2016-29920
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Unknown Section]
[Pages 94840-94841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29920]
[[Page 94839]]
Vol. 81
Friday,
No. 247
December 23, 2016
Part XXII
Commodity Futures Trading Commission
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Semiannual Regulatory Agenda
Federal Register / Vol. 81 , No. 247 / Friday, December 23, 2016 /
Unified Agenda
[[Page 94840]]
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COMMODITY FUTURES TRADING COMMISSION
17 CFR Ch. I
Regulatory Flexibility Agenda
AGENCY: Commodity Futures Trading Commission.
ACTION: Semiannual regulatory agenda.
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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).
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\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.
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The Commission's Fall 2016 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 28, 2016, by the
Commission.
Christopher J. Kirkpatrick,
Secretary of the Commission.
Commodity Futures Trading Commission--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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454....................... Regulation Automated 3038-AD52
Trading.
455....................... Indemnification Rulemaking 3038-AE44
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COMMODITY FUTURES TRADING COMMISSION (CFTC)
Proposed Rule Stage
454. 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 December 17, 2015, the Commission published a notice
of proposed rulemaking (``NPRM'') titled ``Regulation Automated
Trading.'' Regulation Automated Trading proposes a series of risk
controls, transparency measures and other safeguards to enhance the
regulatory regime for automated trading on U.S. designated contract
markets. The initial comment period was open through March 16, 2016,
and was re-opened from June 10 through June 24, 2016. After evaluating
all comments received, the Commission is now considering publishing a
supplemental NPRM to incorporate comments and make certain amendments
to its proposal.
Timetable:
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Action Date FR Cite
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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 End............. 06/24/16 .......................
Supplemental NPRM................... 11/00/16 .......................
Supplemental NPRM Comment Period End 12/00/16 .......................
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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
455. 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
[[Page 94841]]
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
plans to address these issues in a notice of proposed rulemaking (NPRM)
that revises the current approach to Regulators' access to SDRs' swap
data and set forth more information regarding the confidentiality
agreement that is required by CEA 21(d).
Timetable:
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Action Date FR Cite
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NPRM................................ 11/00/16 .......................
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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, Attorney Advisor, 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. 2016-29920 Filed 12-22-16; 8:45 am]
BILLING CODE 6351-01-P