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the week or other period covered by the report, as follows:
(a) Reports with respect to transactions in wheat, corn, oats, rye, barley, flaxseed, soybeans, grain sorghums, and eggs—to the Commodity Exchange Authority office in Chicago, Illinois, unless otherwise specifically authorized by the Commodity Exchange Authority.
(b) Reports with respect to transactions in cotton and potatoes to the Commodity Exchange Authority office in New York, N.Y. (Sec. 41, 49 Stat. 1496, as amended; 7 U.S.C. 61) (26 F.R. 2971, Apr. 7, 1961, as amended at 30 F.R. 1192, Feb. 4, 1965]
NOTE: The reporting requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.
tailed information concerning the eggs or egg products so excluded. (Sec. 41, 49 Stat. 1496, as amended; 7 U.S.C. 61) $ 19.04 Merchants, processors, and deal.
ers in potatoes and potato products. (a) Details of cash (spot) potato position. Merchants, processors, and dealers in potatoes and potato products shall show in each report the amount of:
(1) Potatoes being raised or expected to be raised by such persons in the ensuing 12 months, including the potato acreage in each State;
(2) Stocks of potatoes owned;
(3) Unfilled fixed-price purchase commitments of potatoes;
(4) Unfilled fixed-price sales commitments of potatoes; and
(5) Stocks of potato products owned or potatoes in process of manufacture, unfilled fixed-price purchase commitments, and unfilled fixed-price sales commitments of potato products, identified as to kind of product.
(b) Standards and conversion factors. Every such merchant, processor, or dealer shall, in computing his cash (spot) position, use such standards and conversion factors with respect to potato products as are usual in the potato trade. If it is the regular business practice of such merchant, processor, or dealer to exclude certain potato products in determining his cash (spot) position for hedging (as defined in section 4a of the act), the same shall be excluded in the report. Such merchant, processor, or dealer shall furnish to the Commodity Exchange Authority upon request detailed information concerning the potato products so excluded. (30 F.R. 1191, Feb. 4, 1965) $8 19.05-19.09 [Reserved] § 19.10 Time and place of filing re
ports. If the reporting merchant, processor. or dealer is located in a city in which the Commodity Exchange Authority has an office, reports shall be filed with such office not later than the first business day following the week or other period covered by the report. If the reporting merchant, processor, or dealer is located elsewhere, reports shall be transmitted by mail, postmarked not later than midnight of the first business day following
PART 20_REPORTS BY MEMBERS OF
CONTRACT MARKETS $ 20.00 Uncleared transactions.
(a) Each member of a contract market who executes uncleared transactions in any commodity future on any contract market, commonly called "pass-outs”, shall report such transactions to the Commodity Exchange Authority in accordance with its instructions, showing whether the transaction is a purchase or sale; the date, market, commodity, future, quantity, and price; the name of the opposite party to the transaction; and such other information as may be required.
(b) The requirements of this section shall not apply to any member of a contract market whose uncleared transactions are recorded on the books of a clearing member or members of such contract market and are included in the reports furnished to the Commodity Exchange Authority by such clearing member or members. (Secs. 5, 8a, 42 Stat. 1000, 1500, as amended; 7 U.S.C. 7, 12a) [26 F.R. 2972, Apr. 7, 1961)
PART 21-SPECIAL CALLS FOR IN
FORMATION FROM FUTURES COM-
TRACT MARKETS Sec. 21.00 Preparation and transmission of in.
formation upon special call.
