81 FR 3390 - Performance of Certain Functions by the National Futures Association Related to Notices of Swap Valuation Disputes Filed by Swap Dealers and Major Swap Participants
COMMODITY FUTURES TRADING COMMISSION Federal Register Volume 81, Issue 13 (January 21, 2016)
Federal Register Volume 81, Issue 13 (January 21, 2016)
| Page Range | 3390-3391 | |
| FR Document | 2016-01051 |
[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)] [Notices] [Pages 3390-3391] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01051] ======================================================================= ----------------------------------------------------------------------- COMMODITY FUTURES TRADING COMMISSION Performance of Certain Functions by the National Futures Association Related to Notices of Swap Valuation Disputes Filed by Swap Dealers and Major Swap Participants AGENCY: Commodity Futures Trading Commission. ACTION: Notice and order. ----------------------------------------------------------------------- SUMMARY: The Commodity Futures Trading Commission (``Commission'') is authorizing the National Futures Association (``NFA'') to receive, review, maintain, and serve as the official custodian of records for notices provided by swap dealers (``SDs'') and major swap participants (``MSPs'') of swap valuation disputes in excess of $20 million U.S. dollars (or its equivalent in any other currency), as provided in Commission regulation 23.502(c). DATES: Effective Date: March 1, 2016. FOR FURTHER INFORMATION CONTACT: Erik F. Remmler, Deputy Director, 202- 418-7630, [email protected], or Brian G. Mulherin, Associate Director, 202-418-6622, [email protected], Division of Swap Dealer and Intermediary Oversight (``DSIO''), Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581. SUPPLEMENTARY INFORMATION: I. Background and Authority Section 8a(10) of the Commodity Exchange Act \1\ (the ``Act'' or ``CEA'') provides that the Commission may authorize any person to perform any portion of the registration functions under the Act, notwithstanding any other provision of law. The performance of such functions shall be undertaken in accordance with rules adopted by such person and approved by the Commission or reviewed by the Commission pursuant to Section 17(j) of the Act.\2\ --------------------------------------------------------------------------- \1\ 7 U.S.C. 12a(10) (2014). \2\ 7 U.S.C. 21(j) (2014). --------------------------------------------------------------------------- The purpose of the Act is explained in CEA Section 3(a) \3\ as serving the public interest ``through a system of effective self- regulation of . . . market participants and market professionals under the oversight of the Commission.'' Section 17(o) of the Act \4\ provides that the Commission may require NFA to perform Commission registration functions in accordance with the Act and NFA rules. The Commission has delegated to NFA the authority to conduct many functions previously conducted by the Commission. Such delegated functions include: Processing applications for registration of intermediaries under the Act; \5\ reviewing disclosure documents, and providing the Commission with related summaries and periodic reports; \6\ and acting as the Commission's official custodian of records.\7\ The Commission has found that NFA exercises its delegated authority with proficiency.\8\ Authorizing NFA to perform such functions allows the Commission to devote resources to other aspects of its regulatory mission. --------------------------------------------------------------------------- \3\ 7 U.S.C. 5(a) (2014). \4\ 7 U.S.C. 21(o) (2014). \5\ See, e.g., 48 FR 35158 (Aug. 3, 1983) (introducing brokers and associated persons thereof); 49 FR 39593 (Oct. 9, 1984) (futures commission merchants, commodity pool operators, commodity trading advisors, and associated persons thereof); 51 FR 34490 (Sep. 29, 1986) (floor brokers); 58 FR 19657 (Apr. 15, 1993) (floor traders); and 77 FR 2708 (Jan. 19, 2012) (swap dealers and major swap participants). \6\ See 62 FR 52088 (Oct. 6, 1997); 64 FR 29273 (June 1, 1999). \7\ See, e.g., 49 FR 39593 (Oct. 9, 1984) (regarding the registration records of future commission merchants, commodity pool operators, and commodity trading advisors); 66 FR 43227 (Aug. 17, 2001) (regarding notice registration filings as futures commission merchants or introducing brokers); 67 FR 77470 (Dec. 18, 2002) (regarding commodity pool operator annual financial reports required by regulation 4.22 and 4.7(b)(3)); 75 FR 55310 (Sep. 10, 2010) (regarding the registration records of retail foreign exchange dealers); and 77 FR 2708 (Jan. 19, 2012) (regarding registration records of swap dealers and major swap participants). \8\ See, e.g., 67 FR 77470 (Dec. 18, 2002). --------------------------------------------------------------------------- CEA Section 4s(f)(1) authorizes the Commission to require SDs and MSPs to ``make such reports as are required by the Commission by rule or regulation regarding the transactions and positions . . .'' of SDs and MSPs.