80_FR_10059 80 FR 10022 - Position Limits for Derivatives and Aggregation of Positions

80 FR 10022 - Position Limits for Derivatives and Aggregation of Positions

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 80, Issue 37 (February 25, 2015)

Page Range10022-10026
FR Document2015-03834

On December 12, 2013, the Commodity Futures Trading Commission (``Commission'') published in the Federal Register a notice of proposed rulemaking (the ``Position Limits Proposal'') to establish speculative position limits for 28 exempt and agricultural commodity futures and options contracts and the physical commodity swaps that are economically equivalent to such contracts. On November 15, 2013, the Commission published in the Federal Register a notice of proposed rulemaking (the ``Aggregation Proposal'') to amend existing regulations setting out the Commission's policy for aggregation under its position limits regime. The Commission's Energy and Environmental Markets Advisory Committee has scheduled a public meeting to be held on February 26, 2015, which will consider, among other matters, exemptions for bona fide hedging positions. In conjunction with the meeting of the Commission's Energy and Environmental Markets Advisory Committee, the Commission will post an agenda and associated materials, if any, on the Commission's Web site; additionally, access to a video webcast of the meeting will be added to the Web site. In addition, and in connection with the meeting, the Commission is providing counts of the unique persons over percentages of the 28 proposed position limit levels (currently provided in Table 11 of the Position Limits Proposal based on counts from the period of January 1, 2011, to December 31, 2012 period) in a new table, Table 11a, based on counts from the period of January 1, 2013, to December 31, 2014. To provide commenters with a sufficient period of time to respond to questions raised and points made at the Energy and Environmental Markets Committee meeting, as well as to provide an opportunity to comment on Table 11a, the Commission will reopen the comment periods for an additional 30 days. The Commission is providing notice that comments may be made on the issues addressed at the meeting or in the associated materials posted to the Commission's Web site, as they pertain to energy commodities. Furthermore, comments may be made on Table 11a, showing counts of the unique persons over percentages of the 28 proposed position limit levels based on counts from the period of January 1, 2013, to December 31, 2014.

Federal Register, Volume 80 Issue 37 (Wednesday, February 25, 2015)
[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Proposed Rules]
[Pages 10022-10026]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03834]


=======================================================================
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COMMODITY FUTURES TRADING COMMISSION

17 CFR Parts 1, 15, 17, 19, 32, 37, 38, 140, and 150

RIN 3038-AD99; 3038-AD82


Position Limits for Derivatives and Aggregation of Positions

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice of proposed rulemaking; provision of Table 11a; and 
reopening of comment periods.

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SUMMARY: On December 12, 2013, the Commodity Futures Trading Commission 
(``Commission'') published in the Federal Register a notice of proposed 
rulemaking (the ``Position Limits Proposal'') to establish speculative 
position limits for 28 exempt and agricultural commodity futures and 
options contracts and the physical commodity swaps that are 
economically equivalent to such contracts. On November 15, 2013, the 
Commission published in the Federal Register a notice of proposed 
rulemaking (the ``Aggregation Proposal'') to amend existing regulations 
setting out the Commission's policy for aggregation under its position 
limits regime. The Commission's Energy and Environmental Markets 
Advisory Committee has scheduled a public meeting to be held on 
February 26, 2015, which will consider, among other matters, exemptions 
for bona fide hedging positions. In conjunction with the meeting of the 
Commission's Energy and Environmental Markets Advisory Committee, the 
Commission will post an agenda and associated materials, if any, on the 
Commission's Web site; additionally, access to a video webcast of the 
meeting will be added to the Web site. In addition, and in connection 
with the meeting, the Commission is providing counts of the unique 
persons over percentages of the 28 proposed position limit levels 
(currently provided in Table 11 of the Position Limits Proposal based 
on counts from the period of January 1, 2011, to December 31, 2012 
period) in a new table, Table

[[Page 10023]]

11a, based on counts from the period of January 1, 2013, to December 
31, 2014. To provide commenters with a sufficient period of time to 
respond to questions raised and points made at the Energy and 
Environmental Markets Committee meeting, as well as to provide an 
opportunity to comment on Table 11a, the Commission will reopen the 
comment periods for an additional 30 days. The Commission is providing 
notice that comments may be made on the issues addressed at the meeting 
or in the associated materials posted to the Commission's Web site, as 
they pertain to energy commodities. Furthermore, comments may be made 
on Table 11a, showing counts of the unique persons over percentages of 
the 28 proposed position limit levels based on counts from the period 
of January 1, 2013, to December 31, 2014.

DATES: The comment periods for the Aggregation Proposal published 
November 15, 2013, at 78 FR 68946, and for the Position Limits Proposal 
published December 12, 2013, at 78 FR 75680, will reopen on February 
26, 2015, and will close on March 28, 2015.

ADDRESSES: You may submit comments, identified by RIN 3038-AD99 for the 
Position Limits Proposal or RIN 3038-AD82 for the Aggregation Proposal, 
by any of the following methods:
     Agency Web site: http://comments.cftc.gov;
     Mail: 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; or
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow instructions for submitting comments.
    Please submit your comments using only one method. All comments 
must be submitted in English, or if not, accompanied by an English 
translation. Comments will be posted as received to http://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, a petition for confidential treatment of the exempt information 
may be submitted under Sec.  145.9 of the Commission's regulations (17 
CFR 145.9).
    The Commission reserves the right, but shall have no obligation, to 
review, pre-screen, filter, redact, refuse or remove any or all of your 
submission from http://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 Freedom of Information Act.