(c) The classification of such traders' open contracts as speculative, spreading straddling), or hedging, or as "futures commission merchant" or “foreign broker”, if such trader is another futures commission merchant or foreign broker. 126 F.R. 4887, June 2, 1961)
PART 50—INTERPRETATIONS AND
STATEMENTS OF GENERAL POLICY
CHANGE ACT $ 50.1 Interpretation of "Eggs” as used
in section 2(a) of the Commodity Exchange Act (7 U.S.C. 1958 ed.,
$ 2). It is the view of the Department of Agriculture that the term "eggs," as used in the Commodity Exchange Act (7 U.S.C. 1958 ed., section 2) should be construed to include shell eggs, frozen whole eggs, frozen plain egg whites, and frozen plain egg yolks. (49 Stat. 1491, 1500; 7 U.S.C. 2, 12a) [26 F.R. 126, Jan. 7, 1961]
Sec. 21.01 Special calls for information on con
trolled accounts from futures com
mission merchants. 21.02 Special calls for information on open
contracts in accounts carried by futures commission merchants, members of contract markets, and for
eign brokers. AUTHORITY: The provisions of this Part 21 issued under sec. 8a, 49 Stat. 1500, as amended; 17 U.S.C. 12a, unless otherwise noted. § 21.00 Preparation and transmission of
information upon special call. All information required upon special call shall be prepared in such form and manner and in accordance with such instructions, and shall be transmitted at such time and to such office of the Commodity Exchange Authority, as may be specified in the call . (Sec. 5, 42 Stat. 1000; 7 U.S.C. 7) [26 F.R. 2972, Apr. 7, 1961) 8 21.01 Special calls for information on
controlled accounts from futures
commission merchants. Upon call by the Act Administrator, each futures commission merchant shall file with the Commodity Exchange Authority the names and addresses of all persons who, by power of attorney or otherwise, exercise trading control over any customer's account or accounts in commodity futures on contract markets. (Sec. 48, 49 Stat. 1495, as amended; 7 U.S.C. 68) [26 F.R. 2972, Apr. 7, 1961, as amended at 26 F.R. 4887, June 2, 1961] § 21.02 Special calls for information on
open contracts in accounts carried by futures commission merchants, members of contract markets, and foreign
brokers. Upon special call by the Act Administrator, each futures commission merchant, member of a contract market, or foreign broker, shall furnish to the Commodity Exchange Authority the following information for the commodity, contract market, and date specified in such call:
(a) The name, address, and principal occupation of all traders, including house accounts, holding open contracts on the records of such futures commission merchant, member of a contract market, or foreign broker;
(b) The open contracts held or controlled by such traders in each future; and
PART 100_ORDERS OF THE SECRE
TARY OF AGRICULTURE $ 100.1 Delivery period required with
respect to certain grains. A period of 7 business days is ordered and required during which contracts for future delivery in the current delivery month of wheat, corn, oats, barley, rye, or flaxseed may be settled by delivery of the actual cash commodity after trading in such contracts has ceased, for each delivery month after May 1938, on all contract markets on which there is trading in futures in any of such commodities, and such contract markets, and each of them, are directed to provide therefor. (Secs. 5a(4), 8a, 49 Stat. 1497, 1500; U.S.C. 7a(4), 12a) (13 F.R. 7860, Dec. 18, 1948]
PART 140—ORGANIZATION, FUNC
TIONS, AND PROCEDURES OF THE
Subpart A-Organizations Sec. 140.1 Central ofice. 140.2 Regional offices. 140.3 Request for information and records,
inspection, copying, and copy fees. 140.4 Records available to the public.
Subpart B Functions and Procedures 140.10 Commodity Exchange Act.
AUTHORITY: The provisions of this part 140 issued under 5 U.S.C. 552, 559.
SOURCE: The provisions of this Part 140 appear at 32 F.R. 9648, July 4, 1967, unless otherwise noted.
Subpart A-Organization § 140.1 Central office.
(a) General. The principal office of the Commodity Exchange Authority is located at Washington, D.C., in the Administration Building, U.S. Department of Agriculture, and consists of the Office of the Administrator, Registration and Audit Division, Compliance Division, and Trading Division.
(b) The Administrator. Under the supervision of the Secretary of Agriculture and the general direction of the Assistant Secretary of Agriculture for Marketing and Consumer Services, the Administrator formulates, directs, and supervises the execution of the policies governing the activities of the Commodity Exchange authority; administers and is responsible for the enforcement of the Commodity Exchange Act, the orders of the Commodity Exchange Commission, and the orders and regulations of the Secretary of Agriculture promulgated under the Commodity Exchange Act. The administrator has final authority to issue calls and requests for information in connection with the administration of the Commodity Exchange Act, as provided in regulations promulgated thereunder (Parts 1-21 of this chapter).
(c) Divisions. The divisions are as follows:
(1) Registration and Audit Division. Analyzes applications of commodity exchanges for designation as contract markets to determine whether such applicants meet statutory requirements for such designation, and recommends approval or disapproval; develops and administers a program for registration of floor brokers to determine whether applicants meet statutory requirements, including fitness; develops and administers a program for determining whether applicants for registration as futures commission merchants meet statutory requirements for such registration, including financial and fitness requirements; and conducts audits of futures
commission merchants to assure proper segregation of customers' margins and accruing equities, including property deposited to secure customers' contracts and trades, and to determine compliance with the other recordkeeping requirements of the Commodity Exchange Act and regulations.
