Commodity Futures Trading Commission 2014 – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0023, Commodity Pool Operators and Commodity Trading Advisors: Amendments to Compliance Obligations
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (``PRA''), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment. This notice solicits comments on the continued registration requirements relating to commodity pool operators and commodity trading advisors.
Agency Information Collection Activities Under OMB Review
This document contains corrections to the Information Collection Request (ICR) notice section ``Burden Statement,'' which the Commodity Futures Trading Commission published in the Federal Register on November 19, 2014. The ICR describes the nature of the information collection and its expected costs and burden.
Position Limits for Derivatives and Aggregation of Positions
On December 12, 2013, the Commodity Futures Trading Commission (``Commission'') published in the Federal Register a notice of proposed rulemaking (the ``Position Limits Proposal'') to establish speculative position limits for 28 exempt and agricultural commodity futures and options contracts and the physical commodity swaps that are economically equivalent to such contracts. On November 15, 2013, the Commission published in the Federal Register a notice of proposed rulemaking (the ``Aggregation Proposal'') to amend existing regulations setting out the Commission's policy for aggregation under its position limits regime. The Commission's Agricultural Advisory Committee has scheduled a public meeting to be held on December 9, 2014, which will consider, among other matters, deliverable supply and exemptions for bona fide hedging positions. To provide commenters with a sufficient period of time to respond to questions raised and points made at the Agricultural Advisory Committee meeting, the Commission is reopening the comment periods for an additional 45 days. Comments should be limited to the following issues as they pertain to agricultural commodities: Hedges of a physical commodity by a commercial enterprise; and the process for estimating deliverable supplies used in the setting of spot month limits.
Agency Information Collection Activities Under OMB Review
In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected costs and burden.
Agricultural Advisory Committee Meeting
The Commodity Futures Trading Commission (CFTC or Commission) announces that on December 9, 2014, from 10:00 a.m. to 3:00 p.m., the Agricultural Advisory Committee (AAC) will hold a public meeting at the CFTC's Washington, DC, headquarters. The meeting will focus on, among other issues, topics related to the agricultural economy, as well as the deliverable supplies of agricultural commodities as they pertain to position limits.
Forward Contracts With Embedded Volumetric Optionality
In accordance with section 712(d)(4) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-Frank Act''), the Commodity Futures Trading Commission (the ``CFTC'') and the Securities and Exchange Commission (``SEC''), after consultation with the Board of Governors of the Federal Reserve System (``Board of Governors''), are jointly issuing the CFTC's proposed clarification of its interpretation concerning forward contracts with embedded volumetric optionality. The CFTC invites public comment on all aspects of its proposed interpretation.
Agency Information Collection Activities Under OMB Review
In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected costs and burden.
Market Risk Advisory Committee
The Commodity Futures Trading Commission (CFTC or Commission) is inviting comments on topics for discussion at future Market Risk Advisory Committee (MRAC or Committee) meetings and also calling for the submission of nominations to this newly established Committee. The MRAC is a discretionary advisory committee and was established by the Commission in accordance with the Federal Advisory Committee Act.
Records of Commodity Interest and Related Cash or Forward Transactions
The Commodity Futures Trading Commission (the ``Commission'' or ``CFTC'') is proposing to amend Commission Rule 1.35(a) (the ``Proposal'') to: provide that all records required to be maintained under this regulation must be searchable; clarify that all records be kept in a form and manner that allows for identification of a particular transaction, except that records of oral and written communications leading to the execution of a transaction in a commodity interest and related cash or forward transactions are not required to be kept in a form and manner that allows for identification of a particular transaction; exclude unregistered members of designated contract markets (``DCMs'') and swap execution facilities (``SEFs'') from the requirements to retain text messages and to maintain records in a particular form and manner; and exclude commodity trading advisors (``CTAs'') from the oral recordkeeping requirement.
