83_FR_31206 83 FR 31078 - Financial Surveillance Examination Program Requirements for Self-Regulatory Organizations

83 FR 31078 - Financial Surveillance Examination Program Requirements for Self-Regulatory Organizations

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 83, Issue 128 (July 3, 2018)

Page Range31078-31086
FR Document2018-14272

The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is proposing to amend its regulations governing the minimum standards for a self-regulatory organization's (``SRO'') financial surveillance examination program of futures commission merchants (``FCMs''). The proposed amendments would revise the scope of a third- party expert's evaluation of the SRO's financial surveillance program to cover only the examination standards used by SRO staff in conducting FCM examinations. The proposed amendments also would revise the minimum timeframes between when an SRO must engage a third-party expert to evaluate its FCM examination standards.

Federal Register, Volume 83 Issue 128 (Tuesday, July 3, 2018)
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Proposed Rules]
[Pages 31078-31086]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14272]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / 
Proposed Rules

[[Page 31078]]



COMMODITY FUTURES TRADING COMMISSION

17 CFR Part 1

RIN 3038-AE73


Financial Surveillance Examination Program Requirements for Self-
Regulatory Organizations

AGENCY: Commodity Futures Trading Commission.

ACTION: Proposed rule.

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SUMMARY: The Commodity Futures Trading Commission (``Commission'' or 
``CFTC'') is proposing to amend its regulations governing the minimum 
standards for a self-regulatory organization's (``SRO'') financial 
surveillance examination program of futures commission merchants 
(``FCMs''). The proposed amendments would revise the scope of a third-
party expert's evaluation of the SRO's financial surveillance program 
to cover only the examination standards used by SRO staff in conducting 
FCM examinations. The proposed amendments also would revise the minimum 
timeframes between when an SRO must engage a third-party expert to 
evaluate its FCM examination standards.

DATES: Comments must be received on or before September 4, 2018.

ADDRESSES: You may submit comments, identified by RIN 3038-AE73, by any 
of the following methods:
     CFTC Comments Portal: https://comments.cftc.gov. Select 
the ``Submit Comments'' link for this rulemaking and follow the 
instructions on the Public Comment Form.
     Mail: Send to Christopher Kirkpatrick, Secretary of the 
Commission, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1155 21st Street NW, Washington, DC 20581.
     Hand Delivery/Courier: Follow the same instructions as for 
Mail, above. Please submit your comments using only one of these 
methods. To avoid possible delays with mail or in-person deliveries, 
submissions through the CFTC Comments Portal are encouraged.
    All comments must be submitted in English, or if not, accompanied 
by an English translation. Comments will be posted as received to 
https://comments.cftc.gov. You should submit only information that you 
wish to make available publicly. If you wish the Commission to consider 
information that you believe is exempt from disclosure under the 
Freedom of Information Act (``FOIA''), a petition for confidential 
treatment of the exempt information may be submitted according to the 
procedures established in Sec.  145.9 of the Commission's 
regulations.\1\
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    \1\ Regulation 145.9. Commission regulations referred to herein 
are found at 17 CFR chapter I.
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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 
submission from https://comments.cftc.gov that it may deem to be 
inappropriate for publication, such as obscene language. All 
submissions that have been redacted or removed that contain comments on 
the merits of the rulemaking will be retained in the public comment 
file and will be considered as required under the Administrative 
Procedure Act and other applicable laws, and may be accessible under 
the FOIA.

FOR FURTHER INFORMATION CONTACT: Matthew B. Kulkin, Director, 202-418-
5213, [email protected]; Thomas Smith, Deputy Director, 202-418-5495, 
[email protected]; Jennifer Bauer, Special Counsel, 202-418-5472, 
[email protected]; or Joshua Beale, Special Counsel, 202-418-5446, 
[email protected], Division of Swap Dealer and Intermediary Oversight, 
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st 
Street NW, Washington, DC 20581.

SUPPLEMENTARY INFORMATION:

I. Background

A. Commission Initiative to Simplify and Modernize Regulations

    In March of 2017, Commission staff initiated an agency-wide 
internal review of CFTC regulations and practices to identify those 
areas that could be simplified to make them less burdensome and 
costly.\2\ The Commission subsequently published in the Federal 
Register on May 9, 2017 a Request for Information soliciting 
suggestions from the public regarding how the Commission's existing 
rules, regulations, or practices could be applied in a simpler, less 
burdensome, and costly manner.\3\
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    \2\ See Remarks of Acting Chairman J. Christopher Giancarlo 
before the 42nd Annual International Futures Industry Conference in 
Boca Raton, FL, dated March 15, 2017. The remarks are available at 
the Commission's website: https://www.cftc.gov/PressRoom/SpeechesTestimony/opagiancarlo-20.
    \3\ Project KISS, 82 FR 21494 (May 9, 2017); amended on May 24, 
2017, 82 FR 23765 (May 24, 2017). The Federal Register Request for 
Information, and the suggestion letters filed by the public are 
available at the Commission's website: https://comments.cftc.gov/KISS/KissInitiative.aspx.
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    The CME Group (``CME'') submitted suggestions on a variety of 
rules, regulations, and practices in responses to the Commission's 
Request for Information.\4\ One area identified by CME for 
simplification and the reduction of regulatory burden was Regulation 
1.52, which imposes an obligation on SROs \5\ to conduct periodic 
examinations of member FCMs \6\ for compliance with both SRO and 
Commission minimum capital and other financial and related reporting 
requirements. Specifically, the CME suggested that Regulation 1.52 
should be amended to eliminate a requirement that a third-party public 
accounting firm perform periodic evaluations and assessments of the 
CME's surveillance program to oversee its member FCMs compliance with 
Commission and CME financial and related reporting requirements.\7\
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    \4\ See Letter from Kathleen Cronin, Senior Managing Director, 
General Counsel and Corporate Secretary, CME Group, dated September 
29, 2017. The CME's letter is available at the Commission's website: 
https://comments.cftc.gov/PublicComments/ViewComment.aspx?id=61395&SearchText=.
    \5\ The term ``self-regulatory organization'' is defined in 
Regulation 1.52 to include a contract market (as defined in 
Regulation 1.3) or an RFA under section 17 of the Commodity Exchange 
Act (``Act'') (7 U.S.C. 1 et seq.), but the term as defined in 
Regulation 1.52 does not include a swap execution facility (as 
defined in Regulation 1.3). See Regulation 1.52(a)(2).
    \6\ The term ``futures commission merchant'' is generally 
defined in Regulation 1.3 as (1) an entity that is engaged in 
soliciting or accepting orders for the purchase or sale of any 
commodity for future delivery or a swap and, in connection with the 
solicitation and acceptance of such orders, accepts money, 
securities or property (or extends credit in lieu thereof) to 
margin, guarantee or secure futures or swaps transactions, or (2) an 
entity registered as an FCM.
    \7\ CME Letter, pp. 13-14.

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[[Page 31079]]

B. Statutory and Regulatory Background

    FCMs perform critical functions to facilitate the efficient 
operation of Commission-regulated exchange-traded derivatives markets. 
In addition to trading for their own accounts and carrying the accounts 
of their affiliates, FCMs are market intermediaries, standing between 
customers trading futures and swaps transactions on one side and 
designated contract markets (``DCMs'') and derivatives clearing 
organizations (``DCOs'') on the other side. As part of their role as 
market intermediaries, FCMs carry customer accounts and hold customer 
funds to margin futures and cleared swap transactions. FCMs also 
fulfill daily settlement obligations on behalf of customers by posting 
sufficient funds to DCOs to support their customers' futures and swap 
positions, including paying mark-to-market losses associated with such 
positions. FCMs also are essential to the efficient operation of 
Commission-regulated markets in that they guarantee each customer's 
financial performance for futures and swap positions to DCOs by 
agreeing to use their own financial resources to cover any shortfall 
resulting from a customer default.\8\
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    \8\ See Regulation 39.16.
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    The Act acknowledges the critical role performed by FCMs. Section 
4f(b) of the Act authorizes the Commission to adopt regulations 
imposing minimum capital and financial reporting requirements on FCMs 
to help ensure that they maintain adequate financial resources to meet 
their obligations.\9\ Under this statutory authorization, the 
Commission adopted regulations requiring FCMs, among other 
requirements, to maintain a minimum level of regulatory capital,\10\ to 
segregate customer funds from their own funds in specially designated 
customer accounts,\11\ and to maintain appropriate risk management 
programs to monitor and manage the risks associated with their 
activities as FCMs.\12\
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    \9\ Section 4f(b) of the Act authorizes the Commission to adopt 
FCM minimum financial and related reporting requirements. Section 
4f(b) provides, in relevant part, that no person shall be registered 
as an FCM unless such person meets the minimum financial 
requirements that the Commission may prescribe by regulation as 
necessary to insure such person meets its obligations as a 
registrant, and each person registered as an FCM shall at all times 
continue to meet such prescribed minimum financial requirements.
    \10\ See Regulation 1.17 for FCM minimum capital requirements.
    \11\ See Regulations 1.20, 22.2, and 30.7 for FCM segregation 
requirements for customer accounts containing futures positions, 
swap positions, and foreign futures positions, respectively.
    \12\ See Regulation 1.11 for FCM risk management requirements.
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    The Commission also has adopted, under the authority granted by 
section 4f(b), regulations imposing periodic financial reporting 
requirements on FCMs that are intended to provide the Commission with 
information regarding their financial condition. The financial 
reporting requirements include daily statements demonstrating 
compliance with the segregation of customer funds requirements,\13\ 
monthly unaudited and annual audited financial statements,\14\ and 
regulatory notices upon the occurrence of specified events including 
failing to meet minimum capital requirements, failing to comply with 
segregation requirements, and failing to maintain current books and 
records.\15\
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    \13\ See Regulations 1.32, 22.2 and 30.7 for FCM requirements to 
prepare and to submit to the Commission daily segregation 
computations and schedules for customer futures, cleared swaps and 
foreign futures accounts, respectively.
    \14\ See Regulation 1.10 for FCM requirements to file unaudited 
monthly financial statements and annual audited financial 
statements.
    \15\ See Regulation 1.12.
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    In addition to authorizing the Commission to adopt regulations 
imposing direct financial and related reporting requirements, the Act 
further establishes a regulatory oversight structure that imposes an 
obligation on DCMs and registered futures associations (``RFAs''),\16\ 
as SROs, to perform frontline regulatory oversight of market 
intermediaries, including FCMs.\17\ In 2000, Congress affirmed this 
regulatory structure of industry self-regulation by amending section 3 
of the Act to state, in pertinent part, that it is the purpose of the 
Act to serve the public interests through a system of effective self-
regulation of trading facilities, clearing systems, market participants 
and market professionals under the oversight of the Commission.\18\
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    \16\ The National Futures Association (``NFA'') is the only 
registered RFA. NFA's financial requirements for FCMs are available 
at its website, www.nfa.futures.org.
    \17\ Section 3(b) of the Act.
    \18\ Section 108 of the Commodity Futures Modernization Act of 
2000, Public Law 106-554, 114 Stat. 2763 (Dec. 21, 2000).
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    To achieve the objective of a self-regulatory structure, the Act 
and Commission regulations require RFAs and DCMs to adopt financial and 
related reporting requirements for member FCMs, and to periodically 
examine FCMs for compliance with such requirements. Section 17(p) of 
the Act requires an RFA to establish and submit for Commission approval 
rules imposing minimum capital, segregation and other financial 
requirements applicable to its members for which such requirements are 
imposed by the Commission. The RFA's financial requirements for its 
members must be at least as stringent as those set by the Act or 
Commission regulations.\19\ Section 17(p) further provides that the RFA 
must implement a program to audit and enforce compliance by its members 
with the RFA's minimum financial requirements.\20\
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    \19\ See section 17(p)(2) of the Act.
    \20\ Id.
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    With respect to DCMs, section 5(d)(11)(B) of the Act and Regulation 
38.600 require, in relevant part, each DCM to implement rules to ensure 
the financial integrity of any member FCM and the protection of 
customer funds.\21\ DCMs also are required to monitor an FCM member's 
compliance with the DCM's minimum financial requirements by reviewing 
financial information filed with the DCM and by conducting periodic 
examinations of the FCM.\22\
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    \21\ See also, Regulation 38.602 which provides that a DCM must 
provide for the financial integrity of its transactions by 
establishing and maintaining appropriate minimum financial standards 
for its members and non-intermediated market participants, and 
Regulation 38.603 which requires a DCM to have rules concerning the 
protection of customer funds.
    \22\ See Regulations 38.600 through 38.605.
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    The Commission's and SRO's minimum financial requirements for 
member FCMs are intended to help ensure that FCMs can continue to meet 
their financial and operational obligations to both customers and DCOs, 
which is necessary in order for the Commission-regulated markets to 
operate efficiently and effectively.

C. Current Commission Regulation 1.52

    As noted in section I.B., above, the Act and Commission regulations 
establish SROs (i.e., DCMs and NFA) as frontline regulators for FCMs. 
Commission Regulation 1.52 establishes the minimum standards that the 
Commission requires of an SRO oversight program, and includes an 
explicit requirement that each SRO must adopt rules prescribing minimum 
financial and related reporting requirements for member FCMs that are 
the same as, or more stringent than, the requirements imposed by the 
Commission.\23\ Consistent with the requirements of Regulation 1.52, 
SROs have adopted rules imposing FCM capital and financial reporting 
requirements that are at least as stringent as the FCM capital and 
financial reporting requirements set

