Organization, functions, and authority delegations: Headquarters offices; address change and office and personnel title changes; correction,

[Federal Register: August 25, 1999 (Volume 64, Number 164)]

[Rules and Regulations]

[Page 46270-46271]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr25au99-10]

COMMODITY FUTURES TRADING COMMISSION

17 CFR Parts 9 and 171

Review of Exchange disciplinary, Access Denial or Other Adverse Actions; Review of NFA Decisions; Corrections

AGENCY: Commodity Futures Trading Commission.

ACTION: Final Rules; technical corrections.

SUMMARY: On October 26, 1995, the Commodity Futures Trading Commission (``Commission'') published in the Federal Register (60 FR 54801) final regulations amending its Rules Relating to Review of Exchange Disciplinary, Access Denial or Other Adverse Actions (``Rules''), to reflect changes in office titles, personnel titles and address. The Commission has determined to make certain technical corrections to the Rules to clarify its delegation of authority.

In addition, the Commission has determined to make a similar technical correction to its Rules relating to Review of NFA Decisions, to clarify its delegation of authority. EFFECTIVE DATE: August 19, 1999.

FOR FURTHER INFORMATION CONTACT: Susan Nathan, Assistant General Counsel, Office of General Counsel, (202) 418-5120.

SUPPLEMENTARY INFORMATION: The Commission recently has undertaken a reexamination of its part 9 and part 171 Rules and has identified those rules that require amendment to effect technical or conforming changes.

1. Rules Being Amended

The following Commission rules are being amended.

1. 17 CFR 9.9

   Commission Rule 9.9(b) delegates certain authority to the Deputy General Counsel for Opinions and Review. As adopted, the rule authorizes the Deputy General Counsel for Opinions and Review, or a person under his direction designated by him, to handle particular procedural and technical matters and, in his discretion, to submit any matters otherwise falling within the terms of this rule to the Commission for its consideration. There is no longer a Deputy General Counsel for Opinions and Review. Consequently, references in rule 9.9 to ``the Deputy General Counsel for Opinions and Review'' have been changed to ``the General Counsel.

2. 17 CFR 171.50

   Commission rule 171.50 delegates certain authority to the Deputy General Counsel for Opinions. As adopted, the rule authorizes the Deputy General Counsel for Opinions, or a person under his direction designated by him, to perform specific procedural and technical functions and, in his discretion, to submit any matters otherwise falling within the terms of this rule to the Commission for its consideration. There is no longer a Deputy General Counsel for Opinions. Consequently, references in Rule 171.50 to ``the Deputy General Counsel for Opinions'' have been changed to `` the General Counsel.''

3. Administrative Procedure Act

   The Commission has determined that the Administrative Procedure Act, 5 U.S.C. 553, does not require notice of proposed rulemaking and an opportunity for public participation in connection with these corrections. In this regard, the Commission notes that such notice and opportunity for comment is unnecessary because these technical corrections are related solely to agency organization, procedure and practice and make technical corrections. Accordingly, the Commission finds good cause to make these corrections effective immediately upon publication in the Federal Register. 5 U.S.C. 553(b)(B), 553(d)(3).

   In consideration of the foregoing, and pursuant to the authority contained in the Commodity Exchange Act and, in particular, sections 2(a)(4) and 2(a)(11), the Commission corrects Chapter I of title 17 of the Code of Federal Regulations as follows:

   List of Subjects in 17 CFR Parts 9 and 171

   Administrative practice and procedure, Commodity exchanges, Commodity futures.

   PART 9--RULES RELATING TO REVIEW OF EXCHANGE DISCIPLINARY, ACCESS DENIAL OR OTHER ADVERSE ACTIONS

   1. The authority citation for part 9 continues to read as follows:

      Authority: 7 U.S.C. 4a, 6c, 7a, 12a, 16a.

   2. Section 9.9 is amended by revising paragraphs (b)(1) introductory text, (b)(3) and (b)(4) to read as follows:

      Sec. 9.9 Waiver of rules; delegation of authority.

      * * * * *

      (b) Delegation of authority. (1) The Commission hereby delegates, until the Commission orders otherwise, to the

      [[Page 46271]]

      General Counsel, or the General Counsel's designee, the authority: * * * * *

      (3) The General Counsel or the General Counsel's designee may submit to the Commission for its consideration any matter which has been delegated pursuant to paragraph (b)(1) of this section.

      (4) Nothing in this section will be deemed to prohibit the Commission, at its election, from exercising the authority delegated to the General Counsel under this section.

      PART 171--RULES RELATING TO REVIEW OF NATIONAL FUTURES ASSOCIATION DECISIONS IN DISCIPLINARY, MEMBERSHIP DENIAL, REGISTRATION AND MEMBER RESPONSIBILITY ACTIONS

   1. The authority citation for part 171 continues to read as follows:

      Authority: 7 U.S.C. 4a, 12a and 21.

   2. Section 171.50 is amended by revising the heading and paragraphs (a) introductory text, (c) and (d) to read as follows:

      Sec. 171.50 Delegation to the General Counsel.

      (a) The Commission hereby delegates, until it orders otherwise, to the General Counsel or the General Counsel's designee, the authority: * * * * *

      (c) The General Counsel or the General Counsel's designee may submit to the Commission for its consideration any matter which has been delegated pursuant to paragraph (a) of this section.

      (d) Nothing in this section will be deemed to prohibit the Commission, at its election, from exercising the authority delegated to the General Counsel under this section.

      Issued in Washington, D.C. this 19th day of August 1999, by the Commodity Futures Trading Commission. Catherine D. Dixon, Assistant Secretary of the Commission.

      [FR Doc. 99-21918Filed8-24-99; 8:45 am]

      BILLING CODE 6351-01-M