83_FR_1557 83 FR 1548 - Performance of Certain Functions by the National Futures Association With Respect to the Receipt and Processing of Exchange Disciplinary and Access Denial Action Information

83 FR 1548 - Performance of Certain Functions by the National Futures Association With Respect to the Receipt and Processing of Exchange Disciplinary and Access Denial Action Information

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 83, Issue 9 (January 12, 2018)

Page Range1548-1550
FR Document2018-00468

The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is updating the delegation it issued in 1999 to the National Futures Association (``NFA'') regarding the duty to receive and to process exchange disciplinary and access denial action information. The delegation is being updated to clarify, among other things, that designated contract market (``DCM'') and swap execution facility (``SEF'') disciplinary and access denial notices must be filed with the NFA instead of the Commission. The NFA will continue to serve as the official custodian of records for exchange disciplinary filings.

Federal Register, Volume 83 Issue 9 (Friday, January 12, 2018)
[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Rules and Regulations]
[Pages 1548-1550]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00468]


-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION

17 CFR Part 9


Performance of Certain Functions by the National Futures 
Association With Respect to the Receipt and Processing of Exchange 
Disciplinary and Access Denial Action Information

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice and order; delegation of authority.

-----------------------------------------------------------------------

SUMMARY: The Commodity Futures Trading Commission (``Commission'' or

[[Page 1549]]

``CFTC'') is updating the delegation it issued in 1999 to the National 
Futures Association (``NFA'') regarding the duty to receive and to 
process exchange disciplinary and access denial action information. The 
delegation is being updated to clarify, among other things, that 
designated contract market (``DCM'') and swap execution facility 
(``SEF'') disciplinary and access denial notices must be filed with the 
NFA instead of the Commission. The NFA will continue to serve as the 
official custodian of records for exchange disciplinary filings.

DATES: This notice and order takes effect on March 13, 2018.

FOR FURTHER INFORMATION CONTACT: Rachel Berdansky, Deputy Director, 
202-418-5429 or [email protected]; David Steinberg, Associate 
Director, 202-418-5102 or [email protected]; Division of Market 
Oversight, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1151 21st Street NW, Washington, DC 20581.

SUPPLEMENTARY INFORMATION:

I. Introduction

    In a separate document published elsewhere in this issue of the 
Federal Register, the Commission issued final rules that update its 17 
CFR part 9 rules (``Final Part 9 Rules''), including Sec.  9.11, that 
sets forth the notice requirements for an exchange regarding 
disciplinary and access denial actions. Section 9.11 was first 
established in 1978 to carry out certain mandates of section 8c of the 
Commodity Exchange Act (``Act'' or ``CEA'').\1\ Section 8c of the Act 
generally: (i) Requires exchanges to discipline members and to notify 
the disciplined individuals, the Commission, and the public of 
disciplinary actions; and (ii) grants the Commission the authority to 
review exchange disciplinary actions. Section 9.11 sets forth the 
manner in which an exchange is to provide that notice.
---------------------------------------------------------------------------

    \1\ 43 FR 59343 (Dec. 20, 1978).
---------------------------------------------------------------------------

    In 1999, the Commission delegated authority to the NFA to receive 
and to process exchange disciplinary and access denial information 
(``Part 9 Delegation'').\2\ Consequently, the NFA currently serves as 
the official custodian of records for exchange disciplinary filings. In 
1999, concurrent with the Part 9 Delegation, the Commission published 
an advisory permitting exchanges to file 9.11 notices with the 
Commission or the NFA (``Part 9 Advisory'').\3\ While permitting filing 
with the Commission, the Part 9 Advisory encourages exchanges to file 
the required notice with the NFA. The Final Part 9 Rules, among other 
things, codify the Part 9 Advisory and replace the Sec.  9.11 
requirement that written notice be provided to the Commission with a 
requirement that notice be provided to the NFA via the NFA's Background 
Affiliation Status Information Center (``BASIC'') system.\4\ Moreover, 
because SEFs did not exist when the Commission issued the initial 
delegation in 1999, this Notice and Order is being updated to reflect 
that the NFA will receive disciplinary and access denial action notices 
from SEFs in addition to DCMs.\5\ For purposes of this Notice and 
Order, the term ``exchange'' includes DCMs and SEFs.
---------------------------------------------------------------------------

