Rule · CFTC · 4 Sep 2024 · 2024-18445
The Commodity Futures Trading Commission issued a final rule to align its regulations with an internal reorganization that created a new Division of Data, renamed the Division of Swap Dealer and Intermediary Oversight to the Market Participants Division, and realigned other offices. The amendments update references to these new structures, correct typographical errors, and standardize address citations across multiple Code of Federal Regulations parts. These technical and administrative changes are effective immediately upon publication on September 4, 2024.
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Parts 1, 3, 5, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 20, 23, 30, 31, 37, 41,
43, 45, 46, 49, 140, 142, 144, 145, 146,
147, 148, 149, 150, 155, 160, 162, 165,
170, and 171
RIN 3038–AF09
Incorporation of Changes in the
Commission’s Administrative
Structure, Remove Superfluous
Verbiage, and Correct Inaccurate Text
AGENCY: Commodity Futures Trading
Commission.
ACTION: Final rule.
SUMMARY: The agency’s Divisions and
Offices have been reorganized at the
Chairman’s direction, and with prior notification to relevant congressional committees. To ensure the CFR reflects these changes, the Commodity Futures Trading Commission (Commission or CFTC) is voting to make technical changes to various provisions within its regulations in order to align with its change in administrative structure, remove superfluous verbiage, and correct inaccurate text. In addition to the administrative changes required due to the realignment, the Commission is adopting technical changes to ensure consistency in reference to Commission addresses, deleting references to positions that have changed and updating the positions to align with the current Commission structure, correct typographical errors, and other technical changes. DATES: These amendments are effective on September 4, 2024. FOR FURTHER INFORMATION CONTACT: Joan Fina, Senior Assistant General Counsel, Telephone: (202) 418–7621, Email:
jfina@cftc.gov, Office of the General
Counsel, Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581, or John Einstman, Deputy
General Counsel (General Law),
Telephone: (202) 418–5337, Email:
jeinstman@cftc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
An agency reorganization in
November 2020 realigned key functions within the agency, including: (1) creating a new Division of Data (DOD); (2) reassigning the Executive Secretariat Branch from the Office of the Executive Director (OED) to the Office of the General Counsel (OGC); and (3) renaming and realigning the Division of Swap Dealer and Intermediary Oversight (DSIO) to the Market Participants Division (MPD) and (4) moving the Office of Customer Education and Outreach (OCEO) to the Office of Public Affairs. Technology has dramatically altered capital and commodity markets over the past few decades, and technologically induced innovations such as electronic exchanges, high-frequency trading, and exchange-traded funds have made trading faster, cheaper, more integrated, and increasingly complex. As a financial regulator in an everincreasingly sophisticated market environment, it is becoming more and more crucial that the CFTC continue to focus on data and data reporting and invest in technologies necessary to keep pace with market innovation. Our oversight responsibilities are becoming highly data acquisitive and rely on the effective use of information, including through the use of algorithms and analytics to more effectively manage data to meet our regulatory objectives. The DoD was created to address the Commission’s growing data needs and to position the agency to continue to achieve its mission in accord with new technologies. There has been an unprecedented rise in retail futures, options and digital asset trading. As the agency evolves to address changing markets and market demographics, both the FinTech and customer protection efforts the Office of Customer Education and Outreach (OCEO) were realigned within the Office of Public Affairs. DSIO is responsible primarily for overseeing derivatives market participants and market intermediaries, including commodity pool operators, commodity trading advisors, futures commission merchants, introducing brokers, retail foreign exchange dealers, swap dealers, and major swap participants, as well as designated selfregulatory organizations. By restyling DSIO as MPD, the Division’s name will more succinctly reflect the scope of its responsibility regarding the Commission registrants enumerated above. The Commission’s legal compliance groups that are responsible for records, Freedom of Information Act, Sunshine Act, privacy, and transparency were divided between the Office of the General Counsel and the Executive Secretariat Branch in the Office of the Executive Director. Moving the Executive Secretariat Branch into the Office of the General Counsel ensures consistency through streamlining all legal compliance programs into one division. In addition to the changes required due to the realignment, the Commission proposes technical changes to ensure consistency in reference to addresses, deletes references to positions that have changed and updates the positions to align with the current Commission structure, correct
typographical errors, and other technical changes.
Section 2(a)(12) of the Commodity
Exchange Act authorizes the
1 5 U.S.C. 553(a) and (b). Rulemaking procedures apply, except to the extent that there is involved (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. 2 5 U.S.C 553(b). Further, Section 553(d) of the Administrative Procedure Act, 5 U.S.C. 553(d) provides, in part, for publication of a rule not less than 30 days before its effective date except as otherwise provided by the agency for good cause found and published with the rule. 3 Good cause exists as the final rule implements changes that affect internal agency management, organization and procedure that do not require a delayed effective date. 4See 5 U.S.C. 601 et seq. 5 5 U.S.C. 601(2). 6See supra notes 1 and 2. 7See 44 U.S.C. 3501 et seq. 8 ‘‘Collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes Agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. 9 7 U.S.C. 19(a). 10Section 15(a)(2) of the Commodity Exchange Act, 7 U.S.C. 19(a)(2), specifies that such costs and benefits shall be evaluated in light of five broad areas of market and public concern: Protection of market participants and the public; efficiency, competitiveness, and financial integrity of futures markets; price discovery; sound risk management practices; and other public interest considerations. 11See 5 U.S.C. 801–808. Commission to promulgate such rules and regulations as it deems necessary to govern the operating procedures and conduct of business of the Commission. The Commission is promulgating this rule to reflect changes in its administrative structure and to make conforming technical changes to its regulations.
