[Federal Register Volume 60, Number 207 (Thursday, October 26, 1995)]
[Rules and Regulations]
[Pages 54801-54803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26371]
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COMMODITY FUTURES TRADING COMMISSION
17 CFR Parts 1, 3, 9, 10, 11, and 21
Change of Address; Change in Titles of Office and Personnel
AGENCY: Commodity Futures Trading Commission.
ACTION: Final rule.
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SUMMARY: The Commodity Futures Trading Commission is amending its
regulations to reflect changes in office titles, personnel titles and
address in its regulations.
EFFECTIVE DATE: October 26, 1995.
FOR FURTHER INFORMATION CONTACT: Stacy Yochum, Office of the Executive
Director, Commodity Futures Trading Commission, Three Lafayette Centre,
1155 21st Street, NW., Washington, DC 20581, (202) 418-5157.
SUPPLEMENTARY INFORMATION: In 1984, the Commission changed the title of
the Division of Economics and Education to the Division of Economic
Analysis. Also in 1984, the Commission combined the Office of Hearings
and Appeals with the Complaints Section to create the Office of
Proceedings. The former Hearing Clerk was given the title of
Proceedings Clerk. At the same time, the Commission reassigned the
administrative duties of the vacant position of Chief Administrative
Law Judge to the Director of the Office of Proceedings. In 1990, the
Commission eliminated the Opinions Section as a separate entity within
the Office of General Counsel and the Chief of the Opinions Section
became the Deputy General Counsel for Opinions and Review. As of
October 1, 1995, the Commission moved its headquarters offices,
including the Office of Proceedings, to Three Lafayette Centre, 1155
21st Street, NW., Washington, DC 20581. The Commission is now amending
its regulations to reflect these changes.
List of Subjects in 17 CFR Parts 1, 3, 9, 10, 11, and 21
Administrative practice and procedure, Commodity Futures Trading
Commission, and Reporting and recordkeeping requirements.
Based upon the foregoing, pursuant to its authority contained in
section 2(a)(11) of the Commodity Exchange Act, 7 U.S.C. 4a(j), the
Commission hereby amends 17 CFR Chapter I of the Code of Federal
Regulations as follows:
PART 1--[AMENDED]
1. The authority citation for part 1 continues to read as follows:
Authority: 7 U.S.C. 1a, 2, 2a, 4, 4a, 6, 6a, 6b, 6c, 6d, 6e, 6f,
6g, 6h, 6i, 6k, 6l, 6m, 6n, 6o, 6p, 7, 7a, 7b, 8, 9, 12, 12a, 12c,
13a, 13a-1, 16, 16a, 19, 21, 23, 24.
Sec. 1.66 [Amended]
2. Section 1.66, paragraphs (b)(2), (b)(3) and (b)(5)(ii) are
amended by removing ``Hearing Clerk'' and adding ``Proceedings Clerk''
in each place it occurs.
PART 3--[AMENDED]
1. The authority citation for part 3 continues to read as follows:
Authority: 7 U.S.C. 1a, 2, 4, 4a, 6, 6b, 6c, 6d, 6e, 6f, 6g, 6h,
6i, 6k, 6m, 6n, 6o, 6p, 8, 9, 9a, 12, 12a, 13b, 13c, 16a, 18, 19,
21, 23; 5 U.S.C. 552, 552b.
Sec. 3.50 [Amended]
2. Section 3.50, paragraph (d) is amended by removing ``Hearing
Clerk'' and adding ``Proceedings Clerk'' in its place.
Sec. 3.55 [Amended]
3. Section 3.55, paragraphs (b), (c) and (e)(2) are amended by
removing ``Hearing Clerk'' and adding ``Proceedings Clerk'' in each
place it occurs.
Sec. 3.56 [Amended]
4. Section 3.56, paragraphs (b)(3), (c) and (e)(2) are amended by
removing ``Hearing Clerk'' and adding ``Proceedings Clerk'' in each
place it occurs.
Sec. 3.60 [Amended]
5. In Sec. 3.60, the introductory text of paragraph (b), paragraph
(b)(2)(ii), the introductory test of paragraph (c), paragraph (d)(3),
paragraph (h)(4) and paragraph (h)(5)(i) are amended by removing
``Hearing Clerk'' and adding ``Proceedings Clerk'' in each place it
occurs.
Sec. 3.64 [Amended]
6. Section 3.64, paragraphs (a), (b)(1), (b)(2) and (d) are amended
by removing ``Hearing Clerk'' and adding ``Proceedings Clerk'' in each
place it occurs.
