Federal Register #2026-22863

CFTC guidance on impartial access requirements for designated contract markets

The Commodity Futures Trading Commission (CFTC) issued interpretive guidance on impartial access to designated contract markets (DCMs). - Government agency: Commodity Futures Trading Commission (CFTC); no sub-agency or office is identified. - Guidance covers Commission Regulation 38.151(b) and DCM access criteria. - DCM access criteria should be clearly defined, published in advance, and applied uniformly based on participants’ financial and operational soundness. - Geographic restrictions on otherwise eligible U.S. market participants are described as inconsistent with the Commodity Exchange Act and CFTC rules. - DCMs are expected to review their access criteria, exchange rules, and intermediary arrangements for compliance. - This is regulatory guidance, not a procurement opportunity; no OEMs, vendors, products, quantities, or part numbers are identified.

Description

The Commodity Futures Trading Commission issued final interpretive guidance on designated contract markets’ impartial access requirements under Commission Regulation 38.151(b). The guidance explains the Commission’s views on how exchanges should select access criteria, including that criteria should be clearly defined, published in advance, and applied uniformly. It also addresses access restrictions based on geographic location and states the Commission’s view that such restrictions are inconsistent with the Commodity Exchange Act and Commission rules. DCMs are expected to evaluate their access criteria, exchange rules, and intermediary access arrangements for compliance.

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