[[Page 31080]]

forth in applicable Commission regulations.\24\
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    \23\ See Regulation 1.52(b)(1).
    \24\ For example, CME Rule 970 imposes capital and financial 
reporting requirements on member FCMs that are at least as stringent 
as the Commission's capital and financial reporting requirements. 
CME rules may be accessed via the CME's website: http://www.cmegroup.com/rulebook/CME/I/9/9.pdf.
    NFA FCM capital and financial reporting requirements are set 
forth in Section 1 of the NFA's Financial Requirements section of 
its rulebook and may be accessed at NFA's website: https://www.nfa.futures.org/rulebook/index.aspx.
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    In 2013, the Commission adopted new rules and rule amendments to 
comprehensively enhance customer protections.\25\ As part of the 2013 
Customer Protection Rulemaking, the Commission amended Regulation 1.52 
to impose several additional obligations on SROs with respect to the 
oversight of FCMs. Amended Regulation 1.52 requires each SRO to 
establish and operate a supervisory program that includes written 
policies and procedures concerning the application of the supervisory 
program in the examination of its member registrants (including FCMs) 
for the purpose of assessing whether each member registrant is in 
compliance with applicable SRO and Commission regulations governing net 
capital and related financial requirements, the obligations to 
segregate customer funds, risk management requirements, financial 
reporting requirements, recordkeeping requirements, and sales practices 
and other compliance requirements. The supervisory program also must 
adequately address the following elements: (1) The level, training, and 
independence of SRO examination staff; (2) The SRO's ongoing 
surveillance of member FCMs, including the review and analysis of 
financial reports and regulatory notices received; (3) The SRO's 
procedures for identifying and monitoring FCMs that are deemed to pose 
a high degree of financial risk; (4) The SRO's conduct of on-site 
examination of FCMs by SRO staff at least once every 18 months; and (5) 
The documentation of all aspects of the SRO's operation of its 
supervisory program.
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    \25\ Enhancing Protections Afforded Customers and Customer Funds 
Held by Futures Commission Merchants and Derivatives Clearing 
Organizations, 78 FR 68506 (Nov. 14, 2013) (the ``2013 Customer 
Protection Rulemaking'').
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    The supervisory program also must, at a minimum, incorporate FCM 
examination standards addressing: (1) The ethics of an SRO examiner; 
(2) The independence of an SRO examiner; (3) The supervision, review, 
and quality control of an SRO examiner's work product; (4) The evidence 
and documentation to be reviewed and retained in connection with an 
examination; (5) The examination planning process; (6) Materiality 
assessment; (7) Quality control procedures to ensure that the SRO 
examinations maintain the level of quality expected; (8) Communications 
between an SRO examiner and the regulatory oversight committee, or the 
functional equivalent of the regulatory oversight committee, of the SRO 
of which the FCM is a member; (9) Communications between an SRO 
examiner and an FCM's audit committee of the board of directors or 
similar governing body; (10) Analytical review procedures; (11) Record 
retention; and (12) Required items for inclusion in the SRO's 
examination report, such as repeat violations, material items, and high 
risk issues.\26\ Regulation 1.52 further provides that all aspects of 
an SRO's supervisory program, including the FCM examination standards, 
must conform to auditing standards issued by the Public Company 
Accounting Oversight Board (``PCAOB'') as such PCAOB standards would 
apply to a non-financial statement audit.\27\
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    \26\ Regulation 1.52(c) and (d).
    \27\ The PCAOB is a nonprofit corporation established by 
Congress to oversee the audits of public companies in order to 
protect investors and the public interest by promoting informative, 
accurate, and independent audit reports. The PCAOB also oversees the 
audits of brokers and dealers registered with the Securities and 
Exchange Commission. The PCAOB was not, however, vested with the 
authority to oversee the audits of FCMs.
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    Regulation 1.52 also requires each SRO to engage an ``examinations 
expert'' to evaluate its supervisory program prior to its initial use, 
and to evaluate the SRO's application of the supervisory program at 
least once every three years after its initial use.\28\ For each 
evaluation, the SRO is required to obtain from the examinations expert 
a written report on findings and recommendations issued under the 
consulting services standards of the American Institute of Certified 
Public Accountants (``AICPA'') that includes: (1) A statement that the 
examinations expert has evaluated the supervisory program (including 
its design to detect material weaknesses in an FCM's system of internal 
controls), including any comments and recommendations regarding such 
evaluation; (2) A statement that the examinations expert has evaluated 
the application of the supervisory program by the SRO, including any 
comments and recommendations in connection with such evaluation; and, 
(3) A discussion and recommendations of any new or best practices as 
prescribed by industry sources, including the AICPA and PCAOB.
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    \28\ An ``examinations expert'' is defined in Regulation 1.52(a) 
as an accounting and auditing firm with substantial expertise in the 
audits of FCMs, risk assessment, and internal control reviews, and 
is an accounting and auditing firm that is acceptable to the 
Commission.
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II. Proposed Amendments to Regulation 1.52

A. Response To Request for Information

    The CME stated in its response to the Commission's Request for 
Information that it fully supported the Commission's objective of 
strengthening and enhancing SRO oversight programs for FCMs as set 
forth in the 2013 Customer Protection Rulemaking. CME further stated 
that it expended significant resources revising the FCM supervisory 
program to address the enhanced requirements of Regulation 1.52 that 
were imposed by the 2013 Customer Protection Rulemaking. In this 
regard, CME stated that it and NFA jointly engaged a public accounting 
firm as a consultant during the development of the FCM examination 
standards, and that the public accounting firm's expertise was 
extremely beneficial in drafting the initial FCM examination standards 
and revising its supervisory program to address such standards.
    The CME, however, also suggested that the Commission should 
eliminate the requirement for an SRO to engage an examinations expert 
once every three years to evaluate the SRO's supervisory program. The 
CME expressed its view that the engagement of an examinations expert at 
least once every three years does not provide any meaningful regulatory 
benefit. The CME noted that under the current regulatory framework, 
staff of the Commission's Division of Swap Dealer and Intermediary 
Oversight (``DSIO'') provides effective oversight of the SRO FCM 
examination programs through the conduct of its SRO rule enforcement 
reviews. The CME noted that it revises the FCM examinations programs to 
incorporate any regulatory changes adopted by the Commission or SROs, 
and provides the actual FCM examination programs, with the revisions, 
to DSIO staff for review at least once each year.
    Based upon the CME's response to the Commission's Request for 
Information, and Commission staff's firsthand experience in the CME's 
and NFA's implementation of their initial supervisory program,\29\ the 
Commission

[[Page 31081]]

is proposing several amendments to Regulation 1.52 to revise the time 
interval between mandatory examinations expert evaluations of the SRO 
supervisory program, and to amend the scope of the examinations 
expert's evaluation to focus on changes to auditing standards adopted 
by the PCAOB since the last examinations expert's evaluation. The 
Commission also is proposing several technical amendments to eliminate 
redundancies in the rule text.
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    \29\ Since adoption of the amendments to Regulation 1.52 
resulting from the 2013 Customer Protection Rulemaking, Commission 
staff has participated in several meetings with the CME, NFA, and 
their examinations expert to address issues and questions arising 
during the drafting of the initial examination standards and 
programs. In 2015, Commission staff, through delegated authority, 
approved the initial FCM examination standards, and in 2017 approved 
the CME's and NFA's examination programs. The examination standards 
and programs are now fully implemented and are used in each DSRO 
examination of an FCM.
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B. Scope of the Examinations Expert's Evaluation

    The examinations expert is currently required to evaluate, at least 
once every three years, (1) the supervisory program of an SRO or a 
Joint Audit Committee (``JAC''),\30\ and (2) the SRO's or JAC's 
application of its supervisory program.\31\ The SRO or JAC also is 
required to obtain from the examinations expert a written report on 
finding and recommendations issued under the consulting services 
standards of the AICPA that includes statements that the examinations 
expert has evaluated the supervisory program and the SRO's or JAC's 
application of the supervisory program, and an analysis of the 
supervisory program's design to detect material weaknesses in internal 
controls.
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    \30\ As many FCMs are members of more than one SRO, Regulation 
1.52 provides a permissive system that allows SROs to enter into 
agreements allocating primary, but not exclusive, financial 
oversight and examination responsibilities of FCMs that are members 
of two or more SROs to one of the SROs, which is termed the 
``designated self-regulatory organization'' (``DSRO''). The term 
``designated self-regulatory organization'' is generally defined in 
Regulation 1.3 to mean the SRO delegated the primary responsibility 
to monitor and exam registrants that are subject to oversight by 
more than one SRO for compliance with minimum financial and related 
reporting requirements, and for receiving financial reports from 
such registrants. SROs that agree to participate in a plan to 
allocate common members to a DSRO are referred to as JAC members 
under Regulation 1.52. The examination requirements proposed to be 
amended are effectively identical for SROs and JACs, and the 
Commission's proposed amendments would revise the examination 
requirements for both the SROs and JACs.
    \31\ Regulation 1.52(c)(2)(iv).
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    The Commission is proposing to amend Regulations 1.52(c)(2)(iv) and 
(d)(2)(ii)(I) to remove from the scope of the examinations expert's 
evaluation the SRO's or JAC's application of its supervisory program 
during periodic reviews and the analysis of the supervisory program's 
design to detect material weaknesses in internal controls during both 
periodic reviews and the initial review prior to the programs' initial 
use. The Commission initially adopted in 2013 the requirement that the 
examinations expert issue a written report on its findings and 
recommendations of the SRO's application of its supervisory program, 
including its internal controls, due to concerns that a third-party 
assessment was necessary due to limited Commission resources and 
expertise to perform a comparable periodic assessment.\32\ Since 2013, 
however, Commission staff has been actively involved with the NFA, CME, 
and their examinations expert in the development of a revised 
supervisory program that meets the requirements of Regulation 1.52, 
including the development of FCM examinations standards that are 
consistent with PCAOB auditing standards. Commission staff also has 
reviewed the detailed FCM examination programs, including several 
programs designed to assess the adequacy of an FCM's internal controls 
that were developed by the NFA and CME, for compliance with Regulation 
1.52. Commission staff also has been performing scheduled oversight 
reviews of NFA's and CME's execution of its revised supervisory 
program, including its implementation and execution of programs 
designed to assess the FCM's internal controls.
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    \32\ Customer Protection Rulemaking, 78 FR 65506, 68562.
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    Accordingly, following the adoption of the examination standards, 
the Commission believes that the scope of the examinations expert's 
review should be limited to the area of its expertise--auditing 
standards--and that engaging an independent third-party to review the 
entire program involves additional cost, but results only in a small, 
incremental benefit. Having assessed the implementation of the revised 
supervisory program, Commission staff has determined that it has 
adequate resources and expertise in the application of CFTC regulations 
to the operations of FCMs, and is appropriately situated to assess 
whether SRO and JAC staff are accurately and properly applying 
Commission requirements to FCMs in their execution of the examination 
programs. Commission staff's review of SRO and JAC supervisory programs 
includes detailed assessments of whether SRO or JAC staff complied with 
their respective FCM examination standards, including internal control 
testing and assessment, in the performance of FCM examinations. In this 
regard, Commission staff generally review, based on a risk-based 
approach, the most significant areas of an SRO's or JAC's FCM 
examination program during a review, including: (1) The staffing levels 
and adequate training and qualification of SRO or JAC staff members; 
(2) The detailed testing performed by SRO or JAC staff in each 
examination area (e.g., segregation of customer funds, capital 
compliance, and recordkeeping); (3) The timeliness and effectiveness of 
the SRO's or JAC's review of FCM financial reporting, including FCM 
daily segregation computations, monthly unaudited and annual audited 
financial statements, periodic reporting of customer investments, and 
periodic regulatory notices; and (4) The effectiveness of the SRO's or 
JAC's disciplinary program. Accordingly, the Commission believes that a 
more efficient balance of oversight can be achieved by focusing the 
examinations expert's evaluation on the SRO's or JAC's examination 
standards, which is an area of the examinations expert's particular 
expertise. While the Commission still notes that it has limited 
resources to perform a holistic review of the SRO's or JAC's 
examination program, covering both the design of the standards and the 
effectiveness of the audit program, the Commission believes, as noted 
above, that the proposed amendments strike a reasoned balance between 
the Commission's expertise and that of the examinations expert.
    The proposed amendments would continue to require an examinations 
expert to provide the SRO or JAC with a written report on the 
examinations expert's findings and recommendations. The Commission, 
however, is not mandating the form and content of the written report, 
other than that the report must accurately reflect the extent of the 
examinations expert's evaluation, and include any findings and 
recommendations resulting from its evaluation. The Commission is also 
proposing that the written report will be provided to the Director of 
the Division of Swap Dealer and Intermediary Oversight with the 
understanding that the report will be shared with the Commission.

C. Frequency of the Examinations Expert's Evaluation of an SRO's 
Supervisory Program

    Regulations 1.52(c)(2)(iv) and (d)(2)(ii)(I) require an SRO and 
JAC, respectively, to engage an examinations expert to evaluate their 
FCM supervisory programs prior to the initiation of the programs, and 
at least once every three years thereafter. The Commission believes 
that an

[[Page 31082]]

examinations expert's evaluation provides important oversight of the 
SRO FCM examination standards by an independent third-party that is an 
expert in the understanding and application of the auditing standards 
issued by the PCAOB. Accordingly, the Commission is not proposing to 
eliminate the requirement in Regulation 1.52 for an SRO or JAC to 
engage an examinations expert at the initiation of the development of 
its supervisory program, or at different periods of time after the 
initial evaluation.
    The Commission, however, further believes that the frequency of an 
examinations expert's evaluation of an SRO's or JAC's FCM examination 
standards should not be based upon a fixed timeframe of once every 
three years and is therefore proposing amendments that provide for 
flexibility dependent upon changes in auditing standards issued by the 
PCAOB.
    Accordingly, the Commission is proposing that SROs and JACs must 
review and revise their respective FCM examination standards promptly 
after the issuance of new or amended auditing standards by the PCAOB 
that have an impact on the FCM examination standards. The SRO or JAC 
also must engage an examinations expert to evaluate the consistency of 
the revised FCM examination standards with the PCAOB auditing standards 
whenever the SRO or JAC adopts material amendments to their respective 
FCM examination standards.\33\ The proposal would further provide the 
DSIO Director with the authority to direct an SRO or JAC to engage an 
examinations expert. This will address cases where DSIO staff believes 
that new or amended PCAOB audit standards have a material impact on FCM 
examinations standards, when an SRO of JAC has not otherwise engaged an 
examinations expert.\34\
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    \33\ The purpose of the proposal is for an SRO or JAC to 
promptly amend their respective FCM examination standards whenever 
the PCAOB issues new or revised auditing standards that are relevant 
to the SRO's or JAC's examinations of member FCMs. The SRO or JAC 
would further be required to engage an examinations expert to 
evaluate the consistency of any material amendments to the FCM 
examination standards with the PCAOB new or revised auditing 
standards. However, the Commission would not expect an SRO or JAC to 
engage an examinations expert if the amendments to the FCM 
examination standards are not material. The Commission also would 
not expect an SRO or JAC to engage an examinations expert more 
frequently than once every 12 months.
    In the context of the JAC, the annual JAC meeting required by 
Regulation 1.52(d) may serve as the appropriate forum for discussing 
amendments to the FCM examination standards, and if necessary, a 
vote of JAC members could determine that engagement of the 
examinations expert to more fully assess the supervisory program 
standards in the context of a non-financial statement audit is 
warranted.
    \34\ The Commission also notes that proposal does not prescribe 
a specific timeframe for which the SRO or JAC should implement any 
revised examination standards, but only that the adoption must occur 
``promptly.'' This is because the time needed to comport the newly 
adopted auditing standard into a newly adopted examination standard 
may vary depending on the complexity of the standard and whether the 
examinations expert has been engaged. For avoidance of any doubt, 
the Commission expects ``promptly'' adoption to occur within a 
reasonable amount of time under the circumstances. In the event that 
the adoption should take longer than one year from the time a PCAOB 
auditing standard is made effective, the SRO or JAC may petition the 
Director of the Division of Swap Dealer and Intermediary Oversight 
for a longer permitted adoption timeframe.
---------------------------------------------------------------------------

    The proposal would also set a requirement that an SRO or JAC must 
engage an examinations expert at least once every five years to address 
situations where the SRO or JAC have not considered any new or amended 
PCAOB auditing standards issued during the preceding five years to be 
material to the FCM examination standards. The Commission is proposing 
this five-year limit based upon the importance of the FCM examination 
process by SROs and JACs and its belief that third-party experts should 
evaluate the FCM examination standards at least once every five years 
to ensure that they are consistent with PCAOB auditing standards. The 
Commission requests specific comment on whether the amended timeframe 
of five years is appropriate, or whether a different timeframe would be 
more appropriate.
    In proposing the amendment to revise the FCM examination standards, 
the Commission is intending to limit the examinations expert's 
evaluation to those FCM examination standards that are new or revised 
since the last examinations expert's review or assessment. The 
Commission does not expect the examinations expert to re-assess each 
examination standard each time an evaluation is performed, but only 
those standards that may be susceptible to change based on the 
examinations expert's opinion, auditing standards adopted or amended by 
the PCAOB, and the examinations expert's understanding of the CFTC 
regulatory requirements in consultation with SRO or JAC.

