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Federal Register/Vol. 83, No. 156/Monday, August 13, 2018

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Federal Register/Vol. 83, No. 156/Monday, August 13, 2018 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Proposed Rules 39923 these alternative controls on specific Registration’’ and RIN number 3038– SUPPLEMENTARY INFORMATION: types of spraying or fogging systems AE65, by any of the following methods: Table of Contents (including ‘‘parts,’’ ‘‘components,’’ • CFTC Comments Portal: https:// ‘‘accessories,’’ and ‘‘attachments’’ comments.cftc.gov. Select the ‘‘Submit I. Background therefor) that are currently being Comments’’ link for this rulemaking and A. Project KISS manufactured and/or sold or that are follow the instructions on the Public B. Statutory and Regulatory Framework for Swaps Execution and Clearing likely to be manufactured and/or sold in Comment Form. • C. Statutory and Regulatory Requirements the foreseeable future. Comments on Mail: Send to Christopher for Registration and Operation of DCOs option #4 (where the ECCN 2B352.i Kirkpatrick, Secretary of the II. Proposed Amendments to Part 39 control text would include the term Commission, Commodity Futures A. Regulation 39.1—Scope ‘‘specially designed’’) should not only Trading Commission, Three Lafayette B. Regulation 39.2—Definitions address this option with reference to the Centre, 1155 21st Street NW, C. Regulation 39.6—Exemption Provisions four criteria described above, but also Washington, DC 20581. D. Regulation 39.9—Scope identify any performance levels, • Hand Delivery/Courier: Follow the III. Proposed Amendments to Part 140— same instructions as for Mail, above. Delegations of Authority characteristics, or functions that clearly IV. Request for Comments distinguish commercial spraying or Please submit your comments using V. Consideration of Costs and Benefits fogging systems from those systems only one of these methods. To avoid A. Introduction having properties that are peculiarly possible delays with mail or in-person B. Proposed Regulation 39.6 responsible for achieving the deliveries, submissions through the C. Section 15(a) Factors dissemination or dispersion of CFTC Comments Portal are encouraged. VI. Related Matters chemicals controlled by ECCN 1C350 or All comments must be submitted in A. Regulatory Flexibility Act 1C355 or biological agents controlled by English, or if not, accompanied by an B. Paperwork Reduction Act ECCN 1C351 in a manner likely to cause English translation. Comments will be I. Background significant harm to humans or livestock posted as received to https:// or serious damage to crops. comments.cftc.gov. You should submit A. Project KISS Dated: August 6, 2018. only information that you wish to make The Commission is engaging in an available publicly. If you wish the agency-wide review of its rules, Richard E. Ashooh, Commission to consider information regulations, and practices to make them Assistant Secretary for Export that you believe is exempt from simpler, less burdensome, and less Administration. disclosure under the Freedom of costly, and to make progress on G–20 [FR Doc. 2018–17249 Filed 8–10–18; 8:45 am] Information Act (FOIA), a petition for regulatory reforms. This initiative is BILLING CODE 3510–33–P confidential treatment of the exempt called Project KISS, which stands for information may be submitted according ‘‘Keep It Simple, Stupid.’’ 2 The to the procedures established in § 145.9 Commission is proposing to adopt COMMODITY FUTURES TRADING of the Commission’s regulations.1 regulations that would codify the COMMISSION The Commission reserves the right, policies and procedures that the but shall have no obligation, to review, Commission is currently following with 17 CFR Parts 39 and 140 pre-screen, filter, redact, refuse or respect to granting exemptions from remove any or all of your submission DCO registration in order to make such RIN 3038–AE65 from https://comments.cftc.gov that it policies and procedures transparent to Exemption From Derivatives Clearing may deem to be inappropriate for all potential applicants. publication, such as obscene language. Organization Registration B. Statutory and Regulatory Framework All submissions that have been redacted for Swaps Execution and Clearing AGENCY: Commodity Futures Trading or removed that contain comments on Commission. the merits of the rulemaking will be The Commodity Exchange Act (CEA) 3 ACTION: Notice of proposed rulemaking. retained in the public comment file and provides that a clearing organization will be considered as required under the may not ‘‘perform the functions of a SUMMARY: The Commodity Futures Administrative Procedure Act and other [DCO]’’ 4 with respect to swaps unless Trading Commission (Commission) is applicable laws, and may be accessible proposing amendments to its under the