[Federal Register Volume 61, Number 245 (Thursday, December 19, 1996)]
[Proposed Rules]
[Pages 66949-66953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31930]


=======================================================================
-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION

17 CFR Parts 145 and 147


Commission Records and Information; Open Commission Meetings

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Commodity Futures Trading Commission (``Commission'' or 
``CFTC'') seeks comments on its proposal to amend rules relating to 
Commission records and information last revised October 5, 1989. The 
proposed modifications update and streamline procedures in light of the 
Commission's experience in the past several years and amend rules 
regarding open Commission meetings to conform to these modifications.

DATES: Comments are due no later than February 18, 1997.

ADDRESSES: Comments should be sent to Jean A. Webb, Secretary of the 
Commission, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1155 21st Street, NW, Washington, DC 20581; or by electronic 
mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Merry Lymn, Assistant General Counsel, 
Office of the General Counsel, Commodity Futures Trading Commission, 
Three Lafayette Centre, 1155 21st Street, NW, Washington, DC 20581. 
Telephone: (202) 418-5120.

SUPPLEMENTARY INFORMATION:

I. Background--Need for Revisions

    Based on its experience in the nearly seven years since the rules 
implementing the Freedom of Information Act (``FOIA'') (5 U.S.C. 552 
(1994)) were last revised, the Commission has identified several rules 
which it believes should be modified. The Commission invites comments 
regarding the proposed revisions.

A. Disclosure of Nonpublic Records

1. Exemption 7
    The Freedom of Information Reform Act of 1986 (Secs. 1801-1804 of 
Public L. 99-570) (``Reform Act'') amended the FOIA by modifying the 
terms of Exemption 7 (5 U.S.C. 552(b)(7)) relating to requests for 
records compiled for law enforcement purposes, and by supplying new 
provisions relating to the charging and waiving of fees. On May 22, 
1987, the Commission published a final rule at 52 FR 19306 implementing 
a Uniform Freedom of Information Act Fee Schedule and Guidelines, 
published by the Office of Management and Budget, 52 FR 10011 (March 
27, 1987) (``OMB Guidelines''). At that time, the Commission did not 
modify its rule regarding Exemption 7 set forth in 17 CFR 145.5(g). 
Nevertheless, since early 1988, the Commission has been implementing 
Exemption 7 by following the guidance set forth in the ``Attorney 
General's Memorandum on the 1986 Amendments to the Freedom of 
Information Act'' (December 1987). The Commission proposes to revise 
Rule 145.5(g) to conform to its practice and the Reform Act.
    Prior to the Reform Act, FOIA permitted the withholding of 
investigatory records, only to the extent that production ``would'' 
interfere with enforcement proceedings; ``would'' constitute an 
unwarranted invasion of personal privacy; ``would'' disclose the 
identity of a confidential source; or ``would'' endanger the life or 
safety of law enforcement personnel. 5 U.S.C. 552(b)(7) (A), (C), and 
(D) (1982). The Commission's current rule reflects this statutory 
language.
    The Reform Act relaxed the test relating to the withholding of 
investigatory records by substituting ``would'' with the phrase ``could 
reasonably be expected to'' in 5 U.S.C. 552(b)(7)(A) (interfere with 
enforcement proceedings), (b)(7)(C) (constitute an unwarranted invasion 
of personal privacy), and (b)(7)(D) (disclose identity of a 
confidential source). The Reform Act also modified subsection (b)(7)(F) 
to provide for the withholding of records to protect the life or 
physical safety of any person, not just law enforcement personnel. The 
Commission proposes to amend Rule 145.5(g) to conform to its practice 
and the Reform Act.
    Additionally, the Reform Act amended the confidential source 
provision of FOIA to extend it to include ``a State, local or foreign 
agency or authority or any private institution which furnished 
information on a confidential basis.'' The Reform Act also amended FOIA 
to provide for expanded protection of the information itself when 
provided by a confidential source in a criminal or national security 
investigation. Both of these changes are reflected in the proposed 
revision of Rule 145.5(g).
    Originally, FOIA had provided for the withholding of 
``investigative techniques and procedures.'' 5 U.S.C. 552(b)(7)(E) 
(1982). The Reform Act added an exemption for disclosure of 
``techniques and procedures for law enforcement investigations or 
prosecutions, or * * * [disclosure of] guidelines for law enforcement 
investigations or prosecutions if such disclosure could reasonably be 
expected to risk circumvention of the law.'' 5 U.S.C. 552(b)(7)(E), as 
amended. This statutory change is also reflected in the proposed 
revision of Rule 145.5(g).
    Further, the Commission proposes to expand the description of 
enforcement proceedings. Whereas the current rule describes 
``enforcement proceedings'' and ``investigatory records'' primarily as 
activities of the Commission, the proposed rule expressly includes the 
law enforcement activities of the Department of Justice, or any United 
States Attorney, or any Federal, State, local, foreign governmental 
authority or foreign futures or securities authority, or any futures or 
securities industry self-regulatory organization. Similarly, the 
proposed rule also expressly describes ``investigatory record'' to 
include material involving the possible violation of any statutory or 
regulatory provision administered by these same authorities.
    Finally, the current rule appears to limit the exemption for 
investigatory sources to persons who communicated with the Commission 
``confidentially.'' As currently phrased, this suggests that a person 
must express a desire for ``confidentiality.'' Because FOIA does not 
require a request for confidentiality, the Commission proposes to 
delete this phraseology. Thus, the proposal covers written 
communications from, or to, any person complaining or otherwise 
furnishing information respecting possible violations, as well as all 
correspondence or memoranda in connection with such complaints or 
information.
2. Other Changes
    The introductory paragraph of Rule 145.5(d)(1), which describes 
certain business information which the Commission would ordinarily 
treat as exempt from disclosure, has led to some confusion. Some 
submitters have read the phrase in (d)(1) concerning ``information * * 
* of a kind not normally disclosed by the person from whom it was 
obtained'' as meaning that if a submitter would not normally disclose 
the information to the public, the submitter can choose to have the 
Commission withhold it. Such an interpretation is not consistent with 
FOIA. The balance of the language of