Residual Interest Deadline for Futures Commission Merchants
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is proposing to revise the Residual Interest Deadline in Commission Rule 1.22. The amendment would remove the December 31, 2018 termination date for the phased-in compliance schedule for futures commission merchants (``FCMs'') and provide assurance that the Residual Interest Deadline would only be revised through a separate Commission rulemaking.
Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0066, Financial Resource Requirements for Derivatives Clearing Organizations
The Commodity Futures Trading Commission (``Commission'') is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (``PRA''), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment. This notice solicits comments on reporting requirements relating to financial resource requirements for derivatives clearing organizations.
Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0055, Privacy of Consumer Financial Information
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (``PRA''), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment. This notice solicits comments on requirements for entities that are subject to the Commission's jurisdiction to provide certain privacy protections for consumer financial information.
Proceedings Before the Commodity Futures Trading Commission; Rules Relating to Suspension or Disbarment From Appearance and Practice
The Commodity Futures Trading Commission (``Commission'') is proposing to amend part 14 of its regulations, under which the Commission may deny, temporarily or permanently, the privilege of certain persons to appear or practice before it. The amendment clarifies the Commission's standard for determining when an accountant has engaged in ``unethical or improper professional conduct'' which has been established as a basis for denying the accountant the privilege of appearing or practicing before the Commission.
Fees for Reviews of the Rule Enforcement Programs of Designated Contract Markets and Registered Futures Associations
The Commodity Futures Trading Commission (CFTC or Commission) charges fees to designated contract markets and registered futures associations to recover the costs incurred by the Commission in the operation of its program of oversight of self-regulatory organization (SRO) rule enforcement programs, specifically National Futures Association (NFA), a registered futures association, and the designated contract markets. The calculation of the fee amounts charged for 2014 by this notice is based upon an average of actual program costs incurred during fiscal year (FY) 2011, FY 2012, and FY 2013.
Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is proposing regulations to implement section 4s(e) of the Commodity Exchange Act (``CEA''), as added by section 731 of the Dodd- Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''). This provision requires the Commission to adopt initial and variation margin requirements for certain swap dealers (``SDs'') and major swap participants (``MSPs''). The proposed rules would establish initial and variation margin requirements for SDs and MSPs but would not require SDs and MSPs to collect margin from non-financial end users. In this release, the Commission is also issuing an Advance Notice of Proposed Rulemaking requesting public comment on the cross- border application of such margin requirements. The Commission is not proposing rules on this topic at this time. It is seeking public comment on several potential alternative approaches.
Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0062, Regulation Pertaining to Financial Integrity of the Forex Market Place
The Commodity Futures Trading Commission (Commission or CFTC) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (``PRA''), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on requirements relating to reporting by retail foreign exchange dealers who fail to maintain required capital, reporting to customers, risk assessment filings and recordkeeping requirements.
Privacy Act of 1974 System of Records Notice
In accordance with the Privacy Act of 1974, the Commodity Futures Trading Commission (Commission) is providing notice that it is retiring two systems of records notices (SORNs), CFTC-20 Registration and CFTC-28 Self-Regulatory Organization Disciplinary Action Files, from its inventory of record systems because the relevant records are covered by the revised SORN CFTC-12, National Futures Association (NFA) Applications Suite System (Exempted).
Privacy Act of 1974 System of Records Notice
The Commodity Futures Trading Commission (Commission or CFTC) is revising a system of records under the Privacy Act of 1974, CFTC-12, Fitness Investigations, and renaming the system ``National Futures Association (NFA) Applications Suite System (Exempted)'' to more broadly cover the activities of NFA on behalf of the Commission by delegated authority and also cover new data collections for swap dealers, major swap participants and retail foreign exchange dealers as required by the Dodd-Frank Wall Street Reform Act and recent Commission rules.
