82_FR_40544 82 FR 40381 - Regulatory Flexibility Agenda

82 FR 40381 - Regulatory Flexibility Agenda

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 82, Issue 163 (August 24, 2017)

Page Range40381-40383
FR Document2017-16987

The Commodity Futures Trading Commission (Commission), in accordance with the requirements of the Regulatory Flexibility Act, is publishing a semiannual agenda of rulemakings that the Commission expects to propose or promulgate over the next year. The Commission welcomes comments from small entities and others on the agenda.

Federal Register, Volume 82 Issue 163 (Thursday, August 24, 2017)
[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Unknown Section]
[Pages 40381-40383]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16987]



[[Page 40381]]

Vol. 82

Thursday,

No. 163

August 24, 2017

Part XXI





Commodity Futures Trading Commission





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Semiannual Regulatory Agenda

Federal Register / Vol. 82 , No. 163 / Thursday, August 24, 2017 / 
Unified Agenda

[[Page 40382]]


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COMMODITY FUTURES TRADING COMMISSION

17 CFR Ch. I


Regulatory Flexibility Agenda

AGENCY: Commodity Futures Trading Commission.

ACTION: Semiannual regulatory agenda.

-----------------------------------------------------------------------

SUMMARY: The Commodity Futures Trading Commission (Commission), in 
accordance with the requirements of the Regulatory Flexibility Act, is 
publishing a semiannual agenda of rulemakings that the Commission 
expects to propose or promulgate over the next year. The Commission 
welcomes comments from small entities and others on the agenda.

FOR FURTHER INFORMATION CONTACT: Christopher J. Kirkpatrick, Secretary 
of the Commission, (202) 418-5964, [email protected], Commodity 
Futures Trading Commission, Three Lafayette Centre, 1155 21st Street 
NW., Washington, DC 20581.

SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (RFA), 5 
U.S.C. 601, et seq., includes a requirement that each agency publish 
semiannually in the Federal Register a regulatory flexibility agenda. 
Such agendas are to contain the following elements, as specified in 5 
U.S.C. 602(a):
    (1) A brief description of the subject area of any rule that the 
agency expects to propose or promulgate, which is likely to have a 
significant economic impact on a substantial number of small entities;
    (2) A summary of the nature of any such rule under consideration 
for each subject area listed in the agenda, the objectives and legal 
basis for the issuance of the rule, and an approximate schedule for 
completing action on any rule for which the agency has issued a general 
notice of proposed rulemaking; and
    (3) The name and telephone number of an agency official 
knowledgeable about the items listed in the agenda.
    Accordingly, the Commission has prepared an agenda of rulemakings 
that it presently expects may be considered during the course of the 
next year. Subject to a determination for each rule, it is possible as 
a general matter that some of these rules may have some impact on small 
entities.\1\ The Commission notes also that, under the RFA, it is not 
precluded from considering or acting on a matter not included in the 
regulatory flexibility agenda, nor is it required to consider or act on 
any matter that is listed in the agenda. See 5 U.S.C. 602(d).
---------------------------------------------------------------------------

    \1\ The Commission published its definition of a ``small 
entity'' for purposes of rulemaking proceedings at 47 FR 18618 
(April 30, 1982). Pursuant to that definition, the Commission is not 
required to list--but nonetheless does--many of the items contained 
in this regulatory flexibility agenda. See also 5 U.S.C. 602(a)(1). 
Moreover, for certain items listed in this agenda, the Commission 
has previously certified, under section 605 of the RFA, 5 U.S.C. 
605, that those items will not have a significant economic impact on 
a substantial number of small entities. For these reasons, the 
listing of a rule in this regulatory flexibility agenda should not 
be taken as a determination that the rule, when proposed or 
promulgated, will in fact require a regulatory flexibility analysis. 
Rather, the Commission has chosen to publish an agenda that includes 
significant and other substantive rules, regardless of their 
potential impact on small entities, to provide the public with 
broader notice of new or revised regulations the Commission may 
consider and to enhance the public's opportunity to participate in 
the rulemaking process.
---------------------------------------------------------------------------

    The Commission's spring 2017 regulatory flexibility agenda is 
included in the Unified Agenda of Federal Regulatory and Deregulatory 
Actions. The complete Unified Agenda will be available online at 
www.reginfo.gov, in a format that offers users enhanced ability to 
obtain information from the Agenda database.