FOIA. 2 See Remarks of Acting Chairman J. Christopher Giancarlo before the 42nd Annual International regulations to establish a regulatory FOR FURTHER INFORMATION CONTACT: Futures Industry Conference in Boca Raton, FL, framework within which the Eileen A. Donovan, Deputy Director, Mar. 15, 2017, available at https://www.cftc.gov/ Commission may exempt a clearing 202–418–5096, [email protected]; PressRoom/SpeechesTestimony/opagiancarlo-20. organization that is organized outside of On February 24, 2017, President Donald J. Trump Parisa Abadi, Associate Director, 202– issued Executive Order 13777: Enforcing the the United States (hereinafter referred to 418–6620, [email protected]; Eileen R. Regulatory Reform Agenda (E.O. 13777). E.O. 13777 as ‘‘non-U.S. clearing organization’’) Chotiner, Senior Compliance Analyst, directs federal agencies, among other things, to from registration as a derivatives 202–418–5467, [email protected]; designate a Regulatory Reform Officer and establish clearing organization (DCO) in a Regulatory Reform Task Force. Although the Abigail S. Knauff, Special Counsel, 202– CFTC, as an independent federal agency, is not connection with the clearing 418–5123, [email protected]; Division of bound by E.O. 13777, the Commission is organization’s clearing of swaps. In Clearing and Risk, Commodity Futures nevertheless engaging in an agency-wide review of addition, the Commission is proposing Trading Commission, Three Lafayette its rules, regulations, and practices to make them certain amendments to its delegation simpler, less burdensome, and less costly. See Centre, 1155 21st Street NW, Request for Information, 82 FR 23756 (May 24, provisions in its regulations. Washington, DC 20581. 2017). DATES: Comments must be received on 3 7 U.S.C. 1 et seq. or before October 12, 2018. 1 17 CFR 145.9. Commission regulations referred 4 The term ‘‘derivatives clearing organization’’ is ADDRESSES: to herein are found at 17 CFR chapter I (2018), and statutorily defined to mean a clearing organization You may submit comments, are accessible on the Commission’s website at in general. However, for purposes of the discussion identified by ‘‘Exemption from https://www.cftc.gov/LawRegulation/Commodity herein, the term ‘‘DCO’’ refers to a Commission- Derivatives Clearing Organization ExchangeAct/index.htm. Continued VerDate Sep<11>2014 17:58 Aug 10, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\13AUP1.SGM 13AUP1 sradovich on DSK3GMQ082PROD with PROPOSALS 39924 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Proposed Rules the clearing organization is registered that the home country’s supervisory and member of the CPMI–IOSCO task force with the Commission.5 However, the regulatory framework should be that monitors implementation of the CEA also permits the Commission to consistent with, and achieve the same PFMIs. The PFMIs are comparable to the conditionally or unconditionally outcome as, the statutory and regulatory DCO Core Principles and applicable exempt a clearing organization from requirements applicable to registered Commission regulations in purpose and registration for the clearing of swaps if DCOs. This outcomes-based approach scope. Both address major elements the Commission determines that the reflects the Commission’s recognition critical to the safe and efficient clearing organization is subject to that a foreign jurisdiction’s supervisory operations of clearing organizations, ‘‘comparable, comprehensive and regulatory scheme applicable to its such as risk management, adequacy of supervision and regulation’’ by clearing organizations may differ from financial resources, default appropriate government authorities in the Commission’s in certain respects, management, margin, settlement, and the clearing organization’s home but nevertheless may achieve the same participation requirements.13 In light of country.6 underlying goals. This approach also the foregoing, the Commission believes To date, the Commission has supports the Commission’s effort to that a supervisory and regulatory exempted four non-U.S. clearing strike an appropriate balance by framework that adheres to the organizations from DCO registration. focusing on the risk implications to the framework under the PFMIs achieves The Commission is proposing to adopt United States, while promoting global outcomes that are comparable to that of regulations that would codify the harmonization. the supervisory and regulatory policies and procedures that the Further, the Commission has deemed requirements applicable to registered Commission is currently following with a supervisory and regulatory framework DCOs. Accordingly, the Commission respect to granting exemptions from that conforms to the Principles for proposes to continue to use the PFMI DCO registration and would make such Financial Market Infrastructures
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