PART 9--[AMENDED]
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 4a, 6c, 7a, 12a, 12c, 16a, unless otherwise
noted.
Sec. 9.9 [Amended]
2. Section 9.9, paragraph (b)(1) introductory text is amended by
removing ``Chief of the Opinions Section, or the Chief's designee'' and
adding ``Deputy General Counsel for Opinions and Review, or designee''
in its place.
3. Section 9.9, paragraphs (b)(3) and (b)(4) are amended by
removing ``Chief of the Opinions Section'' and adding ``Deputy General
Counsel for Opinions and Review'' in each place it occurs.
PART 10--[AMENDED]
1. The authority for part 10 continues to read as follows:
Authority: Pub. L. 93-463, sec. 101(a)(11), 88 Stat. 1391; 7
U.S.C. 4a(j), unless otherwise noted.
2. Section 10.2, paragraph (i) is revised to read as follows:
Sec. 10.2 Definitions.
* * * * *
(i) Proceedings Clerk means that member of the Commission's staff
designated as such in the Commission's Office of Proceedings.
* * * * *
3. The first sentence of Sec. 10.4 is revised to read as follows:
Sec. 10.4 Business address; hours.
The Office of Proceedings is located at Three Lafayette Centre,
1155 21st Street NW., Washington, DC 20581.* * *
Sec. 10.7 [Amended]
3. Section 10.7 is amended by removing ``Hearing Clerk'' and adding
``Proceedings Clerk'' in its place.
4. Section 10.10, paragraph (a)(1)(iii) is revised to read as
follows:
Sec. 10.10 Ex parte communications.
(a) * * *
(1) * * *
(iii) The Deputy General Counsel for Opinions and Review and staff
of the Office of General Counsel.
* * * * *
5. Section 10.10, paragraph (a)(1)(iv) is amended by removing
``Office of Hearings and Appeals'' and adding ``Office of Proceedings''
in its place.
[[Page 54802]]
Sec. 10.12 [Amended]
6. Section 10.12, paragraph (a)(3) is amended by removing ``Hearing
Clerk'' and adding ``Proceedings Clerk'' in its place.
7. Section 10.12, paragraph (b) is amended by removing ``Hearing
Clerk'' and adding ``Proceedings Clerk'' in its place.
8. Section 10.12, paragraph (d) is revised to read as follows:
Sec. 10.12 Service and filing of documents; form and execution.
* * * * *
(d) Filing of documents with the Proceedings Clerk. (1) All
documents which are required to be served upon a party shall be filed
concurrently with the Proceedings Clerk. A document shall be filed by
delivering it in person or by certified or registered mail with return
receipt requested to:
Proceedings Clerk, Office of Proceedings, Three Lafayette
Centre, 1155 21st Street, NW., Washington, DC 20581.
(2) To be timely filed, a document must be received by the
Proceedings Clerk within the time prescribed for filing.
* * * * *
9. Section 10.12, paragraphs (e)(1), (e)(2), (e)(5) and (e)(6) are
amended by removing ``Hearing Clerk'' and adding ``Proceedings Clerk''
in each place it occurs.
10. In Sec. 10.12, the concluding text of paragraph (f)(1) is
amended by removing ``Hearing Clerk'' and adding ``Proceedings Clerk''
in its place.
11. Section 10.12, paragraph (g) is revised to read as follows:
* * * * *
(g) Official docket. The Proceedings Clerk will maintain the
official docket for each proceeding. The official docket is available
for public inspection in the Commission's Office of Proceedings.
Sec. 10.22 [Amended]
12. Section 10.22, paragraph (b) is amended by removing ``Hearing
Clerk'' and adding ``Proceedings Clerk'' in its place.
Sec. 10.23 [Amended]
13. Section 10.23, paragraph (a) is amended by removing ``Hearing
Clerk'' and adding ``Proceedings Clerk'' in its place.
Sec. 10.26 [Amended]
14. Section 10.26, paragraph (a), introductory text, is amended by
removing ``Hearing Clerk'' and adding ``Proceedings Clerk'' in its
place.
Sec. 10.42 [Amended]
15. Section 10.42, paragraph (c)(1) is amended by removing
``Hearing Clerk'' and adding ``Proceedings Clerk'' in its place.
Sec. 10.44 [Amended]
16. Section 10.44, paragraphs (d)(2)(ii) and (f)(1) are amended by
removing ``Hearing Clerk'' and adding ``Proceedings Clerk'' in each
place it occurs.