[[Page 66950]]

the introductory section concerning Commission undertakings to receive 
certain material ``for its use or the use of specified persons only'' 
creates additional ambiguity. The Commission believes neither phrase 
adds to the understanding of the rest of the rule. Accordingly, the 
Commission proposes to delete the entire introductory paragraph. The 
Commission also proposes to delete the same language found in Rule 
147.3(b)(4)(i).

B. Detailed Written Justification of Request for Confidential Treatment

    Under the current scheme, when there is a FOIA request for 
materials for which confidential treatment has been sought under Rule 
145.9 by the submitter of the materials, the Assistant Secretary of the 
Commission for Freedom of Information, Privacy and Sunshine Acts 
Compliance (``Assistant Secretary'') seemingly must require the 
submitter to file a detailed written justification of the confidential 
treatment request within ten days. However, it has been the experience 
of the Commission that, in some cases, the submitter's initial petition 
for confidential treatment of the information or its response to a 
prior FOIA request is so complete that the Assistant Secretary does not 
need it to be supplemented in order to determine that confidential 
treatment is justified. Consequently, the Commission is proposing that 
under Rule 145.9(e)(1) the Assistant Secretary request submission of a 
detailed justification unless (i) pursuant to an earlier FOIA request, 
a prior determination to release or withhold the material has been 
made; (ii) the submitter has already provided sufficient information to 
grant the request for confidential treatment; or (iii) the material is 
otherwise in the public domain.
    Additionally, the Commission proposes to modify Commission Rules 
145.9(d)(7) and 145.9(e)(1). When the Assistant Secretary determines 
that there has been a request for information for which confidential 
treatment has been requested and that it is necessary to provide the 
justification, it is proposed that the Assistant Secretary notify the 
submitter of the material that the requested information will be 
released after ten business days unless the submitter objects by 
providing a detailed written justification. In the proposal, should a 
submitter fail to file a detailed written justification, the submitter 
will not be given an opportunity to appeal an adverse determination. It 
is expected that the volume of correspondence will be reduced by giving 
the Assistant Secretary this authority. The mandatory language is 
unchanged regarding what must be supplied once a request for 
confidential treatment is made.
    In some cases, submitters of material have requested confidential 
treatment of the public portions of financial reports of futures 
commission merchants and introducing brokers filed on Form 1-FR 
pursuant to 17 CFR 1.10. In the past seven years, no submitter of 
material has been able to convince the Commission to make confidential 
the public portions of these reports. However, submitters continue to 
file such requests, requiring unnecessary consumption of time and 
preparation of paperwork by submitters, requesters, and Commission 
staff. Consequently, the Commission is proposing to modify Commission 
Rules 145.5 and 145.9(d)(8) by indicating that requests for 
confidential treatment of the public portions of the financial reports 
will not be processed.1 Conforming modifications are proposed for 
Commission Rule 147.3(b)(4)(i). The Commission is not proposing any 
change regarding which portions of the Form 1-FR are treated as public 
and which portions are treated as nonpublic.
---------------------------------------------------------------------------

    \1\ To the extent that 17 CFR 1.10 and 31.13 require separate 
