[Federal Register Volume 60, Number 207 (Thursday, October 26, 1995)]
[Rules and Regulations]
[Pages 54801-54803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26371]



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COMMODITY FUTURES TRADING COMMISSION

17 CFR Parts 1, 3, 9, 10, 11, and 21


Change of Address; Change in Titles of Office and Personnel

AGENCY: Commodity Futures Trading Commission.

ACTION: Final rule.

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SUMMARY: The Commodity Futures Trading Commission is amending its 
regulations to reflect changes in office titles, personnel titles and 
address in its regulations.

EFFECTIVE DATE: October 26, 1995.

FOR FURTHER INFORMATION CONTACT: Stacy Yochum, Office of the Executive 
Director, Commodity Futures Trading Commission, Three Lafayette Centre, 
1155 21st Street, NW., Washington, DC 20581, (202) 418-5157.

SUPPLEMENTARY INFORMATION: In 1984, the Commission changed the title of 
the Division of Economics and Education to the Division of Economic 
Analysis. Also in 1984, the Commission combined the Office of Hearings 
and Appeals with the Complaints Section to create the Office of 
Proceedings. The former Hearing Clerk was given the title of 
Proceedings Clerk. At the same time, the Commission reassigned the 
administrative duties of the vacant position of Chief Administrative 
Law Judge to the Director of the Office of Proceedings. In 1990, the 
Commission eliminated the Opinions Section as a separate entity within 
the Office of General Counsel and the Chief of the Opinions Section 
became the Deputy General Counsel for Opinions and Review. As of 
October 1, 1995, the Commission moved its headquarters offices, 
including the Office of Proceedings, to Three Lafayette Centre, 1155 
21st Street, NW., Washington, DC 20581. The Commission is now amending 
its regulations to reflect these changes.

List of Subjects in 17 CFR Parts 1, 3, 9, 10, 11, and 21

    Administrative practice and procedure, Commodity Futures Trading 
Commission, and Reporting and recordkeeping requirements.
    Based upon the foregoing, pursuant to its authority contained in 
section 2(a)(11) of the Commodity Exchange Act, 7 U.S.C. 4a(j), the 
Commission hereby amends 17 CFR Chapter I of the Code of Federal 
Regulations as follows:

PART 1--[AMENDED]

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

    Authority: 7 U.S.C. 1a, 2, 2a, 4, 4a, 6, 6a, 6b, 6c, 6d, 6e, 6f, 
6g, 6h, 6i, 6k, 6l, 6m, 6n, 6o, 6p, 7, 7a, 7b, 8, 9, 12, 12a, 12c, 
13a, 13a-1, 16, 16a, 19, 21, 23, 24.


Sec. 1.66  [Amended]

    2. Section 1.66, paragraphs (b)(2), (b)(3) and (b)(5)(ii) are 
amended by removing ``Hearing Clerk'' and adding ``Proceedings Clerk'' 
in each place it occurs.

PART 3--[AMENDED]

    1. The authority citation for part 3 continues to read as follows:

    Authority: 7 U.S.C. 1a, 2, 4, 4a, 6, 6b, 6c, 6d, 6e, 6f, 6g, 6h, 
6i, 6k, 6m, 6n, 6o, 6p, 8, 9, 9a, 12, 12a, 13b, 13c, 16a, 18, 19, 
21, 23; 5 U.S.C. 552, 552b.


Sec. 3.50  [Amended]

    2. Section 3.50, paragraph (d) is amended by removing ``Hearing 
Clerk'' and adding ``Proceedings Clerk'' in its place.


Sec. 3.55  [Amended]

    3. Section 3.55, paragraphs (b), (c) and (e)(2) are amended by 
removing ``Hearing Clerk'' and adding ``Proceedings Clerk'' in each 
place it occurs.


Sec. 3.56  [Amended]

    4. Section 3.56, paragraphs (b)(3), (c) and (e)(2) are amended by 
removing ``Hearing Clerk'' and adding ``Proceedings Clerk'' in each 
place it occurs.


Sec. 3.60  [Amended]

    5. In Sec. 3.60, the introductory text of paragraph (b), paragraph 
(b)(2)(ii), the introductory test of paragraph (c), paragraph (d)(3), 
paragraph (h)(4) and paragraph (h)(5)(i) are amended by removing 
``Hearing Clerk'' and adding ``Proceedings Clerk'' in each place it 
occurs.


