[Federal Register: August 9, 1999 (Volume 64, Number 152)]
[Rules and Regulations]
[Page 43071-43072]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au99-18]
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COMMODITY FUTURES TRADING COMMISSION
17 CFR Parts 10 and 12
Rules of Practice and Reparation Rules; Final Rules; Corrections
AGENCY: Commodity Futures Trading Commission.
ACTION: Final Rules; technical corrections.
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SUMMARY: On October 19, 1998, the Commodity Futures Trading Commission
(``Commission'') published in the Federal Register (63 FR 55784) final
regulations amending its rules of practice (``Rules''), 17 CFR part 10
(1998), which govern most adjudicatory proceedings brought under the
Commodity Exchange Act, as amended (``Act''), other than reparations
proceedings. The Commission has determined to make certain technical
corrections to the rules to clarify its delegation of authority and to
eliminate an obsolete retroactivity provision.
In addition, the Commission has determined to make a technical
correction to its Reparation Rules, 17 CFR part 12 (1994), to clarify
its delegation of authority.
EFFECTIVE DATE: August 2, 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 10 and part 12 rules and has identified those
rules that require amendment to effect technical or conforming changes.
I. Rules Being Amended
The following Commission rules are being amended.
A. 17 CFR 10.109
Commission Rule 10.109 delegates certain authority to the Chief of
the Opinions Section. As adopted, the rule authorizes the Chief or a
person under his direction 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 an ``Opinions Section.''
Consequently, references in Rule 10.109 to ``the Chief of the Opinions
Section'' have been changed to ``the General Counsel.''
The current Rules became applicable to all proceedings pending as
of August 20, 1985. Since there are no matters pending before the
Commission which date back to August 20, 1985, that provision is
unnecessary and is being deleted.
B. 17 CFR 12.408
Commission Rule 12.408 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 12.408 to ``the Deputy
General Counsel for Opinions'' have been changed to ``the General
Counsel.''
C. 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 August 2, 1999, 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
17 CFR Part 10
Administrative practice and procedure, Commodity exchanges,
Commodity futures, Rules of practice before administrative agency.
17 CFR Part 12
Administrative practice and procedure, Commodity exchanges,
Commodity futures, Reparations.
PART 10--RULES OF PRACTICE
1. The authority citation for part 10 continues to read as follows:
Authority: Pub. L. 93-463, sec. 101(a)(11), 88 Stat. 1391; 7
U.S.C. 4a(j), unless otherwise noted.
2. Section 10.109 is amended by revising the introductory text,
paragraph (a)(2)(ii) and (b) and by removing paragraph (d) to read as
follows:
Sec. 10.109 Delegation of authority to the General Counsel.
The Commodity Futures Trading Commission hereby delegates, until
such time as it orders otherwise, the following function to the General
Counsel, to be performed by him or by such person or persons under his
direction as he may designate from time to time:
(a) * * *
(2) * * *
(ii) Where, in his judgment, clarification or supplementation of
the initial decision or other order disposing of the entire proceeding
prior to Commission review is appropriate; however, the General Counsel
or his designee may not direct that the record be reopened;
* * * * *
(b) Notwithstanding the provisions of paragraph (a) of this
section, in any case in which the General Counsel or his designee
believes it appropriate, he may submit the matter to the Commission for
its consideration;
* * * * *
PART 12--RULES RELATING TO REPARATION PROCEEDINGS
1. The authority citation for part 12 continues to read as follows:
Authority: 7 U.S.C. 4a(j), 12a(5), and 18.
2. Section 12.408 is amended by revising the introductory text and
paragraph (b) to read as follows:
Sec. 12.408 Delegation of authority to the General Counsel.
Pursuant to the authority granted under section 2(a)(4) and
2(a)(11) of the Commodity Exchange Act, as amended, 7 U.S.C. 4a(c) and
4a(j), the Commission hereby delegates, until such time as it orders
otherwise, the following functions to the General Counsel, to be
performed by him or such person or persons under his direction as he
may designate from time to time:
* * * * *
(b) Notwithstanding the provisions of paragraph (a) of this
section, in any case in which he believes it appropriate, the General
Counsel or his designee may
[[Page 43072]]
submit the matter to the Commission for its consideration.
* * * * *
Issued in Washington, DC this 2nd day of August, 1999, by the
Commodity Futures Trading Commission.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 99-20275 Filed 8-6-99; 8:45 am]
BILLING CODE 6351-01-M
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