binding procedures so that certain portions of financial reports can 
be accorded nonpublic treatment, the Commission has proposed to 
eliminate these procedures in a separate release. 61 FR 55235 (Oct. 
25, 1996).
---------------------------------------------------------------------------

    Similarly, submitters have requested confidential treatment of 
materials which have not yet been submitted to the Commission. In 
practice, it is often difficult to identify what subsequent material is 
covered, adding greatly to processing time and expense. Accordingly, 
the Commission proposes to amend Rule 145.9(d)(4) to indicate that 
requests for confidential treatment of a future submission will not be 
processed. In some cases, however, submitters submit materials in 
installments in response to Commission requests for information, e.g., 
pursuant to investigations or in regard to contract market 
designations. The proposal sets forth a labelling procedure to address 
this situation.
    Commission Rule 145.9(d)(6) currently states that requests for 
confidential treatment are considered public documents. However, 
Commission staff routinely declines to treat requests for confidential 
treatment as public where disclosure of even the existence of a request 
would reveal nonpublic information, e.g., in the case of a request for 
confidential treatment made with respect to a submission in a pending 
investigation. Accordingly, the Commission proposes to modify 
Commission Rule 145.9(d)(6) to permit withholding information about a 
request where disclosure of the request itself would reveal other 
information exempt from disclosure.
    In all other cases, the request for confidential treatment will be 
public. Nonetheless, some requesters include confidential information 
in their requests for confidential treatment and seek confidential 
treatment of the request. Thus, the Commission proposes to amend 
Commission Rule 145.9(d)(6) to advise submitters of information to 
place information for which they want confidential treatment in an 
appendix to the request.

C. Appendix A--Compilation of Commission Records Available to the 
Public

    Appendix A to 17 CFR Part 145 contains a list of publicly available 
Commission records and the offices which are responsible for them. 
Requesters are advised to contact those offices directly for access to 
such records.
    The appendix indicates that the Office of the Secretariat maintains 
a binder of FOIA requests and responses. However, since 1985, on the 
advice of the United States Department of Justice, it has not been 
Commission practice to release the addresses or other personal 
information about requesters. See U. S. Department of Justice, Office 
of Information and Privacy, Freedom of Information Act Guide & Privacy 
Act Overview, September 1995 ed. at 209 (while release of the names of 
requesters is not an invasion of privacy, personal information about 
FOIA requesters such as home addresses and telephone numbers should not 
be disclosed), citing FOIA Update, Winter 1985 at 6 (personal 
information about an individual FOIA requester is protected under 
Exemption 6 absent a particularly compelling public interest in its 
disclosure; however, names of Privacy Act requesters should not be 
disclosed). Rather than redacting all correspondence, the Office of the 
Secretariat has been redacting personal information from the requests 
and responses only when an FOIA request is made as to those documents. 
Consequently, the Commission proposes to amend Appendix A to conform to 
its current practice by deleting reference to the binder from Appendix 
A(b)(1) and renumbering the paragraphs accordingly.
    Appendix A also indicates that requesters may obtain access to 
public portions of registration documents at the Commission's regional 
office in Chicago. Since 1983 the Commission

