82 FR 21494 - Project KISS

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 82, Issue 88 (May 9, 2017)

Page Range		21494-21495
FR Document		2017-09318

In order to reduce regulatory burdens and costs in the markets that the Commodity Futures Trading Commission (``Commission'' or ``CFTC'') oversees, the Commission is seeking suggestions from the public about how the Commission's existing rules, regulations, or practices could be applied in a simpler, less burdensome, and less costly manner.

Federal Register, Volume 82 Issue 88 (Tuesday, May 9, 2017)

[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Proposed Rules]
[Pages 21494-21495]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09318]


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COMMODITY FUTURES TRADING COMMISSION

17 CFR Chapter I

RIN 3038-AE55


Project KISS

AGENCY: Commodity Futures Trading Commission.

ACTION: Request for Information.

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SUMMARY: In order to reduce regulatory burdens and costs in the markets 
that the Commodity Futures Trading Commission (``Commission'' or 
``CFTC'') oversees, the Commission is seeking suggestions from the 
public about how the Commission's existing rules, regulations, or 
practices could be applied in a simpler, less burdensome, and less 
costly manner.

DATES: Suggestions must be received on or before September 30, 2017.

ADDRESSES: You may submit suggestions, identified by RIN number 3038-
AE55, by any of the following methods:
     The agency's Web site, at http://comments.cftc.gov. Follow 
the instructions for submitting a Project KISS suggestion through the 
Public Comment Form.
     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.
    Please submit your suggestions using only one method.

FOR FURTHER INFORMATION CONTACT: Michael Gill, Regulatory Reform 
Officer, (202) 418-5713, [email protected], Commodity Futures Trading 
Commission, Three Lafayette Centre, 1151 21st Street NW., Washington, 
DC 20581; or [email protected].

SUPPLEMENTARY INFORMATION: On February 24, 2017, President Donald J. 
Trump issued Executive Order 13777: Enforcing the Regulatory Reform 
Agenda (``E.O. 13777''). E.O. 13777 directs federal agencies, among 
other things, to designate a Regulatory Reform Officer and establish a 
Regulatory Reform Task Force. Although the CFTC, as an independent 
federal agency,\1\ is not bound by E.O. 13777, the Commission is 
nevertheless commencing an agency-wide review of its rules, 
regulations, and practices to make them simpler, less burdensome, and 
less costly. This initiative is called Project KISS, which stands for 
``Keep It Simple Stupid.'' \2\ In support of these efforts, the 
Commission has approved the solicitation of suggestions from the public 
regarding how the Commission's existing rules, regulations, or 
practices could be applied in a simpler, less burdensome, and less 
costly manner. The public may submit Project KISS suggestions through 
the Public Comment Form on the Commission's Web site, at http://comments.cftc.gov.
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    \1\ Independent federal agencies exist outside of the federal 
executive departments headed by a Cabinet secretary and the 
Executive Office of the President. See Humphrey's Executor v. United 
States, 295 U.S. 602 (1935); 5 U.S.C. 104.
    \2\ See Remarks of Acting Chairman J. Christopher Giancarlo 
before the 42nd Annual International Futures Industry Conference in 
Boca Raton, FL, Mar. 15, 2017, available at http://www.cftc.gov/PressRoom/SpeechesTestimony/opagiancarlo-20.
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    The Commission is not asking the public to identify rules for 
revocation, suspension, annulment, withdrawal, limitation, amendment, 
modification, conditioning or repeal. The submission of a Project KISS 
suggestion will not constitute a petition for issuance, amendment, or 
repeal of a rule pursuant to Sec.  13.2 of the Commission's 
regulations,\3\ nor will it constitute a request for an exemptive, no-
action, or interpretive letter pursuant to Sec.  140.99 of the 
Commission's regulations.\4\ The Commission will treat Project KISS 
suggestions like the Commission treats other correspondence that it 
receives. Submission of a Project KISS suggestion may not result in 
Commission action.
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    \3\ 17 CFR 13.2.
    \4\ 17 CFR 140.99.
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    All suggestions must be submitted in English, or if not, 
accompanied by an English translation. Suggestions 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 to submit 
information that you believe is exempt from disclosure under the 
Freedom of Information Act in your suggestion(s), please submit your 
suggestion(s) via Mail or Hand Delivery/Courier and also submit a 
petition for confidential treatment of the exempt information according 
to the procedures established in Sec.  145.9 of the Commission's 
regulations.\5\
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    \5\ 17 CFR 145.9.

