Regulatory Flexibility Agenda, 27229-27231 [2018-11228]
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Vol. 83
Monday,
No. 112
June 11, 2018
Part XXI
Commodity Futures Trading Commission
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Semiannual Regulatory Agenda
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Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda
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
17 CFR Ch. I
Regulatory Flexibility Agenda
Commodity Futures Trading
Commission.
ACTION: Semiannual regulatory agenda.
AGENCY:
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.
SUMMARY:
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 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
Identifier No.
Sequence No.
Title
248 ....................
Indemnification Rulemaking .............................................................................................................................
3038–AE44
COMMODITY FUTURES TRADING COMMISSION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
249 ....................
Regulation Automated Trading ........................................................................................................................
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 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:
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.
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.
COMMODITY FUTURES TRADING
COMMISSION (CFTC)
Final Rule Stage
248. Indemnification Rulemaking
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3038–AD52
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Action
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Action Effective.
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Date
01/25/17
03/27/17
FR Cite
82 FR 8369
05/00/18
07/00/18
Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Unified Agenda
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:
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
Action
COMMODITY FUTURES TRADING
COMMISSION (CFTC)
Long-Term Actions
daltland on DSKBBV9HB2PROD with PROPOSALS4
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
VerDate Sep<11>2014
21:33 Jun 08, 2018
Jkt 244001
Date
ANPRM ...............
ANPRM Comment
Period End.
ANPRM Comment
Period Extended.
ANPRM Comment
Period Extended End.
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Reopened.
NPRM Comment
Period Reopened End.
Supplemental
NPRM.
Supplemental
NPRM Comment Period
End.
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Frm 00003
FR Cite
09/12/13
12/11/13
78 FR 56542
01/24/14
79 FR 4104
02/14/14
Action
Supplemental
NPRM Comment Period Extended.
Supplemental
NPRM Comment Period Extended End.
NPRM ..................
BILLING CODE 6351–01–P
06/10/16
81 FR 36484
06/24/16
81 FR 85334
01/24/17
Sfmt 9990
82 FR 8502
05/01/17
06/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Marilee Dahlman,
Phone: 202 418–5264, Email:
mdahlman@cftc.gov.
RIN: 3038–AD52
80 FR 78824
Fmt 4701
01/26/17
FR Cite
[FR Doc. 2018–11228 Filed 6–8–18; 8:45 am]
12/17/15
03/16/16
11/25/16
Date
27231
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]]>Agencies
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Unknown Section]
[Pages 27229-27231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11228]
[[Page 27229]]
Vol. 83
Monday,
No. 112
June 11, 2018
Part XXI
Commodity Futures Trading Commission
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 83 , No. 112 / Monday, June 11, 2018 /
Unified Agenda
[[Page 27230]]
-----------------------------------------------------------------------
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