D. Technical Amendments to Regulation 1.52

    The Commission is proposing several technical amendments to 
Regulation 1.52 which eliminate redundancies and simplify the intent of 
the rule. Specifically, the Commission is consolidating the FCM 
examination standards listed in paragraphs (c)(2)(ii) and (iii) of 
Regulation 1.52 governing SROs into a single revised Regulation 
1.52(c)(2)(ii).\35\ The Commission also is proposing to amend paragraph 
(d)(2)(ii)(F) to reflect the consolidation of the FCM examination 
standards in revised Regulation 1.52(c)(2)(ii).
---------------------------------------------------------------------------

    \35\ The Commission notes that current paragraphs (c)(2)(ii) and 
(d)(2)(ii)(F) both contain an explanatory sentence of what topics 
within PCAOB auditing standards should be used in order to conform 
the examination standards. The Commission reads paragraph 
(c)(2)(iii), and by cross-reference (d)(2)(ii)(G), to already 
include each of these topics. Moreover, paragraph (c)(2)(iii) more 
appropriately uses in this context the term ``examination,'' as 
opposed to ``audit'' to articulate this construction.
---------------------------------------------------------------------------

III. Cost-Benefit Considerations

A. Introduction

    Section 15(a) of the Act requires the CFTC to consider the costs 
and benefits of its actions before promulgating a regulation under the 
Act or issuing certain orders.\36\ Section 15(a) of the Act further 
specifies that the costs and benefits shall be evaluated in light of 
five broad areas of market and public concern: (1) Protection of market 
participants and the public; (2) efficiency, competitiveness, and 
financial integrity of futures markets; (3) price discovery; (4) sound 
risk management practices; and (5) other public interest 
considerations. The CFTC considers the costs and benefits resulting 
from its discretionary determinations with respect to the section 15(a) 
factors below.
---------------------------------------------------------------------------

    \36\ 7 U.S.C. 19(a).
---------------------------------------------------------------------------

    Where reasonably feasible, the CFTC endeavors to estimate 
quantifiable costs and benefits. Where quantification is not feasible, 
the CFTC identifies and describes costs and benefits qualitatively.
    The CFTC requests comment on the costs and benefits associated with 
the proposed rule amendments. In particular, the CFTC requests that 
commenters provide data and any other information or statistics that 
the commenters relied on to reach any conclusions regarding the CFTC's 
proposed considerations of costs and benefits.

B. Economic Baseline

    The CFTC's economic baseline for this proposed rule amendment 
analysis is the requirements of Regulation 1.52 that exist today. 
Specifically, current Regulation 1.52 requires an SRO or a JAC to 
engage an examinations expert to evaluate its supervisory program prior 
to its initial use, and to evaluate the SRO's application of the 
supervisory

[[Page 31083]]

program at least once every three years after its initial use.
    The Commission's proposal would not alter the requirement for an 
SRO or JAC to engage an examinations expert to evaluate its supervisory 
program prior to the initial use of the supervisory program. The 
Commission is proposing, however, to eliminate the requirement that the 
examinations expert must review the SRO's or JAC's ongoing application 
of its supervisory program during periodic reviews and the analysis of 
the supervisory program's design to detect material weaknesses in 
internal controls during both periodic reviews and the initial review 
prior to the program's initial use. The Commission also is proposing to 
revise the frequency of when an SRO or JAC must engage an examinations 
expert, as discussed below.
    The Commission's proposal to eliminate the requirement that an 
examinations expert evaluate an SRO's or JAC's application of its 
supervisory program and the program's design to detect material 
weaknesses in internal controls will reduce costs to the SROs and JACs. 
The proposal, however, would not substantially reduce the benefits 
obtained from an evaluation of the SROs' and JACs' supervisory program, 
including internal controls, as such reviews are performed by 
Commission staff on a routine basis. Commission staff evaluates the 
SRO's or JAC's execution of its supervisory program, including 
performing detailed reviews of SRO and JAC examination work papers, to 
assess the scope of the work performed by SRO and JAC staff members and 
to determine whether the conclusions reached by SRO and JAC staff 
members are supported by the work performed. Commission staff also 
reviews all SRO and JAC examination programs for conducting 
examinations of FCMs to assess the completeness of such programs and to 
determine that such programs properly reflect any regulatory updates, 
including rule amendments, adopted since the Commission staff's 
previous review of the examination programs. Reviews of execution and 
completeness of supervisory programs for FCMs occur no less frequently 
than annually. Commission staff has a particular expertise in 
determining whether registrants are in compliance with Commission 
regulatory requirements that makes a third-party review redundant.
    The Commission proposes to continue to require that an examinations 
expert review the FCM examination standards contained in the 
supervisory program for consistency with PCAOB auditing standards, but 
is proposing to revise the timeframe for such reviews. Currently, 
Regulation 1.52 requires an SRO or JAC to engage an examinations expert 
at least once every three years to perform such a review. The 
Commission is proposing to amend Regulation 1.52 to require an SRO or 
JAC to engage an examinations expert if the PCAOB issued new or revised 
auditing standards that are material to the SRO's or JAC's examination 
of member FCMs.
    The examinations expert's review, however, would be limited to only 
the new or revised PCAOB auditing standards that are applicable to the 
SRO's or JAC's examination of FCMs. Accordingly, the examinations 
expert would not have to review all of the SRO's or JAC's FCM 
examination standards for consistency with PCAOB audit standards. The 
proposal would further require an SRO or JAC to engage an examinations 
expert at least once every five years even if the SRO or JAC determined 
that the PCAOB did not issue new or revised auditing standards during 
the previous five-year period that are material to its examinations of 
member FCMs. Based on past experience, the Commission anticipates that 
the adoption of new or revised auditing standards that are material to 
examination standards applicable to FCMs will be infrequent, and 
therefore the triggering of an examinations expert review will also 
likely be an infrequent event.\37\ Finally, the proposal would provide 
that an SRO or JAC must engage an examinations expert if directed to by 
the Director of the Division of Swap Dealer and Intermediary 
Oversight.\38\
---------------------------------------------------------------------------

    \37\ Since 2016 PCAOB has adopted approximately two new 
standards, neither of which had a significant impact on the 
examination standards applicable to FCMs. See PCAOB website 
available at: https://pcaobus.org/Standards/Pages/Current_Activities_Related_to_Standards.aspx.
    \38\ For example, in circumstances where an SRO or JAC has not 
engaged an examination expert yet DSIO staff believes a material 
change to PCAOB auditing standards warrants such engagement.
---------------------------------------------------------------------------

    The proposed amendments to Regulation 1.52 are intended to 
streamline the process under which examinations experts conduct their 
reviews and the time period between those reviews. The Commission 
believes that these amendments will make conducting the reviews more 
efficient and less costly, while still balancing the importance of 
having an independent third-party examinations expert in auditing 
standards evaluating the examination standards used by SROs and the 
JAC.
    The Commission does not anticipate that there will be any 
significant increased costs associated with the proposed amendments. By 
narrowing the intended scope of examination reviews from an evaluation 
of the supervisory program to an assessment of the examinations 
standards for conformity with auditing standards established by the 
PCAOB as they apply to examinations, the Commission is purposely 
limiting the scope of the examinations expert's review. The Commission 
anticipates that this limitation, coupled with extending the time 
period between expert examiner reviews, will significantly limit the 
costs associated with engaging and hiring an examinations expert.\39\ 
Nonetheless, the Commission believes that these amendments 
appropriately balance the integrity of the examination program with its 
costs while continuing to ensure that there is sufficient oversight 
over the minimum financial requirements at FCMs. As noted, Commission 
staff reviews no less frequently than annually all SRO and JAC 
examination programs and anticipates that it will continue to do so. 
These Commission staff reviews will continue to provide the benefits 
that have been associated with the examinations experts' reviews.
---------------------------------------------------------------------------

    \39\ In the 2013 Customer Protection Rulemaking, the Commission 
found that it was not feasible to quantify any costs associated with 
utilizing an examinations expert, largely because several nationally 
recognized accounting firms expressed their reluctance to provide 
such information. While it is likely not feasible to quantify such 
costs for the use of an examinations expert under the proposed 
amendments, such costs are likely much less than the costs under the 
existing rule. See, 2013 Customer Protection Rulemaking at 68605.
---------------------------------------------------------------------------

C. CEA Section 15(a) Factors

i. Protection of Market Participants and the Public
    The Commission preliminarily believes that this proposal maintains 
the protection of market participants and the public provided by the 
current regulation. The proposal will continue to protect market 
participants and the public by ensuring that there is sufficient 
oversight over the minimum financial requirements at FCMs. As noted, 
the Commission believes that Commission staff is well-equipped to 
provide reviews that, under the proposal, would no longer be provided 
by outside examinations experts and Commission staff intends to 
continue to conduct such reviews.
ii. Efficiency, Competitiveness, and Financial Integrity of Markets
    The Commission preliminarily believes that Regulation 1.52 as 
amended will continue to help ensure that FCMs can meet their financial 
and

[[Page 31084]]

operational obligations to both customers and DCOs, which, along with 
the Commission's ongoing reviews, will continue to foster the 
efficiency and financial integrity of markets. The Commission has not 
identified any effect of Regulation 1.52 on the competitiveness of 
derivatives markets.
iii. Price Discovery
    The Commission has not identified any material effect of the 
proposed amendments on the price discovery process in futures and swap 
markets.
iv. Sound Risk Management Practices
    The Commission preliminarily believes that Regulation 1.52 as 
amended, along with the Commission's ongoing reviews, will continue to 
help ensure that FCMs can meet their financial and operational 
obligations to both customers and DCOs, which should continue to foster 
sound risk management practices.
v. Other Public Interest Considerations
    The Commission has not identified any additional public interest 
considerations associated with the proposal.

D. Consideration of Alternatives

    The Commission considered adopting the CME's suggestion to fully 
eliminate the requirement that a third-party public accounting firm 
perform periodic evaluations and assessments of an SRO's program to 
oversee its member FCMs' compliance with financial and related 
reporting requirements. The Commission determined instead to eliminate 
the requirement that the examinations expert must periodically review 
the SRO's or JAC's ongoing application of its supervisory program, 
while maintaining reviews of an FCM's examinations standards at a 
modified interval. The Commission preliminarily believes that there are 
significant benefits associated with having an outside auditor 
performing evaluations of examination standards at least every five 
years (and also when there are material and relevant changes in PCAOB 
auditing standards) as required by the proposed amendments. While, as 
noted, Commission staff is well-equipped to review the ongoing 
application of SRO and JAC supervisory programs and intends to continue 
to do so at least annually, the Commission believes that third-party 
public accounting firms are best equipped to perform evaluations of 
examination standards for conformity with auditing standards 
established by the PCAOB as they apply to examinations.
    The Commission also considered maintaining the current rule, but 
the Commission anticipates that the proposal will significantly reduce 
costs to SROs and JACs without materially impacting benefits.
    The CFTC requests comment on these alternatives as well as any 
other alternatives that commenters believe would present a superior 
cost-benefit profile to the proposal.

IV. Related Matters

A. Regulatory Flexibility Act

    The Regulatory Flexibility Act (``RFA'') \40\ requires Federal 
agencies, in promulgating regulations, to consider the impact of those 
regulations on small entities. The Commission has previously 
established certain definitions of ``small entities'' to be used by the 
Commission in evaluating the impact of its rules on small entities in 
accordance with the RFA.\41\ The proposed regulations would affect 
designated contract markets.
---------------------------------------------------------------------------

    \40\ 5 U.S.C. 601 et seq.
    \41\ 47 FR 18618 (Apr. 30, 1982).
---------------------------------------------------------------------------

    The Commission has previously determined that designated contract 
markets are not small entities for purposes of the RFA, and, thus, the 
requirements of the RFA do not apply to designated contract 
markets.\42\ Accordingly, the Chairman, on behalf of the Commission, 
certifies pursuant to 5 U.S.C. 605(b) that the proposed regulations 
would not have a significant economic impact on a substantial number of 
small entities.
---------------------------------------------------------------------------

    \42\ Id. at 18619.
---------------------------------------------------------------------------

B. Paperwork Reduction Act

    This proposed rulemaking does not amend existing information 
collection requirements. The Paperwork Reduction Act (``PRA'') provides 
that a federal agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid control number issued by the Office of Management and 
Budget (``OMB'').\43\ The Commission is proposing amendments to rules 
that have previously identified collections of information under a pre-
existing collection 3038-0052. The proposed amendments, however, only 
increase the respondents permitted time to file required information 
and reduce the requirements of review contained therein. As such, the 
previously identified response hours in collection 3038-0052 remain a 
reasonable burden hour estimate.
---------------------------------------------------------------------------

    \43\ 44 U.S.C. 3501 et seq.
---------------------------------------------------------------------------

    The collections contained in this rulemaking are mandatory 
collections. In formulating burden estimates for the collections in 
this rulemaking, to avoid double accounting of information collections 
that already have been assigned control numbers by OMB, or are covered 
as burden hours in collections of information pending before OMB, the 
PRA analysis provided in the proposed rulemaking, along with the 
information collection request (``ICR'') with burden estimates that 
were incorporated into the rulemaking by reference and submitted to 
OMB, accounted only burden estimates for collections of information 
that have not previously been submitted to OMB. The Commission invites 
comment on the collections of information contained in the proposed 
rulemaking only to the extent that the collections in the proposed 
rulemaking would increase the burden hours contained with respect to 
each of the related currently valid or proposed collections.

List of Subjects in 17 CFR Part 1

    Brokers, Commodity futures, Consumer protection, Reporting and 
recordkeeping requirements.

    For the reasons stated in the preamble, the Commodity Futures 
Trading Commission proposes to amend 17 CFR part 1 as follows:

PART 1--GENERAL REGULATIONS UNDER THE COMMODITY EXCHANGE ACT

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 7 U.S.C. 1a, 2, 5, 6, 6a, 6b, 6c, 6d, 6e, 6f, 6g, 6h, 
6i, 6k, 6l, 6m, 6n, 6o, 6p, 6r, 6s, 7, 7a-1, 7a-2, 7b, 7b-3, 8, 9, 
10a, 12, 12a, 12c, 13a, 13a-1, 16, 16a, 19, 21, 23, and 24 (2012).

0
2. Amend Sec.  1.52 as follows:
0
a. Revise paragraphs (c)(2)(ii), (iii), (iv), and (v);
0
b. Remove paragraphs (c)(2)(vi) and (vii);
0
c. Revise paragraphs (d)(2)(ii)(F), (G), (H), and (I);
0
d. Remove paragraphs (d)(2)(ii)(J) and (K); and
0
e. Revise paragraph (d)(2)(iii).
    The revisions read as follows:


Sec.  1.52   Self-regulatory organization adoption and surveillance of 
minimum financial requirements.