    \2\ 64 FR 39913 (July 23, 1999).
    \3\ Id. at 39915.
    \4\ The NFA's BASIC system allows the public to access 
disciplinary information contributed by the NFA, CFTC, DCMs, and 
SEFs pertaining to the types of violations committed, penalties 
imposed, the effective date of the action, and summary of the 
disciplinary action. The BASIC system enables the public to conduct 
a search by NFA identification number, individual name, or firm 
name.
    \5\ The Final Part 9 Rules amend the definition of ``exchange'' 
in Sec.  9.2 to include SEFs in addition to DCMs.
---------------------------------------------------------------------------

II. Delegation of Duties to the NFA

A. Processing Regulation 9.11 Filings

    The NFA must process exchange Sec.  9.11 notices in a manner 
consistent with Sec.  9.11. For purposes of this Notice and Order, the 
term ``process'' generally refers to receipt of filings and review of 
filings for compliance with applicable requirements. Section 9.11(a) 
requires that whenever an exchange decision, pursuant to which a 
disciplinary or access denial action to be imposed has become final, 
the exchange must provide written notice of such action to the NFA 
within 30 days. In addition, Sec.  9.11 notices filed with the NFA must 
satisfy all of the content requirements set forth in Sec.  9.11(b). 
Toward that end, notices filed with the NFA will be deemed certified 
when an authorized exchange employee verifies the accuracy of the 
information entered into BASIC.

B. Commission Access to BASIC and Reports

    The NFA must provide the Commission with access to the BASIC system 
so that the Commission can diligently carry out its legislative 
mandate. This includes access to a Management Report that includes the 
following for each disciplinary or access denial action:
     Name of Contributor (i.e., an exchange, the NFA, or the 
Commission);
     Name of Respondent;
     Contributor Reference Number (i.e., disciplinary case 
number generated by contributor);
     Date of Decision or Order;
     Date of Notification of NFA;
     Total Number of Days for Data to be Released into BASIC 
(i.e., number of days from the date of an exchange final action until 
the date of exchange verification/certification); and
     Name of Staff Person Entering Data (i.e., initials).
    The Commission currently has access to the BASIC system and the 
ability to generate 26 standardized reports that are customizable with 
respect to the timeframe selected (e.g., January 1, 2017 to May 31, 
2017), including the Management Report. Among other things, the 
Commission is able to analyze the data maintained in BASIC by: 
Disciplinary actions against firms or individuals resulting in fines, 
suspensions, or expulsions; disciplinary actions issued by each 
exchange; and the type of rule violations across all exchanges. The 
Commission generates these reports on an as needed basis. As the 
Commission needs these reports for effective oversight of the 
exchanges, the NFA must continue to provide the Commission with the 
capability to generate each of these reports from BASIC. The NFA shall 
continue working with the Commission to develop additional query 
capabilities as the Commission deems necessary to fulfill its 
regulatory and oversight responsibilities.

C. BASIC Maintenance

    The NFA shall maintain, and serve as the official custodian of, 
records for exchange Sec.  9.11 filings. The NFA shall fulfill this 
obligation by continuing to maintain the BASIC system and further 
developing it as necessary to comply with the terms of this Notice and 
Order. The NFA shall also implement such additional procedures (or 
modify existing procedures) as are necessary to reasonably ensure the 
security and integrity of these records.

III. Authority

    Pursuant to section 8a(10) of the Act, the Commission has issued 
numerous orders authorizing the NFA to perform various portions of the 
Commission's registration functions and responsibilities under the 
Act.\6\ In this connection, the Commission has previously issued orders 
authorizing the

[[Page 1550]]

NFA to perform the full range of registration processing functions with 
respect to applicants for and persons registered as a: futures 
commission merchant, commodity pool operator, or commodity trading 
advisor; \7\ introducing broker; \8\ leverage transaction merchant; \9\ 
floor broker; \10\ floor trader; \11\ retail foreign exchange dealer; 
\12\ and swap dealer or major swap participant (collectively, 
registrants).\13\ Additionally, the NFA has adopted, and the Commission 
has approved, rules that govern the performance of the registration 
functions. For example, NFA Rule 501 pertains to the NFA's authority to 
deny, condition, suspend, and revoke registration for registrants. NFA 
Rule 504 sets forth the procedures governing applicants and registrants 
disqualified from registration under sections 8a(2), 8a(3), or 8a(4) of 
the Act.
---------------------------------------------------------------------------