    Issued in Washington, DC, on March 30, 2017, by the Commission.
 Robert N. Sidman,
Deputy Secretary of the Commission.

        Commodity Futures Trading Commission--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             identifier No.
------------------------------------------------------------------------
265.......................  Regulation Automated               3038-AD52
                             Trading.
------------------------------------------------------------------------


         Commodity Futures Trading Commission--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             identifier No.
------------------------------------------------------------------------
266.......................  Indemnification Rulemaking         3038-AE44
------------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION (CFTC)

Proposed Rule Stage

265. Regulation Automated Trading

    Legal Authority: 7 U.S.C. 1a(23), 7 U.S.C. 6c(a); 7 U.S.C. 7(d); 
and 7 U.S.C. 12(a)(5)
    Abstract: On November 7, 2016, the Commodity Futures Trading 
Commission (``Commission'') approved a supplemental notice of proposed 
rulemaking for Regulation AT (``Supplemental NPRM''). The Supplemental 
NPRM modifies certain rules proposed in the Commission's December 2015 
notice of proposed rulemaking for Regulation AT. The Supplemental NPRM 
was published in the Federal Register on November 25, 2016, with a 90-
day comment period closing on January 24, 2017. The Commission 
subsequently extended the comment period until May 1, 2017.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   09/12/13  78 FR 56542
ANPRM Comment Period End............   12/11/13
ANPRM Comment Period Extended.......   01/24/14  79 FR 4104
ANPRM Comment Period Extended End...   02/14/14
NPRM................................   12/17/15  80 FR 78824
NPRM Comment Period End.............   03/16/16
NPRM Comment Period Reopened........   06/10/16  81 FR 36484
NPRM Comment Period Reopened End....   06/24/16
Supplemental NPRM...................   11/25/16  81 FR 85334

[[Page 40383]]

 
Supplemental NPRM Comment Period End   01/24/17
Supplemental NPRM Comment Period       01/26/17  82 FR 8502
 Extended.
Supplemental NPRM Comment Period       05/01/17
 Extended End.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Marilee Dahlman, Special Counsel, Division of 
Market Oversight, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1155 21st Street NW., Washington, DC 20581. Phone: 202 418-
5264, Email: [email protected].
    RIN: 3038-AD52

COMMODITY FUTURES TRADING COMMISSION (CFTC)

Final Rule Stage

266. Indemnification Rulemaking

    Legal Authority: CEA 8a(5) and 21
    Abstract: The FAST Act repealed CEA 21(d)(2), added to the CEA by 
Dodd-Frank 728, which provided that domestic and foreign regulators 
that are otherwise eligible to, and that do, request data from an SDR 
(collectively Regulators) agree to indemnify the SDR and the CFTC for 
expenses resulting from litigation relating to the information 
provided. When considered in light of the CFTC's current regulations 
addressing Regulators' access to SDR data, the removal of the 
indemnification requirement presents a number of issues, primarily 
related to the scope of Regulators' access to SDR data, and maintaining 
the confidentiality of such data consistent with CEA 8. The Commission 
addressed these issues in a notice of proposed rulemaking (NPRM) that 
revises the current approach to Regulators' access to SDRs' swap data 
and sets forth more information regarding the confidentiality agreement 
that is required by CEA 21(d).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/25/17  82 FR 8369
NPRM Comment Period End.............   03/27/17
FInal Rule..........................   12/00/17
Final Action Effective..............   01/00/18
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Daniel J. Bucsa, Deputy Director, Division of 
Market Oversight, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1155 21st Street NW., Washington, DC 20581, Phone: 202 418-
5435, Email: [email protected].
    David E. Aron, Special Counsel, Division of Market Oversight, 
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st 
Street NW., Washington, DC 20581, Phone: 202 418-6621, Email: 
[email protected].
    Owen Kopon, Special Counsel, Division of Market Oversight, 
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st 
Street NW., Washington, DC 20581, Phone: 202 418-5360, Email: 
[email protected].
    RIN: 3038-AE44