[[Page 66951]]

has authorized the National Futures Association (``NFA'') to perform 
various portions of the Commission's registration functions and 
responsibilities under the Commodity Exchange Act, 7 U.S.C. 1 et seq. 
(1994). By notice published at 49 FR 39518, 39523 (Oct. 9, 1984), the 
Commission authorized NFA to make available to the public for 
inspection and copying the publicly available portions of all 
registration forms compiled or maintained in connection with its 
performance of registration functions under the Commodity Exchange Act. 
At that time, the Commission notified the public that any person 
seeking to inspect or copy the publicly available portions of such 
registration forms should contact NFA directly and that a formal 
request pursuant to FOIA is not necessary to obtain such information. 
The Commission proposes to amend Appendix A accordingly.

D. Appendix B--Schedule of Fees

    The Commission last set FOIA fees on May 22, 1987 when it published 
a final rule at 52 FR 19306 (May 22, 1987). The OMB Guidelines require 
that each agency's fees for searches involving records stored in 
computer formats be based upon its direct reasonable operating costs of 
providing FOIA services. To this end, the Commission has reviewed its 
fees and proposes a new fee schedule to be set forth in Appendix B. The 
fees set forth in the proposal reflect the data the Commission 
currently reports to OMB. Fees are based upon the actual computer time 
used. The proposed fee for programming and performing searches is 
$32.00 per hour. This fee represents the average of the pay scale for 
staff who actually perform the service--GS-13, Step 4. The Commission 
has calculated its direct costs, defined by OMB for the purpose of FOIA 
fees, as salary of $27.86 per hour, plus 16 percent. 52 FR 10018 (Mar. 
27, 1987). The Commission rounded the $32.32 total to $32.00.
    Finally, in Appendix B(a)(3) the phrase ``operation of the central 
processing unit'' has caused some confusion. Rather than substituting a 
new phrase, the Commission proposes to explain the new way in which its 
records are stored in its computer systems and how searches are 
performed. This should clarify the process.

E. The Commission's Address

    The Commission proposes to update the addresses and telephone 
numbers which appear in Part 145, which have not been updated 
previously.

II. Related Matter

Regulatory Flexibility Act

    The Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601 et seq. 
(1988), requires that agencies, in proposing rules, consider the impact 
of those rules on small businesses. The Commission has previously 
determined, pursuant to 5 U.S.C. 605(b) that Part 145 rules relating to 
Commission records and information do not have a significant economic 
impact on a substantial number of small entities. Because they do not 
impose regulatory obligations on commodity professionals and small 
commodity firms, and because, if instituted, the proposed corrections 
and amendments will expedite and improve the FOIA process, the 
Commission does not expect the proposed rule to have a significant 
economic impact on a substantial number of small business entities.
    Accordingly, pursuant to Rule 3(a) of the RFA (5 U.S.C. 605(b)), 
the Chairperson, on behalf of the Commission, certifies that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities. The Commission nonetheless 
invites comment from any member of the public who believes that these 
revisions and corrections would have a significant impact on small 
businesses.

List of Subjects

17 CFR Part 145

    Confidential business information, Freedom of information.