II. Related Matters
A. Administrative Procedure Act
The amendments to the Commission’s regulations in this rulemaking do not establish any new substantive or legislative rules, but rather relate to the restructuring of responsibilities within the Commission, including amendments changing the names of divisions and offices that are affected by the realignment and re-delegating authority to newly formed divisions. The amendments to the Commission’s regulations relate solely to agency management, organization, procedure, and practice and provide technical corrections of a minor and administrative nature, such as technical changes to ensure consistency in reference to Commission addresses, to delete references to positions that have changed and to update the positions to align with the current Commission structure, correct typographical errors, and other similar technical corrections. Therefore, this rulemaking is excepted from the public rulemaking provisions of the Administrative Procedure Act.1 Additionally, an agency may issue a new rule in some circumstances without publication in the Federal Register of a notice of proposed rulemaking with an opportunity for comment if the agency for ‘‘good cause’’ finds (and incorporates the finding and a brief statement of the reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.2 As the revisions to the Commission’s regulations in this rulemaking will not cause any party to undertake efforts to comply with the regulations as revised, the Commission has determined to make this rulemaking effective upon publication in the Federal Register.3 B. Regulatory Flexibility Act The Regulatory Flexibility Act requires the Commission to consider whether the regulations it adopts will have a significant economic impact on a substantial number of small entities.4 The Commission is obligated to conduct a regulatory flexibility analysis for any rule for which the agency publishes a general notice of proposed rulemaking pursuant to Section 553(b) of the Administrative Procedure Act or any other law.5 This rulemaking is excepted from the public rulemaking provisions of the Administrative Procedure Act.6 Accordingly, the Commission is not required to conduct a regulatory flexibility analysis for this rulemaking.
C. Paperwork Reduction Act
The Commission may not conduct or sponsor, and a respondent is not required to respond to, a collection of information contained in a rulemaking unless the information collection displays a currently valid control number issued by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1995 (Paperwork Reduction Act).7 This final rule does not contain a ‘‘collection of information’’ as defined in the Paperwork Reduction Act 8 and, therefore, is not subject to the requirements of the Paperwork Reduction Act. D. Cost-Benefit Considerations
Section 15(a) of the Commodity
Exchange Act provides that, before promulgating a regulation under this Act or issuing an order, the Commission shall consider the costs and benefits of the action of the Commission.9 These rules govern internal agency organization, procedure, and practice, and therefore the Commission finds that none of the considerations enumerated in Section 15(a)(2) of the Commodity Exchange Act are applicable to these rules.10 E. Congressional Review Act This final rule is not a rule as defined in the Congressional Review Act.11 List of Subjects 17 CFR Part 1 Banks, banking, Brokers, Commodity futures, Consumer protection. Reporting and recordkeeping requirements, Savings associations, Swaps. 17 CFR Part 3 Administrative practice and procedure, Commodity futures, Reporting and recordkeeping requirements. 17 CFR Part 5 Commodity futures, Consumer protection, Foreign currencies, Reporting and recordkeeping requirements, Securities, Trade practices. 17 CFR Part 9 Administrative practice and procedure, Reporting and recordkeeping requirements. 17 CFR Part 10 Administrative practice and procedure, Authority delegations (Government agencies), Swaps. 17 CFR Part 11 Administrative practice and procedure, Investigations. 17 CFR Part 12 Administrative practice and procedure, Consumer protection. 17 CFR Part 13 Administrative practice and procedure. 17 CFR Part 14 Administrative practice and procedure, Lawyers. 17 CFR Part 15 Brokers, Reporting and recordkeeping requirements. 17 CFR Part 16 Reporting and recordkeeping requirements. 17 CFR Part 17 Brokers, Reporting and recordkeeping requirements. 17 CFR Part 18 Reporting and recordkeeping requirements.
17 CFR Part 20
Administrative practice and procedure, Reporting and recordkeeping requirements.
