[Federal Register Volume 85, Number 166 (Wednesday, August 26, 2020)]
[Proposed Rules]
[Pages 52805-52807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16748]



[[Page 52805]]

Vol. 85

Wednesday,

No. 166

August 26, 2020

Part XXII





Commodity Futures Trading Commission





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Semiannual Regulatory Agenda

  Federal Register / Vol. 85, No. 166 / Wednesday, August 26, 2020 / 
UA: Reg Flex Agenda  

[[Page 52806]]


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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 Spring 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 March 26, 2020, by the Commission.
Christopher Kirkpatrick,
Secretary of the Commission.

         Commodity Futures Trading Commission--Long-Term Actions
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
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280.......................  Regulation Automated               3038-AD52
                             Trading.
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COMMODITY FUTURES TRADING COMMISSION (CFTC)

Long-Term Actions

280. 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 modifies 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 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. The Commission expects that this proposal will be 
superseded by Electronic Trading Risk Principles, 3038-AE96.
    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 Reopened End....   06/24/16
Supplemental NPRM...................   11/25/16  81 FR 85334
Supplemental NPRM Comment Period End   01/24/17

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Supplemental NPRM Comment Period       01/26/17  82 FR 8502
 Extended.
Supplemental NPRM Comment Period       05/01/17
 Extended End.
                                     -----------------------------------
Next Action Undetermined............           To Be Determined
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Marilee Dahlman, Phone: 202 418-5264, Email: 
[email protected].
    RIN: 3038-AD52

[FR Doc. 2020-16748 Filed 8-25-20; 8:45 am]
BILLING CODE 6351-01-P