82_FR_23864 82 FR 23765 - Project KISS

82 FR 23765 - Project KISS

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 82, Issue 99 (May 24, 2017)

Page Range23765-23766
FR Document2017-10622

This is a correction to a Request for Information published by the Commodity Futures Trading Commission (``Commission'' or ``CFTC'') in the Federal Register of May 9, 2017 regarding the submission by the public of suggestions about how the Commission's existing rules, regulations, or practices could be applied in a simpler, less burdensome, and less costly manner. This correction changes the web address to which suggestions may be submitted. The incorrect web address appeared in two places in the original document. To avoid any confusion and to ensure the public has all necessary information in one place, the Request for Information is being republished in full with the corrected web address.

Federal Register, Volume 82 Issue 99 (Wednesday, May 24, 2017)
[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Proposed Rules]
[Pages 23765-23766]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10622]


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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; Correction.

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SUMMARY: This is a correction to a Request for Information published by 
the Commodity Futures Trading Commission (``Commission'' or ``CFTC'') 
in the Federal Register of May 9, 2017 regarding the submission by the 
public of suggestions about how the Commission's existing rules, 
regulations, or practices could be applied in a simpler, less 
burdensome, and less costly manner. This correction changes the web 
address to which suggestions may be submitted. The incorrect web 
address appeared in two places in the original document. To avoid any 
confusion and to ensure the public has all necessary information in one 
place, the Request for Information is being republished in full with 
the corrected web address.

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 www.cftc.gov/projectkiss. 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 (``EO 13777''). EO 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 EO 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

[[Page 23766]]

Commission's Web site, at www.cftc.gov/projectkiss.
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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.
---------------------------------------------------------------------------

    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 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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    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 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 accessible under 
the Freedom of Information Act.

    Dated: May 19, 2017.
Christopher J. Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2017-10622 Filed 5-23-17; 8:45 am]
 BILLING CODE 6351-01-P



                                                                           Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Proposed Rules                                                   23765