FOR FURTHER INFORMATION CONTACT: Stephen Sherrod, Senior Economist, 
Division of Market Oversight, (202) 418-5452, [email protected]; or 
Riva Spear Adriance, Senior Special Counsel, Division of Market 
Oversight, (202) 418-5494, [email protected]; Commodity Futures 
Trading Commission, Three Lafayette Centre, 1155 21st Street NW., 
Washington, DC 20581.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Commission has long established and enforced speculative 
position limits for futures and options contracts on various 
agricultural commodities as authorized by the Commodity Exchange Act 
(``CEA'').\1\ The part 150 position limits regime \2\ generally 
includes three components: (1) the level of the limits, which set a 
threshold that restricts the number of speculative positions that a 
person may hold in the spot-month, individual month, and all months 
combined,\3\ (2) exemptions for positions that constitute bona fide 
hedging transactions and certain other types of transactions,\4\ and 
(3) rules to determine which accounts and positions a person must 
aggregate for the purpose of determining compliance with the position 
limit levels.\5\ The Position Limits Proposal generally sets out 
proposed changes to the first and second components of the position 
limits regime and would establish speculative position limits for 28 
exempt and agricultural commodity futures and option contracts, and 
physical commodity swaps that are ``economically equivalent'' to such 
contracts (as such term is used in CEA section 4a(a)(5)).\6\ The 
Aggregation Proposal generally sets out proposed changes to the third 
component of the position limits regime.\7\
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    \1\ 7 U.S.C. 1 et seq.
    \2\ See 17 CFR part 150. Part 150 of the Commission's 
regulations establishes federal position limits on futures and 
option contracts in nine enumerated agricultural commodities.
    \3\ See 17 CFR 150.2.
    \4\ See 17 CFR 150.3.
    \5\ See 17 CFR 150.4.
    \6\ See Position Limits for Derivatives, 78 FR 75680 (Dec. 12, 
2013).
    \7\ See Aggregation of Positions, 78 FR 68946 (Nov. 15, 2013).
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    The Commission published the Position Limits Proposal and the 
Aggregation Proposal separately because it believes that the proposed 
amendments regarding aggregation of positions could be appropriate 
regardless of whether the Position Limits Proposal is finalized.\8\ If 
the Aggregation Proposal is finalized first, the modifications would 
apply to the current position limits regime for futures and option 
contracts on nine enumerated agricultural commodities. If the Position 
Limits Proposal is subsequently finalized, the modifications in the 
Aggregation Proposal would apply to the position limits regime for 28 
exempt and agricultural commodity futures and options contracts and the 
physical commodity swaps that are economically equivalent to such 
contracts.
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    \8\ See id. at 68947.
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    In order to provide interested parties with an opportunity to 
comment on the Aggregation Proposal during the comment period on the 
Position Limits Proposal, the Commission extended the comment period 
for the Aggregation Proposal to February 10, 2014, the same end date as 
the comment period for the Position Limits Proposal.\9\
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    \9\ See 79 FR 2394 (Jan. 14, 2014).
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    Subsequent to publication of the Position Limits Proposal and the 
Aggregation Proposal, the Commission directed staff to schedule a June 
19, 2014, public roundtable to consider certain issues regarding 
position limits for physical commodity derivatives. The roundtable 
focused on hedges of a physical commodity by a commercial enterprise, 
including gross hedging, cross-commodity hedging, anticipatory hedging, 
and the process for obtaining a non-enumerated exemption. Discussion 
included the setting of spot month limits in physical-delivery and 
cash-settled contracts and a conditional spot-month limit exemption. 
Further, the roundtable included discussion of: The aggregation 
exemption for certain ownership interests of greater than 50 percent in 
an owned entity; and aggregation based on substantially identical 
trading strategies. As well, the Commission invited comment on whether 
to provide parity for wheat contracts in non-spot month limits. In 
conjunction with the roundtable, staff questions regarding these topics 
were posted on the Commission's Web site.
    To provide commenters with a sufficient period of time to respond 
to questions raised and points made at the roundtable, the Commission 
published a document in the Federal Register on May 29, 2014 (79 FR 
30762), reopening

[[Page 10024]]

the comment periods for the Position Limit Proposal and the Aggregation 
Proposal for three weeks, from June 12, 2014 to July 3, 2014. The 
Commission published a document in the Federal Register on July 3, 2014 
(79 FR 37973), further extending the comment periods to August 4, 2014.
    The Commission's Agricultural Advisory Committee met on December 9, 
2014. The agenda adopted for the meeting included consideration, among 
other matters, of two issues associated with the Position Limits 
rulemaking: Deliverable supply and exemptions for bona fide hedging 
positions. In conjunction with the meeting of the Commission's 
Agricultural Advisory Committee, the Commission posted questions and 
presentation materials on the Commission's Web site; additionally, 
access to a video webcast of the meeting was added to the Web site.\10\ 
To provide interested persons with a sufficient period of time to 
respond to questions raised and points made at the Agricultural 
Advisory Committee meeting, the Commission reopened both the Position 
Limit Proposal and the Aggregation Proposal for an additional 45-day 
comment period.\11\
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    \10\ Questions, presentation materials, and a video webcast have 
been made available at http://www.cftc.gov/PressRoom/Events/opaevent_aac120914.
    \11\ See 79 FR 71973 (Dec. 4, 2014). The Commission also 
provided notice and clarification that, in addition to commenting on 
the agenda issues noted in the December 4, 2014, Federal Register 
release providing notice of the reopened comment period, comments 
could be made on the issues addressed at the meeting or in 
associated materials posted to the Commission's Web site, as they 
pertained to agricultural commodities, including hedges of a 
physical commodity by a commercial enterprise; and the process for 
estimating deliverable supplies used in the setting of spot month 
limits, as each pertained to agricultural commodities. See also 80 
FR 200 (Jan. 5, 2015).
---------------------------------------------------------------------------

    Comment letters received on the Position Limits Proposal are 
available at http://comments.cftc.gov/PublicComments/CommentList.aspx?id=1436. Comment letters received on the Aggregation 
Proposal are available at http://comments.cftc.gov/PublicComments/CommentList.aspx?id=1427.

II. Reopening of Comment Period

    The Commission's Energy and Environmental Markets Advisory 
Committee has scheduled a meeting on February 26, 2015. The agenda 
adopted for the meeting includes consideration of exemptions for bona 
fide hedging positions. In conjunction with the meeting of the 
Commission's Energy and Environmental Markets Advisory Committee, the 
Commission will post associated materials on the Commission's Web site; 
additionally, access to a video webcast of the meeting will be added to 
the Web site. To provide interested persons with a sufficient period of 
time to respond to questions raised and points made at the Energy and 
Environmental Markets Advisory Committee meeting, the Commission is 
reopening both the Position Limit Proposal and the Aggregation Proposal 
for an additional 30-day comment period. The Commission is providing 
notice that, in addition to commenting on the agenda issues, comments 
may be made on the issues addressed at the meeting or in associated 
materials posted to the Commission's Web site, as they pertain to 
energy commodities, including hedges of a physical commodity by a 
commercial enterprise, as pertains to energy commodities.
    In addition, and in connection with the Energy and Environmental 
Markets Advisory Committee meeting, the Commission is providing counts 
of the unique persons exceeding the 28 proposed position limit levels 
(currently provided in Table 11 of the Positions Limits Proposal based 
on counts from the period of January 1, 2011, to December 31, 2012 
period \12\) by certain specified percentages in a new table, Table 
11a, based on counts from the period of January 1, 2013, to December 
31, 2014. As was the case with Table 11, to provide the public with 
additional information regarding the number of large position holders 
in the past two calendar years, Table 11a provides counts of unique 
persons over 60, 80, 100, and 500 percent of the levels of the position 
limits proposed for 28 core referenced futures products.\13\ Note that 
the 500 percent line is omitted from Table 11a for contracts where no 
person held a position over that level. The Commission notes that in 
addition to commenting on the agenda issues and on the issues addressed 
at the meeting or in associated materials posted to the Commission's 
Web site, as they pertain to energy commodities, comments may be made 
on Table 11a.
---------------------------------------------------------------------------

    \12\ See 78 FR 75680 at 75731 (Dec. 12, 2013).
    \13\ As is the case for Table 11, the Commission notes that 
Table 11a is presented using the proposed initial limit levels, 
without regard to alternatives presented in the proposed rule. See 
78 FR at 75839 for the proposed initial limit levels for the spot 
month. The Commission also proposed alternatives methods for setting 
initial levels for the spot month. See FR at 75727-8. The proposed 
initial limit levels for the non-spot months are found at 78 FR 
76787 (Dec. 19, 2013). The Commission also proposed an alternative 
method to establish higher initial limit levels in the non-spot 
months. See FR 78 at 75734.

