CFTC Commissioners proposed revisions to CFTC Public Rulemaking
Procedures ("Part 13 Amendments") in its "Final Rule
on Public Rulemaking." The amended procedures would do away
with Part 13 regulations "that set forth the procedure for the
formulation, amendment, or repeal of rules or regulations." As
stated in the proposed regulation, "because the Administrative
Procedure Act ("APA") governs the Commission's
rulemaking process, the Commission believes that it is unnecessary
to codify the rulemaking process in a Commission regulation. Part
13, as amended, will be comprised solely of the procedure for
filing petitions for rulemakings as the APA does not address this
process."
In addition, Commissioner Dan M. Berkovitz supported adding a web page to the CFTC
website explaining how stakeholders and the general public can
contribute to the rulemaking process through the statutorily
mandated notice and the comment process.
