[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Notices]
[Pages 51087-51088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25779]
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COMMODITY FUTURES TRADING COMMISSION
Chicago Board of Trade Futures Contracts in Corn and Soybeans;
Proposed Disapproval of Exchange Listing for Trading of January 1999
Soybean Futures Contract and March 1999 Corn Futures Contract
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice of, and Request for Public Comment on, Proposed
Disapproval of Contract Listing and Proposed Disapproval and Proposed
Order to Change and to Supplement Chicago Board of Trade Proposal on
Contract Specifications.
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SUMMARY: The Commodity Futures Trading Commission (``Commission'') has
issued a Proposed Order to the Board of Trade of the City of Chicago
(``CBT''), under sections 5a(a)(10) and 15 of the Commodity Exchange
Act (``Act''), 7 U.S.C. 7a(a)(10) and 19, to change and to supplement
its proposal regarding the delivery terms of the CBT corn and soybean
futures contracts. Notice of the Commission's Proposed Order was
published in the Federal Register on Monday, September 22, 1997. 62 FR
49474. The Proposed Order proposed a number of changes and supplements
to the CBT proposal for its corn and soybean futures contracts. The
Commission also proposed to disapprove, to change and to supplement the
terms of the July and December 1999 corn futures contracts and the July
and November 1999 soybean futures contracts proposed by the CBT.
The Commission has become aware that the Board of Trade of the City
of Chicago (CBT) notified its members on September 19, 1997, of its
intent to propose listing for trading the January 1999 soybean futures
contract and the March 1999 corn futures contract. By letter dated
September 23, 1997, the Commission notified the CBT that the Commission
is proposing under sections 5a(a)(10), 5a(a)(12), 8a(7) and 15 of the
Act to disapprove the listing for trading and to disapprove, to change
and to supplement the terms of the January 1999 soybean futures
contract and the March 1999 corn futures contract on the same basis and
for the same reasons as it has determined in its Proposed Order of
September 15, 1997, to propose to disapprove, to change and to
supplement the July and December 1999 corn futures contracts and the
July and November 1999 soybean futures contracts.
The Commission has determined that publication of the notice to the
CBT proposing to disapprove the listing and to disapprove, to change
and to supplement the terms of the January 1999 soybean futures
contract and the March 1999 corn futures contract is in the public
interest, will assist the Commission in considering the views of
interested persons, and is consistent with the purposes of the
Commodity Exchange Act.
DATES: Comment must be received by October 22, 1997.
ADDRESSES: Comments should be mailed to the Commodity Futures Trading
Commission, Three Lafayette Centre, 1155 21st Street, N.W., Washington,
D.C. 20581, attention: Office of the Secretariat; transmitted by
facsimile at (202) 418-5521; or transmitted electronically at
[secretary@cftc.gov]. Reference should be made to ``Corn and Soybean
Delivery Points--Additional Delivery Months.''
FOR FURTHER INFORMATION CONTACT: John Mielke, Acting Director, or Paul
M. Architzel, Chief Counsel, Division of Economic Analysis, Commodity
Futures Trading Commission, Three Lafayette Centre, 1155 21st Street,
N.W., Washington, D.C. 20581, (202) 418-5260, or electronically, Mr.
Architzel at [PArchitzel@cftc.gov].
SUPPLEMENTARY INFORMATION: Section 5a(a)(10) of the Act provides that
as a condition of contract market designation, boards of trade are
required to:
permit the delivery of any commodity, on contracts of sale thereof
for future delivery, of such grade or grades, at such point or
points and at such quality and locational price differentials as
will tend to prevent or diminish price manipulation, market
congestion, or the abnormal movement of such commodity in interstate
commerce. If the Commission after investigation finds that the rules
and regulations adopted by a contract market permitting delivery of
any commodity on contracts of sale thereof for future delivery, do
not accomplish the objectives of this subsection, then the
Commission shall notify the contract market of its finding and
afford the contract market an opportunity to make appropriate
changes in such rules and regulations. If the contact market within
seventy-five days fails to make the changes which in the opinion of
the Commission are necessary to accomplish the objectives of this
subsection, then the Commission after granting the contract market
an opportunity to be heard, may change or supplement such rules and
regulations of the contract market to achieve the above objectives *
* * .