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[[Page 21495]]

    The Commission reserves the right, but shall have no obligation, to 
review, pre-screen, filter, redact, refuse or remove any or all of your 
suggestion(s) from http://www.cftc.gov that it may deem to be 
inappropriate for publication, such as a suggestion containing obscene 
language. Any suggestions that contain comments on the merits of an 
outstanding proposed rulemaking will be retained in the public comment 
file for that rulemaking and considered as required under the 
Administrative Procedure Act and other applicable laws. All suggestions 
that have been redacted or removed that contain comments on the merits 
of an outstanding proposed 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 
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accessible under the Freedom of Information Act.

    Issued in Washington, DC, on May 3, 2017, by the Commission.
Robert N. Sidman,
Deputy Secretary of the Commission.

Appendix to Project KISS--Commission Voting Summary

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

[FR Doc. 2017-09318 Filed 5-8-17; 8:45 am]
 BILLING CODE 6351-01-P

21494 Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Proposed Rules

203(m)–1 under the authority set forth management for purposes of this things, to designate a Regulatory Reform
in sections 211(a) and 203(m) of the section. Officer and establish a Regulatory
Advisers Act (15 U.S.C. 80b–11(a) and * * * * * Reform Task Force. Although the CFTC,
80b–3(m), respectively). as an independent federal agency,1 is
By the Commission.
not bound by E.O. 13777, the
List of Subjects in 17 CFR Part 275 Dated: May 3, 2017. Commission is nevertheless
Reporting and recordkeeping Brent J. Fields, commencing an agency-wide review of
requirements; Securities. Secretary. its rules, regulations, and practices to
[FR Doc. 2017–09334 Filed 5–8–17; 8:45 am] make them simpler, less burdensome,
VIII. Text of Proposed Rule
BILLING CODE 8011–01–P and less costly. This initiative is called
Amendments
Project KISS, which stands for ‘‘Keep It
For the reasons set forth in the Simple Stupid.’’ 2 In support of these
preamble, the Commission proposes to COMMODITY FUTURES TRADING efforts, the Commission has approved
amend Title 17, Chapter II of the Code COMMISSION the solicitation of suggestions from the
of Federal Regulations as follows. public regarding how the Commission’s
17 CFR Chapter I existing rules, regulations, or practices
PART 275—RULES AND could be applied in a simpler, less
REGULATIONS, INVESTMENT RIN 3038–AE55
burdensome, and less costly manner.
ADVISERS ACT OF 1940 The public may submit Project KISS
Project KISS
suggestions through the Public
■ 1. The authority citation for part 275 AGENCY: Commodity Futures Trading Comment Form on the Commission’s
continues to read, in part, as follows: Commission. Web site, at http://comments.cftc.gov.
Authority: 15 U.S.C. 80b–2(a)(11)(G), 80b– ACTION: Request for Information. The Commission is not asking the
2(a)(11)(H), 80b–2(a)(17), 80b–3, 80b–4, 80b– public to identify rules for revocation,
4a, 80b–6(4), 80b–6a, and 80b–11, unless SUMMARY: In order to reduce regulatory suspension, annulment, withdrawal,
otherwise noted. burdens and costs in the markets that limitation, amendment, modification,
* * * * * the Commodity Futures Trading conditioning or repeal. The submission
■ 2. Amend section 275.203(l)–1 by Commission (‘‘Commission’’ or of a Project KISS suggestion will not
revising the introductory text to ‘‘CFTC’’) oversees, the Commission is constitute a petition for issuance,
paragraph (a) to read as follows: seeking suggestions from the public amendment, or repeal of a rule pursuant
about how the Commission’s existing to § 13.2 of the Commission’s
§ 275.203(l)–1 Venture capital fund rules, regulations, or practices could be regulations,3 nor will it constitute a
defined.
applied in a simpler, less burdensome, request for an exemptive, no-action, or
(a) Venture capital fund defined.– For and less costly manner. interpretive letter pursuant to § 140.99
purposes of section 203(l) of the Act (15. DATES: Suggestions must be received on of the Commission’s regulations.4 The
U.S.C. 80b–3(l)), a venture capital fund or before September 30, 2017. Commission will treat Project KISS
is any entity described in subparagraph suggestions like the Commission treats
ADDRESSES: You may submit
(A), (B), or (C) of section 203(b)(7) of the other correspondence that it receives.
Act (15 U.S.C. 80b–3(b)(7)) (other than suggestions, identified by RIN number
3038–AE55, by any of the following Submission of a Project KISS suggestion
an entity that has elected to be regulated may not result in Commission action.
or is regulated as a business methods:
• The agency’s Web site, at http:// All suggestions must be submitted in
development company pursuant to English, or if not, accompanied by an
section 54 of the Investment Company comments.cftc.gov. Follow the
English translation. Suggestions will be
Act of 1940 (15 U.S.C. 80a–53)) or any instructions for submitting a Project
posted as received to http://
private fund that: KISS suggestion through the Public
www.cftc.gov. You should submit only
Comment Form.
* * * * * information that you wish to make
• Mail: Christopher Kirkpatrick,
■ 3. Amend section 275.203(m)–1 by available publicly. If you wish to submit
Secretary of the Commission,
revising paragraph (d)(1) to read as information that you believe is exempt
Commodity Futures Trading
follows: from disclosure under the Freedom of
Commission, Three Lafayette Centre,
Information Act in your suggestion(s),
§ 275.203(m)–1 Private fund adviser 1155 21st Street NW., Washington, DC
please submit your suggestion(s) via
exemption. 20581.
Mail or Hand Delivery/Courier and also
* * * * * • Hand Delivery/Courier: Same as
submit a petition for confidential
(d) * * * Mail above.
treatment of the exempt information
(1) Assets under management means Please submit your suggestions using
according to the procedures established
the regulatory assets under management only one method.
in § 145.9 of the Commission’s
as determined under Item 5.F of Form FOR FURTHER INFORMATION CONTACT: regulations.5
ADV (§ 279.1 of this chapter) except that Michael Gill, Regulatory Reform Officer,
the regulatory assets under management (202) 418–5713, mgill@cftc.gov, 1 Independent federal agencies exist outside of