                                                    divestiture specified in paragraphs (e)                 § 5601.104 Prohibited outside                         one place, the Request for Information is
                                                    through (f) of this section.                            employment.                                           being republished in full with the
                                                       (3) Disqualification pending                           An employee shall not engage in                     corrected web address.
                                                    divestiture. Pending divestiture of                     outside employment, either on a paid or               DATES: Suggestions must be received on
                                                    prohibited securities, an employee must                 unpaid basis, with or for an entity on                or before September 30, 2017.
                                                    disqualify himself or herself, in                       the prohibited securities list described
                                                    accordance with § 2635.402 of this title,               in § 5601.102(b)(1)(i)–(b)(1)(vi).                    ADDRESSES: You may submit
                                                    from participation in particular matters                                                                      suggestions, identified by RIN number
                                                    which, as a result of continued                         § 5601.105 Prior approval for outside                 3038–AE55, by any of the following
                                                                                                            employment.                                           methods:
                                                    ownership of the prohibited securities,
                                                    would affect the financial interests of                   (a) Prior approval for outside                        • The agency’s Web site, at
                                                    the employee, or those of the spouse or                 employment. An employee who wishes                    www.cftc.gov/projectkiss. Follow the
                                                    dependent child of the employee.                        to engage in outside employment, either               instructions for submitting a Project
                                                       (g) Waivers. The DAEO may grant a                    on a paid or unpaid basis, shall obtain               KISS suggestion through the Public
                                                    written waiver from this section based                  the prior written approval of the DAEO.               Comment Form.
                                                    on a determination that the waiver is                   A request for such approval shall be                    • Mail: Christopher Kirkpatrick,
                                                    not inconsistent with 5 CFR part 2635                   submitted in writing with sufficient                  Secretary of the Commission,
                                                    of this title or otherwise prohibited by                description of the employment to enable               Commodity Futures Trading
                                                    law and that, under the particular                      the DAEO to give approval based on an                 Commission, Three Lafayette Centre,
                                                    circumstances, application of the                       informed determination that the outside               1155 21st Street, NW., Washington, DC
                                                    prohibition is not necessary to avoid the               employment is not expected to involve                 20581.
                                                    appearance of an employee’s misuse of                   conduct prohibited by statute or Federal                • Hand Delivery/Courier: Same as
                                                    position or loss of impartiality, or to                 regulation, including paragraph (a) of                Mail, above.
                                                    otherwise ensure confidence in the                      this section and part 2635 of this title.
                                                                                                            The DAEO shall provide a copy of any                  Please submit your suggestions using
                                                    impartiality and objectivity with which
                                                                                                            written approvals for outside                         only one method.
                                                    the Commission’s programs are
                                                    administered, or in the case of a special               employment to the employee’s                          FOR FURTHER INFORMATION CONTACT:
                                                    Government employee, divestiture                        supervisor.                                           Michael Gill, Regulatory Reform Officer,
                                                    would result in substantial financial                     (b) Scope of approval. An employee                  (202) 418–5713, mgill@cftc.gov,
                                                    hardship. A waiver under this                           must submit a new request for approval                Commodity Futures Trading
                                                    paragraph must be in writing and may                    upon either a significant change in the               Commission, Three Lafayette Centre,
                                                    impose conditions, such as requiring                    nature or scope of the outside                        1151 21st Street NW., Washington, DC
                                                    execution of a written disqualification.                employment or a change in the                         20581; or KISS@cftc.gov.
                                                                                                            employee’s Commission position or                     SUPPLEMENTARY INFORMATION: On
                                                    § 5601.103 Notice of disqualification when              assigned responsibilities.
                                                    seeking employment.                                                                                           February 24, 2017, President Donald J.
                                                                                                            [FR Doc. 2017–10613 Filed 5–23–17; 8:45 am]           Trump issued Executive Order 13777:
                                                       (a) An employee who has been
                                                                                                            BILLING CODE 7710–FW–P                                Enforcing the Regulatory Reform
                                                    assigned to or is supervising work on a
                                                                                                                                                                  Agenda (‘‘EO 13777’’). EO 13777 directs
                                                    particular matter that affects the
                                                                                                                                                                  federal agencies, among other things, to
                                                    financial interests of a prospective
                                                                                                            COMMODITY FUTURES TRADING                             designate a Regulatory Reform Officer
                                                    employer and who is required, in
                                                                                                            COMMISSION                                            and establish a Regulatory Reform Task
                                                    accordance with § 2635.604(a) of this
                                                                                                                                                                  Force. Although the CFTC, as an
                                                    title, to disqualify himself or herself                 17 CFR Chapter I                                      independent federal agency,1 is not
                                                    from participation in that matter shall
                                                                                                            RIN 3038–AE55                                         bound by EO 13777, the Commission is
                                                    provide written notice of
                                                                                                                                                                  nevertheless commencing an agency-
                                                    disqualification to the DAEO within 3
                                                                                                            Project KISS                                          wide review of its rules, regulations,
                                                    business days. The DAEO shall inform
                                                                                                                                                                  and practices to make them simpler, less
                                                    the employee’s supervisor that the                      AGENCY:  Commodity Futures Trading                    burdensome, and less costly. This
                                                    employee is disqualified from the                       Commission.                                           initiative is called Project KISS, which
                                                    matter. Public filers must comply with                  ACTION: Request for Information;                      stands for ‘‘Keep It Simple Stupid.’’ 2 In
                                                    the notification requirements set forth in              Correction.                                           support of these efforts, the Commission
                                                    § 2635.607 of this title even when not
                                                                                                            SUMMARY: This is a correction to a
                                                                                                                                                                  has approved the solicitation of
                                                    required to disqualify from participation
                                                                                                            Request for Information published by                  suggestions from the public regarding
                                                    in a particular matter. Employees who
                                                                                                            the Commodity Futures Trading                         how the Commission’s existing rules,
                                                    file a notification statement in
                                                                                                            Commission (‘‘Commission’’ or                         regulations, or practices could be
                                                    compliance with § 2635.607 of this title
                                                                                                            ‘‘CFTC’’) in the Federal Register of May              applied in a simpler, less burdensome,
                                                    are not required to file a separate notice
                                                                                                            9, 2017 regarding the submission by the               and less costly manner. The public may
                                                    under this section.
                                                       (b) An employee may withdraw                         public of suggestions about how the                   submit Project KISS suggestions through
                                                    written notice under paragraph (a) of                   Commission’s existing rules,                          the Public Comment Form on the
                                                    this section upon determining that                      regulations, or practices could be
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                                                                                                                                                                    1 Independent federal agencies exist outside of
                                                    disqualification from participation in                  applied in a simpler, less burdensome,
                                                                                                                                                                  the federal executive departments headed by a
                                                    the matter is no longer required. A                     and less costly manner. This correction               Cabinet secretary and the Executive Office of the
                                                    withdrawal of disqualification shall be                 changes the web address to which                      President. See Humphrey’s Executor v. United
                                                    in writing and shall be provided to the                 suggestions may be submitted. The                     States, 295 U.S. 602 (1935); 5 U.S.C. 104.
                                                                                                                                                                    2 See Remarks of Acting Chairman J. Christopher
                                                    DAEO. The DAEO shall inform the                         incorrect web address appeared in two
                                                                                                                                                                  Giancarlo before the 42nd Annual International
                                                    employee’s supervisor that the                          places in the original document. To                   Futures Industry Conference in Boca Raton, FL,
                                                    employee is no longer disqualified from                 avoid any confusion and to ensure the                 Mar. 15, 2017, available at http://www.cftc.gov/
                                                    the matter.                                             public has all necessary information in               PressRoom/SpeechesTestimony/opagiancarlo-20.



