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CFTC RIN: 3038-AE57 Publication ID: Fall 2022 
Title: Revisions to Freedom of Information Act Regulations 

The Commodity Futures Trading Commission (Commission) issued an Interim Final Rule (IFR) to revise certain provisions of its regulations for disclosing records under the Freedom of Information Act (FOIA) to comply with the FOIA Improvement Act of 2016. The revised regulations streamline the language of procedural provisions concerning initial determinations and administrative appeals. The regulations were also updated to incorporate changes in the Commission’s administrative structure, remove superfluous verbiage, and correct inaccurate text. The regulations, as revised by the IFR, have been in effect for five years without any issues. Three comments were received in response to the IFR. Staff determined all three comments were outside the scope of the IFR, such that no further rulemaking action was required. In light of this, the rulemaking contemplated by the IFR has been completed. Further technical and conforming updates to the Commission’s FOIA regulations, beyond the scope of the IFR, will be addressed in a separate rulemaking action.

Agency: Commodity Futures Trading Commission(CFTC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 17 CFR 145   
Legal Authority: Pub. L. 114-185, 130 Stat. 538 (June 30, 2016)   
Legal Deadline:
Action Source Description Date
Final  Statutory    01/27/2016 

Overall Description of Deadline: The FOIA Improvement Act of 2016 required agencies to issue regulations establishing procedures consistent with the amendments made by the Act.

Action Date FR Cite
Interim Final Rule  06/20/2017  82 FR 28001   
Interim Final Rule Effective  07/20/2017 
Interim Final Rule Comment Period End  08/21/2017 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Rosemary Killoy
Assistant General Counsel - FOIA, Office of the General Counsel
Commodity Futures Trading Commission
Three Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581
Phone:202 418-5912