[Federal Register: October 15, 2002 (Volume 67, Number 199)]
[Rules and Regulations]
[Page 63538-63539]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



17 CFR Part 145

Commission Records and Information

AGENCY: Commodity Futures Trading Commission.

ACTION: Final rules.


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.


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\

[[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.

    \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).

    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\

    \3\ 5 U.S.C. 553(b)(3)(A) (1994).
    \4\ See 5 U.S.C. 553(d)(3) (1994).

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


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

    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]