i)(6)(iii) ........................
145.7(i)(7) .............................
145.7(j) .................................
145.7(j) .................................
145.8 ....................................
145.9(d)(2) ...........................
145.9(d)(3) ...........................
145.9(d)(7) ...........................
145.9(d)(9) ...........................
145.9(d)(9) ...........................
145.9(e)(1) ...........................
145.9(e)(1) ...........................
145.9(f)(1) ............................
145.9(f)(2) ............................
145.9(f)(3) ............................
145.9(g)(3) ...........................
145.9(g)(3) ...........................
145.9(g)(5) ...........................
145.9(g)(7) ...........................
145.9(g)(8) ...........................
145.9(g)(10) .........................
145.9(h) ................................
Appendix A introductory text
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71817
Appendix
Appendix
Appendix
Appendix
A (a) (heading) .....
A, (d) (heading) ....
A, (g) (heading) ....
A, (g) ....................
VerDate Sep<11>2014
17:03 Sep 03, 2024
Assistant Secretary of the Commission for FOI, Privacy
and Sunshine Acts Compliance.
Assistant Secretary .........................................................
Assistant Secretary of the Commission for FOI, Privacy
and Sunshine Acts Compliance or his or her designee.
Assistant Secretary or his or her designee ....................
Assistant Secretary or his or her designee ....................
Assistant Secretary of the Commission for FOI, Privacy
and Sunshine Acts Compliance.
Assistant Secretary of the Commission for FOI, Privacy
and Sunshine Acts compliance or his or her designee.
Assistant Secretary or his or her designee ....................
Assistant Secretary or his or her designee ....................
Office of General Counsel ..............................................
Assistant Secretary of the Commission for FOI, Privacy
and Sunshine Acts compliance.
Office of General Counsel ..............................................
Office of General Counsel ..............................................
Assistant Secretary of the Commission for FOI, Privacy
and Sunshine Acts Compliance.
The General Counsel or his or here designee ...............
Assistant Secretary of the Commission for FOI, Privacy
and Sunshine Acts Compliance.
Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581.
Office of External Affairs .................................................
Executive Director, Administrative Services Section ......
Division of Swap Dealer and Intermediary Oversight .....
National Futures Association, 200 West Madison
Street, Suite 1600, Chicago, Illinois 60606.
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FOIA compliance staff
FOIA compliance staff
FOIA compliance staff
FOIA compliance staff
FOIA compliance staff
FOIA compliance staff
FOIA compliance staff
FOIA compliance staff
Office of the General Counsel
FOIA compliance staff
Office of the General Counsel
Office of the General Counsel
FOIA compliance staff
The General Counsel or their designee
FOIA compliance staff
the Commission’s Washington, DC headquarters
Office of Public Affairs
Chief Administrative Officer, Division of Administration
Market Participants Division
National Futures Association, 300 S Riverside Plaza,
Suite 1800, Chicago, IL 60606
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Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations
63. Section 145.6 is further amended
by revising paragraph (a) to read as
follows:
■
§ 145.6 Commission offices to contact for
assistance; registration records available.
(a) All requests for non-public records
shall be made in writing and shall be
addressed or otherwise directed to the
Office of the General Counsel at the
Commission’s Washington, DC
headquarters, Attn: FOIA Request, or
electronically via foiasubmissions@
cftc.gov. Requests for public records
directed to a regional office of the
Commission pursuant to § 145.2 should
be sent to the Eastern Regional Office,
PART 146—RECORDS MAINTAINED
ON INDIVIDUALS
64. The authority citation for part 146
continues to read as follows:
■
Authority: 88 Stat. 1896 (5 U.S.C. 552a), as
amended; 88 Stat. 1389 (7 U.S.C. 4a(j)).
65. In § 146.2, revise paragraph (c) to
read as follows:
■
§ 146.2
*
*
Definitions.
*
*
*
(c) The term FOIA compliance staff
refers to the Freedom of Information Act
compliance staff assigned to respond to
requests for information under the
Freedom of Information Act;
*
*
*
*
*
§§ 146.3, 146.4, 146.5, 146.6, 146.8, 146.9,
and 146.11 and Appendix A [Amended]
66. For each section and paragraph
indicated in the left column of the
following table, remove the text in the
middle column from wherever it
appears in the section or paragraph, and
add in its place the text indicated in the
right column:
■
Section
Remove
Add
146.3(a) ................................
146.3(a) ................................
pertaining to him .............................................................
FOI, Privacy and Sunshine Acts compliance staff, Office of the Secretariat, Commodity Futures Trading
Commission, Three Lafayette Centre, 1155 21st
Street NW, Washington, DC 20581.
Executive Director ...........................................................
his identity .......................................................................
he is familiar with and understands ................................
FOI, Privacy and Sunshine Acts compliance staff, Office of the Secretariat, Commodity Futures Trading
Commission, Three Lafayette Centre, 1155 21st
Street NW, Washington, DC 20581.
FOI, Privacy and Sunshine Acts compliance staff, Office of the Secretariat.
FOI, Privacy and Sunshine Acts compliance staff, Office of the Secretariat, Commodity Futures Trading
Commission, Three Lafayette Centre, 1155 21st
Street NW, Washington, DC 20581.
FOI, Privacy and Sunshine Acts compliance staff, Office of the Secretariat, Commodity Futures Trading
Commission, Three Lafayette Centre, 1155 21st
Street NW, Washington, DC 20581,
pertaining to him .............................................................
under his name ...............................................................
if he believes ...................................................................
the FOI, Privacy and Sunshine Acts compliance staff,
Office of the Secretariat, Commodity Futures Trading
Commission, Three Lafayette Centre, 1155 21st
Street NW, Washington, DC 20581.
FOI, Privacy and Sunshine Acts compliance staff, Office of the Secretariat, Commodity Futures Trading
Commission, Three Lafayette Centre, 1155 21st
Street NW, Washington, DC 20581.
Executive Director ...........................................................
Executive Director ...........................................................
Executive Director ...........................................................
Executive Director ...........................................................
FOI, Privacy and Sunshine Acts compliance staff, Office of the Secretariat, Commodity Futures Trading
Commission, Three Lafayette Centre, 1155 21st
Street NW, Washington, DC 20581.
FOI, Privacy and Sunshine Acts compliance staff, Office of the Secretariat.
FOI, Privacy and Sunshine Acts compliance staff, Office of the Secretariat.
FOI, Privacy and Sunshine Acts compliance staff, Office of the Secretariat, Commodity Futures Trading
Commission, Three Lafayette Centre, 1155 21st
Street NW, Washington, DC 20581.
FOI, Privacy and Sunshine Acts compliance staff, Office of Secretariat, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street
NW, Washington, DC 20581.
pertaining to them
FOIA compliance staff in the Office of the General
Counsel at the Commission’s Washington, DC headquarters and clearly marked ‘‘Privacy Act request.’’
146.4(b)
146.4(b)
146.4(b)
146.4(b)
................................
................................
................................
................................
146.5(e) ................................
146.5(f) .................................
146.6(d) ................................
146.8(a)
146.8(a)
146.8(a)
146.8(a)
................................
................................
................................
................................
146.8(d) ................................
146.8(e) ................................
146.8(f) .................................
146.8(g) ................................
146.8(h) ................................
146.9(c) ................................
146.9(d) ................................
146.9(e)(3) ...........................
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Central Regional Office, or
Southwestern Regional Office, as
applicable.
*
*
*
*
*
146.11(b) ..............................
Appendix A, (5)b. .................
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General Counsel
their identity
they are familiar with and understand
FOIA compliance staff in the Office of the General
Counsel at the Commission’s Washington, DC headquarters and clearly marked ‘‘Privacy Act request.’’
FOIA compliance staff
FOIA compliance staff in the Office of the General
Counsel at the Commission’s Washington, DC headquarters and clearly marked ‘‘Privacy Act request.’’
FOIA compliance staff in the Office of the General
Counsel at the Commission’s Washington, DC headquarters,
pertaining to them
under their name
if they believe
the FOIA compliance staff at the Commission’s Washington, DC headquarters.
Chief Privacy Officer at the Commission’s Washington,
DC headquarters.
General Counsel
General Counsel
General Counsel
General Counsel
General Counsel, Office of the General Counsel at the
Commission’s Washington, DC headquarters.
General Counsel
Chief Privacy Officer
Chief Privacy Officer at the Commission’s Washington,
DC headquarters.
FOIA compliance staff at the Commission’s Washington, DC headquarters.
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Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations
§§ 147.4, 147.5, 147.6, 147.8, and 147.9
[Amended]
§ 147.2
■
*
*
*
*
(g) The term FOIA Compliance staff
refers to the Freedom of Information Act
Compliance Staff assigned to respond to
requests for information under the
Freedom of Information Act.
69. For each section and paragraph
indicated in the left column of the
following table, remove the text in the
middle column from wherever it
appears in the section or paragraph, and
add in its place the text indicated in the
right column:
Section
Remove
Add
147.4(d)(1) .........................................................
, Commodity Futures Trading Commission,
Three Lafayette Centre, 1155 21st Street
NW, Washington, DC 20581.
offices of the FOI, Privacy and Sunshine Acts
compliance staff, Office of the Secretariat,
Commodity Futures Trading Commission,
Three Lafayette Centre, 1155 21st Street
NW, Washington, DC 20581.
offices of the FOI, Privacy and Sunshine Acts
compliance staff, Office of the Secretariat,
Commodity Futures Trading Commission,
Three Lafayette Centre, 1155 21st Street
NW, Washington, DC 20581.
offices of the FOI, Privacy and Sunshine Acts
compliance staff, Office of the Secretariat,
Commodity Futures Trading Commission,
Three Lafayette Centre, 1155 21st Street
NW, Washington, DC 20581.
offices of the FOI, Privacy and Sunshine Acts
compliance staff, Office of the Secretariat,
Commodity Futures Trading Commission,
Three Lafayette Centre, 1155 21st Street
NW, Washington, DC 20581.
Assistant Secretary of the Commission for
FOI, Privacy and Sunshine Acts compliance
after due consultation with the Office of the
Commission’s General Counsel and the Director of any affected staff division.
FOI, Privacy and Sunshine Acts compliance
staff, Office of the Secretariat, Commodity
Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581.
at the Commission’s Washington, DC headquarters
PART 149—ENFORCEMENT OF
NONDISCRIMINATION ON THE BASIS
OF HANDICAP IN PROGRAMS OR
ACTIVITIES CONDUCTED BY THE
COMMODITY FUTURES TRADING
COMMISSION
Commission’s Washington, DC
headquarters’’ in its place.
67. The authority citation for part 147
continues to read as follows:
■
Authority: Sec. 3(a), Pub. L. 94–409, 90
Stat. 1241 (5 U.S.C. 552b); sec. 101(a)(11),
Pub. L. 93–463, 88 Stat. 1391 (7 U.S.C. 4a(j)
(Supp. V, 1975)), unless otherwise noted.
147.5(h) .............................................................
147.5(i) ...............................................................
147.6(c) ..............................................................
147.8(a) .............................................................
147.8(b)(1) .........................................................
147.9(b) .............................................................
PART 148—IMPLEMENTATION OF THE
EQUAL ACCESS TO JUSTICE ACT IN
COVERED ADJUDICATORY
PROCEEDINGS BEFORE THE
COMMISSION
70. The authority citation for part 148
continues to read as follows:
■
Definitions.
*
72. The authority citation for part 149
continues to read as follows:
■
Authority: Equal Access to Justice Act, 5
U.S.C. 504(c)(1) and secs. 2(a)(11) and 8a(5)
of the Commodity Exchange Act, 7 U.S.C.
4a(j) and 12a(5), unless otherwise noted.
Authority: 29 U.S.C 794, unless otherwise
noted.
§ 148.30
§ 149.170
[Amended]
71. In § 148.30, remove ‘‘Executive
Director of the Commission, Three
Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581,’’ and add
‘‘Executive Director at the Commission’s
Washington, DC headquarters,’’ in its
place.
■
ddrumheller on DSK120RN23PROD with RULES1
68. In § 147.2, revise paragraph (g) to
read as follows:
■
PART 147—OPEN COMMISSION
MEETINGS
71819
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[Amended]
73. In § 149.170(c), remove ‘‘Equal
Employment Opportunity Officer,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581’’ and add ‘‘Equal Employment
Opportunity Officer at the
■
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
Office of the Secretariat at the Commission’s
Washington, DC headquarters.
Office of the Secretariat at the Commission’s
Washington, DC headquarters.
Office of the Secretariat at the Commission’s
Washington, DC headquarters.
Office of the Secretariat at the Commission’s
Washington, DC headquarters.
Office of the General Counsel in consultation
with the Director of any affected staff division
Office of the Secretariat at the Commission’s
Washington, DC headquarters.
PART 150—LIMITS ON POSITIONS
74. The authority citation for part 150
continues to read as follows:
■
Authority: 7 U.S.C. 1a, 2, 5, 6, 6a, 6c, 6f,
6g, 6t, 12a, and 19, as amended by Title VII
of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, Pub. L. 111–203,
124 Stat. 1376 (2010).
§ 150.4
[Amended]
75. For each paragraph indicated in
the left column of the following table,
remove the text in the middle column
from wherever it appears in the section
or paragraph, and add in its place the
text indicated in the right column:
■
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Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations
Section
150.4(e)(1)
150.4(e)(2)
150.4(e)(2)
150.4(e)(3)
...........................
...........................
...........................
...........................
Remove
Add
may designate from time to time ....................................
may designate from time to time ....................................