(2) Compliance Division. Investigates complaints and apparent violations of the Commodity Exchange Act; examines trade practices; recommends formal proceedings against violators; presents results of investigations to, and cooperates with, General Counsel's Office and the Department of Justice in the preparation of administrative and criminal cases; presents evidence and testimony in administrative and court proceedings; and reviews rules of contract markets and contract market enforcement of rules relating to contract terms and other trading requirements.
(3) Trading Division. Provides continuous surveillance of futures trading and price movements to appraise market developments; assembles and analyzes futures trading statistics for market supervision from reports of clearing members of exchanges, futures commission merchants and large traders; reviews, and enforces speculative limits on daily trading and positions of large traders; evaluates and analyzes current market information and cash commodity and futures price trends and relationships; conducts marketwide surveys of all traders' holdings in futures; and prepares economic and statistical reports on futures, trading for administrative use and for publication. [32 F.R. 9648, July 4, 1967, as amended at 34 F.R. 321, Jan. 9, 1969; 34 F.R. 8107, May 23, 1969) $ 140.2 Regional offices.
Offices are located at Room 1200, Board of Trade Building, 141 West Jackson Boulevard, Chicago, Ill. 60604; Room 356, Board of Trade Building, 4800 Main Street, Kansas City, Mo. 64112; Room 510, Grain Exchange Building, 4th Street and 4th Avenue South, Minneapolis, Minn. 55415; Room 508, Cotton Exchange Building, 231 Carondelet Street, New Orleans, La. 70130; and Room 2101, 61 Broadway, New York, N.Y. 10006. Under the general supervision of the appropriate regional director, these regional offices direct, coordinate, and conduct all activities of the Commodity Exchange Authority incident to
the administration of the Commodity Exchange Act within respective regional office areas, [32 F.R. 9648, July 4, 1967, as amended at 34 F.R. 321, Jan. 9, 1969) § 140.3 Request for information and
records, inspection, copying and copy
fees. (a) Any person wishing information or wishing to inspect, copy or obtain copies of records of the Commodity Exchange Authority may make his request in person or in writing to the Assistant Administrator, Commodity Exchange Authority, U.S. Department of Agriculture, Washington, D.C. 20250, or the appropriate Regional Director of the regional office listed in § 140.2. Public inspection and copying of materials will be permitted during official hours of business at the offices identified in $$ 140.1 and 140.2. Reasonable facilities for inspection, copying and for producing copies are provided at each of the offices of the Authority at scheduled costs. All requests for copies of identifiable records should specify as clearly and accurately
reasonably possible the records desired.
(b) Except to the extent that copies are provided by the Authority without charge, copies of its records will be provided by the Authority, in accordance with the provisions of this part, to any person upon request and payment of the prescribed fees for copying and searching established by the Director, Office of Plant and Operations of the Department of Agriculture. (32 F.R. 9648, July 4, 1967, as amended at 34 F.R. 321, Jan. 9, 1969] § 140.4 Records available to the public.
All records of the Commodity Exchange Authority are available for public inspection and copying, except exempt records which include the following:
(a) Matters relating solely to internal personnel rules and practices of the Agency. Among such records are manuals and instructions establishing guidelines for the staff in auditing or investigation procedures.
(b) Matters specifically exempted from disclosure by statute. An example of such a statute is the Commodity Exchange Act as amended (7 U.S.C. 1 et seq.). Among such records are correspondence with traders, futures commission merchants and the public containing data and information that discloses the
business transactions of any person or trade secrets or names of customers.
(c) Matters containing trade secrets and commercial or financial information obtained from a person and privileged or confidential. Included among these matters are applications for registration as floor brokers and futures commission merchants and the financial statements accompanying the applications for registration as futures commission merchants, and reports from clearing members, futures commission merchants and reporting traders regarding futures trades and positions.
(d) Interagency and intraagency memorandums or letters which would not be available by law to a party other than an agency in litigation with the Department. Included among these matters would be opinions of the General Counsel regarding the application of various provisions of the Commodity Exchange Act and regulations.
(e) Investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than an agency. Included among these records would be investigation files and audit files.
