81 FR 61147 - Commodity Pool Operator Annual Report

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 81, Issue 172 (September 6, 2016)

Page Range		61147-61148
FR Document		2016-21153

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

Federal Register, Volume 81 Issue 172 (Tuesday, September 6, 2016)

[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Proposed Rules]
[Pages 61147-61148]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21153]


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COMMODITY FUTURES TRADING COMMISSION

17 CFR Part 4

RIN 3038-AE47


Commodity Pool Operator Annual Report

AGENCY: Commodity Futures Trading Commission.

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

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

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

ADDRESSES: You may submit comments, identified by RIN 3038-AE47 and 
``Commodity Pool Operator Annual Report,'' by any of the following 
methods:
     CFTC Web site: http://comments.cftc.gov. Follow the 
instructions for submitting comments through the Comments Online 
process on the Web site.
     Mail: Send to Christopher Kirkpatrick, Secretary of the 
Commission, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1155 21st Street NW., Washington, DC 20581.
     Hand Delivery/Courier: Same as Mail, above.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Please submit your comments using only one of these methods.
    All comments must be submitted in English, or if not, accompanied 
by an English translation. Comments will be posted as received to 
www.cftc.gov. You should submit only information that you wish to make 
available publicly. If you wish the Commission to consider information 
that may be exempt from disclosure under the Freedom of Information Act 
(FOIA), a petition for confidential treatment of the exempt information 
may be submitted according to the procedures established in Commission 
Regulation 145.9.\1\
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    \1\ 17 CFR 145.9 (2016). The Commission's regulations are found 
at 17 CFR Ch. I (2016). They are accessible through the Commission's 
Web site.
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    The Commission reserves the right, but shall have no obligation, to 
review, pre-screen, filter, redact, refuse, or remove any or all of a 
submission from www.cftc.gov that it may deem to be inappropriate for 
publication, such as obscene language. All submissions that have been 
redacted or removed that contain comments on the merits of the 
rulemaking will be retained in the public comment file and will be 
considered as required under the Administrative Procedure Act and other 
applicable laws, and may be accessible under the FOIA.

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

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

[[Page 61148]]

