This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

9565 

Vol. 74, No. 42 

Thursday, March 5, 2009 

FEDERAL ELECTION COMMISSION 

11 CFR Parts 100, 104, and 110 

[Notice 2009–07] 

Reporting Contributions Bundled by 

Lobbyists, Registrants and the PACs 

of Lobbyists and Registrants 

AGENCY: Federal Election Commission. 

ACTION: Final rule; correction. 

SUMMARY: The Federal Election 

Commission is correcting a compliance 

date that appeared in the Federal 

Register of February 17, 2009 (74 FR 

7285). The document issued the final 

rules regarding the disclosure of 

information about bundled 

contributions provided by certain 

lobbyists, registrants and political 

committees established or controlled by 

lobbyists and registrants. 

DATES: This correction is effective 

March 19, 2009. The final rule 

published on February 17, 2009 remains 

effective on March 19, 2009, and the 

compliance date for paragraphs (b) and 

(e) of 11 CFR 104.22 remains May 18, 

2009. However, political committees 

that are ‘‘lobbyist/registrant PACs’’ must 

amend their FEC Form 1 (Statement of 

Organization) by March 29, 2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy L. Rothstein, Assistant General 

Counsel, Ms. Cheryl A.F. Hemsley, or 

Ms. Esther Heiden, Attorneys, 999 E 

Street, NW., Washington, DC 20463, 

(202) 694–1650 or (800) 424–9530. 

SUPPLEMENTARY INFORMATION: The 

Commission is publishing this 

document to correct an error that 

appeared in FR Doc. E9–2838, on page 

7285 in the Federal Register of Tuesday, 

February 17, 2009 (74 FR 7285). The 

correction is as follows: 

DATES: [Corrected] 

On page 7285, in the first column, in 

the DATES section, the deadline for 

lobbyist/registrant PACs to amend their 

FEC Form 1 (Statement of Organization) 

is corrected to read as follows: ‘‘Political 

committees that are ‘‘lobbyist/registrant 

PACs’’ must amend their FEC Form 1 

(Statement of Organization) by March 

29, 2009.’’ 

On behalf of the Commission, 

Dated: February 27, 2009. 

Steven T. Walther, 

Chairman, Federal Election Commission. 

[FR Doc. E9–4653 Filed 3–4–09; 8:45 am] 

BILLING CODE 6715–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0199; Directorate 

Identifier 2009–NM–017–AD; Amendment 

39–15835; AD 2009–05–11] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 777–200 and –300 Series 

Airplanes Equipped With Rolls-Royce 

Model RB211–TRENT 800 Series 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD) 

that applies to certain Boeing Model 

777–200 and –300 series airplanes. The 

existing AD currently requires revising 

the airplane flight manual (AFM) to 

include in-flight procedures for pilots to 

follow in certain cold weather 

conditions and requires fuel circulation 

procedures on the ground when certain 

conditions exist. This new AD retains 

the fuel circulation procedures. This 

new AD also revises the AFM 

procedures required by the existing AD. 

This AD results from a report of a 

single-engine rollback as a result of ice 

blocking the fuel oil heat exchanger. We 

are issuing this AD to prevent ice from 

accumulating in the main tank fuel feed 

system, which, when released, could 

result in a restriction in the engine fuel 

system. Such a restriction could result 

in failure to achieve a commanded 

thrust, and consequent forced landing of 

the airplane. 

DATES: This AD becomes effective 

March 20, 2009. 

We must receive any comments on 

this AD by May 4, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; 

telephone 206–544–5000, extension 1, 

fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (telephone 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Margaret Langsted, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6500; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On September 5, 2008, we issued AD 

2008–19–04, amendment 39–15671 (73 

FR 52909, September 12, 2008). That 

AD applies to certain Boeing Model 

777–200 and –300 series airplanes. That 

AD requires revising the airplane flight 


dwashington3 on PROD1PC60 with RULES
9566 Federal Register / Vol. 74, No. 42 / Thursday, March 5, 2009 / Rules and Regulations 

manual (AFM) to include in-flight 

procedures for pilots to follow in certain 

cold weather conditions and requires 

fuel circulation procedures on the 

ground when certain conditions exist. 

