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CFTC RIN: 3038-AE27 Publication ID: Spring 2016 
Title: Response to Court-Ordered Remand of Certain Swaps-Related Rulemakings 
Abstract:

The Commodity Futures Trading Commission is responding to the order of the United States District Court for the District of Columbia in Securities Industry and Financial Markets Association, et al. v. United States Commodity Futures Trading Commission remanding eight swaps-related rulemakings to the Commission to address what the court held to be inadequacies in the Commission’s consideration of costs and benefits, or its explanation of its consideration of costs and benefits, in those rulemakings.  The Commission's initial response:  (1) Supplemented the preambles to the remanded rulemakings by clarifying that the costs and benefits identified therein applied both to domestic swaps activities and activities outside the United States that are subject to the Commission’s swaps rules by operation of section 2(i) of the Commodity Exchange Act; and (2) solicited comments on whether there are cross-border costs or benefits associated with the remanded rules that differ from those associated with activities within the United States.  Following its review of the comments received, the Commission will publish a further response to the District Court remand order which would include any supplementation of or changes to its consideration of the costs and benefits of the relevant rules as set forth in the rule preambles.  The Commission will also consider whether to amend any of these rules in light of information developed in this process.

 
Agency: Commodity Futures Trading Commission(CFTC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 17 CFR 1    17 CFR 3    17 CFR 23    17 CFR 37    17 CFR 43    17 CFR 45    17 CFR 46    17 CFR 170   
Legal Authority: 7 U.S.C. 1a, 2, 6r, 6s, 7b-3, 24a   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Response to Remand Order and Request for Comments  03/10/2015  80 FR 12555   
Comment Period End  05/11/2015 
Further Response to Remand Order  06/00/2016 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No 
Agency Contact:
Martin B. White
Assistant General Counsel, Office of General Counsel
Commodity Futures Trading Commission
Three Lafayette Centre, 1155 21st Street, NW.,
Washington, DC 20581
Phone:202 418-5129
Email: mwhite@cftc.gov