    \6\ 7 U.S.C. 12a(10) (2014). Further, CEA section 17(o) provides 
that the Commission may require a registered futures association 
(``RFA'') to perform Commission registration functions in accordance 
with the Act and the RFA's rules. 7 U.S.C. 21(o) (2014).
    \7\ See 49 FR 39593 (Oct. 9, 1984).
    \8\ See 48 FR 35158 (Aug. 3, 1983).
    \9\ See 54 FR 19556 (May 8, 1989).
    \10\ See 51 FR 34490 (Sep. 29, 1986).
    \11\ See 58 FR 19657 (Apr. 15, 1993).
    \12\ See 75 FR 55310 (Sep. 10, 2010).
    \13\ See 77 FR 2708 (Jan. 19, 2012).
---------------------------------------------------------------------------

    In light of NFA's experience in processing and maintaining exchange 
disciplinary and access denial actions on behalf of the Commission, the 
Commission has determined that it will continue to delegate these 
functions to the NFA. This Notice and Order is in accord with the 
Commission's previous delegations to the NFA to perform registration 
processing functions with respect to applicants and registrants, in 
that, an individual's or firm's disciplinary history clearly is a 
factor that must be considered in any fitness determination. Deeming 
the NFA as the custodian of all exchange Sec.  9.11 filings, and 
delegating to the NFA the responsibility for processing such filings 
and generating reports with the information amassed, should ensure that 
the NFA has the necessary information to continue to make appropriate 
registration determinations. Further, the Commission believes that this 
delegation order will enhance efficiency by permitting the Commission 
to carry out its statutory responsibilities under the CEA, while also 
freeing up Commission resources to be directed to other parts of its 
regulatory mandate.

IV. Conclusion and Order

    The Commission has determined, in accordance with section 8a(10) of 
the Act, to delegate to the NFA the authority to perform the following 
functions:
    (1) To process exchange disciplinary information filed with it by 
an exchange or the Commission for inclusion in the BASIC system;
    (2) To provide the Commission with access to a Management Report 
summarizing all recent exchange disciplinary information and to provide 
the Commission with the capability to generate standardized reports on 
the BASIC system;
    (3) To assist the Commission in enforcing exchange compliance with 
regulation 9.11 filing requirements; and
    (4) To serve as the official custodian of a database containing 
records of all exchange disciplinary and access denial actions filed 
with the NFA for inclusion in the BASIC system.
    The NFA is authorized to perform all functions specified herein 
until such time as the Commission orders otherwise. Nothing in this 
Notice and Order shall affect the Commission's oversight authority of 
exchange disciplinary programs. The Commission is retaining all of its 
oversight authority, including its authority to review and to modify 
exchange disciplinary actions and to take enforcement or other remedial 
action against exchanges for noncompliance with Sec.  9.11. The NFA may 
submit to the Commission for clarification any specific matters that 
have been delegated to it, and
    Commission staff will be available to discuss with NFA staff issues 
relating to implementation of this Notice and Order.

    Issued in Washington, DC, on January 9, 2018, by the Commission.
Christopher J. Kirkpatrick,
Secretary of the Commission.

Appendix to Performance of Certain Functions by the National Futures 
Association With Respect to Regulation 9.11--Commission Voting Summary

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

[FR Doc. 2018-00468 Filed 1-11-18; 8:45 am]
BILLING CODE 6351-01-P



                                              1548                Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Rules and Regulations