[FR Doc. 2017-16987 Filed 8-23-17; 8:45 am]
 BILLING CODE 6351-01-P



                                                                                                          Vol. 82                           Thursday,
                                                                                                          No. 163                           August 24, 2017




                                                                                                          Part XXI


                                                                                                          Commodity Futures Trading Commission
                                                                                                          Semiannual Regulatory Agenda
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                                                     40382                      Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda

                                                     COMMODITY FUTURES TRADING                                            SUPPLEMENTARY INFORMATION:      The                                    it presently expects may be considered
                                                     COMMISSION                                                           Regulatory Flexibility Act (RFA), 5                                    during the course of the next year.
                                                                                                                          U.S.C. 601, et seq., includes a                                        Subject to a determination for each rule,
                                                     17 CFR Ch. I                                                         requirement that each agency publish                                   it is possible as a general matter that
                                                                                                                          semiannually in the Federal Register a                                 some of these rules may have some
                                                     Regulatory Flexibility Agenda                                        regulatory flexibility agenda. Such                                    impact on small entities.1 The
                                                                                                                          agendas are to contain the following                                   Commission notes also that, under the
                                                     AGENCY:Commodity Futures Trading                                     elements, as specified in 5 U.S.C. 602(a):
                                                     Commission.                                                                                                                                 RFA, it is not precluded from
                                                                                                                             (1) A brief description of the subject                              considering or acting on a matter not
                                                     ACTION:     Semiannual regulatory agenda.                            area of any rule that the agency expects                               included in the regulatory flexibility
                                                                                                                          to propose or promulgate, which is
                                                                                                                                                                                                 agenda, nor is it required to consider or
                                                     SUMMARY:   The Commodity Futures                                     likely to have a significant economic
                                                                                                                                                                                                 act on any matter that is listed in the
                                                     Trading Commission (Commission), in                                  impact on a substantial number of small
                                                                                                                                                                                                 agenda. See 5 U.S.C. 602(d).
                                                     accordance with the requirements of the                              entities;
                                                     Regulatory Flexibility Act, is publishing                               (2) A summary of the nature of any                                     The Commission’s spring 2017
                                                     a semiannual agenda of rulemakings                                   such rule under consideration for each                                 regulatory flexibility agenda is included
                                                     that the Commission expects to propose                               subject area listed in the agenda, the                                 in the Unified Agenda of Federal
                                                     or promulgate over the next year. The                                objectives and legal basis for the                                     Regulatory and Deregulatory Actions.
                                                     Commission welcomes comments from                                    issuance of the rule, and an approximate                               The complete Unified Agenda will be
                                                     small entities and others on the agenda.                             schedule for completing action on any                                  available online at www.reginfo.gov, in
                                                                                                                          rule for which the agency has issued a                                 a format that offers users enhanced
                                                     FOR FURTHER INFORMATION CONTACT:                                     general notice of proposed rulemaking;                                 ability to obtain information from the
                                                     Christopher J. Kirkpatrick, Secretary of                             and                                                                    Agenda database.
                                                     the Commission, (202) 418–5964,                                         (3) The name and telephone number
                                                     ckirkpatrick@cftc.gov, Commodity                                                                                                              Issued in Washington, DC, on March 30,
                                                                                                                          of an agency official knowledgeable
                                                     Futures Trading Commission, Three                                                                                                           2017, by the Commission.
                                                                                                                          about the items listed in the agenda.
                                                     Lafayette Centre, 1155 21st Street NW.,                                 Accordingly, the Commission has                                     Robert N. Sidman,
                                                     Washington, DC 20581.                                                prepared an agenda of rulemakings that                                 Deputy Secretary of the Commission.

