2020-02320: Position Limits for Derivatives

Summary

The Commodity Futures Trading Commission ("Commission" or "CFTC") is proposing amendments to regulations concerning speculative position limits to conform to the Wall Street Transparency and Accountability Act of 2010 ("Dodd-Frank Act") amendments to the Commodity Exchange Act ("CEA" or "Act"). Among other amendments, the Commission proposes new and amended federal spot month limits for 25 physical commodity derivatives; amended single month and all-months- combined limits for most of the agricultural contracts currently subject to federal limits; new and amended definitions for use throughout the position limits regulations, including a revised definition of "bona fide hedging transactions or positions" and a new definition of "economically equivalent swaps"; amended rules governing exchange-set limit levels and grants of exemptions therefrom; a new streamlined process for bona fide hedging recognitions for purposes of federal limits; new enumerated hedges; and amendments to certain regulatory provisions that would eliminate Form 204, enabling the Commission to leverage cash-market reporting submitted directly to the exchanges.

The agency’s own summary, as published.

What this changes

Amends 8 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

• 17 CFR 1 General Regulations Under the Commodity Exchange Act
• 17 CFR 15 Reports—General Provisions
• 17 CFR 17 Reports by Reporting Markets, Futures Commission Merchants, Clearing Members, and Foreign Brokers
• 17 CFR 19 Reports by Persons Holding Reportable Positions in Excess of Position Limits, and by Merchants and Dealers in Cotton
• 17 CFR 40 Provisions Common to Registered Entities
• 17 CFR 140 Organization, Functions, and Procedures of the Commission
• 17 CFR 150 Limits on Positions
• 17 CFR 151 Part 151 [Reserved]