                                              § 9.12 Effective date of disciplinary or                § 9.24(a)(2) will be increased by one                  Division in the manner requested by the
                                              access denial action.                                   day.                                                   Division and, upon request, deliver that
                                                 (a) Effective date. Any disciplinary or              ■ 13. Revise § 9.13 to read as follows:                information to the person who is the
                                              access denial action taken by an                                                                               subject of the disciplinary or access
                                              exchange will not become effective until                § 9.13   Publication of notice.                        denial action. Delivery to the person
                                              at least fifteen days after the written                    Whenever an exchange suspends,                      who is the subject of the disciplinary or
                                              notice prescribed by § 9.11 is delivered                expels or otherwise disciplines, or                    access denial action must be in the
                                              to the person disciplined or denied                     denies any person access to the                        manner prescribed by § 9.11(c). A
                                              access; Provided, however, That the                     exchange, it must make public its                      person subject to the disciplinary action
                                              exchange may cause a disciplinary                       findings by disclosing at least the                    or access denial action requesting a
                                              action to become effective prior to that                information contained in the notice                    copy of the information furnished to the
                                              time if:                                                required by § 9.11(b). An exchange must                Division must, if the exchange rules so
                                                 (1) As permitted by part 37, appendix                make such findings public as soon as                   provide, agree to pay the exchange
                                              B, Core Principle 2, paragraph (a)(14) of               the disciplinary action or access denial               reasonable fees for printing the copy.
                                              this chapter or part 38, appendix B, Core               action becomes effective in accordance                    (b) Review on motion of the
                                              Principle 13, paragraph (a)(7) of this                  with the provisions of § 9.12 by posting               Commission. The Commission may
                                              chapter (emergency disciplinary                         a notice on its website to which its                   institute review of an exchange
                                              actions), the exchange reasonably                       members and the public regularly have                  disciplinary or access denial action on
                                              believes, and so states in its written                  access. Such notice must be maintained                 its own motion. Other than in
                                              decision, that immediate action is                      and readily available on the exchange’s                extraordinary circumstances, such
                                              necessary to protect the best interests of              website.                                               review will be initiated within 180 days
                                              the marketplace; or                                     ■ 14. In § 9.24, revise paragraph (a)(2) to            after the NFA has received the notice of
                                                 (2) As permitted by part 37, appendix                read as follows:                                       exchange action provided for in § 9.11.
                                              B, Core Principle 2, paragraph (a)(10)(vi)                                                                     If the Commission should institute
                                                                                                      § 9.24   Petition for stay pending review.             review on its own motion, it will issue
                                              of this chapter or part 38, appendix B,                   (a) * * *
                                              Core Principle 13, paragraph (a)(4) of                                                                         an order permitting the person who is
                                                                                                        (2) Within ten days after a notice of                the subject of the disciplinary or access
                                              this chapter (hearings), the exchange                   summary action has been delivered in
                                              determines, and so states in its written                                                                       denial action an opportunity to file an
                                                                                                      accordance with § 9.12(b) to a person                  appropriate submission, and the
                                              decision, that the actions of a person                  who is the subject of a summary action
                                              who is within the exchange’s                                                                                   exchange an opportunity to file a reply
                                                                                                      permitted by part 37, appendix B, Core                 thereto.
                                              jurisdiction has impeded the progress of                Principle 2, paragraph (a)(14) of this
                                              a disciplinary hearing; or                              chapter or part 38, appendix B, Core                     Issued in Washington, DC, on January 9,
                                                 (3) As permitted by part 37, appendix                                                                       2018, by the Commission.
                                                                                                      Principle 13, paragraph (a)(7) of this
                                              B, Core Principle 2, paragraph (a)(13) of               chapter (emergency disciplinary                        Christopher J. Kirkpatrick,
                                              this chapter (summary fines for                         actions), that person may petition the                 Secretary of the Commission.
                                              violations of rules regarding timely                    Commission to stay the effectiveness of                  Note: The following appendix will not
                                              submission of records) or part 38,                      the summary action pending completion                  appear in the Code of Federal Regulations.
                                              appendix B, Core Principle 13,                          of the exchange proceeding.
                                              paragraph (a)(6) of this chapter                        *     *     *     *     *                              Appendix to Technical Amendments to
                                              (summary fines for violations of rules                                                                         Rules on Registration and Review of
                                                                                                      ■ 15. Revise § 9.31 to read as follows:
                                              regarding timely submission of records,                                                                        Exchange Disciplinary, Access Denial
                                              decorum, or other similar activities), the              § 9.31 Commission review of disciplinary               or Other Adverse Actions—Commission
                                              exchange determines that a person has                   or access denial action on its own motion.             Voting Summary
                                              violated exchange rules relating to                        (a) Request for additional information.               On this matter, Chairman Giancarlo and
                                              decorum or attire, or timely submission                 Where a person disciplined or denied                   Commissioners Quintenz and Behnam voted
                                              of accurate records required for clearing               access has not appealed the exchange                   in the affirmative. No Commissioner voted in
                                              or verifying each day’s transactions or                 decision to the Commission, upon                       the negative.
                                              other similar activities; or                            review of the notice specified in § 9.11,              [FR Doc. 2018–00467 Filed 1–11–18; 8:45 am]
                                                 (4) The person against whom the                      the Division of Market Oversight or the                BILLING CODE 6351–01–P
                                              action is taken has consented to the                    Division of Swap Dealer and
                                              penalty to be imposed and to the timing                 Intermediary Oversight may request that
                                              of its effectiveness.                                   the exchange file with the Division the                COMMODITY FUTURES TRADING
                                                 (b) Notice of early effective date. If the           record of the exchange proceeding, or                  COMMISSION
                                              exchange determines in accordance                       designated portions of the record, a brief
                                              with paragraph (a)(1) of this section that              statement of the evidence and testimony                17 CFR Part 9
                                              a disciplinary action will become                       adduced to support the exchange’s
                                              effective prior to the expiration of                    findings that a rule or rules of the                   Performance of Certain Functions by
                                              fifteen days after written notice thereof,              exchange were violated and such                        the National Futures Association With
                                              it must notify the person disciplined in                recordings, transcripts and other                      Respect to the Receipt and Processing
                                              writing, either personally or by email to               documents applicable to the particular                 of Exchange Disciplinary and Access
                                              the person’s last known email address,                  exchange proceeding as the Division                    Denial Action Information
sradovich on DSK3GMQ082PROD with RULES




