Federal Register, Volume 86 Issue 60 (Wednesday, March 31, 2021) 
[Federal Register Volume 86, Number 60 (Wednesday, March 31, 2021)]
[Unknown Section]
[Page 16992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04339]


[[Page 16991]]

Vol. 86


No. 60

March 31, 2021

Part XXI



Commodity Futures Trading Commission






Semiannual Regulatory Agenda

Federal Register / Vol. 86 , No. 60 / Wednesday, March 31, 2021 / UA:
Reg Flex Agenda

[[Page 16992]]



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).
    The Commission's Fall 2020 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 September 15, 2020, by the
Christopher Kirkpatrick,
Secretary of the Commission.

         Commodity Futures Trading Commission--Completed Actions
       Sequence No.                    Title             Identifier No.
407.......................  Regulation Automated               3038-AD52


    \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.

Completed Actions

407. 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); 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 modified certain rules proposed in the Commission's December 2015,
notice of proposed rulemaking (NPRM) 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.
The NPRM and Supplemental NPRM, through a set of proposed regulations
collectively referred to as ``Regulation AT,'' would have required
registration of certain market participants that engage in proprietary
algorithmic trading; impose pre-trade risk control, testing, and
certification requirements on market participants, futures commission
merchants, and/or designated contract markets; and set forth
preservation and access obligations relating to algorithmic trading
source code. The NPRM and Supplemental NPRM are withdrawn and
superseded by Electronic Trading Risk Principles, 3038-AF04.

               Reason                    Date            FR Cite
Withdrawn...........................   07/15/20  85 FR 42755

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Marilee Dahlman, Phone: 202 418-5264, Email:
[email protected].
    Joseph Otchin, Phone: 202 418-5623, Email: [email protected].
    RIN: 3038-AD52

[FR Doc. 2021-04339 Filed 3-30-21; 8:45 am]