83_FR_27342 83 FR 27230 - Regulatory Flexibility Agenda

83 FR 27230 - Regulatory Flexibility Agenda

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 83, Issue 112 (June 11, 2018)

Page Range27230-27231
FR Document2018-11228

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 83 Issue 112 (Monday, June 11, 2018)
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Unknown Section]
[Pages 27230-27231]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11228]



[[Page 27229]]

Vol. 83

Monday,

No. 112

June 11, 2018

Part XXI





 Commodity Futures Trading Commission





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Semiannual Regulatory Agenda

Federal Register / Vol. 83 , No. 112 / Monday, June 11, 2018 / 
Unified Agenda

[[Page 27230]]


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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 2018 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 April 4, 2018, by the Commission.
 Christopher J. Kirkpatrick,
Secretary of the Commission.

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


         Commodity Futures Trading Commission--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
249.......................  Regulation Automated               3038-AD52
                             Trading.
------------------------------------------------------------------------


COMMODITY FUTURES TRADING COMMISSION (CFTC)

Final Rule Stage

248. Indemnification Rulemaking

    E.O. 13771 Designation: Independent agency.
    Legal Authority: 7 U.S.C. 12a and 24a
    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..........................   05/00/18  .......................
Final Action Effective..............   07/00/18  .......................
------------------------------------------------------------------------

    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].

[[Page 27231]]

    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

COMMODITY FUTURES TRADING COMMISSION (CFTC)

Long-Term Actions

249. Regulation Automated Trading

    E.O. 13771 Designation: Independent agency.
    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
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.
NPRM................................   06/00/19
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Marilee Dahlman, Phone: 202 418-5264, Email: 
[email protected].
    RIN: 3038-AD52

[FR Doc. 2018-11228 Filed 6-8-18; 8:45 am]
 BILLING CODE 6351-01-P



                                                  27230                          Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / 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
                                                  AGENCY:  Commodity Futures Trading                                   agendas are to contain the following                                   Commission notes also that, under the
                                                  Commission.                                                          elements, as specified in 5 U.S.C. 602(a):                             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
                                                  SUMMARY:  The Commodity Futures                                      to propose or promulgate, which is                                     agenda, nor is it required to consider or
                                                  Trading Commission (‘‘Commission’’),                                 likely to have a significant economic                                  act on any matter that is listed in the
                                                  in accordance with the requirements of                               impact on a substantial number of small
                                                                                                                                                                                              agenda. See 5 U.S.C. 602(d).
                                                                                                                       entities;
                                                  the Regulatory Flexibility Act, is                                                                                                             The Commission’s spring 2018
                                                                                                                          (2) A summary of the nature of any
                                                  publishing a semiannual agenda of                                                                                                           regulatory flexibility agenda is included
                                                                                                                       such rule under consideration for each
                                                  rulemakings that the Commission                                      subject area listed in the agenda, the                                 in the Unified Agenda of Federal
                                                  expects to propose or promulgate over                                objectives and legal basis for the                                     Regulatory and Deregulatory Actions.
                                                  the next year. The Commission                                        issuance of the rule, and an approximate                               The complete Unified Agenda will be
                                                  welcomes comments from small entities                                schedule for completing action on any                                  available online at www.reginfo.gov, in
                                                  and others on the agenda.                                            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 April 4,
                                                                                                                       of an agency official knowledgeable
                                                  Futures Trading Commission, Three                                                                                                           2018, by the Commission.
                                                                                                                       about the items listed in the agenda.
                                                  Lafayette Centre, 1155 21st Street NW,                                  Accordingly, the Commission has                                     Christopher J. Kirkpatrick,
                                                  Washington, DC 20581.                                                prepared an agenda of rulemakings that                                 Secretary of the Commission.

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

                                                  248 ....................   Indemnification Rulemaking .............................................................................................................................       3038–AE44


                                                                                              COMMODITY FUTURES TRADING COMMISSION—LONG-TERM ACTIONS
                                                                                                                                                                                                                                          Regulation
                                                    Sequence No.                                                                                     Title                                                                               Identifier No.

                                                  249 ....................   Regulation Automated Trading ........................................................................................................................          3038–AD52



