[Federal Register: October 7, 2002 (Volume 67, Number 194)]
[Rules and Regulations]
[Page 62350-62354]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc02-12]

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COMMODITY FUTURES TRADING COMMISSION

17 CFR Parts 1, 3, 4, 9, 11, 16, 17, 18, 19, 21, 31, 36, 37, 38,
39, 40, 41, 140, 145, 150, 170, 171 and 190


Changes in Divisional Structure and Delegations of Authority

AGENCY: Commodity Futures Trading Commission.

ACTION: Final rules.

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SUMMARY: The Commission is amending its rules to reflect the
reassignment of responsibilities, including delegations of authority,
resulting from its recent reorganization of Commission staff. Effective
July 1, 2002, the Commission reassigned the responsibilities of the
former Division of Trading and Markets and Division of Economic
Analysis to the newly established Division of Clearing and Intermediary
Oversight, Division of Market Oversight and Office of the Chief
Economist. The reorganized divisions will more effectively implement
the provisions of the Commodity Futures Modernization Act of 2000
(CFMA).

EFFECTIVE DATE: October 7, 2002.

FOR FURTHER INFORMATION CONTACT: Paul M. Architzel, Division of Market
Oversight, Commodity Futures Trading

[[Page 62351]]

Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington,
DC 20581. Telephone 202-418-5260. E-mail: [parchitzel@cftc.gov].

SUPPLEMENTARY INFORMATION: On December 21, 2000, the President signed
into law the Commodity Futures Modernization Act of 2000 (``CFMA'')
which extensively revises the Commodity Exchange Act (Act)\1\ In order
to more effectively implement its provisions, the Commission has
reorganized its operating divisions. Under the reorganized structure,
the Division of Trading and Markets and the Division of Economic
Analysis (the former divisions) has been reconfigured into two new
divisions, the Division of Clearing and Intermediary Oversight and the
Division of Market Oversight (the new divisions), and the Office of the
Chief Economist.
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    \1\ The Commodity Exchange Act may be found at 7 U.S.C. 1 et
seq. (2000), as amended by the Commodity Futures Modernization Act
of 2000, Appendix E of Pub. L. 106-554, 114 Stat. 2763 (2000).
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    The Commission is amending several of its rules in Chapter I of
Title 17 of the Code of Federal Regulations to reflect this reorganized
structure. Accordingly, as indicated in the chart below, the Commission
is deleting from its rules references to the former divisions and
replacing them with references to the new divisions. As amended, the
rules will reflect the new assignments of responsibilities, including
delegated authorities, to the two new divisions.
    The Commission is also amending rule 140.99, which governs requests
for exemptive, no-action and interpretative letters. Before its
amendment, rule 140.99 required all requests to be filed with the
Division of Trading and Markets, and thereafter routed to the
appropriate office or division. The Commission has determined that it
will be more efficient to require the requester to file the request
directly with the division with operating responsibility for
administering the provision of the Act or of the Commission's
regulations from which relief is sought. Accordingly, the Commission is
amending rule 140.99 to require that requests relating to certain
specific subject matter areas (as enumerated in the amended rule) be
filed with the division with operating responsibility for that subject
matter area.
    The Commission is deleting rule 140.100 which it adopted on July 9,
2002, 67 FR 45299. That rule provided that all delegations of authority
from the Commission to the Directors of the former divisions, and their
respective designees, as set forth in Chapter I of Title 17 of the Code
of Federal Regulations, were delegated jointly to the respective
Directors of the new divisions, and their respective designees. Now
that the Commission has amended several of its rules to reflect the new
agency structure, rule 140.100 is no longer necessary. Finally, the
Commission is removing and reserving rules 1.41a, 1.41c and 1.42, which
have been superseded by the CFMA\2\
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    \2\ Section 15 of the Commodity Exchange Act, as amended by the
CFMA, provides that before promulgating a regulation under this Act
or issuing an order, the Commission shall consider the costs and
benefits of the action of the Commission. These rules govern
internal agency organization, procedure, and practice, and therefore
the Commission finds that none of the considerations enumerated in
section 15(a)(2) of the Act, as amended, are applicable to these
rules.
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Related Matters

Administrative Procedure Act

    The Commission has determined that restructuring of
responsibilities, including delegations 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 are not applicable.\3\ 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.
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    \3\ 5 U.S.C. 553 (1994).
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List of Subjects

17 CFR Part 1

    Brokers, Commodity futures, Reporting and recordkeeping
requirements.