 Table 11a--Unique Persons Over Percentages of Proposed Position Limit Levels, January 1, 2013, to December 31,
                                                      2014
----------------------------------------------------------------------------------------------------------------
                                                                     Unique persons over level
                                                 ---------------------------------------------------------------
 Commodity type/core referenced     Percent of      Spot month
        futures contract               level        (physical-      Spot month     Single month     All months
                                                     delivery)    (cash-settled)
----------------------------------------------------------------------------------------------------------------
                                               Legacy Agricultural
----------------------------------------------------------------------------------------------------------------
CBOT Corn (C)...................              60             206              --              12              25
                                              80             147              --               4               7
                                             100              49              --             (*)               5
                                             500               4              --              --              --
CBOT Oats (O)...................              60             (*)              --              11              12
                                              80             (*)              --               6               8
                                             100              --              --             (*)               5
CBOT Soybeans (S)...............              60             127              --              14              18
                                              80              90              --               9              11
                                             100              31              --               6               9
                                             500               9              --              --              --
CBOT Soybean Meal (SM)..........              60              53              --              42              54
                                              80              31              --              12              19

[[Page 10025]]

 
                                             100              16              --               6              11
                                             500             (*)              --              --              --
CBOT Soybean Oil (SO)...........              60              82              --              31              38
                                              80              51              --              10              18
                                             100              18              --               5              11
                                             500             (*)              --              --              --
CBOT Wheat (W)..................              60              39              --              35              33
                                              80              30              --              12              17
                                             100              10              --               8              11
                                             500             (*)              --              --              --
ICE Cotton No. 2 (CT)...........              60              16              --              15              22
                                              80              10              --              10              14
                                             100               7              --               8              10
                                             500               4              --              --              --
KCBT Hard Winter Wheat (KW).....              60              17              --              32              39
                                              80               7              --              16              27
                                             100             (*)              --              12              12
MGEX Hard Red Spring Wheat (MWE)              60               7              --              33              36
                                              80               4              --              20              29
                                             100             (*)              --              15              21
----------------------------------------------------------------------------------------------------------------
                                               Other Agricultural
----------------------------------------------------------------------------------------------------------------
CBOT Rough Rice (RR)............              60               9              --               6               5
                                              80               7              --               4               4
                                             100             (*)              --             (*)             (*)
CME Milk Class III (DA).........              60              NA               5             (*)              26
                                              80              NA               4              --              15
                                             100              NA             (*)              --              10
CME Feeder Cattle (FC)..........              60              NA             113               8              14
                                              80              NA              70             (*)               8
                                             100              NA              28              --               5
CME Lean Hog (LH)...............              60              NA              98              19              34
                                              80              NA              74               8              24
                                             100              NA              45             (*)              14
CME Live Cattle (LC)............              60              51              --              14              29
                                              80               7              --               7              16
                                             100               5              --             (*)               8
ICUS Cocoa (CC).................              60               4              --              47              42
                                              80               4              --              38              30
                                             100             (*)              --              21              21
ICE Coffee C (KC)...............              60              14              --              30              32
                                              80              10              --              13              16
                                             100               6              --               8              11
                                             500             (*)              --              --              --
ICE FCOJ-A (OJ).................              60               5              --               7               7
                                              80               5              --               4               4
                                             100               5              --               4               4
ICE Sugar No. 11 (SB)...........              60              55              --              41              39
                                              80              42              --              31              29
                                             100              16              --              21              22
                                             500             (*)              --              --              --
ICE Sugar No. 16 (SF)...........              60               5              --               6              13
                                              80               5              --               6              11
                                             100               4              --               5              11
----------------------------------------------------------------------------------------------------------------
                                                     Energy
----------------------------------------------------------------------------------------------------------------
NYMEX Henry Hub Natural Gas (NG)              60             187             236             (*)               7
                                              80             142             205             (*)             (*)
                                             100              83             187              --             (*)
                                             500             (*)              46              --              --
NYMEX Light Sweet Crude Oil (CL)              60             135             100             (*)              12
                                              80              95              87             (*)               7
                                             100              44              65              --             (*)
                                             500              --              --              --              --
NYMEX NY Harbor ULSD (HO).......              60              76              68              13              16

[[Page 10026]]

 
                                              80              49              63               7               9
                                             100              31              44             (*)               6
                                             500              --               5              --              --
NYMEX RBOB Gasoline (RB)........              60              97              57              26              30
                                              80              67              52              15              17
                                             100              36              37              11              12
                                             500              --             (*)              --              --
----------------------------------------------------------------------------------------------------------------
                                                     Metals
----------------------------------------------------------------------------------------------------------------
COMEX Copper (HG)...............              60              12              --              61              62
                                              80               9              --              37              40
                                             100               4              --              29              30
COMEX Gold (GC).................              60              13              --              22              24
                                              80               9              --              14              14
                                             100               5              --              10              11
COMEX Silver (SI)...............              60               9              --              34              32
                                              80               4              --              20              21
                                             100             (*)              --              16              16
NYMEX Palladium (PA)............              60               9              --              12              13
                                              80               5              --               9               5
                                             100             (*)              --               4               4
NYMEX Platinum (PL).............              60              11              --              29              29
                                              80               7              --              18              18
                                             100             (*)              --               9               9
----------------------------------------------------------------------------------------------------------------
Legend:
* means fewer than 4 unique owners exceeded the level.
-- means no unique owner exceeded the level.
NA means not applicable.\14\

    Both comment periods will reopen on February 26, 2015, and will 
close on March 28, 2015.
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    \14\ Table notes: (1) Aggregation exemptions were not used in 
computing the counts of unique persons; (2) the position data was 
for futures, futures options and swaps that are significant price 
discovery contracts (SPDCs).

    Issued in Washington, DC, on February 19, 2015, by the 
Commission.
Christopher J. Kirkpatrick,
Secretary of the Commission.

    Note:  The following appendix will not appear in the Code of 
Federal Regulations.