                                              stating the reasons for the                             may specify. The exchange must                         AGENCY:  Commodity Futures Trading
                                              determination. The exchange must also                   promptly advise the person who is the                  Commission.
                                              immediately notify the Commission by                    subject of the disciplinary or access                  ACTION: Notice and order; delegation of
                                              email to secretary@cftc.gov. Where                      denial action of the Division’s request.               authority.
                                              notice is delivered by email, the time                  Within thirty days after service of the
                                              within which the person so notified                     Division’s request, the exchange must                  SUMMARY: The Commodity Futures
                                              may file a petition for stay pursuant to                file the information requested with the                Trading Commission (‘‘Commission’’ or


                                         VerDate Sep<11>2014   15:52 Jan 11, 2018   Jkt 244001   PO 00000   Frm 00034   Fmt 4700   Sfmt 4700   E:\FR\FM\12JAR1.SGM   12JAR1


                                                                   Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Rules and Regulations                                                   1549

                                              ‘‘CFTC’’) is updating the delegation it                 the Part 9 Advisory encourages                            • Contributor Reference Number (i.e.,
                                              issued in 1999 to the National Futures                  exchanges to file the required notice                  disciplinary case number generated by
                                              Association (‘‘NFA’’) regarding the duty                with the NFA. The Final Part 9 Rules,                  contributor);
                                              to receive and to process exchange                      among other things, codify the Part 9                     • Date of Decision or Order;
                                              disciplinary and access denial action                   Advisory and replace the § 9.11                           • Date of Notification of NFA;
                                              information. The delegation is being                    requirement that written notice be                        • Total Number of Days for Data to be
                                              updated to clarify, among other things,                 provided to the Commission with a                      Released into BASIC (i.e., number of
                                              that designated contract market                         requirement that notice be provided to                 days from the date of an exchange final
                                              (‘‘DCM’’) and swap execution facility                   the NFA via the NFA’s Background                       action until the date of exchange
                                              (‘‘SEF’’) disciplinary and access denial                Affiliation Status Information Center                  verification/certification); and
                                              notices must be filed with the NFA                      (‘‘BASIC’’) system.4 Moreover, because                    • Name of Staff Person Entering Data
                                              instead of the Commission. The NFA                      SEFs did not exist when the                            (i.e., initials).
                                              will continue to serve as the official                  Commission issued the initial                             The Commission currently has access
                                              custodian of records for exchange                       delegation in 1999, this Notice and                    to the BASIC system and the ability to
                                              disciplinary filings.                                   Order is being updated to reflect that the             generate 26 standardized reports that are
                                                                                                      NFA will receive disciplinary and                      customizable with respect to the
                                              DATES: This notice and order takes effect
                                                                                                      access denial action notices from SEFs                 timeframe selected (e.g., January 1, 2017
                                              on March 13, 2018.                                                                                             to May 31, 2017), including the
                                              FOR FURTHER INFORMATION CONTACT:                        in addition to DCMs.5 For purposes of
                                                                                                      this Notice and Order, the term                        Management Report. Among other
                                              Rachel Berdansky, Deputy Director,                                                                             things, the Commission is able to
                                              202–418–5429 or rberdansky@cftc.gov;                    ‘‘exchange’’ includes DCMs and SEFs.
                                                                                                                                                             analyze the data maintained in BASIC
                                              David Steinberg, Associate Director,                    II. Delegation of Duties to the NFA                    by: Disciplinary actions against firms or
                                              202–418–5102 or dsteinberg@cftc.gov;                                                                           individuals resulting in fines,
                                              Division of Market Oversight,                           A. Processing Regulation 9.11 Filings
                                                                                                                                                             suspensions, or expulsions; disciplinary
                                              Commodity Futures Trading                                  The NFA must process exchange                       actions issued by each exchange; and
                                              Commission, Three Lafayette Centre,                     § 9.11 notices in a manner consistent                  the type of rule violations across all
                                              1151 21st Street NW, Washington, DC                     with § 9.11. For purposes of this Notice               exchanges. The Commission generates
                                              20581.                                                  and Order, the term ‘‘process’’ generally              these reports on an as needed basis. As
                                              SUPPLEMENTARY INFORMATION:                              refers to receipt of filings and review of             the Commission needs these reports for
                                                                                                      filings for compliance with applicable                 effective oversight of the exchanges, the
                                              I. Introduction                                         requirements. Section 9.11(a) requires                 NFA must continue to provide the
