[Federal Register Volume 65, Number 208 (Thursday, October 26, 2000)]
[Rules and Regulations]
[Pages 64136-64137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27481]


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

COMMODITY FUTURES TRADING COMMISSION

17 CFR Part 140


Delegation of Authority to Disclose and Request Information

AGENCY: Commodity Futures Trading Commission.

ACTION: Final rules.

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

SUMMARY: The Commodity Futures Trading Commission (Commission) is 
amending certain provisions of its part 140 regulations to add the 
Director and Deputy Director of the Commission's Office of 
International Affairs as persons to whom certain authorities are 
delegated.

EFFECTIVE DATE: October 26, 2000.

FOR FURTHER INFORMATION CONTACT: Robert Rosenfeld, Deputy Director, 
Office of International Affairs, Commodity Futures Trading Commission, 
Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. 
Telephone: (202) 418-5645. 
E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Delegation

    Commission regulations have been amended to add the Director of the 
Office of International Affairs (Director) and, in certain 
circumstances the Deputy Director, as persons authorized in appropriate 
cases to disclose certain non-public information to other governmental, 
judicial or market authorities in carrying out his or her duties. The 
amendments would affect the authority to disclose: (1) Information to a 
contract market, registered futures association or self-regulatory 
organization (17 CFR 140.72), and (2) information to United States 
(U.S.), States and foreign government agencies and foreign futures 
authorities (17 CFR 140.73). This authority will facilitate OIA's 
ability to coordinate and share information with foreign authorities 
for regulatory oversight, fitness inquiries and other regulatory 
purposes.

II. Related Matters

A. Administrative Procedure Act

    The Commission has determined that this delegation of authority 
relates solely to agency organization, procedure and practice. 
Therefore, the provisions of the Administrative Procedure Act that 
generally require notice of proposed rulemaking and that provide other 
opportunities for public participation \1\ are not applicable. The 
Commission further finds that, because the rules have no adverse effect 
upon a member of the public, there is good cause to make them effective 
immediately upon publication in the Federal Register.
---------------------------------------------------------------------------

    \1\ 5 U.S.C. 553 (1994).
---------------------------------------------------------------------------

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) \2\ requires that agencies, in 
proposing rules, consider the impact of those rules on small 
businesses. The rules discussed herein are only an administrative 
delegation and will have no impact on registered entities or other 
persons subject to the Commission's regulatory authority. The rules 
solely authorize the transmission of information and do not impose any 
regulatory burden. Moreover, even assuming such impact, the Commission 
has previously established certain definitions of ``small entities'' to 
be used by the Commission in evaluating the impact of its rules on such 
small entities in accordance with the RFA, and determined that contract 
markets, futures commission merchants (FCMs) large traders and 
commodity pool operators (CPOs) are not small entities under the RFA. 
\3\ With respect to commodity trading advisors (CTAs) and introducing 
brokers (IBs), the Commission stated that it would evaluate within the 
context of a particular proposal whether all or some affected CTAs and 
IBs should be considered small entities and if so, that it would 
analyze the economic impact on them of any rule.\4\ As noted above, 
this rule does not change any obligations or otherwise impose any 
regulatory burdens. Accordingly, the Chairman, on behalf of the 
Commission, hereby certifies, pursuant to 5 U.S.C. 605(b), that these 
rule amendments will not have a significant impact on a substantial 
number of small entities.
---------------------------------------------------------------------------

    \2\ 5 U.S.C. 601 et seq. (1994).
    \3\ 47 FR 18618, 18618-18621 (April 30, 1982).
    \4\ Id. at 18618-18620.
---------------------------------------------------------------------------

List of Subjects in 17 CFR Part 140

    Authority delegations (Government agencies), Organization and 
functions (Government agencies).

    In consideration of the foregoing and pursuant to the authority 
contained in the Act and, in particular, Sections 2a and 8a,\5\ the 
Commission is amending Part 140 of Chapter I of Title 17 of the Code of 
Federal Regulations as follows:
---------------------------------------------------------------------------

    \5\ 7 U.S.C. 4a and 12a (1994).
---------------------------------------------------------------------------

PART 140--[AMENDED]

    1. The authority citation for Part 140 continues to read as 
follows:

    Authority: 7 U.S.C. 4a and 12a.

[[Page 64137]]

Sec. 140.72  [Amended]

    2. Paragraph (a) of Sec. 140.72 is amended by removing ``and each 
of the Directors of the Market Surveillance Branches'' and adding, 
``each of the Directors of the Market Surveillance Branches, the 
Director of the Office of International Affairs and the Deputy Director 
of the Office of International Affairs'' in its place.


Sec. 140.73  [Amended]

    3. Paragraph (a) of Sec. 140.73 is amended by adding, ``and the 
Director of the Office of International Affairs or, in his or her 
absence, the Deputy Director of the Office of International Affairs'' 
after ``each Deputy Director of the Division of Trading and Markets.''

    Issued in Washington, DC on October 19, 2000 by the Commission.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 00-27481 Filed 10-25-00; 8:45 am]
BILLING CODE 6351-01-M