Home
gpo.gov
govinfo.gov

e-CFR Navigation Aids

Browse

Simple Search

Advanced Search

 — Boolean

 — Proximity

 

Search History

Search Tips

Corrections

Latest Updates

User Info

FAQs

Agency List

Incorporation By Reference

eCFR logo

Related Resources

Electronic Code of Federal Regulations

We invite you to try out our new beta eCFR site at https://ecfr.federalregister.gov. We have made big changes to make the eCFR easier to use. Be sure to leave feedback using the Help button on the bottom right of each page!

e-CFR data is current as of October 29, 2020

Title 17Chapter IPart 140Subpart B → §140.94


Title 17: Commodity and Securities Exchanges
PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION
Subpart B—Functions


§140.94   Delegation of authority to the Director of the Division of Swap Dealer and Intermediary Oversight and the Director of the Division of Clearing and Risk.

Link to an amendment published at 85 FR 67189, Oct. 21, 2020.

(a) The Commission hereby delegates, until such time as the Commission orders otherwise, the following functions to the Director of the Division of Swap Dealer and Intermediary Oversight and to such members of the Commission's staff acting under his or her direction as he or she may designate from time to time:

(1) All functions reserved to the Commission in §5.7 of this chapter;

(2) All function reserved to the Commission in §5.10 of this chapter;

(3) All functions reserved to the Commission in §5.11 of this chapter;

(4) All functions reserved to the Commission in §5.12 of this chapter, except for those relating to nonpublic treatment of reports set forth in §5.12(i) of this chapter; and

(5) All functions reserved to the Commission in §5.14 of this chapter.

(b) The Director of the Division of Swap Dealer and Intermediary Oversight may submit any matter which has been delegated to him or her under paragraph (a) of this section to the Commission for its consideration.

(c) The Commission hereby delegates, until such time as the Commission orders otherwise, the following function to the Director of the Division of Clearing and Risk and to such members of the Commission's staff acting under his or her direction as he or she may designate from time to time:

(1) The authority to review applications for registration as a derivatives clearing organization filed with the Commission under §39.3(a)(1) of this chapter, to determine that an application is materially complete pursuant to §39.3(a)(2) of this chapter, to request additional information in support of an application pursuant to §39.3(a)(3) of this chapter, to extend the review period for an application pursuant to §39.3(a)(6) of this chapter, to stay the running of the 180-day review period if an application is incomplete pursuant to §39.3(b)(1) of this chapter, to review requests for amendments to orders of registration filed with the Commission under §39.3(d)(1) of this chapter, to request additional information in support of a request for an amendment to an order of registration pursuant to §39.3(d)(2) of this chapter, and to request additional information in support of a rule submission pursuant to §39.3(g)(3) of this chapter;

(2) All functions reserved to the Commission in §39.4(a) of this chapter;

(3) All functions reserved to the Commission in §39.5(b)(2), (b)(3)(ix), (c)(1), and (d)(3) of this chapter;

(4) All functions reserved to the Commission in §39.10(c)(4)(iv) of this chapter;

(5) All functions reserved to the Commission in §39.11(b)(1)(v), (b)(2)(ii), (c)(1) and (3), and (f)(1), and (2) of this chapter;

(6) All functions reserved to the Commission in §39.12(a)(5)(iii) of this chapter;

(7) All functions reserved to the Commission in §39.13(g)(8)(ii), (h)(1)(i)(C), (h)(1)(ii), (h)(3)(i) and (ii), and (h)(5)(i)(C) of this chapter;

(8) The authority to request additional information in support of a rule submission under §§39.13(i)(2) and 39.15(b)(2)(iii) of this chapter;

(9) All functions reserved to the Commission in §39.19(c)(2), (c)(3)(iv), and (c)(5) of this chapter;

(10) All functions reserved to the Commission in §39.20(a)(5) of this chapter;

(11) All functions reserved to the Commission in §39.21(c) of this chapter;

(12) All functions reserved to the Commission in §39.31 of this chapter; and

(13) The authority to approve the requests described in §§39.34(d) and 39.39(f) of this chapter.

(d) The Director of Clearing and Risk may submit any matter which has been delegated to him or her under paragraph (c) of this section to the Commission for its consideration.

(e) Nothing in this section may prohibit the Commission, at its election, from exercising the authority delegated to the Director of the Division of Swap Dealers and Intermediary Oversight under paragraph (a) or to the Director of the Division of Clearing and Risk under paragraph (c) of this section.

[78 FR 22420, Apr. 16, 2013, as amended at 78 FR 72514, Dec. 2, 2013; 85 FR 4900, Jan. 27, 2020]

Need assistance?