                                                 In a separate document published                     that whenever an exchange decision,                    Commission with the capability to
                                              elsewhere in this issue of the Federal                  pursuant to which a disciplinary or                    generate each of these reports from
                                              Register, the Commission issued final                   access denial action to be imposed has                 BASIC. The NFA shall continue
                                              rules that update its 17 CFR part 9 rules               become final, the exchange must                        working with the Commission to
                                              (‘‘Final Part 9 Rules’’), including § 9.11,             provide written notice of such action to               develop additional query capabilities as
                                              that sets forth the notice requirements                 the NFA within 30 days. In addition,                   the Commission deems necessary to
                                              for an exchange regarding disciplinary                  § 9.11 notices filed with the NFA must                 fulfill its regulatory and oversight
                                              and access denial actions. Section 9.11                 satisfy all of the content requirements                responsibilities.
                                              was first established in 1978 to carry out              set forth in § 9.11(b). Toward that end,
                                              certain mandates of section 8c of the                   notices filed with the NFA will be                     C. BASIC Maintenance
                                              Commodity Exchange Act (‘‘Act’’ or                      deemed certified when an authorized                      The NFA shall maintain, and serve as
                                              ‘‘CEA’’).1 Section 8c of the Act                        exchange employee verifies the                         the official custodian of, records for
                                              generally: (i) Requires exchanges to                    accuracy of the information entered into               exchange § 9.11 filings. The NFA shall
                                              discipline members and to notify the                    BASIC.                                                 fulfill this obligation by continuing to
                                              disciplined individuals, the                            B. Commission Access to BASIC and                      maintain the BASIC system and further
                                              Commission, and the public of                           Reports                                                developing it as necessary to comply
                                              disciplinary actions; and (ii) grants the                                                                      with the terms of this Notice and Order.
                                              Commission the authority to review                        The NFA must provide the                             The NFA shall also implement such
                                              exchange disciplinary actions. Section                  Commission with access to the BASIC                    additional procedures (or modify
                                              9.11 sets forth the manner in which an                  system so that the Commission can                      existing procedures) as are necessary to
                                              exchange is to provide that notice.                     diligently carry out its legislative                   reasonably ensure the security and
                                                 In 1999, the Commission delegated                    mandate. This includes access to a                     integrity of these records.
                                              authority to the NFA to receive and to                  Management Report that includes the
                                                                                                      following for each disciplinary or access              III. Authority
                                              process exchange disciplinary and
                                              access denial information (‘‘Part 9                     denial action:                                            Pursuant to section 8a(10) of the Act,
                                              Delegation’’).2 Consequently, the NFA                     • Name of Contributor (i.e., an                      the Commission has issued numerous
                                              currently serves as the official custodian              exchange, the NFA, or the Commission);                 orders authorizing the NFA to perform
                                              of records for exchange disciplinary                      • Name of Respondent;                                various portions of the Commission’s
                                              filings. In 1999, concurrent with the Part                                                                     registration functions and
                                                                                                         4 The NFA’s BASIC system allows the public to
                                              9 Delegation, the Commission published                                                                         responsibilities under the Act.6 In this
                                                                                                      access disciplinary information contributed by the
                                              an advisory permitting exchanges to file                                                                       connection, the Commission has
sradovich on DSK3GMQ082PROD with RULES




                                                                                                      NFA, CFTC, DCMs, and SEFs pertaining to the
                                              9.11 notices with the Commission or the                 types of violations committed, penalties imposed,      previously issued orders authorizing the
                                              NFA (‘‘Part 9 Advisory’’).3 While                       the effective date of the action, and summary of the
                                                                                                      disciplinary action. The BASIC system enables the        6 7 U.S.C. 12a(10) (2014). Further, CEA section
                                              permitting filing with the Commission,                  public to conduct a search by NFA identification       17(o) provides that the Commission may require a
                                                                                                      number, individual name, or firm name.                 registered futures association (‘‘RFA’’) to perform
                                                1 43  FR 59343 (Dec. 20, 1978).                          5 The Final Part 9 Rules amend the definition of    Commission registration functions in accordance
                                                2 64  FR 39913 (July 23, 1999).                       ‘‘exchange’’ in § 9.2 to include SEFs in addition to   with the Act and the RFA’s rules. 7 U.S.C. 21(o)
                                                3 Id. at 39915.                                       DCMs.                                                  (2014).



