Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Rules and Regulations 32327

25As part of its audit and compliance functions,

NFA conducts ‘‘front-office audits,’’ which address

sales practices, including telemarketing.

26NFA’s obligation to report on any such

telemarketing acts and practices is separate from,

and additional to, its existing reporting and

auditing obligations under the CEA and

Commission Regulations.

(c) Seller and telemarketer may,

by written agreement, allocate

recordkeeping obligations.

See Comparison for 310.5(a).

(d) Governs recordkeeping upon

dissolution or sale of business.

See Comparison for 310.5(a).

SECTION 310.7: ACTIONS BY STATES AND PRIVATE PERSONS

(a): Requires Attorney General,

other State officers authorized

to bring suit, and any private

person who brings an action

under Telemarketing Act to

serve written notice of action on

FTC.

CEA, 6d, 7 U.S.C. 13a–2, authorizes states to prosecute violations of CEA in federal court; notice of filing and copy of pleading must be given to the CFTC.

CEA, 14, 7 U.S.C. 18 (Reparations Procedure) authorizes reparations actions by any person complaining of violation of CEA, Commission Regulations, or Commission order by a registrant. See also Part

12 of Regs. (Rules Relating to Reparations Proceedings).

CEA, 17(b)(10), 7 U.S.C. 21(b)(10), requires NFA to provide procedure through arbitration or otherwise

to settle customer claims and grievances against its members. NFA Code of Arbitration, Section 2

provides generally that members must submit to arbitration for any dispute filed with NFA by a customer. See also Reg. 170.8 (Settlement of Customer Disputes).

(b): Nothing in this section prohibits Attorney General or other

authorized State officials from

proceeding in State court for

violations of any civil or criminal state statute.

CEA, 6d(8), 7 U.S.C. 13a–2(8), allows states to proceed in state court against certain registrants for violations of antifraud provisions. CEA, 12(e), 7 U.S.C. 16(e), authorizes states to proceed in state court

for illegal ‘‘off-exchange’’ transactions.

19See NFA Notice to Members (June 19, 1996). 20Of the thirty-eight complaints that NFA has issued alleging a violation of NFA Compliance Rule 2–29(a)(2), NFA considered a pattern

of inappropriate calling (i.e., calling at irregular hours or making excessive calls) as a factor in initiating eighteen cases and the use of profane language as a factor in three cases. 21As confirmed by NFA’s recent Notice to Members, repeated or continuous calls made with an intent to annoy, abuse, or harass are specifically prohibited by Rule 2–29(a)(2). 22NFA considers the time when calls were placed when issuing complaints under NFA Compliance Rule 2–29(a)(2). See supra n. 20. 23Neither Reg. 1.55 nor Reg. 33.7 relieves FCMs and IBs from otherwise applicable disclosure and other requirements. See Reg. 1.55(f)

(FCMs and IBs not relieved from any other disclosure obligation under applicable law); Reg. 33.7(f) (FCMs and IBs not relieved from any

other obligation under CEA or CFTC regulations, including obligation to disclose all material information). 24Regs. 1.10, 1.12, 1.18, 1.31, 1.32, 1.35 govern recordkeeping and reporting obligations for FCMs and IBs. Reg. 1.33 requires FCMs to furnish monthly and confirmation statements. Reg. 1.34 requires FCMs to keep ‘‘point balance’’ and monthly listings of open option positions

carried for option customers marked to market. CEA, 4n, 7 U.S.C. 6n, requires CPOs and CTAs to keep books and records for at least 3

years, but is superseded by the general five-year requirement of Reg. 1.31. Regs. 4.23 and 4.33 also govern recordkeeping by CPOs and

CTAs.

D. Conclusion

As the chart and discussion above

reflect, existing provisions of the CEA,

Commission Regulations, and NFA rules

address and prohibit many of the same

categories of telemarketing abuse

targeted by the FTC’s recently

promulgated Telemarketing Sales Rule.

