Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 45433 

preferable. The ROD shall discuss 

preferences among alternatives based on 

relevant factors including economic and 

technical planning considerations and 

the Commission’s statutory mission. 

The ROD shall identify those factors 

balanced to reach a decision and the 

influence of various factors on the 

decision. 

(iii) A statement as to whether all 

practicable means to avoid or minimize 

environmental harm from the 

alternative selected has been adopted, 

and if not, why they are not. 

(iv) A monitoring and enforcement 

program that summarizes Mitigation 

measures. 

(v) Date of issuance. 

(vi) Signature of the Chairman. 

(2) The contents of the draft ROD 

proposed for Commission adoption 

shall be summarized in the EDR and a 

full version of the draft document shall 

be included as an Appendix to the EDR. 

The Draft ROD, independently of the 

EDR, shall be made available to the 

public for review fourteen (14) calendar 

days prior to the Commission’s 

consideration of the proposed action for 

which the EIS was prepared. 

(3) The Commission shall arrive at its 

decision about the proposed action for 

which NCPC serves as the Lead Agency 

and its environmental effects in a public 

meeting of record as identified by the 

Commission’s monthly agenda. 

(b) If NCPC is not the Lead Agency, 

following the Commission final 

approval of a project to which a ROD 

pertains, and consistent with the 

Federal Agency’s NEPA regulations, 

NCPC may take one of the following 

actions. It may either co-sign the Lead 

Agency’s ROD following Commission 

approval of the project if NCPC agrees 

with its contents and conclusions or it 

shall prepare, sign, and sign and adopt 

its own ROD in accordance with the 

requirements of paragraphs (a)(1) 

through (3) of this section. 

(c) If the Commission determines a 

Lead Agency’s EIS fails to support a 

ROD, the Lead Agency shall revise its 

EIS, or, alternatively, the Commission 

shall not approve or give any further 

consideration to underlying application. 

§ 601.26 Supplemental Environmental 

Impact Statement. 

(a) The NCPC shall prepare a 

supplemental EIS if five or more years 

has elapsed since adoption of the EIS 

and: 

(1) There are substantial changes to 

the proposed action that are relevant to 

environmental concerns; or 

(2) There are significant new 

circumstances or information that are 

relevant to environmental concerns and 

have a bearing on the proposed action 

or its impacts. 

(b) The NCPC may supplement a Draft 

or Final EIS at any time, to further the 

purposes of NEPA. 

(c) The NCPC shall prepare, circulate, 

and file a supplement to a Draft or Final 

EIS in in accordance with the 

requirements of §§ 601.22 through 

601.24 except that Public Scoping is 

optional for a supplemental EIS. 

(d) The NCPC shall prepare a ROD for 

a Supplemental EIS. The ROD’s 

contents, the procedure for public 

review, and the manner in which it 

shall be adopted shall be as set forth in 

§ 601.25. 

§ 601.27 Legislative Environmental Impact 

Statement. 

(a) Consistent with 40 CFR1506.8, the 

Executive Director shall prepare an EIS 

for draft legislation initiated by NCPC 

for submission to Congress. The EIS for 

the proposed legislation shall be 

included as part of the formal 

transmittal of NCPC’s legislative 

proposal to Congress. 

(b) The requirements of this section 

shall not apply to legislation Congress 

directs NCPC to prepare. 

Subpart G—Dispute Resolution 

§ 601.28 Dispute resolution. 

Any disputes arising under this part, 

shall be resolved, unless otherwise 

otherwise provided by law or regulation 

by the parties through interagency, good 

faith negotiations starting at the working 

levels of each agency, and if necessary, 

by elevating such disputes within the 

respective Agencies. If resolution at 

higher levels is unsuccessful, the parties 

may participate in mediation. 

§ 601.29 [Reserved] 

Dated: September 21, 2017. 

Anne R. Schuyler, 

General Counsel. 

[FR Doc. 2017–20614 Filed 9–28–17; 8:45 am] 

BILLING CODE P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 38 

RIN 3038–AE64 

Commission Delegated Authority 

Provisions for Designated Contract 

Markets’ System Safeguards 

Requirements 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘CFTC’’ or 

‘‘Commission’’) is adopting final rules to 

establish a new delegation of authority 

to Commission staff under the 

Commission’s system safeguards rules 

to notify each designated contract 

market (‘‘DCM’’) of its percentage of the 

total annual trading volume among all 

DCMs regulated by the Commission for 

purposes of whether it is a covered DCM 

under the system safeguards rules. 