That AD resulted from a report of 

uncommanded reduction in thrust on 

both engines because of reduced fuel 

flows. The actions specified in that AD 

are intended to prevent ice from 

accumulating in the main tank fuel feed 

system, which, when released, could 

result in a restriction in the engine fuel 

system. Such a restriction could result 

in failure to achieve a commanded 

thrust, and consequent forced landing of 

the airplane. 

Actions Since AD Was Issued 

Since we issued AD 2008–19–04, we 

received a report of a single-engine 

rollback as a result of ice blocking the 

fuel oil heat exchanger (FOHE) on a 

Model 777 airplane equipped with 

Rolls-Royce Model RB211–TRENT 800 

series engines. The data confirm that ice 

accumulates in the fuel feed system and 

releases after a high thrust command, 

creating blockage at the FOHE and 

resulting in the inability of the engine 

to achieve the commanded thrust. 

Examination of the data from the 

rollback shows that the second of two 

maximum thrust step climbs was 

performed approximately 40 minutes 

prior to the thrust rollback. Ice was 

released within the fuel system during 

the step climbs and formed a restriction 

at the FOHE of the affected engine, as 

evidenced by an increase in engine oil 

temperature. Further analysis of the data 

shows that ice accretes in the fuel 

system more rapidly and at warmer fuel 

temperatures than previously indicated, 

and ice may build up gradually on the 

FOHE before causing the engine to 

rollback. The data from this event, in 

combination with Boeing fuel lab 

testing, demonstrates that reducing the 

fuel flow to minimum idle levels will 

clear any ice accumulation at the FOHE 

within a few seconds. 

All of the testing and research has 

been conducted on Boeing Model 777– 

200 and –300 series airplanes, equipped 

with Rolls-Royce Model RB211–TRENT 

800 series engines. Initial review of 

other Model 777 airplane engine 

combinations has not revealed the same 

vulnerability to the identified unsafe 

condition. 

FAA’s Determination and Requirements 

of This AD 

The unsafe condition described 

previously is likely to exist or develop 

on other airplanes of the same type 

design. For this reason, we are issuing 

this AD to supersede AD 2008–19–04. 

This new AD retains the fuel circulation 

procedures. This new AD also requires 

revising the AFM procedures required 

by AD 2008–19–04. This AD revises the 

AFM in-flight procedures by reducing 

the step climb from 3 to 2 hours prior 

to descent, and by requiring flightcrews 

to retard the throttles to minimum idle 

for 30 seconds at the top of descent 

ensuring any ice accumulation on the 

face of the FOHE melts while the 

airplane is at higher altitudes. 

Performing all step climbs using vertical 

navigation (VNAV) or maximum climb 

thrust continues in this AD for all 

flights. 

Paragraph (g) of AD 2008–19–04 

requires that the fuel circulation 

procedures be accomplished by a 

certified mechanic. We are retaining this 

requirement because of the complexity 

of the procedure. We recognize that 

persons other than mechanics who are 

properly trained might also be capable 

of accomplishing this procedure. 

Therefore, we would be receptive to 

requests for approval of alternative 

methods of compliance in accordance 

with paragraph (k) of this AD to allow 

others to accomplish the procedure if 

the request includes training and 

oversight provisions to ensure that the 

procedure is accomplished properly. 

Interim Action 

We consider this AD interim action. 

The manufacturer is currently 

developing a modification that will 

address the unsafe condition identified 

in this AD. Once this modification is 

developed, approved, and available, we 

might consider additional rulemaking. 

FAA’s Justification and Determination 

of the Effective Date 

Hazardous amounts of ice might 

accumulate within the main tank fuel 

feed system under certain conditions, 

which, when released, could result in a 

restriction in the engine fuel system. 

Such a restriction could result in failure 

to achieve a commanded thrust, and 

consequent forced landing of the 

airplane. We have determined that the 

loss of engine thrust was likely due to 

ice accumulating in the main tank fuel 

feed system during exposure in cold 

fuel temperatures and low power fuel 

flows. Because of our requirement to 

promote safe flight of civil aircraft and 

thus, the critical need to assure the 

proper functioning of the main tank fuel 

feed system and the short compliance 

time involved with this action, this AD 

must be issued immediately. 