* * * * *
    (c) * * *
    (2) * * *
    (ii) The supervisory program must, at a minimum, have examination 
standards addressing the following:
    (A) The ethics of an examiner;

[[Page 31085]]

    (B) The independence of an examiner;
    (C) The supervision, review, and quality control of an examiner's 
work product;
    (D) The evidence and documentation to be reviewed and retained in 
connection with an examination;
    (E) The sampling size and techniques used in an examination;
    (F) The examination risk assessment process;
    (G) The examination planning process;
    (H) Materiality assessment;
    (I) Quality control procedures to ensure that the examinations 
maintain the level of quality expected;
    (J) Communications between an examiner and the regulatory oversight 
committee, or the functional equivalent of the regulatory oversight 
committee, of the self-regulatory organization of which the futures 
commission merchant is a member;
    (K) Communications between an examiner and a futures commission 
merchant's audit committee of the board of directors or other similar 
governing body;
    (L) Analytical review procedures;
    (M) Record retention; and
    (N) Required items for inclusion in the examination report, such as 
repeat violations, material items, and high risk issues. The 
examination report is intended solely for the information and use of 
the self-regulatory organizations and the Commission, and is not 
intended to be and should not be used by any other person or entity.
    (iii)(A) Prior to the initial implementation of the supervisory 
program, a self-regulatory organization must engage an examinations 
expert to evaluate the examination standards for consistency with 
auditing standards issued by the Public Company Accounting Oversight 
Board as such auditing standards are applicable in the context of the 
self-regulatory organization's examination of its futures commission 
merchant members. At least once every five years after the initial 
implementation of the supervisory program, a self-regulatory 
organization must engage an examinations expert to evaluate the 
examination standards for consistency with any new or amended auditing 
standards issued by the Public Company Accounting Oversight Board since 
the previous review performed by the examinations expert. At the 
conclusion of each evaluation, a self-regulatory organization must 
obtain a written report from the examinations expert in accordance with 
paragraph (c)(2)(iii)(C) of this section.
    (B) Notwithstanding paragraph (c)(2)(iii)(A) of this section, a 
self-regulatory organization must review any new or amended auditing 
standards issued by the Public Company Accounting Oversight Board, and 
must revise its examination standards promptly to reflect any changes 
in such auditing standards that are applicable in the context of the 
self-regulatory organization's examination of its futures commission 
merchant members. A self-regulatory organization must engage an 
examinations expert to evaluate any material revisions that the self-
regulatory organization makes to the examination standards to conform 
such standards with the Public Company Accounting Oversight Board's 
auditing standards, or if directed to engage an examinations expert by 
the Director of the Division of Swap Dealer and Intermediary Oversight. 
At the conclusion of each review, a self-regulatory organization must 
obtain a written report from the examinations expert in accordance with 
paragraph (c)(2)(iii)(C) of this section.
    (C) At the conclusion of the examinations expert's engagement 
pursuant to paragraph (c)(2)(iii)(A) or (B) of this section, the self-
regulatory organization must obtain from the examinations expert a 
written report on findings and recommendations issued under the 
consulting services standards of the American Institute of Certified 
Public Accountants. The self-regulatory organization must provide the 
Director of the Division of Swap Dealer and Intermediary Oversight with 
a copy of the examinations expert's written report, and the self-
regulatory organization's written responses to any of the examinations 
expert's findings and recommendations, within thirty days of the 
receipt thereof. Upon resolution of any questions or comments raised by 
the Division of Swap Dealer and Intermediary Oversight, and upon 
written notice from the Division of Swap Dealer and Intermediary 
Oversight that it has no further comments or questions on the 
examinations standards as amended (by reason of the examinations 
expert's proposals, consideration of the Division of Swap Dealer and 
Intermediary Oversight's questions or comments, or otherwise), the 
self-regulatory organization shall commence applying such examinations 
standards for examining its registered futures commission merchant 
members for all examinations conducted with an ``as of'' date later 
than the date of the Division of Swap Dealer and Intermediary's written 
notification.
    (iv) The supervisory program must require the self-regulatory 
organization to report to its risk and/or audit committee of the board 
of directors, or a functional equivalent committee, with timely reports 
of the activities and findings of the supervisory program to assist the 
risk and/or audit committee of the board of directors, or a functional 
equivalent committee, to fulfill its responsibility of overseeing the 
examination function.
    (v) The examinations expert's written report, the self-regulatory 
organization's response, if any, as well as any information concerning 
the supervisory program is confidential.
    (d) * * *
    (2) * * *
    (ii) * * *
    (F) The Joint Audit Program must include examination standards 
addressing the items listed in paragraph (c)(2)(ii) of this section.
    (G)(1) Prior to the initial implementation of the Joint Audit 
Program, the Joint Audit Committee must engage an examinations expert 
to evaluate the examination standards for consistency with auditing 
standards issued by the Public Company Accounting Oversight Board as 
such auditing standards are applicable in the context of the Joint 
Audit Committee's examination of its futures commission merchant 
members. At least once every five years after the initial 
implementation of the Joint Audit Program, the Joint Audit Committee 
must engage an examinations expert to evaluate the examination 
standards for consistency with any new or amended auditing standards 
issued by the Public Company Accounting Oversight Board since the 
previous review performed by the examinations expert. At the conclusion 
of each review, the Joint Audit Committee must obtain a written report 
from the examinations expert in accordance with paragraph 
(d)(2)(ii)(G)(3) of this section.
    (2) Notwithstanding paragraph (d)(2)(ii)(G)(1) of this section, the 
Joint Audit Committee must review any new or amended auditing standards 
issued by the Public Company Accounting Oversight Board, and must 
revise its examination standards promptly to reflect any changes in 
such auditing standards that are applicable in the context of the Joint 
Audit Committee's examination of its futures commission merchant 
members. The Joint Audit Committee must engage an examinations expert 
to evaluate any material revisions that the Joint Audit Committee makes 
to the examination standards to conform such standards with the Public 
Company Accounting Oversight Board's auditing standards, or if directed 
to engage an examinations expert by the Director of the Division of

[[Page 31086]]

Swap Dealer and Intermediary Oversight. The Joint Audit Committee must 
obtain a written report from the examinations expert in accordance with 
paragraph (d)(2)(ii)(G)(3) of this section.
    (3) At the conclusion of the examinations expert's engagement 
pursuant to paragraph (d)(2)(ii)(G)(1) or (2) of this section, the 
Joint Audit Committee must obtain from the examinations expert a 
written report on findings and recommendations issued under the 
consulting services standards of the American Institute of Certified 
Public Accountants. The Joint Audit Committee must provide the Director 
of the Division of Swap Dealer and Intermediary Oversight with a copy 
of the examinations expert's written report, and the Joint Audit 
Committee's written responses to any of the examinations expert's 
findings and recommendations, within thirty days of the receipt 
thereof. Upon resolution of any questions or comments raised by the 
Division of Swap Dealer and Intermediary Oversight, and upon written 
notice from the Division of Swap Dealer and Intermediary Oversight that 
it has no further comments or questions on the examinations standards 
as amended (by reason of the examinations expert's proposals, 
consideration of the Division of Swap Dealer and Intermediary 
Oversight's questions or comments, or otherwise), the Joint Audit 
Committee shall commence applying such examinations standards for 
examining its registered futures commission merchant members for all 
examinations conducted with an ``as of'' date later than the date of 
the Division of Swap Dealer and Intermediary's written notification.
    (H) The Joint Audit Program must require the Joint Audit Committee 
members to report to their respective risk and/or audit committee of 
their respective board of directors, or a functional equivalent 
committee, with timely reports of the activities and findings of the 
Joint Audit Program to assist the risk and/or audit committee of the 
board of directors, or a functional equivalent committee, to fulfill 
its responsibility of overseeing the examination function.
    (I) The examinations expert's written report, the Joint Audit 
Committee's response, if any, as well as any information concerning the 
supervisory program is confidential.
    (iii) Meetings of the Joint Audit Committee. (A) The Joint Audit 
Committee members must meet at least once each year. During such 
meetings, the Joint Audit Committee members shall consider revisions to 
the Joint Audit Program as a result of regulatory changes, revisions to 
the examination standards resulting from new or amended auditing 
standards issued by the Public Company Accounting Oversight Board, or 
the results of an examinations expert's review.
    (B) In addition to the items considered in paragraph (d)(2)(iii)(A) 
of this section, the Joint Audit Committee members must consider the 
following items during the meetings:
    (1) Coordinating and sharing information between the Joint Audit 
Committee members, including issues and industry concerns in connection 
with examinations of futures commission merchants;
    (2) Identifying industry regulatory reporting issues and financial 
and operational internal control issues and modifying the Joint Audit 
Program accordingly;
    (3) Issuing risk alerts for futures commission merchants and/or 
designated self-regulatory organization examiners on an as-needed 
basis;
    (4) Responding to industry issues; and
    (5) Providing industry feedback to Commission proposals.
    (C) Minutes must be taken of all meetings and distributed to all 
members on a timely basis.
    (D) The Director of the Division of Swap Dealer and Intermediary 
Oversight must receive timely prior notice of each meeting, have the 
right to attend and participate in each meeting and receive written 
copies of the minutes required pursuant to paragraph (d)(2)(iii)(C) of 
this section, respectively.
* * * * *

    Issued in Washington, DC, on June 28, 2018, by the Commission.
Christopher Kirkpatrick,
Secretary of the Commission.

    Note:  The following appendix will not appear in the Code of 
Federal Regulations.

Appendix to Financial Surveillance Examination Program Requirements for 
Self-Regulatory Organizations--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. 2018-14272 Filed 7-2-18; 8:45 am]
 BILLING CODE 6351-01-P



                                                  31078

                                                  Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                 Vol. 83, No. 128

                                                                                                                                                                 Tuesday, July 3, 2018



                                                  This section of the FEDERAL REGISTER                     possible delays with mail or in-person                Commission subsequently published in
                                                  contains notices to the public of the proposed           deliveries, submissions through the                   the Federal Register on May 9, 2017 a
                                                  issuance of rules and regulations. The                   CFTC Comments Portal are encouraged.                  Request for Information soliciting
                                                  purpose of these notices is to give interested              All comments must be submitted in                  suggestions from the public regarding
                                                  persons an opportunity to participate in the             English, or if not, accompanied by an                 how the Commission’s existing rules,
                                                  rule making prior to the adoption of the final
                                                  rules.
                                                                                                           English translation. Comments will be                 regulations, or practices could be
                                                                                                           posted as received to https://                        applied in a simpler, less burdensome,
                                                                                                           comments.cftc.gov. You should submit                  and costly manner.3
                                                  COMMODITY FUTURES TRADING                                only information that you wish to make                   The CME Group (‘‘CME’’) submitted
                                                  COMMISSION                                               available publicly. If you wish the                   suggestions on a variety of rules,
                                                                                                           Commission to consider information                    regulations, and practices in responses
                                                  17 CFR Part 1                                            that you believe is exempt from                       to the Commission’s Request for
                                                                                                           disclosure under the Freedom of                       Information.4 One area identified by
                                                  RIN 3038–AE73
                                                                                                           Information Act (‘‘FOIA’’), a petition for            CME for simplification and the
                                                  Financial Surveillance Examination                       confidential treatment of the exempt                  reduction of regulatory burden was
                                                  Program Requirements for Self-                           information may be submitted according                Regulation 1.52, which imposes an
                                                  Regulatory Organizations                                 to the procedures established in § 145.9              obligation on SROs 5 to conduct
                                                                                                           of the Commission’s regulations.1                     periodic examinations of member
                                                  AGENCY:  Commodity Futures Trading                          The Commission reserves the right,
                                                  Commission.                                                                                                    FCMs 6 for compliance with both SRO
                                                                                                           but shall have no obligation, to review,
                                                                                                                                                                 and Commission minimum capital and
                                                  ACTION: Proposed rule.                                   pre-screen, filter, redact, refuse or
                                                                                                                                                                 other financial and related reporting
                                                                                                           remove any or all of your submission
                                                  SUMMARY:   The Commodity Futures                                                                               requirements. Specifically, the CME
                                                                                                           from https://comments.cftc.gov that it
                                                  Trading Commission (‘‘Commission’’ or                                                                          suggested that Regulation 1.52 should
                                                                                                           may deem to be inappropriate for
                                                  ‘‘CFTC’’) is proposing to amend its                                                                            be amended to eliminate a requirement
                                                                                                           publication, such as obscene language.
                                                  regulations governing the minimum                                                                              that a third-party public accounting firm
                                                                                                           All submissions that have been redacted
                                                  standards for a self-regulatory                                                                                perform periodic evaluations and
                                                                                                           or removed that contain comments on
                                                  organization’s (‘‘SRO’’) financial                                                                             assessments of the CME’s surveillance
                                                                                                           the merits of the rulemaking will be
                                                  surveillance examination program of                                                                            program to oversee its member FCMs
                                                                                                           retained in the public comment file and
                                                  futures commission merchants                                                                                   compliance with Commission and CME
                                                                                                           will be considered as required under the
                                                  (‘‘FCMs’’). The proposed amendments                                                                            financial and related reporting
                                                                                                           Administrative Procedure Act and other
                                                  would revise the scope of a third-party                                                                        requirements.7
                                                                                                           applicable laws, and may be accessible
                                                  expert’s evaluation of the SRO’s                         under the FOIA.
                                                  financial surveillance program to cover                                                                        Futures Industry Conference in Boca Raton, FL,
                                                                                                           FOR FURTHER INFORMATION CONTACT:                      dated March 15, 2017. The remarks are available at
                                                  only the examination standards used by
                                                                                                           Matthew B. Kulkin, Director, 202–418–                 the Commission’s website: https://www.cftc.gov/
                                                  SRO staff in conducting FCM                                                                                    PressRoom/SpeechesTestimony/opagiancarlo-20.
                                                                                                           5213, mkulkin@cftc.gov; Thomas Smith,
                                                  examinations. The proposed                                                                                        3 Project KISS, 82 FR 21494 (May 9, 2017);
                                                                                                           Deputy Director, 202–418–5495,
                                                  amendments also would revise the                                                                               amended on May 24, 2017, 82 FR 23765 (May 24,
                                                                                                           tsmith@cftc.gov; Jennifer Bauer, Special              2017). The Federal Register Request for
                                                  minimum timeframes between when an
                                                                                                           Counsel, 202–418–5472, jbauer@                        Information, and the suggestion letters filed by the
                                                  SRO must engage a third-party expert to
                                                                                                           cftc.gov; or Joshua Beale, Special                    public are available at the Commission’s website:
                                                  evaluate its FCM examination                                                                                   https://comments.cftc.gov/KISS/KissInitiative.aspx.
                                                                                                           Counsel, 202–418–5446, jbeale@
                                                  standards.                                                                                                        4 See Letter from Kathleen Cronin, Senior
                                                                                                           cftc.gov, Division of Swap Dealer and                 Managing Director, General Counsel and Corporate
                                                  DATES:  Comments must be received on                     Intermediary Oversight, Commodity                     Secretary, CME Group, dated September 29, 2017.
                                                  or before September 4, 2018.                             Futures Trading Commission, Three                     The CME’s letter is available at the Commission’s
                                                  ADDRESSES: You may submit comments,                      Lafayette Centre, 1155 21st Street NW,                website: https://comments.cftc.gov/Public
                                                                                                                                                                 Comments/ViewComment.aspx?id=61395&Search
                                                  identified by RIN 3038–AE73, by any of                   Washington, DC 20581.                                 Text=.
                                                  the following methods:                                   SUPPLEMENTARY INFORMATION:                               5 The term ‘‘self-regulatory organization’’ is
                                                    • CFTC Comments Portal: https://                                                                             defined in Regulation 1.52 to include a contract
                                                  comments.cftc.gov. Select the ‘‘Submit                   I. Background                                         market (as defined in Regulation 1.3) or an RFA
                                                  Comments’’ link for this rulemaking and                                                                        under section 17 of the Commodity Exchange Act
                                                                                                           A. Commission Initiative to Simplify                  (‘‘Act’’) (7 U.S.C. 1 et seq.), but the term as defined
                                                  follow the instructions on the Public                    and Modernize Regulations                             in Regulation 1.52 does not include a swap
                                                  Comment Form.                                                                                                  execution facility (as defined in Regulation 1.3). See
                                                    • Mail: Send to Christopher                              In March of 2017, Commission staff                  Regulation 1.52(a)(2).
                                                  Kirkpatrick, Secretary of the                            initiated an agency-wide internal review                 6 The term ‘‘futures commission merchant’’ is
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                                                  Commission, Commodity Futures                            of CFTC regulations and practices to                  generally defined in Regulation 1.3 as (1) an entity
                                                  Trading Commission, Three Lafayette                      identify those areas that could be                    that is engaged in soliciting or accepting orders for
                                                                                                           simplified to make them less                          the purchase or sale of any commodity for future
                                                  Centre, 1155 21st Street NW,                                                                                   delivery or a swap and, in connection with the
                                                  Washington, DC 20581.                                    burdensome and costly.2 The                           solicitation and acceptance of such orders, accepts
                                                    • Hand Delivery/Courier: Follow the                      1 Regulation 145.9. Commission regulations
                                                                                                                                                                 money, securities or property (or extends credit in
                                                                                                                                                                 lieu thereof) to margin, guarantee or secure futures
                                                  same instructions as for Mail, above.                    referred to herein are found at 17 CFR chapter I.     or swaps transactions, or (2) an entity registered as
                                                  Please submit your comments using                          2 See Remarks of Acting Chairman J. Christopher     an FCM.
                                                  only one of these methods. To avoid                      Giancarlo before the 42nd Annual International           7 CME Letter, pp. 13–14.