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                                                    23766                  Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Proposed Rules

                                                    Commission’s Web site, at                                 Dated: May 19, 2017.                                interactions with the Postal Service
                                                    www.cftc.gov/projectkiss.                               Christopher J. Kirkpatrick,                           substantially the same as if those
                                                       The Commission is not asking the                     Secretary of the Commission.                          interactions were with entities that are
                                                    public to identify rules for revocation,                [FR Doc. 2017–10622 Filed 5–23–17; 8:45 am]           not part of the federal government.
                                                    suspension, annulment, withdrawal,                      BILLING CODE 6351–01–P                                II. Background
                                                    limitation, amendment, modification,
                                                                                                                                                                  A. The Existing 39 CFR Subpart A of
                                                    conditioning or repeal. The submission
                                                                                                            POSTAL REGULATORY COMMISSION                          Part 3000
                                                    of a Project KISS suggestion will not
                                                    constitute a petition for issuance,                                                                              The ethics rules contained in 39 CFR
                                                                                                            39 CFR Part 3000                                      subpart A of part 3000 were adopted in
                                                    amendment, or repeal of a rule pursuant
                                                    to § 13.2 of the Commission’s                           [Docket No. RM2017–4; Order No. 3907]                 a 1971 rulemaking, in which the Civil
                                                    regulations,3 nor will it constitute a                                                                        Service Commission promulgated
                                                    request for an exemptive, no-action, or                 Supplemental Standards of Ethical                     employee conduct regulations on the
                                                    interpretive letter pursuant to § 140.99                Conduct                                               Commission’s behalf.2 In 1993, the
                                                    of the Commission’s regulations.4 The                                                                         Commission collaborated with OGE to
                                                                                                            AGENCY:    Postal Regulatory Commission.
                                                                                                                                                                  revise the Commission’s ethics rules in
                                                    Commission will treat Project KISS                      ACTION:   Proposed rulemaking.                        39 CFR subpart A of part 3000. The
                                                    suggestions like the Commission treats
                                                                                                            SUMMARY: The Commission proposes to                   ethics rules in 39 CFR subpart A of part
                                                    other correspondence that it receives.                                                                        3000 retained ‘‘those portions of the
                                                    Submission of a Project KISS suggestion                 delete its existing ethics rules to avoid
                                                                                                            duplication and those changes proposed                current standards of conduct not
                                                    may not result in Commission action.                                                                          superseded by [OGE’s] amendments to
                                                                                                            to by the Commission with the
                                                       All suggestions must be submitted in                 concurrence of the Office of                          title 5 of the Code of Federal
                                                    English, or if not, accompanied by an                   Government Ethics.                                    Regulations and incorporate[d]
                                                    English translation. Suggestions will be                DATES: Comments are due: June 23,
                                                                                                                                                                  provisions of the Supplemental
                                                    posted as received to www.cftc.gov. You                 2017.                                                 Standards of Ethical Conduct for
                                                    should submit only information that                                                                           Employees of the Postal Rate
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      Commission issued in 5 CFR part 5601
                                                    you wish to make available publicly. If
                                                                                                            David A. Trissell, General Counsel, at                with the concurrence of [OGE].’’ 3 The
                                                    you wish to submit information that you
                                                                                                            202–789–6820.                                         Commission amended the ethics rules
                                                    believe is exempt from disclosure under
                                                                                                            SUPPLEMENTARY INFORMATION:                            in 2001 to eliminate a redundant
                                                    the Freedom of Information Act in your
                                                    suggestion(s), please submit your                       Table of Contents                                     provision.4
                                                    suggestion(s) via Mail or Hand Delivery/                                                                         In 2006, the PAEA made several
                                                                                                            I. Introduction                                       changes to the Commission’s regulatory
                                                    Courier and also submit a petition for                  II. Background
                                                    confidential treatment of the exempt                                                                          role. Specifically, the PAEA eliminated
                                                                                                            III. Summary of the Proposed Regulatory
                                                                                                                                                                  the responsibility to adjudicate omnibus
                                                    information according to the procedures                       Changes
                                                                                                            IV. Section-by-Section Analysis of the                rate cases each year, which set rates for
                                                    established in § 145.9 of the
                                                                                                                  Proposed Changes to 39 CFR Subpart A            all Postal Service products.5 Instead,
                                                    Commission’s regulations.5                                                                                    under the PAEA the Commission,
                                                                                                                  of Part 3000
                                                       The Commission reserves the right,                   V. Section-by-Section Analysis of the                 among other responsibilities, approves
                                                    but shall have no obligation, to review,                      Proposed Changes to the Title Identified        or denies discrete Postal Service
                                                    pre-screen, filter, redact, refuse or                         in Subchapter A of Chapter III of Title 39      requests to change rates of market
                                                    remove any or all of your suggestion(s)                 VI. Administrative Actions                            dominant products or competitive
                                                                                                            VII. Ordering Paragraphs                              products.6 Proposed rate changes
                                                    from www.cftc.gov that it may deem to
                                                    be inappropriate for publication, such as               I. Introduction                                       include requests to change rates of
                                                    a suggestion containing obscene                                                                               general applicability, e.g., retail rates
                                                                                                               The Postal Regulatory Commission
                                                    language. Any suggestions that contain                                                                        available to the public, and rates not of
                                                                                                            (Commission) establishes a rulemaking
                                                    comments on the merits of an                                                                                  general applicability, e.g., negotiated
                                                                                                            docket to consider amending the
                                                    outstanding proposed rulemaking will                                                                          service agreements (NSAs) with private
                                                                                                            Commission’s ethics rules, 39 CFR
                                                    be retained in the public comment file                                                                        parties. See id. Post-PAEA, the
                                                                                                            subpart A of part 3000. The Commission
                                                    for that rulemaking and considered as                                                                         Commission must make an Annual
                                                                                                            proposes to delete its existing ethics
                                                    required under the Administrative                                                                             Compliance Determination report
                                                                                                            rules to avoid duplication of 5 CFR part
                                                    Procedure Act and other applicable                                                                            concerning whether the rates or fees in
                                                                                                            2635 and those changes proposed to 5
                                                    laws. All suggestions that have been                                                                          effect for the year satisfied statutory and
                                                                                                            CFR part 5601 by the Commission with
                                                                                                                                                                  regulatory requirements and whether
                                                    redacted or removed that contain                        the concurrence of the Office of
                                                                                                                                                                  any service standards in effect during
                                                    comments on the merits of an                            Government Ethics (OGE).1 This
                                                    outstanding proposed rulemaking will                    rulemaking also proposes to replace the                 2 See 36 FR 5412 (Mar. 23, 1971).
                                                    be retained in the public comment file                  deleted ethics rules with new rules that                3 58 FR 42873 (Aug. 12, 1993).
                                                    and will be considered as required                      reflect the Commission’s current                        4 66 FR 32544 (Jun. 15, 2001).