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

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

Appendix to Commodity Pool Operator Annual Report--Commission Voting 
Summary

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

[FR Doc. 2016-21153 Filed 9-2-16; 8:45 am]
 BILLING CODE 6351-01-P

Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Proposed Rules 61147

standard with a highly reproducible Dated: August 26, 2016. you wish to make available publicly. If
measure. Todd A. Stevenson, you wish the Commission to consider
Aside from the clarity of its use as an Secretary, Consumer Product Safety information that may be exempt from
enforcement tool, the APA standard is Commission. disclosure under the Freedom of
[FR Doc. 2016–21014 Filed 9–2–16; 8:45 am] Information Act (FOIA), a petition for
also familiar to industry. Not only does
BILLING CODE 6355–01–P confidential treatment of the exempt
it reflect the work of a voluntary
information may be submitted according
standard development organization in to the procedures established in
which industry members participated, it Commission Regulation 145.9.1
has been incorporated by reference into COMMODITY FUTURES TRADING
The Commission reserves the right,
the Department of Transportation’s COMMISSION
but shall have no obligation, to review,
regulations for the shipment of 17 CFR Part 4 pre-screen, filter, redact, refuse, or
fireworks.8 Under this interpretation, remove any or all of a submission from
CPSC will be testing fireworks devices RIN 3038–AE47 www.cftc.gov that it may deem to be
in line with the APA standard when inappropriate for publication, such as
Commodity Pool Operator Annual obscene language. All submissions that
determining which devices are intended
Report have been redacted or removed that
to produce an audible effect.
AGENCY: Commodity Futures Trading contain comments on the merits of the
B. Interpretive Rule Commission. rulemaking will be retained in the
For the foregoing reasons, the ACTION: Notice of proposed rulemaking; public comment file and will be
extension of comment period. considered as required under the
Commission proposes to interpret the
Administrative Procedure Act and other
phrase ‘‘Fireworks devices intended to
SUMMARY: On August 5, 2016, the applicable laws, and may be accessible
produce audible effects’’ in a manner under the FOIA.
Commodity Futures Trading
consistent with the APA voluntary Commission (Commission or CFTC) FOR FURTHER INFORMATION CONTACT:
standard and DOT regulations. Under published in the Federal Register a Christopher W. Cummings, Special
this interpretation, the Commission will notice of proposed rulemaking Counsel, 202–418–5445, ccummings@
consider the presence in the burst (or (Proposal) to amend certain of its cftc.gov or Barbara S. Gold, Associate
break) charge of a fireworks device of regulations applicable to the Annual Director, 202–418–5441, bgold@cftc.gov,
metallic powder less than 100 mesh in Report that each person registered or Division of Swap Dealer and
particle size to mean that the device is required to be registered as a commodity Intermediary Oversight, Commodity
intended to produce an audible effect. pool operator (CPO) must distribute for Futures Trading Commission, Three
Likewise, if the device lacks such each commodity pool that it operates. Lafayette Centre, 1155 21st Street NW.,
metallic powder, staff will consider it as As is explained below, the Commission Washington, DC 20581.
not intended to produce an audible is extending for two weeks the comment SUPPLEMENTARY INFORMATION: The
effect. This change, as noted above, will period for the Proposal. Proposal concerns certain provisions of
not alter the rule or any party’s DATES: The comment period for the the Annual Report that registered CPOs
obligations under it in any way, but it Proposal published on August 5, 2016, are required to distribute and submit
will allow the Commission to enforce at 81 FR 51828, is extended until under Regulation 4.22. Among other
that rule more efficiently. September 20, 2016. things, it would amend these
ADDRESSES: You may submit comments, provisions: To permit the use of
C. Request for Comment additional alternative generally
identified by RIN 3038–AE47 and
‘‘Commodity Pool Operator Annual accepted accounting principles,
The Commission requests comments
Report,’’ by any of the following standards or practices; to provide for an
on all aspects of the proposed
methods: exemption from the Annual Report
interpretation. In particular, given the audit requirement where the first fiscal
handmade nature of these products, the • CFTC Web site: http://
comments.cftc.gov. Follow the year of a pool consists of a period of
Commission requests comments on three months or less from the date of
whether there should be an allowance instructions for submitting comments
through the Comments Online process formation of the pool; and to clarify that
for contamination at a level that would a CPO must distribute and submit an
not pose an injury hazard to fireworks on the Web site.
• Mail: Send to Christopher audited Annual Report at least once
users or bystanders. We seek comments during the life of the pool. The comment
Kirkpatrick, Secretary of the
to determine whether we can exercise period for the Proposal is due to expire
Commission, Commodity Futures
some flexibility in enforcement. We Trading Commission, Three Lafayette on September 6, 2016.
would not be setting an enforceable Centre, 1155 21st Street NW., By letter dated August 26, 2016, the
contamination allowance but, in an Washington, DC 20581. Managed Funds Association (MFA), a
enforcement proceeding, we may • Hand Delivery/Courier: Same as membership organization representing
consider allowing some contamination Mail, above. many persons who would be affected by
if we receive information supporting the • Federal eRulemaking Portal: http:// the Proposal, requested a two-week
position that inadvertent low level www.regulations.gov. Follow the extension of the comment period for the
sradovich on DSK3GMQ082PROD with PROPOSALS

contamination by these metals can instructions for submitting comments. Proposal, such that, as extended, the
occur in the manufacturing process. comment period would expire on
Please submit your comments using September 20, 2016. In support of its
If so, please provide the CPSC only one of these methods. request, MFA explained that it is
information and data regarding what an All comments must be submitted in drafting comments in response to the
appropriate allowance should be. English, or if not, accompanied by an
English translation. Comments will be 1 17 CFR 145.9 (2016). The Commission’s
posted as received to www.cftc.gov. You regulations are found at 17 CFR Ch. I (2016). They
8 49 CFR 173.65. should submit only information that are accessible through the Commission’s Web site.

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61148 Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Proposed Rules