DATES: This rule is effective September 

29, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Berdansky, Deputy Director, 

202–418–5429 or rberdansky@cftc.gov; 

David Steinberg, Associate Director, 

202–418–5102 or dsteinberg@cftc.gov; 

David Taylor, Associate Director, 202– 

418–5488 or dtaylor@cftc.gov, Division 

of Market Oversight, Commodity 

Futures Trading Commission, Three 

Lafayette Centre, 1151 21st Street NW., 

Washington, DC 20581. 

SUPPLEMENTARY INFORMATION: 

I. Delegation of Authority—Commission 

Regulation § 38.1051 

Section 38.1051 of the Commission’s 

regulations, 17 CFR 38.1051, governs 

the system safeguards requirements for 

DCMs. Pursuant to § 38.1051(n), DCMs 

are required to provide the Commission 

with their annual total trading volume 

by January 31 each calendar year. 

Section 38.1051(n)(2) also requires the 

Commission to provide each DCM with 

their percentage of the combined annual 

total trading volume among all DCMs 

regulated by the Commission by 

February 28 each calendar year. This 

annual Commission notification informs 

each DCM whether it is a ‘‘covered 

DCM’’ as that term is defined in 

§ 38.1051(h)(1). A covered DCM is a 

DCM whose annual trading volume in a 

given year is five percent or more of the 

combined annual trading volume of all 

DCMs regulated by the Commission. 

Covered DCMs are required to comply 

with enhanced requirements with 

respect to the frequency of cybersecurity 

testing and the use of independent 

contractors. The Commission is 

amending § 38.1051 by adding 

paragraph (n)(3) to delegate authority to 

the Director of the Division of Market 

Oversight and designated staff to notify 

DCMs of their annual trading volume 

percentage. 

II. Effective Date 

As the revisions to the Commission’s 

regulations in this rulemaking will not 

cause any party to undertake efforts to 

comply with the regulations as revised, 

the Commission has determined to 


asabaliauskas on DSKBBXCHB2PROD with RULES
45434 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 

1 5 U.S.C. 553(d). 

2 44 U.S.C. 3501 et seq. 

1We originally adopted the Filer Manual on April 

1, 1993, with an effective date of April 26, 1993. 

Release No. 33–6986 (April 1, 1993) [58 FR 18638]. 

We implemented the most recent update to the Filer 

Manual on July 17, 2017. See Release No. 33–10385 

(July 6, 2017) [82 FR 35062]. 

2See Rule 301 of Regulation S–T (17 CFR 

232.301). 

3See Release No. 33–10385 in which we 

implemented revisions to reflect EDGAR Release 

17.2. For additional history of EDGAR Filer Manual 

revisions, please see the citations therein. 

make this rulemaking effective upon 

publication in the Federal Register.1

III. Paperwork Reduction Act 

The Commission may not conduct or 

sponsor, and a respondent is not 

required to respond to, a collection of 

information contained in a rulemaking 

unless the information collection 

displays a currently valid control 

number issued by the Office of 

Management and Budget (‘‘OMB’’) 

pursuant to the Paperwork Reduction 

Act.2 This rulemaking contains no 

collection of information for which the 

Commission is obligated to obtain a 

control number from OMB. 

List of Subjects in 17 CFR Part 38 

Commodity futures, Reporting and 

recordkeeping requirements. 

For the reasons stated in the 

preamble, the Commodity Futures 

Trading Commission amends 17 CFR 

part 38 as follows: 

PART 38—DESIGNATED CONTRACT 

MARKETS 

■ 1. The authority citation for part 38 

continues to read as follows: 

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

6f, 6g, 6i, 6j, 6k, 6l, 6m, 6n, 7, 7a–2, 7b, 

7b–1, 7b–3, 8, 9, 15, and 21, as amended by 

the Dodd-Frank Wall Street Reform and 

Consumer Protection Act, Pub. L. 111–203, 

124 Stat. 1376. 

■ 2. In § 38.1051, add paragraph (n)(3) 

to read as follows: 

§ 38.1051 General requirements. 

* * * * * 

(n) * * * 

(3) Delegation of authority. The 

Commission hereby delegates, until it 

orders otherwise, to the Director of the 

Division of Market Oversight or such 

other employee or employees as the 

Director may designate from time to 

time, the authority to provide each 

designated contract market with its 

percentage of the total annual trading 

volume of all designated contract 

markets regulated by the Commission, 

as set forth in paragraph (n)(2) of this 

section. The Director of the Division of 

Market Oversight may submit to the 

Commission for its consideration any 

matter that has been delegated pursuant 

to this section. Nothing in this section 

prohibits the Commission, at its 

election, from exercising the authority 

delegated in this section. 