Matters specifically required by Executive order to be kept secret.
(g) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. [32 F.R. 9648, July 4, 1967, as amended at 34 F.R. 321, Jan. 9, 1969) $ 140.5 Appeals.
(a) Any person from whom agency records are withheld may file an appeal with the Administrator, Commodity Exchange Authority. The appeal should be filed within 30 days after the person is notified that the record is being withheld.
(b) The appeal must be in writing, describing the records denied, contain a statement of grounds upon which the appeal is based, and be signed by the appellant or his authorized representative.
(c) The Administrator shall determine availability of the record, and furnish the applicant written notice of his determination. § 140.6 Compulsory process.
Production or disclosure of any exempt record sought by compulsory process shall be handled as provided by the reg
ulations of the Secretary of Agriculture in 7 CFR Part 1. Subpart B— Functions and Procedures § 140.10 Commodity Exchange Act.
(a) The basic objective of the Commodity Exchange Act (42 Stat. 998, as amended; 7 U.S.C. 1 et seq.) is to product and facilitate commerce in commodities designated by the act that are the subject of transactions involving the sale thereof on boards of trade (commodity exchanges) for future delivery and known as “futures." These commodities are: Wheat, cotton, rice, corn, oats, barley, rye, flaxseed, grain sorghums, millfeeds, butter, eggs (including shell eggs, frozen whole eggs, frozen plain egg whites, and frozen plain egg yolks), onions, Irish potatoes, wool, wool tops, fats, and oils (including lard, tallow, cottonseed oil, peanut oil, soybean oil and all other fats and oils), cottonseed meal, cottonseed, peaunts, soybeans, soybean meal, livestock (including live cattle and live hogs), livestock products (including frozen pork bellies, frozen skinned hams, steer carcass beef, and hides), and frozen concentrated orange juice.
(b) The functions and procedures of the Commodity Exchange Authority under this statute are designed to prevent price manipulation and corners; prevent dissemination of false and misleading crop and market information to influence prices; protect hedgers and other users of the commodity futures markets against cheating, fraud, and manipulative practices; insure the benefits of membership privileges on contract markets to cooperative associations of producers; insure trust-fund treatment of margin moneys and equities of hedgers and other traders and prevent the misuse of such funds by brokers; and provide general information to the public regarding trading operations on contract markets.
(c) The Commodity Exchange Authority receives and considers applications of commodity exchanges for designation as contract markets preliminary to final decision by the Secretary. Applicants denied designation by the Secretary may appeal to the Commodity Exchange Commission (42 Stat. 1001, as amended; 7 U.S.C. 8). Inquiries concerning procedure to be followed by commodity exchanges in filing applications for designation as contract markets
should be addressed to the Administrator.
(d) The Commodity Exchange Authority reviews rules of contract markets to determine conformity with statutory requirements, and receives and considers applications for registration as futures commission merchants and as floor brokers. Application forms may be procured from the central office of the Commodity Exchange Authority or from any regional office thereof.
(e) The Commodity Exchange Authority enforces limits on speculative transactions and positions established by the Commodity Exchange Commission; reviews crop and market news and reports; analyzes cash-commodity transactions; cooperates with control committees of contract markets; observes floor trading; investigates alleged and apparent violations of the act; conducts special trade practice investigations and surveys; investigates contract market delivery practices and procedures; audits books and records of futures commission merchants, floor brokers, and traders; analyzes futures commission merchants' financial statements submitted with their applications for registration; conducts analyses and appraisals of futures trading, cashfutures relationships, and price movements; and compiles and publishes reports and other informational material relating to operations on commodity exchanges. Reporting forms required of clearing members of contract markets; futures commission merchants and foreign brokers; traders; and merchants, processors, and dealers may be procured from any regional office.
(f) Substantive rules promulgated pursuant to the Commodity Exchange Act are set forth in Parts 1 through 150 of this title. Procedural rules are published as Part 0 of this title. [32 F.R. 9648, July 4, 1967, as amended at 34 F.R. 321, Jan. 9, 1969; 34 F.R. 8107, May 23, 1969)
PART 150-ORDERS OF THE COM
MODITY EXCHANGE COMMISSION Sec. 150.1 Limits on position and daily trading
in grain for future delivery. 150.2 Limits on position and daily trading
in cotton for future delivery. 150.3 Limits on position and daily trading
in rye for future delivery.