Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Proposed Rules 59639

(1) By commodity and put, call or

combined option:

(i) Total number of new contracts

entered into during the reporting period;

(ii) Total quantity of commodity

underlying new contracts entered into

during the reporting period;

(iii) Total number of contracts

outstanding at the end of the reporting

period;

(iv) Total quantity of underlying

commodity outstanding under option

contracts at the end of the reporting

period;

(v) Total premiums collected on

options during the reporting period;

(vi) The value of all fees,

commissions, or other charges other

than option premiums, collected on

trade options during the reporting

period;

(vii) Total number of options

exercised during the reporting period;

(viii) Total quantity of commodity

underlying the exercise of options

during the reporting period.

(2) Total number of customers by

commodity with open option contracts

at the end of the reporting period.

(e) Special calls. Upon special call by

the Commission for information relating

to agricultural trade options offered or

sold on the dates specified in the call,

each agricultural trade option merchant

shall furnish to the Commission within

the time specified the following

information as specified in the call:

(1) All positions and transactions in

agricultural trade options including

information on the identity of

agricultural trade option customers.

(2) All positions and transactions for

future delivery or options on contracts

for future delivery or on physicals on all

contract markets.

(3) All positions and transactions in

cash commodities, their products, and

by-products.

(f) Internal controls. (1) Each

agricultural trade option merchant

registered with the Commission shall

prepare, maintain and preserve

information relating to its written

policies, procedures, or systems

concerning the agricultural trade option

merchant’s internal controls with

respect to market risk, credit risk, and

other risks created by the agricultural

trade option merchant’s activities,

including systems and policies for

supervising, monitoring, reporting and

reviewing trading activities in

agricultural trade options; policies for

hedging or managing risk created by

trading activities in agricultural trade

options, including a description of the

types of reviews conducted to monitor

positions; and policies relating to

restrictions or limitations on trading

activities.

(2) The financial statements of the

agricultural trade option merchant must

on an annual basis be audited by a

certified public accountant in

accordance with generally accepted

auditing standards.

(3) The agricultural trade option

merchant must file with the

Commission a copy of its certified

financial statements within 90 days after

the close of the agricultural trade option

merchant’s fiscal year.

(4) The agricultural trade option

merchant must perform a reconciliation

of its books at least monthly.

(5) The agricultural trade option

merchant:

(i) Must report immediately if its net

worth falls below the level prescribed in

§ 3.13 of this chapter, and must report

within three days discovery of a

material inadequacy in its financial

statements by the independent public

accountant or any state or federal

agency performing an audit of its

financial statements promptly to the

Commission and National Futures

Association by facsimile, telegraphic or

other similar electronic notice; and

(ii) Within five business days after

giving such notice, the agricultural trade

option merchant must file a written

report with the Commission stating

what steps have been taken or are being

taken to correct the material

inadequacy.

(6) If the agricultural trade option

merchant’s net worth falls below the

level prescribed in § 3.13(c)(1) of this

chapter, it must immediately cease

offering or entering into new option

transactions and must notify customers

having premiums which the agricultural

trade option merchant is holding under

paragraph (a)(4) of this section that such

customers can obtain an immediate

refund of that premium amount, thereby

closing the option position.

(g) Exemption. (1) The provisions of

this section shall not apply to a

commodity option offered by a person

which has a reasonable basis to believe

that the option is offered to a producer,

processor, or commercial user of, or a

merchant handling, the commodity

which is the subject of the commodity

option transaction, or the products or by

products thereof, and that such

producer processor, commercial user or

merchant is offered or enters into the

commodity option transaction solely for

purposes related to its business as such,

and that both parties to the contract

have a net worth of not less than 10

million dollars.

(2) Provided, however, that § 32.9 of

this part continues to apply to such

option transactions.

PART 33—REGULATION OF

DOMESTIC EXCHANGE-TRADED

COMMODITY OPTION TRANSACTIONS

7. The authority citation for part 33

continues to read as follows:

Authority: 7 U.S.C. 1a, 2, 4, 6, 6a, 6d, 6e,

6f, 6g, 6h, 6i, 6j, 6k, 6l, 6m, 6n, 6o, 7, 7a, 7b,

8, 9, 11, 12a, 13a, 13a–1, 13b, 19, and 21.