                                                  COMMODITY FUTURES TRADING                                            information provided. When considered                                           Action                   Date         FR Cite
                                                  COMMISSION (CFTC)                                                    in light of the CFTC’s current
                                                                                                                       regulations addressing Regulators’                                     NPRM ..................         01/25/17    82 FR 8369
                                                  Final Rule Stage                                                                                                                            NPRM Comment                    03/27/17
                                                                                                                       access to SDR data, the removal of the
                                                  248. Indemnification Rulemaking                                      indemnification requirement presents a                                   Period End.
                                                                                                                       number of issues, primarily related to                                 Final Rule ............         05/00/18
                                                     E.O. 13771 Designation: Independent                               the scope of Regulators’ access to SDR                                 Final Action Effec-             07/00/18
                                                  agency.                                                                                                                                       tive.
                                                                                                                       data, and maintaining the
                                                     Legal Authority: 7 U.S.C. 12a and 24a                             confidentiality of such data consistent
                                                     Abstract: The FAST Act repealed CEA                               with CEA 8. The Commission addressed                                     Regulatory Flexibility Analysis
                                                  21(d)(2), added to the CEA by Dodd-                                  these issues in a notice of proposed                                   Required: Yes.
                                                  Frank 728, which provided that                                       rulemaking (NPRM) that revises the                                       Agency Contact: Daniel J. Bucsa,
                                                  domestic and foreign regulators that are                             current approach to Regulators’ access                                 Deputy Director, Division of Market
                                                  otherwise eligible to, and that do,                                  to SDRs’ swap data and sets forth more                                 Oversight, Commodity Futures Trading
                                                  request data from an SDR (collectively,                              information regarding the                                              Commission, Three Lafayette Centre,
                                                  Regulators) agree to indemnify the SDR                               confidentiality agreement that is                                      1155 21st Street NW, Washington, DC
                                                  and the CFTC for expenses resulting                                  required by CEA 21(d).                                                 20581, Phone: 202 418–5435, Email:
daltland on DSKBBV9HB2PROD with PROPOSALS4




                                                  from litigation relating to the                                        Timetable:                                                           dbucsa@cftc.gov.
                                                     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. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda                                                    27231

                                                    David E. Aron, Special Counsel,                       rules proposed in the Commission’s                               Action            Date        FR Cite
                                                  Division of Market Oversight,                           December 2015, notice of proposed
                                                  Commodity Futures Trading                               rulemaking for Regulation AT. The                       Supplemental              01/26/17   82 FR 8502
                                                  Commission, Three Lafayette Centre,                     Supplemental NPRM was published in                        NPRM Com-
                                                  1155 21st Street NW, Washington, DC                     the Federal Register on November 25,                      ment Period Ex-
                                                  20581, Phone: 202 418–6621, Email:                      2016, with a 90-day comment period                        tended.
                                                  daron@cftc.gov.                                         closing on January 24, 2017. The                        Supplemental              05/01/17
                                                    Owen Kopon, Special Counsel,                                                                                    NPRM Com-
                                                                                                          Commission subsequently extended the                      ment Period Ex-
                                                  Division of Market Oversight,                           comment period until May 1, 2017.                         tended End.
                                                  Commodity Futures Trading                                 Timetable:                                            NPRM ..................   06/00/19
                                                  Commission, Three Lafayette Centre,
                                                  1155 21st Street NW, Washington, DC                            Action                Date          FR Cite
                                                  20581, Phone: 202 418–5360, Email:                                                                                Regulatory Flexibility Analysis
                                                  okopon@cftc.gov.                                        ANPRM ...............     09/12/13       78 FR 56542    Required: Yes.
                                                    RIN: 3038–AE44                                        ANPRM Comment             12/11/13
                                                                                                                                                                    Agency Contact: Marilee Dahlman,
                                                                                                            Period End.
                                                                                                          ANPRM Comment             01/24/14       79 FR 4104     Phone: 202 418–5264, Email:
                                                                                                            Period Ex-                                            mdahlman@cftc.gov.
                                                  COMMODITY FUTURES TRADING                                 tended.                                                 RIN: 3038–AD52
                                                  COMMISSION (CFTC)                                       ANPRM Comment             02/14/14
                                                                                                                                                                  [FR Doc. 2018–11228 Filed 6–8–18; 8:45 am]
                                                                                                            Period Ex-
                                                  Long-Term Actions                                         tended End.                                           BILLING CODE 6351–01–P
                                                                                                          NPRM ..................   12/17/15       80 FR 78824
                                                  249. Regulation Automated Trading                       NPRM Comment              03/16/16
                                                     E.O. 13771 Designation: Independent                    Period End.
                                                  agency.                                                 NPRM Comment              06/10/16       81 FR 36484
                                                     Legal Authority: 7 U.S.C. 1a(23), 7                    Period Re-
                                                  U.S.C. 6c(a); 7 U.S.C. 7(d); and 7 U.S.C.                 opened.
                                                  12(a)(5)                                                NPRM Comment              06/24/16
                                                     Abstract: On November 7, 2016, the                     Period Re-
                                                                                                            opened End.
                                                  Commodity Futures Trading
                                                                                                          Supplemental              11/25/16       81 FR 85334
                                                  Commission (‘‘Commission’’) approved                      NPRM.
                                                  a supplemental notice of proposed                       Supplemental              01/24/17
                                                  rulemaking for Regulation AT                              NPRM Com-
                                                  (‘‘Supplemental NPRM’’). The                              ment Period
                                                  Supplemental NPRM modifies certain                        End.
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Document Created: 2018-11-02 11:58:42
Document Modified: 2018-11-02 11:58:42
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 Citation83 FR 27230 

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