Accordingly, the CFTC has determined

that existing rules provide protection

from deceptive and abusive

telemarketing acts and practices that is

‘‘substantially similar’’ to the protection

provided by the FTC’s rule. Given its

determination, the CFTC has also

determined that it is unnecessary for it

to promulgate additional telemarketing

rules under the Telemarketing Act at

this time.

To ensure that it remains apprised of

developments in the area of

telemarketing, however, the CFTC has

asked NFA to continue to focus, in the

course of performing member audits,25

on telemarketing acts and practices that

it believes may fall outside the scope of

existing rules and to inform the

Commission of the results of those

audits.26 Should the information

provided by NFA indicate a need for

additional telemarketing rules,

advisories, or other guidance, the

Commission will work with NFA to

undertake rulemaking or other activities

necessary to provide appropriate

protection. Through such ongoing

monitoring and evaluation of

telemarketing acts and practices, the

CFTC will ensure that its rules continue

to provide protection from deceptive

and abusive telemarketing acts and

practices as those practices may arise in

the future.

Issued in Washington, DC, on June 18,

1996.

Jean A. Webb,

Secretary to the Commission.

[FR Doc. 96–15995 Filed 6–21–96; 8:45 am]

BILLING CODE 6351–01–P

DEPARTMENT OF STATE

Office of Protocol

22 CFR Part 4

[Public Notice 2402]

Notification of Foreign Official Status;

Elimination and Reinvention of

Regulations

AGENCY: Office of Protocol, State.

ACTION: Final rule.

SUMMARY: The Department of State is

eliminating and reinventing its

regulations as part of the President’s

Regulatory Reinvention Initiative. In

furtherance of this project, the Office of

Protocol has determined that 22 CFR

Part 4 should be updated and clarified

to reflect changes which have occurred

since that part originally was published.

EFFECTIVE DATE: June 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Lawrence Dunham, Assistant Chief of

Protocol (202) 647–1985.

SUPPLEMENTARY INFORMATION: 22 CFR,

Part 4 is that portion of the

Department’s regulations setting forth
32328 Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Rules and Regulations

the rules which foreign embassies must

follow to notify the Office of Protocol of

the arrival or employment, in the United

States, of the foreign government

officers or employees (including

domestics and family members)

described below. Since it originally was

promulgated, changes in the notification

procedure, as well as in the documents

required, have taken place, and the

Department has determined that it is

desirable to update and simplify the

regulations. This involves a foreign

affairs function of the United States and

thus is excluded from 5 U.S.C. 553 and

from analyses under the Regulatory

Flexibility Act of 1980. In addition the

modifications set forth do not change

the existing procedure fundamentally

and merely reflect changes (such as new

form numbers) which already have gone

into effect.

While this rule is legally exempt from

review under Executive Order 12866, it

has been reviewed to ensure consistency

with its overall policies and objectives.

This final rule does not contain a new

or amended information requirement

subject to the Paperwork Reduction Act

(44 U.S.C. 3501 et seq.). The forms

referenced in the regulation have been

notified in the Federal Register and

approved by OMB as required by that

act.

List of Subjects in 22 CFR Part 4

Aliens, Foreign officials.

Accordingly, 22 CFR, Part 4 is revised

to read as follows:

PART 4—NOTIFICATION OF FOREIGN

OFFICIAL STATUS

Authority: 22 U.S.C. 2651a(a)(4).

§ 4.1 General.

In accordance with Article 10 of the

Vienna Convention on Diplomatic

Relations and Article 24 of the Vienna

Convention on Consular Relations,

diplomatic missions must notify the

Office of Protocol immediately upon the

arrival, in the United States, of any

foreign government officer or employee

(including domestics and family

members), who are serving at

diplomatic missions, consular posts, or

miscellaneous foreign government

offices. If the employee is already in the

United States in some other capacity,

the notification should be made upon

assumption of duties. This initial

notification requirement also includes

all U.S. citizens and permanent resident

aliens who are employed by foreign

missions.