Because an unsafe condition exists 

that requires the immediate adoption of 

this AD, we find that notice and 

opportunity for prior public comment 

hereon are impracticable and that good 

cause exists for making this amendment 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments before it becomes effective. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2009– +++++; Directorate Identifier 

2009–NM–017–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this AD. We will consider all 

comments received by the closing date 

and may amend this AD because of 

those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that the regulation: 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 42 / Thursday, March 5, 2009 / Rules and Regulations 9567 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

See the ADDRESSES section for a location 

to examine the regulatory evaluation. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends part 39 of the Federal 

Aviation Regulations (14 CFR part 39) as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing amendment 39–15671 (73 FR 

52909, September 12, 2008) and adding 

the following new AD: 

2009–05–11 Boeing: Docket No. FAA–2009– 

0199; Directorate Identifier 2009–NM– 

017–AD; Amendment 39–15835. 

Effective Date 

(a) This AD becomes effective March 20, 

2009. 

Affected ADs 

(b) This AD supersedes AD 2008–19–04. 

Applicability 

(c) This AD applies to Boeing Model 777– 

200 and –300 series airplanes, certificated in 

any category; equipped with Rolls-Royce 

Model RB211–TRENT 800 series engines. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 73: Engine Fuel and Control. 

Unsafe Condition 

(e) This AD results from a report of a 

single-engine rollback as a result of ice 

blocking the fuel oil heat exchanger. The 

Federal Aviation Administration is issuing 

this AD to prevent ice from accumulating in 

the main tank fuel feed system, which, when 

released, could result in a restriction in the 

engine fuel system. Such a restriction could 

result in failure to achieve a commanded 

thrust, and consequent forced landing of the 

airplane. 

Restatement of Requirements of AD 2008– 

19–04 

Airplane Flight Manual (AFM) Revision 

(f) Within 10 days after September 29, 2008 

(the effective date of AD 2008–19–04), revise 

the Limitations section of the AFM to include 

the following statement. This may be done by 

inserting a copy of this AD in the AFM. 

Doing the revision specified in paragraph (j) 

of this AD terminates the requirements of this 

paragraph. 

‘‘On ground, after refueling, check fuel 

temperature if fuel temperature indication is 

operative. If fuel temperature is colder than 

0 degrees C or if fuel temperature indication 

is inoperative, verify that a record exists 

certifying that the approved fuel circulation 

procedure was performed.’’ 

‘‘Perform all step climbs using VNAV or 

maximum climb thrust.’’ 

‘‘In flight, within 3 hours of top of descent, 

but not less than 15 minutes before top of 

descent, check fuel temperature. If fuel 

temperature is colder than ¥10 degrees C, 

perform a step climb using maximum climb 

thrust. If a step climb using maximum climb 

thrust cannot be accomplished, verify cruise 

speed is set to 0.84 Mach or less, and 

manually advance thrust levers to maximum 

(autothrottles may be overridden). After 

reaching maximum climb thrust, hold for 10 

seconds or until reaching 0.86 Mach, 

whichever occurs first. Check engines to 

ensure they have achieved maximum climb 

thrust and operate normally.’’ 

Fuel Circulation Procedure 

(g) As of 10 days after September 29, 2008: 

If the fuel temperature has not exceeded 0 

degrees Celsius during the ground turn, 

before further flight, using the main tank fuel 

boost pumps, pump fuel through the fuel 

manifold using the high flow mode for a 

minimum of one minute. A certified 

mechanic must do the fuel circulation 

procedure required by this paragraph using a 

method approved by the Manager, Seattle 

Aircraft Certification Office (ACO), FAA. 

(h) Before further flight after accomplishing 

the action required by paragraph (g) of this 

AD, make a record in which the person 

accomplishing the procedure certifies that it 

was accomplished in accordance with the 

approved method, and provide the record to 

the flightcrew. Under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 3501 et 

seq. ), the Office of Management and Budget 

(OMB) has approved the information 

collection requirements contained in this AD 

and has assigned OMB Control Number 

2120–0056. 

Special Flight Permit 

(i) Special flight permits, as described in 

Section 21.197 and Section 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199), are not allowed. 

New Requirements of This AD 

AFM Revision 

(j) Within 10 days after the effective date 

of this AD, revise the Limitations section of 

the AFM to include the following statement. 

This may be done by inserting a copy of this 

AD in the AFM. Doing the revision specified 

in this paragraph terminates the requirements 

of paragraph (f) of this AD; after this revision 

has been done, the AFM limitation required 

by paragraph (f) of this AD must be removed 

from the AFM. 