Appendix to Position Limits for Derivatives and Aggregation of 
Positions Reopening of Comment Periods--Commission Voting Summary

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

[FR Doc. 2015-03834 Filed 2-24-15; 8:45 am]
BILLING CODE 6351-01-P



                                                      10022               Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules

                                                      reimbursement of research and                           deny reinsurance, A&O subsidy and risk                concluded, the NRS must be
                                                      development costs, maintenance costs,                   subsidy on the underlying FCIC                        resubmitted for review.
                                                      or user fees.                                           reinsured policy for which such NRS                     Signed in Washington, DC, on February 13,
                                                        (n) For purposes of this section, rights              policy was sold.                                      2015.
                                                      to, or obligations of, research and                        (1) If the NRS policy materially                   Brandon Willis,
                                                      development cost reimbursement,                         increases or shifts risk to the underlying            Manager, Federal Crop Insurance
                                                      maintenance cost reimbursement, or                      policy or plan of insurance reinsured by              Corporation.
                                                      user fees cannot be transferred from any                FCIC.                                                 [FR Doc. 2015–03604 Filed 2–23–15; 8:45 am]
                                                      individual or entity unless specifically                   (i) An NRS policy will be considered               BILLING CODE 3410–08–P
                                                      approved in writing by the Board.                       to materially increase or shift risk to the
                                                        (o) Applicants requesting                             underlying policy or plan of insurance
                                                      reimbursement for research and                          reinsured by FCIC if it creates an
                                                      development costs, maintenance costs,                   incentive for moral hazard such as a                  COMMODITY FUTURES TRADING
                                                      or user fees, may present their request                 financial incentive to increase the                   COMMISSION
                                                      in person to the Board prior to                         number or size of losses or, allows for
                                                      consideration for approval.                                                                                   17 CFR Parts 1, 15, 17, 19, 32, 37, 38,
                                                                                                              aggregate indemnities in excess of the                140, and 150
                                                        (p) Index-based weather plans of                      expected value of the insured
                                                      insurance are not eligible for                          commodity.                                            RIN 3038–AD99; 3038–AD82
                                                      reimbursement from FCIC for                                (ii) The NRS must include language
                                                      maintenance costs or research and                       that clearly states no indemnity will be              Position Limits for Derivatives and
                                                      development costs. Submitters of                        paid in excess of the initial value of the            Aggregation of Positions
                                                      approved index-based weather plans of                   insured commodity.                                    AGENCY: Commodity Futures Trading
                                                      insurance may collect user fees from                       (2) The NRS reduces or limits the                  Commission.
                                                      other approved insurance providers in                   rights of the insured with respect to the
                                                      accordance with Procedures Handbook                                                                           ACTION: Notice of proposed rulemaking;
                                                                                                              underlying policy or plan of insurance                provision of Table 11a; and reopening of
                                                      17050—Approved Procedures for                           reinsured by FCIC. An NRS policy will
                                                      Submission of Index-based Weather                                                                             comment periods.
                                                                                                              be considered to reduce or limit the
                                                      Plans of Insurance.                                     rights of the insured with respect to the             SUMMARY:   On December 12, 2013, the
                                                      § 400.713 Non-reinsured supplemental                    underlying policy or plan of insurance                Commodity Futures Trading
                                                      (NRS) policy.                                           if it alters the terms or conditions of the           Commission (‘‘Commission’’) published
                                                         (a) Unless otherwise specified by                    underlying policy or otherwise                        in the Federal Register a notice of
                                                      FCIC, any NRS policy that covers the                    preempts procedures issued by FCIC.                   proposed rulemaking (the ‘‘Position
                                                      same agricultural commodity as any                         (3) The NRS disrupts the marketplace.              Limits Proposal’’) to establish
                                                      policy reinsured by FCIC under the Act                  An NRS policy will be considered to                   speculative position limits for 28
                                                      must be provided to RMA to ensure it                    disrupt the marketplace if it encourages              exempt and agricultural commodity
                                                      does not shift any loss under the FCIC                  planting more acres of the insured                    futures and options contracts and the
                                                      reinsured policy. Failure to provide                    commodity in excess of normal market                  physical commodity swaps that are
                                                      such NRS policy or endorsement to                       demand, adversely affects the sales or                economically equivalent to such
                                                      RMA prior to its issuance shall result in               administration of reinsured policies,                 contracts. On November 15, 2013, the
                                                      the denial of reinsurance, A&O subsidy                  undermines producers’ confidence in                   Commission published in the Federal
                                                      and risk subsidy on the underlying FCIC                 the Federal crop insurance program, or                Register a notice of proposed
                                                      reinsured policy for which such NRS                     harms public perception of the Federal                rulemaking (the ‘‘Aggregation
                                                      policy was sold.                                        crop insurance program.                               Proposal’’) to amend existing
                                                         (b) Three hard copies, and an                           (4) The NRS is an impermissible                    regulations setting out the Commission’s
                                                      electronic copy in a format approved by                 rebate. An NRS may be considered to be                policy for aggregation under its position
                                                      RMA, of the new or revised NRS policy                   an impermissible rebate if FCIC                       limits regime. The Commission’s Energy
                                                      and related materials must be submitted                 determines that the premium rates                     and Environmental Markets Advisory
                                                      at least 150 days prior to the first sales              charged are insufficient to cover the                 Committee has scheduled a public
                                                      closing date applicable to the NRS                      expected losses and a reasonable reserve              meeting to be held on February 26,
                                                      policy. At a minimum, examples that                     or it offers other benefits that are                  2015, which will consider, among other
                                                      demonstrate how liability and                           generally provided at a cost.                         matters, exemptions for bona fide
                                                      indemnities are determined under                           (5) The NRS policy is conditioned                  hedging positions. In conjunction with
                                                      differing scenarios must be included.                   upon or provides incentive for the                    the meeting of the Commission’s Energy
                                                         (1) Hard copies of the NRS must be                   purchase of the underlying policy or                  and Environmental Markets Advisory
                                                      sent to the Deputy Administrator for                    plan of insurance reinsured by FCIC                   Committee, the Commission will post
                                                      Product Management (or successor),                      with a specific agent or approved                     an agenda and associated materials, if
                                                      USDA/Risk Management Agency,                            insurance provider.                                   any, on the Commission’s Web site;
                                                      Beacon Facility Mail Stop 0812, 9240                       (d) RMA will respond not less than 60              additionally, access to a video webcast
                                                      Troost Ave., Kansas City, MO 64131–                     days before the first sales closing date or           of the meeting will be added to the Web
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                      3055.                                                   provide notice why RMA is unable to                   site. In addition, and in connection with
                                                         (2) Electronic copies of the NRS must                respond within the time frame allotted.               the meeting, the Commission is
                                                      be sent to the Deputy Administrator for                    (e) NRS policies reviewed by RMA                   providing counts of the unique persons
                                                      Product Management (or successor) at                    will not need to be submitted for a five              over percentages of the 28 proposed
                                                      DeputyAdministrator@rma.usda.gov.                       year period unless a change is made to                position limit levels (currently provided
                                                         (c) RMA will review the NRS policy.                  the NRS or the underlying policy or the               in Table 11 of the Position Limits
                                                      If any of the conditions found in                       loss ratio for the NRS policy exceeds                 Proposal based on counts from the
                                                      paragraphs (c)(1) through (5) of this                   2.0. Once any changes are made to                     period of January 1, 2011, to December
                                                      section are found to occur, FCIC will                   either policy or the five year period has             31, 2012 period) in a new table, Table


