[Federal Register Volume 64, Number 152 (Monday, August 9, 1999)]
[Rules and Regulations]
[Pages 43071-43072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20275]


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COMMODITY FUTURES TRADING COMMISSION

17 CFR Parts 10 and 12


Rules of Practice and Reparation Rules; Final Rules; Corrections

AGENCY: Commodity Futures Trading Commission.

ACTION: Final Rules; technical corrections.

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SUMMARY: On October 19, 1998, the Commodity Futures Trading Commission 
(``Commission'') published in the Federal Register (63 FR 55784) final 
regulations amending its rules of practice (``Rules''), 17 CFR part 10 
(1998), which govern most adjudicatory proceedings brought under the 
Commodity Exchange Act, as amended (``Act''), other than reparations 
proceedings. The Commission has determined to make certain technical 
corrections to the rules to clarify its delegation of authority and to 
eliminate an obsolete retroactivity provision.
    In addition, the Commission has determined to make a technical 
correction to its Reparation Rules, 17 CFR part 12 (1994), to clarify 
its delegation of authority.

EFFECTIVE DATE: August 2, 1999.

FOR FURTHER INFORMATION CONTACT: Susan Nathan, Assistant General 
Counsel, Office of General Counsel, (202) 418-5120.

SUPPLEMENTARY INFORMATION: The Commission recently has undertaken a 
reexamination of its part 10 and part 12 rules and has identified those 
rules that require amendment to effect technical or conforming changes.

I. Rules Being Amended

    The following Commission rules are being amended.

A. 17 CFR 10.109

    Commission Rule 10.109 delegates certain authority to the Chief of 
the Opinions Section. As adopted, the rule authorizes the Chief or a 
person under his direction to handle particular procedural and 
technical matters and, in his discretion, to submit any matters 
otherwise falling within the terms of this rule to the Commission for 
its consideration. There is no longer an ``Opinions Section.'' 
Consequently, references in Rule 10.109 to ``the Chief of the Opinions 
Section'' have been changed to ``the General Counsel.''
    The current Rules became applicable to all proceedings pending as 
of August 20, 1985. Since there are no matters pending before the 
Commission which date back to August 20, 1985, that provision is 
unnecessary and is being deleted.

B. 17 CFR 12.408

    Commission Rule 12.408 delegates certain authority to the Deputy 
General Counsel for Opinions. As adopted, the rule authorizes the 
Deputy General Counsel for Opinions or a person under his direction 
designated by him to perform specific procedural and technical 
functions and, in his discretion, to submit any matters otherwise 
falling within the terms of this rule to the Commission for its 
consideration. There is no longer a Deputy General Counsel for 
Opinions. Consequently, references in Rule 12.408 to ``the Deputy 
General Counsel for Opinions'' have been changed to ``the General 
Counsel.''

C. Administrative Procedure Act

    The Commission has determined that the Administrative Procedure 
Act, 5 U.S.C. 553, does not require notice of proposed rulemaking and 
an opportunity for public participation in connection with these 
corrections. In this regard, the Commission notes that such notice and 
opportunity for comment is unnecessary because these technical 
corrections are related solely to agency organization, procedure and 
practice and make technical corrections. Accordingly, the Commission 
finds good cause to make these corrections effective August 2, 1999, 5 
U.S.C. 553(b)(B), 553(d)(3).
    In consideration of the foregoing, and pursuant to the authority 
contained in the Commodity Exchange Act and, in particular, sections 
2(a)(4) and 2(a)(11), the Commission corrects Chapter I of Title 17 of 
the Code of Federal Regulations as follows:

List of Subjects

17 CFR Part 10

    Administrative practice and procedure, Commodity exchanges, 
Commodity futures, Rules of practice before administrative agency.

17 CFR Part 12

    Administrative practice and procedure, Commodity exchanges, 
Commodity futures, Reparations.

PART 10--RULES OF PRACTICE

    1. The authority citation for part 10 continues to read as follows:

    Authority: Pub. L. 93-463, sec. 101(a)(11), 88 Stat. 1391; 7 
U.S.C. 4a(j), unless otherwise noted.

    2. Section 10.109 is amended by revising the introductory text, 
paragraph (a)(2)(ii) and (b) and by removing paragraph (d) to read as 
follows:


Sec. 10.109  Delegation of authority to the General Counsel.

    The Commodity Futures Trading Commission hereby delegates, until 
such time as it orders otherwise, the following function to the General 
Counsel, to be performed by him or by such person or persons under his 
direction as he may designate from time to time:
    (a) * * *
    (2) * * *
    (ii) Where, in his judgment, clarification or supplementation of 
the initial decision or other order disposing of the entire proceeding 
prior to Commission review is appropriate; however, the General Counsel 
or his designee may not direct that the record be reopened;
* * * * *
    (b) Notwithstanding the provisions of paragraph (a) of this 
section, in any case in which the General Counsel or his designee 
believes it appropriate, he may submit the matter to the Commission for 
its consideration;
* * * * *

PART 12--RULES RELATING TO REPARATION PROCEEDINGS

    1. The authority citation for part 12 continues to read as follows:

    Authority: 7 U.S.C. 4a(j), 12a(5), and 18.

    2. Section 12.408 is amended by revising the introductory text and 
paragraph (b) to read as follows:


Sec. 12.408  Delegation of authority to the General Counsel.

    Pursuant to the authority granted under section 2(a)(4) and 
2(a)(11) of the Commodity Exchange Act, as amended, 7 U.S.C. 4a(c) and 
4a(j), the Commission hereby delegates, until such time as it orders 
otherwise, the following functions to the General Counsel, to be 
performed by him or such person or persons under his direction as he 
may designate from time to time:
* * * * *
    (b) Notwithstanding the provisions of paragraph (a) of this 
section, in any case in which he believes it appropriate, the General 
Counsel or his designee may

[[Page 43072]]

submit the matter to the Commission for its consideration.
* * * * *
    Issued in Washington, DC this 2nd day of August, 1999, by the 
Commodity Futures Trading Commission.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 99-20275 Filed 8-6-99; 8:45 am]
BILLING CODE 6351-01-M