Office of Data and Technology .......................................
Office of Data and Technology .......................................
may designate
may designate
Division of Data
Division of Data
PART 155—TRADING STANDARDS
Authority: 7 U.S.C. 6b, 6c, 6g, 6j and 12a,
unless otherwise noted.
76. The authority citation for part 155
continues to read as follows:
§§ 155.3 and 155.4
■
[Amended]
77. For each paragraph indicated in
the left column of the following table,
■
Section
Remove
155.2(i)(2) .............................
155.2(i)(2) .............................
155.3(a)(1) ...........................
155.4(a)(1) ...........................
insured .............................................................................
insure ...............................................................................
Insure ..............................................................................
Insure ..............................................................................
PART 160—PRIVACY OF CONSUMER
FINANCIAL INFORMATION UNDER
TITLE V OF THE GRAMM-LEACHBLILEY ACT
78. The authority citation for part 160
continues to read as follows:
■
Authority: 7 U.S.C. 7b–2 and 12a(5); 15
U.S.C 6801, et seq., and sec. 1093, Pub. L.
111–203, 124 Stat. 1376.
§ 160.30
Add
ensured
ensure
Ensure
Ensure
PART 162—PROTECTION OF
CONSUMER INFORMATION UNDER
THE FAIR CREDIT REPORTING ACT
82. The authority citation for part 165
continues to read as follows:
■
80. The authority citation for part 162
continues to read as follows:
Authority: 7 U.S.C. 2, 5, 9, 12a(5), 13a,
13a–1, 13b, and 26.
Authority: Sec. 1088, Pub. L. 111–203; 124
Stat. 1376 (2010).
§§ 165.3, 165.7, 165.12, 165.15, and
Appendix B [Amended]
83. For each section and paragraph
indicated in the left column of the
following table, remove the text in the
middle column from wherever it
appears in the section or paragraph, and
add in its place the text indicated in the
right column:
■
[Amended]
81. In § 162.21(a)(1), remove ‘‘Insure’’
and add ‘‘Ensure’’ in its place.
■
79. In § 160.30(a), remove ‘‘Insure’’
and add ‘‘Ensure’’ in its place.
■
Section
Remove
Add
165.3(a)(2) ...........................
Commission, Three Lafayette Centre, 1155 21st Street
NW, Washington, DC 20581.
to the Commission by mail or fax to Commodity Futures Trading Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC 20581,
Office of Customer Education and Outreach ..................
Office of General Counsel ..............................................
Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581.
Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581.
Whistleblower Office at the Commission’s Washington,
DC headquarters.
by mail or fax to the Whistleblower Office at the Commission’s Washington, DC headquarters,
165.7(b)(1) ...........................
165.12(c) ..............................
165.15(a)(2) .........................
Appendix B under Submission Procedures heading.
Appendix B, under Submission Procedures heading.
§§ 170.11 and 170.12
84. The authority citation for part 170
continues to read as follows:
■
85. For each paragraph indicated in
the left column of the following table,
■
Remove
170.11(a)(5) .........................
Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581.
Division of Swap Dealer and Intermediary Oversight .....
Division of Swap Dealer and Intermediary Oversight .....
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Jkt 262001
at the Commission’s Washington, DC headquarters
[Amended]
Section
170.12 (section heading) .....
170.12 ..................................
Office of Public Affairs.
Office of the General Counsel
at the Commission’s Washington, DC headquarters
Authority: 7 U.S.C. 6d, 6m, 6p, 6s, 12a, and
21.
PART 170—REGISTERED FUTURES
ASSOCIATIONS
ddrumheller on DSK120RN23PROD with RULES1
PART 165—
■
§ 162.21
[Amended]
remove the text in the middle column
from wherever it appears in the section
or paragraph, and add in its place the
text indicated in the right column:
PO 00000
Frm 00018
remove the text in the middle column
from wherever it appears in the section
or paragraph, and add in its place the
text indicated in the right column:
Add
Fmt 4700
Sfmt 4700
the Commission’s DC headquarters
Market Participants Division
Market Participants Division
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Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Rules and Regulations
PART 171—RULES RELATING TO
REVIEW OF NATIONAL FUTURES
ASSOCIATION DECISIONS IN
DISCIPLINARY, MEMBERSHIP DENIAL,
REGISTRATION AND MEMBER
RESPONSIBILITY ACTIONS
86. The authority citation for part 171
continues to read as follows:
■
§§ 171.2, 171.3, 171.8, 171.28, and 171.31
[Amended]
appears in the section or paragraph, and
add in its place the text indicated in the
right column:
87. For each section and paragraph
indicated in the left column of the
following table, remove the text in the
middle column from wherever it
■
Section
Remove
Add
171.2(c) ................................
Commission’s Opinions Section .....................................
171.3 ....................................
171.8(a) ................................
principal office .................................................................
Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581.
Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581.
the Division of Swap Dealer and Intermediary Oversight
and the Division of Clearing and Risk or the Division
of Market Oversight.
the Division of Swap Dealer and Intermediary Oversight, and the Division of Clearing and Risk or the Division of Market Oversight.
Office of the General Counsel’s Litigation, Enforcement,
and Adjudication Section
headquarters
at the Commission’s Washington, DC headquarters
171.8(b) ................................
171.28 ..................................
171.31(a) ..............................
Issued in Washington, DC, on August 13,
2024, by the Commission.
Robert Sidman
Deputy Secretary of the Commission.
Note: The following appendix will not
appear in the Code of Federal Regulations.
Appendix to Incorporation of Changes
in the Commission’s Administrative
Structure, Remove Superfluous
Verbiage, and Correct Inaccurate
Text—Voting Summary
Appendix 1—Voting Summary
On this matter, Chairman Behnam and
Commissioners Johnson, and Goldsmith
Romero, Mersinger, and Pham voted in the
affirmative. No Commissioner voted in the
negative.
the Market Participants Division, the Division of Clearing and Risk, the Division of Market Oversight, or the
Division of Data
the Market Participants Division, the Division of Clearing and Risk, the Division of Market Oversight, or the
Division of Data
vessels, and the marine environment
from potential hazards created by a boat
parade that is scheduled for the
afternoon of September 14, 2024. Parade
participants operating within the
regulated area must comply with all
instructions given by the on-scene
Patrol Commander (PATCOM). Vessels
or persons entering the regulated area
during the enforcement period are
subject to the direction and control of
the on-scene PATCOM as designated
and specifically authorized by the
Captain of the Port, Sector Virginia.
DATES: This rule is effective on
September 14, 2024, from noon to 4
p.m.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0751 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
BILLING CODE 6351–01–P
DEPARTMENT OF HOMELAND
SECURITY
If
you have questions about this rule, call
or email LCDR Justin Strassfield, Sector
Virginia Waterways Management
Division, U.S. Coast Guard; telephone
757–668–5581, email
Justin.Z.Strassfield@uscg.mil.
SUPPLEMENTARY INFORMATION:
Coast Guard
FOR FURTHER INFORMATION CONTACT:
33 CFR Part 100
[Docket Number USCG–2024–0751]
RIN 1625–AA08
Special Local Regulation; Elizabeth
River, Norfolk Harbor, Norfolk, VA
I. Table of Abbreviations
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary regulation for
waters of the Elizabeth River, in
Norfolk, Virginia to protect personnel,
SUMMARY:
VerDate Sep<11>2014
at the Commission’s Washington, DC headquarters
ADDRESSES:
[FR Doc. 2024–18445 Filed 9–3–24; 8:45 am]
ddrumheller on DSK120RN23PROD with RULES1
Authority: 7 U.S.C. 4a, 12a and 21, unless
otherwise noted.
71821
17:03 Sep 03, 2024
Jkt 262001
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
§ Section
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
SLR Special Local Regulation
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory
provision authorizes an agency to issue
a rule without prior notice and
opportunity to comment when the
agency for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ The Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
because it would be impracticable to
publish an NPRM, consider comments,
and publish a final rule before this rule
needs to be in place to serve its purpose.
This rule is necessary to accommodate
the number of vessels expected to
participate in the boat parade.
The marine event sponsor of a boat
parade is expecting to draw a high
concentration of vessels to the Hampton
Roads Harbor area along the proposed
parade route. Traditionally, the
Hampton Roads Harbor area serves as a
major thoroughfare for commercial
traffic, naval operations, ferry routes,
and several other recreational uses
through the connecting waters of the
James River, Elizabeth River, and Lower
Chesapeake Bay. The Coast Guard is
establishing a Special Local Regulation
(SLR) to monitor the parade before,
during, and after the event to minimize
impacts on this congested waterway. We
must promulgate this rule by September
14, 2024, to ensure the safety of
E:\FR\FM\04SER1.SGM
04SER1
Agencies
[Federal Register Volume 89, Number 171 (Wednesday, September 4, 2024)]
[Rules and Regulations]
[Pages 71803-71821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18445]
=======================================================================
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COMMODITY FUTURES TRADING COMMISSION
17 CFR Parts 1, 3, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20,
23, 30, 31, 37, 41, 43, 45, 46, 49, 140, 142, 144, 145, 146, 147,
148, 149, 150, 155, 160, 162, 165, 170, and 171
RIN 3038-AF09
Incorporation of Changes in the Commission's Administrative
Structure, Remove Superfluous Verbiage, and Correct Inaccurate Text
AGENCY: Commodity Futures Trading Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The agency's Divisions and Offices have been reorganized at
the Chairman's direction, and with prior notification to relevant
congressional committees. To ensure the CFR reflects these changes, the
Commodity Futures Trading Commission (Commission or CFTC) is voting to
make technical changes to various provisions within its regulations in
order to align with its change in administrative structure, remove
superfluous verbiage, and correct inaccurate text. In addition to the
administrative changes required due to the realignment, the Commission
is adopting technical changes to ensure consistency in reference to
Commission addresses, deleting references to positions that have
changed and updating the positions to align with the current Commission
structure, correct typographical errors, and other technical changes.
DATES: These amendments are effective on September 4, 2024.
FOR FURTHER INFORMATION CONTACT: Joan Fina, Senior Assistant General
Counsel, Telephone: (202) 418-7621, Email: [email protected], Office of
the General Counsel, Commodity Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street NW, Washington, DC 20581, or John
Einstman, Deputy General Counsel (General Law), Telephone: (202) 418-
5337, Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
An agency reorganization in November 2020 realigned key functions
within the agency, including: (1) creating a new Division of Data
(DOD); (2) reassigning the Executive Secretariat Branch from the Office
of the Executive Director (OED) to the Office of the General Counsel
(OGC); and (3) renaming and realigning the Division of Swap Dealer and
Intermediary Oversight (DSIO) to the Market Participants Division (MPD)
and (4) moving the Office of Customer Education and Outreach (OCEO) to
the Office of Public Affairs.
Technology has dramatically altered capital and commodity markets
over the past few decades, and technologically induced innovations such
as electronic exchanges, high-frequency trading, and exchange-traded
funds have made trading faster, cheaper, more integrated, and
increasingly complex. As a financial regulator in an ever-increasingly
sophisticated market environment, it is becoming more and more crucial
that the CFTC continue to focus on data and data reporting and invest
in technologies necessary to keep pace with market innovation. Our
oversight responsibilities are becoming highly data acquisitive and
rely on the effective use of information, including through the use of
algorithms and analytics to more effectively manage data to meet our
regulatory objectives. The DoD was created to address the Commission's
growing data needs and to position the agency to continue to achieve
its mission in accord with new technologies.
There has been an unprecedented rise in retail futures, options and
digital asset trading. As the agency evolves to address changing
markets and market demographics, both the FinTech and customer
protection efforts the Office of Customer Education and Outreach (OCEO)
were realigned within the Office of Public Affairs.
DSIO is responsible primarily for overseeing derivatives market
participants and market intermediaries, including commodity pool
operators, commodity trading advisors, futures commission merchants,
introducing brokers, retail foreign exchange dealers, swap dealers, and
major swap participants, as well as designated self-regulatory
organizations. By restyling DSIO as MPD, the Division's name will more
succinctly reflect the scope of its responsibility regarding the
Commission registrants enumerated above.
The Commission's legal compliance groups that are responsible for
records, Freedom of Information Act, Sunshine Act, privacy, and
transparency were divided between the Office of the General Counsel and
the Executive Secretariat Branch in the Office of the Executive
Director. Moving the Executive Secretariat Branch into the Office of
the General Counsel ensures consistency through streamlining all legal
compliance programs into one division.
In addition to the changes required due to the realignment, the
Commission proposes technical changes to ensure consistency in
reference to addresses, deletes references to positions that have
changed and updates the positions to align with the current Commission
structure, correct typographical errors, and other technical changes.
Section 2(a)(12) of the Commodity Exchange Act authorizes the
[[Page 71804]]
Commission to promulgate such rules and regulations as it deems
necessary to govern the operating procedures and conduct of business of
the Commission. The Commission is promulgating this rule to reflect
changes in its administrative structure and to make conforming
technical changes to its regulations.