§ 4.2 Procedure.

Notification and subsequent changes

are made as follows:

(a) Diplomatic and career consular

officers and their dependents: Form

DSP–110, Notification of Appointment

of Foreign Diplomatic Officer and

Career Consular Officer;

(b) All other foreign government

employees who are serving at

diplomatic missions, consular posts, or

miscellaneous foreign government

offices and their dependents: Form

DSP–111, Notification of Appointment

of Foreign Government Employee.

(c) Honorary consular officers: Form

DSP–112, Notification of Appointment

of Honorary Consular Officer.

(d) Missions should use Form DSP–

113, Notification of Change—

Identification Card Request, to promptly

inform the Department of State of any

change in the status of officers or

employees of the missions and their

family members originally reported to

Protocol, or to apply for an

identification card.

(e) Upon termination of employment

of any diplomatic or consular officer,

honorary consular officer, embassy or

consular employee, or miscellaneous

foreign government staff member, a

Form DSP–115, Notice of Termination

of Diplomatic, Consular, or Foreign

Government Employment, must be

submitted to the Office of Protocol.

Dated: May 29, 1996.

Molly Raiser,

Chief of Protocol.

[FR Doc. 96–14824 Filed 6–21–96; 8:45 am]

BILLING CODE 4710–20–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 906

[SPATS No. CO–029–FOR]

Colorado Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Final rule; correction.

SUMMARY: In this document, the office of

Surface Mining Reclamation and

Enforcement (OSM) is correcting its

discussion and approval of a proposed

amendment to the Colorado regulatory

program under the Surface Mining

Control and Reclamation Act of 1977

(SMCRA). OSM’s correction pertains to

Colorado’s intent to withdraw from a

proposed amendment consideration of

proposed rules pertaining to Colorado’s

show cause orders and patterns of

violations involving violations of water

quality effluent standards.

EFFECTIVE DATE: June 24, 1996.

FOR FURTHER INFORMATION CONTACT:

James F. Fulton, Telephone: (303) 672–

5524.

SUPPLEMENTARY INFORMATION: On

February 19, 1996 (administrative

record No. CO–675–9), Colorado

submitted revisions to a November 20,

1995, formally-proposed amendment to

its approved program (administrative

record No. CO–675). In the February 19,

1996, submittal, Colorado indicated that

the State-initiated proposed revisions to

Rules 5.03.3(1) and (2), pertaining to

show cause orders and patterns of

violations involving violations of water

quality effluent standards, had been

deleted from the proposed amendment

and intended that OSM withdraw the

revisions proposed at Rules 5.03.3(1)

and (2) from consideration during its

review of the amendment package. In

the preamble of the May 29, 1996,

Federal Register notice (61 FR 26792,

administrative record No. CO–675–16)

approving Colorado’s proposed

amendment, OSM inadvertently

discussed and approved Rules 5.03.3(1)

and (2) as they had been proposed in the

original November 20, 1995, submittal.

The purpose of this document is to

notify the public that Colorado’s

November 20, 1995, proposed revisions

to Rules 5.03.3(1) and (2), had been

withdrawn by Colorado on February 19,

1996. Accordingly, OSM’s May 29,

1996, Federal Register (Vol. 61, No. 104,

pages 26792 through 26801) preamble

discussion (finding No. 16.b, page

26798, third column, last paragraph)

and approval (Director’s decision, page

26801, first column, eleventh paragraph)

of revisions to proposed Rules 5.03.3(1)

and (2) should be disregarded.

Dated: June 13, 1996.

Richard J. Seibel,

(Regional Director) Western Regional

Coordinating Center.

[FR Doc. 96–16007 Filed 6–21–96; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01–96–011]

RIN 2115–AE46

Special Local Regulation: Fireworks

Displays Within the First Coast Guard

District

AGENCY: Coast Guard, DOT.

ACTION: Final rule.