attributable to a private fund that is an Commodity Futures Trading the federal executive departments headed by a
Commission, Three Lafayette Centre, Cabinet secretary and the Executive Office of the
entity described in subparagraph (A), President. See Humphrey’s Executor v. United
nlaroche on DSK30NT082PROD with PROPOSALS

(B), or (C) of section 203(b)(7) of the Act 1151 21st Street NW., Washington, DC States, 295 U.S. 602 (1935); 5 U.S.C. 104.
(15 U.S.C. 80b–3(b)(7)) (other than an 20581; or KISS@cftc.gov. 2 See Remarks of Acting Chairman J. Christopher

entity that has elected to be regulated or SUPPLEMENTARY INFORMATION: On Giancarlo before the 42nd Annual International
is regulated as a business development February 24, 2017, President Donald J. Futures Industry Conference in Boca Raton, FL,
Mar. 15, 2017, available at http://www.cftc.gov/
company pursuant to section 54 of the Trump issued Executive Order 13777: PressRoom/SpeechesTestimony/opagiancarlo-20.
Investment Company Act of 1940 (15 Enforcing the Regulatory Reform 3 17 CFR 13.2.

U.S.C. 80a–53)) shall be excluded from Agenda (‘‘E.O. 13777’’). E.O. 13777 4 17 CFR 140.99.

the definition of assets under directs federal agencies, among other 5 17 CFR 145.9.

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Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Proposed Rules 21495