\9\ Upon consideration, the Commission has determined to authorize NFA, to receive and review notices of swap valuation disputes, as specified in Regulation 23.502(c).\10\ Regulation 23.502(c) requires SDs and MSPs to notify the Commission of swap valuation disputes in excess of $20 million U.S. dollars (or its equivalent in any other currency), if not resolved within certain stated time frames. While those notices are currently submitted directly to the Commission, NFA is capable of receiving and reviewing those notices on the Commission's behalf. --------------------------------------------------------------------------- \9\ 7 U.S.C. 6s(f)(1) (2014). \10\ Commission regulations referred to herein may be found at 17 CFR Ch. I (2014). --------------------------------------------------------------------------- NFA Compliance Rule 2-49 is capable of being used by NFA to collect notices of swap valuation disputes. That rule states: A Swap Dealer or Major Swap Participant Member must promptly submit any reports, documents or notices, including those required under CFTC Regulation 3.3 or Part 23 of the CFTC's regulations, and any other supplemental information, to NFA and CFTC, as required by NFA, in the form and manner prescribed by NFA. Under this rule, NFA has already required SDs and MSPs to submit copies of the Chief Compliance Officer annual reports required under Regulation 3.3,\11\ and periodic risk exposure reports required under Regulation 23.600(c)(2)(ii).\12\ Because notices of swap valuation disputes are also required under Part 23, NFA is able to require SDs and MSPs to submit those notices to NFA under Compliance Rule 2-49. --------------------------------------------------------------------------- \11\ See NFA Notice to Members I-14-22. \12\ See NFA Notice to Members I-14-20. --------------------------------------------------------------------------- NFA has confirmed its willingness to perform the functions described herein and Commission staff has made NFA staff aware of the requirements that shall apply to NFA in maintaining these records. In particular, NFA, its officers, employees and agents shall ensure the confidentiality of those nonpublic portions of the Commission's records furnished to, compiled or maintained by NFA, including any reports generated by NFA based on the swap valuation dispute notices received by NFA except as allowed by existing or future Commission orders or regulations.\13\ In [[Page 3391]] addition, NFA will maintain these records in accordance with the Commission's Records Disposition Schedule. Further, the work of the Commission requires that Commission staff have ready electronic access to the information contained in the documents encompassed by this Order. Commission staff will have electronic access to a database containing the pertinent information contained in the subject filings. Moreover, NFA will make physical copies of any of the documents encompassed by this Order available to the Commission, Commission staff, the Department of Justice, the Securities and Exchange Commission, and all applicable prudential regulators promptly. --------------------------------------------------------------------------- \13\ See Performance of Registration Functions by National Futures Association, 49 FR 39593, 39596 n.23 (Oct. 9, 1984) (``In this regard, NFA shall take special precautions to protect any information which appears in these [ ] records but which, by its nature, is among the types of information described in sections 8(a), 8(e), and 8a(6) of the Act, so that any such information will not be disclosed inadvertently or without authority.''). --------------------------------------------------------------------------- In light of NFA's experience in receiving and reviewing disclosure documents on behalf of the Commission, the Commission has determined to delegate to NFA the responsibility to receive and review notices of swap valuation disputes required to be filed pursuant to Regulation 23.502(c), to provide the Commission with such summaries and periodic reports as the Commission, through the Director of DSIO, may determine are necessary for the effective oversight of SDs and MSPs, and to maintain and serve as the official custodian of records for those documents. This determination is based upon NFA's representations regarding procedures for maintaining and safeguarding all such records. In maintaining the Commission's records pursuant to this Order, NFA shall be subject to all other requirements and obligations imposed on it by the Commission in existing or future orders or regulations. In this regard, NFA shall also implement such additional procedures (or modify existing procedures) as are acceptable to the Commission and as are necessary and acceptable to the Commission to accomplish