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                                                                          Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules                                                 10023

                                                      11a, based on counts from the period of                 deem to be inappropriate for                              The Commission published the
                                                      January 1, 2013, to December 31, 2014.                  publication, such as obscene language.                 Position Limits Proposal and the
                                                      To provide commenters with a                            All submissions that have been redacted                Aggregation Proposal separately because
                                                      sufficient period of time to respond to                 or removed that contain comments on                    it believes that the proposed
                                                      questions raised and points made at the                 the merits of the rulemaking will be                   amendments regarding aggregation of
                                                      Energy and Environmental Markets                        retained in the public comment file and                positions could be appropriate
                                                      Committee meeting, as well as to                        will be considered as required under the               regardless of whether the Position
                                                      provide an opportunity to comment on                    Administrative Procedure Act and other                 Limits Proposal is finalized.8 If the
                                                      Table 11a, the Commission will reopen                   applicable laws, and may be accessible                 Aggregation Proposal is finalized first,
                                                      the comment periods for an additional                   under the Freedom of Information Act.                  the modifications would apply to the
                                                      30 days. The Commission is providing                    FOR FURTHER INFORMATION CONTACT:                       current position limits regime for
                                                      notice that comments may be made on                     Stephen Sherrod, Senior Economist,                     futures and option contracts on nine
                                                      the issues addressed at the meeting or                  Division of Market Oversight, (202) 418–               enumerated agricultural commodities. If
                                                      in the associated materials posted to the               5452, ssherrod@cftc.gov; or Riva Spear                 the Position Limits Proposal is
                                                      Commission’s Web site, as they pertain                  Adriance, Senior Special Counsel,                      subsequently finalized, the
                                                      to energy commodities. Furthermore,                     Division of Market Oversight, (202) 418–               modifications in the Aggregation
                                                      comments may be made on Table 11a,                      5494, radriance@cftc.gov; Commodity                    Proposal would apply to the position
                                                      showing counts of the unique persons                    Futures Trading Commission, Three                      limits regime for 28 exempt and
                                                      over percentages of the 28 proposed                     Lafayette Centre, 1155 21st Street NW.,                agricultural commodity futures and
                                                      position limit levels based on counts                   Washington, DC 20581.                                  options contracts and the physical
                                                      from the period of January 1, 2013, to                  SUPPLEMENTARY INFORMATION:                             commodity swaps that are economically
                                                      December 31, 2014.                                                                                             equivalent to such contracts.
                                                                                                              I. Background                                             In order to provide interested parties
                                                      DATES: The comment periods for the
                                                                                                                 The Commission has long established                 with an opportunity to comment on the
                                                      Aggregation Proposal published
                                                                                                              and enforced speculative position limits               Aggregation Proposal during the
                                                      November 15, 2013, at 78 FR 68946, and
                                                                                                              for futures and options contracts on                   comment period on the Position Limits
                                                      for the Position Limits Proposal
                                                                                                              various agricultural commodities as                    Proposal, the Commission extended the
                                                      published December 12, 2013, at 78 FR
                                                                                                              authorized by the Commodity Exchange                   comment period for the Aggregation
                                                      75680, will reopen on February 26,
                                                                                                              Act (‘‘CEA’’).1 The part 150 position                  Proposal to February 10, 2014, the same
                                                      2015, and will close on March 28, 2015.
                                                                                                              limits regime 2 generally includes three               end date as the comment period for the
                                                      ADDRESSES: You may submit comments,                                                                            Position Limits Proposal.9
                                                                                                              components: (1) the level of the limits,
                                                      identified by RIN 3038–AD99 for the                                                                               Subsequent to publication of the
                                                                                                              which set a threshold that restricts the
                                                      Position Limits Proposal or RIN 3038–                                                                          Position Limits Proposal and the
                                                                                                              number of speculative positions that a
                                                      AD82 for the Aggregation Proposal, by                                                                          Aggregation Proposal, the Commission
                                                                                                              person may hold in the spot-month,
                                                      any of the following methods:                                                                                  directed staff to schedule a June 19,
                                                                                                              individual month, and all months
                                                         • Agency Web site: http://                                                                                  2014, public roundtable to consider
                                                                                                              combined,3 (2) exemptions for positions
                                                      comments.cftc.gov;                                                                                             certain issues regarding position limits
                                                         • Mail: Christopher Kirkpatrick,                     that constitute bona fide hedging
                                                                                                              transactions and certain other types of                for physical commodity derivatives. The
                                                      Secretary of the Commission,                                                                                   roundtable focused on hedges of a
                                                      Commodity Futures Trading                               transactions,4 and (3) rules to determine
                                                                                                              which accounts and positions a person                  physical commodity by a commercial
                                                      Commission, Three Lafayette Centre,                                                                            enterprise, including gross hedging,
                                                      1155 21st Street NW., Washington, DC                    must aggregate for the purpose of
                                                                                                              determining compliance with the                        cross-commodity hedging, anticipatory
                                                      20581;                                                                                                         hedging, and the process for obtaining a
                                                         • Hand Delivery/Courier: Same as                     position limit levels.5 The Position
                                                                                                              Limits Proposal generally sets out                     non-enumerated exemption. Discussion
                                                      Mail, above; or                                                                                                included the setting of spot month
                                                         • Federal eRulemaking Portal: http://                proposed changes to the first and
                                                                                                              second components of the position                      limits in physical-delivery and cash-
                                                      www.regulations.gov. Follow                                                                                    settled contracts and a conditional spot-
                                                      instructions for submitting comments.                   limits regime and would establish
                                                                                                              speculative position limits for 28                     month limit exemption. Further, the
                                                         Please submit your comments using                                                                           roundtable included discussion of: The
                                                      only one method. All comments must be                   exempt and agricultural commodity
                                                                                                              futures and option contracts, and                      aggregation exemption for certain
                                                      submitted in English, or if not,                                                                               ownership interests of greater than 50
                                                      accompanied by an English translation.                  physical commodity swaps that are
                                                                                                              ‘‘economically equivalent’’ to such                    percent in an owned entity; and
                                                      Comments will be posted as received to                                                                         aggregation based on substantially
                                                      http://www.cftc.gov. You should submit                  contracts (as such term is used in CEA
                                                                                                              section 4a(a)(5)).6 The Aggregation                    identical trading strategies. As well, the
                                                      only information that you wish to make                                                                         Commission invited comment on
                                                      available publicly. If you wish the                     Proposal generally sets out proposed
                                                                                                              changes to the third component of the                  whether to provide parity for wheat
                                                      Commission to consider information                                                                             contracts in non-spot month limits. In
                                                      that may be exempt from disclosure                      position limits regime.7
                                                                                                                                                                     conjunction with the roundtable, staff
                                                      under the Freedom of Information Act,                     17                                                   questions regarding these topics were
                                                                                                                   U.S.C. 1 et seq.
                                                      a petition for confidential treatment of                                                                       posted on the Commission’s Web site.
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                                                                                                                2 See 17 CFR part 150. Part 150 of the
                                                      the exempt information may be                           Commission’s regulations establishes federal              To provide commenters with a
                                                      submitted under § 145.9 of the                          position limits on futures and option contracts in     sufficient period of time to respond to
                                                      Commission’s regulations (17 CFR                        nine enumerated agricultural commodities.              questions raised and points made at the
                                                                                                                3 See 17 CFR 150.2.
                                                      145.9).                                                                                                        roundtable, the Commission published a
                                                                                                                4 See 17 CFR 150.3.
                                                         The Commission reserves the right,                     5 See 17 CFR 150.4.
                                                                                                                                                                     document in the Federal Register on
                                                      but shall have no obligation, to review,                  6 See Position Limits for Derivatives, 78 FR 75680   May 29, 2014 (79 FR 30762), reopening
                                                      pre-screen, filter, redact, refuse or                   (Dec. 12, 2013).
                                                      remove any or all of your submission                      7 See Aggregation of Positions, 78 FR 68946 (Nov.      8 See   id. at 68947.
                                                      from http://www.cftc.gov that it may                    15, 2013).                                               9 See   79 FR 2394 (Jan. 14, 2014).