The Commission reserves the right, order to expedite public notification of This rulemaking would remove, add,
but shall have no obligation, to review, events and ensure the protection of the and consolidate regulations to better
pre-screen, filter, redact, refuse or maritime public from hazards associated meet the Coast Guard’s intended
remove any or all of your suggestion(s) with the annual events. We invite your purpose of ensuring safety during these
from http://www.cftc.gov that it may comments on this proposed rulemaking. events. The Coast Guard proposes this
deem to be inappropriate for DATES: Comments and related material rulemaking under authority in 33 U.S.C.
publication, such as a suggestion must be received by the Coast Guard on 1231 and 1233.
containing obscene language. Any or before June 8, 2017. III. Discussion of Proposed Rule
suggestions that contain comments on ADDRESSES: You may submit comments
the merits of an outstanding proposed identified by docket number USCG– The Coast Guard proposes to revise
rulemaking will be retained in the 2017–0224 using the Federal and rename 33 CFR 100.1302 to cover
public comment file for that rulemaking eRulemaking Portal at http:// marine events within the Captain of the
and considered as required under the www.regulations.gov. See the ‘‘Public Port Zone Columbia River. We also
Administrative Procedure Act and other Participation and Request for propose to remove §§ 100.1303 (Annual
applicable laws. All suggestions that Comments’’ portion of the Kennewick, Washington, Columbia
have been redacted or removed that SUPPLEMENTARY INFORMATION section for
Unlimited Hydroplane Races), 100.1305
contain comments on the merits of an further instructions on submitting (Richland, Washington, west coast
outstanding proposed rulemaking will comments. outboard championship hydro races),
be retained in the public comment file 165.1341 (Portland Dragon Boat Races,
FOR FURTHER INFORMATION CONTACT: If Portland, OR), and 165.1342 (Annual
and will be considered as required you have questions on this rule, call or
under the Administrative Procedure Act Roy Webster Cross-Channel Swim,
email LCDR Laura Springer, Waterways Columbia River, Hood River, OR).
and other applicable laws, and may be Management Division, Marine Safety These proposed changes will convert
accessible under the Freedom of Unit Portland, Coast Guard; telephone two existing safety zones (those
Information Act. 503–240–9319, email msupdxwwm@ currently in §§ 165.1341 and 165.1342)
Issued in Washington, DC, on May 3, 2017, uscg.mil. and temporary safety zones established
by the Commission. annually for four events (The Big Float,
SUPPLEMENTARY INFORMATION:
Robert N. Sidman, Swim the Snake, Richland Regatta, and
Deputy Secretary of the Commission. I. Table of Abbreviations Columbia Crossing) into regulated areas
Appendix to Project KISS—Commission in § 100.1302. This is intended to
CFR Code of Federal Regulations
Voting Summary DHS Department of Homeland Security consolidate and simplify our existing
FR Federal Register special local regulations. We are
On this matter, Acting Chairman Giancarlo NPRM Notice of proposed rulemaking removing the West Coast Outboard
and Commissioner Bowen voted in the § Section Championship Hydro races regulations
affirmative. No Commissioner voted in the U.S.C. United States Code in § 100.1305 because that race has not
negative.
been held for a number of years.
[FR Doc. 2017–09318 Filed 5–8–17; 8:45 am] II. Background, Purpose, and Legal By establishing a single permanent
BILLING CODE 6351–01–P Basis regulation containing these events, the
Swim events and marine events are Coast Guard will eliminate the need to
held on an recurring basis on the establish temporary rules for events that
DEPARTMENT OF HOMELAND navigable waters within the Coast Guard occur on an annual basis. This provides
SECURITY COTP Columbia River Zone. In the past, opportunity for the public to comment
the Coast Guard established special while limiting the unnecessary burden
Coast Guard local regulations with regulated areas of continually establishing temporary
and safety zones for these recurring rules every year.
33 CFR Part 100 and 165 events on a case by case basis to ensure Additionally, this rule proposes to
[Docket Number USCG–2017–0224] the protection of the maritime public reorganize and consolidate existing
and event participants from the hazards Sector Columbia River COTP Zone
RIN 1625–AA08, AA00 associated with these events. The Coast marine event regulations in 33 CFR part
Guard has not received public 100 and marine event safety zones
Special Local Regulations; Safety under 33 CFR part 165. This action will
comments or concerns regarding the
Zones; Recurring Marine Events in eliminate the burden and confusion
impact to waterway traffic from these
Sector Columbia River caused by the current configuration of
annually recurring events.
AGENCY: Coast Guard, DHS. This proposed rule would numerous individual regulations spread
ACTION: Notice of proposed rulemaking. consistently apprise the public in a across two CFR parts.
timely manner through permanent As large numbers of spectator vessels
SUMMARY: The Coast Guard proposes to publication in Title 33 of the Code of and marine traffic are expected to
establish a special local regulation in Federal Regulations. The table in this congregate around the event location,
the Coast Guard Captain of the Port proposed rule would list each annual the regulated areas are needed to protect
Columbia River Zone for recurring recurring event requiring a regulated both spectators and participants from
marine events. During the recurring area as administered by the Coast the safety hazards associated with the
nlaroche on DSK30NT082PROD with PROPOSALS

events, these regulated areas would be Guard. event. During the enforcement period of
activated and would restrict vessels By establishing permanent regulations the regulated areas, persons and vessels
from portions of the waterway. These containing these events the Coast Guard would be prohibited from entering,
events were previously published as would eliminate the need to establish transiting through, remaining, anchoring
safety zones, temporary safety zones or temporary rules for events that occur on or mooring within the zone unless
individual regulated areas and have an annual basis and thereby limit the specifically authorized by the COTP or
been revised and consolidated into a costs associated with cumulative the designated representative. The Coast
single as special local regulation in regulations. Guard may be assisted by other Federal,

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Document Created: 2018-11-08 08:41:11
Document Modified: 2018-11-08 08:41:11

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		Request for Information.
Dates		Suggestions must be received on or before September 30, 2017.
Contact		Michael Gill, Regulatory Reform Officer, (202) 418-5713, [email protected], Commodity Futures Trading Commission, Three Lafayette Centre, 1151 21st Street NW., Washington, DC 20581; or [email protected]
FR Citation		82 FR 21494
RIN Number		3038-AE55