the following: Ensure the security and integrity of the records in NFA's custody; facilitate prompt access to those records by the Commission and its staff, particularly as described in other Commission orders or rules; facilitate disclosure of public or nonpublic information in those records when permitted by Commission orders or rules and keep logs as required by the Commission concerning disclosure of nonpublic information; and otherwise safeguard the confidentiality of the records. NFA shall also make such reports regarding those notices as shall be specified by the Commission or the Director of DSIO. II. Conclusion and Order The Commission has determined, in accordance with Sections 4s(f)(1), 8a(10) and 17(o)(1) of the CEA, to authorize NFA to perform the following functions: (1) To receive in the form and manner prescribed by NFA, and conduct reviews of, the notices of swap valuation disputes specified in Regulation 23.502(c), as described above; and (2) To maintain and serve as the official custodian of those Commission records. NFA shall perform these functions in accordance with the standards established by the Act and the regulations and orders promulgated thereunder, and shall provide the Commission with such summaries and periodic reports regarding those records and their contents as the Commission or the Director of DSIO may determine are necessary for the effective oversight of this program. These determinations are based, in part, on the Commission's authority to delegate to NFA portions of the Commission's responsibilities under the CEA, in furtherance of carrying out these responsibilities in the most efficient and cost-effective manner, and upon NFA's representations concerning the standards and procedures to be followed and the reports to be generated in administering these functions. This Order does not, however, authorize NFA to render ``no-action'' positions, exemptions or interpretations with respect to applicable disclosure, reporting, recordkeeping and registration requirements. Nothing in this Order or in CEA Sections 8a(10) or 17(o) shall affect the Commission's authority to review NFA's performance of Commission functions listed above. NFA is authorized to perform all functions specified herein until such time as the Commission orders otherwise. Nothing in this Order shall prevent the Commission from exercising the authority delegated herein. NFA may submit to the Commission for decision any specific matter regarding the functions delegated to it, and Commission staff will be available to discuss with NFA staff issues relating to the implementation of this Order. Nothing in this Order affects the applicability of any previous Orders issued by the Commission. Issued in Washington, DC, on January 14, 2016, by the Commission. Christopher J. Kirkpatrick, Secretary of the Commission. [FR Doc. 2016-01051 Filed 1-20-16; 8:45 am] BILLING CODE 6351-01-P
![3390 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Notices
WSDOT can continue its operations I. Background and Authority ‘‘make such reports as are required by
under such a case. Section 8a(10) of the Commodity the Commission by rule or regulation
9. This Authorization may be Exchange Act 1 (the ‘‘Act’’ or ‘‘CEA’’) regarding the transactions and positions
modified, suspended or withdrawn if provides that the Commission may . . .’’ of SDs and MSPs.9 Upon
the holder fails to abide by the authorize any person to perform any consideration, the Commission has
conditions prescribed herein or if NMFS portion of the registration functions determined to authorize NFA, to receive
determines that the authorized taking is under the Act, notwithstanding any and review notices of swap valuation
having more than a negligible impact on other provision of law. The performance disputes, as specified in Regulation
the species or stock of affected marine of such functions shall be undertaken in 23.502(c).10 Regulation 23.502(c)
mammals, or if there is an unmitigable accordance with rules adopted by such requires SDs and MSPs to notify the
adverse impact on the availability of person and approved by the Commission of swap valuation disputes
such species or stocks for subsistence Commission or reviewed by the in excess of $20 million U.S. dollars (or
uses. Commission pursuant to Section 17(j) of its equivalent in any other currency), if
the Act.2 not resolved within certain stated time
10. A copy of this Authorization must The purpose of the Act is explained frames. While those notices are
be in the possession of each contractor in CEA Section 3(a) 3 as serving the currently submitted directly to the
who performs the construction work at public interest ‘‘through a system of Commission, NFA is capable of
the Coupeville Ferry Terminal. effective self-regulation of . . . market receiving and reviewing those notices
Dated: January 14, 2016. participants and market professionals on the Commission’s behalf.