8. The first sentence of the

introductory text of § 33.4 is proposed to

be revised to read as follows:

§ 33.4 Designation as a contract market for

the trading of commodity options.

The Commission may designate any

board of trade located in the United

States as a contract market for the

trading of options on contracts of sale

for future delivery or for options on

physicals in any commodity regulated

under the Act, when the applicant

complies with and carries out the

requirements of the Act (as provided in

§ 33.2), these regulations, and the

following conditions and requirements

with respect to the commodity option

for which the designation is sought:

* * * * *

Issued this 29th day of October 1997, in

Washington, DC, by the Commodity Futures

Trading Commission.

Jean A. Webb,

Secretary of the Commission.

[FR Doc. 97–29037 Filed 11–3–97; 8:45 am]

BILLING CODE 6351–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Parts 707 and 874

RIN 1029–AB94

Enhancing Abandoned Mine Land

(AML) Reclamation

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Advanced notice of proposed

rulemaking; notice of public meetings.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

announcing times and locations of

meetings open to the public to discuss

its early draft of a proposal for adding

to the reclamation of abandoned mine

lands already being accomplished under

Title IV of the Surface Mining Control

and Reclamation Act of 1977 (SMCRA).

OSM is seeking to involve the public in

the development of a proposed rule
59640 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Proposed Rules

through a request for written comments

to the draft proposal as well as

discussions and exchange of

information at meetings such as are

being announced here. OSM has sent

the draft proposal to State and Tribal

representatives and to industry, local

and national citizen and environmental

groups.

DATES: OSM will hold meetings on:

November 13 from 4:00 to 8:00 p.m. in

Charleston, WV and from 1:00 to 8:00

p.m. in Denver, CO; November 17 at

6:00 p.m. in Madisonville, KY and at

7:00 p.m. in St. Clairsville, OH;

November 18 at 6:00 p.m. in Hazard,

KY; November 19 from 8:00 to 10:00

p.m. in Johnstown, PA and from 5:30 to

7:30 p.m. in St. Paul, VA; and November

24 at 6:30 p.m. in Crossville, TN.

ADDRESSES: The meetings will be held at

the Heart o’Town Hotel, 1000

Washington Street East in Charleston,

WV; at the Executive Tower Hotel

(Adams Room), 1405 Curtis Street in

Denver, CO; at the Days Inn, 1900

Lantaff Blvd. in Madisonville, KY; at the

Hampton Inn (Pinto Room), 51130

National Road in St. Clairsville, OH; at

the Hazard City Hall, 700 Main Street in

Hazard, KY; at the Holiday Inn, 250

Market Street in Johnstown, PA; at the

Oxbow Center, 16620 East Riverside

Drive in St. Paul, VA; and at the Ramada

Inn, Highway 27 at I–40 in Crossville,

TN. Any individual who requires

special accommodation to attend a

meeting should contact the person listed

under FOR FURTHER INFORMATION

CONTACT.

FOR FURTHER INFORMATION CONTACT: D.J.

Growitz, Office of Surface Mining, U.S.

Department of the Interior, 1951

Constitution Avenue, NW, Washington,

D.C. 20240; telephone (202) 208–2634.

E-mail: dgrowitz@osmre.gov.

SUPPLEMENTARY INFORMATION: OSM is

seeking to increase reclamation under

Title IV of SMCRA. In a Federal

Register notice published on October

24, 1997, (62 FR 55365) OSM

announced the availability of the early

draft of a proposal to enhance

reclamation under the abandoned mine

land (AML) program. OSM also

announced in that notice that it would

hold meetings with interested persons

to discuss the draft proposal and

publish a schedule for those meetings in

the Federal Register. When a proposed

rule is developed, it will be published

in the Federal Register for public

comment in accordance with the

requirements of the Administrative

Procedure Act, and public hearings will

be held on request.

The proposal may be obtained from

FAX ON DEMAND by calling 202–219–

1703 and following the instructions on

the recorded message. The October 24

Federal Register notice contains

additional background information.