17 CFR Part 23
Authority delegations (Government agencies), Banks, banking, Foreign banking, Foreign currencies, Freedom of information, Investments, Reporting and recordkeeping requirements, Securities, Swaps, Trade practices. 17 CFR Part 30 Consumer protection, Fraud. 17 CFR Part 31 Consumer protection, Currency, Fraud, Gold, Reporting and recordkeeping requirements, Silver. 17 CFR Part 37 Commodity futures, Reporting and recordkeeping requirements, Swaps. 17 CFR Part 41 Brokers, Reporting and recordkeeping requirements, Securities. 17 CFR Part 43 Consumer protection, Reporting and recordkeeping requirements, Swaps. 17 CFR Part 45 Swaps. 17 CFR Part 46 Swaps. 17 CFR Part 49 Administrative practice and procedure, Reporting and recordkeeping requirements. 17 CFR Part 140 Authority delegations (Government agencies), Organization and functions (Government agencies). 17 CFR Part 142 Claims, Government employees. 17 CFR Part 144 Administrative practice and procedure, Courts, Government employees. 17 CFR Part 145 Conflicts of interest, Freedom of information. 17 CFR Part 146 Privacy. 17 CFR Part 147 Sunshine Act. 17 CFR Part 148 Claims, Equal access to justice, Lawyers. 17 CFR Part 149 Administrative practice and procedure, Civil rights, Equal employment opportunity, Federal buildings and facilities, Individuals with disabilities. 17 CFR Part 150 Cotton, Grains. 17 CFR Part 155 Brokers, Reporting and recordkeeping requirements. 17 CFR Part 160 Administrative practice and procedure, Brokers, Consumer protection, Privacy, Reporting and recordkeeping requirements. 17 CFR Part 162 Administrative practice and procedure, Brokers, Privacy, Reporting and recordkeeping requirements. 17 CFR Part 165 Administrative practice and procedure, Government employees, Investigations, Whistleblowing. 17 CFR Part 170 Authority delegations (Government agencies), Commodity futures, Reporting and recordkeeping requirements. 17 CFR Part 171 Administrative practice and procedure.
PART 1—GENERAL REGULATIONS
UNDER THE COMMODITY EXCHANGE
ACT
Section Remove Add
1.20(g)(4)(ii) ......................... The written acknowledgement must be in the form as set out in appendix B to this part. The written acknowledgement must be in the form as set out in Appendix B to § 1.20. 1.20(g)(4)(iv) ........................ director of the Division of Swap Dealer and Intermediary Oversight. Director of the Market Participants Division 1.20(g)(4)(iv) ........................ director of the Division of Clearing and Risk .................. Director of the Division of Clearing and Risk 1.20(g)(4)(iv) ........................ directors’ designees ........................................................ Directors’ designees 1.20, Appendix A ................. director of the Division of Swap Dealer and Intermediary Oversight. Director of the Market Participants Division 1.20, Appendix A ................. director of the Division of Clearing and Risk .................. Director of the Division of Clearing and Risk 1.20, Appendix A ................. directors’ designees ........................................................ Directors’ designees 1.20, Appendix B ................. director of the Division of Swap Dealer and Intermediary Oversight. Director of the Market Participants Division 1.20, Appendix B ................. director of the Division of Clearing and Risk .................. Director of the Division of Clearing and Risk 1.20, Appendix B ................. directors’ designees ........................................................ Directors’ designees 1.26, Appendix A ................. director of the Division of Swap Dealer and Intermediary Oversight. Director of the Market Participants Division 1.26, Appendix A ................. director of the Division of Clearing and Risk .................. Director of the Division of Clearing and Risk 1.26, Appendix A ................. directors’ designees ........................................................ Directors’ designees 1.26, Appendix B ................. director of the Division of Swap Dealer and Intermediary Oversight. Director of the Market Participants Division 1.26, Appendix B ................. director of the Division of Clearing and Risk .................. Director of the Division of Clearing and Risk 1.26, Appendix B ................. directors’ designees ........................................................ Directors’ designees 1.35(a)(9)(iii) ......................... Director of the Division of Swap Dealer and Intermediary Oversight. Director of the Market Participants Division 1.35(a)(9)(iii) ......................... Director may designate from time to time ...................... Director may designate 1.52(c)(2)(iii)(B) .................... Division of Swap Dealer and Intermediary Oversight ..... Market Participants Division 1.52(c)(2)(iii)(C) .................... Division of Swap Dealer and Intermediary Oversight ..... Market Participants Division 1.52(d)(2)(ii)(G)(2) ................ Division of Swap Dealer and Intermediary Oversight
..... Market Participants Division 1.52(d)(2)(ii)(G)(3) ................ Division of Swap Dealer and Intermediary Oversight ..... Market Participants Division 1.52(d)(2)(ii)(G)(3) ................ Division of Swap Dealer and Intermediary’s ................... Market Participants Division’s 1.52(d)(2)(iii)(D) .................... Division of Swap Dealer and Intermediary Oversight ..... Market Participants Division 1.52(f)(2) .............................. Division of Swap Dealer and Intermediary Oversight ..... Market Participants Division 1.65(d) .................................. Division of Swap Dealer and Intermediary Oversight ..... Market Participants Division 1.65(e) .................................. Division of Swap Dealer and Intermediary Oversight ..... Market Participants Division 1.65(e) .................................. may designate from time to time, ................................... may designate, 1.66(b)(5)(ii) ......................... Division of Swap Dealer and Intermediary Oversight ..... Market Participants Division 1.70(a)(2) ............................. Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. at the Commission’s Washington, DC headquarters 1.70(b)(3) ............................. Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. at the Commission’s Washington, DC headquarters 1.70(d) .................................. Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. at the Commission’s Washington, DC headquarters
Appendix B to Part 1(c) ....... Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC
20581. at the Commission’s Washington, DC headquarters
PART 3—REGISTRATION
Section Remove Add
3.56(e)(2) ............................. Division of Swap Dealer and Intermediary Oversight ..... Market Participants Division
3.63 ...................................... Division of Swap Dealer and Intermediary Oversight ..... Market Participants Division
3.70(a) .................................. Division of Swap Dealer and Intermediary Oversight ..... Market Participants Division 3.70(a) .................................. Washington, DC office .................................................... Washington, DC headquarters 3.70(a) .................................. (Attn: Deputy Director, Registration and Compliance Branch, Division of Swap Dealer and Intermediary Oversight Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581). (Attn: Deputy Director, Registration and Compliance Branch, Market Participants Division). 3.75(a) .................................. Division of Swap Dealer and Intermediary Oversight ..... Market Participants Division 3.75(a) .................................. has been delegated to him ............................................. has been delegated to them
Appendix A to Part 3, Footnote 2.