Global Markets Advisory Committee
The Commodity Futures Trading Commission (CFTC) announces that on October 9, 2014, from 1:30 p.m. to 5:00 p.m. the Global Markets Advisory Committee (GMAC) will hold a public meeting at the CFTC's Washington, DC headquarters. The meeting will focus on issues related to clearing Non-Deliverable Forwards (NDFs) and the digital currency bitcoin. The meeting will consist of two panels. The first panel will discuss whether a clearing mandate is appropriate for NDFs, with a particular focus on how such a mandate would impact foreign exchange contracts. The second panel will discuss the CFTC's jurisdiction with respect to derivatives contracts that reference the digital currency bitcoin.
Exclusion of Utility Operations-Related Swaps With Utility Special Entities From De Minimis Threshold for Swaps With Special Entities
The Commodity Futures Trading Commission (Commission or CFTC) is amending its regulations (Amendments) in order to permit a person to exclude utility operations-related swaps entered into with utility special entities in calculating the aggregate gross notional amount of the person's swap positions, solely for purposes of the de minimis exception applicable to swaps with special entities.
Agency Information Collection Activities: Notice of Intent to Renew Collection 3038-0095, Large Trader Reporting for Physical Commodity Swaps
The Commodity Futures Trading Commission (CFTC) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on large trading reporting for physical commodity swaps.
Agency Information Collection Activities Under OMB Review
In compliance with the Paperwork Reduction Act, this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected costs and burden.
Reestablishment of the Global Markets Advisory Committee
The Commodity Futures Trading Commission (Commission) is publishing this notice to announce the reestablishment of the Global Markets Advisory Committee (GMAC). The Commission has determined that reestablishment of the GMAC is necessary and in the public's interest. No earlier than fifteen (15) days following the date of the publication of this notice, the GMAC Charter will be filed with the Commission; the Senate Committee on Agriculture, Nutrition and Forestry; the House Committee on Agriculture; the Library of Congress; and the General Services Administration's Committee Management Secretariat.
Reestablishment of the Agricultural Advisory Committee
The Commodity Futures Trading Commission (Commission) is publishing this notice to announce the reestablishment of the Agricultural Advisory Committee (AAC). The Commission has determined that reestablishment of the AAC is necessary and in the public's interest. No earlier than fifteen (15) days following the date of the publication of this notice, the AAC Charter will be filed with the Commission; the Senate Committee on Agriculture, Nutrition and Forestry; the House Committee on Agriculture; the Library of Congress; and the General Services Administration's Committee Management Secretariat.
Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0015-Copies of Crop and Market Information Reports
The Commodity Futures Trading Commission (CFTC) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on crop and market information.
Enhancing Protections Afforded Customers and Customer Funds Held by Futures Commission Merchants and Derivatives Clearing Organizations; Correction
The Commodity Futures Trading Commission (``CFTC'') is correcting final rules published in the Federal Register of November 14, 2013 (``final rules''). Those rules, which adopted new regulations and amended existing regulations requiring enhanced customer protections, risk management programs, internal monitoring and controls, capital and liquidity standards, customer disclosures, and auditing and examination programs for futures commission merchants, took effect on January 13, 2014. This correction amends erroneous cross-references found in three sections of the final rules. Additionally, this correction amends one section of the final rules to insert language that was in the proposed rulemaking, and which was stated as being adopted in the preamble to the final rules, but was erroneously omitted from the final rule text.