Sec. 10.65 [Amended]
17. Section 10.65, paragraph (b) is amended by removing ``Hearing
Clerk'' and adding ``Proceedings Clerk'' in its place.
Sec. 10.68 [Amended]
18. Section 10.68, paragraphs (a)(1) and (b)(3) are amended by
removing ``Chief Administrative Law Judge'' and adding ``Director of
the Office of Proceedings'' in each place it occurs.
Sec. 10.81 [Amended]
19. Section 10.81 is amended by removing ``Hearing Clerk'' and
adding ``Proceedings Clerk'' in its place.
Sec. 10.83 [Amended]
20. Section 10.83 is amended by removing ``Hearing Clerk'' and
adding ``Proceedings Clerk'' in its place.
Sec. 10.84 [Amended]
21. Section 10.84, paragraph (b) is amended by removing ``Hearing
Clerk'' and adding ``Proceedings Clerk'' in each place it occurs.
22. Section 10.84, paragraph (c) concluding text is amended by
removing ``Hearing Clerk'' and adding ``Proceedings Clerk'' in its
place.
Sec. 10.92 [Amended]
23. Section 10.92, paragraphs (a), (b)(2) and (b)(3) are amended by
removing ``Hearing Clerk'' and adding ``Proceedings Clerk'' in each
place it occurs.
Sec. 10.102 [Amended]
24. Section 10.102, paragraph (a) is amended by removing ``Hearing
Clerk'' and adding ``Proceedings Clerk'' in each place it occurs.
25. Section 10.102, paragraph (c) is amended by removing ``Hearing
Clerk'' and adding ``Proceedings Clerk'' in its place.
Sec. 10.103 [Amended]
26. Section 10.103, paragraph (a) is amended by removing ``Hearing
Clerk'' and adding ``Proceedings Clerk'' in its place.
Sec. 10.105 [Amended]
27. Section 10.105 is amended by removing ``Hearing Clerk'' and
adding ``Proceedings Clerk'' in its place.
Sec. 10.108 [Amended]
28. Section 10.108, paragraph (d) is amended by removing ``Hearing
Clerk'' and adding ``Proceedings Clerk'' in its place.
Sec. 10.109 [Amended]
29. The introductory text of Sec. 10.109 is amended by removing
``Chief of the Opinions Section'' and adding ``Deputy General Counsel
for Opinions and Review'' in its place.
30. Section 10.109, paragraph (a)(2)(ii) is amended by removing
``Chief'' and adding ``Deputy General Counsel for Opinions and Review''
in its place.
31. Section 10.109, paragraph (b) is amended by removing ``Chief of
the Opinions Section'' and adding ``Deputy General Counsel for Opinions
and Review'' in its place.
32. Section 10.109, paragraph (c) is amended by removing ``Hearing
Clerk'' and adding ``Proceedings Clerk'' in its place.
PART 11--[AMENDED]
1. The authority citation for part 11 continues to read as follows:
Authority: 7 U.S.C. 4a(j), 9 and 15, 12, 12a(5), unless
otherwise noted.
Sec. 11.2 [Amended]
2. Section 11.2, paragraph (a) is amended by removing ``Director of
the Division of Economics and Education'' and adding ``Director of the
Division of Economic Analysis'' in its place.
PART 21--[AMENDED]
1. The authority citation for part 21 continues to read as follows:
Authority: 7 U.S.C. 1a, 2, 2a, 4, 6a, 6c, 6f, 6g, 6h, 6i, 6k,
6m, 6n, 7, 7a, 12a, 19, and 21; 5 U.S.C. 552 and 552(b), unless
otherwise noted.
Sec. 21.02a [Amended]
2. Section 21.02a, paragraph (c) is amended by removing ``Director
of Economics and Education'' and adding ``Director of the Division of
Economic Analysis'' in its place.
The foregoing rules shall be effective October 26, 1995. The
Commission finds that the amendments relate solely to agency
organization, procedure or practice and that the public procedures
and publication prior to the effective date of the amendments, in
accordance with the Administrative Procedure Act, as codified, 5
U.S.C. 553, are not required.
[[Page 54803]]
Issued in Washington, DC, on October 19, 1995, by the
Commission.
Lynn K. Gilbert,
Deputy Secretary of the Commission.
[FR Doc. 95-26371 Filed 10-25-95; 8:45 am]
BILLING CODE 6351-01-P