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 section 2(a)(11) of the Act, 7
U.S.C. 2(a)(11), as amended, the Commission hereby amends Parts 1, 3,
4, 9, 11, 16, 17, 18, 19, 21, 31, 36, 37, 38, 39, 40, 41, 140, 145,
150, 170, 171, and 190 of Chapter I of Title 17 of the Code of Federal
Regulations as follows:

17 CFR Parts 1, 3, 4, 9, 11, 16, 17, 18, 19, 21, 31, 36, 37, 38, 39,
40, 41, 140, 145, 150, 170, 171 and 190

    1. In the table below, for each section indicated in the left
column, remove the words indicated in the middle column from wherever
they appear in the section, and add the words indicated in the right
column:

------------------------------------------------------------------------
             Section                    Remove                Add
------------------------------------------------------------------------
1.12(g)(3)......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
1.12(h).........................  Division of         Division of
                                   Trading Markets.    Clearing and
                                                       Intermediary
                                                       Oversight.
1.62(b).........................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
1.62(b).........................  Attn: Chief         Attn:
                                   Counsel,.
1.65(d).........................  Chief Counsel,      Deputy Director,
                                   Division of         Compliance and
                                   Trading and         Registration
                                   Markets.            Section, Division
                                                       of Clearing and
                                                       Intermediary
                                                       Oversight.
1.66(b)(5)(ii)..................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
3.12(g)(2)(i)...................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
3.12(g)(2)(ii)..................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
3.22............................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
3.33(e).........................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets,            Intermediary
                                   Registration Unit.  Oversight.
3.50(c).........................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
3.50(d).........................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
3.55(e)(2)......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
3.56(e)(2)......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
3.63............................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
3.70(a).........................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.

[[Page 62352]]