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                                                      10024                    Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules

                                                      the comment periods for the Position                                CommentList.aspx?id=1436. Comment                         to energy commodities, including
                                                      Limit Proposal and the Aggregation                                  letters received on the Aggregation                       hedges of a physical commodity by a
                                                      Proposal for three weeks, from June 12,                             Proposal are available at http://                         commercial enterprise, as pertains to
                                                      2014 to July 3, 2014. The Commission                                comments.cftc.gov/PublicComments/                         energy commodities.
                                                      published a document in the Federal                                 CommentList.aspx?id=1427.                                   In addition, and in connection with
                                                      Register on July 3, 2014 (79 FR 37973),                                                                                       the Energy and Environmental Markets
                                                                                                                          II. Reopening of Comment Period
                                                      further extending the comment periods                                                                                         Advisory Committee meeting, the
                                                      to August 4, 2014.                                                     The Commission’s Energy and                            Commission is providing counts of the
                                                         The Commission’s Agricultural                                    Environmental Markets Advisory                            unique persons exceeding the 28
                                                      Advisory Committee met on December                                  Committee has scheduled a meeting on                      proposed position limit levels (currently
                                                      9, 2014. The agenda adopted for the                                 February 26, 2015. The agenda adopted                     provided in Table 11 of the Positions
                                                      meeting included consideration, among                               for the meeting includes consideration                    Limits Proposal based on counts from
                                                      other matters, of two issues associated                             of exemptions for bona fide hedging                       the period of January 1, 2011, to
                                                      with the Position Limits rulemaking:                                positions. In conjunction with the                        December 31, 2012 period 12) by certain
                                                      Deliverable supply and exemptions for                               meeting of the Commission’s Energy                        specified percentages in a new table,
                                                      bona fide hedging positions. In                                     and Environmental Markets Advisory                        Table 11a, based on counts from the
                                                      conjunction with the meeting of the                                 Committee, the Commission will post                       period of January 1, 2013, to December
                                                      Commission’s Agricultural Advisory                                  associated materials on the                               31, 2014. As was the case with Table 11,
                                                      Committee, the Commission posted                                    Commission’s Web site; additionally,                      to provide the public with additional
                                                      questions and presentation materials on                             access to a video webcast of the meeting                  information regarding the number of
                                                      the Commission’s Web site;                                          will be added to the Web site. To                         large position holders in the past two
                                                      additionally, access to a video webcast                             provide interested persons with a                         calendar years, Table 11a provides
                                                      of the meeting was added to the Web                                 sufficient period of time to respond to                   counts of unique persons over 60, 80,
                                                      site.10 To provide interested persons                               questions raised and points made at the                   100, and 500 percent of the levels of the
                                                      with a sufficient period of time to                                 Energy and Environmental Markets                          position limits proposed for 28 core
                                                      respond to questions raised and points                              Advisory Committee meeting, the                           referenced futures products.13 Note that
                                                      made at the Agricultural Advisory                                   Commission is reopening both the                          the 500 percent line is omitted from
                                                      Committee meeting, the Commission                                   Position Limit Proposal and the                           Table 11a for contracts where no person
                                                      reopened both the Position Limit                                    Aggregation Proposal for an additional                    held a position over that level. The
                                                      Proposal and the Aggregation Proposal                               30-day comment period. The                                Commission notes that in addition to
                                                      for an additional 45-day comment                                    Commission is providing notice that, in                   commenting on the agenda issues and
                                                      period.11                                                           addition to commenting on the agenda                      on the issues addressed at the meeting
                                                         Comment letters received on the                                  issues, comments may be made on the                       or in associated materials posted to the
                                                      Position Limits Proposal are available at                           issues addressed at the meeting or in                     Commission’s Web site, as they pertain
                                                      http://comments.cftc.gov/                                           associated materials posted to the                        to energy commodities, comments may
                                                      PublicComments/                                                     Commission’s Web site, as they pertain                    be made on Table 11a.

