3038-AE44 201804 Unified Agenda of Federal Regulatory and Deregulatory Actions 3038 Commodity Futures Trading Commission CFTC Indemnification Rulemaking

The FAST Act repealed CEA 21(d)(2), added to the CEA by Dodd-Frank 728, which provided that domestic and foreign regulators that are otherwise eligible to, and that do, request data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).

]]> Substantive, Nonsignificant Previously Published in The Unified Agenda Final Rule Stage No No Independent agency 17 CFR 49 7 U.S.C. 12a and 24a No NPRM 01/25/2017 82 FR 8369 NPRM Comment Period End 03/27/2017 Final Rule 05/00/2018 Final Action Effective 07/00/2018 Yes Businesses Organizations Federal No No Yes Yes Daniel Bucsa J. Deputy Director, Division of Market Oversight 3038 Commodity Futures Trading Commission CFTC 202 418-5435 dbucsa@cftc.gov Three Lafayette Centre, 1155 21st Street NW, Washington DC 20581 David Aron E. Special Counsel, Division of Market Oversight 3038 Commodity Futures Trading Commission CFTC 202 418-6621 daron@cftc.gov Three Lafayette Centre, 1155 21st Street NW, Washington DC 20581 Owen Kopon Special Counsel, Division of Market Oversight 3038 Commodity Futures Trading Commission CFTC 202 418-5360 okopon@cftc.gov Three Lafayette Centre, 1155 21st Street NW, Washington DC 20581