Perry Gayaldo, under the oversight of the Commission.’’ NFA Compliance Rule 2–49 is capable
Section 17(o) of the Act 4 provides that of being used by NFA to collect notices
Deputy Director, Office of Protected
the Commission may require NFA to of swap valuation disputes. That rule
Resources, National Marine Fisheries Service.
perform Commission registration states:
[FR Doc. 2016–01107 Filed 1–20–16; 8:45 am]
functions in accordance with the Act A Swap Dealer or Major Swap Participant
BILLING CODE 3510–22–P
and NFA rules. The Commission has Member must promptly submit any reports,
delegated to NFA the authority to documents or notices, including those
conduct many functions previously required under CFTC Regulation 3.3 or Part
conducted by the Commission. Such 23 of the CFTC’s regulations, and any other
COMMODITY FUTURES TRADING delegated functions include: Processing supplemental information, to NFA and
COMMISSION applications for registration of CFTC, as required by NFA, in the form and
manner prescribed by NFA.
intermediaries under the Act; 5
Performance of Certain Functions by reviewing disclosure documents, and Under this rule, NFA has already
the National Futures Association providing the Commission with related required SDs and MSPs to submit copies
Related to Notices of Swap Valuation summaries and periodic reports; 6 and of the Chief Compliance Officer annual
Disputes Filed by Swap Dealers and acting as the Commission’s official reports required under Regulation 3.3,11
Major Swap Participants custodian of records.7 The Commission and periodic risk exposure reports
has found that NFA exercises its required under Regulation
AGENCY:Commodity Futures Trading delegated authority with proficiency.8 23.600(c)(2)(ii).12 Because notices of
Commission. Authorizing NFA to perform such swap valuation disputes are also
ACTION: Notice and order. functions allows the Commission to required under Part 23, NFA is able to
devote resources to other aspects of its require SDs and MSPs to submit those
SUMMARY: The Commodity Futures regulatory mission. notices to NFA under Compliance Rule
Trading Commission (‘‘Commission’’) is CEA Section 4s(f)(1) authorizes the 2–49.
authorizing the National Futures Commission to require SDs and MSPs to NFA has confirmed its willingness to
Association (‘‘NFA’’) to receive, review, perform the functions described herein
17 U.S.C. 12a(10) (2014).
maintain, and serve as the official 27
and Commission staff has made NFA
U.S.C. 21(j) (2014).
custodian of records for notices 3 7 U.S.C. 5(a) (2014).
staff aware of the requirements that
provided by swap dealers (‘‘SDs’’) and 4 7 U.S.C. 21(o) (2014). shall apply to NFA in maintaining these
major swap participants (‘‘MSPs’’) of 5 See, e.g., 48 FR 35158 (Aug. 3, 1983) records. In particular, NFA, its officers,
swap valuation disputes in excess of (introducing brokers and associated persons employees and agents shall ensure the
thereof); 49 FR 39593 (Oct. 9, 1984) (futures confidentiality of those nonpublic
$20 million U.S. dollars (or its commission merchants, commodity pool operators,
equivalent in any other currency), as commodity trading advisors, and associated persons
portions of the Commission’s records
provided in Commission regulation thereof); 51 FR 34490 (Sep. 29, 1986) (floor brokers); furnished to, compiled or maintained by
23.502(c). 58 FR 19657 (Apr. 15, 1993) (floor traders); and 77 NFA, including any reports generated
FR 2708 (Jan. 19, 2012) (swap dealers and major by NFA based on the swap valuation
swap participants).
