14174 Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Rules and Regulations 

(i) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6720, Tail rotor control system. 

Issued in Fort Worth, Texas, on January 31, 

2014. 

Lance T. Gant, 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–04282 Filed 3–12–14; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 30 

RIN 3038–AD88 

Enhancing Protections Afforded 

Customers and Customer Funds Held 

by Futures Commission Merchants 

and Derivatives Clearing 

Organizations; Correction 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Correcting amendments. 

SUMMARY: The Commodity Futures 

Trading Commission (CFTC) is 

correcting final rules published in the 

Federal Register of November 14, 2013 

(78 FR 68506). Those rules, 17 CFR 

Parts 1, 3, 22, 30, and 140, took effect 

on January 13, 2014. This correction 

amends Appendix E to Part 30 

correcting a typographical error 

contained in that appendix. 

DATES: Effective on March 13, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Smith, Deputy Director, 202– 

418–5495, tsmith@cftc.gov, or Mark 

Bretscher, Attorney-Advisor, 312–596– 

0529, mbretscher@cftc.gov, Division of 

Swap Dealer and Intermediary 

Oversight, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW., Washington, DC 

20581. 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of November 14, 2013 

(78 FR 68506), the CFTC published final 

rules adopting new regulations and 

amending existing regulations to require 

enhanced customer protections, risk 

management programs, internal 

monitoring and controls, capital and 

liquidity standards, customer 

disclosures, and auditing and 

examination programs for futures 

commission merchants. Those rules 

include Appendix E to Part 30— 

Acknowledgement Letter for CFTC 

Regulation 30.7 Customer Secured 

Account (‘‘acknowledgment letter’’). 

The third sentence of the second full 

paragraph of the body of the Appendix 

E acknowledgement letter contains a 

typographical error. Specifically, the 

phrase ‘‘lines or credit’’ should read 

‘‘lines of credit’’. The Commission is 

making a correcting amendment to 

Appendix E to Part 30 to correct that 

error. 

List of Subjects in 17 CFR Part 30 

Commodity futures, Consumer 

protection, Currency, Reporting and 

recordkeeping requirements. 

Accordingly, 17 CFR part 30 is 

corrected by making the following 

correcting amendment: 

PART 30—FOREIGN FUTURES AND 

FOREIGN OPTIONS TRANSACTIONS 

■ 1. The authority citation for part 30 

continues to read as follows: 

Authority: 7 U.S.C. 1a, 2, 6, 6c, and 12a, 

unless otherwise noted. 

■ 2. Revise Appendix E to part 30 to 

read as follows: 

Appendix E to Part 30— 

Acknowledgment Letter for CFTC 

Regulation 30.7 Customer Secured 

Account 

[Date] 

[Name and Address of Depository] 

We refer to the Secured Amount 

Account(s) which [Name of Futures 

Commission Merchant] (‘‘we’’ or ‘‘our’’) have 

opened or will open with [Name of 

Depository] (‘‘you’’ or ‘‘your’’) entitled: 

[Name of Futures Commission Merchant] 

[if applicable, add ‘‘FCM Customer Omnibus 

Account’’] CFTC Regulation 30.7 Customer 

Secured Account under Section 4(b) of the 

Commodity Exchange Act [and, if applicable, 

‘‘, Abbreviated as [short title reflected in the 

depository’s electronic system]’’] 

Account Number(s): [ ] 

(collectively, the ‘‘Account(s)’’). 

You acknowledge that we have opened or 

will open the above-referenced Account(s) 

for the purpose of depositing, as applicable, 

money, securities and other property 

(collectively ‘‘Funds’’) of customers who 

trade foreign futures and/or foreign options 

(as such terms are defined in U.S. 

Commodity Futures Trading Commission 

(‘‘CFTC’’) Regulation 30.1, as amended); that 

the Funds held by you, hereafter deposited 

in the Account(s) or accruing to the credit of 

the Account(s), will be kept separate and 

apart and separately accounted for on your 

books from our own funds and from any 

other funds or accounts held by us, in 

accordance with the provisions of the 

Commodity Exchange Act, as amended (the 

‘‘Act’’), and Part 30 of the CFTC’s regulations, 

as amended; that the Funds may not be 

commingled with our own funds in any 

proprietary account we maintain with you; 

and that the Funds must otherwise be treated 

in accordance with the provisions of Section 

4(b) of the Act and CFTC Regulation 30.7. 