17 CFR Part 147

    Sunshine Act.
    For the reasons set forth in the preamble, title 17, parts 145 and 
147 are proposed to be amended as follows:

PART 145--COMMISSION RECORDS AND INFORMATION

    1. The authority for Part 145 is revised to read:

    Authority: Pub. L. 99-570, 100 Stat. 3207, Pub. L. 89-554, 80 
Stat. 383, Pub. L. 90-23, 81 Stat. 54, Pub. L. 93-502, 88 Stat. 
1561-1564 (5 U.S.C. 552); Sec. 101(a), Pub. L. 93-463, 88 Stat. 1389 
(5 U.S.C. 4a(j)); unless otherwise noted.

    2. Section 145.5 is amended as set forth below:


Sec. 145.5  [Amended]

    a. In the introductory paragraph add a sentence to the end as set 
forth below.
    b. Remove the introductory text of paragraph (d)(1).
    c. In (d)(1)(i) (B) and (E) remove the following phrase: 
``Provided, The procedure set forth in 17 CFR 1.10(g) is followed:''.
    d. In (d)(1)(i) (C) and (D) remove the following phrase: ``, 
provided the procedure set forth in Sec. 1.10(g) of this chapter is 
followed''.
    e. In (d)(1)(i) (F) and (G) remove the following phrase: ``, if the 
procedure set forth in Sec. 1.10(g) of this chapter is followed''.
    f. In (d)(1)(i)(H) remove the following phrase: ``, provided the 
procedure set forth in Sec. 31.13(m) of this chapter is followed''.
    g. Paragraph (g) is revised to read as set forth below.


Sec. 145.5  Disclosure of nonpublic records.

    * * * Requests for confidential treatment of segregable public 
information will not be processed.
* * * * *
    (g)(1) Records or information compiled for law enforcement purposes 
to the extent that the production of such records or information:
    (i) Could reasonably be expected to interfere with enforcement 
activities undertaken or likely to be undertaken by the Commission or 
any other authority including, but not limited to, the Department of 
Justice, or any United States Attorney, or any Federal, State, local, 
foreign governmental authority or foreign futures or securities 
authority, or any futures or securities industry self-regulatory 
organization;
    (ii) Would deprive a person of a right to a fair trial or an 
impartial adjudication;
    (iii) Could reasonably be expected to constitute an unwarranted 
invasion of personal privacy;
    (iv) Could reasonably be expected to disclose the identity of a 
confidential source including a State, local or foreign agency or 
authority or any private institution which furnished information on a 
confidential basis, and, in the case of a record or information 
compiled by a criminal law enforcement authority in the course of a 
criminal investigation, or by an agency conducting a lawful national 
security intelligence investigation, information furnished by a 
confidential source;
    (v) Would disclose techniques or procedures or would disclose 
guidelines for law enforcement investigations or prosecutions if such 
disclosure could reasonably be expected to risk circumvention of the 
law; or
    (vi) Could reasonably be expected to endanger the life or physical 
safety of any individual.
    (2) The term ``investigatory records'' includes, but is not limited 
to, all documents, records, transcripts, evidentiary materials of any 
nature,

[[Page 66952]]

correspondence, related memoranda, or work product concerning any 
examination, any investigation (whether formal or informal), or any 
related litigation, which pertains to, or may disclose, the possible 
violation by any person of any provision of any statute, rule, or 
regulation administered by the Commission, by any other Federal, State, 
local, or foreign governmental authority or foreign futures or 
securities authority, or by any futures or securities industry self-
regulatory organization. The term ``investigatory records'' also 
includes all written communications from, or to, any person complaining 
or otherwise furnishing information respecting such possible 
violations, as well as all correspondence or memoranda in connection 
with such complaints or information.
* * * * *


Sec. 145.6  Commission offices to contact for assistance; registration 
records available.

