Regulatory Flexibility Agenda, 40382-40383 [2017-16987]

Download as PDF 40382 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 17 CFR Ch. I Regulatory Flexibility Agenda Commodity Futures Trading Commission. AGENCY: ACTION: 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 SUPPLEMENTARY INFORMATION: COMMODITY FUTURES TRADING COMMISSION Semiannual regulatory agenda. 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. SUMMARY: FOR FURTHER INFORMATION CONTACT: Christopher J. Kirkpatrick, Secretary of the Commission, (202) 418–5964, ckirkpatrick@cftc.gov, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581. 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). 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 identifier No. Sequence No. Title 265 .................... Regulation Automated Trading ........................................................................................................................ 3038–AD52 COMMODITY FUTURES TRADING COMMISSION—FINAL RULE STAGE Regulation identifier No. Sequence No. Title 266 .................... Indemnification Rulemaking ............................................................................................................................. COMMODITY FUTURES TRADING COMMISSION (CFTC) Proposed Rule Stage mstockstill on DSK30JT082PROD with PROPOSAL21 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 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 VerDate Sep<11>2014 18:20 Aug 23, 2017 Jkt 241001 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 ANPRM ............... ANPRM Comment Period End. ANPRM Comment Period Extended. FR Cite 09/12/13 12/11/13 78 FR 56542 01/24/14 79 FR 4104 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 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 Action ANPRM Comment Period Extended End. NPRM .................. NPRM Comment Period End. NPRM Comment Period Reopened. NPRM Comment Period Reopened End. Supplemental NPRM. Date 3038–AE44 FR Cite 02/14/14 12/17/15 03/16/16 80 FR 78824 06/10/16 81 FR 36484 06/24/16 11/25/16 81 FR 85334 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. E:\FR\FM\24AUP21.SGM 24AUP21 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda Action Date Supplemental NPRM Comment Period End. Supplemental NPRM Comment Period Extended. Supplemental NPRM Comment Period Extended End. FR Cite 01/24/17 01/26/17 82 FR 8502 05/01/17 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: mdahlman@cftc.gov. RIN: 3038–AD52 COMMODITY FUTURES TRADING COMMISSION (CFTC) Abstract: The FAST Act repealed CEA 21(d)(2), added to the CEA by DoddFrank 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 Final Rule Stage mstockstill on DSK30JT082PROD with PROPOSAL21 266. Indemnification Rulemaking Legal Authority: CEA 8a(5) and 21 VerDate Sep<11>2014 18:20 Aug 23, 2017 Jkt 241001 Date NPRM .................. NPRM Comment Period End. PO 00000 Frm 00003 01/25/17 03/27/17 Fmt 4701 FR Cite 82 FR 8369 Action FInal Rule ............ Final Action Effective. FR Cite 12/00/17 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: dbucsa@cftc.gov. 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: daron@cftc.gov. 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: okopon@cftc.gov. RIN: 3038–AE44 [FR Doc. 2017–16987 Filed 8–23–17; 8:45 am] BILLING CODE 6351–01–P Sfmt 9990 Date 40383 E:\FR\FM\24AUP21.SGM 24AUP21

Agencies

[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Unknown Section]
[Pages 40382-40383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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, ckirkpatrick@cftc.gov, 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: mdahlman@cftc.gov.
    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: dbucsa@cftc.gov.
    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: 
daron@cftc.gov.
    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: 
okopon@cftc.gov.
    RIN: 3038-AE44

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