DATES: Effective Date: March 1, 2016. 6 See 62 FR 52088 (Oct. 6, 1997); 64 FR 29273 dispute notices received by NFA except
(June 1, 1999). as allowed by existing or future
FOR FURTHER INFORMATION CONTACT: Erik 7 See, e.g., 49 FR 39593 (Oct. 9, 1984) (regarding Commission orders or regulations.13 In
F. Remmler, Deputy Director, 202–418– the registration records of future commission
7630, eremmler@cftc.gov, or Brian G. merchants, commodity pool operators, and 97 U.S.C. 6s(f)(1) (2014).
asabaliauskas on DSK9F6TC42PROD with NOTICES
Mulherin, Associate Director, 202–418– commodity trading advisors); 66 FR 43227 (Aug. 17, 10 Commission regulations referred to herein may
2001) (regarding notice registration filings as futures
6622, bmulherin@cftc.gov, Division of commission merchants or introducing brokers); 67
be found at 17 CFR Ch. I (2014).
Swap Dealer and Intermediary FR 77470 (Dec. 18, 2002) (regarding commodity
11 See NFA Notice to Members I–14–22.
12 See NFA Notice to Members I–14–20.
Oversight (‘‘DSIO’’), Commodity Futures pool operator annual financial reports required by
Trading Commission, Three Lafayette regulation 4.22 and 4.7(b)(3)); 75 FR 55310 (Sep. 10, 13 See Performance of Registration Functions by
2010) (regarding the registration records of retail National Futures Association, 49 FR 39593, 39596
Centre, 1155 21st Street NW., foreign exchange dealers); and 77 FR 2708 (Jan. 19, n.23 (Oct. 9, 1984) (‘‘In this regard, NFA shall take
Washington, DC 20581. 2012) (regarding registration records of swap special precautions to protect any information
dealers and major swap participants). which appears in these [ ] records but which, by
SUPPLEMENTARY INFORMATION: 8 See, e.g., 67 FR 77470 (Dec. 18, 2002). its nature, is among the types of information
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![Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Notices 3391
addition, NFA will maintain these be specified by the Commission or the Issued in Washington, DC, on January 14,
records in accordance with the Director of DSIO. 2016, by the Commission.
Commission’s Records Disposition Christopher J. Kirkpatrick,
Schedule. Further, the work of the II. Conclusion and Order Secretary of the Commission.
Commission requires that Commission The Commission has determined, in [FR Doc. 2016–01051 Filed 1–20–16; 8:45 am]
staff have ready electronic access to the accordance with Sections 4s(f)(1), 8a(10) BILLING CODE 6351–01–P
information contained in the documents and 17(o)(1) of the CEA, to authorize
encompassed by this Order. NFA to perform the following functions:
Commission staff will have electronic COMMODITY FUTURES TRADING
access to a database containing the (1) To receive in the form and manner COMMISSION
pertinent information contained in the prescribed by NFA, and conduct
subject filings. Moreover, NFA will reviews of, the notices of swap Agency Information Collection
make physical copies of any of the valuation disputes specified in Activities Under OMB Review
documents encompassed by this Order Regulation 23.502(c), as described
above; and AGENCY: Commodity Futures Trading
available to the Commission,
Commission.
Commission staff, the Department of (2) To maintain and serve as the
Justice, the Securities and Exchange ACTION: Notice.
official custodian of those Commission
Commission, and all applicable records. SUMMARY: In compliance with the
prudential regulators promptly. Paperwork Reduction Act of 1995
In light of NFA’s experience in NFA shall perform these functions in
accordance with the standards (‘‘PRA’’), this notice announces that the
receiving and reviewing disclosure Information Collection Request (‘‘ICR’’)
documents on behalf of the established by the Act and the
regulations and orders promulgated abstracted below has been forwarded to
Commission, the Commission has the Office of Management and Budget
determined to delegate to NFA the thereunder, and shall provide the
Commission with such summaries and (‘‘OMB’’) for review and comment. The
responsibility to receive and review ICR describes the nature of the
notices of swap valuation disputes periodic reports regarding those records
and their contents as the Commission or information collection and its expected
required to be filed pursuant to costs and burden.
