[Federal Register: October 26, 2000 (Volume 65, Number 208)]
[Rules and Regulations]
[Page 64136-64137]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



17 CFR Part 140

Delegation of Authority to Disclose and Request Information

AGENCY: Commodity Futures Trading Commission.

ACTION: Final rules.


SUMMARY: The Commodity Futures Trading Commission (Commission) is
amending certain provisions of its part 140 regulations to add the
Director and Deputy Director of the Commission's Office of
International Affairs as persons to whom certain authorities are

EFFECTIVE DATE: October 26, 2000.

FOR FURTHER INFORMATION CONTACT: Robert Rosenfeld, Deputy Director,
Office of International Affairs, Commodity Futures Trading Commission,
Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581.
Telephone: (202) 418-5645.
E-mail: rrosen-field@cftc.gov.


I. Delegation

    Commission regulations have been amended to add the Director of the
Office of International Affairs (Director) and, in certain
circumstances the Deputy Director, as persons authorized in appropriate
cases to disclose certain non-public information to other governmental,
judicial or market authorities in carrying out his or her duties. The
amendments would affect the authority to disclose: (1) Information to a
contract market, registered futures association or self-regulatory
organization (17 CFR 140.72), and (2) information to United States
(U.S.), States and foreign government agencies and foreign futures
authorities (17 CFR 140.73). This authority will facilitate OIA's
ability to coordinate and share information with foreign authorities
for regulatory oversight, fitness inquiries and other regulatory

II. Related Matters

A. Administrative Procedure Act

    The Commission has determined that this delegation 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 \1\ are not applicable. 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.

    \1\ 5 U.S.C. 553 (1994).

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) \2\ requires that agencies, in
proposing rules, consider the impact of those rules on small
businesses. The rules discussed herein are only an administrative
delegation and will have no impact on registered entities or other
persons subject to the Commission's regulatory authority. The rules
solely authorize the transmission of information and do not impose any
regulatory burden. Moreover, even assuming such impact, the Commission
has previously established certain definitions of ``small entities'' to
be used by the Commission in evaluating the impact of its rules on such
small entities in accordance with the RFA, and determined that contract
markets, futures commission merchants (FCMs) large traders and
commodity pool operators (CPOs) are not small entities under the RFA.
\3\ With respect to commodity trading advisors (CTAs) and introducing
brokers (IBs), the Commission stated that it would evaluate within the
context of a particular proposal whether all or some affected CTAs and
IBs should be considered small entities and if so, that it would
analyze the economic impact on them of any rule.\4\ As noted above,
this rule does not change any obligations or otherwise impose any
regulatory burdens. Accordingly, the Chairman, on behalf of the
Commission, hereby certifies, pursuant to 5 U.S.C. 605(b), that these
rule amendments will not have a significant impact on a substantial
number of small entities.

    \2\ 5 U.S.C. 601 et seq. (1994).
    \3\ 47 FR 18618, 18618-18621 (April 30, 1982).
    \4\ Id. at 18618-18620.

List of Subjects in 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, Sections 2a and 8a,\5\ the
Commission is amending Part 140 of Chapter I of Title 17 of the Code of
Federal Regulations as follows:

    \5\ 7 U.S.C. 4a and 12a (1994).


    1. The authority citation for Part 140 continues to read as

    Authority: 7 U.S.C. 4a and 12a.

[[Page 64137]]

Sec. 140.72  [Amended]

    2. Paragraph (a) of Sec. 140.72 is amended by removing ``and each
of the Directors of the Market Surveillance Branches'' and adding,
``each of the Directors of the Market Surveillance Branches, the
Director of the Office of International Affairs and the Deputy Director
of the Office of International Affairs'' in its place.

Sec. 140.73  [Amended]

    3. Paragraph (a) of Sec. 140.73 is amended by adding, ``and the
Director of the Office of International Affairs or, in his or her
absence, the Deputy Director of the Office of International Affairs''
after ``each Deputy Director of the Division of Trading and Markets.''

    Issued in Washington, DC on October 19, 2000 by the Commission.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 00-27481 Filed 10-25-00; 8:45 am]

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