Regulatory Flexibility Agenda

Citation84 FR 29725
Published date24 June 2019
Record Number2019-11745
CourtCommodity Futures Trading Commission
Federal Register, Volume 84 Issue 121 (Monday, June 24, 2019)
[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
                [Unknown Section]
                [Pages 29725-29727]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-11745]
                [[Page 29725]]
                Vol. 84
                Monday,
                No. 121
                June 24, 2019
                Part XXICommodity Futures Trading Commission-----------------------------------------------------------------------Unified Agenda
                Federal Register / Vol. 84 , No. 121 / Monday, June 24, 2019 /
                Unified Agenda
                [[Page 29726]]
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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, [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.
                ---------------------------------------------------------------------------
                 The Commission's Spring 2019 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 14, 2019, by the Commission.
                Christopher J. Kirkpatrick,
                Secretary of the Commission.
                 Commodity Futures Trading Commission--Proposed Rule Stage
                ------------------------------------------------------------------------
                 Regulation
                 Sequence No. Title Identifier No.
                ------------------------------------------------------------------------
                255....................... Regulation Automated 3038-AD52
                 Trading.
                ------------------------------------------------------------------------
                COMMODITY FUTURES TRADING COMMISSION (CFTC)
                Proposed Rule Stage
                255. 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 ``NPRM''). 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, though a set of proposed regulations
                collectively referred to as ``Regulation AT,'' would require
                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.
                 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.
                [[Page 29727]]
                
                Supplemental NPRM Comment Period 05/01/17 .......................
                 Extended End.
                NPRM................................ 06/00/19 .......................
                ------------------------------------------------------------------------
                 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
                [FR Doc. 2019-11745 Filed 6-21-19; 8:45 am]
                BILLING CODE 6351-01-P
                

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