2012-16178

Federal Register, Volume 77 Issue 144 (Thursday, July 26, 2012)[Federal Register Volume 77, Number 144 (Thursday, July 26, 2012)]

[Proposed Rules]

[Pages 43967-43968]

From the Federal Register Online via the Government Printing Office [www.gpo.gov]

[FR Doc No: 2012-16178]

[[Page 43967]]

Vol. 77

Thursday,

No. 144

July 26, 2012

Part IV

Commodity Futures Trading Commission

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17 CFR Part 15, 16, 17, et al.

Account Ownership and Control Report; Withdrawal; Ownership and

Control Reports, Forms 102/102S, 40/40S, and 71; Proposed Rules

Federal Register / Vol. 77 , No. 144 / Thursday, July 26, 2012 /

Proposed Rules

[[Page 43968]]

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COMMODITY FUTURES TRADING COMMISSION

17 CFR Part 16

RIN 3038-AC63

Account Ownership and Control Report; Withdrawal

AGENCY: Commodity Futures Trading Commission (``Commission'').

ACTION: Proposed rule; withdrawal.

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SUMMARY: On July 19, 2010, the Commission published for public comment

a Notice of Proposed Rulemaking that proposed to collect certain

account ownership and control information for all trading accounts

active on U.S. futures exchanges and other reporting entities (``OCR

NPRM''). After considering all comments received in response to the OCR

NPRM, the Commission is withdrawing the OCR NPRM and instead pursuing

the collection of account ownership and control information through a

separate proposed rulemaking published today elsewhere in the notice

section of the Federal Register.

DATES: Effective July 26, 2012, the proposed rule published July 19,

2010, at 75 FR 41775, is withdrawn.

FOR FURTHER INFORMATION CONTACT: Sebastian Pujol Schott, Associate

Director, at 202-418-5641 or sps@cftc.gov; or Cody J. Alvarez, Attorney

Advisor, at 202-418-5404 or calvarez@cftc.gov; Division of Market

Oversight, Commodity Futures Trading Commission, Three Lafayette

Centre, 1155 21st Street NW., Washington, DC 20581.

SUPPLEMENTARY INFORMATION: On July 19, 2010, the Commission published

the OCR NPRM,\1\ which provided for the collection of trading account

information via an account ownership and control report (``OCR'').\2\

In addition, the OCR NPRM sought public comment and provided for a

public roundtable meeting during the 60-day comment period.\3\ The

staff-led public roundtable was held September 16, 2010.\4\

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\1\ 75 FR 41775 (July 19, 2010).

\2\ On July 2, 2009, prior to the publication of the OCR NPRM,

the Commission published an Advanced Notice of Proposed Rulemaking

(``Advanced Notice''). In the Advanced Notice the Commission

proposed to collect certain ownership, control, and related

information for all trading accounts active on U.S. futures

exchanges. See 74 FR 31642 (July 2, 2009).

\3\ The comment period deadline was extended from September 17,

2010 to October 7, 2010 in order to give interested parties time to

prepare comments on matters discussed at the roundtable meeting. See

75 FR 54801 (September 9, 2010).

\4\ 75 FR 54802 (September 9, 2010).

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The Commission received eight comment letters from fourteen

interested parties in response to the OCR NPRM and the public

roundtable.\5\ A number of commenters raised concerns regarding the

costs they were likely to incur as a result of the OCR. For example,

designated contract market group stated in its comment letter that

``the Commission's proposed OCR will result in very substantial capital

and human resource costs being incurred by all [r]eporting [e]ntities

on a one-time and on-going basis.'' \6\ Many commenters argued that

certain OCR data points would be difficult to collect. For example, an

industry association representing numerous large futures commission

merchants (``FCMs'') stated that FCMs would have difficulty providing

date of birth information because ``[a]n FCM generally does not record

the date of birth of a customer or account controller.'' \7\ Many

comment letters also included alternative recommendations for

proceeding with the development of the OCR.\8\

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\5\ On December 23, 2010 and March 22, 2011, the Commission

received supplemental comment letters from the Futures Industry

Association (``FIA''). All OCR NPRM comment letters, supplemental

comment letters, ex parte communications summaries, and a transcript

of the public roundtable are available at: http://comments.cftc.gov/PublicComments/CommentList.aspx?id=755.

\6\ CME Group Inc. comment letter on behalf of the Chicago

Mercantile Exchange, Inc., the Board of Trade of the City of

Chicago, Inc., the New York Mercantile Exchange, Inc., and the

Commodity Exchange, Inc. (collectively ``CME'') dated October 7,

2010 at 3.

\7\ FIA Comment Letter dated October 7, 2010 at 15.

\8\ See CME Comment Letter dated October 7, 2010 at 4 and FIA

Comment Letter dated October 7, 2010 at 7. See generally FIA

Supplemental Comment Letter dated December 23, 2010 and FIA

Supplemental Comment Letter dated March 22, 2011.

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In light of the comments received and the Commission's intention to

collect trading account ownership and control information through a

separate proposed rulemaking, the Commission has determined to withdraw

the OCR NPRM. Concurrent with this withdrawal, the Commission is

publishing elsewhere in this issue of the Federal Register a separate

proposed rule that incorporates many of the OCR NPRM comments.

Issued in Washington, DC, on June 27, 2012 by the Commission.

David A. Stawick,

Secretary of the Commission.

[FR Doc. 2012-16178 Filed 7-25-12; 8:45 am]

BILLING CODE P

Last Updated: July 26, 2012