                                         VerDate Sep<11>2014   15:52 Jan 11, 2018   Jkt 244001   PO 00000   Frm 00035   Fmt 4700   Sfmt 4700   E:\FR\FM\12JAR1.SGM   12JAR1


                                              1550                Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Rules and Regulations

                                              NFA to perform the full range of                        or the Commission for inclusion in the                 SUMMARY:   The Federal Energy
                                              registration processing functions with                  BASIC system;                                          Regulatory Commission (Commission) is
                                              respect to applicants for and persons                      (2) To provide the Commission with                  issuing a final rule to amend its
                                              registered as a: futures commission                     access to a Management Report                          regulations governing the maximum
                                              merchant, commodity pool operator, or                   summarizing all recent exchange                        civil monetary penalties assessable for
                                              commodity trading advisor; 7                            disciplinary information and to provide                violations of statutes, rules, and orders
                                              introducing broker; 8 leverage                          the Commission with the capability to                  within the Commission’s jurisdiction.
                                              transaction merchant; 9 floor broker; 10                generate standardized reports on the                   The Federal Civil Penalties Inflation
                                              floor trader; 11 retail foreign exchange                BASIC system;                                          Adjustment Act of 1990, as amended
                                              dealer; 12 and swap dealer or major swap                   (3) To assist the Commission in                     most recently by the Federal Civil
                                              participant (collectively, registrants).13              enforcing exchange compliance with                     Penalties Inflation Adjustment Act
                                              Additionally, the NFA has adopted, and                  regulation 9.11 filing requirements; and               Improvements Act of 2015, requires the
                                              the Commission has approved, rules                         (4) To serve as the official custodian              Commission to issue this final rule.
                                              that govern the performance of the                      of a database containing records of all                DATES: This final rule is effective
                                              registration functions. For example,                    exchange disciplinary and access denial                January 12, 2018.
                                              NFA Rule 501 pertains to the NFA’s                      actions filed with the NFA for inclusion               FOR FURTHER INFORMATION CONTACT:
                                              authority to deny, condition, suspend,                  in the BASIC system.                                   Todd Hettenbach, Attorney, Office of
                                              and revoke registration for registrants.                   The NFA is authorized to perform all                Enforcement, Federal Energy Regulatory
                                              NFA Rule 504 sets forth the procedures                  functions specified herein until such                  Commission, 888 First Street NE,
                                              governing applicants and registrants                    time as the Commission orders                          Washington, DC 20426, (202) 502–8794
                                              disqualified from registration under                    otherwise. Nothing in this Notice and                  Todd.Hettenbach@ferc.gov.
                                              sections 8a(2), 8a(3), or 8a(4) of the Act.             Order shall affect the Commission’s
                                                                                                                                                             SUPPLEMENTARY INFORMATION:
                                                 In light of NFA’s experience in                      oversight authority of exchange
                                              processing and maintaining exchange                     disciplinary programs. The Commission                  Order No. 839
                                              disciplinary and access denial actions                  is retaining all of its oversight authority,           Final Rule
                                              on behalf of the Commission, the                        including its authority to review and to
                                                                                                      modify exchange disciplinary actions                     1. In this final rule, the Federal
                                              Commission has determined that it will                                                                         Energy Regulatory Commission
                                              continue to delegate these functions to                 and to take enforcement or other
                                                                                                      remedial action against exchanges for                  (Commission) is complying with its
                                              the NFA. This Notice and Order is in                                                                           statutory obligation to amend the civil
                                              accord with the Commission’s previous                   noncompliance with § 9.11. The NFA
                                                                                                      may submit to the Commission for                       monetary penalties provided by law for
                                              delegations to the NFA to perform                                                                              matters within the agency’s jurisdiction.
                                              registration processing functions with                  clarification any specific matters that
                                              respect to applicants and registrants, in               have been delegated to it, and                         Background
                                              that, an individual’s or firm’s                            Commission staff will be available to
                                                                                                                                                               2. The Federal Civil Penalties
                                              disciplinary history clearly is a factor                discuss with NFA staff issues relating to
                                                                                                                                                             Inflation Adjustment Act Improvements
                                              that must be considered in any fitness                  implementation of this Notice and
                                                                                                                                                             Act of 2015 (2015 Adjustment Act),1
                                              determination. Deeming the NFA as the                   Order.
                                                                                                                                                             which further amended the Federal
                                              custodian of all exchange § 9.11 filings,                 Issued in Washington, DC, on January 9,              Civil Penalties Inflation Adjustment Act
                                              and delegating to the NFA the                           2018, by the Commission.                               of 1990 (1990 Adjustment Act),2
                                              responsibility for processing such filings              Christopher J. Kirkpatrick,                            required the head of each federal agency
                                              and generating reports with the                         Secretary of the Commission.                           to issue a rule by July 2016 adjusting for
                                              information amassed, should ensure                                                                             inflation each ‘‘civil monetary penalty’’
                                                                                                      Appendix to Performance of Certain
                                              that the NFA has the necessary                                                                                 provided by law within the agency’s
                                                                                                      Functions by the National Futures
                                              information to continue to make                                                                                jurisdiction and to make further
                                                                                                      Association With Respect to Regulation
                                              appropriate registration determinations.                                                                       inflation adjustments on an annual basis
                                                                                                      9.11—Commission Voting Summary
                                              Further, the Commission believes that                                                                          every January 15 thereafter.3
                                              this delegation order will enhance                        On this matter, Chairman Giancarlo and
                                                                                                      Commissioners Quintenz and Behnam voted                II. Discussion
                                              efficiency by permitting the
                                              Commission to carry out its statutory                   in the affirmative. No Commissioner voted in              3. The 2015 Adjustment Act defines a
                                              responsibilities under the CEA, while                   the negative.                                          civil monetary penalty as any penalty,
                                              also freeing up Commission resources to                 [FR Doc. 2018–00468 Filed 1–11–18; 8:45 am]            fine, or other sanction that: (A)(i) Is for
                                              be directed to other parts of its                       BILLING CODE 6351–01–P                                 a specific monetary amount as provided
                                              regulatory mandate.                                                                                            by federal law; or (ii) has a maximum
                                                                                                                                                             amount provided for by federal law; (B)
                                              IV. Conclusion and Order                                                                                       is assessed or enforced by an agency
                                                                                                      DEPARTMENT OF ENERGY
                                                The Commission has determined, in                                                                            pursuant to federal law; and (C) is
                                              accordance with section 8a(10) of the                   Federal Energy Regulatory                              assessed or enforced pursuant to an
                                              Act, to delegate to the NFA the authority               Commission                                             administrative proceeding or a civil
                                              to perform the following functions:                                                                            action in the federal courts.4 This
                                                (1) To process exchange disciplinary                  18 CFR Parts 250 and 385
                                                                                                                                                               1 Sec.  701, Public Law 114–74, 129 Stat. 584, 599.
                                              information filed with it by an exchange                [Docket No. RM18–4–000; Order No. 839]                   2 Public   Law 101–410, 104 Stat. 890 (codified as
sradovich on DSK3GMQ082PROD with RULES