    3. In Sec. 145.6(a), remove the phrase ``(816) 374-6602'' and add 
in its place ``(816) 931-7600''; remove the phrase ``10880 Wilshire 
Blvd., suite 1005 Los Angeles, California 90024, Telephone: (310) 575-
6783'' and add in its place ``10900 Wilshire Boulevard, Suite 400, Los 
Angeles, California 90024, Telephone: (310) 325-6783''.
    4. Section 145.9 is amended by revising paragraphs (d) (4), (6), 
(7), and (8) and the first sentence of (e)(1) to read as follows:


Sec. 145.9  Petition for confidential treatment of information 
submitted to the Commission.

* * * * *
    (d) * * *
    (4) A request for confidential treatment should accompany the 
material for which confidential treatment is being sought. If a request 
for confidential treatment is filed after the filing of such material, 
the submitter shall have the burden of showing that it was not possible 
to request confidential treatment for that material at the time the 
material was filed. A request for confidential treatment of a future 
submission will not be processed. All records which contain information 
for which a request for confidential treatment is made or the 
appropriate segregable portions thereof should be marked by the person 
submitting the records with a prominent stamp, typed legend, or other 
suitable form of notice on each page or segregable portion of each page 
stating ``Confidential Treatment Requested by [name].'' If such marking 
is impractical under the circumstances, a cover sheet prominently 
marked ``Confidential Treatment Requested by [name]'' should be 
securely attached to each group of records submitted for which 
confidential treatment is requested. Each of the records transmitted in 
this matter should be individually marked with an identifying number 
and code so that they are separately identifiable. In some 
circumstances, such as when a person is testifying in the course of a 
Commission investigation or providing documents requested in the course 
of a Commission inspection, it may be impractical to submit a written 
request for confidential treatment at the time the information is first 
provided to the Commission. In no circumstances can the need to comply 
with the requirements of this section justify or excuse any delay in 
submitting information to the Commission. Rather, in such 
circumstances, the person testifying or otherwise submitting 
information should inform the Commission employee receiving the 
information, at the time the information is submitted or as soon 
thereafter as possible, that the person is requesting confidential 
treatment for the information. The person shall then submit a written 
request for confidential treatment within 30 days of the submission of 
the information. If access is requested under the Freedom of 
Information Act with respect to material for which no timely request 
for confidential treatment has been made, it may be presumed that the 
submitter of the information has waived any interest in asserting that 
the material is confidential.
* * * * *
    (6) A request for confidential treatment (as distinguished from the 
material that is the subject of the request) shall be considered a 
public document unless disclosure of the request itself would reveal 
information exempt from disclosure. In cases in which disclosure of the 
request itself would reveal information exempt from disclosure, the 
request will not be disclosed. In all other cases, the request for 
confidential treatment will be disclosed. When a requester of 
confidential treatment deems it necessary to include, in its request 
for confidential treatment, information for which it seeks confidential 
treatment, the requester shall place that information in an appendix to 
the request. Information not segregated into such an appendix will be 
released to the public under the same considerations that the request 
itself will be released.
    (7) On ten business days notice, a submitter shall submit a 
detailed written justification of a request for confidential treatment, 
as specified in paragraph (e) of this section. The Assistant Secretary 
will notify the submitter that failure to provide timely a detailed 
written justification will be deemed a waiver of the submitter's 
opportunity to appeal an adverse determination.
    (8)(i) Requests for confidential treatment for any reasonably 
segregable material that is not exempt from public disclosure under the 
Freedom of Information Act as implemented in Sec. 145.5(d) or for 
confidential treatment of segregable public information contained in 
financial reports as specified in Sec. 1.10 shall not be processed. 
Except for those materials which have been designated as nonpublic in 
Sec. 145.5(d), a submitter has the burden of clearly and precisely 
specifying the material that is the subject of his or her confidential 
treatment request. A submitter may be able to meet this burden in 
various ways, including:
    (A) Segregating material for which confidential treatment is being 
sought;
    (B) Submitting two copies of the submission: a copy from which 
material for which confidential treatment is being sought has been 
obliterated, deleted, or clearly marked; and an unmarked copy; and
    (C) Clearly describing the material within a submission for which 
confidential treatment is being sought.
    (ii) A submitter shall not employ a method of specifying the 
material for which confidential treatment is being sought if that 
method makes it unduly difficult for the Commission to read the full 
submission, including all portions claimed to be confidential, in its 
entirety.
* * * * *
    (e) * * * (1) If the Assistant Secretary or his or her designee 
determines that a FOIA request seeks material for which confidential 
treatment has been requested pursuant to Sec. 145.9, the Assistant 
Secretary or his or her designee shall require the submitter to file a 
detailed written justification of the confidential request within ten 
business days of that determination unless:
    (i) Pursuant to an earlier FOIA request, a prior determination to 
release or withhold the material has been made;
    (ii) The submitter has already provided sufficient information to 
grant the request for confidential treatment; or
    (iii) The material is otherwise in the public domain.
    * * *
* * * * *

