
TL;DR — The CFTC proposed amending § 37.3(a)(2) to drop the order book mandate for permitted transactions on SEFs, citing rare usage by participants. Chairman Selig called it minimal effective regulation under a principles-based framework. Comments open for 30 days after Federal Register publication.
SCCG Take — SEFs stand to gain direct resource flexibility and room to test alternative execution methods, trimming compliance costs in swaps markets where order books add little value.
The Commodity Futures Trading Commission published a Notice of Proposed Rulemaking to amend Commission regulation § 37.3(a)(2). The amendment would remove the order book requirement, permitting swap execution facilities to forgo offering an order book when handling permitted transactions.
The Commission noted that order books for permitted transactions have seen minimal adoption. Market participants have rarely used them for swaps trading on SEFs, despite the facilities making order books available for all listed swaps.
Chairman Michael S. Selig said, “Today’s action continues the agency’s commitment to prescribing the minimum effective dose of regulation for market participants. By removing excessive requirements from our rulebook, the Commission is remaining true to its principles-based regulatory approach.”
Selig’s remarks position the change as consistent with prior CFTC efforts to limit regulatory overhead where data shows limited utility.
The proposed rule would give SEFs greater flexibility to allocate resources as they see fit. It could also encourage development of execution methods better matched to the specific products SEFs list for trading.
Comments on the proposal will be accepted for 30 days following publication in the Federal Register, according to the CFTC press release. The agency has not specified any additional compliance timelines or thresholds in the notice.
Reporting: CFTC Press Releases
Generated by SCCG’s automated editorial system from published source reporting. SCCG Management holds editorial responsibility.
We track regulatory streamlining across derivatives and swaps markets because it reshapes compliance cost structures and opens the door to new execution models. SEFs handling permitted transactions can now redirect capital and engineering talent away from unused infrastructure toward methods traders actually want—exactly the kind of efficiency that creates competitive edge.
SCCG angle: SCCG works with platforms across derivatives, crypto, and traditional finance navigating cross-border compliance and execution infrastructure. When regs shift like this, we connect operators to the legal, tech, and market-structure advisors who turn regulatory flexibility into competitive product roadmaps—fast.
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