from the Contract Markets Section of the Commission’s Division of Swap Dealer and Intermediary Oversight. Commission staff
PART 5—OFF-EXCHANGE FOREIGN
CURRENCY TRANSACTIONS
Section Remove Add
10.4 ...................................... Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581.
the Commission’s Washington, DC headquarters
10.10(a)(1)(iii) ....................... Deputy General Counsel for Opinions and Review ........ Deputy General Counsel for Litigation, Enforcement, and Adjudication 10.10(a)(1)(iii) ....................... Office of General Counsel .............................................. Office of the General Counsel 10.12(d)(1) ........................... to Proceedings Clerk, Office of Proceedings, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. to the Proceedings Clerk, Office of Proceedings at the Commission’s Washington, DC headquarters 10.106(b)(3) ......................... Nothwithstanding ............................................................. Notwithstanding
PART 11—RULES RELATED TO
INVESTIGATIONS
Proceedings Clerk means any member of the Commission’s staff designated as such by the Director of the Office of Proceedings;
(b) * * *
(3) Time and place of filing of complaint. A complaint shall be filed by delivering a copy thereof, in proper form to the Office of Proceedings at the Commission’s Washington, DC headquarters. The complaint may be filed in person, during normal business hours, or by certified mail, or registered mail with return receipt requested. The complaint shall not be served on any person or party named therein. Upon the filing of the complaint and the appropriate filing fee, the Proceedings Clerk shall assign a docket number to the matter and shall maintain the official docket.
(e) Time and place of filing an answer. An answer shall be filed by delivering a copy thereof, in proper form to the Office of Proceedings at the Commission’s Washington, DC headquarters. The answer may be filed in person, during normal business hours, or by certified mail, or registered mail with return receipt requested.
PART 13—PROCEDURES FOR
PETITIONS OF RULEMAKING
§ 13.1 [Amended]
Section Remove Add
17.03(e) ................................ designate from time to time, ........................................... designate, 17.03(f) ................................. Office of Data and Technology ....................................... Division of Data 17.03(f) ................................. designate from time to time, ........................................... designate, 17.03(g) ................................ Division of Market Oversight ........................................... Division of Data 17.03(h) ................................ Division of Market Oversight ........................................... Division of Data 17.03(i) ................................. Director of the Office of Data and Technology ............... Director of the Division of Data
PART 18—REPORTS BY TRADERS
PART 30—FOREIGN FUTURES AND
FOREIGN OPTIONS TRANSACTIONS
(n) * * *
(1) Until such time as the Commission orders, otherwise, the Commission hereby delegates to the Director of the Market Participants Division or their designee the authority to perform all functions reserved to the Commission in this section. (2) The Director of the Market Participants Division may submit to the Commission for its consideration any matter which has been delegated to them pursuant to paragraph (n)(1) of this section. §§ 31.14, 31.28 and Appendix A [Amended]
38. For each section and paragraph
indicated in the left column of the following table, remove the text in the middle column from wherever it appears in the section or paragraph, and add in its place the text indicated in the right column:
Section Remove Add
31.14(a) ................................ Division of Swap Dealer and Intermediary Oversight ..... Market Participants Division 31.28(j) ................................. give telegraphic notice of that event to the principal office of the Commission in Washington, DC. give electronic notice of that event to MPDAlerts@ cftc.gov
Appendix A ........................... attention of the Office of the Secretariat, Commodity
Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581. Commission at its Washington, DC headquarters, Attn:
Financial Management Branch
PART 37—SWAP EXECUTION
FACILITIES
(d) An application for an order must be submitted to the Director of the Market Participants Division, at the Commission’s Washington, DC headquarters if in paper form, or to MPDletters@cftc.gov if submitted via electronic mail.
PART 43—REAL-TIME PUBLIC
REPORTING
(e) * * *
(1) * * *
(ii) Notification of failure to timely correct. If the swap execution facility, designated contract market, or reporting counterparty will, for any reason, fail to timely correct an error, the swap execution facility, designated contract market, or reporting counterparty shall notify the Director of the Division of Data, or such other employee or employees of the Commission as the Director may designate. The notification shall be in the form and manner, and according to the instructions, specified by the Director of the Division of Data in concurrence with the Director of the Division of Market Oversight, or such other employee or employees of the Commission as the respective Director may designate. Unless otherwise instructed by the Director of the Division of Data, or such other employee or employees of the Commission as the Director may designate from time to time, the notification shall include an initial assessment of the scope of the error or errors that were discovered, and shall include any initial remediation plan for correcting the error or errors, if an initial remediation plan exists. This notification shall be made within 12 hours of the swap execution facility’s, designated contract market’s, or reporting counterparty’s determination that it will fail to timely correct the error.