                                                                                               COMMODITY FUTURES TRADING COMMISSION—PROPOSED RULE STAGE
                                                                                                                                                                                                                                             Regulation
                                                       Sequence No.                                                                                     Title                                                                               identifier No.

                                                     265 ....................   Regulation Automated Trading ........................................................................................................................          3038–AD52


                                                                                                   COMMODITY FUTURES TRADING COMMISSION—FINAL RULE STAGE
                                                                                                                                                                                                                                             Regulation
                                                       Sequence No.                                                                                     Title                                                                               identifier No.

                                                     266 ....................   Indemnification Rulemaking .............................................................................................................................       3038–AE44



                                                     COMMODITY FUTURES TRADING                                            rulemaking for Regulation AT. The                                               Action                   Date         FR Cite
                                                     COMMISSION (CFTC)                                                    Supplemental NPRM was published in
                                                                                                                          the Federal Register on November 25,                                   ANPRM Comment                   02/14/14
                                                     Proposed Rule Stage                                                                                                                           Period Ex-
                                                                                                                          2016, with a 90-day comment period
                                                     265. Regulation Automated Trading                                                                                                             tended End.
                                                                                                                          closing on January 24, 2017. The
                                                                                                                                                                                                 NPRM ..................         12/17/15    80 FR 78824
                                                        Legal Authority: 7 U.S.C. 1a(23), 7                               Commission subsequently extended the
                                                                                                                                                                                                 NPRM Comment                    03/16/16
                                                     U.S.C. 6c(a); 7 U.S.C. 7(d); and 7 U.S.C.                            comment period until May 1, 2017.                                        Period End.
                                                     12(a)(5)                                                               Timetable:                                                           NPRM Comment                    06/10/16    81 FR 36484
                                                        Abstract: On November 7, 2016, the                                                                                                         Period Re-
                                                     Commodity Futures Trading                                                     Action                   Date              FR Cite              opened.
                                                     Commission (‘‘Commission’’) approved                                                                                                        NPRM Comment                    06/24/16
                                                                                                                          ANPRM ...............           09/12/13        78 FR 56542              Period Re-
                                                     a supplemental notice of proposed                                                                                                             opened End.
                                                     rulemaking for Regulation AT                                         ANPRM Comment                   12/11/13
                                                                                                                           Period End.                                                           Supplemental                    11/25/16    81 FR 85334
                                                     (‘‘Supplemental NPRM’’). The                                                                                                                  NPRM.
                                                                                                                          ANPRM Comment                   01/24/14        79 FR 4104
                                                     Supplemental NPRM modifies certain                                    Period Ex-
                                                     rules proposed in the Commission’s                                    tended.
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                                                     December 2015 notice of proposed
                                                        1 The Commission published its definition of a                    has previously certified, under section 605 of the                     Commission has chosen to publish an agenda that
                                                     ‘‘small entity’’ for purposes of rulemaking                          RFA, 5 U.S.C. 605, that those items will not have                      includes significant and other substantive rules,
                                                     proceedings at 47 FR 18618 (April 30, 1982).                         a significant economic impact on a substantial                         regardless of their potential impact on small
                                                     Pursuant to that definition, the Commission is not                   number of small entities. For these reasons, the                       entities, to provide the public with broader notice
                                                     required to list—but nonetheless does—many of the                    listing of a rule in this regulatory flexibility agenda
                                                                                                                                                                                                 of new or revised regulations the Commission may
                                                     items contained in this regulatory flexibility                       should not be taken as a determination that the rule,
                                                     agenda. See also 5 U.S.C. 602(a)(1). Moreover, for                   when proposed or promulgated, will in fact require                     consider and to enhance the public’s opportunity to
                                                     certain items listed in this agenda, the Commission                  a regulatory flexibility analysis. Rather, the                         participate in the rulemaking process.