The Commission, on September 15, 1997, issued a Proposed Order
under sections 5a(a)(10) and 15 of the Act to change and to supplement
the proposal of the CBT relating to the delivery specifications of the
corn and soybean futures contracts. That proposal was submitted in
response to prior Commission notification to the CBT that its futures
contracts for corn and soybeans no longer were in compliance with the
requirements of section 5a(a)(10) of the Act. The text of the Proposed
Order was published in the Federal Register, and public comment was
requested thereon. 62 FR 49474 (September 22, 1997).
The Commission has become aware that the CBT notified its members
on September 19, 1997, of its intent to propose listing for trading of
the January 1999 soybean futures contract and the March 1999 corn
futures contract. By letter dated September 23, 1997, the Commission
notified the CBT that it is proposing under sections 5a(a)(10),
5a(a)(12), 8a(7) and 15 of the Act to disapprove the listing for
trading and to disapprove, to change and to supplement the terms of the
January 1999 soybean futures contract and the March 1999 corn futures
contract on the same basis and for the same reasons as it has
determined in its Proposed Order of September 15, 1997, to propose to
disapprove, to change and to supplement the July and December 1999 corn
futures contracts and the July and November 1999 soybean futures
contracts.
A public hearing on the Proposed Order has been scheduled for
October 15, 1997, (or at an earlier date if the CBT requests) at the
Commission's Washington, D.C. office. The CBT also will have an
opportunity at that public hearing to make an oral presentation before
the Commission on the matters raised in this notice to disapprove the
listing and to disapprove, to change and to supplement the January 1999
soybean futures contract and the March 1999 corn futures contract. The
Commission will also accept written comments from the CBT on this issue
on or before the date of the hearing. The text of this notification is
as follows:
September 23, 1997.
Mr. Patrick Arbor,
Chairman of the Board, Board of Trade of the City of Chicago, 141 W.
Jackson Blvd., Chicago, Illinois 60604-2994.
[[Page 51088]]
Re: Proposed Disapproval of Exchange Listing for Trading of January
1999 Soybean Futures Contract and March 1999 Corn Futures Contract
Dear Mr. Arbor: The Commission is aware that the Board of Trade
of the City of Chicago (CBT) notified its members on September 19,
1997, of its intent to propose listing for trading the January 1999
soybean futures contract and the March 1999 corn futures contract.
The Commodity Futures Trading Commission (Commission) hereby
notifies the CBT that listing the above contract months is not
consistent with the abbreviated review provisions of Commission rule
1.41(l), 17 CFR 1.41(l), and will be subject to the usual review and
approval procedures under section 5a(a)(12) of the Commodity
Exchange Act (Act) and rule 1.41(b). Commission rule 1.41(l)
provides that all changes in contract months shall be deemed
approved by the Commission ten days after notice of the change is
received by the Commission if consistent with the Act and the
Commission's regulations.1
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\1\ Commission rule 1.41(l) provides, in part, that:
Notwithstanding the provisions of paragraph (b) of this section,
all changes in trading months shall be deemed approved by the
Commission ten days after written notice of such a change is
received by the Commission if:
(i) The change is consistent with a rule of the contract market
governing the listing of trading months which has been approved by
the Commission, and with the Act and the Commission's regulations; *
* *.
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The Commission, by letter dated December 19, 1996, notified the
CBT that the delivery terms of its corn and soybean futures
contracts are not consistent with the requirements of section
5a(a)(10) of the Act. In its December 19, 1996 notification, the
Commission stated:
[i]n light of the Commission's determination that the CBT's
futures contracts in corn and soybeans no longer comply with the
requirements of section 5a(a)(10) of the Act, the CBT should refrain
from listing additional months for trading in those contracts during
the pendency of these proceedings.