Sec. 3.64  [Amended]

    6. Section 3.64, paragraphs (a), (b)(1), (b)(2) and (d) are amended 
by removing ``Hearing Clerk'' and adding ``Proceedings Clerk'' in each 
place it occurs.

PART 9--[AMENDED]

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

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


Sec. 9.9  [Amended]

    2. Section 9.9, paragraph (b)(1) introductory text is amended by 
removing ``Chief of the Opinions Section, or the Chief's designee'' and 
adding ``Deputy General Counsel for Opinions and Review, or designee'' 
in its place.
    3. Section 9.9, paragraphs (b)(3) and (b)(4) are amended by 
removing ``Chief of the Opinions Section'' and adding ``Deputy General 
Counsel for Opinions and Review'' in each place it occurs.

PART 10--[AMENDED]

    1. The authority 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 10.2, paragraph (i) is revised to read as follows:


Sec. 10.2  Definitions.

* * * * *
    (i) Proceedings Clerk means that member of the Commission's staff 
designated as such in the Commission's Office of Proceedings.
* * * * *
    3. The first sentence of Sec. 10.4 is revised to read as follows:


Sec. 10.4  Business address; hours.

    The Office of Proceedings is located at Three Lafayette Centre, 
1155 21st Street NW., Washington, DC 20581.* * *


Sec. 10.7  [Amended]

    3. Section 10.7 is amended by removing ``Hearing Clerk'' and adding 
``Proceedings Clerk'' in its place.
    4. Section 10.10, paragraph (a)(1)(iii) is revised to read as 
follows:


Sec. 10.10  Ex parte communications.

    (a) * * *
    (1) * * *
    (iii) The Deputy General Counsel for Opinions and Review and staff 
of the Office of General Counsel.
* * * * *
    5. Section 10.10, paragraph (a)(1)(iv) is amended by removing 
``Office of Hearings and Appeals'' and adding ``Office of Proceedings'' 
in its place. 

[[Page 54802]]



Sec. 10.12  [Amended]

    6. Section 10.12, paragraph (a)(3) is amended by removing ``Hearing 
Clerk'' and adding ``Proceedings Clerk'' in its place.
    7. Section 10.12, paragraph (b) is amended by removing ``Hearing 
Clerk'' and adding ``Proceedings Clerk'' in its place.
    8. Section 10.12, paragraph (d) is revised to read as follows:


Sec. 10.12  Service and filing of documents; form and execution.

* * * * *
    (d) Filing of documents with the Proceedings Clerk. (1) All 
documents which are required to be served upon a party shall be filed 
concurrently with the Proceedings Clerk. A document shall be filed by 
delivering it in person or by certified or registered mail with return 
receipt requested to:

    Proceedings Clerk, Office of Proceedings, Three Lafayette 
Centre, 1155 21st Street, NW., Washington, DC 20581.

    (2) To be timely filed, a document must be received by the 
Proceedings Clerk within the time prescribed for filing.
* * * * *
    9. Section 10.12, paragraphs (e)(1), (e)(2), (e)(5) and (e)(6) are 
amended by removing ``Hearing Clerk'' and adding ``Proceedings Clerk'' 
in each place it occurs.
    10. In Sec. 10.12, the concluding text of paragraph (f)(1) is 
amended by removing ``Hearing Clerk'' and adding ``Proceedings Clerk'' 
in its place.
    11. Section 10.12, paragraph (g) is revised to read as follows:
* * * * *
    (g) Official docket. The Proceedings Clerk will maintain the 
official docket for each proceeding. The official docket is available 
for public inspection in the Commission's Office of Proceedings.


Sec. 10.22  [Amended]

    12. Section 10.22, paragraph (b) is amended by removing ``Hearing 
Clerk'' and adding ``Proceedings Clerk'' in its place.


Sec. 10.23  [Amended]

    13. Section 10.23, paragraph (a) is amended by removing ``Hearing 
Clerk'' and adding ``Proceedings Clerk'' in its place.


Sec. 10.26  [Amended]

    14. Section 10.26, paragraph (a), introductory text, is amended by 
removing ``Hearing Clerk'' and adding ``Proceedings Clerk'' in its 
place.


Sec. 10.42  [Amended]

    15. Section 10.42, paragraph (c)(1) is amended by removing 
``Hearing Clerk'' and adding ``Proceedings Clerk'' in its place.


Sec. 10.44  [Amended]

    16. Section 10.44, paragraphs (d)(2)(ii) and (f)(1) are amended by 
removing ``Hearing Clerk'' and adding ``Proceedings Clerk'' in each 
place it occurs.


