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CFTC RIN: 3038-AE44 Publication ID: Fall 2016 
Title: ●Indemnification Rulemaking 
Abstract:

The FAST Act repealed CEA 21(d)(2), added to the CEA by Dodd-Frank 728, which provided that domestic and foreign regulators that are otherwise eligible to, and that do, request data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 plans to address these issues in a notice of proposed rulemaking (NPRM) that revises the current approach to Regulators’ access to SDRs’ swap data and set forth more information regarding the confidentiality agreement that is required by CEA 21(d).

 
Agency: Commodity Futures Trading Commission(CFTC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 17 CFR 49   
Legal Authority: CEA 8a(5) and 21   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/00/2016 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal 
Small Entities Affected: Businesses, Organizations  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: 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

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