Furthermore, you acknowledge and agree 

that such Funds may not be used by you or 

by us to secure or guarantee any obligations 

that we might owe to you, and they may not 

be used by us to secure or obtain credit from 

you. You further acknowledge and agree that 

the Funds in the Account(s) shall not be 

subject to any right of offset or lien for or on 

account of any indebtedness, obligations or 

liabilities we may now or in the future have 

owing to you. This prohibition does not 

affect your right to recover funds advanced 

in the form of cash transfers, lines of credit, 

repurchase agreements or other similar 

liquidity arrangements you make in lieu of 

liquidating non-cash assets held in the 

Account(s) or in lieu of converting cash held 

in the Account(s) to cash in a different 

currency. 

In addition, you agree that the Account(s) 

may be examined at any reasonable time by 

the director of the Division of Swap Dealer 

and Intermediary Oversight of the CFTC or 

the director of the Division of Clearing and 

Risk of the CFTC, or any successor divisions, 

or such directors’ designees, or an 

appropriate officer, agent or employee of our 

designated self-regulatory organization 

(‘‘DSRO’’), [Name of DSRO], and this letter 

constitutes the authorization and direction of 

the undersigned on our behalf to permit any 

such examination to take place without 

further notice or consent from us. 

You agree to reply promptly and directly 

to any request for confirmation of account 

balances or provision of any other 

information regarding or related to the 

Account(s) from the director of the Division 

of Swap Dealer and Intermediary Oversight 

of the CFTC or the director of the Division 

of Clearing and Risk of the CFTC, or any 

successor divisions, or such directors’ 

designees, or an appropriate officer, agent, or 

employee of [Name of DSRO], acting in its 

capacity as our DSRO, and this letter 

constitutes the authorization and direction of 

the undersigned on our behalf to release the 

requested information without further notice 

to or consent from us. 

You further acknowledge and agree that, 

pursuant to authorization granted by us to 

you previously or herein, you have provided, 

or will promptly provide following the 

opening of the Account(s), the director of the 

Division of Swap Dealer and Intermediary 

Oversight of the CFTC, or any successor 

division, or such director’s designees, with 

technological connectivity, which may 

include provision of hardware, software, and 

related technology and protocol support, to 

facilitate direct, read-only electronic access 

to transaction and account balance 

information for the Account(s). This letter 

constitutes the authorization and direction of 

the undersigned on our behalf for you to 

establish this connectivity and access if not 

previously established, without further 

notice to or consent from us. 

The parties agree that all actions on your 

part to respond to the above information and 

access requests will be made in accordance 

with, and subject to, such usual and 

customary authorization verification and 

authentication policies and procedures as 

may be employed by you to verify the 

authority of, and authenticate the identity of, 

the individual making any such information 

or access request, in order to provide for the 

secure transmission and delivery of the 


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Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Rules and Regulations 14175 

requested information or access to the 

appropriate recipient(s). 

We will not hold you responsible for acting 

pursuant to any information or access request 

from the director of the Division of Swap 

Dealer and Intermediary Oversight of the 

CFTC or the director of the Division of 

Clearing and Risk of the CFTC, or any 

successor divisions, or such directors’ 

designees, or an appropriate officer, agent, or 

employee of [Name of DSRO], acting in its 

capacity as our DSRO, upon which you have 

relied after having taken measures in 

accordance with your applicable policies and 

procedures to assure that such request was 

provided to you by an individual authorized 

to make such a request. 

In the event we become subject to either a 

voluntary or involuntary petition for relief 

under the U.S. Bankruptcy Code, we 

acknowledge that you will have no obligation 

to release the Funds held in the Account(s), 

except upon instruction of the Trustee in 

Bankruptcy or pursuant to the Order of the 

respective U.S. Bankruptcy Court. 

Notwithstanding anything in the foregoing 

to the contrary, nothing contained herein 

shall be construed as limiting your right to 

assert any right of offset or lien on assets that 

are not 30.7 customer funds maintained in 

the Account(s), or to impose such charges 

against us or any proprietary account 

maintained by us with you. Further, it is 

understood that amounts represented by 

checks, drafts or other items shall not be 

considered to be part of the Account(s) until 

finally collected. Accordingly, checks, drafts 

and other items credited to the Account(s) 

and subsequently dishonored or otherwise 

returned to you or reversed, for any reason, 

and any claims relating thereto, including but 

not limited to claims of alteration or forgery, 

may be charged back to the Account(s), and 

we shall be responsible to you as a general 

endorser of all such items whether or not 

actually so endorsed. 