Commission’s request for comments on ADDRESSES: The docket for this DEPARTMENT OF EDUCATION
the Proposal and, in this regard, is withdrawn rulemaking is available for
seeking to provide comments inspection using the Federal 34 CFR Part 200
representative of the views of its eRulemaking Portal at http://
membership. MFA further explained www.regulations.gov and can be viewed RIN 1810–AB33
that it is finding it challenging to ensure by following that Web site’s [Docket ID ED–2016–OESE–0056]
that its members have adequate time to instructions.
review comments for submission by Title I—Improving the Academic
September 6, 2016, in light of FOR FURTHER INFORMATION CONTACT: If
Achievement of the Disadvantaged—
previously scheduled family-related you have questions about this notice,
Supplement Not Supplant
commitments which find them out-of- call or email Mr. Ronald Houck,
office during the last two weeks of Waterways Management Division, U.S. AGENCY: Office of Elementary and
August. Coast Guard Sector Maryland-National Secondary Education, Department of
In light of the foregoing, and in Capital Region; telephone 410–576– Education.
response to the MFA request, by this 2674, email Ronald.L.Houck@uscg.mil. ACTION: Notice of proposed rulemaking.
Federal Register release the SUPPLEMENTARY INFORMATION:
Commission is extending the comment SUMMARY: The Secretary proposes to
period for the Proposal for two weeks, Background establish regulations governing
until September 20, 2016. programs administered under title I,
On July 27, 2016, we published a part A of the Elementary and Secondary
Issued in Washington, DC, on August 30, notice of proposed rulemaking entitled
2016, by the Commission.
Education Act of 1965 (ESEA), as
‘‘Special Local Regulation; Little amended by the Every Student Succeeds
Christopher J. Kirkpatrick, Annemessex River and Somers Cove, Act (ESSA). These proposed regulations
Secretary of the Commission. Crisfield, MD’’ in the Federal Register are needed to implement recent changes
Appendix to Commodity Pool Operator (81 FR 17774). The rulemaking made by the ESSA to the supplement
Annual Report—Commission Voting concerned the Coast Guard’s proposal to not supplant requirement of title I, part
Summary establish temporary special local A of the ESEA. Unless otherwise
regulations on specified waters of Little specified, references to the ESEA mean
On this matter, Chairman Massad and Annemessex River and Somers Cove at
Commissioners Bowen and Giancarlo voted
the ESEA, as amended by the ESSA.
in the affirmative. No Commissioner voted in
Crisfield, MD, effective from 5:30 a.m. DATES: We must receive your comments
the negative. on September 17, 2016 until 10 a.m. on on or before November 7, 2016.
September 18, 2016. The regulated area
[FR Doc. 2016–21153 Filed 9–2–16; 8:45 am] ADDRESSES: Submit your comments
included all navigable waters of the
BILLING CODE 6351–01–P through the Federal eRulemaking Portal
Little Annemessex River and Somers
or via postal mail, commercial delivery,
Cove, from shoreline to shoreline,
or hand delivery. We will not accept
bounded to the north by a line drawn
DEPARTMENT OF HOMELAND comments submitted by fax or by email
from the eastern shoreline of Janes
SECURITY or those submitted after the comment
Island at latitude 37°58′39″ N.,
period. To ensure that we do not receive
longitude 075°52′05″ W., and thence
Coast Guard duplicate copies, please submit your
eastward to the Crisfield City Dock at
comments only once. In addition, please
latitude 37°58′39″ N., longitude
33 CFR Part 100 include the Docket ID at the top of your
075°51′50″ W., and bounded to the
comments.
south by a line drawn from Long Point
[Docket No. USCG–2016–0500] • Federal eRulemaking Portal: Go to
on Janes Island at latitude 37°58′12″ N.,
www.regulations.gov to submit your
RIN 1625—AA08 longitude 075°52′42″ W., and thence
comments electronically. Information
eastward to Hammock Point at latitude
Special Local Regulation; Little on using Regulations.gov, including
37°57′58″ N., longitude 075°51′58″ W.,
Annemessex River and Somers Cove, instructions for accessing agency
located at Crisfield, MD. The regulations
Crisfield, MD documents, submitting comments, and
were needed to temporarily restrict
viewing the docket, is available on the
AGENCY: Coast Guard, DHS. vessel traffic during the event to provide
site under ‘‘How to use
for the safety of participants, spectators
ACTION: Proposed rule; withdrawal. Regulations.gov.’’
and other transiting vessels.
• Postal Mail, Commercial Delivery,
SUMMARY: The Coast Guard is Withdrawal or Hand Delivery: If you mail or deliver
withdrawing its proposed rule your comments about these proposed
concerning amendments to the regattas The Coast Guard is withdrawing this regulations, address them to James
and marine parades regulations. The rulemaking because the event has been Butler, U.S. Department of Education,
rulemaking was initiated to establish cancelled. 400 Maryland Avenue SW., Room
special local regulations during the 3W246, Washington, DC 20202.
swim segment of the ‘‘Crisfield CrabMan Authority
Privacy Note: The Department’s
Triathlon,’’ a marine event to be held on We issue this notice of withdrawal policy is to make all comments received
sradovich on DSK3GMQ082PROD with PROPOSALS

the waters of the Little Annemessex under the authority of 33 U.S.C. 1233. from members of the public available for
River and Somers Cove in Somerset public viewing in their entirety on the
County at Crisfield, MD on September Dated: August 24, 2016.
Federal eRulemaking Portal at
17, 2016. The Coast Guard was notified Lonnie P. Harrison, Jr., www.regulations.gov. Therefore,
on July 25, 2016 that the event had been Captain, U.S. Coast Guard, Captain of the commenters should be careful to
cancelled. Port Maryland-National Capital Region. include in their comments only
DATES: The proposed rule is withdrawn [FR Doc. 2016–21173 Filed 9–2–16; 8:45 am] information that they wish to make
on September 6, 2016. BILLING CODE 9110–04–P publicly available.

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Document Created: 2018-02-09 12:04:11
Document Modified: 2018-02-09 12:04:11

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		Proposed Rules
Action		Notice of proposed rulemaking; extension of comment period.
Dates		The comment period for the Proposal published on August 5, 2016, at 81 FR 51828, is extended until September 20, 2016.
Contact		Christopher W. Cummings, Special Counsel, 202-418-5445, [email protected] or Barbara S. Gold, Associate Director, 202-418-5441, [email protected], Division of Swap Dealer and Intermediary Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581.
FR Citation		81 FR 61147
RIN Number		3038-AE47