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Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Rules and Regulations
Judgment Officers.1 In this rulemaking, the Commission is adopting technical amendments to 17 CFR part 12 that more accurately describe the duties performed by the adjudicator in reparations cases and other administrative proceedings by changing the title of Judgment Officer to Administrative Judge. The technical amendments adopted in this final rule simplify and improve the language of the rules by using plain language for the adjudicator instead of the overly legalistic term Judgment Officer, and by incorporating gender neutral language into part 12, where applicable;
thereby, making the rules easier to understand.
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A. Administrative Procedure Act The amendments to the Commissions regulations in this rulemaking do not establish any new substantive or legislative rules, but rather are technical amendments to its Rules Relating to Reparations to change the position title of the Judgment Officer to Administrative Judge and to incorporate gender neutral language, where applicable. The amendments to the Commissions regulations relate solely to agency management, organization, procedure, and practice and provide technical corrections of a minor and administrative nature. Therefore, this rulemaking is excepted from the public rulemaking provisions of the Administrative Procedure Act.2
Additionally, an agency may issue a new rule in some circumstances without publication in the Federal Register of a notice of proposed rulemaking with an opportunity for comment if the agency for good cause finds and incorporates the finding and a brief statement of the reasons therefor in the rules issued that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. 3 As noted earlier, the amendments to part 12 are technical edits to improve the language of the rules and incorporate gender neutral language. Good cause thus exists as the final rule implements changes that affect internal agency management, organization and procedure that exempts it from notice and comment rulemaking. Further, as the revisions to 1 Proceedings Before the Commodity Futures Trading Commission, 78 FR 12933 Feb. 26, 2013.
2 5 U.S.C. 553a and bA. Rulemaking procedures do not apply, to the extent that there is involved a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts or to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice.
3 5 U.S.C. 553b.

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the Commissions regulations in this rulemaking will not cause any party to undertake efforts to comply with the regulations as revised, the Commission has determined to make this rulemaking effective upon publication in the Federal Register.4
B. Regulatory Flexibility Act The Regulatory Flexibility Act requires the Commission to consider whether the regulations it adopts will have a significant economic impact on a substantial number of small entities.5
The Commission is obligated to conduct a regulatory flexibility analysis for any rule for which the agency publishes a general notice of proposed rulemaking pursuant to section 553b of the Administrative Procedure Act or any other law.6 This rulemaking is excepted from the public rulemaking provisions of the Administrative Procedure Act.
Accordingly, the Commission is not required to conduct a regulatory flexibility analysis for this rulemaking.
C. 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 of 1995 Paperwork Reduction Act.7 This final rule does not contain a collection of information as defined in the Paperwork Reduction Act and, therefore, is not subject to the requirements of the Paperwork Reduction Act.
D. Cost-Benefit Analysis Section 15 of the Commodity Exchange Act, as amended by the Commodity Futures Modernization Act of 2000, provides that before promulgating a regulation under the Act or issuing an order, the Commission shall consider the costs and benefits of the action of the Commission.8 These rules govern internal agency organization, procedure, and practice, and therefore the Commission finds that none of the considerations enumerated in section 15a2 of the Commodity 4 Section 553d of the APA, 5 U.S.C. 553d, provides, in part, that a rule may not be made effective less than 30 days before its effective date except as otherwise provided by the agency for good cause found and published with the rule.
5 See 5 U.S.C. 601 et seq.
6 5 U.S.C. 6012.
7 See 44 U.S.C. 3501 et seq.
8 7 U.S.C. 19a.

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Exchange Act, as amended, are applicable to these rules.
E. Congressional Review Act This final rule is not a rule as defined in the Congressional Review Act.9
List of Subjects in 17 CFR Part 12
Administrative practice and procedure, Consumer protection, Organization and functions Government agencies, Reparations.
For the reasons stated in the preamble, the Commodity Futures Trading Commission amends 17 CFR
part 12 as set forth below:
PART 12RULES RELATING TO
REPARATIONS
1. The authority citation for part 12
continues to read as follows:

Authority: 7 U.S.C. 2a12, 12a5, and 18.

2. Revise 12.2 to read as follows:

12.2

Definitions.

For purposes of this part:
Act means the Commodity Exchange Act, as amended, 7 U.S.C. 1, et seq.
Administrative Judge means an employee of the Commission who is authorized to conduct all reparations proceedings. In appropriate circumstances, the functions of an Administrative Judge may be performed by an Administrative Law Judge.
Administrative Law Judge means an administrative law judge appointed pursuant to the provisions of 5 U.S.C.
3105.
Commission means the Commodity Futures Trading Commission.
Commission decisional employee means an employee or employees of the Commission who are or may reasonably be expected to be involved in the decisionmaking process in any proceeding, including, but not limited to: An Administrative Judge; members of the personal staffs of the Commissioners, but not the Commissioners themselves; members of the staffs of the Administrative Law Judges, but not an Administrative Law Judge; members of the staffs of the Administrative Judges; members of the Office of the General Counsel; members of the staff of the Office of Proceedings;
and other Commission employees who may be assigned to hear or to participate in the decision of a particular matter.
Complainant means a person who, individually or jointly with others, has applied to the Commission for a reparation award pursuant to section 14a of the Act, but shall not include a cross claimant or any other type of 9 See
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5 U.S.C. 801 through 808.

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