Issued in Washington, DC, on September 

26, 2017, by the Commission. 

Christopher J. Kirkpatrick, 

Secretary of the Commission. 

Note: The following appendix will not 

appear in the Code of Federal Regulations. 

Appendix to Commission Delegated 

Authority Provisions for Designated 

Contract Markets’ System Safeguards 

Requirements—Commission Voting 

Summary 

On this matter, Chairman Giancarlo and 

Commissioners Bowen, Quintenz, and 

Behnam voted in the affirmative. No 

Commissioner voted in the negative. 

[FR Doc. 2017–20924 Filed 9–28–17; 8:45 am] 

BILLING CODE 6351–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 232 

[Release Nos. 33–10413; 34–81592; 39– 

2518; IC–32818] 

Adoption of Updated EDGAR Filer 

Manual 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission (the ‘‘Commission’’) is 

adopting revisions to the Electronic Data 

Gathering, Analysis, and Retrieval 

System (‘‘EDGAR’’) Filer Manual and 

related rules to reflect updates to the 

EDGAR system. The EDGAR system is 

scheduled to be upgraded on September 

11, 2017. 

DATES: Effective September 29, 2017, 

except that amendatory instruction 4 to 

§ 232.301 is effective June 1, 2018. The 

incorporation by reference of the 

EDGAR Filer Manual is approved by the 

Director of the Federal Register as of 

September 29, 2017. 

FOR FURTHER INFORMATION CONTACT: In 

the Division of Investment Management, 

for questions concerning Forms N– 

PORT and N–CEN, contact Heather 

Fernandez at (202) 551–6708; in the 

Division of Corporation Finance, for 

questions concerning Forms S–1, S–3, 

S–4, S–8, S–11, F–1, F–3, F–4, 8–K, 10, 

10–K, 10–Q, 20–F, and 40–F, contact 

Heather Mackintosh at (202) 551–8111; 

in the Office of Financial Management, 

for questions about negative account 

balances, contact Andrew Grimaldi at 

(202) 551–7304. 

SUPPLEMENTARY INFORMATION: We are 

adopting an updated EDGAR Filer 

Manual, Volume I and Volume II. The 

Filer Manual describes the technical 

formatting requirements for the 

preparation and submission of 

electronic filings through the EDGAR 

system.1 It also describes the 

requirements for filing using 

EDGARLink Online and the Online 

Forms/XML Web site. 

The revisions to the Filer Manual 

reflect changes within Volume I, 

entitled EDGAR Filer Manual, Volume I: 

‘‘General Information,’’ Version 29 

(September 2017), and Volume II, 

entitled EDGAR Filer Manual, Volume 

II: ‘‘EDGAR Filing,’’ Version 43 

(September 2017). The updated manual 

will be incorporated by reference into 

the Code of Federal Regulations. 

The Filer Manual contains all the 

technical specifications for filers to 

submit filings using the EDGAR system. 

Filers must comply with the applicable 

provisions of the Filer Manual in order 

to assure the timely acceptance and 

processing of filings made in electronic 

format.2 Filers may consult the Filer 

Manual in conjunction with our rules 

governing mandated electronic filing 

when preparing documents for 

electronic submission.3

The EDGAR system will be upgraded 

to Release 17.3 on September 11, 2017, 

and will introduce the following 

changes: 

In Release No. 33–10231 (October 13, 

2016) [81 FR 81870], the Commission 

adopted changes to the reporting 

requirements for investment companies. 

Among the changes was the adoption of 

Form N–PORT, which requires 

investment companies to report 

information about portfolio holdings 

monthly in a structured format. EDGAR 

Release 17.3 will provide a pilot 

program whereby filers may submit 

TEST versions of the following form 

types: 

• Public Monthly Portfolio 

Investments Report on Form N–PORT 

(NPORT–P). 

• Amended Public Monthly Portfolio 

Investments Report on Form N–PORT 

(NPORT–P/A). 

• Non-Public Monthly Portfolio 

Investments Report on Form N–PORT 

(NPORT–NP). 

• Amended Non-Public Monthly 

Portfolio Investments Report on Form 

N–PORT (NPORT–NP/A). 


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