16992 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 

1The 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. 

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, 

ckirkpatrick@cftc.gov, 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 Commission. 

Christopher Kirkpatrick, 

Secretary of the Commission. 

COMMODITY FUTURES TRADING COMMISSION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

407 .................... Regulation Automated Trading ........................................................................................................................ 3038–AD52 

COMMODITY FUTURES TRADING 

COMMISSION (CFTC) 

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. 

Completed: 

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: 

mdahlman@cftc.gov. 

Joseph Otchin, Phone: 202 418–5623, 

Email: jotchin@cftc.gov. 

RIN: 3038–AD52 

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

BILLING CODE 6351–01–P 


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