Amended and Restated Order Designating the Provider of Legal Entity Identifiers To Be Used in Recordkeeping and Swap Data Reporting Pursuant to the Commission's Regulations
The Commodity Futures Trading Commission (``Commission'') has issued an Amended and Restated Order to extend the Commission's designation of the Depository Trust and Clearing Corporation (``DTCC'') and Society for Worldwide Interbank Financial Telecommunication (``SWIFT'') joint venture (``DTCC-SWIFT'') as the provider of legal entity identifiers, or ``LEIs,'' pursuant to the Commodity Exchange Act and the Commission's regulations. DTCC-SWIFT's designation was made by Commission order issued on July 23, 2012. The designation was made for a term of two years. The Amended and Restated Order amends the Commission's order of July 23, 2012, as previously amended on June 7, 2013, to extend DTCC-SWIFT's designation for an additional one year, while the terms of transition to a fully operational global LEI system are finalized and implemented. Consistent with the terms of the Commission's order of July 23, 2012, as amended on June 7, 2013, the Amended and Restated Order permits registered entities and swap counterparties subject to the Commission's jurisdiction to comply with the specified legal entity identifier requirements of the Commission's regulations by using identifiers issued by DTCC-SWIFT, or any other pre-Local Operating Unit (``pre-LOU'') that has been endorsed by the Regulatory Oversight Committee of the global LEI system as being globally acceptable and as issuing globally acceptable legal entity identifiers.
Agency Information Collection Activities Under OMB Review-Notice of Intent To Renew Collection 3038-0026; Gross Collection of Exchange-Set Margins for Omnibus Accounts
In compliance with the Paperwork Reduction Act, this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected costs and burden.
Swap Dealer and Major Swap Participant Recordkeeping, Reporting, and Duties Rules; Futures Commission Merchant and Introducing Broker Conflicts of Interest Rules; and Chief Compliance Officer Rules for Swap Dealers, Major Swap Participants, and Futures Commission Merchants; Correction
This document contains corrections to final regulations, which were published in the Federal Register of Tuesday, April 3, 2012. The regulations are related to the risk management programs of swap dealers and major swap participants.
Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0082-Whistleblower Provision and Updated Form TCR for Whistleblower Submissions
The Commodity Futures Trading Commission (CFTC) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (``PRA''), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment. In August 2011, the Commission adopted the final rule, as required by the Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''), requiring the submission of whistleblower information to the Commission on the Form TCR. The Commission is updating the Form TCR to incorporate questions from the Division of Enforcement's Complaint Form. This notice solicits comments, as described below, on the proposed Information Collection Request (ICR) titled: Whistleblower Provision, and Updated Form TCR; OMB Control Number 3038-0082.
Position Limits for Derivatives and Aggregation of Positions
On December 12, 2013, the Commodity Futures Trading Commission (``Commission'') published in the Federal Register a notice of proposed rulemaking (the ``Position Limits Proposal'') to establish speculative position limits for 28 exempt and agricultural commodity futures and options contracts and the physical commodity swaps that are economically equivalent to such contracts. On November 15, 2013, the Commission published in the Federal Register a notice of proposed rulemaking (the ``Aggregation Proposal'') to amend existing regulations setting out the Commission's policy for aggregation under its position limits regime. In addition, the Commission directed staff to hold a public roundtable on June 19, 2014, to consider certain issues regarding position limits for physical commodity derivatives. In order to provide interested parties with an opportunity to comment on the issues to be discussed at the roundtable, the Commission published notice in the Federal Register on May 29, 2014, that the comment periods for the Position Limits Proposal and the Aggregation Proposal were reopened, starting June 12, 2014 (one week before the roundtable) and ending July 3, 2014 (two weeks following the roundtable). To provide commenters with a sufficient period of time to respond to questions raised and points made at the roundtable, the Commission is now further extending the comment period. Comments should be limited to the issues of hedges of a physical commodity by a commercial enterprise, including gross hedging, cross-commodity hedging, anticipatory hedging, and the process for obtaining a non-enumerated exemption; the setting of spot month limits in physical-delivery and cash-settled contracts and a conditional spot-month limit exemption; the setting of non-spot limits for wheat contracts; the aggregation exemption for certain ownership interests of greater than 50 percent in an owned entity; and aggregation based on substantially identical trading strategies.
