Regulatory Flexibility Agenda

• Published date: 16 August 2024
• FR Document: 2024-16465
• Citation: 89 FR 66898
• Pages: 66898-66898
• Section: Proposed rules
• Issuer: Commodity Futures Trading Commission

Federal Register, Volume 89 Issue 159 (Friday, August 16, 2024)

[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
                [Unknown Section]
                [Page 66898]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-16465]
                [[Page 66897]]
                Vol. 89
                Friday,
                No. 159
                August 16, 2024
                Part XIXCommodity Futures Trading Corporation-----------------------------------------------------------------------Semiannual Regulatory Agenda
                Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA:
                Reg Flex Agenda
                [[Page 66898]]
                -----------------------------------------------------------------------
                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 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 Spring 2024 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 May 17, 2024, by the Commission.
                Christopher Kirkpatrick,
                Secretary of the Commission. Commodity Futures Trading Commission--Final Rule Stage
                ------------------------------------------------------------------------ Regulation Sequence No. Title Identifier No.
                ------------------------------------------------------------------------
                248....................... Amendments to Certain 3038-AF25 Provisions in Part 4 Applicable to Commodity Pool Operators and Commodity Trading Advisors.
                ------------------------------------------------------------------------
                COMMODITY FUTURES TRADING COMMISSION (CFTC)
                Final Rule Stage
                248. Amendments to Certain Provisions in Part 4 Applicable to Commodity
                Pool Operators and Commodity Trading Advisors [3038-AF25] Legal Authority: 7 U.S.C. 6m; 7 U.S.C. 6n Abstract: The Commodity Futures Trading Commission (Commission) has
                proposed a rule amending certain requirements for commodity pool
                operators and commodity trading advisors, including increasing the
                threshold in the portfolio requirement to be a Qualified Eligible
                Person, imposing minimal disclosure requirements addressing principal
                risk factors, fees/breakeven table, and conflicts of interest, and
                extending the deadline for providing quarterly account statements to
                pool participants from 30 to 45 days. Timetable:
                --------------------------------------------------------------------------- \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.
                ------------------------------------------------------------------------ Action Date FR Cite
                ------------------------------------------------------------------------
                NPRM................................ 10/12/23 88 FR 70852
                NPRM Comment Period End............. 12/11/23 .......................
                Final Rule.......................... 07/00/24 .......................
                Final Rule Effective................ 08/00/24 .......................
                ------------------------------------------------------------------------ Regulatory Flexibility Analysis Required: Yes. Agency Contact: Pamela M. Geraghty, Deputy Director, Market
                Participants Division, Commodity Futures Trading Commission, Three
                Lafayette Centre, 1155 21st Street NW, Washington, DC 20581, Phone: 202
                418-5634, Email: [email protected]. RIN: 3038-AF25
                [FR Doc. 2024-16465 Filed 8-15-24; 8:45 am]
                BILLING CODE 6351-01-P