3.70(a).........................  Chief Counsel.....  Deputy Director,
                                                       Compliance and
                                                       Registration
                                                       Section.
Pt. 3 App. A,...................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
4.2(a)..........................  Managed Funds       Division of
                                   Branch, Division    Clearing and
                                   of Trading and      Intermediary
                                   Markets.            Oversight.
9.2(h)..........................  Division of         Division of Market
                                   Trading and         Oversight and/or
                                   Markets.            the Division of
                                                       Clearing and
                                                       Intermediary
                                                       Oversight.
9.11(c).........................  Contract Markets    Division of Market
                                   Section, Division   Oversight.
                                   of Trading and
                                   Markets.
9.12(b).........................  Division of         Division of Market
                                   Trading and         Oversight.
                                   Markets.
9.26, first sentence............  Within twenty days  Within twenty days
                                   after the receipt   after receipt of
                                   by the Division     the answering
                                   of Trading and      brief, the
                                   Markets of the      Division of
                                   answering brief,    Market Oversight
                                   the Division of     and/or the
                                   Trading and         Division of
                                   Markets * * *..     Clearing and
                                                       Intermediary
                                                       Oversight * * *
9.26, last sentence.............  No employee of the  No employee of the
                                   Division of         Division(s)
                                   Trading and         filing the
                                   Markets.            notice.
9.31(a).........................  Division of         Division of Market
                                   Trading and         Oversight or the
                                   Markets.            Division of
                                                       Clearing and
                                                       Intermediary
                                                       Oversight.
11.2(a).........................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
11.2(a).........................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
16.07...........................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
17.03...........................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
18.03...........................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
19.00(a)(3).....................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
21.02a(c).......................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
31.6(f)(1)......................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
31.6(f)(2)......................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
31.13(n)(1).....................  Division of         Division of
                                   Trading and         Cleaering and
                                   Markets.            Intermediary
                                                       Oversight.
31.14(a)........................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
31.14(a)........................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
36.3(b)(2)(ii)..................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
36.3(b)(2)(ii)..................  Economic Analysis.  The Division of
                                                       Market Oversight.
37.5(f)(1)......................  Division of         Division of Market
                                   Trading and         Oversight or such
                                   Markets and         other employee or
                                   separately to the   employees as the
                                   Director of         Director.
                                   Economic Analysis
                                   or such other
                                   employee or
                                   employees as the
                                   Directors.
37.5(f)(2)......................  Directors.........  Director.
37.8(d).........................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
37.8(d).........................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
38.3(e)(1)......................  Division of         Division of Market
                                   Trading and         Oversight or such
                                   Markets and         other employee or
                                   separately to the   employees as the
                                   Director of         Director.
                                   Economic Analysis
                                   or such other
                                   employee or
                                   employees as the
                                   Directors.
38.3(e)(2)......................  Directors.........  Director.
38 App B, Core Principle 11, (a)  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
39.3(e)(1)-(2)..................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
40.7(a)(1)......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
40.7(a)(1)......................  Economic Analysis.  The Division of
                                                       Market Oversight.
40.7(a)(2)......................  Director of the     Directors of
                                   Division of         Division of
                                   Trading and         Market Oversight
                                   Markets, or the     and Division of
                                   delegatees of the   Clearing and
                                   Director.           Intermediary
                                                       Oversight or the
                                                       delegatees of the
                                                       Directors.
40.7(b), introductory text......  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
40.7(b), introductory text......  Economic Analysis.  The Division of
                                                       Market Oversight.
41.33(g)........................  Division of         Division of Market
                                   Trading and         Oversight.
                                   Markets and the
                                   Director of the
                                   Division of
                                   Economic
                                   Analysis, jointly.
41.33(g)(1).....................  Division of         Division of Market
                                   Trading and         Oversight.
                                   Markets or the
                                   Director of the
                                   Division of
                                   Economic Analysis.
41.33(g)(2).....................  Division of         Division of Market
                                   Trading and         Oversight.
                                   Markets and the
                                   Director of the
                                   Division of
                                   Economic Analysis.
41.3(d).........................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.72(a).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.72(a).......................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
140.73(a).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.73(a).......................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
140.73(b).......................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
140.74(a).......................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
140.74(b).......................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
140.74(c).......................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
140.75..........................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.76(a).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.76(b).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.77(a).......................  Director of the     Director of the
                                   Division of         Division of
                                   Economic Analysis   Market Oversight
                                   and the Division    or the
                                   of Trading and      Director's.
                                   Markets or their.
140.77(b).......................  Directors of the    Director of the
                                   Division of         Division of
                                   Economic Analysis   Market Oversight
                                   and the Division    may submit any
                                   of Trading and      matter which has
                                   Markets may         been delegated to
                                   submit any matter   the director.
                                   which has been
                                   delegated to them.

[[Page 62353]]


140.77(c).......................  Directors of the    Director of the
                                   Division of         Division of
                                   Economic Analysis   Market Oversight.
                                   and the Division
                                   of Trading and
                                   Markets.
140.91(a).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.91(b).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.92(a).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.92(b).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.92(c).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.93(a).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.93(b).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.93(c).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.95(a).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.95(b).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.94(c).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.96(a).......................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
140.96(b).......................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
140.96(b).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.96(c).......................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
140.96(c).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.96(d).......................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
140.96(d).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.97(a).......................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
140.97(b).......................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
140.97(c).......................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
140.99(a)(5)....................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
140.99(a)(5)....................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
140.735-2a footnote 7...........  Division of         Division of Market
                                   Economic Analysis.  Oversight.
145.6(a)........................  Division of         Commodity Futures
                                   Economic            Trading
                                   Analysis,           Commission, 140
                                   Commodity Futures   Broadway, New
                                   Trading             York, New York
                                   Commission, One     10005 Telephone:
                                   World Trade         (646) 746-9700.
                                   Center, Suite
                                   3747, New York,
                                   New York 10048,
                                   Telephone: (212)
                                   466-2061.
145.6(a)........................  Division of         Commodity Futures
                                   Trading and         Trading
                                   Markets,            Commission, 525
                                   Commodity Futures   West Monroe
                                   Trading             Street, Suite
                                   Commission, 300     1100, Chicago,
                                   South Riverside     Illinois 60661,
                                   Plaza, Suite 1600   Telephone: (312)
                                   North, Chicago,     596-0700.
                                   Illinois 60606,
                                   Telephone: (312)
                                   353-5990.
145.6(a)........................  Division of         Commodity Futures
                                   Trading and         Trading
                                   Markets,            Commission, 510
                                   Commodity Futures   Grain Exchange
                                   Trading             Building,
                                   Commission, 510     Minneapolis,
                                   Grain Exchange      Minnesota 55415,
                                   Building,           Telephone: (612)
                                   Minneapolis,        370-3255.
                                   Minnesota 55415,
                                   Telephone (612)
                                   370-3255.
145.6(a)........................  Division of         Commodity Futures
                                   Trading and         Trading
                                   Markets,            Commission, 4900
                                   Commodity Futures   Main Street,
                                   Trading             Suite 721, Kansas
                                   Commission, 4900    City, Missouri
                                   Main Street,        64112, Telephone:
                                   Suite 721, Kansas   (816) 931-7600.
                                   City, Missouri
                                   64112, Telephone:
                                   (816) 931-7600.
Pt. 145, App A, (e).............  Division of         Division of Market
                                   Economic Analysis.  Oversight.
Pt. 145, App A, (g).............  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
150.3(b)........................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
150.4(e)........................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
170.12..........................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
171.28..........................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
171.28..........................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
171.31(a).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
171.31(a).......................  Division of         Division of Market
                                   Economic Analysis.  Oversight.
190.10(a).......................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
190.10(b)(4)....................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
190.10(d) heading & (d)(1)......  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
190.10(d)(2)....................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
190.10(d)(3)....................  Division of         Division of
                                   Trading and         Clearing and
                                   Markets.            Intermediary
                                                       Oversight.
------------------------------------------------------------------------