[[Page 66953]]

Appendix A to Part 145--Compilation of Commission Records Available to 
the Public.

    6. In Appendix A remove paragraph (b)(1) and redesignate paragraphs 
(b)(2) through (b)(13) as (b)(1) through (b)(12), respectively; and in 
paragraph (g) of Appendix A remove the phrase ``from the Division of 
Trading and Markets, Commodity Futures Trading Commission, 300 South 
Riverside Plaza, suite 1600 North, Chicago, Illinois 60606 or''.
    7. Amend Appendix B to Part 145 by revising paragraph (a)(3) to 
read as follows:

Appendix B to Part 145--Schedule of Fees.

    (a) * * *
    (3) The Commission uses a variety of computer systems to support 
its operations and store records. Older systems of records, 
particularly systems involving large numbers of records, are maintained 
on a mainframe computer. More recently, systems have been developed 
using small, inexpensive, shared computer systems to store records. 
Systems of use in particular programmatic and administrative operations 
may also store records on the workstation computers assigned to 
particular staff members. For searches of records stored on the 
Commission's mainframe computer, the use of computer processing time 
will be charged at $456.47 for each hour, $7.61 for each minute, and 
$0.1268 for each second of computer processing time indicated by the 
job accounting log printed with each search. When searches require the 
expertise of a computer specialist, staff time for programming and 
performing searches will be charged at $32.00 per hour. For searches of 
records stored on personal computers used as workstations by Commission 
staff and shared access network servers, the computer processing time 
is included in the search time for the staff member using that 
workstation as set forth in the other subsections of Appendix B, 
section (a).
* * * * *

PART 147--OPEN COMMISSION MEETINGS

    8. The authority for part 147 continues to read:

    Authority: Sec. 3(a), Pub. L. 94-409, 90 Stat. 1241 (5 U.S.C. 
552b); sec. 101(a)(11), Pub. L. 93-463, 88 Stat. 1391 (7 U.S.C. 
4a(j)(Supp. V, 1975)), unless otherwise noted.


Sec. 147.3  [Amended]

    9. In Sec. 147.3 make the following changes:
    a. Remove the introductory text of paragraph (b)(4)(i).
    b. In paragraphs (b)(4)(i)(A) (2) and (5) remove the following 
phrase: ``Provided, The procedure set forth in 17 CFR 1.10(g) is 
followed:''.
    c. In paragraphs (b)(4)(i)(A) (3) and (4) remove the following 
phrase: ``, provided, the procedure set forth in Sec. 1.10(g) of this 
chapter is followed''.
    d. In paragraphs (b)(4)(i)(A) (6) and (7) remove the following 
phrase: ``, if the procedure set forth in Sec. 1.10(g) of this chapter 
is followed''.
    e. In paragraph (b)(4)(i)(A)(8) remove the following phrase: 
``provided the procedure set forth in Sec. 31.13(m) of this chapter is 
followed''.

    Issued by the Commission.

    Dated: December 11, 1996.
Jean A. Webb,
Secretary of the Commission, Commodity Futures Trading Commission.
[FR Doc. 96-31930 Filed 12-18-96; 8:45 am]
BILLING CODE 6351-01-P