II. Related Matters
A. Administrative Procedure Act
The amendments to the Commission's regulations in this rulemaking
do not establish any new substantive or legislative rules, but rather
relate to the restructuring of responsibilities within the Commission,
including amendments changing the names of divisions and offices that
are affected by the realignment and re-delegating authority to newly
formed divisions. The amendments to the Commission's regulations relate
solely to agency management, organization, procedure, and practice and
provide technical corrections of a minor and administrative nature,
such as technical changes to ensure consistency in reference to
Commission addresses, to delete references to positions that have
changed and to update the positions to align with the current
Commission structure, correct typographical errors, and other similar
technical corrections. Therefore, this rulemaking is excepted from the
public rulemaking provisions of the Administrative Procedure Act.\1\
Additionally, an agency may issue a new rule in some circumstances
without publication in the Federal Register of a notice of proposed
rulemaking with an opportunity for comment if the agency for ``good
cause'' finds (and incorporates the finding and a brief statement of
the reasons therefor in the rules issued) that notice and public
procedure thereon are impracticable, unnecessary, or contrary to the
public interest.\2\ 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.\3\
---------------------------------------------------------------------------
\1\ 5 U.S.C. 553(a) and (b). Rulemaking procedures apply, except
to the extent that there is involved (1) a military or foreign
affairs function of the United States; or (2) a matter relating to
agency management or personnel or to public property, loans, grants,
benefits, or contracts.
\2\ 5 U.S.C 553(b). Further, Section 553(d) of the
Administrative Procedure Act, 5 U.S.C. 553(d) provides, in part, for
publication of a rule not less than 30 days before its effective
date except as otherwise provided by the agency for good cause found
and published with the rule.
\3\ Good cause exists as the final rule implements changes that
affect internal agency management, organization and procedure that
do not require a delayed effective date.
---------------------------------------------------------------------------
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.\4\ 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 or any
other law.\5\ This rulemaking is excepted from the public rulemaking
provisions of the Administrative Procedure Act.\6\ Accordingly, the
Commission is not required to conduct a regulatory flexibility analysis
for this rulemaking.
---------------------------------------------------------------------------
\4\ See 5 U.S.C. 601 et seq.
\5\ 5 U.S.C. 601(2).
\6\ See supra notes 1 and 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 of 1995 (Paperwork Reduction
Act).\7\ This final rule does not contain a ``collection of
information'' as defined in the Paperwork Reduction Act \8\ and,
therefore, is not subject to the requirements of the Paperwork
Reduction Act.
---------------------------------------------------------------------------
\7\ See 44 U.S.C. 3501 et seq.
\8\ ``Collection of information'' is defined in 44 U.S.C.
3502(3) and 5 CFR 1320.3(c) and includes Agency requests or
requirements that members of the public submit reports, keep
records, or provide information to a third party.
---------------------------------------------------------------------------
D. Cost-Benefit Considerations
Section 15(a) of the Commodity Exchange Act provides that, before
promulgating a regulation under this Act or issuing an order, the
Commission shall consider the costs and benefits of the action of the
Commission.\9\ These rules govern internal agency organization,
procedure, and practice, and therefore the Commission finds that none
of the considerations enumerated in Section 15(a)(2) of the Commodity
Exchange Act are applicable to these rules.\10\
---------------------------------------------------------------------------
\9\ 7 U.S.C. 19(a).
\10\ Section 15(a)(2) of the Commodity Exchange Act, 7 U.S.C.
19(a)(2), specifies that such costs and benefits shall be evaluated
in light of five broad areas of market and public concern:
Protection of market participants and the public; efficiency,
competitiveness, and financial integrity of futures markets; price
discovery; sound risk management practices; and other public
interest considerations.
---------------------------------------------------------------------------
E. Congressional Review Act
This final rule is not a rule as defined in the Congressional
Review Act.\11\
---------------------------------------------------------------------------
\11\ See 5 U.S.C. 801-808.
---------------------------------------------------------------------------
List of Subjects
17 CFR Part 1
Banks, banking, Brokers, Commodity futures, Consumer protection.
Reporting and recordkeeping requirements, Savings associations, Swaps.
17 CFR Part 3
Administrative practice and procedure, Commodity futures, Reporting
and recordkeeping requirements.
17 CFR Part 5
Commodity futures, Consumer protection, Foreign currencies,
Reporting and recordkeeping requirements, Securities, Trade practices.
17 CFR Part 9
Administrative practice and procedure, Reporting and recordkeeping
requirements.
17 CFR Part 10
Administrative practice and procedure, Authority delegations
(Government agencies), Swaps.
17 CFR Part 11
Administrative practice and procedure, Investigations.
17 CFR Part 12
Administrative practice and procedure, Consumer protection.
17 CFR Part 13
Administrative practice and procedure.
17 CFR Part 14
Administrative practice and procedure, Lawyers.
17 CFR Part 15
Brokers, Reporting and recordkeeping requirements.
17 CFR Part 16
Reporting and recordkeeping requirements.
17 CFR Part 17
Brokers, Reporting and recordkeeping requirements.
17 CFR Part 18
Reporting and recordkeeping requirements.
[[Page 71805]]
17 CFR Part 20
Administrative practice and procedure, Reporting and recordkeeping
requirements.
17 CFR Part 23
Authority delegations (Government agencies), Banks, banking,
Foreign banking, Foreign currencies, Freedom of information,
Investments, Reporting and recordkeeping requirements, Securities,
Swaps, Trade practices.
17 CFR Part 30
Consumer protection, Fraud.
17 CFR Part 31
Consumer protection, Currency, Fraud, Gold, Reporting and
recordkeeping requirements, Silver.
17 CFR Part 37
Commodity futures, Reporting and recordkeeping requirements, Swaps.
17 CFR Part 41
Brokers, Reporting and recordkeeping requirements, Securities.
17 CFR Part 43
Consumer protection, Reporting and recordkeeping requirements,
Swaps.
17 CFR Part 45
Swaps.
17 CFR Part 46
Swaps.
17 CFR Part 49
Administrative practice and procedure, Reporting and recordkeeping
requirements.
17 CFR Part 140
Authority delegations (Government agencies), Organization and
functions (Government agencies).
17 CFR Part 142
Claims, Government employees.
17 CFR Part 144
Administrative practice and procedure, Courts, Government
employees.
17 CFR Part 145
Conflicts of interest, Freedom of information.
17 CFR Part 146
Privacy.
17 CFR Part 147
Sunshine Act.
17 CFR Part 148
Claims, Equal access to justice, Lawyers.
17 CFR Part 149
Administrative practice and procedure, Civil rights, Equal
employment opportunity, Federal buildings and facilities, Individuals
with disabilities.
17 CFR Part 150
Cotton, Grains.
17 CFR Part 155
Brokers, Reporting and recordkeeping requirements.
17 CFR Part 160
Administrative practice and procedure, Brokers, Consumer
protection, Privacy, Reporting and recordkeeping requirements.
17 CFR Part 162
Administrative practice and procedure, Brokers, Privacy, Reporting
and recordkeeping requirements.
17 CFR Part 165
Administrative practice and procedure, Government employees,
Investigations, Whistleblowing.
17 CFR Part 170
Authority delegations (Government agencies), Commodity futures,
Reporting and recordkeeping requirements.
17 CFR Part 171
Administrative practice and procedure.
PART 1--GENERAL REGULATIONS UNDER THE COMMODITY EXCHANGE ACT
0
1. The authority citation for part 1 continues to read as follows:
Authority: 7 U.S.C. 1a, 2, 5, 6, 6a, 6b, 6c, 6d, 6e, 6f, 6g,
6h, 6i, 6k, 6l, 6m, 6n, 6o, 6p, 6r, 6s, 7, 7a-1, 7a-2, 7b, 7b-3, 8,
9, 10a, 12, 12a, 12c, 13a, 13a-1, 16, 16a, 19, 21, 23, and 24
(2012).
Sec. Sec. 1.12, 1.17, 1.20, 1.26, 1.35, 1.52, 1.65, 1.66, 1.70, and
Appendix B [Amended]
0
2. For each section and paragraph indicated in the left column of the
following table, remove the text in the middle column from wherever it
appears in the section or paragraph, and add in its place the text
indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
1.12(g)(3).................. Director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.17(c)(6)(ii)(A)........... Director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.17(c)(6)(ii)(C)........... Director of the Director of the
Division and Market Participants
Clearing and Division
Intermediary
Oversight.
1.17(c)(6)(ii)(D)........... Director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.17(c)(6)(iii)(B).......... Director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.20(d)(2).................. The written The written
acknowledgement acknowledgement
must be in the form must be in the form
as set out in as set out in
Appendix A to this Appendix A to Sec.
part. 1.20.
1.20(d)(3)(i)............... director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.20(d)(3)(i)............... director's designees Director's designees
1.20(d)(3)(ii).............. director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.20(d)(5).................. director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.20(d)(5).................. director of the Director of the
Division of Division of
Clearing and Risk. Clearing and Risk
1.20(d)(5).................. directors' designees Directors' designees
1.20(d)(6).................. director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.20(d)(6).................. director of the Director of the
Division of Division of
Clearing and Risk. Clearing and Risk
1.20(d)(6).................. directors' designees Directors' designees
[[Page 71806]]
1.20(g)(4)(ii).............. The written The written
acknowledgement acknowledgement
must be in the form must be in the form
as set out in as set out in
appendix B to this Appendix B to Sec.
part. 1.20.
1.20(g)(4)(iv).............. director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.20(g)(4)(iv).............. director of the Director of the
Division of Division of
Clearing and Risk. Clearing and Risk
1.20(g)(4)(iv).............. directors' designees Directors' designees
1.20, Appendix A............ director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.20, Appendix A............ director of the Director of the
Division of Division of
Clearing and Risk. Clearing and Risk
1.20, Appendix A............ directors' designees Directors' designees
1.20, Appendix B............ director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.20, Appendix B............ director of the Director of the
Division of Division of
Clearing and Risk. Clearing and Risk
1.20, Appendix B............ directors' designees Directors' designees
1.26, Appendix A............ director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.26, Appendix A............ director of the Director of the
Division of Division of
Clearing and Risk. Clearing and Risk
1.26, Appendix A............ directors' designees Directors' designees
1.26, Appendix B............ director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.26, Appendix B............ director of the Director of the
Division of Division of
Clearing and Risk. Clearing and Risk
1.26, Appendix B............ directors' designees Directors' designees
1.35(a)(9)(iii)............. Director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.35(a)(9)(iii)............. Director may Director may
designate from time designate
to time.
1.52(c)(2)(iii)(B).......... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.52(c)(2)(iii)(C).......... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.52(d)(2)(ii)(G)(2)........ Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.52(d)(2)(ii)(G)(3)........ Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.52(d)(2)(ii)(G)(3)........ Division of Swap Market Participants
Dealer and Division's
Intermediary's.
1.52(d)(2)(iii)(D).......... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.52(f)(2).................. Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.65(d)..................... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.65(e)..................... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.65(e)..................... may designate from may designate,
time to time,.
1.66(b)(5)(ii).............. Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
1.70(a)(2).................. Commodity Futures at the Commission's
Trading Commission, Washington, DC
Three Lafayette headquarters
Centre, 1155 21st
Street, NW.,
Washington, DC
20581.
1.70(b)(3).................. Commodity Futures at the Commission's
Trading Commission, Washington, DC
Three Lafayette headquarters
Centre, 1155 21st
Street, NW.,
Washington, DC
20581.
1.70(d)..................... Commodity Futures at the Commission's
Trading Commission, Washington, DC
Three Lafayette headquarters
Centre, 1155 21st
Street, NW.,
Washington, DC
20581.
Appendix B to Part 1(c)..... Commodity Futures at the Commission's
Trading Commission, Washington, DC
Three Lafayette headquarters
Centre, 1155 21st
Street, NW.,
Washington, DC
20581.
------------------------------------------------------------------------
PART 3--REGISTRATION
0
3. The authority citation for part 3 continues to read as follows:
Authority: 5 U.S.C. 552, 552b; 7 U.S.C. 1a, 2, 6a, 6b, 6b-1,
6c, 6d, 6e, 6f, 6g, 6h, 6i, 6k, 6m, 6n, 6o, 6p, 6s, 8, 9, 9a, 12,
12a, 13b, 13c, 16a, 18, 19, 21, and 23.
Sec. Sec. 3.3, 3.22, 3.33, 3.50, 3.55, 3.56, 3.63, 3.70, 3.75, and
Appendix A [Amended]
0
4. For each section and paragraph indicated in the left column of the
following table, remove the text in the middle column from wherever it
appears in the section or paragraph, and add in its place the text
indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
3.3(h)...................... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
3.3(h)...................... Director may Director may
designate from time designate
to time.
3.22........................ Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
3.33(e)..................... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
3.33(e)..................... Three Lafayette at the Commission's
Centre, 1155 21st Washington, DC
Street, NW., headquarters
Washington, DC
20581.
3.50(c)..................... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
3.50(c)..................... at the Commission's at the Commission's
Washington, DC Washington, DC
office, Three headquarters
Lafayette Centre,
1155 21st Street,
NW., Washington, DC
20581.
3.50(d)..................... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
3.55(e)(2).................. Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
[[Page 71807]]
3.56(e)(2).................. Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
3.63........................ Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
3.70(a)..................... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
3.70(a)..................... Washington, DC Washington, DC
office. headquarters
3.70(a)..................... (Attn: Deputy (Attn: Deputy
Director, Director,
Registration and Registration and
Compliance Branch, Compliance Branch,
Division of Swap Market Participants
Dealer and Division).
Intermediary
Oversight Three
Lafayette Centre,
1155 21st Street,
NW., Washington, DC
20581).
3.75(a)..................... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
3.75(a)..................... has been delegated has been delegated
to him. to them
Appendix A to Part 3, from the Contract Commission staff
Footnote 2. Markets Section of
the Commission's
Division of Swap
Dealer and
Intermediary
Oversight.