                                                           TABLE 11a—UNIQUE PERSONS OVER PERCENTAGES OF PROPOSED POSITION LIMIT LEVELS, JANUARY 1, 2013, TO
                                                                                                DECEMBER 31, 2014
                                                                                                                                                                                   Unique persons over level
                                                                                                                                             Percent of
                                                            Commodity type/core referenced futures contract                                                     Spot month
                                                                                                                                               level                               Spot month
                                                                                                                                                                 (physical-                           Single month          All months
                                                                                                                                                                                  (cash-settled)
                                                                                                                                                                  delivery)

                                                                                                                                           Legacy Agricultural

                                                      CBOT Corn (C) ....................................................................                  60               206                 —                   12                   25
                                                                                                                                                          80               147                 —                    4                    7
                                                                                                                                                         100                49                 —                   (*)                   5
                                                                                                                                                         500                 4                 —                   —                    —
                                                      CBOT Oats (O) ....................................................................                  60                (*)                —                   11                   12
                                                                                                                                                          80                (*)                —                    6                    8
                                                                                                                                                         100                —                  —                   (*)                   5
                                                      CBOT Soybeans (S) ............................................................                      60               127                 —                   14                   18
                                                                                                                                                          80                90                 —                    9                   11
                                                                                                                                                         100                31                 —                    6                    9
                                                                                                                                                         500                 9                 —                   —                    —
                                                      CBOT Soybean Meal (SM) ..................................................                           60                53                 —                   42                   54
                                                                                                                                                          80                31                 —                   12                   19
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                                                         10 Questions, presentation materials, and a video                materials posted to the Commission’s Web site, as         proposed initial limit levels, without regard to
                                                      webcast have been made available at http://                         they pertained to agricultural commodities,               alternatives presented in the proposed rule. See 78
                                                      www.cftc.gov/PressRoom/Events/                                      including hedges of a physical commodity by a             FR at 75839 for the proposed initial limit levels for
                                                      opaevent_aac120914.                                                 commercial enterprise; and the process for                the spot month. The Commission also proposed
                                                         11 See 79 FR 71973 (Dec. 4, 2014). The                           estimating deliverable supplies used in the setting       alternatives methods for setting initial levels for the
                                                      Commission also provided notice and clarification                   of spot month limits, as each pertained to                spot month. See FR at 75727–8. The proposed
                                                      that, in addition to commenting on the agenda                       agricultural commodities. See also 80 FR 200 (Jan.        initial limit levels for the non-spot months are
                                                      issues noted in the December 4, 2014, Federal                       5, 2015).                                                 found at 78 FR 76787 (Dec. 19, 2013). The
                                                                                                                             12 See 78 FR 75680 at 75731 (Dec. 12, 2013).
                                                      Register release providing notice of the reopened                                                                             Commission also proposed an alternative method to
                                                      comment period, comments could be made on the                          13 As is the case for Table 11, the Commission         establish higher initial limit levels in the non-spot
                                                      issues addressed at the meeting or in associated                    notes that Table 11a is presented using the               months. See FR 78 at 75734.



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                                                                               Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules                                                       10025

                                                           TABLE 11a—UNIQUE PERSONS OVER PERCENTAGES OF PROPOSED POSITION LIMIT LEVELS, JANUARY 1, 2013, TO
                                                                                           DECEMBER 31, 2014—Continued
                                                                                                                                                                                  Unique persons over level
                                                                                                                                            Percent of
                                                            Commodity type/core referenced futures contract                                                    Spot month
                                                                                                                                              level                               Spot month
                                                                                                                                                                (physical-                          Single month    All months
                                                                                                                                                                                 (cash-settled)
                                                                                                                                                                 delivery)

                                                                                                                                                        100                16                —                 6             11
                                                                                                                                                        500                (*)               —                —              —
                                                      CBOT Soybean Oil (SO) .....................................................                        60                82                —                31             38
                                                                                                                                                         80                51                —                10             18
                                                                                                                                                        100                18                —                 5             11
                                                                                                                                                        500                (*)               —                —              —
                                                      CBOT Wheat (W) .................................................................                   60                39                —                35             33
                                                                                                                                                         80                30                —                12             17
                                                                                                                                                        100                10                —                 8             11
                                                                                                                                                        500                (*)               —                —              —
                                                      ICE Cotton No. 2 (CT) .........................................................                    60                16                —                15             22
                                                                                                                                                         80                10                —                10             14
                                                                                                                                                        100                 7                —                 8             10
                                                                                                                                                        500                 4                —                —              —
                                                      KCBT Hard Winter Wheat (KW) ..........................................                             60                17                —                32             39
                                                                                                                                                         80                 7                —                16             27
                                                                                                                                                        100                (*)               —                12             12
                                                      MGEX Hard Red Spring Wheat (MWE) ..............................                                    60                 7                —                33             36
                                                                                                                                                         80                 4                —                20             29
                                                                                                                                                        100                (*)               —                15             21

                                                                                                                                            Other Agricultural

                                                      CBOT Rough Rice (RR) ......................................................                        60                9                 —                 6              5
                                                                                                                                                         80                7                 —                 4              4
                                                                                                                                                        100               (*)                —                (*)            (*)
                                                      CME Milk Class III (DA) .......................................................                    60               NA                  5               (*)            26
                                                                                                                                                         80               NA                  4               —              15
                                                                                                                                                        100               NA                 (*)              —              10
                                                      CME Feeder Cattle (FC) ......................................................                      60               NA                113                8             14
                                                                                                                                                         80               NA                 70               (*)             8
                                                                                                                                                        100               NA                 28               —               5
                                                      CME Lean Hog (LH) ............................................................                     60               NA                 98               19             34
                                                                                                                                                         80               NA                 74                8             24
                                                                                                                                                        100               NA                 45               (*)            14
                                                      CME Live Cattle (LC) ...........................................................                   60               51                 —                14             29
                                                                                                                                                         80                7                 —                 7             16
                                                                                                                                                        100                5                 —                (*)             8
                                                      ICUS Cocoa (CC) ................................................................                   60                4                 —                47             42
                                                                                                                                                         80                4                 —                38             30
                                                                                                                                                        100               (*)                —                21             21
                                                      ICE Coffee C (KC) ...............................................................                  60               14                 —                30             32
                                                                                                                                                         80               10                 —                13             16
                                                                                                                                                        100                6                 —                 8             11
                                                                                                                                                        500               (*)                —                —              —
                                                      ICE FCOJ–A (OJ) ................................................................                   60                5                 —                 7              7
                                                                                                                                                         80                5                 —                 4              4
                                                                                                                                                        100                5                 —                 4              4
                                                      ICE Sugar No. 11 (SB) ........................................................                     60               55                 —                41             39
                                                                                                                                                         80               42                 —                31             29
                                                                                                                                                        100               16                 —                21             22
                                                                                                                                                        500               (*)                —                —              —
                                                      ICE Sugar No. 16 (SF) ........................................................                     60                5                 —                 6             13
                                                                                                                                                         80                5                 —                 6             11
                                                                                                                                                        100                4                 —                 5             11

                                                                                                                                                 Energy
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                                                      NYMEX Henry Hub Natural Gas (NG) ................................                                  60               187               236               (*)             7
                                                                                                                                                         80               142               205               (*)            (*)
                                                                                                                                                        100                83               187               —              (*)
                                                                                                                                                        500                (*)               46               —              —
                                                      NYMEX Light Sweet Crude Oil (CL) ...................................                               60               135               100               (*)            12
                                                                                                                                                         80                95                87               (*)             7
                                                                                                                                                        100                44                65               —              (*)
                                                                                                                                                        500                —                 —                —              —
                                                      NYMEX NY Harbor ULSD (HO) ..........................................                               60                76                68               13             16



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                                                      10026                    Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Proposed Rules

