[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Proposed Rules]
[Pages 39205-39206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12832]


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COMMODITY FUTURES TRADING COMMISSION

17 CFR Part 39

RIN 3038-AF21


Derivatives Clearing Organization Risk Management Regulations To 
Account for the Treatment of Separate Accounts by Futures Commission 
Merchants

AGENCY: Commodity Futures Trading Commission.

ACTION: Extension of comment period.

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SUMMARY: On April 14, 2023, the Commodity Futures Trading Commission 
(Commission or CFTC) published in the Federal Register a notice of 
proposed rulemaking (NPRM) titled Derivatives Clearing Organization 
Risk Management Regulations To Account for the Treatment of Separate 
Accounts by Futures Commission Merchants. The comment period for the 
NPRM closes on June 13, 2023. The Commission is extending the comment 
period for this NPRM by an additional 17 days.

DATES: The comment period for the NPRM titled Derivatives Clearing 
Organization Risk Management Regulations To Account for the Treatment 
of Separate Accounts by Futures Commission Merchants, published April 
14, 2023 at 88 FR 22934, is extended through June 30, 2023.

[[Page 39206]]


ADDRESSES: You may submit comments, identified by RIN 3038-AF21, by any 
of the following methods:
     CFTC Comments Portal: https://comments.cftc.gov. Select 
the ``Submit Comments'' link for this rulemaking and follow the 
instructions on the Public Comment Form.
     Mail: Send to Christopher Kirkpatrick, Secretary of the 
Commission, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1155 21st Street NW, Washington, DC 20581.
     Hand Delivery/Courier: Follow the same instructions as for 
Mail, above.
    Please submit your comments using only one of these methods. 
Submissions through the CFTC Comments Portal are encouraged.
    All comments must be submitted in English, or if not, accompanied 
by an English translation. Comments will be posted as received to 
https://comments.cftc.gov. You should submit only information that you 
wish to make available publicly. If you wish the Commission to consider 
information that you believe is exempt from disclosure under the 
Freedom of Information Act, a petition for confidential treatment of 
the exempt information may be submitted according to the procedures 
established in Sec.  145.9 of the Commission's regulations.\1\ The 
Commission reserves the right, but shall have no obligation, to review, 
pre-screen, filter, redact, refuse or remove any or all of your 
submission from https://comments.cftc.gov that it may deem to be 
inappropriate for publication, such as obscene language.
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    \1\ 17 CFR 145.9.

FOR FURTHER INFORMATION CONTACT: Robert B. Wasserman, Chief Counsel, 
Division of Clearing and Risk, at 202-418-5092 or [email protected], 
or Daniel O'Connell, Special Counsel, Division of Clearing and Risk, at 
202-418-5583 or [email protected], at the Commodity Futures Trading 
Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 
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20581.

SUPPLEMENTARY INFORMATION: On April 14, 2023, the Commission published 
in the Federal Register an NPRM proposing to amend the CFTC's 
derivatives clearing organization (DCO) risk management regulations 
adopted under section 5b of the Commodity Exchange Act to permit 
futures commission merchants that are clearing members to treat the 
separate accounts of a single customer as accounts of separate entities 
for purposes of Commission regulation Sec.  39.13(g)(8)(iii).\2\ The 
proposed amendments would add a new paragraph (j) to regulation Sec.  
39.13 establishing the conditions under which a DCO may permit such 
separate account treatment. The comment period for the NPRM closes on 
June 13, 2023. As requested by a commenter, the Commission is extending 
the comment period for this NPRM by an additional 17 days.\3\ This 
extension of the comment period will allow interested persons 
additional time to analyze the proposal and prepare their comments.
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    \2\ Derivatives Clearing Organization Risk Management 
Regulations To Account for the Treatment of Separate Accounts by 
Futures Commission Merchants, 88 FR 22934 (Apr. 14, 2023).
    \3\ FIA Letter dated June 9, 2023 to Christopher J. Kirkpatrick.

    Issued in Washington, DC, on June 12, 2023, by the Commission.
Christopher Kirkpatrick,
Secretary of the Commission.

    NOTE:  The following appendix will not appear in the Code of 
Federal Regulations.

Appendix to Derivatives Clearing Organization Risk Management 
Regulations To Account for the Treatment of Separate Accounts by 
Futures Commission Merchants--Commission Voting Summary

    On this matter, Chairman Behnam and Commissioners Johnson, 
Goldsmith Romero, Mersinger, and Pham voted in the affirmative. No 
Commissioner voted in the negative.

[FR Doc. 2023-12832 Filed 6-14-23; 8:45 am]
BILLING CODE 6351-01-P