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                                                                           Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda                                                  40383

                                                            Action             Date           FR Cite           Abstract: The FAST Act repealed CEA                         Action              Date      FR Cite
                                                                                                             21(d)(2), added to the CEA by Dodd-
                                                     Supplemental            01/24/17                        Frank 728, which provided that                          FInal Rule ............   12/00/17
                                                       NPRM Com-                                             domestic and foreign regulators that are                Final Action Effec-       01/00/18
                                                       ment Period                                           otherwise eligible to, and that do,                       tive.
                                                       End.                                                  request data from an SDR (collectively
                                                     Supplemental            01/26/17      82 FR 8502                                                                  Regulatory Flexibility Analysis
                                                                                                             Regulators) agree to indemnify the SDR
                                                       NPRM Com-                                                                                                     Required: Yes.
                                                       ment Period Ex-                                       and the CFTC for expenses resulting
                                                       tended.                                               from litigation relating to the                           Agency Contact: Daniel J. Bucsa,
                                                     Supplemental            05/01/17                        information provided. When considered                   Deputy Director, Division of Market
                                                       NPRM Com-                                             in light of the CFTC’s current                          Oversight, Commodity Futures Trading
                                                       ment Period Ex-                                       regulations addressing Regulators’                      Commission, Three Lafayette Centre,
                                                       tended End.                                           access to SDR data, the removal of the                  1155 21st Street NW., Washington, DC
                                                                                                             indemnification requirement presents a                  20581, Phone: 202 418–5435, Email:
                                                       Regulatory Flexibility Analysis                       number of issues, primarily related to                  dbucsa@cftc.gov.
                                                     Required: Yes.                                          the scope of Regulators’ access to SDR                    David E. Aron, Special Counsel,
                                                       Agency Contact: Marilee Dahlman,                      data, and maintaining the                               Division of Market Oversight,
                                                     Special Counsel, Division of Market                     confidentiality of such data consistent                 Commodity Futures Trading
                                                     Oversight, Commodity Futures Trading                    with CEA 8. The Commission addressed                    Commission, Three Lafayette Centre,
                                                     Commission, Three Lafayette Centre,                     these issues in a notice of proposed                    1155 21st Street NW., Washington, DC
                                                     1155 21st Street NW., Washington, DC                    rulemaking (NPRM) that revises the                      20581, Phone: 202 418–6621, Email:
                                                     20581. Phone: 202 418–5264, Email:                      current approach to Regulators’ access                  daron@cftc.gov.
                                                     mdahlman@cftc.gov.                                      to SDRs’ swap data and sets forth more                    Owen Kopon, Special Counsel,
                                                       RIN: 3038–AD52                                                                                                Division of Market Oversight,
                                                                                                             information regarding the
                                                                                                             confidentiality agreement that is                       Commodity Futures Trading
                                                                                                             required by CEA 21(d).                                  Commission, Three Lafayette Centre,
                                                     COMMODITY FUTURES TRADING                                  Timetable:                                           1155 21st Street NW., Washington, DC
                                                     COMMISSION (CFTC)                                                                                               20581, Phone: 202 418–5360, Email:
                                                                                                                    Action                 Date         FR Cite      okopon@cftc.gov.
                                                     Final Rule Stage
                                                                                                                                                                       RIN: 3038–AE44
                                                                                                             NPRM ..................   01/25/17     82 FR 8369
                                                     266. Indemnification Rulemaking                         NPRM Comment              03/27/17                      [FR Doc. 2017–16987 Filed 8–23–17; 8:45 am]
                                                       Legal Authority: CEA 8a(5) and 21                      Period End.                                            BILLING CODE 6351–01–P
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Document Created: 2018-10-24 12:37:35
Document Modified: 2018-10-24 12:37:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionUnknown Section
ActionSemiannual regulatory agenda.
ContactChristopher J. Kirkpatrick, Secretary of the Commission, (202) 418-5964, [email protected], Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581.
FR Citation82 FR 40381 

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