1964 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified 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 2017 

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 October 2, 

2017, by the Commission. 

Christopher J. Kirkpatrick, 

Secretary of the Commission. 

COMMODITY FUTURES TRADING COMMISSION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

389 .................... Indemnification Rulemaking ............................................................................................................................. 3038–AE44 

COMMODITY FUTURES TRADING COMMISSION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

390 .................... Regulation Automated Trading ........................................................................................................................ 3038–AD52 

COMMODITY FUTURES TRADING 

COMMISSION (CFTC) 

Final Rule Stage 

389. Indemnification Rulemaking 

E.O. 13771 Designation: Independent 

agency. 

Legal Authority: 7 U.S.C. 12a and 24a 

Abstract: The FAST Act repealed CEA 

21(d)(2), added to the CEA by DoddFrank 728, which provided that 

domestic and foreign regulators that are 

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 addressed 

these issues in a notice of proposed 

rulemaking (NPRM) that revises the 

current approach to Regulators’ access 

to SDRs’ swap data and sets forth more 

information regarding the 

confidentiality agreement that is 

required by CEA 21(d). 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/25/17 82 FR 8369 

NPRM Comment 

Period End.

03/27/17 

Final Rule ............ 12/00/17 

Final Action Effective.01/00/18 

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: 

dbucsa@cftc.gov. 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1965 

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: 

daron@cftc.gov. 

Owen Kopon, Special Counsel, 

Division of Market Oversight, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW, Washington, DC 

20581, Phone: 202 418–5360, Email: 

okopon@cftc.gov. 

RIN: 3038–AE44 

COMMODITY FUTURES TRADING 

COMMISSION (CFTC) 

Long-Term Actions 

390. 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 

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. 

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 

Action Date FR Cite 

Supplemental 

NPRM Comment Period Extended.

01/26/17 82 FR 8502 

Supplemental 

NPRM Comment Period Extended End.

05/01/17 

Final Rule ............ 12/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marilee Dahlman, 

Phone: 202 418–5264, Email: 

mdahlman@cftc.gov. 

RIN: 3038–AD52 

[FR Doc. 2017–28240 Filed 1–11–18; 8:45 am] 

BILLING CODE 6351–01–P 


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