                                                    under the Administrative Procedure Act                  regulatory role under the Postal                        5 Public Law 109–435, 120 Stat. 3198, sections
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                                                    and other applicable laws, and may be                   Accountability and Enhancement Act                    201–202 (2006) (amending 39 U.S.C. 3621–3622
                                                                                                            (PAEA), Public Law 109–435, 120 Stat.                 (2005) and repealing sections 3623–3624).
                                                    accessible under the Freedom of                                                                                 6 The PAEA introduced the division of Postal
                                                    Information Act.                                        3198 (2006). The proposed rules aim to
                                                                                                                                                                  Service products into market dominant products
                                                                                                            treat employees’ and former employees’                (products delivered under the Postal Service
                                                                                                                                                                  monopoly) and competitive products (all other
                                                                                                              1 See Order No. 3906, Notice of Proposed            products). 39 U.S.C. 3621–3622 and 39 CFR part
                                                      3 17 CFR 13.2.
                                                                                                            Rulemaking on Amendments to Supplemental              3010 (regulation of rates for market dominant
                                                      4 17 CFR 140.99.                                      Standards of Ethical Conduct for Employees of the     products); 39 U.S.C. 3631–3634 and 39 CFR part
                                                      5 17 CFR 145.9.                                       Postal Regulatory Commission, May 19, 2017.           3015 (regulation of rates for competitive products).



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Document Created: 2017-05-24 01:02:58
Document Modified: 2017-05-24 01:02:58
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
ActionRequest for Information; Correction.
DatesSuggestions must be received on or before September 30, 2017.
ContactMichael 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 Citation82 FR 23765 
RIN Number3038-AE55

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