------------------------------------------------------------------------
PART 5--OFF-EXCHANGE FOREIGN CURRENCY TRANSACTIONS
0
5. The authority citation for part 5 continues to read as follows:
Authority: 7 U.S.C. 1a, 2, 6, 6a, 6b, 6c, 6d, 6e, 6f, 6g, 6h,
6i, 6k, 6m, 6n, 6o, 8, 9, 9a, 12, 12a, 13b, 13c, 16a, 18, 19, 21,
and 23.
Sec. Sec. 5.6, 5.20, and 5.23 [Amended]
0
6. For each section and paragraph indicated in the left column of the
following table, remove the text in the middle column from wherever it
appears in the section or paragraph, and add in its place the text
indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
5.6(f)(3)................... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
5.6(h)...................... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
5.6(h)...................... at the Commission's at the Commission's
principal office in Washington, DC
Washington, DC. headquarters
5.20(d) (heading)........... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
5.20(d)..................... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
5.23(f)..................... Deputy Director, Deputy Director,
Registration and Registration and
Compliance Section. Compliance Branch
5.23(f)..................... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
5.23(f)..................... Commodity Futures at the Commission's
Trading Commission, Washington, DC
Three Lafayette headquarters
Centre, 1155 21st
Street, NW.,
Washington, DC
20581.
------------------------------------------------------------------------
PART 9--RULES RELATING TO REVIEW OF EXCHANGE DISCIPLINARY, ACCESS
DENIAL OR OTHER ADVERSE ACTIONS
0
7. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 1a, 2, 6b-1, 6c, 7, 7a-2, 7b-3, 8, 9, 9a,
12, 12a, 12c, 13b, 16a, 18, 19, and 21.
Sec. Sec. 9.2, 9.4, 9.26, and 9.31 [Amended]
0
8. For each section and paragraph indicated in the left column of the
following table, remove the text in the middle column from wherever it
appears in the section or paragraph, and add in its place the text
indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
9.2(h)...................... Division of Swap Market Participants
Dealer and Division and/or the
Intermediary Division of
Oversight and Clearing and Risk
Division of
Clearing and Risk.
9.4(a)...................... or by mail to: or by mail to the
Proceedings Clerk, Proceedings Clerk,
Office of Office of
Proceedings, Proceedings at the
Commodity Futures Commission's
Trading Commission, Washington, DC
Three Lafayette headquarters
Centre, 1155 21st
Street, NW,
Washington, DC
20581.
9.26........................ Division of Market Division of Market
Oversight and/or Oversight, Market
the Division of Participants
Swap Dealer and Division, and the
Intermediary Division of
Oversight and Clearing and Risk
Division of
Clearing and Risk.
9.31(a)..................... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
------------------------------------------------------------------------
PART 10--RULES OF PRACTICE
0
9. The authority citation in part 10 continues to read as follows:
Authority: Pub. L. 93-463, sec. 101(a)(11), 88 Stat. 1391; 7
U.S.C. 2(a)(12).
Sec. Sec. 10.2, 10.4, 10.10, 10.12, and 10.106 [Amended]
0
10. For each section and paragraph indicated in the left column of the
following table, remove the text in the middle column from wherever it
appears in the section or paragraph, and add in its place the text
indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
10.2(i)..................... that member of the any member of the
Commission's staff Commission's staff
designated as such designated as such
in the Commission's by the Director of
Office of the Office of
Proceedings. Proceedings
[[Page 71808]]
10.4........................ Three Lafayette the Commission's
Centre, 1155 21st Washington, DC
Street, NW., headquarters
Washington, DC
20581.
10.10(a)(1)(iii)............ Deputy General Deputy General
Counsel for Counsel for
Opinions and Review. Litigation,
Enforcement, and
Adjudication
10.10(a)(1)(iii)............ Office of General Office of the
Counsel. General Counsel
10.12(d)(1)................. to Proceedings to the Proceedings
Clerk, Office of Clerk, Office of
Proceedings, Three Proceedings at the
Lafayette Centre, Commission's
1155 21st Street, Washington, DC
NW., Washington, DC headquarters
20581.
10.106(b)(3)................ Nothwithstanding.... Notwithstanding
------------------------------------------------------------------------
PART 11--RULES RELATED TO INVESTIGATIONS
0
11. The authority citation for part 11 continues to read as follows:
Authority: 7 U.S.C. 4a(j), 9, 12, 12a(5) and 15.
Sec. Sec. 11.2 and 11.7 and Appendix A [Amended]
0
12. For each section and paragraph indicated in the left column of the
following table, remove the text in the middle column from wherever it
appears in the section or paragraph, and add in its place the text
indicated in the right column:
------------------------------------------------------------------------
Principal Deputy
11.2(b) Program Coordinator Director
------------------------------------------------------------------------
11.2(b)..................... Regional Counsel.... Deputy Regional
Counsel
11.7(a)..................... Program Coordinator. Principal Deputy
Director
11.7(a)..................... Regional Counsel of Deputy Regional
the Division of Counsel of the
Enforcement, or a Division of
Regional Director Enforcement
of the Commission.
Appendix A.................. Program Coordinator. Principal Deputy
Director
Appendix A.................. Regional Counsel of Deputy Regional
the Division, or a Counsel of the
Regional Director Division of
of the Commission. Enforcement
Appendix A.................. Commodity Futures at the Commission's
Trading Commission, Washington, DC
Three Lafayette headquarters
Centre, 1155 21st
Street, NW.,
Washington, DC
20581.
------------------------------------------------------------------------
PART 12--RULES RELATING TO REPARATIONS
0
13. The authority citation for part 12 continues to read as follows:
Authority: 7 U.S.C. 2(a)(12), 12a(5), and 18.
Sec. Sec. 12.2, 12.11, 12.13, 12.18, and 12.407 [Amended]
0
14. For each section and paragraph indicated in the left column of the
following table, remove the text in the middle column from wherever it
appears in the section or paragraph, and add in its place the text
indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
12.3........................ Three Lafayette the Commission's
Centre, 1155 21st Washington, DC
Street NW, headquarters.
Washington, DC
20581.
12.11(f).................... Three Lafayette at the Commission's
Centre, 1155 21st Washington, DC
Street NW, headquarters
Washington, DC
20581.
12.407(c)(1)................ Statisfaction....... Satisfaction
------------------------------------------------------------------------
0
15. Section 12.2 is amended by revising the definition of ``Proceedings
Clerk.'' The addition and revision read as follows:
Sec. 12.2 Definitions.
* * * * *
Proceedings Clerk means any member of the Commission's staff
designated as such by the Director of the Office of Proceedings;
* * * * *
0
16. In Sec. 12.13, paragraph (b)(3) is revised to read as follows:
Sec. 12.13 Complaint; election of procedure.
* * * * *
(b) * * *
(3) Time and place of filing of complaint. A complaint shall be
filed by delivering a copy thereof, in proper form to the Office of
Proceedings at the Commission's Washington, DC headquarters. The
complaint may be filed in person, during normal business hours, or by
certified mail, or registered mail with return receipt requested. The
complaint shall not be served on any person or party named therein.
Upon the filing of the complaint and the appropriate filing fee, the
Proceedings Clerk shall assign a docket number to the matter and shall
maintain the official docket.
* * * * *
0
17. In Sec. 12.18, paragraph (e) is revised to read as follows:
Sec. 12.18 Answer; election of procedure.
* * * * *
(e) Time and place of filing an answer. An answer shall be filed by
delivering a copy thereof, in proper form to the Office of Proceedings
at the Commission's Washington, DC headquarters. The answer may be
filed in person, during normal business hours, or by certified mail, or
registered mail with return receipt requested.
PART 13--PROCEDURES FOR PETITIONS OF RULEMAKING
0
18. The authority citation for part 13 continues to read as follows:
Authority: 7 U.S.C. 2(a)(12).
[[Page 71809]]
Sec. 13.1 [Amended]
0
19. In Sec. 13.1, remove ``Commodity Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street NW, Washington, DC 20581'' and add
``at the Commission's Washington, DC headquarters'' in its place.
PART 14--RULES RELATING TO SUSPENSION OR DISBARMENT FROM APPEARANCE
AND PRACTICE
0
20. The authority citation for part 14 continues to read as follows:
Authority: Pub. L. 93-463, sec. 101(a)(11), 88 Stat. 1391, 7
U.S.C. 4a(j).
Sec. 14.9 [Amended]
0
21. In Sec. 14.9, remove ``at Three Lafayette Centre, 1155 21st Street
NW, Washington, DC 20581'' and add ``at the Commission's Washington, DC
headquarters'' in its place.
PART 15--REPORTS--GENERAL PROVISIONS
0
22. The authority citation for part 15 continues to read as follows:
Authority: 7 U.S.C. 2, 5, 6a, 6c, 6f, 6g, 6i, 6k, 6m, 6n, 7, 7a,
9, 12a, 19, and 21, as amended by Title VII of the Dodd-Frank Wall
Street Reform and Consumer Protection Act, Pub. L. 111-203, 124
Stat. 1376 (2010).
Sec. Sec. 15.05 and 15.06 [Amended]
0
23. For each section and paragraph indicated in the left column of the
following table, remove the text in the middle column from wherever it
appears in the section or paragraph, and add in its place the text
indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
15.05(d).................... at Three Lafayette at the Commission's
Centre, 1155 21st Washington, DC
Street NW, headquarters
Washington, DC
20581.
15.05(g).................... at Three Lafayette at the Commission's
Centre, 1155 21st Washington, DC
Street NW, headquarters
Washington, DC
20581.
15.05(i)(2)................. at Three Lafayette at the Commission's
Centre, 1155 21st Washington, DC
Street NW, headquarters
Washington, DC
20581.
15.06(a).................... Director of the Director of the
Division of Market Division of Data,
Oversight, to be to be exercised by
exercised by such such Director or by
Director or by such such other employee
other employee or or employees of
employees of such such Director as
Director as designated, and in
designated from consultation with
time to time by the the Director of the
Director. Division of Market
Oversight
------------------------------------------------------------------------
PART 16--REPORTS BY CONTRACT MARKETS AND SWAP EXECUTION FACILITIES
0
24. The authority citation for part 16 continues to read as follows:
Authority: 7 U.S.C. 2, 6a, 6c, 6g, 6i, 7, and 7b-3.
Sec. 16.07 [Amended]
0
25. For each paragraph indicated in the left column of the following
table, remove the text in the middle column from wherever it appears in
the section or paragraph, and add in its place the text indicated in
the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
16.07 (section heading)..... Office of Data and Division of Data
Technology.
16.07(a).................... Office of Data and Division of Data
Technology.
16.07(a).................... designate from time designate
to time.
16.07(a).................... designated from time designated
to time.
16.07(a).................... paragraph (d) of paragraph (d) of
this section to the this section to the
Director of the Director of the
Division of Market Division of Data,
Oversight,
16.07(b).................... to, with the to determine
concurrence of the
Director of the
Division of Market
Oversight or the
Director's
delegate, determine.
16.07(c).................... to, with the to approve
concurrence of the
Director of the
Division of Market
Oversight or the
Director's
delegate, approve.
------------------------------------------------------------------------
PART 17--REPORTS BY REPORTING MARKETS, FUTURES COMMISSION
MERCHANTS, CLEARING MEMBERS, AND FOREIGN BROKERS
0
26. The authority citation for part 17 continues to read as follows:
Authority: 7 U.S.C. 2, 6a, 6c, 6d, 6f, 6g, 6i, 6t, 7, 7a, and
12a.
Sec. 17.03 [Amended]
0
27. For each paragraph indicated in the left column of the following
table, remove the text in the middle column from wherever it appears in
the section or paragraph, and add in its place the text indicated in
the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
17.03 (section heading)..... Office of Data and Division of Data
Technology.
17.03 introductory text..... Office of Data and Division of Data
Technology.
17.03 introductory text..... designated from time designated
to time.
17.03(a).................... Office of Data and Division of Data
Technology.
17.03(b).................... Office of Data and Division of Data
Technology.
17.03(c).................... Office of Data and Division of Data
Technology.
17.03(d).................... Office of Data and Division of Data
Technology.
17.03(e).................... Office of Data and Division of Data
Technology.
[[Page 71810]]
17.03(e).................... designate from time designate,
to time,.
17.03(f).................... Office of Data and Division of Data
Technology.
17.03(f).................... designate from time designate,
to time,.
17.03(g).................... Division of Market Division of Data
Oversight.
17.03(h).................... Division of Market Division of Data
Oversight.
17.03(i).................... Director of the Director of the
Office of Data and Division of Data
Technology.
------------------------------------------------------------------------
PART 18--REPORTS BY TRADERS
0
28. The authority citation for part 18 continues to read as follows:
Authority: 7 U.S.C. 2, 4, 5, 6a, 6c, 6f, 6g, 6i, 6k, 6m, 6n, 6t,
12a, and 19.
Sec. 18.03 [Amended]
0
29. For each paragraph indicated in the left column of the following
table, remove the text in the middle column from wherever it appears in
the section or paragraph, and add in its place the text indicated in
the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
18.03(a).................... designate from time designate.
to time..
18.03(b).................... designate from time designate.
to time..
18.03(b).................... Office of Data and Division of Data
Technology.
18.03(c).................... Office of Data and Division of Data
Technology.
------------------------------------------------------------------------
PART 20--LARGE TRADER REPORTING FOR PHYSICAL COMMODITY SWAPS
0
30. The authority citation for part 20 continues to read as follows:
Authority: 7 U.S.C. 1a, 2, 5, 6, 6a, 6c, 6f, 6g, 6t, 12a, 19.