PART 1--GENERAL REGULATIONS UNDER THE COMMODITY EXCHANGE ACT

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

    Authority: 7 U.S.C. 1a, 2, 2a, 4, 4a, 6, 6a, 6b, 6c, 6d, 6e, 6f,
6h, 6i, 6j, 6k, 6l, 6m, 6n, 6o, 6p, 7, 7a, 7b, 8, 9, 12, 12a, 12c,
13a, 13a-1, 16, 16a, 19, 21, 23, and 24.

    3. Sections 1.4a, 1.41c, and 1.42 are removed and reserved.

PART 140--ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION

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

    Authority: 7 U.S.C. 2 and 12a.

    5. Section 140.99 is amended by revising paragraph (d)(2) to read
as follows:


Sec.  140.99  Request for exemptive, no-action and interpretative
letters.

* * * * *
    (d) Filing requirements. * * *
    (1) * * *
    (2) A request for a Letter relating to the provisions of the Act or
the Commission's rules, regulations or orders governing designated
contract markets, registered derivatives transaction execution
facilities, exempt commercial markets, exempt boards of trade, the
nature of particular

[[Page 62354]]

transactions and whether they are exempt or excluded from being
required to be traded on one of the foregoing entities, foreign trading
terminals, hedging exemptions, and the reporting of market positions
shall be filed with the Director, Division of Market Oversight,
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st
Street, NW., Washington, DC 20581. A request for a Letter relating to
all other provisions of the Act or Commission rules shall be filed with
the Director, Division of Clearing and Intermediary Oversight Commodity
Futures Trading Commission, Three Lafayette Centre, 1155 21st Street,
NW., Washington, DC 20581. A request for a Letter relating to all other
provisions of the Act or Commission rules shall be filed with the
Director, Division of Clearing and Intermediary Oversight, Commodity
Futures Trading Commission, Three Lafayette Centre, 1155 21st Street,
NW., Washington, DC 20581. The request must be submitted electronically
using the e-mail address dmoletters@cftc.gov (for request filed with
the Division of Market Oversight), or dcioletters@cftc.gov (for
requests filed with the Division of Clearing and Intermediary
Oversight), as appropriate, and a properly signed paper copy of the
request must be provided to the Division of Market Oversight or the
Division of Clearing and Intermediary Oversight, as appropriate, within
ten days for purposes of verification of the electronic submission.
* * * * *


Sec.  140.100  [Removed]

    6. Section 140.100 is removed.

    Issued in Washington, DC, this 26th day of September, 2002, by
the Commission.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 02-25049 Filed 10-4-02; 8:45 am]
BILLING CODE 6351-01-M