Regulation 23.502(c), to provide the the Director of DSIO may determine are
necessary for the effective oversight of DATES: Comments must be submitted on
Commission with such summaries and
periodic reports as the Commission, this program. or before February 22, 2016.
through the Director of DSIO, may ADDRESSES: Comments regarding the
These determinations are based, in
determine are necessary for the effective burden estimated or any other aspect of
part, on the Commission’s authority to the information collection, including
oversight of SDs and MSPs, and to delegate to NFA portions of the
maintain and serve as the official suggestions for reducing the burden,
Commission’s responsibilities under the may be submitted directly to the Office
custodian of records for those CEA, in furtherance of carrying out
documents. This determination is based of Information and Regulatory Affairs
these responsibilities in the most (‘‘OIRA’’) in OMB, within 30 days of the
upon NFA’s representations regarding efficient and cost-effective manner, and
procedures for maintaining and notice’s publication, by email at
upon NFA’s representations concerning OIRAsubmissions@omb.eop.gov. Please
safeguarding all such records. In the standards and procedures to be
maintaining the Commission’s records identify the comments by OMB Control
followed and the reports to be generated No. 3038–0080. Please provide the
pursuant to this Order, NFA shall be in administering these functions.
subject to all other requirements and Commodity Futures Trading
obligations imposed on it by the This Order does not, however, Commission (‘‘CFTC’’ or
Commission in existing or future orders authorize NFA to render ‘‘no-action’’ ‘‘Commission’’) with a copy of all
or regulations. In this regard, NFA shall positions, exemptions or interpretations submitted comments at the address
also implement such additional with respect to applicable disclosure, listed below. Please refer to OMB
procedures (or modify existing reporting, recordkeeping and Reference No. 3038–0080, found on
procedures) as are acceptable to the registration requirements. http://reginfo.gov. Comments may also
Commission and as are necessary and Nothing in this Order or in CEA be mailed to the Office of Information
acceptable to the Commission to Sections 8a(10) or 17(o) shall affect the and Regulatory Affairs, Office of
accomplish the following: Ensure the Commission’s authority to review NFA’s Management and Budget, Attention:
security and integrity of the records in performance of Commission functions Desk Officer for the Commodity Futures
NFA’s custody; facilitate prompt access listed above. Trading Commission, 725 17th Street
to those records by the Commission and NW., Washington, DC 20503, or through
NFA is authorized to perform all the Agency’s Web site at http://
its staff, particularly as described in functions specified herein until such
other Commission orders or rules; comments.cftc.gov. Follow the
time as the Commission orders instructions for submitting comments
facilitate disclosure of public or otherwise. Nothing in this Order shall
nonpublic information in those records through the Web site.
prevent the Commission from exercising Comments may also be mailed to:
when permitted by Commission orders
the authority delegated herein. NFA Christopher Kirkpatrick, Secretary of the
or rules and keep logs as required by the
may submit to the Commission for Commission, Commodity Futures
asabaliauskas on DSK9F6TC42PROD with NOTICES
Commission concerning disclosure of
decision any specific matter regarding Trading Commission, Three Lafayette
nonpublic information; and otherwise
the functions delegated to it, and Centre, 1155 21st Street NW.,
safeguard the confidentiality of the
Commission staff will be available to Washington, DC 20581 or by Hand
records. NFA shall also make such
discuss with NFA staff issues relating to Delivery/Courier at the same address.
reports regarding those notices as shall
the implementation of this Order. A copy of the supporting statements
described in sections 8(a), 8(e), and 8a(6) of the Act,
Nothing in this Order affects the for the collection of information
so that any such information will not be disclosed applicability of any previous Orders discussed above may be obtained by
inadvertently or without authority.’’). issued by the Commission. visiting http://reginfo.gov. All
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Document Created: 2018-02-02 12:34:05
Document Modified: 2018-02-02 12:34:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice and order. | |
| Dates | Effective Date: March 1, 2016. | |
| Contact | Erik F. Remmler, Deputy Director, 202- 418-7630, [email protected], or Brian G. Mulherin, Associate Director, 202-418-6622, [email protected], Division of Swap Dealer and Intermediary Oversight (``DSIO''), Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581. | |
| FR Citation | 81 FR 3390 |
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