Sec. 20.8 [Amended]
0
31. For each paragraph indicated in the left column of the following
table, remove the text in the middle column from wherever it appears in
the section or paragraph, and add in its place the text indicated in
the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
20.8(a)..................... designate from time designate,
to time,.
20.8(b)..................... Director of the Director of the
Division of Market Division of Data,
Oversight. in consultation
with the Director
of the Division of
Market Oversight
20.8(b)..................... designate from time designate,
to time,.
20.8(c)..................... designate from time designate,
to time,.
20.8(c)..................... Office of Data and Division of Data
Technology.
20.8(d)..................... Office of Data and Division of Data, or
Technology, with such other employee
the concurrence of or employees as the
the Director of the Director may
Division of Market designate
Oversight, or such
other employee or
employees as the
Directors each may
designate from time
to time.
20.8(e)..................... Office of Data and Division of Data
Technology.
------------------------------------------------------------------------
PART 23--SWAP DEALERS AND MAJOR SWAP PARTICIPANTS
0
32. The authority citation for part 23 continues to read as follows:
Authority: 7 U.S.C. 1a, 2, 6, 6a, 6b, 6b-1, 6c, 6p, 6r, 6s, 6t,
9, 9a, 12, 12a, 13b, 13c, 16a, 18, 19, 21.
Section 23.160 also issued under 7 U.S.C. 2(i); Sec. 721(b),
Pub. L. 111-203, 124 Stat. 1641 (2010).
Sec. Sec. 23.23, 23.102, 23.160 and 23.206 [Amended]
0
33. For each section and paragraph indicated in the left column of the
following table, remove the text in the middle column from wherever it
appears in the section or paragraph, and add in its place the text
indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
23.23(g)(8)................. Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
23.23(g)(8)................. designate from time designate,
to time,.
23.102(e)(3)................ Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
23.160(c)(7)................ Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
23.160(c)(7)................ designate from time designate,
to time,.
23.206 (section heading).... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
23.206(a)................... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
23.206(a)................... designate from time designate,
to time,.
23.206(b)................... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
------------------------------------------------------------------------
[[Page 71811]]
PART 30--FOREIGN FUTURES AND FOREIGN OPTIONS TRANSACTIONS
0
34. The authority citation for part 30 continues to read as follows:
Authority: 7 U.S.C. 1a, 2, 6, 6c, and 12a, unless otherwise
noted.
Sec. Sec. 30.7 and 30.13 and Appendix E and F [Amended]
0
35. For each section and paragraph indicated in the left column of the
following table, remove the text in the middle column from wherever it
appears in the section or paragraph, and add in its place the text
indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
30.7(d)(3)(i)............... director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
30.7(d)(3)(i)............... director's designees Director's designees
30.7(d)(3)(ii).............. director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
30.7(d)(3)(ii).............. director's designees Director's designees
30.7(d)(5).................. director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
30.7(d)(5).................. director of the Director of the
Division of Division of
Clearing and Risk. Clearing and Risk
30.7(d)(5).................. directors' designees Directors' designees
30.7(d)(6).................. director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
30.7(d)(6).................. director of the Director of the
Division of Division of
Clearing and Risk. Clearing and Risk
30.7(d)(6).................. directors' designees Directors' designees
30.13(f)(1)................. Office of General Office of the
Counsel. General Counsel
30.13(n).................... Office of General Office of the
Counsel. General Counsel
30.13(o).................... Director of Market Director of the
Oversight or his Division of Market
designee,. Oversight or their
designee,
30.13(o).................... the General Counsel the General Counsel
or his designee. or their designee
Appendix E.................. director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
Appendix E.................. director of the Director of the
Division of Division of
Clearing and Risk. Clearing and Risk
Appendix E.................. directors' designees Directors' designees
Appendix F.................. director of the Director of the
Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
Appendix F.................. director of the Director of the
Division of Division of
Clearing and Risk. Clearing and Risk
Appendix F.................. directors' designees Directors' designees
------------------------------------------------------------------------
PART 31--LEVERAGE TRANSACTIONS
0
36. The authority citation for part 31 continues to read as follows:
Authority: 7 U.S.C. 12a and 23, unless otherwise noted.
0
37. In Sec. 31.13, revise paragraph (n) and the undesignated text
following paragraph (n)(1) to read as follows:
Sec. 31.13 Financial reports of leverage transaction merchants.
* * * * *
(n) * * *
(1) Until such time as the Commission orders, otherwise, the
Commission hereby delegates to the Director of the Market Participants
Division or their designee the authority to perform all functions
reserved to the Commission in this section.
(2) The Director of the Market Participants Division may submit to
the Commission for its consideration any matter which has been
delegated to them pursuant to paragraph (n)(1) of this section.
Sec. Sec. 31.14, 31.28 and Appendix A [Amended]
0
38. For each section and paragraph indicated in the left column of the
following table, remove the text in the middle column from wherever it
appears in the section or paragraph, and add in its place the text
indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
31.14(a).................... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
31.28(j).................... give telegraphic give electronic
notice of that notice of that
event to the event to
principal office of [email protected]
the Commission in
Washington, DC.
Appendix A.................. attention of the Commission at its
Office of the Washington, DC
Secretariat, headquarters, Attn:
Commodity Futures Financial
Trading Commission, Management Branch
Three Lafayette
Centre, 1155 21st
Street NW,
Washington, DC
20581.
------------------------------------------------------------------------
PART 37--SWAP EXECUTION FACILITIES
0
39. The authority citation for part 37 continues to read as follows:
Authority: 7 U.S.C. 1a, 2, 5, 6, 6c, 7, 7a-2, 7b-3, and 12a, as
amended by Titles VII and VIII of the Dodd-Frank Wall Street Reform
and Consumer Protection Act, Pub. L. 111-203, 124 Stat. 1376.
Sec. 37.3 [Amended]
0
40. In Sec. 37.3(h), remove ``General Counsel's delegate'' and add
``General Counsel's designee'' in its place.
PART 41--SECURITY FUTURES PROJECTS
0
41. The authority citation for part 41 continues to read as follows:
Authority: Sections 206, 251 and 252, Pub. L. 106-554, 114 Stat.
2763, 7 U.S.C. 1a, 2, 6f, 6j, 7a-2, 12a; 15 U.S.C. 78g(c)(2).
[[Page 71812]]
0
42. Amend Sec. 41.3 by revising paragraph (d) to read as follows:
Sec. 41.3 Application for an exemptive order pursuant to section
4f(a)(4)(B) of the Act.
* * * * *
(d) An application for an order must be submitted to the Director
of the Market Participants Division, at the Commission's Washington, DC
headquarters if in paper form, or to [email protected] if submitted
via electronic mail.
* * * * *
PART 43--REAL-TIME PUBLIC REPORTING
0
43. The authority citation for part 43 continues to read as follows:
Authority: 7 U.S.C. 2(a), 12a(5) and 24a, as amended by Pub. L.
111-203, 124 Stat. 1376 (2010).
0
44. In Sec. 43.3, revise paragraph (e)(1)(ii) to read as follows:
Sec. 43.3 Method and timing for real-time public reporting.
* * * * *
(e) * * *
(1) * * *
(ii) Notification of failure to timely correct. If the swap
execution facility, designated contract market, or reporting
counterparty will, for any reason, fail to timely correct an error, the
swap execution facility, designated contract market, or reporting
counterparty shall notify the Director of the Division of Data, or such
other employee or employees of the Commission as the Director may
designate. The notification shall be in the form and manner, and
according to the instructions, specified by the Director of the
Division of Data in concurrence with the Director of the Division of
Market Oversight, or such other employee or employees of the Commission
as the respective Director may designate. Unless otherwise instructed
by the Director of the Division of Data, or such other employee or
employees of the Commission as the Director may designate from time to
time, the notification shall include an initial assessment of the scope
of the error or errors that were discovered, and shall include any
initial remediation plan for correcting the error or errors, if an
initial remediation plan exists. This notification shall be made within
12 hours of the swap execution facility's, designated contract
market's, or reporting counterparty's determination that it will fail
to timely correct the error.
* * * * *
Sec. 43.7 [Amended]
0
45. For each paragraph indicated in the left column of the following
table, remove the text in the middle column from wherever it appears in
the section or paragraph, and add in its place the text indicated in
the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
43.7(a)..................... the Director of the the Director of the
Division of Market Division of Data
Oversight.
43.7(a)..................... designate from time designate
to time.
43.7(b)..................... The Director of the The Director of the
Division of Market Division of Data
Oversight may. may
------------------------------------------------------------------------
PART 45--SWAP DATA RECORDKEEPING AND REPORTING REQUIREMENTS
0
46. The authority citation for part 45 continues to read as follows:
Authority: 7 U.S.C. 6r, 7, 7a-1, 7b-3, 12a, and 24a, as amended
by Title VII of the Wall Street Reform and Consumer Protection Act
of 2010, Pub. L. 111-203, 124 Stat. 1376 (2010), unless otherwise
noted.
0
47. In Sec. 43.14, revise paragraph (a)(1)(ii) to read as follows:
Sec. Sec. 45.14 Correcting errors in swap data and verification of
swap data accuracy.
(a) * * *
(1) * * *
(ii) Notification of failure to timely correct. If the swap
execution facility, designated contract market, or reporting
counterparty will, for any reason, fail to timely correct an error, the
swap execution facility, designated contract market, or reporting
counterparty shall notify the Director of the Division of Data, or such
other employee or employees of the Commission as the Director may
designate. The notification shall be in the form and manner, and
according to the instructions, specified by the Director of the
Division of Data in concurrence with the Director of the Division of
Market Oversight, or such other employee or employees of the Commission
as the respective Director may designate. Unless otherwise instructed
by the Director of the Division of, the notification shall include an
initial assessment of the scope of the error or errors that were
discovered, and shall include any initial remediation plan for
correcting the error or errors, if an initial remediation plan exists.
This notification shall be made within 12 hours of the swap execution
facility's, designated contract market's, or reporting counterparty's
determination that it will fail to timely correct the error.
* * * * *
0
48. In Sec. 43.15, revise paragraphs (a) introductory text, (a)(4),
(b) introductory text, and (b)(4) to read as follows:
Sec. 45.15 Delegation of authority.
(a) Delegation of authority to the Director of the Division of
Data. The Commission hereby delegates to its Director of the Division
of Data, until the Commission orders otherwise, the authority set forth
in paragraph (a) of this section, to be exercised by the Director of
the Division of Data or by such other employee or employees of the
Commission as may be designated by the Director of the Division of
Data. The Director of the Division of Data may submit to the Commission
for its consideration any matter which has been delegated in this
paragraph. Nothing in this paragraph prohibits the Commission, at its
election, from exercising the authority delegated in this paragraph.
The authority delegated to the Director of the Division of Data by this
paragraph (a) shall include:
* * * * *
(4) The Director of the Division of Data shall publish in the
Federal Register and on the website of the Commission the format, data
schema, electronic data transmission methods and procedures, and dates
and times for reporting acceptable to the Commission with respect to
swap data reporting pursuant to Sec. 45.11.
(b) Delegation of authority to the Director of the Division of
Data. The Commission hereby delegates to the Director of the Division
of Data, until the Commission orders otherwise, the authority set forth
in Sec. 45.13(a)(1), to be exercised by the Director of the Division
of Data or by such other employee or employees of the Commission as may
be designated by the Director of the Division of Data. The Director of
the Division of Data may submit to the Commission for its consideration
any matter which has been delegated pursuant to this paragraph. Nothing
in this paragraph prohibits the Commission, at its election, from
exercising the authority delegated in this paragraph. The authority
delegated
[[Page 71813]]
to the Director of the Division of Data by this paragraph (b) shall
include:
* * * * *
(4) The Director of the Division of Data shall publish from time to
time in the Federal Register and on the website of the Commission the
technical specifications for swap data reporting pursuant to Sec.
45.13(a)(1).
PART 46--SWAP DATA RECORDKEEPING AND REPORTING REQUIREMENTS: PRE-
ENACTMENT AND TRANSITION SWAPS
0
49. The authority citation for part 46 continues to read as follows:
Authority: Title VII, sections 723 and 729, Pub. L. 111-203, 124
Stat. 1738.
0
50. Amend Sec. 46.8 by:
0
a. Revising paragraph (c) introductory text; and
0
b. In paragraph (d), removing the term ``Chief Information Officer''
and adding, in its place, the term, ``Director of the Division of
Data''.
The revision reads as follows:
Sec. 46.8 Data reporting for swaps in a swap asset class not accepted
by any swap data repository.
* * * * *
(c) Delegation of authority to the Director of the Division of
Data: The Commission hereby delegates to its Director of the Division
of Data, until the Commission orders otherwise, the authority set forth
in this paragraph (c), to be exercised by the Director of the Division
of Data or by such other employee or employees of the Commission as may
be designated by the Director of the Division of Data. The Director of
the Division of Data may submit to the Commission for its consideration
any matter which has been delegated in this paragraph. Nothing in this
paragraph prohibits the Commission, at its election, from exercising
the authority delegated in this paragraph. The authority delegated to
the Director of the Division of Data by paragraph (c) of this section
shall include:
* * * * *
PART 49--SWAP DATA REPOSITORIES
0
51. The authority citation for part 49 continues to read as follows:
Authority: 7 U.S.C. 1a, 2(a), 6r, 12a, and 24a, as amended by
Title VII of the Wall Street Reform and Consumer Protection Act of
2010, Pub. L. 111-203, 124 Stat. 1376 (Jul. 21, 2010), unless
otherwise noted.
