Federal Register, Volume 81 Issue 172 (Tuesday, September 6, 2016)  
[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Proposed Rules]
[Pages 61147-61148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21153]



17 CFR Part 4

RIN 3038-AE47

Commodity Pool Operator Annual Report

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice of proposed rulemaking; extension of comment period.


SUMMARY: On August 5, 2016, the Commodity Futures Trading Commission 
(Commission or CFTC) published in the Federal Register a notice of 
proposed rulemaking (Proposal) to amend certain of its regulations 
applicable to the Annual Report that each person registered or required 
to be registered as a commodity pool operator (CPO) must distribute for 
each commodity pool that it operates. As is explained below, the 
Commission is extending for two weeks the comment period for the 

DATES: The comment period for the Proposal published on August 5, 2016, 
at 81 FR 51828, is extended until September 20, 2016.

ADDRESSES: You may submit comments, identified by RIN 3038-AE47 and 
``Commodity Pool Operator Annual Report,'' by any of the following 
     CFTC Web site: http://comments.cftc.gov. Follow the 
instructions for submitting comments through the Comments Online 
process on the Web site.
     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: Same as Mail, above.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Please submit your comments using only one of these methods.
    All comments must be submitted in English, or if not, accompanied 
by an English translation. Comments will be posted as received to 
www.cftc.gov. You should submit only information that you wish to make 
available publicly. If you wish the Commission to consider information 
that may be exempt from disclosure under the Freedom of Information Act 
(FOIA), a petition for confidential treatment of the exempt information 
may be submitted according to the procedures established in Commission 
Regulation 145.9.\1\

    \1\ 17 CFR 145.9 (2016). The Commission's regulations are found 
at 17 CFR Ch. I (2016). They are accessible through the Commission's 
Web site.

    The Commission reserves the right, but shall have no obligation, to 
review, pre-screen, filter, redact, refuse, or remove any or all of a 
submission from www.cftc.gov that it may deem to be inappropriate for 
publication, such as obscene language. All submissions that have been 
redacted or removed that contain comments on the merits of the 
rulemaking will be retained in the public comment file and will be 
considered as required under the Administrative Procedure Act and other 
applicable laws, and may be accessible under the FOIA.

FOR FURTHER INFORMATION CONTACT: Christopher W. Cummings, Special 
Counsel, 202-418-5445, [email protected] or Barbara S. Gold, Associate 
Director, 202-418-5441, [email protected], Division of Swap Dealer and 
Intermediary Oversight, Commodity Futures Trading Commission, Three 
Lafayette Centre, 1155 21st Street NW., Washington, DC 20581.

SUPPLEMENTARY INFORMATION: The Proposal concerns certain provisions of 
the Annual Report that registered CPOs are required to distribute and 
submit under Regulation 4.22. Among other things, it would amend these 
provisions: To permit the use of additional alternative generally 
accepted accounting principles, standards or practices; to provide for 
an exemption from the Annual Report audit requirement where the first 
fiscal year of a pool consists of a period of three months or less from 
the date of formation of the pool; and to clarify that a CPO must 
distribute and submit an audited Annual Report at least once during the 
life of the pool. The comment period for the Proposal is due to expire 
on September 6, 2016.
    By letter dated August 26, 2016, the Managed Funds Association 
(MFA), a membership organization representing many persons who would be 
affected by the Proposal, requested a two-week extension of the comment 
period for the Proposal, such that, as extended, the comment period 
would expire on September 20, 2016. In support of its request, MFA 
explained that it is drafting comments in response to the

[[Page 61148]]

Commission's request for comments on the Proposal and, in this regard, 
is seeking to provide comments representative of the views of its 
membership. MFA further explained that it is finding it challenging to 
ensure that its members have adequate time to review comments for 
submission by September 6, 2016, in light of previously scheduled 
family-related commitments which find them out-of-office during the 
last two weeks of August.
    In light of the foregoing, and in response to the MFA request, by 
this Federal Register release the Commission is extending the comment 
period for the Proposal for two weeks, until September 20, 2016.

    Issued in Washington, DC, on August 30, 2016, by the Commission.
Christopher J. Kirkpatrick,
Secretary of the Commission.

Appendix to Commodity Pool Operator Annual Report--Commission Voting 

    On this matter, Chairman Massad and Commissioners Bowen and 
Giancarlo voted in the affirmative. No Commissioner voted in the 

[FR Doc. 2016-21153 Filed 9-2-16; 8:45 am]