2023-12832

[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]

[Proposed Rules]

[Pages 39205-39206]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2023-12832]

 

 

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COMMODITY FUTURES TRADING COMMISSION

 

17 CFR Part 39

 

RIN 3038-AF21

 

 

Derivatives Clearing Organization Risk Management Regulations To

Account for the Treatment of Separate Accounts by Futures Commission

Merchants

 

AGENCY: Commodity Futures Trading Commission.

 

ACTION: Extension of comment period.

 

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SUMMARY: On April 14, 2023, the Commodity Futures Trading Commission

(Commission or CFTC) published in the Federal Register a notice of

proposed rulemaking (NPRM) titled Derivatives Clearing Organization

Risk Management Regulations To Account for the Treatment of Separate

Accounts by Futures Commission Merchants. The comment period for the

NPRM closes on June 13, 2023. The Commission is extending the comment

period for this NPRM by an additional 17 days.

 

DATES: The comment period for the NPRM titled Derivatives Clearing

Organization Risk Management Regulations To Account for the Treatment

of Separate Accounts by Futures Commission Merchants, published April

14, 2023 at 88 FR 22934, is extended through June 30, 2023.

 

[[Page 39206]]

 

 

ADDRESSES: You may submit comments, identified by RIN 3038-AF21, by any

of the following methods:

     CFTC Comments Portal: https://comments.cftc.gov. Select

the ``Submit Comments'' link for this rulemaking and follow the

instructions on the Public Comment Form.

     Mail: Send to Christopher Kirkpatrick, Secretary of the

Commission, Commodity Futures Trading Commission, Three Lafayette

Centre, 1155 21st Street NW, Washington, DC 20581.

     Hand Delivery/Courier: Follow the same instructions as for

Mail, above.

    Please submit your comments using only one of these methods.

Submissions through the CFTC Comments Portal are encouraged.

    All comments must be submitted in English, or if not, accompanied

by an English translation. Comments will be posted as received to

https://comments.cftc.gov. You should submit only information that you

wish to make available publicly. If you wish the Commission to consider

information that you believe is exempt from disclosure under the

Freedom of Information Act, a petition for confidential treatment of

the exempt information may be submitted according to the procedures

established in Sec.  145.9 of the Commission's regulations.\1\ The

Commission reserves the right, but shall have no obligation, to review,

pre-screen, filter, redact, refuse or remove any or all of your

submission from https://comments.cftc.gov that it may deem to be

inappropriate for publication, such as obscene language.

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    \1\ 17 CFR 145.9.

 

FOR FURTHER INFORMATION CONTACT: Robert B. Wasserman, Chief Counsel,

Division of Clearing and Risk, at 202-418-5092 or [email protected],

or Daniel O'Connell, Special Counsel, Division of Clearing and Risk, at

202-418-5583 or [email protected], at the Commodity Futures Trading

Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC

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20581.

 

SUPPLEMENTARY INFORMATION: On April 14, 2023, the Commission published

in the Federal Register an NPRM proposing to amend the CFTC's

derivatives clearing organization (DCO) risk management regulations

adopted under section 5b of the Commodity Exchange Act to permit

futures commission merchants that are clearing members to treat the

separate accounts of a single customer as accounts of separate entities

for purposes of Commission regulation Sec.  39.13(g)(8)(iii).\2\ The

proposed amendments would add a new paragraph (j) to regulation Sec. 

39.13 establishing the conditions under which a DCO may permit such

separate account treatment. The comment period for the NPRM closes on

June 13, 2023. As requested by a commenter, the Commission is extending

the comment period for this NPRM by an additional 17 days.\3\ This

extension of the comment period will allow interested persons

additional time to analyze the proposal and prepare their comments.

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    \2\ Derivatives Clearing Organization Risk Management

Regulations To Account for the Treatment of Separate Accounts by

Futures Commission Merchants, 88 FR 22934 (Apr. 14, 2023).

    \3\ FIA Letter dated June 9, 2023 to Christopher J. Kirkpatrick.

 

    Issued in Washington, DC, on June 12, 2023, by the Commission.

Christopher Kirkpatrick,

Secretary of the Commission.

 

    NOTE:  The following appendix will not appear in the Code of

Federal Regulations.

 

Appendix to Derivatives Clearing Organization Risk Management

Regulations To Account for the Treatment of Separate Accounts by

Futures Commission Merchants--Commission Voting Summary

 

    On this matter, Chairman Behnam and Commissioners Johnson,

Goldsmith Romero, Mersinger, and Pham voted in the affirmative. No

Commissioner voted in the negative.

 

[FR Doc. 2023-12832 Filed 6-14-23; 8:45 am]

BILLING CODE 6351-01-P