Statement of Commissioner Dan M. Berkovitz on Proposed Rule to Amend Rulemaking Procedures

September 16, 2019

I concur in issuing for public comment the proposed rulemaking to amend part 13 of the Commission’s regulations.  Part 13 established procedures for undertaking rulemakings by the Commission.  As noted in the release, the provisions of part 13 that would be eliminated overlap with the provisions of the Administrative Procedure Act (“APA”) that the Commission also follows in its rulemaking process.  Notably, the procedures for the public to petition the Commission currently in part 13 would remain.

This rulemaking provides us with an opportunity to request comment from the public on improving the Commission’s rulemaking process.  Section 2(a)(12) of the Commodity Exchange Act authorizes the Commission to promulgate regulations governing the Commission’s procedures.  I encourage the public to submit comments recommending procedures the Commission could adopt to enhance the transparency and effectiveness of our rulemaking process and the opportunities for the public to comment. 

I also strongly support adding a web page to the CFTC’s web site that explains in plain language the Commission’s rulemaking process and how stakeholders and the general public can play an important role through the statutorily mandated notice and comment process.  It is important for government to serve the people by being transparent about the procedures we use to make our rulemaking process transparent.