1

6351-01-P

COMMODITY FUTURES TRADING COMMISSION

17 CFR Part 39

RIN 3038-AF21

Derivatives Clearing Organization Risk Management Regulations To Account for 

the Treatment of Separate Accounts by Futures Commission Merchants

AGENCY: Commodity Futures Trading Commission.

ACTION: Extension of comment period.

SUMMARY: On April 14, 2023, the Commodity Futures Trading Commission 

(Commission or CFTC) published in the Federal Register a notice of proposed 

rulemaking (NPRM) titled Derivatives Clearing Organization Risk Management 

Regulations To Account for the Treatment of Separate Accounts by Futures Commission 

Merchants. The comment period for the NPRM closes on June 13, 2023. The 

Commission is extending the comment period for this NPRM by an additional 17 days.

DATES: The comment period for the NPRM titled Derivatives Clearing Organization 

Risk Management Regulations To Account for the Treatment of Separate Accounts by 

Futures Commission Merchants, published April 14, 2023 at 88 FR 22934, is extended 

through June 30, 2023.

ADDRESSES: You may submit comments, identified by RIN 3038–AF21, by any of 

the following methods:

• CFTC Comments Portal: https://comments.cftc.gov. Select the “Submit 

Comments” link for this rulemaking and follow the instructions on the Public Comment 

Form.
2

• Mail: Send to Christopher Kirkpatrick, Secretary of the Commission, 

Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW, 

Washington, DC 20581.

• Hand Delivery/Courier: Follow the same instructions as for Mail, above.

Please submit your comments using only one of these methods. Submissions through the 

CFTC Comments Portal are encouraged.

All comments must be submitted in English, or if not, accompanied by an English 

translation. Comments will be posted as received to https://comments.cftc.gov. You 

should submit only information that you wish to make available publicly. If you wish the 

Commission to consider information that you believe is exempt from disclosure under the 

Freedom of Information Act, a petition for confidential treatment of the exempt 

information may be submitted according to the procedures established in § 145.9 of the 

Commission’s regulations.1

 The Commission reserves the right, but shall have no 

obligation, to review, pre-screen, filter, redact, refuse or remove any or all of your 

submission from https://comments.cftc.gov that it may deem to be inappropriate for 

publication, such as obscene language.

FOR FURTHER INFORMATION CONTACT: Robert B. Wasserman, Chief 

Counsel, Division of Clearing and Risk, at 202-418-5092 or rwasserman@cftc.gov, or 

Daniel O’Connell, Special Counsel, Division of Clearing and Risk, at 202-418-5583 or 

doconnell@cftc.gov, at the Commodity Futures Trading Commission, Three Lafayette 

Centre, 1155 21st Street, NW, Washington, DC 20581.

 1 17 CFR 145.9.
3

SUPPLEMENTARY INFORMATION: On April 14, 2023, the Commission 

published in the Federal Register an NPRM proposing to amend the CFTC’s derivatives 

clearing organization (DCO) risk management regulations adopted under section 5b of 

the Commodity Exchange Act to permit futures commission merchants that are clearing 

members to treat the separate accounts of a single customer as accounts of separate 

entities for purposes of Commission regulation § 39.13(g)(8)(iii).2 The proposed 

amendments would add a new paragraph (j) to regulation § 39.13 establishing the 

conditions under which a DCO may permit such separate account treatment. The 

comment period for the NPRM closes on June 13, 2023. As requested by a commenter, 

the Commission is extending the comment period for this NPRM by an additional 17

days.3

 This extension of the comment period will allow interested persons additional 

time to analyze the proposal and prepare their comments.

Issued in Washington, DC, on June 12, 2023, by the Commission.

Christopher Kirkpatrick,

Secretary of the Commission.

NOTE: The following appendix will not appear in the Code of Federal Regulations.

Appendix to Derivatives Clearing Organization Risk Management Regulations To 

Account for the Treatment of Separate Accounts by Futures Commission 

Merchants – Commission Voting Summary

 2 Derivatives Clearing Organization Risk Management Regulations To Account for the Treatment of 

Separate Accounts by Futures Commission Merchants, 88 FR 22934 (Apr. 14, 2023).

3 FIA Letter dated June 9, 2023 to Christopher J. Kirkpatrick.
4

On this matter, Chairman Behnam and Commissioners Johnson, 

Goldsmith Romero, Mersinger, and Pham voted in the affirmative. No Commissioner 

voted in the negative.