[Federal Register Volume 67, Number 199 (Tuesday, October 15, 2002)]
[Rules and Regulations]
[Pages 63538-63539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26124]


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COMMODITY FUTURES TRADING COMMISSION

17 CFR Part 145


Commission Records and Information

AGENCY: Commodity Futures Trading Commission.

ACTION: Final rules.

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SUMMARY: The Commodity Futures Trading Commission (the ``Commission'' 
or ``CFTC'') has adopted amendments to Part 145 of its rules, which 
governs Commission records and information. These amendments are 
necessary to conform Part 145 to recent amendments to the Commission's 
Part 3 rules and recent changes in the organizational structure of 
Commission staff.

EFFECTIVE DATE: October 15, 2002.

FOR FURTHER INFORMATION CONTACT: Lawrence B. Patent, Deputy Director, 
or Michael A. Piracci, Attorney-Advisor, Compliance and Registration 
Section, Division of Clearing and Intermediary Oversight, Commodity 
Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, 
NW., Washington, DC 20581. Telephone: (202) 418-5430.

SUPPLEMENTARY INFORMATION:

I. Background

    On May 30, 2002, the Commission adopted amendments to its Part 3 
rules governing the registration of intermediaries in the futures 
industry. These amendments were adopted to facilitate the change from a 
paper-based registration system to an online registration system.\1\ 
Although

[[Page 63539]]

applications are now filed electronically through NFA's online 
registration system, the Commission's rules and NFA's rules both retain 
the same titles for the forms that applicants and registrants are 
required to file as those used under the previous paper-based 
system.\2\ The online forms do not, however, retain the line item 
numbering from the paper forms. The online forms, instead, contain 
headings for the sections that include fillable text boxes and check-
off boxes for submitting the required information.
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    \1\ The National Futures Association (``NFA'') began processing 
applications for almost all registration categories through the 
online registration system on June 3, 2002. Agricultural trade 
option merchants as well as applicants for registration as futures 
commission merchants and introducing brokers pursuant to Section 
4f(a)(2) of the Commodity Exchange Act (notice-registration of 
securities broker-dealers whose only futures-related activity 
involves security futures products) still file paper applications.
    \2\ These forms include, among others: Form 7-R (application for 
registration as a futures commission merchant, introducing broker, 
commodity pool operator, and commodity trading advisor); Form 8-R 
(application for registration as an associated person, floor broker, 
and floor trader, and for being listed as a principal of a 
registrant); and Form 7-W (withdrawal from firm registration).
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    Commission Rule 145.6(b)(2) provides that fingerprint cards and 
supplementary attachments filed in response to certain items on the 
registration forms generally will not be available for public 
inspection. The item numbers of the registration forms referenced in 
the rule include requests for information regarding, among other 
things: (1) Disciplinary history; (2) social security number; (3) any 
pending or anticipated actions; and (4) the reasons for termination of 
a registrant or principal.
    As noted above, the online forms no longer number the line items 
required to be completed, but do contain section headings. Accordingly, 
Rule 145.6(b)(2) has been amended to include the relevant sections of 
the online forms for which the supplementary filings are not available 
for public inspection. No change has been made, however, in the type of 
information that generally will not be made available. For example, the 
rule previously cited to items 6-9 and 14-21 on Form 8-R, which asked 
for personal identifying information, such as the individual's social 
security number and date of birth, and a disciplinary history, 
respectively. The rule has been amended to provide that, additionally, 
supplementary attachments filed in response to the ``Personal 
Information'' and the ``Disciplinary Information'' sections of Form 8-R 
will not generally be available for public inspection.
    The Commission has also adopted certain technical amendments to 
Part 145. For example, the Commission has amended Appendix A to Part 
145 so as to reference the appropriate divisions of the Commission, the 
names of which have changed as a result of the reorganization of the 
Commission's staff, effective July 1, 2002.

II. Related Matters

Administrative Procedure Act

    The Commission has determined that the amendments discussed herein 
relate solely to agency organization, procedure, and practice. 
Accordingly, the provisions of the Administrative Procedure Act that 
generally require notice of proposed rulemaking and that provide other 
opportunities for public participation are not applicable.\3\ The 
Commission further finds that, because the amendments 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.\4\
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    \3\ 5 U.S.C. 553(b)(3)(A) (1994).
    \4\ See 5 U.S.C. 553(d)(3) (1994).
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Lists of Subjects in 17 CFR Part 145

    Confidential business information, Freedom of information.

    For the reasons discussed in the foregoing, the Commission hereby 
amends Chapter I of Title 17 of the Code of Federal Regulations as 
follows:

PART 145--COMMISSION RECORDS AND INFORMATION

    1. The authority citation for Part 145 continues to read as 
follows:

    Authority: Pub. L. 99-570, 100 Stat. 3207; Pub. L. 89-554, 80 
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 145.6 is amended as follows:
    a. By revising paragraph (b)(2) to read as follows:


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

* * * * *
    (b) * * *
    (2) The fingerprint card and any supplementary attachments filed in 
response to:
    (i) Items 6-9, 14-21, the ``Personal Information,'' or the 
``Disciplinary Information'' sections on Form 8-R;
    (ii) Item 3 on Form 8-S;
    (iii) Items 3-5, 9-11, the ``Withdrawal Reasons,'' the 
``Disciplinary Information,'' or the ``Matter Information'' sections on 
Form 8-T;
    (iv) Items 9-10 on Form 7-R;
    (v) Item 7 and the ``Additional Customer Information'' section on 
Form 7-W; and
    (vi) Item 7 on Form 8-W generally will not be available for public 
inspection and copying unless such disclosure is required under the 
Freedom of Information Act. Changes or corrections to those items 
reported on Form 3-R will be treated similarly. When such fingerprint 
cards or supplementary attachments are on file, the FOI, Privacy and 
Sunshine Acts compliance staff will decide any request for access in 
accordance with the procedures set forth in Sec. Sec.  145.7 and 145.9.

    3. Part 145 Appendix A paragraph (a) is amended by removing 
``Office of Public Affairs'' and adding in its place ``Office of 
External Affairs''.

    4. Part 145 Appendix D paragraph (c) is amended by removing 
``Office of Public Affairs'' and adding in its place ``Office of 
External Affairs''.

    Issued in Washington, DC, on October 9, 2002, by the Commission.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 02-26124 Filed 10-11-02; 8:45 am]
BILLING CODE 6351-01-P