§ 17.03 Delegation of authority to the Director of the Division of Data or the Director of the Division of Market Oversight. The Commission hereby delegates, until the Commission orders otherwise, the authority set forth in the paragraphs below to either the Director of the Division of Data or the Director of the Division of Market Oversight, as indicated below, to be exercised by such Director or by such other employee or employees of such Director as designated by such Director. The Director of the Division of Data or the Director of the Division of Market Oversight may submit to the Commission for its consideration any matter which has been delegated to such Director in this paragraph. Nothing in this paragraph prohibits the Commission, at its election, from exercising the authority delegated in this paragraph. ( a ) Pursuant to § 17.00(a) and (h), the authority shall be designated to the Director of the Division of Data to determine whether futures commission merchants, clearing members, and foreign brokers may report the information required under § 17.00(a) and (h) using some format other than that required under § 17.00(g) upon a determination that such person is unable to report the information using the format, coding structure, or electronic data transmission procedures otherwise required.
( b ) Pursuant to § 17.02, the authority shall be designated to the Director of the Division of Data to instruct or approve the time at which the information required under §§ 17.00 and 17.01(a) and (b) must be submitted by futures commission merchants, clearing members and foreign brokers provided that such persons are unable to meet the requirements set forth in § 17.02.
( c ) Pursuant to § 17.01, the authority shall be designated to the Director of the Division of Data to determine whether to permit an authorized representative of a firm filing the Form 102 or person filing the Form 71 to use a means of authenticating the report other than by signing the Form 102 or Form 71 and, if so, to determine the alternative means of authentication that shall be used.
( d ) Pursuant to § 17.00(a), (g), and (h), the authority shall be designated to the Director of the Division of Data to determine the form, manner, coding structure, and electronic data transmission procedures for reporting the data elements in appendix C to this part and to determine whether to permit or require one or more particular data standards.
( e ) Pursuant to § 17.01(c), the authority shall be designated to the Director of the Division of Data, in consultation with the Director of the Division of Market Oversight, or such other employee or employees as the Directors each may designate, to make special calls on Form 71 for omnibus volume threshold account originators and omnibus reportable sub-account originators information as set forth in § 17.01(c).
( f ) Pursuant to § 17.01(e), the authority shall be designated to the Director of the Division of Data, in consultation with the Director of the Division of Market Oversight, or such other employee or employees as the Directors each may designate, to request information required to be filed by futures commission merchants, clearing members, foreign brokers, and reporting markets as set forth in § 17.01.
( g ) Pursuant to § 17.02(b)(4), the authority shall be designated to the Director of the Division of Data to determine the date on which each futures commission merchant, clearing member, or foreign broker shall update or otherwise resubmit every Form 102 that it has submitted to the Commission for each of its special accounts.
( h ) Pursuant to § 17.02(c)(4), the authority shall be designated to the Director of the Division of Data to determine the date on which each clearing member shall update or otherwise resubmit every Form 102 that it has submitted to the Commission for each of its volume threshold accounts.
( i ) Pursuant to § 17.00(b), and as specifically provided in § 150.4 of this chapter, the authority shall be designated to the Director of the Division of Data to instruct a futures commission merchant, clearing member, or foreign broker to consider otherwise than as a single account for the purpose of determining special account status and for reporting purposes all accounts one person holds or controls, or in which the person has a financial interest.
[78 FR 69232, Nov. 18, 2013, as amended at 82 FR 28768, June 26, 2017; 86 FR 3455, Jan. 14, 2021; 89 FR 47457, June 3, 2024; 89 FR 71809, Sept. 4, 2024]