Exclusion of Utility Operations-Related Swaps With Utility Special Entities From De Minimis Threshold for Swaps With Special Entities
The Commodity Futures Trading Commission (Commission or CFTC) is proposing to amend its regulations (Proposal) to permit a person to exclude utility operations-related swaps with utility special entities in calculating the aggregate gross notional amount of the person's swap positions solely for purposes of the de minimis exception applicable to swaps with special entities.
Position Limits for Derivatives and Aggregation of Positions
On December 12, 2013, the Commodity Futures Trading Commission (``Commission'') published in the Federal Register a notice of proposed rulemaking (the ``Position Limits Proposal'') to establish speculative position limits for 28 exempt and agricultural commodity futures and options contracts and the physical commodity swaps that are economically equivalent to such contracts. On November 15, 2013, the Commission published in the Federal Register a notice of proposed rulemaking (the ``Aggregation Proposal'') to amend existing regulations setting out the Commission's policy for aggregation under its position limits regime. The Commission has directed staff to hold a public roundtable on June 19, 2014, to consider certain issues regarding position limits for physical commodity derivatives. In order to provide interested parties with an opportunity to comment on the issues to be discussed at the roundtable, the Commission will reopen the comment periods for the Position Limits Proposal and the Aggregation Proposal for a three-week period starting June 12, 2014 (one week before the roundtable) and ending July 3, 2014 (two weeks following the roundtable). Comments should be limited to the issues of hedges of a physical commodity by a commercial enterprise, including gross hedging, cross- commodity hedging, anticipatory hedging, and the process for obtaining a non-enumerated exemption; the setting of spot month limits in physical-delivery and cash-settled contracts and a conditional spot- month limit exemption; the setting of non-spot limits for wheat contracts; the aggregation exemption for certain ownership interests of greater than 50 percent in an owned entity; and aggregation based on substantially identical trading strategies.
Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0026-Gross Collection of Exchange-Set Margins for Omnibus Accounts
The Commodity Futures Trading Commission (CFTC) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments, as described below, on the proposed Information Collection Request (ICR) titled: Gross Collection of Exchange-Set Margins for Omnibus Accounts; OMB Control Number 3038- 0026.
Technology Advisory Committee
The Commodity Futures Trading Commission (CFTC or Commission) announces that on June 3, 2014, from 10:00 a.m. to 5:00 p.m., the CFTC's Technology Advisory Committee (TAC) will hold a public meeting at the CFTC's Washington, DC headquarters. The TAC meeting will focus on high-frequency trading in the derivatives markets; the Commission's surveillance program; and swap execution facilities.
Enhancing Protections Afforded Customers and Customer Funds Held by Futures Commission Merchants and Derivatives Clearing Organizations; Correction
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is correcting final rules published in the Federal Register of November 14, 2013 (78 FR 68506). Those rules, 17 CFR Parts 1, 3, 22, 30, and 140, took effect on January 13, 2014. This correction amends Appendix B to 17 CFR 1.20 and Appendix B to 17 CFR 1.26 by removing a phrase from both appendices.
Global Markets Advisory Committee
The Commodity Futures Trading Commission (CFTC) announces that on May 21, 2014, from 10:00 a.m. to 4:00 p.m. the Global Markets Advisory Committee (GMAC) will hold a public meeting at the CFTC's Washington, DC, headquarters. The GMAC will discuss issues related to the CFTC's coordination with foreign regulators on the oversight of foreign-based (i.e., located outside of the U.S.) swap clearinghouses and foreign swaps trading execution facilities.
Market Risk Advisory Committee
In accordance with the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2, the Commodity Futures Trading Commission (Commission) announces the establishment of the Market Risk Advisory Committee (MRAC). The Commission has determined that the establishment of MRAC is necessary and in the public's interest. No earlier than fifteen (15) days following the date of the publication of this notice, the MRAC Charter will be filed with the Commission, the Senate Committee on Agriculture, Nutrition and Forestry, the House Committee on Agriculture, the Library of Congress, and the General Services Administration's Committee Management Secretariat.
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