Sec. 10.65  [Amended]

    17. Section 10.65, paragraph (b) is amended by removing ``Hearing 
Clerk'' and adding ``Proceedings Clerk'' in its place.


Sec. 10.68  [Amended]

    18. Section 10.68, paragraphs (a)(1) and (b)(3) are amended by 
removing ``Chief Administrative Law Judge'' and adding ``Director of 
the Office of Proceedings'' in each place it occurs.


Sec. 10.81  [Amended]

    19. Section 10.81 is amended by removing ``Hearing Clerk'' and 
adding ``Proceedings Clerk'' in its place.


Sec. 10.83  [Amended]

    20. Section 10.83 is amended by removing ``Hearing Clerk'' and 
adding ``Proceedings Clerk'' in its place.


Sec. 10.84  [Amended]

    21. Section 10.84, paragraph (b) is amended by removing ``Hearing 
Clerk'' and adding ``Proceedings Clerk'' in each place it occurs.
    22. Section 10.84, paragraph (c) concluding text is amended by 
removing ``Hearing Clerk'' and adding ``Proceedings Clerk'' in its 
place.


Sec. 10.92  [Amended]

    23. Section 10.92, paragraphs (a), (b)(2) and (b)(3) are amended by 
removing ``Hearing Clerk'' and adding ``Proceedings Clerk'' in each 
place it occurs.


Sec. 10.102  [Amended]

    24. Section 10.102, paragraph (a) is amended by removing ``Hearing 
Clerk'' and adding ``Proceedings Clerk'' in each place it occurs.
    25. Section 10.102, paragraph (c) is amended by removing ``Hearing 
Clerk'' and adding ``Proceedings Clerk'' in its place.


Sec. 10.103  [Amended]

    26. Section 10.103, paragraph (a) is amended by removing ``Hearing 
Clerk'' and adding ``Proceedings Clerk'' in its place.


Sec. 10.105  [Amended]

    27. Section 10.105 is amended by removing ``Hearing Clerk'' and 
adding ``Proceedings Clerk'' in its place.


Sec. 10.108  [Amended]

    28. Section 10.108, paragraph (d) is amended by removing ``Hearing 
Clerk'' and adding ``Proceedings Clerk'' in its place.


Sec. 10.109  [Amended]

    29. The introductory text of Sec. 10.109 is amended by removing 
``Chief of the Opinions Section'' and adding ``Deputy General Counsel 
for Opinions and Review'' in its place.
    30. Section 10.109, paragraph (a)(2)(ii) is amended by removing 
``Chief'' and adding ``Deputy General Counsel for Opinions and Review'' 
in its place.
    31. Section 10.109, paragraph (b) is amended by removing ``Chief of 
the Opinions Section'' and adding ``Deputy General Counsel for Opinions 
and Review'' in its place.
    32. Section 10.109, paragraph (c) is amended by removing ``Hearing 
Clerk'' and adding ``Proceedings Clerk'' in its place.

PART 11--[AMENDED]

    1. The authority citation for part 11 continues to read as follows:

    Authority: 7 U.S.C. 4a(j), 9 and 15, 12, 12a(5), unless 
otherwise noted.


Sec. 11.2  [Amended]

    2. Section 11.2, paragraph (a) is amended by removing ``Director of 
the Division of Economics and Education'' and adding ``Director of the 
Division of Economic Analysis'' in its place.

PART 21--[AMENDED]

    1. The authority citation for part 21 continues to read as follows:

    Authority: 7 U.S.C. 1a, 2, 2a, 4, 6a, 6c, 6f, 6g, 6h, 6i, 6k, 
6m, 6n, 7, 7a, 12a, 19, and 21; 5 U.S.C. 552 and 552(b), unless 
otherwise noted.


Sec. 21.02a  [Amended]

    2. Section 21.02a, paragraph (c) is amended by removing ``Director 
of Economics and Education'' and adding ``Director of the Division of 
Economic Analysis'' in its place.

    The foregoing rules shall be effective October 26, 1995. The 
Commission finds that the amendments relate solely to agency 
organization, procedure or practice and that the public procedures 
and publication prior to the effective date of the amendments, in 
accordance with the Administrative Procedure Act, as codified, 5 
U.S.C. 553, are not required.

 
[[Page 54803]]

    Issued in Washington, DC, on October 19, 1995, by the 
Commission.
Lynn K. Gilbert,
Deputy Secretary of the Commission.
[FR Doc. 95-26371 Filed 10-25-95; 8:45 am]
BILLING CODE 6351-01-P