0
52. Sec. 49.31 is revised to read as follows:
Sec. 49.31 Delegation of authority to the Directors of the Division
of Market Oversight and Division of Data relating to certain part 49
matters.
(a) The Commission hereby delegates, until such time as the
Commission orders otherwise, the following functions to the Director of
the Division of Market Oversight and to such members of the Commission
staff acting under their direction as they may designate:
(1) All functions reserved to the Commission in Sec. 49.5.
(2) All functions reserved to the Commission in Sec. 49.12.
(3) All functions reserved to the Commission in Sec. 49.13.
(4) All functions reserved to the Commission in Sec. 49.16.
(5) All functions reserved to the Commission in Sec. 49.17.
(6) All functions reserved to the Commission in Sec. 49.18.
(7) All functions reserved to the Commission in Sec. 49.22.
(8) All functions reserved to the Commission in Sec. 49.23.
(9) All functions reserved to the Commission in Sec. 49.24
(10) All functions reserved to the Commission in Sec. 49.25.
(11) All functions reserved to the Commission in Sec. 49.29.
(12) All functions reserved to the Commission in Sec. 49.30.
(b) The Commission hereby delegates, until such time as the
Commission orders otherwise, the following functions to the Director of
the Division of Data and to such members of the Commission staff acting
under their direction as they may designate:
(1) All functions reserved to the Commission in Sec. 49.9.
(2) All functions reserved to the Commission in Sec. 49.10.
(c) The Director of the Division of Market Oversight, and,
separately, the Director of the Division of Data may submit to the
Commission for its consideration any matter that has been delegated
under this section.
(d) Nothing in this section may prohibit the Commission, at its
election, from exercising the authority delegated in this section.
PART 140--ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION
0
53. The authority citation for part 140 continues to read as follows:
Authority: 7 U.S.C. 2(a)(12), 12a, 13(c), 13(d), 13(e), and
16(b).
Sec. Sec. 140.2, 140.11, 140.13, 140.24, 140.72, 140.73, 140.75,
140.76, 140.91, 140.92, 140.93, 140.94, 140.95, 140.96, and
140.99 [Amended]
0
54. For each section and paragraph indicated in the left column of the
following table, remove the text in the middle column from wherever it
appears in the section or paragraph, and add in its place the text
indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
140.2 section heading........... regional Regional
coordinator. Administrator
140.2(a)........................ 140 Broadway, New 290 Broadway, 6th
York, New York, Floor, New York,
10005. NY 10007
140.2(b)........................ 525 West Monroe 77 W. Jackson
Street, Suite Blvd., Suite 800,
1100, Chicago, Chicago, IL 60604
Illinois 60661.
140.2(c)........................ Two Emanuel 2600 Grand Blvd,
Cleaver II Blvd., Suite 210, Kansas
Suite 300, Kansas City, MO 64108
City, Missouri
64112.
140.2........................... Regional Regional
Coordinator. Administrator
140.11(a)....................... principal offices Commission
of the commission. headquarters
140.11(a)....................... the Chairman, the the Chairman and
Vice-Chairman,
and.
140.11(b)(1).................... the Commission's the Commission's
offices in Washington, DC
Washington, DC. headquarters
140.11(b)(1).................... General Counsel or General Counsel or
his deputy. their deputy
140.11(c)....................... Senior Senior
Commissioner or Commissioner or
at his direction. at their
direction
140.13.......................... until such time as until such time as
his appointment their appointment
as Chairman. as Chairman
140.24(a)(4).................... Executive Director Executive Director
or his delegee. or their designee
[[Page 71814]]
140.24(a)(6).................... Executive Director Executive Director
or his delegee. or their designee
in consultation
with the General
Counsel or their
designee
140.72(a)....................... Division of Swap Market
Dealer and Participants
Intermediary Division
Oversight.
140.72(a)....................... the Director of the Director of
the Division of the Division of
Market Oversight, Market Oversight,
the Director of the Director of
the Division of the Division of
Enforcement, Data, the
Director of the
Division of
Enforcement,
140.72(a)....................... may designate from may designate
time to time.
140.72(b)....................... Regional Regional
Coordinator. Administrator
140.73(a)....................... Division of Swap Market
Dealer and Participants
Intermediary Division
Oversight.
140.73(a)....................... may designate from may designate
time to time.
140.73(a)....................... the Director of the Director of
the Division of the Division of
Enforcement, the Enforcement, the
Director of the Director of the
Division of Division of Data,
Market Oversight, the Director of
the Division of
Market Oversight,
140.73(b)....................... his or her........ their
140.73(b)....................... Director of Market Director of Market
Oversight or in Oversight or in
his or her their absence
absence each each Deputy
Deputy Director Director of the
of the Division Division to
or for the release
Director of the
Market
Surveillance
Section to
release.
140.75 (section heading)........ Director of the Director of the
Division of Division of
Clearing and Risk Clearing and Risk
and Division of and to the
Swap Dealer and Director of the
Intermediary Market
Oversight. Participants
Division
140.75.......................... Director of the Director of the
Division of Division of
Clearing and Risk Clearing and Risk
and Division of and to the
Swap Dealer and Director of the
Intermediary Market
Oversight. Participants
Division
140.75.......................... acting under his acting under their
or her direction direction as
as the Director either Director
may designate may designate
from time to time.
140.75.......................... Director of Director of the
Trading and Division of
Markets or any Clearing and
Commission Risk, the
employee Director of the
designated by the Market
Director. Participants
Division, or any
Commission
employee
designated by
either Director
140.75.......................... Director of the Director of the
Division of Division of
Clearing and Risk Clearing and Risk
and Division of or the Director
Swap Dealer and of the Market
Intermediary Participants
Oversight. Division
140.76(a)....................... Director of the Director of the
Division of Division of
Clearing and Risk Clearing and
and Division of Risk, the
Swap Dealer and Director of the
Intermediary Market
Oversight, the Participants
General Counsel Division, the
or any. General Counsel,
or any Commission
employee under
their direction
as they may
designate
140.76(b)....................... Director of the Director of the
Division of Division of
Clearing and Risk Clearing and
and Division of Risk, the
Swap Dealer and Director of the
Intermediary Market
Oversight. Participants
Division
140.91 (section heading)........ Division of Swap Market
Dealer and Participants
Intermediary Division
Oversight.
140.91(a)....................... Director of the Director of the
Division of Division of
Clearing and Risk Clearing and Risk
and Division of and to the
Swap Dealer and Director of the
Intermediary Market
Oversight and to Participants
such members of Division and to
the Commission's such members of
staff acting the Commission's
under his staff acting
direction as he under their
may designate direction as they
from time to may designate:
time:
140.91(a)(13)................... Any action taken Any action taken
pursuant to the pursuant to the
delegation of delegation of
authority under authority under
this paragraph this paragraph
(a)(12) shall be (a)(13) shall be
made with the made with the
concurrence of concurrence of
the General the General
Counsel or, in Counsel or, in
his or her their absence, a
absence, a Deputy Deputy General
General Counsel. Counsel.
140.91(b)....................... The Director of The Director of
the Division of the Division of
Clearing and Risk Clearing and Risk
and the Director and the Director
of the Division of the Market
Swap Dealer and Participants
Intermediary Division may
Oversight may submit any matter
submit any matter which has been
which has been delegated to them
delegated to him
or her.
140.92(a)....................... Director of the Director of the
Division of Division of
Clearing and Risk Clearing and Risk
and Division of and to the
Swap Dealer and Director of the
Intermediary Market
Oversight and to Participants
such members of Division and to
the Commission's such members of
staff acting the Commission's
under his staff acting
direction as he under their
may designate. direction as they
may designate
140.92(b)....................... The Director of The Director of
the Division of the Division of
Clearing and Risk Clearing and Risk
and Division Swap and the Director
Dealer and of the Market
Intermediary Participants
Oversight may Division may
submit any matter submit any matter
which has been which has been
delegated to him. delegated to them
140.92(c)....................... Director of the Director of the
Division of Division of
Clearing and Risk Clearing and Risk
and Division of and to the
Swap Dealer and Director of the
Intermediary Market
Oversight. Participants
Division
[[Page 71815]]
140.93 section heading.......... Division of Swap Market
Dealer and Participants
Intermediary Division
Oversight.
140.93(a)....................... Director of the Director of the
Division of Division of
Clearing and Risk Clearing and Risk
and Division of and to the
Swap Dealer and Director of the
Intermediary Market
Oversight and to Participants
such members of Division and to
the Commission's such members of
staff acting the Commission's
under his staff acting
direction as he under their
may designate direction as they
from time to time. may designate
140.93(b)....................... The Director of The Director of
the Division of the Division of
Clearing and Risk Clearing and Risk
and Division Swap and the Director
Dealer and of the Market
Intermediary Participants
Oversight may Division may
submit any matter submit any matter
which has been which has been
delegated to him. delegated to them
140.93(c)....................... Director of the Director of the
Division of Division of
Clearing and Risk Clearing and Risk
and Division of and the Director
Swap Dealer and of the Market
Intermediary Participants
Oversight. Division
140.94 (section heading)........ Director of the Director of the
Division of Swap Market
Dealer and Participants
Intermediary Division and to
Oversight and the the Director of
Director of the the Division of
Division of Clearing and Risk
Clearing and Risk.
140.94(a)....................... Director of the Director of the
Division of Swap Market
Dealer and Participants
Intermediary Division and to
Oversight and to such members of
such members of the Commission's
the Commission's staff acting
staff acting under their
under his or her direction as they
direction as he may designate
or she may
designate from
time to time.
140.94(b)....................... Division of Swap Market
Dealer and Participants
Intermediary Division
Oversight.
140.94(c)....................... under his or her under their
direction as he direction as they
or she may may designate:
designate from
time to time:.
140.94(d)....................... delegated to him delegated to them
or her.
140.94(e)....................... Division of Swap Market
Dealer and Participants
Intermediary Division
Oversight.
140.95(a)....................... Director of the Director of the
Division of Division of
Clearing and Risk Clearing and Risk
and Division of and to the
Swap Dealer and Director of the
Intermediary Market
Oversight and to Participants
such members of Division and to
the Commission's such members of
staff acting the Commission's
under his staff acting
direction as he under their
may designate. direction as they
may designate
140.95(b)....................... Director of the Director of the
Division of Division of
Clearing and Risk Clearing and Risk
and Division of and the Director
Swap Dealer and of the Market
Intermediary Participants
Oversight may Division may
submit any matter submit any matter
which has been which has been
delegated to him. delegated to them
140.95(c)....................... Director of the Director of the
Division of Division of
Clearing and Risk Clearing and Risk
and Division of and to the
Swap Dealer and Director of the
Intermediary Market
Oversight. Participants
Division
140.96(a)....................... Director of the Director of the
Division of Division of
Market Oversight Market Oversight
or the Director's or the Director's
designee, designee, or the
Director of the
Division of Data
or the Director's
designee,
140.96(b)....................... the Director of the Director of
Swap Dealer and the Market
Intermediary Participants
Oversight or the Division or the
Director's Director's
designee, and to designee, and to
the Director of the Director of
the Division of the Division of
Clearing and Risk Clearing and Risk
or the Director's or the Director's
designee or the designee, with
Director's the concurrence
designee, with of the General
the concurrence Counsel or the
of the General General Counsel's
Counsel or the designee, the
General Counsel's authority to
designee, the determine to
authority to publish, and to
determine to publish, in the
publish, and to Federal Register,
publish, in the requests for
Federal Register, public comment on
requests for proposed rule
public comment on amendments by a
proposed exchange derivatives
and self- clearing
regulatory organization,
organization rule designated
amendments. contract market,
swap data
repository, swap
execution
facility, or
registered
futures
association.
140.96(c)....................... Director of the Director of the
Division of Swap Market
Dealer and Participants
Intermediary Division or the
Oversight or the Director of the
Director of the Division of
Division of Clearing and Risk
Clearing and Risk. or the Director
of the Division
of Data
140.96(d)....................... Director of the Director of the
Division of Division of
Market Oversight Market Oversight
and to the or to the
Director of the Director of the
Division of Swap Market
Dealer and Participants
Intermediary Division or to
Oversight or the the Director of
Director of the the Division of
Division of Clearing and Risk
Clearing and Risk. or to the
Director of the
Division of Data
140.99(a)(5).................... Division of Swap Market
Dealer and Participants
Intermediary Division, the
Oversight, the Division of
Division of Clearing and
Clearing and Risk Risk, the
or the Division Division of
of Market Market Oversight,
Oversight. the Division of
Data, or the
Office of the
General Counsel,
or any successor
divisions or
organizational
units, as the
context requires
[[Page 71816]]
140.99(d)(2)(ii)................ Director of the Director of the
Division of Swap Market
Dealer and Participants
Intermediary Division
Oversight.
140.99(d)(2)(ii)................ Director, Division Director of the
of Clearing and Division of
Risk, Commodity Clearing and Risk
Futures Trading at the
Commission, Three Commission's
Lafayette Centre, Washington, DC
1155 21st Street headquarters.
NW, Washington,
DC 20581.
140.99(d)(2)(iii)............... Director, Division Director of the
of Swap Dealer Market
and Intermediary Participants
Oversight, Division at the
Commodity Futures Commission's
Trading Washington, DC
Commission, Three headquarters.
Lafayette Centre,
1155 21st Street
NW, Washington,
DC 20581.