§ 43.7 [Amended]
(4) The Director of the Division of
Data shall publish in the Federal
Register and on the website of the
Commission the format, data schema, electronic data transmission methods and procedures, and dates and times for reporting acceptable to the Commission with respect to swap data reporting pursuant to § 45.11. (b) Delegation of authority to the Director of the Division of Data. The Commission hereby delegates to the Director of the Division of Data, until the Commission orders otherwise, the authority set forth in § 45.13(a)(1), to be exercised by the Director of the Division of Data or by such other employee or employees of the Commission as may be designated by the Director of the Division of Data. The Director of the Division of Data may submit to the Commission for its consideration any matter which has been delegated pursuant to this paragraph. Nothing in this paragraph prohibits the Commission, at its election, from exercising the authority delegated in this paragraph. The authority delegated
to the Director of the Division of Data by this paragraph (b) shall include:
(4) The Director of the Division of
Data shall publish from time to time in the Federal Register and on the website of the Commission the technical specifications for swap data reporting pursuant to § 45.13(a)(1).
PART 46—SWAP DATA
RECORDKEEPING AND REPORTING
REQUIREMENTS: PRE-ENACTMENT
AND TRANSITION SWAPS
(c) Delegation of authority to the
Director of the Division of Data: The
Commission hereby delegates to its
Director of the Division of Data, until the Commission orders otherwise, the authority set forth in this paragraph (c), to be exercised by the Director of the Division of Data or by such other employee or employees of the Commission as may be designated by the Director of the Division of Data. The Director of the Division of Data may submit to the Commission for its consideration any matter which has been delegated in this paragraph. Nothing in this paragraph prohibits the Commission, at its election, from exercising the authority delegated in this paragraph. The authority delegated to the Director of the Division of Data by paragraph (c) of this section shall include:
PART 49—SWAP DATA
REPOSITORIES
Section Remove Add
140.24(a)(6) ....................................................... Executive Director or his delegee .................... Executive Director or their designee in consultation with the General Counsel or their designee 140.72(a) ........................................................... Division of Swap Dealer and Intermediary Oversight. Market Participants Division 140.72(a) ........................................................... the Director of the Division of Market Oversight, the Director of the Division of Enforcement, the Director of the Division of Market Oversight, the Director of the Division of Data, the Director of the Division of Enforcement, 140.72(a) ........................................................... may designate from time to time ..................... may designate 140.72(b) ........................................................... Regional Coordinator ....................................... Regional Administrator 140.73(a) ........................................................... Division of Swap Dealer and Intermediary Oversight. Market Participants Division 140.73(a) ........................................................... may designate from time to time ..................... may designate 140.73(a) ........................................................... the Director of the Division of Enforcement, the Director of the Division of Market Oversight, the Director of the Division of Enforcement, the Director of the Division of Data, the Director of the Division of Market Oversight, 140.73(b) ........................................................... his or her .......................................................... their 140.73(b) ........................................................... Director of Market Oversight or in his or her absence each Deputy Director of the Division or for the Director of the Market Surveillance Section to release. Director of Market Oversight or in their absence each Deputy Director of the Division to release
140.75 (section heading) ................................... Director of the Division of Clearing and Risk
and Division of Swap Dealer and Intermediary Oversight.
Director of the Division of Clearing and Risk and to the Director of the Market Participants Division
140.75 ................................................................ Director of the Division of Clearing and Risk
and Division of Swap Dealer and Intermediary Oversight.
Director of the Division of Clearing and Risk and to the Director of the Market Participants Division
140.75 ................................................................ acting under his or her direction as the Director may designate from time to time.
acting under their direction as either Director may designate
140.75 ................................................................ Director of Trading and Markets or any Commission employee designated by the Director.
Director of the Division of Clearing and Risk, the Director of the Market Participants Division, or any Commission employee designated by either Director
140.75 ................................................................ Director of the Division of Clearing and Risk
and Division of Swap Dealer and Intermediary Oversight.
Director of the Division of Clearing and Risk or the Director of the Market Participants Division 140.76(a) ........................................................... Director of the Division of Clearing and Risk and Division of Swap Dealer and Intermediary Oversight, the General Counsel or any. Director of the Division of Clearing and Risk, the Director of the Market Participants Division, the General Counsel, or any Commission employee under their direction as they may designate 140.76(b) ........................................................... Director of the Division of Clearing and Risk and Division of Swap Dealer and Intermediary Oversight. Director of the Division of Clearing and Risk, the Director of the Market Participants Division
140.91 (section heading) ................................... Division of Swap Dealer and Intermediary
Oversight.