‘‘STEP CLIMBS AND INITIAL DESCENT 

Perform all step climbs using VNAV or 

maximum climb thrust. During initial 

descent, maintain idle thrust for a minimum 

of 30 seconds. 

COLD FUEL OPERATIONS 

On ground, after refueling, check fuel 

temperature if fuel temperature indication is 

operative. If fuel temperature is 0 degrees C 

or colder or if fuel temperature indication is 

inoperative, verify that a record exists 

certifying that the approved fuel circulation 

procedure was performed. 

Do not do the following paragraph and 

balance the fuel at the same time. Balance the 

fuel before or after performing the following 

paragraph. 

In flight, within 2 hours of top of descent, 

but not less than 15 minutes before top of 

descent, check fuel temperature. If fuel 

temperature is colder than -10 degrees C, 

perform a step climb using maximum climb 

thrust. If a step climb using maximum climb 

thrust cannot be accomplished, select or 

verify CLB thrust on the thrust limit page and 

verify cruise speed is set to 0.84 Mach or less. 

Manually advance thrust levers to maximum 

(autothrottles may be overridden). After 

reaching maximum climb thrust, hold for 10 

seconds or until reaching 0.86 Mach, 

whichever occurs first. Check engines to 

ensure they have achieved maximum climb 

thrust and operate normally.’’ 

Note 1: When a statement identical to that 

in paragraph (j) of this AD has been included 

in the general revisions of the AFM, the 

general revisions may be inserted into the 

AFM, and the copy of this AD may be 

removed from the AFM. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, Seattle ACO, FAA, has 

the authority to approve AMOCs for this AD, 

if requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: 

Margaret Langsted, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

ACO, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

917–6500; fax (425) 917–6590. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(3) AMOCs approved previously in 

accordance with AD 2008–19–04, are 

approved as AMOCs for the corresponding 

provisions of paragraph (g) of this AD. 

(4) Methods of compliance (MOCs) 

approved previously in accordance with AD 

2008–19–04, are approved as MOCs for the 


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9568 Federal Register / Vol. 74, No. 42 / Thursday, March 5, 2009 / Rules and Regulations 

1 17 CFR Part 4 (2008). The Commission’s 

regulations can be accessed through the CFTC’s 

Web site, www.cftc.gov. 

2NFA is a registered futures association pursuant 

to Section 17 of the Commodity Exchange Act (Act), 

7 U.S.C. 21 (2000). The Act also may be accessed 

through the CFTC’s Web site. 

The Commission previously authorized NFA to 

conduct reviews of Disclosure Documents filed by 

CPOs and CTAs pursuant to Regulations 4.26(d) 

and 4.36(d). See 62 FR 52088 (Oct. 6, 1997). 

3 73 FR 71968. The Proposing Release may be 

accessed through the CFTC’s Web site, at http:// 

www.cftc.gov/stellent/groups/public/ 

@lrfederalregister/documents/file/e8-28177a.pdf. 

4NFA filed the Petition with the Commission on 

July 21, 2008. 

The Commission previously authorized NFA to 

accept notices of exemptions or exclusions claimed 

under Part 4 and required that these notices be filed 

electronically. See 62 FR 52088 and 72 FR 1658 

(Jan. 16, 2007), respectively. 

5 73 FR at 71968. 

6 Id. 

7The Commission noted that, among other things, 

this key information concerns identification of 

contact persons, relationships with futures 

commission merchants or introducing brokers, and 

the past performance history and related data for 

the offered pool or trading program. 73 FR at 71969 

n. 6. 

8 73 FR at 71969. See Regulations 4.21(b) for 

CPOs and 4.31(b) for CTAs. 

9 73 FR 71969. 

In anticipation of the Commission’s action today, 

on January 22, 2009, NFA presented a web seminar 

on the electronic Disclosure Document filing 

system—which seminar is now available for ‘‘on 

demand’’ viewing on NFA’s Web site, 

www.nfa.futures.org. Page 7 on the ‘‘on demand’’ 

document confirms the Commission’s previous 

statement with the text that: 

corresponding provisions of paragraph (g) of 

this AD. 

Material Incorporated by Reference 

(l) None. 