140.99(d)(2)(iv)................ or or
dsioletters@cftc. [email protected]
gov (for a ov (for a request
request filed filed with the
with the Division Division of
of Swap Dealer Data), or
and Intermediary [email protected]
Oversight), as ov (for a request
appropriate, and filed with the
a properly signed Market
paper copy of the Participants
request must be Division), as
provided to the appropriate, and
Division of a properly signed
Market Oversight, paper copy of the
the Division of request must be
Clearing and provided to the
Risk, or the Division of
Division of Swap Market Oversight,
Dealer and the Division of
Intermediary Data, the
Oversight, as Division of
appropriate, Clearing and
within ten days Risk, or the
for purposes of Market
verification of Participants
the electronic Division, as
submission. appropriate,
pursuant to
paragraphs
(d)(2)(i) through
(iii) of this
section, as
applicable,
within ten days
for purposes of
verification of
the electronic
submission.
------------------------------------------------------------------------
0
55. Section 140.99 is further amended by revising paragraph (d)(2)(i)
to read as follows:
Sec. 140.99 Requests for exemptive, no-action and interpretative
letters
* * * * *
(d) * * *
(2)(i)(A) A request for a letter relating to the provisions of the
Act or the Commission's rules, regulations, or orders issued thereunder
governing designated contract markets, registered swap execution
facilities, registered swap data repositories, registered foreign
boards of trade, the nature of particular transactions and whether they
are exempt or excluded from being required to be traded on one of the
foregoing entities, made available for trading determinations, position
limits, hedging exemptions, the trading of block trades, or position
aggregation treatment shall be filed with the Director, Division of
Market Oversight, Commodity Futures Trading Commission, at the
Commission's Washington, DC headquarters.
(B) A request for a letter regarding the form and manner of data
reporting, data standards for reporting, or the content of any trade
report or form to be submitted to the Commission, under Parts 15-20,
43, 45, 46, or 49, shall be filed with the Director, Division of Data
at the Commission's Washington, DC headquarters.
* * * * *
PART 142--INDEMNIFICATION OF CFTC EMPLOYEES
0
56. The authority citation for part 142 continues to read as follows:
Authority: 7 U.S.C. 4a(j).
Sec. 142.2 [Amended]
0
57. In Sec. 142.2(d), remove ``Office of General Counsel'' and add
``Office of the General Counsel'' in its place.
PART 144--PROCEDURES REGARDING THE DISCLOSURE OF INFORMATION AND
THE TESTIMONY OF PRESENT OR FORMER OFFICERS AND EMPLOYEES IN
RESPONSE TO SUBPOENAS OR OTHER DEMANDS OF A COURT
0
58. The authority citation for part 144 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 4a(j) and 12a(5); 31 U.S.C.
9701, unless otherwise noted.
Sec. Sec. 144.1 and 144.5 [Amended]
0
59. For each section and paragraph indicated in the left column of the
following table, remove the text in the middle column from wherever it
appears in the section or paragraph, and add in its place the text
indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
144.1(b).................... Three Lafayette at the Commission's
Centre, 1155 21st Washington, DC
Street NW, headquarters.
Washington, DC
20581.
144.1(e).................... National Futures National Futures
Association, 200 Association, 300 S
West Madison Riverside Plaza,
Street, Suite 1600, Suite 1800,
Chicago, Illinois Chicago, IL 60606
60606.
144.5(a).................... Commission's office Commission's
in Washington, DC. Washington, DC
headquarters
------------------------------------------------------------------------
PART 145--COMMISSION RECORDS AND INFORMATION
0
60. The authority citation for part 145 continues to read as follows:
Authority: Pub. L. 99-570, 100 Stat. 3207; Pub. L. 89-554, 80
Stat. 383; Pub. L. 90-23, 81 Stat. 54; Pub. L. 98-502, 88 Stat.
1561-1564 (5 U.S.C. 552); Sec. 101(a), Pub. L. 93-463, 88 Stat. 1389
(5 U.S.C. 4a(j)); Pub. L. 114-185, 130 Stat. 538; unless otherwise
noted.
Section 145.5 is also issued under 5 U.S.C. 552, 5 U.S.C. 552b,
and secs. 2(a)(11), 4b, 4f, 4g, 5a, 8a, and 17 of the Commodity
Exchange Act, 7 U.S.C. 2, 4a(j), 6b, 6f, 6g, 7a, 12a, and 21, as
amended, 92 Stat. 865 et seq.; secs. 2(a)(1), 4c(a)-(d), 4d, 4f, 4g,
4k, 4m, 4n, 8a, 15 and 17, Commodity Exchange Act (7 U.S.C. 2, 4,
6c(a)-(d), 6f, 6g, 6k, 6m, 6n, 12a, 19 and 21; 5 U.S.C. 552 and
552b); secs. 2(a)(11) and 8 of the Commodity Exchange Act, 7 U.S.C.
4(j) and 12 (1983); secs. 8a(5) and 19 of the Commodity Exchange
Act, as
[[Page 71817]]
amended, 7 U.S.C. 12a(5) and 23 (1982); 5 U.S.C. 552 and 552b.
Section 145.6 is also issued under 7 U.S.C. 2, 4, 6, and 12;
secs. 2(a)(1), 4c, 4d, 4e, 4f, 4k, 4m, 4n, 4p, 8, 8a and 19 of the
Commodity Exchange Act (7 U.S.C. 2 and 4, 6c, 6d, 6e, 6f, 6k, 6m,
6n, 6p, 12, 12a and 23 (1982)); 5 U.S.C. 552 and 552b.
Section 145.8 is also issued under 7 U.S.C. 4a(j) and 16a as
amended by Pub. L. 97-444, 96 Stat. 2294 (1983), and 5 U.S.C. 552,
552a and 552b.
0
61. In Sec. 145.0, revise paragraph (a) to read as follows:
Sec. 145.0 Definitions.
* * * * *
(a) FOIA Compliance Staff--refers to the Freedom of Information Act
compliance staff assigned to respond to requests for information under
the Freedom of Information Act.
* * * * *
Sec. Sec. 145.2, 145.6, 145.7, 145.8, and 145.9 and Appendix
A [Amended]
0
62. For each section and paragraph indicated in the left column of the
following table, remove the text in the middle column from wherever it
appears in the section or paragraph, and add in its place the text
indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
145.2....................... principal office of Commission's
the Commission in Washington, DC
Washington, DC. headquarters
145.6(b)(1)................. National Futures National Futures
Association, 200 Association, 300 S
West Madison Riverside Plaza,
Street, Suite 1600, Suite 1800,
Chicago, Illinois Chicago, IL 60606
60606.
145.7(b).................... Office of General Office of the
Counsel. General Counsel
145.7(c).................... Office of General Office of the
Counsel. General Counsel
145.7(f).................... Office of General Office of the
Counsel. General Counsel
145.7(g).................... Office of General Office of the
Counsel. General Counsel
145.7(h)(1)................. Compliance Staff.... FOIA compliance
staff
145.7(h)(2)................. Compliance Staff.... FOIA compliance
staff
145.7(h)(3)................. Office of General Office of the
Counsel. General Counsel
145.7(h)(3)................. Compliance Staff.... FOIA compliance
staff
145.7(i)(2)................. Office of General Office of the
Counsel. General Counsel
145.7(i)(2)................. Compliance Staff.... FOIA compliance
staff
145.7(i)(5)................. Office of General Office of the
Counsel. General Counsel
145.7(i)(6)................. Compliance Staff.... FOIA compliance
staff
145.7(i)(6)(iii)............ Compliance Staff.... FOIA compliance
staff
145.7(i)(7)................. Office of General Office of the
Counsel. General Counsel
145.7(j).................... Office of General Office of the
Counsel. General Counsel
145.7(j).................... Compliance Staff.... FOIA compliance
staff
145.8....................... Compliance Staff.... FOIA compliance
staff
145.9(d)(2)................. Assistant Secretary Office of the
of the Commission General Counsel at
for FOI, Privacy the Commission's
and Sunshine Acts Washington, DC
Compliance. headquarters, Attn:
FOIA compliance
staff
145.9(d)(3)................. Assistant Secretary FOIA compliance
of the Commission staff
for FOI, Privacy
and Sunshine Acts
Compliance.
145.9(d)(7)................. Assistant Secretary. FOIA compliance
staff
145.9(d)(9)................. Assistant Secretary FOIA compliance
of the Commission staff
for FOI, Privacy
and Sunshine Acts
Compliance or his
or her designee.
145.9(d)(9)................. Assistant Secretary FOIA compliance
or his or her staff
designee.
145.9(e)(1)................. Assistant Secretary FOIA compliance
or his or her staff
designee.
145.9(e)(1)................. Assistant Secretary FOIA compliance
of the Commission staff
for FOI, Privacy
and Sunshine Acts
Compliance.
145.9(f)(1)................. Assistant Secretary FOIA compliance
of the Commission staff
for FOI, Privacy
and Sunshine Acts
compliance or his
or her designee.
145.9(f)(2)................. Assistant Secretary FOIA compliance
or his or her staff
designee.
145.9(f)(3)................. Assistant Secretary FOIA compliance
or his or her staff
designee.
145.9(g)(3)................. Office of General Office of the
Counsel. General Counsel
145.9(g)(3)................. Assistant Secretary FOIA compliance
of the Commission staff
for FOI, Privacy
and Sunshine Acts
compliance.
145.9(g)(5)................. Office of General Office of the
Counsel. General Counsel
145.9(g)(7)................. Office of General Office of the
Counsel. General Counsel
145.9(g)(8)................. Assistant Secretary FOIA compliance
of the Commission staff
for FOI, Privacy
and Sunshine Acts
Compliance.
145.9(g)(10)................ The General Counsel The General Counsel
or his or here or their designee
designee.
145.9(h).................... Assistant Secretary FOIA compliance
of the Commission staff
for FOI, Privacy
and Sunshine Acts
Compliance.
Appendix A introductory text Three Lafayette the Commission's
Centre, 1155 21st Washington, DC
Street NW, headquarters
Washington, DC
20581.
Appendix A (a) (heading).... Office of External Office of Public
Affairs. Affairs
Appendix A, (d) (heading)... Executive Director, Chief Administrative
Administrative Officer, Division
Services Section. of Administration
Appendix A, (g) (heading)... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
Appendix A, (g)............. National Futures National Futures
Association, 200 Association, 300 S
West Madison Riverside Plaza,
Street, Suite 1600, Suite 1800,
Chicago, Illinois Chicago, IL 60606
60606.
------------------------------------------------------------------------
[[Page 71818]]
0
63. Section 145.6 is further amended by revising paragraph (a) to read
as follows:
Sec. 145.6 Commission offices to contact for assistance; registration
records available.
(a) All requests for non-public records shall be made in writing
and shall be addressed or otherwise directed to the Office of the
General Counsel at the Commission's Washington, DC headquarters, Attn:
FOIA Request, or electronically via [email protected]. Requests
for public records directed to a regional office of the Commission
pursuant to Sec. 145.2 should be sent to the Eastern Regional Office,
Central Regional Office, or Southwestern Regional Office, as
applicable.
* * * * *
PART 146--RECORDS MAINTAINED ON INDIVIDUALS
0
64. The authority citation for part 146 continues to read as follows:
Authority: 88 Stat. 1896 (5 U.S.C. 552a), as amended; 88 Stat.
1389 (7 U.S.C. 4a(j)).
0
65. In Sec. 146.2, revise paragraph (c) to read as follows:
Sec. 146.2 Definitions.
* * * * *
(c) The term FOIA compliance staff refers to the Freedom of
Information Act compliance staff assigned to respond to requests for
information under the Freedom of Information Act;
* * * * *
Sec. Sec. 146.3, 146.4, 146.5, 146.6, 146.8, 146.9, and 146.11 and
Appendix A [Amended]
0
66. For each section and paragraph indicated in the left column of the
following table, remove the text in the middle column from wherever it
appears in the section or paragraph, and add in its place the text
indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
146.3(a).................... pertaining to him... pertaining to them
146.3(a).................... FOI, Privacy and FOIA compliance
Sunshine Acts staff in the Office
compliance staff, of the General
Office of the Counsel at the
Secretariat, Commission's
Commodity Futures Washington, DC
Trading Commission, headquarters and
Three Lafayette clearly marked
Centre, 1155 21st ``Privacy Act
Street NW, request.''
Washington, DC
20581.
146.4(b).................... Executive Director.. General Counsel
146.4(b).................... his identity........ their identity
146.4(b).................... he is familiar with they are familiar
and understands. with and understand
146.4(b).................... FOI, Privacy and FOIA compliance
Sunshine Acts staff in the Office
compliance staff, of the General
Office of the Counsel at the
Secretariat, Commission's
Commodity Futures Washington, DC
Trading Commission, headquarters and
Three Lafayette clearly marked
Centre, 1155 21st ``Privacy Act
Street NW, request.''
Washington, DC
20581.
146.5(e).................... FOI, Privacy and FOIA compliance
Sunshine Acts staff
compliance staff,
Office of the
Secretariat.
146.5(f).................... FOI, Privacy and FOIA compliance
Sunshine Acts staff in the Office
compliance staff, of the General
Office of the Counsel at the
Secretariat, Commission's
Commodity Futures Washington, DC
Trading Commission, headquarters and
Three Lafayette clearly marked
Centre, 1155 21st ``Privacy Act
Street NW, request.''
Washington, DC
20581.