                                                           TABLE 11a—UNIQUE PERSONS OVER PERCENTAGES OF PROPOSED POSITION LIMIT LEVELS, JANUARY 1, 2013, TO
                                                                                           DECEMBER 31, 2014—Continued
                                                                                                                                                                                   Unique persons over level
                                                                                                                                             Percent of
                                                            Commodity type/core referenced futures contract                                                     Spot month
                                                                                                                                               level                               Spot month
                                                                                                                                                                 (physical-                          Single month    All months
                                                                                                                                                                                  (cash-settled)
                                                                                                                                                                  delivery)

                                                                                                                                                          80                49                63                7              9
                                                                                                                                                         100                31                44               (*)             6
                                                                                                                                                         500                —                  5               —              —
                                                      NYMEX RBOB Gasoline (RB) .............................................                              60                97                57               26             30
                                                                                                                                                          80                67                52               15             17
                                                                                                                                                         100                36                37               11             12
                                                                                                                                                         500                —                 (*)              —              —

                                                                                                                                                  Metals

                                                      COMEX Copper (HG) ..........................................................                        60                12                —                61             62
                                                                                                                                                          80                 9                —                37             40
                                                                                                                                                         100                 4                —                29             30
                                                      COMEX Gold (GC) ..............................................................                      60                13                —                22             24
                                                                                                                                                          80                 9                —                14             14
                                                                                                                                                         100                 5                —                10             11
                                                      COMEX Silver (SI) ...............................................................                   60                 9                —                34             32
                                                                                                                                                          80                 4                —                20             21
                                                                                                                                                         100                (*)               —                16             16
                                                      NYMEX Palladium (PA) .......................................................                        60                 9                —                12             13
                                                                                                                                                          80                 5                —                 9              5
                                                                                                                                                         100                (*)               —                 4              4
                                                      NYMEX Platinum (PL) .........................................................                       60                11                —                29             29
                                                                                                                                                          80                 7                —                18             18
                                                                                                                                                         100                (*)               —                 9              9
                                                         Legend:
                                                         * means fewer than 4 unique owners exceeded the level.
                                                         — means no unique owner exceeded the level.
                                                         NA means not applicable.14


                                                        Both comment periods will reopen on                              DEPARTMENT OF HEALTH AND                                   because the currently available data are
                                                      February 26, 2015, and will close on                               HUMAN SERVICES                                             insufficient to classify it as GRASE and
                                                      March 28, 2015.                                                                                                               not misbranded, and additional
                                                                                                                         Food and Drug Administration                               information is needed to allow us to
                                                        Issued in Washington, DC, on February 19,
                                                      2015, by the Commission.
                                                                                                                                                                                    determine otherwise.
                                                                                                                         21 CFR Part 310
                                                      Christopher J. Kirkpatrick,                                                                                                   DATES: Submit either electronic or
                                                                                                                         [Docket Nos. FDA–2003–N–0196 (Formerly                     written comments on this proposed
                                                      Secretary of the Commission.                                       2003N–0233), FDA–1978–N–0018 (Formerly                     order by April 13, 2015. Sponsors may
                                                        Note: The following appendix will not                            1978N–0038 and 78N–0038), and FDA–1996–                    submit written requests for a meeting
                                                      appear in the Code of Federal Regulations.                         N–0006 (Formerly 96N–0277)]                                with FDA to discuss this proposed order
                                                                                                                         Over-the-Counter Sunscreen Drug                            by March 27, 2015. See section VI for
                                                      Appendix to Position Limits for                                    Products—Regulatory Status of                              the proposed effective date of a final
                                                      Derivatives and Aggregation of                                     Enzacamene                                                 order based on this proposed order.
                                                      Positions Reopening of Comment                                                                                                ADDRESSES: You may submit comments
                                                      Periods—Commission Voting Summary                                  AGENCY:          Food and Drug Administration,             by any of the following methods:
                                                                                                                         HHS.
                                                        On this matter, Chairman Massad and                                    Proposed order; request for
                                                                                                                         ACTION:                                                    Electronic Submissions
                                                      Commissioners Wetjen, Bowen, and                                   comments.                                                    Submit electronic comments in the
                                                      Giancarlo voted in the affirmative. No
                                                                                                                         SUMMARY:   The Food and Drug                               following way:
                                                      Commissioner voted in the negative.
                                                                                                                         Administration (FDA or the Agency) is                        • Federal eRulemaking Portal: http://
                                                      [FR Doc. 2015–03834 Filed 2–24–15; 8:45 am]                                                                                   www.regulations.gov. Follow the
                                                                                                                         issuing a proposed sunscreen order
                                                      BILLING CODE 6351–01–P                                             (proposed order) under the Federal                         instructions for submitting comments.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                                                                                         Food, Drug, and Cosmetic Act (the                          Written Submissions
                                                                                                                         FD&C Act), as amended by the
                                                                                                                         Sunscreen Innovation Act (SIA). The                          Submit written submissions in the
                                                                                                                         proposed order announces FDA’s                             following ways:
                                                        14 Table notes: (1) Aggregation exemptions were
                                                                                                                         tentative determination that                                 • Mail/Hand delivery/Courier (for
                                                      not used in computing the counts of unique
                                                                                                                         enzacamene is not generally recognized                     paper submissions): Division of Dockets
                                                      persons; (2) the position data was for futures,                    as safe and effective (GRASE) and is                       Management (HFA–305), Food and Drug
                                                      futures options and swaps that are significant price               misbranded when used in over-the-                          Administration, 5630 Fishers Lane, Rm.
                                                      discovery contracts (SPDCs).                                       counter (OTC) sunscreen products                           1061, Rockville, MD 20852.


                                                 VerDate Sep<11>2014       15:09 Feb 24, 2015      Jkt 235001     PO 00000      Frm 00019     Fmt 4702    Sfmt 4702   E:\FR\FM\25FEP1.SGM   25FEP1



Document Created: 2015-12-18 13:09:40
Document Modified: 2015-12-18 13:09:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking; provision of Table 11a; and reopening of comment periods.
DatesThe comment periods for the Aggregation Proposal published November 15, 2013, at 78 FR 68946, and for the Position Limits Proposal published December 12, 2013, at 78 FR 75680, will reopen on February 26, 2015, and will close on March 28, 2015.
ContactStephen Sherrod, Senior Economist, Division of Market Oversight, (202) 418-5452, [email protected]; or Riva Spear Adriance, Senior Special Counsel, Division of Market Oversight, (202) 418-5494, [email protected]; Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581.
FR Citation80 FR 10022 
RIN Number3038-AD99 and 3038-AD82
CFR Citation17 CFR 1
17 CFR 140
17 CFR 15
17 CFR 150
17 CFR 17
17 CFR 19
17 CFR 32
17 CFR 37
17 CFR 38

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