Market Participants Division
140.91(a) ........................................................... Director of the Division of Clearing and Risk and Division of Swap Dealer and Intermediary Oversight and to such members of the Commission’s staff acting under his direction as he may designate from time to time:
Director of the Division of Clearing and Risk and to the Director of the Market Participants Division and to such members of the Commission’s staff acting under their direction as they may designate:
140.91(a)(13) ..................................................... Any action taken pursuant to the delegation of authority under this paragraph (a)(12) shall be made with the concurrence of the General Counsel or, in his or her absence, a Deputy General Counsel. Any action taken pursuant to the delegation of authority under this paragraph (a)(13) shall be made with the concurrence of the General Counsel or, in their absence, a Deputy General Counsel. 140.91(b) ........................................................... The Director of the Division of Clearing and Risk and the Director of the Division Swap Dealer and Intermediary Oversight may submit any matter which has been delegated to him or her. The Director of the Division of Clearing and Risk and the Director of the Market Participants Division may submit any matter which has been delegated to them 140.92(a) ........................................................... Director of the Division of Clearing and Risk and Division of Swap Dealer and Intermediary Oversight and to such members of the Commission’s staff acting under his direction as he may designate. Director of the Division of Clearing and Risk and to the Director of the Market Participants Division and to such members of the Commission’s staff acting under their direction as they may designate 140.92(b) ........................................................... The Director of the Division of Clearing and Risk and Division Swap Dealer and Intermediary Oversight may submit any matter which has been delegated to him. The Director of the Division of Clearing and Risk and the Director of the Market Participants Division may submit any matter which has been delegated to them 140.92(c) ............................................................ Director of the Division of Clearing and Risk and Division of Swap Dealer and Intermediary Oversight. Director of the Division of Clearing and Risk and to the Director of the Market Participants Division
Section Remove Add
140.93 section heading ..................................... Division of Swap Dealer and Intermediary
Oversight.
Market Participants Division
140.93(a) ........................................................... Director of the Division of Clearing and Risk and Division of Swap Dealer and Intermediary Oversight and to such members of the Commission’s staff acting under his direction as he may designate from time to time. Director of the Division of Clearing and Risk and to the Director of the Market Participants Division and to such members of the Commission’s staff acting under their direction as they may designate 140.93(b) ........................................................... The Director of the Division of Clearing and Risk and Division Swap Dealer and Intermediary Oversight may submit any matter which has been delegated to him. The Director of the Division of Clearing and Risk and the Director of the Market Participants Division may submit any matter which has been delegated to them 140.93(c) ............................................................ Director of the Division of Clearing and Risk and Division of Swap Dealer and Intermediary Oversight. Director of the Division of Clearing and Risk and the Director of the Market Participants Division
140.94 (section heading) ................................... Director of the Division of Swap Dealer and
Intermediary Oversight and the Director of the Division of Clearing and Risk.
Director of the Market Participants Division and to the Director of the Division of Clearing and Risk 140.94(a) ........................................................... Director of the Division of Swap Dealer and Intermediary Oversight and to such members of the Commission’s staff acting under his or her direction as he or she may designate from time to time. Director of the Market Participants Division and to such members of the Commission’s staff acting under their direction as they may designate 140.94(b) ........................................................... Division of Swap Dealer and Intermediary Oversight. Market Participants Division 140.94(c) ............................................................ under his or her direction as he or she may designate from time to time:. under their direction as they may designate:
140.94(d) ........................................................... delegated to him or her .................................... delegated to them 140.94(e) ........................................................... Division of Swap Dealer and Intermediary Oversight. Market Participants Division 140.95(a) ........................................................... Director of the Division of Clearing and Risk and Division of Swap Dealer and Intermediary Oversight and to such members of the Commission’s staff acting under his direction as he may designate. Director of the Division of Clearing and Risk and to the Director of the Market Participants Division and to such members of the Commission’s staff acting under their direction as they may designate 140.95(b) ........................................................... Director of the Division of Clearing and Risk and Division of Swap Dealer and Intermediary Oversight may submit any matter which has been delegated to him. Director of the Division of Clearing and Risk and the Director of the Market Participants Division may submit any matter which has been delegated to them 140.95(c) ............................................................ Director of the Division of Clearing and Risk and Division of Swap Dealer and Intermediary Oversight. Director of the Division of Clearing and Risk and to the Director of the Market Participants Division 140.96(a) ........................................................... Director of the Division of Market Oversight or the Director’s designee, Director of the Division of Market Oversight or the Director’s designee, or the Director of the Division of Data or the Director’s designee, 140.96(b) ........................................................... the Director of Swap Dealer and Intermediary Oversight or the Director’s designee, and to the Director of the Division of Clearing and Risk or the Director’s designee or the Director’s designee, with the concurrence of the General Counsel or the General Counsel’s designee, the authority to determine to publish, and to publish, in the FEDERAL REGISTER, requests for public comment on proposed exchange and self-regulatory organization rule amendments. the Director of the Market Participants Division or the Director’s designee, and to the Director of the Division of Clearing and Risk or the Director’s designee, with the concurrence of the General Counsel or the General Counsel’s designee, the authority to determine to publish, and to publish, in the FEDERAL REGISTER, requests for public comment on proposed rule amendments by a derivatives clearing organization, designated contract market, swap data repository, swap execution facility, or registered futures association. 140.96(c) ............................................................ Director of the Division of Swap Dealer and Intermediary Oversight or the Director of the Division of Clearing and Risk. Director of the Market Participants
Division or the Director of the Division of Clearing and Risk or the Director of the Division of Data 140.96(d) ........................................................... Director of the Division of Market Oversight and to the Director of the Division of Swap Dealer and Intermediary Oversight or the Director of the Division of Clearing and Risk. Director of the Division of Market Oversight or to the Director of the Market Participants Division or to the Director of the Division of Clearing and Risk or to the Director of the Division of Data 140.99(a)(5) ....................................................... Division of Swap Dealer and Intermediary Oversight, the Division of Clearing and Risk or the Division of Market Oversight. Market Participants Division, the Division of Clearing and Risk, the Division of Market Oversight, the Division of Data, or the Office of the General Counsel, or any successor divisions or organizational units, as the context requires
Section Remove Add
140.99(d)(2)(ii) ................................................... Director of the Division of Swap Dealer and Intermediary Oversight. Director of the Market Participants Division 140.99(d)(2)(ii) ................................................... Director, Division of Clearing and Risk, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581. Director of the Division of Clearing and Risk at the Commission’s Washington, DC headquarters. 140.99(d)(2)(iii) .................................................. Director, Division of Swap Dealer and Intermediary Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581. Director of the Market Participants Division at the Commission’s Washington, DC headquarters. 140.99(d)(2)(iv) .................................................. or dsioletters@cftc.gov (for a request filed with the Division of Swap Dealer and Intermediary Oversight), as appropriate, and a properly signed paper copy of the request must be provided to the Division of Market Oversight, the Division of Clearing and Risk, or the Division of Swap Dealer and Intermediary Oversight, as appropriate, within ten days for purposes of verification of the electronic submission. or dodletters@cftc.gov (for a request filed with the Division of Data), or mpdletters@ cftc.gov (for a request filed with the Market Participants Division), as appropriate, and a properly signed paper copy of the request must be provided to the Division of Market Oversight, the Division of Data, the Division of Clearing and Risk, or the Market Participants Division, as appropriate, pursuant to paragraphs (d)(2)(i) through (iii) of this section, as applicable, within ten days for purposes of verification of the electronic submission.
(d) * * *
(2)(i)(A) A request for a letter relating to the provisions of the Act or the Commission’s rules, regulations, or orders issued thereunder governing designated contract markets, registered swap execution facilities, registered swap data repositories, registered foreign boards of trade, the nature of particular transactions and whether they are exempt or excluded from being required to be traded on one of the foregoing entities, made available for trading determinations, position limits, hedging exemptions, the trading of block trades, or position aggregation treatment shall be filed with the Director, Division of Market Oversight, Commodity Futures Trading Commission, at the Commission’s Washington, DC headquarters. (B) A request for a letter regarding the form and manner of data reporting, data standards for reporting, or the content of any trade report or form to be submitted to the Commission, under Parts 15–20, 43, 45, 46, or 49, shall be filed with the Director, Division of Data at the Commission’s Washington, DC headquarters.
PART 142—INDEMNIFICATION OF
CFTC EMPLOYEES
amended, 7 U.S.C. 12a(5) and 23 (1982); 5
U.S.C. 552 and 552b.
Section 145.6 is also issued under 7 U.S.C.
2, 4, 6, and 12; secs. 2(a)(1), 4c, 4d, 4e, 4f, 4k, 4m, 4n, 4p, 8, 8a and 19 of the Commodity Exchange Act (7 U.S.C. 2 and 4, 6c, 6d, 6e, 6f, 6k, 6m, 6n, 6p, 12, 12a and 23 (1982)); 5 U.S.C. 552 and 552b.
Section 145.8 is also issued under 7 U.S.C.
4a(j) and 16a as amended by Pub. L. 97–444,
96 Stat. 2294 (1983), and 5 U.S.C. 552, 552a and 552b.
(a) FOIA Compliance Staff—refers to the Freedom of Information Act compliance staff assigned to respond to requests for information under the Freedom of Information Act.