146.6(d).................... FOI, Privacy and FOIA compliance
Sunshine Acts staff in the Office
compliance staff, of the General
Office of the Counsel at the
Secretariat, Commission's
Commodity Futures Washington, DC
Trading Commission, headquarters,
Three Lafayette
Centre, 1155 21st
Street NW,
Washington, DC
20581,
146.8(a).................... pertaining to him... pertaining to them
146.8(a).................... under his name...... under their name
146.8(a).................... if he believes...... if they believe
146.8(a).................... the FOI, Privacy and the FOIA compliance
Sunshine Acts staff at the
compliance staff, Commission's
Office of the Washington, DC
Secretariat, headquarters.
Commodity Futures
Trading Commission,
Three Lafayette
Centre, 1155 21st
Street NW,
Washington, DC
20581.
146.8(d).................... FOI, Privacy and Chief Privacy
Sunshine Acts Officer at the
compliance staff, Commission's
Office of the Washington, DC
Secretariat, headquarters.
Commodity Futures
Trading Commission,
Three Lafayette
Centre, 1155 21st
Street NW,
Washington, DC
20581.
146.8(e).................... Executive Director.. General Counsel
146.8(f).................... Executive Director.. General Counsel
146.8(g).................... Executive Director.. General Counsel
146.8(h).................... Executive Director.. General Counsel
146.9(c).................... FOI, Privacy and General Counsel,
Sunshine Acts Office of the
compliance staff, General Counsel at
Office of the the Commission's
Secretariat, Washington, DC
Commodity Futures headquarters.
Trading Commission,
Three Lafayette
Centre, 1155 21st
Street NW,
Washington, DC
20581.
146.9(d).................... FOI, Privacy and General Counsel
Sunshine Acts
compliance staff,
Office of the
Secretariat.
146.9(e)(3)................. FOI, Privacy and Chief Privacy
Sunshine Acts Officer
compliance staff,
Office of the
Secretariat.
146.11(b)................... FOI, Privacy and Chief Privacy
Sunshine Acts Officer at the
compliance staff, Commission's
Office of the Washington, DC
Secretariat, headquarters.
Commodity Futures
Trading Commission,
Three Lafayette
Centre, 1155 21st
Street NW,
Washington, DC
20581.
Appendix A, (5)b............ FOI, Privacy and FOIA compliance
Sunshine Acts staff at the
compliance staff, Commission's
Office of Washington, DC
Secretariat, headquarters.
Commodity Futures
Trading Commission,
Three Lafayette
Centre, 1155 21st
Street NW,
Washington, DC
20581.
------------------------------------------------------------------------
[[Page 71819]]
PART 147--OPEN COMMISSION MEETINGS
0
67. The authority citation for part 147 continues to read as follows:
Authority: Sec. 3(a), Pub. L. 94-409, 90 Stat. 1241 (5 U.S.C.
552b); sec. 101(a)(11), Pub. L. 93-463, 88 Stat. 1391 (7 U.S.C.
4a(j) (Supp. V, 1975)), unless otherwise noted.
0
68. In Sec. 147.2, revise paragraph (g) to read as follows:
Sec. 147.2 Definitions.
* * * * *
(g) The term FOIA Compliance staff refers to the Freedom of
Information Act Compliance Staff assigned to respond to requests for
information under the Freedom of Information Act.
Sec. Sec. 147.4, 147.5, 147.6, 147.8, and 147.9 [Amended]
0
69. For each section and paragraph indicated in the left column of the
following table, remove the text in the middle column from wherever it
appears in the section or paragraph, and add in its place the text
indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
147.4(d)(1)..................... , Commodity at the
Futures Trading Commission's
Commission, Three Washington, DC
Lafayette Centre, headquarters
1155 21st Street
NW, Washington,
DC 20581.
147.5(h)........................ offices of the Office of the
FOI, Privacy and Secretariat at
Sunshine Acts the Commission's
compliance staff, Washington, DC
Office of the headquarters.
Secretariat,
Commodity Futures
Trading
Commission, Three
Lafayette Centre,
1155 21st Street
NW, Washington,
DC 20581.
147.5(i)........................ offices of the Office of the
FOI, Privacy and Secretariat at
Sunshine Acts the Commission's
compliance staff, Washington, DC
Office of the headquarters.
Secretariat,
Commodity Futures
Trading
Commission, Three
Lafayette Centre,
1155 21st Street
NW, Washington,
DC 20581.
147.6(c)........................ offices of the Office of the
FOI, Privacy and Secretariat at
Sunshine Acts the Commission's
compliance staff, Washington, DC
Office of the headquarters.
Secretariat,
Commodity Futures
Trading
Commission, Three
Lafayette Centre,
1155 21st Street
NW, Washington,
DC 20581.
147.8(a)........................ offices of the Office of the
FOI, Privacy and Secretariat at
Sunshine Acts the Commission's
compliance staff, Washington, DC
Office of the headquarters.
Secretariat,
Commodity Futures
Trading
Commission, Three
Lafayette Centre,
1155 21st Street
NW, Washington,
DC 20581.
147.8(b)(1)..................... Assistant Office of the
Secretary of the General Counsel
Commission for in consultation
FOI, Privacy and with the Director
Sunshine Acts of any affected
compliance after staff division
due consultation
with the Office
of the
Commission's
General Counsel
and the Director
of any affected
staff division.
147.9(b)........................ FOI, Privacy and Office of the
Sunshine Acts Secretariat at
compliance staff, the Commission's
Office of the Washington, DC
Secretariat, headquarters.
Commodity Futures
Trading
Commission, Three
Lafayette Centre,
1155 21st Street
NW, Washington,
DC 20581.
------------------------------------------------------------------------
PART 148--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN
COVERED ADJUDICATORY PROCEEDINGS BEFORE THE COMMISSION
0
70. The authority citation for part 148 continues to read as follows:
Authority: Equal Access to Justice Act, 5 U.S.C. 504(c)(1) and
secs. 2(a)(11) and 8a(5) of the Commodity Exchange Act, 7 U.S.C.
4a(j) and 12a(5), unless otherwise noted.
Sec. 148.30 [Amended]
0
71. In Sec. 148.30, remove ``Executive Director of the Commission,
Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581,''
and add ``Executive Director at the Commission's Washington, DC
headquarters,'' in its place.
PART 149--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP
IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMODITY FUTURES
TRADING COMMISSION
0
72. The authority citation for part 149 continues to read as follows:
Authority: 29 U.S.C 794, unless otherwise noted.
Sec. 149.170 [Amended]
0
73. In Sec. 149.170(c), remove ``Equal Employment Opportunity Officer,
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st
Street NW, Washington, DC 20581'' and add ``Equal Employment
Opportunity Officer at the Commission's Washington, DC headquarters''
in its place.
PART 150--LIMITS ON POSITIONS
0
74. The authority citation for part 150 continues to read as follows:
Authority: 7 U.S.C. 1a, 2, 5, 6, 6a, 6c, 6f, 6g, 6t, 12a, and
19, as amended by Title VII of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, Pub. L. 111-203, 124 Stat. 1376 (2010).
Sec. 150.4 [Amended]
0
75. For each paragraph indicated in the left column of the following
table, remove the text in the middle column from wherever it appears in
the section or paragraph, and add in its place the text indicated in
the right column:
[[Page 71820]]
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
150.4(e)(1)................. may designate from may designate
time to time.
150.4(e)(2)................. may designate from may designate
time to time.
150.4(e)(2)................. Office of Data and Division of Data
Technology.
150.4(e)(3)................. Office of Data and Division of Data
Technology.
------------------------------------------------------------------------
PART 155--TRADING STANDARDS
0
76. The authority citation for part 155 continues to read as follows:
Authority: 7 U.S.C. 6b, 6c, 6g, 6j and 12a, unless otherwise
noted.
Sec. Sec. 155.3 and 155.4 [Amended]
0
77. For each paragraph indicated in the left column of the following
table, remove the text in the middle column from wherever it appears in
the section or paragraph, and add in its place the text indicated in
the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
155.2(i)(2)................. insured............. ensured
155.2(i)(2)................. insure.............. ensure
155.3(a)(1)................. Insure.............. Ensure
155.4(a)(1)................. Insure.............. Ensure
------------------------------------------------------------------------
PART 160--PRIVACY OF CONSUMER FINANCIAL INFORMATION UNDER TITLE V
OF THE GRAMM-LEACH-BLILEY ACT
0
78. The authority citation for part 160 continues to read as follows:
Authority: 7 U.S.C. 7b-2 and 12a(5); 15 U.S.C 6801, et seq., and
sec. 1093, Pub. L. 111-203, 124 Stat. 1376.
Sec. 160.30 [Amended]
0
79. In Sec. 160.30(a), remove ``Insure'' and add ``Ensure'' in its
place.
PART 162--PROTECTION OF CONSUMER INFORMATION UNDER THE FAIR CREDIT
REPORTING ACT
0
80. The authority citation for part 162 continues to read as follows:
Authority: Sec. 1088, Pub. L. 111-203; 124 Stat. 1376 (2010).
Sec. 162.21 [Amended]
0
81. In Sec. 162.21(a)(1), remove ``Insure'' and add ``Ensure'' in its
place.
PART 165--
0
82. The authority citation for part 165 continues to read as follows:
Authority: 7 U.S.C. 2, 5, 9, 12a(5), 13a, 13a-1, 13b, and 26.
Sec. Sec. 165.3, 165.7, 165.12, 165.15, and Appendix B [Amended]
0
83. For each section and paragraph indicated in the left column of the
following table, remove the text in the middle column from wherever it
appears in the section or paragraph, and add in its place the text
indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
165.3(a)(2)................. Commission, Three Whistleblower Office
Lafayette Centre, at the Commission's
1155 21st Street Washington, DC
NW, Washington, DC headquarters.
20581.
165.7(b)(1)................. to the Commission by by mail or fax to
mail or fax to the Whistleblower
Commodity Futures Office at the
Trading Commission, Commission's
Three Lafayette Washington, DC
Centre, 1155 21st headquarters,
Street NW,
Washington, DC
20581,
165.12(c)................... Office of Customer Office of Public
Education and Affairs.
Outreach.
165.15(a)(2)................ Office of General Office of the
Counsel. General Counsel
Appendix B under Submission Three Lafayette at the Commission's
Procedures heading. Centre, 1155 21st Washington, DC
Street NW, headquarters
Washington, DC
20581.
Appendix B, under Submission Three Lafayette at the Commission's
Procedures heading. Centre, 1155 21st Washington, DC
Street NW, headquarters
Washington, DC
20581.
------------------------------------------------------------------------
PART 170--REGISTERED FUTURES ASSOCIATIONS
0
84. The authority citation for part 170 continues to read as follows:
Authority: 7 U.S.C. 6d, 6m, 6p, 6s, 12a, and 21.
Sec. Sec. 170.11 and 170.12 [Amended]
0
85. For each paragraph indicated in the left column of the following
table, remove the text in the middle column from wherever it appears in
the section or paragraph, and add in its place the text indicated in
the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
170.11(a)(5)................ Three Lafayette the Commission's DC
Centre, 1155 21st headquarters
Street NW,
Washington, DC
20581.
170.12 (section heading).... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
170.12...................... Division of Swap Market Participants
Dealer and Division
Intermediary
Oversight.
------------------------------------------------------------------------
[[Page 71821]]
PART 171--RULES RELATING TO REVIEW OF NATIONAL FUTURES ASSOCIATION
DECISIONS IN DISCIPLINARY, MEMBERSHIP DENIAL, REGISTRATION AND
MEMBER RESPONSIBILITY ACTIONS
0
86. The authority citation for part 171 continues to read as follows:
Authority: 7 U.S.C. 4a, 12a and 21, unless otherwise noted.
Sec. Sec. 171.2, 171.3, 171.8, 171.28, and 171.31 [Amended]
0
87. For each section and paragraph indicated in the left column of the
following table, remove the text in the middle column from wherever it
appears in the section or paragraph, and add in its place the text
indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
171.2(c).................... Commission's Office of the
Opinions Section. General Counsel's
Litigation,
Enforcement, and
Adjudication
Section
171.3....................... principal office.... headquarters
171.8(a).................... Three Lafayette at the Commission's
Centre, 1155 21st Washington, DC
Street NW, headquarters
Washington, DC
20581.
171.8(b).................... Three Lafayette at the Commission's
Centre, 1155 21st Washington, DC
Street NW, headquarters
Washington, DC
20581.
171.28...................... the Division of Swap the Market
Dealer and Participants
Intermediary Division, the
Oversight and the Division of
Division of Clearing and Risk,
Clearing and Risk the Division of
or the Division of Market Oversight,
Market Oversight. or the Division of
Data
171.31(a)................... the Division of Swap the Market
Dealer and Participants
Intermediary Division, the
Oversight, and the Division of
Division of Clearing and Risk,
Clearing and Risk the Division of
or the Division of Market Oversight,
Market Oversight. or the Division of
Data
------------------------------------------------------------------------
Issued in Washington, DC, on August 13, 2024, by the Commission.
Robert Sidman
Deputy Secretary of the Commission.
Note: The following appendix will not appear in the Code of
Federal Regulations.
Appendix to Incorporation of Changes in the Commission's Administrative
Structure, Remove Superfluous Verbiage, and Correct Inaccurate Text--
Voting Summary
Appendix 1--Voting Summary
On this matter, Chairman Behnam and Commissioners Johnson, and
Goldsmith Romero, Mersinger, and Pham voted in the affirmative. No
Commissioner voted in the negative.
[FR Doc. 2024-18445 Filed 9-3-24; 8:45 am]
BILLING CODE 6351-01-P