You may conclusively presume that any 

withdrawal from the Account(s) and the 

balances maintained therein are in 

conformity with the Act and CFTC 

regulations without any further inquiry, 

provided that, in the ordinary course of your 

business as a depository, you have no notice 

of or actual knowledge of a potential 

violation by us of any provision of the Act 

or Part 30 of the CFTC regulations that relates 

to the holding of customer funds; and you 

shall not in any manner not expressly agreed 

to herein be responsible to us for ensuring 

compliance by us with such provisions of the 

Act and CFTC regulations; however, the 

aforementioned presumption does not affect 

any obligation you may otherwise have under 

the Act or CFTC regulations. 

You may, and are hereby authorized to, 

obey the order, judgment, decree or levy of 

any court of competent jurisdiction or any 

governmental agency with jurisdiction, 

which order, judgment, decree or levy relates 

in whole or in part to the Account(s). In any 

event, you shall not be liable by reason of any 

action or omission to act pursuant to any 

such order, judgment, decree or levy, to us 

or to any other person, firm, association or 

corporation even if thereafter any such order, 

decree, judgment or levy shall be reversed, 

modified, set aside or vacated. 

The terms of this letter agreement shall 

remain binding upon the parties, their 

successors and assigns and, for the avoidance 

of doubt, regardless of a change in the name 

of either party. This letter agreement 

supersedes and replaces any prior agreement 

between the parties in connection with the 

Account(s), including but not limited to any 

prior acknowledgment letter agreement, to 

the extent that such prior agreement is 

inconsistent with the terms hereof. In the 

event of any conflict between this letter 

agreement and any other agreement between 

the parties in connection with the 

Account(s), this letter agreement shall govern 

with respect to matters specific to Section 

4(b) of the Act and the CFTC’s regulations 

thereunder, as amended. 

This letter agreement shall be governed by 

and construed in accordance with the laws 

of [Insert governing law] without regard to 

the principles of choice of law. 

Please acknowledge that you agree to abide 

by the requirements and conditions set forth 

above by signing and returning to us the 

enclosed copy of this letter agreement, and 

that you further agree to provide a copy of 

this fully executed letter agreement directly 

to the CFTC (via electronic means in a format 

and manner determined by the CFTC) and to 

[Name of DSRO], acting in its capacity as our 

DSRO. We hereby authorize and direct you 

to provide such copies without further notice 

to or consent from us, no later than three 

business days after opening the Account(s) or 

revising this letter agreement, as applicable. 

[Name of Futures Commission Merchant] 

By: 

Print Name: 

Title: 

ACKNOWLEDGED AND AGREED: 

[Name of Depository] 

By: 

Print Name: 

Title: 

Contact Information: [Insert phone number 

and email address] 

DATE: 

Issued in Washington, DC, on March 7, 

2014, by the Commission. 

Christopher J. Kirkpatrick, 

Deputy Secretary of the Commission. 

[FR Doc. 2014–05465 Filed 3–12–14; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 573 

[Docket No. FDA–2012–F–1100] 

Food Additives Permitted in Feed and 

Drinking Water of Animals; Benzoic 

Acid 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

regulations for food additives permitted 

in feed and drinking water of animals to 

provide for the safe use of benzoic acid 

as an acidifying agent in swine feed. 

This action is in response to a food 

additive petition filed by DSM 

Nutritional Products. 

DATES: This rule is effective March 13, 

2014. Submit either written or 

electronic objections and requests for a 

hearing by April 14, 2014. See section 

V of this document for information on 

the filing of objections. 

ADDRESSES: You may submit either 

electronic or written objections and a 

request for a hearing, identified by 

Docket No. FDA–2012–F–1100, by any 

of the following methods: 

Electronic Submissions 

Submit electronic objections in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written objections in the 

following ways: 

• Mail/Hand delivery/Courier (for 

paper submissions): Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852. 

Instructions: All submissions received 

must include the Agency name and 

docket number for this rulemaking. All 

objections received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. For 

additional information on submitting 

objections, see the ‘‘Objections’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

read background documents or 

objections received, go to http://

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Division of Dockets 

Management, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Isabel W. Pocurull, Center for Veterinary 

Medicine (HFV–226), Food and Drug 

Administration, 7519 Standish Pl., 

Rockville, MD 20855, 240–453–6853, 

isabel.pocurull@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In a notice published in the Federal 

Register of December 4, 2012 (77 FR 


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