Dated: October 30, 1997.

Ruth E. Stokes,

Acting Assistant Director, Program Support.

[FR Doc. 97–29133 Filed 11–3–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Parts 2 and 3

[Docket No. 970428100–7256–02]

RIN 0651–AA87

Miscellaneous Changes to Trademark

Trial and Appeal Board Rules

AGENCY: Patent and Trademark Office,

Commerce.

ACTION: Proposed rule; notice of hearing

and reopening of comment period.

SUMMARY: The Patent and Trademark

Office (PTO) will hold a public hearing,

and reopen the comment period, on

changes to certain rules and practices of

the Trademark Trial and Appeal Board

that were proposed in June of 1997 (62

FR 30802, June 5, 1997). Interested

members of the public are invited to

testify at the public hearing and to

submit written comments on these

proposed changes.

DATES: The public hearing will be held

on Wednesday, December 10, 1997,

beginning at 9:00 a.m.

Those wishing to present oral

testimony at the hearing must request an

opportunity to do so no later than

Friday, December 5, 1997.

Speakers may provide a written copy

of their testimony for inclusion in the

record of the proceedings no later than

Wednesday, December 17, 1997.

Written comments will be accepted by

the PTO until December 10, 1997.

Written comments and transcripts of

the hearing will be available for public

inspection on or about Wednesday,

January 7, 1998.

ADDRESSES: The hearing will be held on

Wednesday, December 10, 1997,

beginning at 9:00 a.m. in the

Commissioner’s Conference Room,

located on the 9th floor of Crystal Park

2, 2121 Crystal Drive, Arlington,

Virginia 22202.

Requests to testify should be sent to

Ellen Seeherman by telephone at (703)

308–9300, ext. 206, by facsimile

transmission at (703) 308–9333, or by

mail marked to her attention and

addressed to Assistant Commissioner

for Trademarks, Box TTAB–No Fee,

2900 Crystal Drive, Arlington, Virginia

22202–3513.

Written comments may be sent by

mail addressed to Assistant

Commissioner for Trademarks, Box

TTAB–No Fee, 2900 Crystal Drive,

Arlington, Virginia 22202–3513, marked

to the attention of Ellen J. Seeherman.

Written comments may also be sent by

facsimile transmission to (703) 308–

9333, marked to the attention of Ellen J.

Seeherman.

Written comments and transcripts of

the hearing will be maintained for

public inspection in Suite 900, on the

9th Floor of the South Tower Building,

2900 Crystal Drive, Arlington, Virginia

22202–3513.

FOR FURTHER INFORMATION CONTACT:

Ellen J. Seeherman, Administrative

Trademark Judge, Trademark Trial and

Appeal Board, by telephone at (703)

308–9300, ext. 206, or by mail marked

to her attention and addressed to

Assistant Commissioner for Trademarks,

Box TTAB–No Fee, 2900 Crystal Drive,

Arlington, Virginia 22202–3513 or by

facsimile transmission marked to her

attention and sent to (703) 308–9333.

SUPPLEMENTARY INFORMATION: A notice

of proposed rulemaking to amend

certain rules governing practice before

the Trademark Trial and Appeal Board

was published in the Federal Register

on June 5, 1997 (62 FR 30802) and in

the Official Gazette on June 24, 1997

(1199 TMOG 88). A number of the

comments made in response to that

notice suggested that a public hearing be

held on the proposed rules changes.

Accordingly, the PTO has decided to

hold a public hearing on the proposed

rules changes on December 10, 1997.

Moreover, some trade organizations

expressed the concern that, because the

comment period occurred during the

summer months, some practitioners and

other interested parties and entities

were not aware of the proposed

amendments. Accordingly, the PTO has

decided to reopen the comment period.

All comments previously submitted will

be considered together with any

additional written comments which are

submitted by December 10, 1997.

It should be noted that, in view of the

comments already received, the PTO

has determined that it will not adopt the

proposed changes to Sections 2.120(d)

and 2.120(h) regarding limiting the

number of requests for production of

documents and the requests for

admission which may be served.