Issued in Renton, Washington, on February 

17, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–4650 Filed 3–4–09; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 4 

RIN 3038–AC 67 

Electronic Filing of Disclosure 

Documents 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commodity Futures 

Trading Commission (Commission or 

CFTC) is amending its regulations 

applicable to the filing of Disclosure 

Documents by commodity pool 

operators (CPOs) and commodity 

trading advisors (CTAs) with the 

National Futures Association (NFA). In 

response to a petition from NFA, the 

CFTC is requiring that CPOs and CTAs 

be required to file their Disclosure 

Documents electronically with NFA 

(Amendments). 

DATES: Effective Date: April 6, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Barbara S. Gold, Associate Director, 

Compliance and Registration Section, 

Division of Clearing and Intermediary 

Oversight, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581, telephone number: (202) 418– 

5450; facsimile number: (202) 418–5528; 

and electronic mail: bgold@cftc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. CPO and CTA Disclosure Documents 

Part 4 of the Commission’s 

regulations 1 governs the operations and 

activities of CPOs and CTAs. 

Regulations 4.21 and 4.31 respectively 

require each CPO and CTA registered or 

required to be registered with the 

Commission to deliver a Disclosure 

Document to prospective pool 

participants and clients. Regulations 

4.24 and 4.25 specify the informational 

content of the CPO Disclosure 

Document, and Regulations 4.34 and 

4.35 specify the informational content 

for the CTA Disclosure Document. 

Regulations 4.26 and 4.36 respectively 

pertain to the use, amendment and 

filing of CPO and CTA Disclosure 

Documents. Specifically, under 

Regulations 4.26(d) and 4.36(d), the 

CPO or CTA must file one copy of the 

Disclosure Document, and any 

supplements and amendments thereto, 

with NFA.2

B. The Proposing Release 

On November 26, 2008, the 

Commission proposed to amend 

Regulations 4.26 and 4.36 in order to 

require that CPOs and CTAs file 

Disclosure Documents electronically 

through NFA’s electronic Disclosure 

Document filing system (Proposing 

Release).3 This action was in response 

to a petition filed by NFA with the 

Commission (Petition).4

In the Petition, under ‘‘Supporting 

Arguments,’’ NFA explained that 

although it had developed a new 

Internet-based Disclosure Document 

electronic filing system ‘‘that will be 

significantly less resource intensive 

while also streamlining and enhancing 

the filing process for registrants,’’ 5

absent an electronic filing requirement 

these proposed benefits would not be 

realized. In the Proposing Release, the 

Commission noted also NFA’s 

representations that the system is 

designed to be easy and secure; it can 

be accessed through any public internet 

site; and CPOs and CTAs will access the 

system ‘‘using the same designated login 

and password that they currently use for 

NFA’s Online Registration System.’’ 6

The Commission further explained that: 

NFA’s process for the electronic filing of 

Disclosure Documents will have two 

components. One of those components will 

require CPOs and CTAs to electronically 

submit their Disclosure Documents, as well 

as any amendments and supplements thereto. 

The other of these components will require 

CPOs and CTAs to enter from their 

Disclosure Documents certain key 

information on their operations and activities 

into a standardized form accessed through 

NFA’s Web site.7

In light of the foregoing, the 

Commission proposed to amend 

Regulations 4.26(d) and 4.36(d) to 

require that any documents required to 

be filed thereunder be filed 

electronically with NFA, pursuant to 

NFA’s electronic filing procedures. The 

Commission emphasized, however, that 

the proposed amendments, if adopted, 

would not impact the delivery of 

Disclosure Documents to prospective 

pool participants and clients, which 

CPOs and CTAs could continue to 

provide through hardcopy distribution 

via postal mail or electronically if the 

intended recipient consented thereto.8

II. Final Action 

A. Responses to the Comments 

The Commission received one 

comment letter, from a committee of a 

bar association whose members consist 

of attorneys who represent CPOs and 

CTAs (Committee). The Committee 

expressed concern that neither the 

Proposing Release nor the Petition 

contained detail on the information that 

would be required to be filed concurrent 

with the filing of the Disclosure 

Document or the uses to which that 

information would be put. In response, 

the Commission notes that the Petition 

states ‘‘the filing process includes a 

series of questions that will assist in 

identifying the type of filing as well as 

provide important background 

information to assist NFA staff with the 

analysis of the document itself’’— 

which, the Commission believes, will be 

in furtherance of NFA’s compliance and 

enforcement programs. Moreover, as the 

Commission previously stated in the 

Proposing Release, CPOs and CTAs will 

be entering information directly from 

their Disclosure Documents.9 Further, 


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