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                                                                            Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules                                                   31079

                                                  B. Statutory and Regulatory Background                   associated with their activities as                   and other financial requirements
                                                                                                           FCMs.12                                               applicable to its members for which
                                                     FCMs perform critical functions to                       The Commission also has adopted,                   such requirements are imposed by the
                                                  facilitate the efficient operation of                    under the authority granted by section                Commission. The RFA’s financial
                                                  Commission-regulated exchange-traded                     4f(b), regulations imposing periodic                  requirements for its members must be at
                                                  derivatives markets. In addition to                      financial reporting requirements on                   least as stringent as those set by the Act
                                                  trading for their own accounts and                       FCMs that are intended to provide the                 or Commission regulations.19 Section
                                                  carrying the accounts of their affiliates,               Commission with information regarding                 17(p) further provides that the RFA
                                                  FCMs are market intermediaries,                          their financial condition. The financial              must implement a program to audit and
                                                  standing between customers trading                       reporting requirements include daily                  enforce compliance by its members with
                                                  futures and swaps transactions on one                    statements demonstrating compliance                   the RFA’s minimum financial
                                                  side and designated contract markets                     with the segregation of customer funds                requirements.20
                                                  (‘‘DCMs’’) and derivatives clearing                      requirements,13 monthly unaudited and
                                                                                                                                                                    With respect to DCMs, section
                                                  organizations (‘‘DCOs’’) on the other                    annual audited financial statements,14
                                                                                                                                                                 5(d)(11)(B) of the Act and Regulation
                                                  side. As part of their role as market                    and regulatory notices upon the
                                                                                                                                                                 38.600 require, in relevant part, each
                                                  intermediaries, FCMs carry customer                      occurrence of specified events including
                                                                                                                                                                 DCM to implement rules to ensure the
                                                  accounts and hold customer funds to                      failing to meet minimum capital
                                                                                                           requirements, failing to comply with                  financial integrity of any member FCM
                                                  margin futures and cleared swap                                                                                and the protection of customer funds.21
                                                  transactions. FCMs also fulfill daily                    segregation requirements, and failing to
                                                                                                           maintain current books and records.15                 DCMs also are required to monitor an
                                                  settlement obligations on behalf of                         In addition to authorizing the                     FCM member’s compliance with the
                                                  customers by posting sufficient funds to                 Commission to adopt regulations                       DCM’s minimum financial requirements
                                                  DCOs to support their customers’                         imposing direct financial and related                 by reviewing financial information filed
                                                  futures and swap positions, including                    reporting requirements, the Act further               with the DCM and by conducting
                                                  paying mark-to-market losses associated                  establishes a regulatory oversight                    periodic examinations of the FCM.22
                                                  with such positions. FCMs also are                       structure that imposes an obligation on                  The Commission’s and SRO’s
                                                  essential to the efficient operation of                  DCMs and registered futures                           minimum financial requirements for
                                                  Commission-regulated markets in that                     associations (‘‘RFAs’’),16 as SROs, to                member FCMs are intended to help
                                                  they guarantee each customer’s financial                 perform frontline regulatory oversight of             ensure that FCMs can continue to meet
                                                  performance for futures and swap                         market intermediaries, including                      their financial and operational
                                                  positions to DCOs by agreeing to use                     FCMs.17 In 2000, Congress affirmed this               obligations to both customers and DCOs,
                                                  their own financial resources to cover                   regulatory structure of industry self-                which is necessary in order for the
                                                  any shortfall resulting from a customer                  regulation by amending section 3 of the               Commission-regulated markets to
                                                  default.8                                                Act to state, in pertinent part, that it is           operate efficiently and effectively.
                                                     The Act acknowledges the critical role                the purpose of the Act to serve the
                                                                                                           public interests through a system of                  C. Current Commission Regulation 1.52
                                                  performed by FCMs. Section 4f(b) of the
                                                                                                           effective self-regulation of trading                     As noted in section I.B., above, the
                                                  Act authorizes the Commission to adopt
                                                                                                           facilities, clearing systems, market                  Act and Commission regulations
                                                  regulations imposing minimum capital
                                                                                                           participants and market professionals                 establish SROs (i.e., DCMs and NFA) as
                                                  and financial reporting requirements on                  under the oversight of the
                                                  FCMs to help ensure that they maintain                                                                         frontline regulators for FCMs.
                                                                                                           Commission.18                                         Commission Regulation 1.52 establishes
                                                  adequate financial resources to meet                        To achieve the objective of a self-
                                                  their obligations.9 Under this statutory                                                                       the minimum standards that the
                                                                                                           regulatory structure, the Act and
                                                  authorization, the Commission adopted                                                                          Commission requires of an SRO
                                                                                                           Commission regulations require RFAs
                                                  regulations requiring FCMs, among                                                                              oversight program, and includes an
                                                                                                           and DCMs to adopt financial and related
                                                  other requirements, to maintain a                        reporting requirements for member                     explicit requirement that each SRO
                                                  minimum level of regulatory capital,10                   FCMs, and to periodically examine                     must adopt rules prescribing minimum
                                                  to segregate customer funds from their                   FCMs for compliance with such                         financial and related reporting
                                                  own funds in specially designated                        requirements. Section 17(p) of the Act                requirements for member FCMs that are
                                                                                                           requires an RFA to establish and submit               the same as, or more stringent than, the
                                                  customer accounts,11 and to maintain
                                                                                                           for Commission approval rules                         requirements imposed by the
                                                  appropriate risk management programs
                                                                                                           imposing minimum capital, segregation                 Commission.23 Consistent with the
                                                  to monitor and manage the risks
                                                                                                                                                                 requirements of Regulation 1.52, SROs
                                                    8 See
                                                                                                              12 See Regulation 1.11 for FCM risk management     have adopted rules imposing FCM
                                                          Regulation 39.16.
                                                    9 Section                                              requirements.                                         capital and financial reporting
                                                              4f(b) of the Act authorizes the
                                                  Commission to adopt FCM minimum financial and
                                                                                                              13 See Regulations 1.32, 22.2 and 30.7 for FCM     requirements that are at least as
                                                  related reporting requirements. Section 4f(b)            requirements to prepare and to submit to the          stringent as the FCM capital and
                                                                                                           Commission daily segregation computations and
                                                  provides, in relevant part, that no person shall be
                                                                                                           schedules for customer futures, cleared swaps and
                                                                                                                                                                 financial reporting requirements set
                                                  registered as an FCM unless such person meets the
                                                  minimum financial requirements that the                  foreign futures accounts, respectively.
                                                                                                              14 See Regulation 1.10 for FCM requirements to       19 See   section 17(p)(2) of the Act.
                                                  Commission may prescribe by regulation as
                                                  necessary to insure such person meets its                file unaudited monthly financial statements and         20 Id.
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                                                  obligations as a registrant, and each person             annual audited financial statements.                    21 See also, Regulation 38.602 which provides
                                                                                                              15 See Regulation 1.12.
                                                  registered as an FCM shall at all times continue to                                                            that a DCM must provide for the financial integrity
                                                  meet such prescribed minimum financial                      16 The National Futures Association (‘‘NFA’’) is   of its transactions by establishing and maintaining
                                                  requirements.                                            the only registered RFA. NFA’s financial              appropriate minimum financial standards for its
                                                    10 See Regulation 1.17 for FCM minimum capital         requirements for FCMs are available at its website,   members and non-intermediated market
                                                  requirements.                                            www.nfa.futures.org.                                  participants, and Regulation 38.603 which requires
                                                    11 See Regulations 1.20, 22.2, and 30.7 for FCM           17 Section 3(b) of the Act.                        a DCM to have rules concerning the protection of
                                                  segregation requirements for customer accounts              18 Section 108 of the Commodity Futures            customer funds.
                                                                                                                                                                   22 See Regulations 38.600 through 38.605.
                                                  containing futures positions, swap positions, and        Modernization Act of 2000, Public Law 106–554,
                                                  foreign futures positions, respectively.                 114 Stat. 2763 (Dec. 21, 2000).                         23 See Regulation 1.52(b)(1).




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                                                  31080                     Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules

                                                  forth in applicable Commission                           retained in connection with an                            such evaluation; and, (3) A discussion
                                                  regulations.24                                           examination; (5) The examination                          and recommendations of any new or
                                                     In 2013, the Commission adopted new                   planning process; (6) Materiality                         best practices as prescribed by industry
                                                  rules and rule amendments to                             assessment; (7) Quality control                           sources, including the AICPA and
                                                  comprehensively enhance customer                         procedures to ensure that the SRO                         PCAOB.
                                                  protections.25 As part of the 2013                       examinations maintain the level of
                                                  Customer Protection Rulemaking, the                                                                                II. Proposed Amendments to Regulation
                                                                                                           quality expected; (8) Communications
                                                  Commission amended Regulation 1.52                                                                                 1.52
                                                                                                           between an SRO examiner and the
                                                  to impose several additional obligations                 regulatory oversight committee, or the                    A. Response To Request for Information
                                                  on SROs with respect to the oversight of                 functional equivalent of the regulatory                     The CME stated in its response to the
                                                  FCMs. Amended Regulation 1.52                            oversight committee, of the SRO of                        Commission’s Request for Information
                                                  requires each SRO to establish and                       which the FCM is a member; (9)                            that it fully supported the Commission’s
                                                  operate a supervisory program that                       Communications between an SRO                             objective of strengthening and
                                                  includes written policies and                            examiner and an FCM’s audit committee                     enhancing SRO oversight programs for
                                                  procedures concerning the application                    of the board of directors or similar                      FCMs as set forth in the 2013 Customer
                                                  of the supervisory program in the                        governing body; (10) Analytical review                    Protection Rulemaking. CME further
                                                  examination of its member registrants                    procedures; (11) Record retention; and                    stated that it expended significant
                                                  (including FCMs) for the purpose of                      (12) Required items for inclusion in the                  resources revising the FCM supervisory
                                                  assessing whether each member                            SRO’s examination report, such as                         program to address the enhanced
                                                  registrant is in compliance with                         repeat violations, material items, and                    requirements of Regulation 1.52 that
                                                  applicable SRO and Commission                            high risk issues.26 Regulation 1.52                       were imposed by the 2013 Customer
                                                  regulations governing net capital and                    further provides that all aspects of an                   Protection Rulemaking. In this regard,
                                                  related financial requirements, the                      SRO’s supervisory program, including                      CME stated that it and NFA jointly
                                                  obligations to segregate customer funds,                 the FCM examination standards, must                       engaged a public accounting firm as a
                                                  risk management requirements,                            conform to auditing standards issued by                   consultant during the development of
                                                  financial reporting requirements,                        the Public Company Accounting                             the FCM examination standards, and
                                                  recordkeeping requirements, and sales                    Oversight Board (‘‘PCAOB’’) as such                       that the public accounting firm’s
                                                  practices and other compliance                           PCAOB standards would apply to a non-                     expertise was extremely beneficial in
                                                  requirements. The supervisory program                    financial statement audit.27                              drafting the initial FCM examination
                                                  also must adequately address the                            Regulation 1.52 also requires each                     standards and revising its supervisory
                                                  following elements: (1) The level,                       SRO to engage an ‘‘examinations                           program to address such standards.
                                                  training, and independence of SRO                        expert’’ to evaluate its supervisory                        The CME, however, also suggested
                                                  examination staff; (2) The SRO’s                         program prior to its initial use, and to                  that the Commission should eliminate
                                                  ongoing surveillance of member FCMs,                     evaluate the SRO’s application of the                     the requirement for an SRO to engage an
                                                  including the review and analysis of                     supervisory program at least once every                   examinations expert once every three
                                                  financial reports and regulatory notices                 three years after its initial use.28 For                  years to evaluate the SRO’s supervisory
                                                  received; (3) The SRO’s procedures for                   each evaluation, the SRO is required to                   program. The CME expressed its view
                                                  identifying and monitoring FCMs that                     obtain from the examinations expert a                     that the engagement of an examinations
                                                  are deemed to pose a high degree of                      written report on findings and                            expert at least once every three years
                                                  financial risk; (4) The SRO’s conduct of                 recommendations issued under the                          does not provide any meaningful
                                                  on-site examination of FCMs by SRO                       consulting services standards of the                      regulatory benefit. The CME noted that
                                                  staff at least once every 18 months; and                 American Institute of Certified Public                    under the current regulatory framework,
                                                  (5) The documentation of all aspects of                  Accountants (‘‘AICPA’’) that includes:                    staff of the Commission’s Division of
                                                  the SRO’s operation of its supervisory                   (1) A statement that the examinations                     Swap Dealer and Intermediary
                                                  program.                                                 expert has evaluated the supervisory                      Oversight (‘‘DSIO’’) provides effective
                                                     The supervisory program also must, at                 program (including its design to detect                   oversight of the SRO FCM examination
                                                  a minimum, incorporate FCM                               material weaknesses in an FCM’s system                    programs through the conduct of its
                                                  examination standards addressing: (1)                    of internal controls), including any                      SRO rule enforcement reviews. The
                                                  The ethics of an SRO examiner; (2) The                   comments and recommendations                              CME noted that it revises the FCM
                                                  independence of an SRO examiner; (3)                     regarding such evaluation; (2) A                          examinations programs to incorporate
                                                  The supervision, review, and quality                     statement that the examinations expert                    any regulatory changes adopted by the
                                                  control of an SRO examiner’s work                        has evaluated the application of the                      Commission or SROs, and provides the
                                                  product; (4) The evidence and                            supervisory program by the SRO,                           actual FCM examination programs, with
                                                  documentation to be reviewed and                         including any comments and                                the revisions, to DSIO staff for review at
                                                                                                           recommendations in connection with                        least once each year.
                                                    24 For example, CME Rule 970 imposes capital

                                                  and financial reporting requirements on member                26 Regulation
                                                                                                                                                                       Based upon the CME’s response to the
                                                                                                                            1.52(c) and (d).
                                                  FCMs that are at least as stringent as the                    27 The
                                                                                                                                                                     Commission’s Request for Information,
                                                                                                                     PCAOB is a nonprofit corporation
                                                  Commission’s capital and financial reporting             established by Congress to oversee the audits of          and Commission staff’s firsthand
                                                  requirements. CME rules may be accessed via the          public companies in order to protect investors and        experience in the CME’s and NFA’s
                                                  CME’s website: http://www.cmegroup.com/                  the public interest by promoting informative,
                                                  rulebook/CME/I/9/9.pdf.                                                                                            implementation of their initial
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                                                                                                           accurate, and independent audit reports. The
                                                    NFA FCM capital and financial reporting                PCAOB also oversees the audits of brokers and
                                                                                                                                                                     supervisory program,29 the Commission
                                                  requirements are set forth in Section 1 of the NFA’s     dealers registered with the Securities and Exchange
                                                  Financial Requirements section of its rulebook and       Commission. The PCAOB was not, however, vested               29 Since adoption of the amendments to
                                                  may be accessed at NFA’s website: https://               with the authority to oversee the audits of FCMs.         Regulation 1.52 resulting from the 2013 Customer
                                                  www.nfa.futures.org/rulebook/index.aspx.                    28 An ‘‘examinations expert’’ is defined in            Protection Rulemaking, Commission staff has
                                                    25 Enhancing Protections Afforded Customers and                                                                  participated in several meetings with the CME,
                                                                                                           Regulation 1.52(a) as an accounting and auditing
                                                  Customer Funds Held by Futures Commission                firm with substantial expertise in the audits of          NFA, and their examinations expert to address
                                                  Merchants and Derivatives Clearing Organizations,        FCMs, risk assessment, and internal control               issues and questions arising during the drafting of
                                                  78 FR 68506 (Nov. 14, 2013) (the ‘‘2013 Customer         reviews, and is an accounting and auditing firm that      the initial examination standards and programs. In
                                                  Protection Rulemaking’’).                                is acceptable to the Commission.                          2015, Commission staff, through delegated



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                                                                             Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules                                          31081

                                                  is proposing several amendments to                       during both periodic reviews and the                  based on a risk-based approach, the
                                                  Regulation 1.52 to revise the time                       initial review prior to the programs’                 most significant areas of an SRO’s or
                                                  interval between mandatory                               initial use. The Commission initially                 JAC’s FCM examination program during
                                                  examinations expert evaluations of the                   adopted in 2013 the requirement that                  a review, including: (1) The staffing
                                                  SRO supervisory program, and to amend                    the examinations expert issue a written               levels and adequate training and
                                                  the scope of the examinations expert’s                   report on its findings and                            qualification of SRO or JAC staff
                                                  evaluation to focus on changes to                        recommendations of the SRO’s                          members; (2) The detailed testing
                                                  auditing standards adopted by the                        application of its supervisory program,               performed by SRO or JAC staff in each
                                                  PCAOB since the last examinations                        including its internal controls, due to               examination area (e.g., segregation of
                                                  expert’s evaluation. The Commission                      concerns that a third-party assessment                customer funds, capital compliance, and
                                                  also is proposing several technical                      was necessary due to limited                          recordkeeping); (3) The timeliness and
                                                  amendments to eliminate redundancies                     Commission resources and expertise to                 effectiveness of the SRO’s or JAC’s
                                                  in the rule text.                                        perform a comparable periodic                         review of FCM financial reporting,
                                                                                                           assessment.32 Since 2013, however,                    including FCM daily segregation
                                                  B. Scope of the Examinations Expert’s                                                                          computations, monthly unaudited and
                                                                                                           Commission staff has been actively
                                                  Evaluation                                               involved with the NFA, CME, and their                 annual audited financial statements,
                                                     The examinations expert is currently                  examinations expert in the development                periodic reporting of customer
                                                  required to evaluate, at least once every                of a revised supervisory program that                 investments, and periodic regulatory
                                                  three years, (1) the supervisory program                 meets the requirements of Regulation                  notices; and (4) The effectiveness of the
                                                  of an SRO or a Joint Audit Committee                     1.52, including the development of FCM                SRO’s or JAC’s disciplinary program.
                                                  (‘‘JAC’’),30 and (2) the SRO’s or JAC’s                  examinations standards that are                       Accordingly, the Commission believes
                                                  application of its supervisory                           consistent with PCAOB auditing                        that a more efficient balance of oversight
                                                  program.31 The SRO or JAC also is                        standards. Commission staff also has                  can be achieved by focusing the
                                                  required to obtain from the                              reviewed the detailed FCM examination                 examinations expert’s evaluation on the
                                                  examinations expert a written report on                  programs, including several programs                  SRO’s or JAC’s examination standards,
                                                  finding and recommendations issued                       designed to assess the adequacy of an                 which is an area of the examinations
                                                  under the consulting services standards                  FCM’s internal controls that were                     expert’s particular expertise. While the
                                                  of the AICPA that includes statements                    developed by the NFA and CME, for                     Commission still notes that it has
                                                  that the examinations expert has                         compliance with Regulation 1.52.                      limited resources to perform a holistic
                                                  evaluated the supervisory program and                    Commission staff also has been                        review of the SRO’s or JAC’s
                                                  the SRO’s or JAC’s application of the                    performing scheduled oversight reviews                examination program, covering both the
                                                  supervisory program, and an analysis of                  of NFA’s and CME’s execution of its                   design of the standards and the
                                                  the supervisory program’s design to                      revised supervisory program, including                effectiveness of the audit program, the
                                                  detect material weaknesses in internal                   its implementation and execution of                   Commission believes, as noted above,
                                                  controls.                                                programs designed to assess the FCM’s                 that the proposed amendments strike a
                                                     The Commission is proposing to                        internal controls.                                    reasoned balance between the
                                                  amend Regulations 1.52(c)(2)(iv) and                        Accordingly, following the adoption                Commission’s expertise and that of the
                                                  (d)(2)(ii)(I) to remove from the scope of                of the examination standards, the                     examinations expert.
                                                  the examinations expert’s evaluation the                 Commission believes that the scope of                    The proposed amendments would
                                                  SRO’s or JAC’s application of its                        the examinations expert’s review should               continue to require an examinations
                                                  supervisory program during periodic                      be limited to the area of its expertise—              expert to provide the SRO or JAC with
                                                  reviews and the analysis of the                          auditing standards—and that engaging                  a written report on the examinations
                                                  supervisory program’s design to detect                   an independent third-party to review                  expert’s findings and recommendations.
                                                  material weaknesses in internal controls                 the entire program involves additional                The Commission, however, is not
                                                                                                           cost, but results only in a small,                    mandating the form and content of the
                                                  authority, approved the initial FCM examination          incremental benefit. Having assessed the              written report, other than that the report
                                                  standards, and in 2017 approved the CME’s and            implementation of the revised                         must accurately reflect the extent of the
                                                  NFA’s examination programs. The examination              supervisory program, Commission staff                 examinations expert’s evaluation, and
                                                  standards and programs are now fully implemented
                                                  and are used in each DSRO examination of an FCM.         has determined that it has adequate                   include any findings and
                                                     30 As many FCMs are members of more than one          resources and expertise in the                        recommendations resulting from its
                                                  SRO, Regulation 1.52 provides a permissive system        application of CFTC regulations to the                evaluation. The Commission is also
                                                  that allows SROs to enter into agreements allocating     operations of FCMs, and is                            proposing that the written report will be
                                                  primary, but not exclusive, financial oversight and                                                            provided to the Director of the Division
                                                  examination responsibilities of FCMs that are
                                                                                                           appropriately situated to assess whether
                                                  members of two or more SROs to one of the SROs,          SRO and JAC staff are accurately and                  of Swap Dealer and Intermediary
                                                  which is termed the ‘‘designated self-regulatory         properly applying Commission                          Oversight with the understanding that
                                                  organization’’ (‘‘DSRO’’). The term ‘‘designated self-   requirements to FCMs in their execution               the report will be shared with the
                                                  regulatory organization’’ is generally defined in                                                              Commission.
                                                  Regulation 1.3 to mean the SRO delegated the
                                                                                                           of the examination programs.
                                                  primary responsibility to monitor and exam               Commission staff’s review of SRO and                  C. Frequency of the Examinations
                                                  registrants that are subject to oversight by more than   JAC supervisory programs includes                     Expert’s Evaluation of an SRO’s
                                                  one SRO for compliance with minimum financial            detailed assessments of whether SRO or
                                                  and related reporting requirements, and for                                                                    Supervisory Program
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                                                  receiving financial reports from such registrants.
                                                                                                           JAC staff complied with their respective
                                                                                                           FCM examination standards, including                    Regulations 1.52(c)(2)(iv) and
                                                  SROs that agree to participate in a plan to allocate
                                                  common members to a DSRO are referred to as JAC          internal control testing and assessment,              (d)(2)(ii)(I) require an SRO and JAC,
                                                  members under Regulation 1.52. The examination           in the performance of FCM                             respectively, to engage an examinations
                                                  requirements proposed to be amended are
                                                                                                           examinations. In this regard,                         expert to evaluate their FCM
                                                  effectively identical for SROs and JACs, and the                                                               supervisory programs prior to the
                                                  Commission’s proposed amendments would revise            Commission staff generally review,
                                                  the examination requirements for both the SROs                                                                 initiation of the programs, and at least
                                                  and JACs.                                                  32 Customer Protection Rulemaking, 78 FR 65506,     once every three years thereafter. The
                                                     31 Regulation 1.52(c)(2)(iv).                         68562.                                                Commission believes that an


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                                                  31082                     Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules

                                                  examinations expert’s evaluation                         an SRO of JAC has not otherwise                       consolidating the FCM examination
                                                  provides important oversight of the SRO                  engaged an examinations expert.34                     standards listed in paragraphs (c)(2)(ii)
                                                  FCM examination standards by an                             The proposal would also set a                      and (iii) of Regulation 1.52 governing
                                                  independent third-party that is an                       requirement that an SRO or JAC must                   SROs into a single revised Regulation
                                                  expert in the understanding and                          engage an examinations expert at least                1.52(c)(2)(ii).35 The Commission also is
                                                  application of the auditing standards                    once every five years to address                      proposing to amend paragraph
                                                  issued by the PCAOB. Accordingly, the                    situations where the SRO or JAC have                  (d)(2)(ii)(F) to reflect the consolidation
                                                  Commission is not proposing to                           not considered any new or amended                     of the FCM examination standards in
                                                  eliminate the requirement in Regulation                  PCAOB auditing standards issued                       revised Regulation 1.52(c)(2)(ii).
                                                  1.52 for an SRO or JAC to engage an                      during the preceding five years to be                 III. Cost-Benefit Considerations
                                                  examinations expert at the initiation of                 material to the FCM examination
                                                  the development of its supervisory                       standards. The Commission is                      A. Introduction
                                                  program, or at different periods of time                 proposing this five-year limit based                 Section 15(a) of the Act requires the
                                                  after the initial evaluation.                            upon the importance of the FCM                    CFTC to consider the costs and benefits
                                                     The Commission, however, further                      examination process by SROs and JACs              of its actions before promulgating a
                                                                                                           and its belief that third-party experts           regulation under the Act or issuing
                                                  believes that the frequency of an
                                                                                                           should evaluate the FCM examination               certain orders.36 Section 15(a) of the Act
                                                  examinations expert’s evaluation of an
                                                                                                           standards at least once every five years          further specifies that the costs and
                                                  SRO’s or JAC’s FCM examination
                                                                                                           to ensure that they are consistent with           benefits shall be evaluated in light of
                                                  standards should not be based upon a
                                                                                                           PCAOB auditing standards. The                     five broad areas of market and public
                                                  fixed timeframe of once every three
                                                                                                           Commission requests specific comment              concern: (1) Protection of market
                                                  years and is therefore proposing
                                                                                                           on whether the amended timeframe of               participants and the public; (2)
                                                  amendments that provide for flexibility
                                                                                                           five years is appropriate, or whether a           efficiency, competitiveness, and
                                                  dependent upon changes in auditing
                                                                                                           different timeframe would be more                 financial integrity of futures markets; (3)
                                                  standards issued by the PCAOB.
                                                                                                           appropriate.                                      price discovery; (4) sound risk
                                                     Accordingly, the Commission is                           In proposing the amendment to revise           management practices; and (5) other
                                                  proposing that SROs and JACs must                        the FCM examination standards, the                public interest considerations. The
                                                  review and revise their respective FCM                   Commission is intending to limit the              CFTC considers the costs and benefits
                                                  examination standards promptly after                     examinations expert’s evaluation to               resulting from its discretionary
                                                  the issuance of new or amended                           those FCM examination standards that              determinations with respect to the
                                                  auditing standards by the PCAOB that                     are new or revised since the last                 section 15(a) factors below.
                                                  have an impact on the FCM examination                    examinations expert’s review or                      Where reasonably feasible, the CFTC
                                                  standards. The SRO or JAC also must                      assessment. The Commission does not               endeavors to estimate quantifiable costs
                                                  engage an examinations expert to                         expect the examinations expert to re-             and benefits. Where quantification is
                                                  evaluate the consistency of the revised                  assess each examination standard each             not feasible, the CFTC identifies and
                                                  FCM examination standards with the                       time an evaluation is performed, but              describes costs and benefits
                                                  PCAOB auditing standards whenever                        only those standards that may be                  qualitatively.
                                                  the SRO or JAC adopts material                           susceptible to change based on the                   The CFTC requests comment on the
                                                  amendments to their respective FCM                       examinations expert’s opinion, auditing           costs and benefits associated with the
                                                  examination standards.33 The proposal                    standards adopted or amended by the               proposed rule amendments. In
                                                  would further provide the DSIO Director                  PCAOB, and the examinations expert’s              particular, the CFTC requests that
                                                  with the authority to direct an SRO or                   understanding of the CFTC regulatory              commenters provide data and any other
                                                  JAC to engage an examinations expert.                    requirements in consultation with SRO             information or statistics that the
                                                  This will address cases where DSIO staff                 or JAC.                                           commenters relied on to reach any
                                                  believes that new or amended PCAOB                                                                         conclusions regarding the CFTC’s
                                                  audit standards have a material impact                   D. Technical Amendments to Regulation proposed considerations of costs and
                                                  on FCM examinations standards, when                      1.52                                              benefits.
                                                                                                              The Commission is proposing several B. Economic Baseline
                                                     33 The purpose of the proposal is for an SRO or       technical amendments to Regulation
                                                  JAC to promptly amend their respective FCM               1.52 which eliminate redundancies and                The CFTC’s economic baseline for
                                                  examination standards whenever the PCAOB issues
                                                                                                           simplify the intent of the rule.                  this proposed rule amendment analysis
                                                  new or revised auditing standards that are relevant                                                        is the requirements of Regulation 1.52
                                                  to the SRO’s or JAC’s examinations of member             Specifically, the Commission is
                                                  FCMs. The SRO or JAC would further be required
                                                                                                                                                             that exist today. Specifically, current
                                                  to engage an examinations expert to evaluate the           34 The Commission also notes that proposal does Regulation 1.52 requires an SRO or a
                                                  consistency of any material amendments to the            not prescribe a specific timeframe for which the  JAC to engage an examinations expert to
                                                  FCM examination standards with the PCAOB new             SRO or JAC should implement any revised           evaluate its supervisory program prior
                                                  or revised auditing standards. However, the              examination standards, but only that the adoption
                                                  Commission would not expect an SRO or JAC to
                                                                                                                                                             to its initial use, and to evaluate the
                                                                                                           must occur ‘‘promptly.’’ This is because the time
                                                  engage an examinations expert if the amendments          needed to comport the newly adopted auditing
                                                                                                                                                             SRO’s application of the supervisory
                                                  to the FCM examination standards are not material.       standard into a newly adopted examination
                                                  The Commission also would not expect an SRO or           standard may vary depending on the complexity of         35 The Commission notes that current paragraphs
                                                  JAC to engage an examinations expert more                the standard and whether the examinations expert      (c)(2)(ii) and (d)(2)(ii)(F) both contain an
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                                                  frequently than once every 12 months.                    has been engaged. For avoidance of any doubt, the     explanatory sentence of what topics within PCAOB
                                                     In the context of the JAC, the annual JAC meeting     Commission expects ‘‘promptly’’ adoption to occur     auditing standards should be used in order to
                                                  required by Regulation 1.52(d) may serve as the          within a reasonable amount of time under the          conform the examination standards. The
                                                  appropriate forum for discussing amendments to           circumstances. In the event that the adoption         Commission reads paragraph (c)(2)(iii), and by
                                                  the FCM examination standards, and if necessary,         should take longer than one year from the time a      cross-reference (d)(2)(ii)(G), to already include each
                                                  a vote of JAC members could determine that               PCAOB auditing standard is made effective, the        of these topics. Moreover, paragraph (c)(2)(iii) more
                                                  engagement of the examinations expert to more            SRO or JAC may petition the Director of the           appropriately uses in this context the term
                                                  fully assess the supervisory program standards in        Division of Swap Dealer and Intermediary              ‘‘examination,’’ as opposed to ‘‘audit’’ to articulate
                                                  the context of a non-financial statement audit is        Oversight for a longer permitted adoption             this construction.
                                                  warranted.                                               timeframe.                                               36 7 U.S.C. 19(a).




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                                                                            Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules                                                         31083

                                                  program at least once every three years                  standards, but is proposing to revise the               proposed amendments. By narrowing
                                                  after its initial use.                                   timeframe for such reviews. Currently,                  the intended scope of examination
                                                     The Commission’s proposal would                       Regulation 1.52 requires an SRO or JAC                  reviews from an evaluation of the
                                                  not alter the requirement for an SRO or                  to engage an examinations expert at                     supervisory program to an assessment of
                                                  JAC to engage an examinations expert to                  least once every three years to perform                 the examinations standards for
                                                  evaluate its supervisory program prior                   such a review. The Commission is                        conformity with auditing standards
                                                  to the initial use of the supervisory                    proposing to amend Regulation 1.52 to                   established by the PCAOB as they apply
                                                  program. The Commission is proposing,                    require an SRO or JAC to engage an                      to examinations, the Commission is
                                                  however, to eliminate the requirement                    examinations expert if the PCAOB                        purposely limiting the scope of the
                                                  that the examinations expert must                        issued new or revised auditing                          examinations expert’s review. The
                                                  review the SRO’s or JAC’s ongoing                        standards that are material to the SRO’s                Commission anticipates that this
                                                  application of its supervisory program                   or JAC’s examination of member FCMs.                    limitation, coupled with extending the
                                                  during periodic reviews and the                             The examinations expert’s review,                    time period between expert examiner
                                                  analysis of the supervisory program’s                    however, would be limited to only the                   reviews, will significantly limit the
                                                  design to detect material weaknesses in                  new or revised PCAOB auditing                           costs associated with engaging and
                                                  internal controls during both periodic                   standards that are applicable to the                    hiring an examinations expert.39
                                                  reviews and the initial review prior to                  SRO’s or JAC’s examination of FCMs.                     Nonetheless, the Commission believes
                                                  the program’s initial use. The                           Accordingly, the examinations expert                    that these amendments appropriately
                                                  Commission also is proposing to revise                   would not have to review all of the                     balance the integrity of the examination
                                                  the frequency of when an SRO or JAC                      SRO’s or JAC’s FCM examination                          program with its costs while continuing
                                                  must engage an examinations expert, as                   standards for consistency with PCAOB                    to ensure that there is sufficient
                                                  discussed below.                                         audit standards. The proposal would                     oversight over the minimum financial
                                                     The Commission’s proposal to                          further require an SRO or JAC to engage                 requirements at FCMs. As noted,
                                                  eliminate the requirement that an                        an examinations expert at least once                    Commission staff reviews no less
                                                  examinations expert evaluate an SRO’s                    every five years even if the SRO or JAC                 frequently than annually all SRO and
                                                  or JAC’s application of its supervisory                  determined that the PCAOB did not                       JAC examination programs and
                                                  program and the program’s design to                      issue new or revised auditing standards                 anticipates that it will continue to do so.
                                                  detect material weaknesses in internal                   during the previous five-year period that               These Commission staff reviews will
                                                  controls will reduce costs to the SROs                   are material to its examinations of                     continue to provide the benefits that
                                                  and JACs. The proposal, however,                         member FCMs. Based on past                              have been associated with the
                                                  would not substantially reduce the                       experience, the Commission anticipates                  examinations experts’ reviews.
                                                  benefits obtained from an evaluation of                  that the adoption of new or revised
                                                  the SROs’ and JACs’ supervisory                                                                                  C. CEA Section 15(a) Factors
                                                                                                           auditing standards that are material to
                                                  program, including internal controls, as
                                                                                                           examination standards applicable to                     i. Protection of Market Participants and
                                                  such reviews are performed by
                                                                                                           FCMs will be infrequent, and therefore                  the Public
                                                  Commission staff on a routine basis.
                                                                                                           the triggering of an examinations expert                   The Commission preliminarily
                                                  Commission staff evaluates the SRO’s or
                                                                                                           review will also likely be an infrequent                believes that this proposal maintains the
                                                  JAC’s execution of its supervisory
                                                                                                           event.37 Finally, the proposal would                    protection of market participants and
                                                  program, including performing detailed
                                                                                                           provide that an SRO or JAC must engage                  the public provided by the current
                                                  reviews of SRO and JAC examination
                                                                                                           an examinations expert if directed to by                regulation. The proposal will continue
                                                  work papers, to assess the scope of the
                                                  work performed by SRO and JAC staff                      the Director of the Division of Swap                    to protect market participants and the
                                                  members and to determine whether the                     Dealer and Intermediary Oversight.38                    public by ensuring that there is
                                                  conclusions reached by SRO and JAC                          The proposed amendments to                           sufficient oversight over the minimum
                                                  staff members are supported by the                       Regulation 1.52 are intended to                         financial requirements at FCMs. As
                                                  work performed. Commission staff also                    streamline the process under which                      noted, the Commission believes that
                                                  reviews all SRO and JAC examination                      examinations experts conduct their                      Commission staff is well-equipped to
                                                  programs for conducting examinations                     reviews and the time period between                     provide reviews that, under the
                                                  of FCMs to assess the completeness of                    those reviews. The Commission believes                  proposal, would no longer be provided
                                                  such programs and to determine that                      that these amendments will make                         by outside examinations experts and
                                                  such programs properly reflect any                       conducting the reviews more efficient                   Commission staff intends to continue to
                                                  regulatory updates, including rule                       and less costly, while still balancing the              conduct such reviews.
                                                  amendments, adopted since the                            importance of having an independent
                                                  Commission staff’s previous review of                    third-party examinations expert in                      ii. Efficiency, Competitiveness, and
                                                  the examination programs. Reviews of                     auditing standards evaluating the                       Financial Integrity of Markets
                                                  execution and completeness of                            examination standards used by SROs                        The Commission preliminarily
                                                  supervisory programs for FCMs occur                      and the JAC.                                            believes that Regulation 1.52 as
                                                  no less frequently than annually.                           The Commission does not anticipate                   amended will continue to help ensure
                                                  Commission staff has a particular                        that there will be any significant                      that FCMs can meet their financial and
                                                  expertise in determining whether                         increased costs associated with the
                                                  registrants are in compliance with                                                                                  39 In the 2013 Customer Protection Rulemaking,
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                                                                                                                37 Since
                                                                                                                       2016 PCAOB has adopted approximately
                                                  Commission regulatory requirements                                                                               the Commission found that it was not feasible to
                                                                                                           two new standards, neither of which had a               quantify any costs associated with utilizing an
                                                  that makes a third-party review                          significant impact on the examination standards         examinations expert, largely because several
                                                  redundant.                                               applicable to FCMs. See PCAOB website available         nationally recognized accounting firms expressed
                                                     The Commission proposes to continue                   at: https://pcaobus.org/Standards/Pages/Current_        their reluctance to provide such information. While
                                                  to require that an examinations expert                   Activities_Related_to_Standards.aspx.                   it is likely not feasible to quantify such costs for the
                                                                                                              38 For example, in circumstances where an SRO        use of an examinations expert under the proposed
                                                  review the FCM examination standards                     or JAC has not engaged an examination expert yet        amendments, such costs are likely much less than
                                                  contained in the supervisory program                     DSIO staff believes a material change to PCAOB          the costs under the existing rule. See, 2013
                                                  for consistency with PCAOB auditing                      auditing standards warrants such engagement.            Customer Protection Rulemaking at 68605.



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                                                  31084                     Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules

                                                  operational obligations to both                             The Commission also considered                          The collections contained in this
                                                  customers and DCOs, which, along with                    maintaining the current rule, but the                   rulemaking are mandatory collections.
                                                  the Commission’s ongoing reviews, will                   Commission anticipates that the                         In formulating burden estimates for the
                                                  continue to foster the efficiency and                    proposal will significantly reduce costs                collections in this rulemaking, to avoid
                                                  financial integrity of markets. The                      to SROs and JACs without materially                     double accounting of information
                                                  Commission has not identified any                        impacting benefits.                                     collections that already have been
                                                  effect of Regulation 1.52 on the                            The CFTC requests comment on these                   assigned control numbers by OMB, or
                                                  competitiveness of derivatives markets.                  alternatives as well as any other                       are covered as burden hours in
                                                                                                           alternatives that commenters believe                    collections of information pending
                                                  iii. Price Discovery
                                                                                                           would present a superior cost-benefit                   before OMB, the PRA analysis provided
                                                    The Commission has not identified                      profile to the proposal.                                in the proposed rulemaking, along with
                                                  any material effect of the proposed                                                                              the information collection request
                                                                                                           IV. Related Matters
                                                  amendments on the price discovery                                                                                (‘‘ICR’’) with burden estimates that were
                                                  process in futures and swap markets.                     A. Regulatory Flexibility Act                           incorporated into the rulemaking by
                                                                                                                                                                   reference and submitted to OMB,
                                                  iv. Sound Risk Management Practices                         The Regulatory Flexibility Act
                                                                                                                                                                   accounted only burden estimates for
                                                                                                           (‘‘RFA’’) 40 requires Federal agencies, in
                                                     The Commission preliminarily                                                                                  collections of information that have not
                                                                                                           promulgating regulations, to consider
                                                  believes that Regulation 1.52 as                                                                                 previously been submitted to OMB. The
                                                                                                           the impact of those regulations on small
                                                  amended, along with the Commission’s                                                                             Commission invites comment on the
                                                                                                           entities. The Commission has
                                                  ongoing reviews, will continue to help                                                                           collections of information contained in
                                                                                                           previously established certain
                                                  ensure that FCMs can meet their                                                                                  the proposed rulemaking only to the
                                                                                                           definitions of ‘‘small entities’’ to be used
                                                  financial and operational obligations to                                                                         extent that the collections in the
                                                                                                           by the Commission in evaluating the
                                                  both customers and DCOs, which                                                                                   proposed rulemaking would increase
                                                                                                           impact of its rules on small entities in
                                                  should continue to foster sound risk                                                                             the burden hours contained with respect
                                                                                                           accordance with the RFA.41 The
                                                  management practices.                                                                                            to each of the related currently valid or
                                                                                                           proposed regulations would affect
                                                                                                                                                                   proposed collections.
                                                  v. Other Public Interest Considerations                  designated contract markets.
                                                                                                              The Commission has previously                        List of Subjects in 17 CFR Part 1
                                                    The Commission has not identified                      determined that designated contract
                                                  any additional public interest                                                                                     Brokers, Commodity futures,
                                                                                                           markets are not small entities for                      Consumer protection, Reporting and
                                                  considerations associated with the                       purposes of the RFA, and, thus, the
                                                  proposal.                                                                                                        recordkeeping requirements.
                                                                                                           requirements of the RFA do not apply
                                                                                                           to designated contract markets.42                         For the reasons stated in the
                                                  D. Consideration of Alternatives                                                                                 preamble, the Commodity Futures
                                                                                                           Accordingly, the Chairman, on behalf of
                                                     The Commission considered adopting                    the Commission, certifies pursuant to 5                 Trading Commission proposes to amend
                                                  the CME’s suggestion to fully eliminate                  U.S.C. 605(b) that the proposed                         17 CFR part 1 as follows:
                                                  the requirement that a third-party public                regulations would not have a significant
                                                  accounting firm perform periodic                                                                                 PART 1—GENERAL REGULATIONS
                                                                                                           economic impact on a substantial                        UNDER THE COMMODITY EXCHANGE
                                                  evaluations and assessments of an                        number of small entities.
                                                  SRO’s program to oversee its member                                                                              ACT
                                                  FCMs’ compliance with financial and                      B. Paperwork Reduction Act
                                                                                                                                                                   ■ 1. The authority citation for part 1
                                                  related reporting requirements. The                        This proposed rulemaking does not                     continues to read as follows:
                                                  Commission determined instead to                         amend existing information collection
                                                  eliminate the requirement that the                                                                                 Authority: 7 U.S.C. 1a, 2, 5, 6, 6a, 6b, 6c,
                                                                                                           requirements. The Paperwork Reduction                   6d, 6e, 6f, 6g, 6h, 6i, 6k, 6l, 6m, 6n, 6o, 6p,
                                                  examinations expert must periodically                    Act (‘‘PRA’’) provides that a federal                   6r, 6s, 7, 7a–1, 7a–2, 7b, 7b–3, 8, 9, 10a, 12,
                                                  review the SRO’s or JAC’s ongoing                        agency may not conduct or sponsor, and                  12a, 12c, 13a, 13a–1, 16, 16a, 19, 21, 23, and
                                                  application of its supervisory program,                  a person is not required to respond to,                 24 (2012).
                                                  while maintaining reviews of an FCM’s                    a collection of information unless it
                                                  examinations standards at a modified                                                                             ■ 2. Amend § 1.52 as follows:
                                                                                                           displays a currently valid control
                                                  interval. The Commission preliminarily                                                                           ■ a. Revise paragraphs (c)(2)(ii), (iii),
                                                                                                           number issued by the Office of
                                                  believes that there are significant                                                                              (iv), and (v);
                                                                                                           Management and Budget (‘‘OMB’’).43                      ■ b. Remove paragraphs (c)(2)(vi) and
                                                  benefits associated with having an                       The Commission is proposing
                                                  outside auditor performing evaluations                                                                           (vii);
                                                                                                           amendments to rules that have                           ■ c. Revise paragraphs (d)(2)(ii)(F), (G),
                                                  of examination standards at least every                  previously identified collections of
                                                  five years (and also when there are                                                                              (H), and (I);
                                                                                                           information under a pre-existing                        ■ d. Remove paragraphs (d)(2)(ii)(J) and
                                                  material and relevant changes in                         collection 3038–0052. The proposed
                                                  PCAOB auditing standards) as required                                                                            (K); and
                                                                                                           amendments, however, only increase                      ■ e. Revise paragraph (d)(2)(iii).
                                                  by the proposed amendments. While, as                    the respondents permitted time to file                     The revisions read as follows:
                                                  noted, Commission staff is well-                         required information and reduce the
                                                  equipped to review the ongoing                           requirements of review contained                        § 1.52 Self-regulatory organization
                                                  application of SRO and JAC supervisory                                                                           adoption and surveillance of minimum
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                                                                                                           therein. As such, the previously
                                                  programs and intends to continue to do                   identified response hours in collection                 financial requirements.
                                                  so at least annually, the Commission                     3038–0052 remain a reasonable burden                    *      *    *    *    *
                                                  believes that third-party public                         hour estimate.                                            (c) * * *
                                                  accounting firms are best equipped to                                                                              (2) * * *
                                                  perform evaluations of examination                            40 5 U.S.C. 601 et seq.                              (ii) The supervisory program must, at
                                                  standards for conformity with auditing                        41 47  FR 18618 (Apr. 30, 1982).                   a minimum, have examination
                                                  standards established by the PCAOB as                         42 Id. at 18619.                                   standards addressing the following:
                                                  they apply to examinations.                                   43 44 U.S.C. 3501 et seq.                            (A) The ethics of an examiner;