61 FR 67998, 67999 (December 26, 1997).
On September 15, 1997, the Commission issued a proposed Order to
change and to supplement the CBT's response to the December 19, 1996
section 5a(a)(10) notice and to disapprove, to change and to
supplement the terms proposed by the CBT for the July and December
1999 corn and July and November 1999 soybean futures contracts,
which were listed by the CBT without Commission approval. The
Commission has notified the CBT under the proposed Order that the
CBT will have an opportunity to be heard by the Commission on
October 15, 1997, or sooner if the CBT requests.
The delivery specifications intended by the CBT to be applicable
to the January 1999 soybean futures contract and the March 1999 corn
futures contract are the same as those that the Commission proposed
to disapprove for application to the July and December 1999 corn
futures contracts and the July and November 1999 soybean futures
contracts in its Proposed Order of September 15, 1997. Listing
additional delivery months under either the contract terms found by
the Commission to violate the provisions of section 5a(a)(10) or
under proposed terms on which the Commission already has taken
action proposing disapproval is not consistent with the provisions
and policies of the Act. The Commission proposes to disapprove the
listing of these contract months on those grounds.
Because the Commission finds that listing these trading months
is not consistent with Commission rule 1.41(l) and that Commission
review and approval under section 5a(a)(12) and rule 1.41(b) is
required prior to their listing, their listing for trading by the
CBT is not legally authorized at the present time. Moreover, the
Commission proposes under sections 5a(a)(10), 5a(a)(12), 8a (7) and
15 of the Act to disapprove the listing for trading and to
disapprove, to change and to supplement the terms of the January
1999 soybean futures contract and the March 1999 corn futures
contract on the same bases and for the same reasons as it has stated
in its December 19, 1996 notification and its Proposed Order of
September 15, 1997.
A public hearing on the Proposed Order of September 15, 1997,
has been scheduled for October 15, 1997, (or at an earlier date if
the CBT requests) at the Commission's Washington, D.C. office. The
CBT also will have an opportunity at that public hearing to make an
oral presentation before the Commission on the matters raised in
this notice to disapprove the listing and to disapprove, to change
and to supplement the January 1999 soybean futures contract and the
March 1999 corn futures contract. The Commission will also accept
written comments from the CBT on this issue on or before the date of
the hearing.
The Commission also reserves all of its authority under the Act
to bring appropriate legal action against the CBT for the violation
of section 5a(a)(12) of the Act and Commission rules 1.41(b) and
1.41(l) which require the CBT to obtain approval by the Commission
prior to listing new delivery months for trading. Such reservation
of authority relates to the January, July and November 1999 soybeans
futures contracts and the March, July and December 1999 corn futures
contracts, as well as any contract months CBT attempts to list
without prior approval hereafter.2 As the Commission
noted in its Proposed Order of September 15, 1997, the Commission is
prepared to approve immediately the listing of delivery months which
incorporate the Commission's proposed changes and supplements.
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\2\ In this regard, the Commission notes that the listing of
contract months under the current contract terms prior to the
December notification's finding that the contracts' terms are in
violation of section 5a(a)(10) of the Act is fundamentally different
from the listing of trading months after such a finding has been
made.
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The Commission hereby instructs the CBT that it must notify all
market participants that the Commission has not approved the listing
of these contract months as required by law and that the Commission
has proposed to disapprove the listing and to disapprove, to change
and to supplement the terms proposed by the CBT.
By the Commission.
Jean A. Webb,
Secretary of the Commission.
The Commission has determined that publication of this Proposed
Disapproval of Contract Listing and Proposed Order to Disapprove, to
Change and to Supplement the Chicago Board of Trade Proposal on
Contract Specifications relating to the January 1999 soybean futures
contract and the March 1999 corn futures contract for public comment
will assist the Commission in its consideration of these issues.
Accordingly, the Commission is requesting written comments from
interested members of the public.
Issued in Washington, D.C., this 23rd day of September, 1997, by
the Commodity Futures Trading Commission.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 97-25779 Filed 9-29-97; 8:45 am]
BILLING CODE 6351-01-P