§§ 145.2, 145.6, 145.7, 145.8, and 145.9 and
Appendix A [Amended]
62. For each section and paragraph
indicated in the left column of the following table, remove the text in the middle column from wherever it appears in the section or paragraph, and add in its place the text indicated in the right column:
Section Remove Add
145.2 .................................... principal office of the Commission in Washington, DC .. Commission’s Washington, DC headquarters
145.6(b)(1) ........................... National Futures Association, 200 West Madison Street, Suite 1600, Chicago, Illinois 60606. National Futures Association, 300 S Riverside Plaza, Suite 1800, Chicago, IL 60606 145.7(b) ................................ Office of General Counsel .............................................. Office of the General Counsel 145.7(c) ................................ Office of General Counsel .............................................. Office of the General Counsel 145.7(f) ................................. Office of General Counsel .............................................. Office of the General Counsel 145.7(g) ................................ Office of General Counsel .............................................. Office of the General Counsel 145.7(h)(1) ........................... Compliance Staff ............................................................. FOIA compliance staff 145.7(h)(2) ........................... Compliance Staff ............................................................. FOIA compliance staff 145.7(h)(3) ........................... Office of General Counsel .............................................. Office of the General Counsel 145.7(h)(3) ........................... Compliance Staff ............................................................. FOIA compliance staff 145.7(i)(2) ............................. Office of General Counsel .............................................. Office of the General Counsel 145.7(i)(2) ............................. Compliance Staff ............................................................. FOIA compliance staff 145.7(i)(5) ............................. Office of General Counsel .............................................. Office of the General Counsel 145.7(i)(6) ............................. Compliance Staff ............................................................. FOIA compliance staff 145.7(i)(6)(iii) ........................ Compliance Staff ............................................................. FOIA compliance staff 145.7(i)(7) ............................. Office of General Counsel .............................................. Office of the General Counsel 145.7(j) ................................. Office of General Counsel .............................................. Office of the General Counsel 145.7(j) ................................. Compliance Staff ............................................................. FOIA compliance staff
145.8 .................................... Compliance Staff ............................................................. FOIA compliance staff
145.9(d)(2) ........................... Assistant Secretary of the Commission for FOI, Privacy and Sunshine Acts Compliance. Office of the General Counsel at the Commission’s Washington, DC headquarters, Attn: FOIA compliance staff 145.9(d)(3) ........................... Assistant Secretary of the Commission for FOI, Privacy and Sunshine Acts Compliance. FOIA compliance staff 145.9(d)(7) ........................... Assistant Secretary ......................................................... FOIA compliance staff 145.9(d)(9) ........................... Assistant Secretary of the Commission for FOI, Privacy and Sunshine Acts Compliance or his or her designee. FOIA compliance staff 145.9(d)(9) ........................... Assistant Secretary or his or her designee .................... FOIA compliance staff 145.9(e)(1) ........................... Assistant Secretary or his or her designee .................... FOIA compliance staff 145.9(e)(1) ........................... Assistant Secretary of the Commission for FOI, Privacy and Sunshine Acts Compliance. FOIA compliance staff 145.9(f)(1) ............................ Assistant Secretary of the Commission for FOI, Privacy and Sunshine Acts compliance or his or her designee. FOIA compliance staff 145.9(f)(2) ............................ Assistant Secretary or his or her designee .................... FOIA compliance staff 145.9(f)(3) ............................ Assistant Secretary or his or her designee .................... FOIA compliance staff 145.9(g)(3) ........................... Office of General Counsel .............................................. Office of the General Counsel 145.9(g)(3) ........................... Assistant Secretary of the Commission for FOI, Privacy and Sunshine Acts compliance. FOIA compliance staff 145.9(g)(5) ........................... Office of General Counsel .............................................. Office of the General Counsel 145.9(g)(7) ........................... Office of General Counsel .............................................. Office of the General Counsel 145.9(g)(8) ........................... Assistant Secretary of the Commission for FOI, Privacy and Sunshine Acts Compliance. FOIA compliance staff 145.9(g)(10) ......................... The General Counsel or his or here designee ............... The General Counsel or their designee 145.9(h) ................................ Assistant Secretary of the Commission for FOI, Privacy and Sunshine Acts Compliance. FOIA compliance staff
Appendix A introductory text Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581.
the Commission’s Washington, DC headquarters
Appendix A (a) (heading) ..... Office of External Affairs ................................................. Office of Public Affairs
Appendix A, (d) (heading) .... Executive Director, Administrative Services Section ...... Chief Administrative Officer, Division of Administration
Appendix A, (g) (heading) .... Division of Swap Dealer and Intermediary Oversight ..... Market Participants Division
Appendix A, (g) .................... National Futures Association, 200 West Madison
Street, Suite 1600, Chicago, Illinois 60606.
National Futures Association, 300 S Riverside Plaza, Suite 1800, Chicago, IL 60606
PART 146—RECORDS MAINTAINED
ON INDIVIDUALS
(c) The term FOIA compliance staff refers to the Freedom of Information Act compliance staff assigned to respond to requests for information under the Freedom of Information Act;
§§ 146.3, 146.4, 146.5, 146.6, 146.8, 146.9, and 146.11 and Appendix A [Amended]
PART 147—OPEN COMMISSION
MEETINGS
(g) The term FOIA Compliance staff refers to the Freedom of Information Act Compliance Staff assigned to respond to requests for information under the Freedom of Information Act. §§ 147.4, 147.5, 147.6, 147.8, and 147.9 [Amended]
Section Remove Add
150.4(e)(1) ........................... may designate from time to time .................................... may designate 150.4(e)(2) ........................... may designate from time to time .................................... may designate 150.4(e)(2) ........................... Office of Data and Technology ....................................... Division of Data 150.4(e)(3) ........................... Office of Data and Technology ....................................... Division of Data
PART 155—TRADING STANDARDS
PART 171—RULES RELATING TO
REVIEW OF NATIONAL FUTURES
ASSOCIATION DECISIONS IN
DISCIPLINARY, MEMBERSHIP DENIAL,
REGISTRATION AND MEMBER
RESPONSIBILITY ACTIONS
Note from RegAlert. AI assistants can read this document in full, and search 70,000+ more, through the RegAlert MCP connector (https://mcp.regalert.today/mcp). Free with an account. How to connect ChatGPT, Claude or Cursor.
More like this from CFTC
CFTC published 2 documents in the last 30 days. We email you each new one the day it's published.
Source: Commodity Futures Trading Commission — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
In RegAlert: added · updated