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                                                                            Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules                                            31085

                                                     (B) The independence of an examiner;                  regulatory organization must review any               committee of the board of directors, or
                                                     (C) The supervision, review, and                      new or amended auditing standards                     a functional equivalent committee, with
                                                  quality control of an examiner’s work                    issued by the Public Company                          timely reports of the activities and
                                                  product;                                                 Accounting Oversight Board, and must                  findings of the supervisory program to
                                                     (D) The evidence and documentation                    revise its examination standards                      assist the risk and/or audit committee of
                                                  to be reviewed and retained in                           promptly to reflect any changes in such               the board of directors, or a functional
                                                  connection with an examination;                          auditing standards that are applicable in             equivalent committee, to fulfill its
                                                     (E) The sampling size and techniques                  the context of the self-regulatory                    responsibility of overseeing the
                                                  used in an examination;                                  organization’s examination of its futures             examination function.
                                                     (F) The examination risk assessment                   commission merchant members. A self-                     (v) The examinations expert’s written
                                                  process;                                                 regulatory organization must engage an                report, the self-regulatory organization’s
                                                     (G) The examination planning                          examinations expert to evaluate any                   response, if any, as well as any
                                                  process;                                                 material revisions that the self-                     information concerning the supervisory
                                                     (H) Materiality assessment;                           regulatory organization makes to the                  program is confidential.
                                                     (I) Quality control procedures to                     examination standards to conform such                    (d) * * *
                                                  ensure that the examinations maintain                    standards with the Public Company                        (2) * * *
                                                  the level of quality expected;                           Accounting Oversight Board’s auditing                    (ii) * * *
                                                     (J) Communications between an                         standards, or if directed to engage an                   (F) The Joint Audit Program must
                                                  examiner and the regulatory oversight                    examinations expert by the Director of                include examination standards
                                                  committee, or the functional equivalent                  the Division of Swap Dealer and                       addressing the items listed in paragraph
                                                  of the regulatory oversight committee, of                Intermediary Oversight. At the                        (c)(2)(ii) of this section.
                                                  the self-regulatory organization of which                conclusion of each review, a self-                       (G)(1) Prior to the initial
                                                  the futures commission merchant is a                     regulatory organization must obtain a                 implementation of the Joint Audit
                                                  member;                                                  written report from the examinations                  Program, the Joint Audit Committee
                                                     (K) Communications between an                         expert in accordance with paragraph                   must engage an examinations expert to
                                                  examiner and a futures commission                        (c)(2)(iii)(C) of this section.                       evaluate the examination standards for
                                                  merchant’s audit committee of the board                     (C) At the conclusion of the                       consistency with auditing standards
                                                  of directors or other similar governing                  examinations expert’s engagement                      issued by the Public Company
                                                  body;                                                    pursuant to paragraph (c)(2)(iii)(A) or               Accounting Oversight Board as such
                                                     (L) Analytical review procedures;                     (B) of this section, the self-regulatory              auditing standards are applicable in the
                                                     (M) Record retention; and                             organization must obtain from the                     context of the Joint Audit Committee’s
                                                     (N) Required items for inclusion in                   examinations expert a written report on               examination of its futures commission
                                                  the examination report, such as repeat                   findings and recommendations issued                   merchant members. At least once every
                                                  violations, material items, and high risk                under the consulting services standards               five years after the initial
                                                  issues. The examination report is                        of the American Institute of Certified                implementation of the Joint Audit
                                                  intended solely for the information and                  Public Accountants. The self-regulatory               Program, the Joint Audit Committee
                                                  use of the self-regulatory organizations                 organization must provide the Director                must engage an examinations expert to
                                                  and the Commission, and is not                           of the Division of Swap Dealer and                    evaluate the examination standards for
                                                  intended to be and should not be used                    Intermediary Oversight with a copy of                 consistency with any new or amended
                                                  by any other person or entity.                           the examinations expert’s written                     auditing standards issued by the Public
                                                     (iii)(A) Prior to the initial                         report, and the self-regulatory                       Company Accounting Oversight Board
                                                  implementation of the supervisory                        organization’s written responses to any               since the previous review performed by
                                                  program, a self-regulatory organization                  of the examinations expert’s findings                 the examinations expert. At the
                                                  must engage an examinations expert to                    and recommendations, within thirty                    conclusion of each review, the Joint
                                                  evaluate the examination standards for                   days of the receipt thereof. Upon                     Audit Committee must obtain a written
                                                  consistency with auditing standards                      resolution of any questions or comments               report from the examinations expert in
                                                  issued by the Public Company                             raised by the Division of Swap Dealer                 accordance with paragraph
                                                  Accounting Oversight Board as such                       and Intermediary Oversight, and upon                  (d)(2)(ii)(G)(3) of this section.
                                                  auditing standards are applicable in the                 written notice from the Division of                      (2) Notwithstanding paragraph
                                                  context of the self-regulatory                           Swap Dealer and Intermediary                          (d)(2)(ii)(G)(1) of this section, the Joint
                                                  organization’s examination of its futures                Oversight that it has no further                      Audit Committee must review any new
                                                  commission merchant members. At least                    comments or questions on the                          or amended auditing standards issued
                                                  once every five years after the initial                  examinations standards as amended (by                 by the Public Company Accounting
                                                  implementation of the supervisory                        reason of the examinations expert’s                   Oversight Board, and must revise its
                                                  program, a self-regulatory organization                  proposals, consideration of the Division              examination standards promptly to
                                                  must engage an examinations expert to                    of Swap Dealer and Intermediary                       reflect any changes in such auditing
                                                  evaluate the examination standards for                   Oversight’s questions or comments, or                 standards that are applicable in the
                                                  consistency with any new or amended                      otherwise), the self-regulatory                       context of the Joint Audit Committee’s
                                                  auditing standards issued by the Public                  organization shall commence applying                  examination of its futures commission
                                                  Company Accounting Oversight Board                       such examinations standards for                       merchant members. The Joint Audit
                                                  since the previous review performed by                   examining its registered futures                      Committee must engage an
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                                                  the examinations expert. At the                          commission merchant members for all                   examinations expert to evaluate any
                                                  conclusion of each evaluation, a self-                   examinations conducted with an ‘‘as of’’              material revisions that the Joint Audit
                                                  regulatory organization must obtain a                    date later than the date of the Division              Committee makes to the examination
                                                  written report from the examinations                     of Swap Dealer and Intermediary’s                     standards to conform such standards
                                                  expert in accordance with paragraph                      written notification.                                 with the Public Company Accounting
                                                  (c)(2)(iii)(C) of this section.                             (iv) The supervisory program must                  Oversight Board’s auditing standards, or
                                                     (B) Notwithstanding paragraph                         require the self-regulatory organization              if directed to engage an examinations
                                                  (c)(2)(iii)(A) of this section, a self-                  to report to its risk and/or audit                    expert by the Director of the Division of


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                                                  31086                     Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Proposed Rules

                                                  Swap Dealer and Intermediary                             Audit Program as a result of regulatory               DEPARTMENT OF LABOR
                                                  Oversight. The Joint Audit Committee                     changes, revisions to the examination
                                                  must obtain a written report from the                    standards resulting from new or                       Occupational Safety and Health
                                                  examinations expert in accordance with                   amended auditing standards issued by                  Administration
                                                  paragraph (d)(2)(ii)(G)(3) of this section.              the Public Company Accounting
                                                     (3) At the conclusion of the                          Oversight Board, or the results of an                 29 CFR Part 1910
                                                  examinations expert’s engagement                         examinations expert’s review.
                                                  pursuant to paragraph (d)(2)(ii)(G)(1) or                                                                      [Docket No. OSHA–2018–0003]
                                                  (2) of this section, the Joint Audit                        (B) In addition to the items
                                                                                                                                                                 RIN 1218–AB76
                                                  Committee must obtain from the                           considered in paragraph (d)(2)(iii)(A) of
                                                  examinations expert a written report on                  this section, the Joint Audit Committee               Revising the Beryllium Standard for
                                                  findings and recommendations issued                      members must consider the following                   General Industry
                                                  under the consulting services standards                  items during the meetings:
                                                  of the American Institute of Certified                                                                         AGENCY:  Occupational Safety and Health
                                                                                                              (1) Coordinating and sharing                       Administration (OSHA), Labor.
                                                  Public Accountants. The Joint Audit                      information between the Joint Audit
                                                  Committee must provide the Director of                                                                         ACTION: Proposed rule; withdrawal.
                                                                                                           Committee members, including issues
                                                  the Division of Swap Dealer and                          and industry concerns in connection
                                                  Intermediary Oversight with a copy of                                                                          SUMMARY:   With this document, OSHA is
                                                                                                           with examinations of futures                          withdrawing the proposed rule that
                                                  the examinations expert’s written
                                                                                                           commission merchants;                                 accompanied its direct final rule (DFR)
                                                  report, and the Joint Audit Committee’s
                                                  written responses to any of the                             (2) Identifying industry regulatory                amending the beryllium standard for
                                                  examinations expert’s findings and                       reporting issues and financial and                    general industry to address the
                                                  recommendations, within thirty days of                   operational internal control issues and               application of the standard to materials
                                                  the receipt thereof. Upon resolution of                  modifying the Joint Audit Program                     containing trace amounts of beryllium.
                                                  any questions or comments raised by                      accordingly;                                          DATES: As of July 3, 2018, the proposed
                                                  the Division of Swap Dealer and                             (3) Issuing risk alerts for futures                rule published May 7, 2018 (83 FR
                                                  Intermediary Oversight, and upon                                                                               19989) is withdrawn.
                                                                                                           commission merchants and/or
                                                  written notice from the Division of                                                                            FOR FURTHER INFORMATION CONTACT:
                                                                                                           designated self-regulatory organization
                                                  Swap Dealer and Intermediary                                                                                      Press inquiries: Mr. Frank Meilinger,
                                                                                                           examiners on an as-needed basis;
                                                  Oversight that it has no further                                                                               OSHA Office of Communications, Room
                                                  comments or questions on the                                (4) Responding to industry issues; and             N–3647, U.S. Department of Labor, 200
                                                  examinations standards as amended (by                       (5) Providing industry feedback to                 Constitution Avenue NW, Washington,
                                                  reason of the examinations expert’s                      Commission proposals.                                 DC 20210; telephone: (202) 693–1999;
                                                  proposals, consideration of the Division                                                                       email: meilinger.francis2@dol.gov.
                                                  of Swap Dealer and Intermediary                             (C) Minutes must be taken of all
                                                                                                           meetings and distributed to all members                  General information and technical
                                                  Oversight’s questions or comments, or                                                                          inquiries: William Perry or Maureen
                                                  otherwise), the Joint Audit Committee                    on a timely basis.
                                                                                                                                                                 Ruskin, Directorate of Standards and
                                                  shall commence applying such                                (D) The Director of the Division of                Guidance, Room N–3718, OSHA, U.S.
                                                  examinations standards for examining                     Swap Dealer and Intermediary                          Department of Labor, 200 Constitution
                                                  its registered futures commission                        Oversight must receive timely prior                   Avenue NW, Washington, DC 20210;
                                                  merchant members for all examinations                    notice of each meeting, have the right to             telephone: (202) 693–1950; fax: (202)
                                                  conducted with an ‘‘as of’’ date later                   attend and participate in each meeting                693–1678.
                                                  than the date of the Division of Swap                    and receive written copies of the                        Copies of this Federal Register
                                                  Dealer and Intermediary’s written                        minutes required pursuant to paragraph                document and news releases: Electronic
                                                  notification.                                            (d)(2)(iii)(C) of this section, respectively.         copies of these documents are available
                                                     (H) The Joint Audit Program must                                                                            at OSHA’s web page at http://
                                                  require the Joint Audit Committee                        *      *     *      *     *
                                                                                                                                                                 www.osha.gov.
                                                  members to report to their respective                      Issued in Washington, DC, on June 28,
                                                  risk and/or audit committee of their                     2018, by the Commission.                              SUPPLEMENTARY INFORMATION:      On May 7,
                                                  respective board of directors, or a                                                                            2018, OSHA published a DFR amending
                                                                                                           Christopher Kirkpatrick,
                                                  functional equivalent committee, with                                                                          the application of the beryllium
                                                                                                           Secretary of the Commission.                          standard to materials containing trace
                                                  timely reports of the activities and
                                                  findings of the Joint Audit Program to                     Note: The following appendix will not               amounts of beryllium (83 FR 19936).
                                                  assist the risk and/or audit committee of                appear in the Code of Federal Regulations.            OSHA also published a companion
                                                  the board of directors, or a functional                                                                        proposed rule proposing the same
                                                  equivalent committee, to fulfill its                     Appendix to Financial Surveillance                    changes to the beryllium standard (83
                                                  responsibility of overseeing the                         Examination Program Requirements for                  FR 19989). In the DFR, OSHA stated
                                                  examination function.                                    Self-Regulatory Organizations—                        that it would withdraw the companion
                                                     (I) The examinations expert’s written                 Commission Voting Summary                             proposed rule and confirm the effective
                                                  report, the Joint Audit Committee’s                                                                            date of the DFR if no significant adverse
                                                  response, if any, as well as any                           On this matter, Chairman Giancarlo and              comments were submitted on the DFR
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                                                  information concerning the supervisory                   Commissioners Quintenz and Behnam voted               by June 6, 2018. OSHA received seven
                                                  program is confidential.                                 in the affirmative. No Commissioner voted in          comments in the record from Materion
                                                     (iii) Meetings of the Joint Audit                     the negative.                                         Brush, Inc., Mead Metals Inc., National
                                                  Committee. (A) The Joint Audit                           [FR Doc. 2018–14272 Filed 7–2–18; 8:45 am]            Association of Manufacturers, Airborn,
                                                  Committee members must meet at least                     BILLING CODE 6351–01–P                                Inc., Edison Electric Institute, and two
                                                  once each year. During such meetings,                                                                          private citizens (Document ID OSHA–
                                                  the Joint Audit Committee members                                                                              2018–0003–0004 thru OSHA–2018–
                                                  shall consider revisions to the Joint                                                                          0003–0010). The seven submissions


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Document Created: 2018-07-02 23:56:18
Document Modified: 2018-07-02 23:56:18
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
ActionProposed rule.
DatesComments must be received on or before September 4, 2018.
ContactMatthew B. Kulkin, Director, 202-418- 5213, [email protected]; Thomas Smith, Deputy Director, 202-418-5495, [email protected]; Jennifer Bauer, Special Counsel, 202-418-5472, [email protected]; or Joshua Beale, Special Counsel, 202-418-5446, [email protected], Division of Swap Dealer and Intermediary Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581.
FR Citation83 FR 31078 
RIN Number3038-AE73
CFR AssociatedBrokers; Commodity Futures; Consumer Protection and Reporting and Recordkeeping Requirements

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