                                                7 See                                                                                                        amended at 28 U.S.C. 2461 note).
                                                      49 FR 39593 (Oct. 9, 1984).                     Civil Monetary Penalty Inflation                         3 28 U.S.C. 2461 note, at (4). The Commission
                                                8 See 48 FR 35158 (Aug. 3, 1983).
                                                9 See 54 FR 19556 (May 8, 1989).
                                                                                                      Adjustments                                            made its January 2017 adjustment on January 9,
                                                                                                                                                             2017, in Docket No. RM17–9–000. See Civil
                                                10 See 51 FR 34490 (Sep. 29, 1986).
                                                                                                      AGENCY:  Federal Energy Regulatory                     Monetary Penalty Inflation Adjustments, Order No.
                                                11 See 58 FR 19657 (Apr. 15, 1993).
                                                                                                      Commission.                                            834, 82 FR 8137 (Jan. 24, 2017), FERC Stats. & Regs.
                                                12 See 75 FR 55310 (Sep. 10, 2010).                                                                          ¶ 31,390 (2017).
                                                13 See 77 FR 2708 (Jan. 19, 2012).
                                                                                                      ACTION: Final rule.                                      4 Id. (3).




                                         VerDate Sep<11>2014   15:52 Jan 11, 2018   Jkt 244001   PO 00000   Frm 00036   Fmt 4700   Sfmt 4700   E:\FR\FM\12JAR1.SGM      12JAR1



Document Created: 2018-10-26 09:53:01
Document Modified: 2018-10-26 09:53:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice and order; delegation of authority.
DatesThis notice and order takes effect on March 13, 2018.
ContactRachel Berdansky, Deputy Director, 202-418-5429 or [email protected]; David Steinberg, Associate Director, 202-418-5102 or [email protected]; Division of Market Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1151 21st Street NW, Washington, DC 20581.
FR Citation83 FR 1548 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR