[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]
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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.
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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.
I. Rules Being Amended
The following Commission rules are being amended.
A. 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.
B. 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.''
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 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. 99-21918 Filed 8-24-99; 8:45 am]
BILLING CODE 6351-01-M
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