The Commodity Futures Trading Commission has submitted a crypto-market rulemaking to the White House’s Office of Information and Regulatory Affairs, where it is listed as a pending prerule review under RIN 3038-AF80. The OIRA record shows the submission, titled “Regulation Crypto Asset Transactions and Regulation Crypto Asset Markets,” was filed on Sept. 17.
The move puts the CFTC’s initiative into the White House review process while Congress has not advanced the Digital Asset Market CLARITY Act.
CFTC crypto rulemaking enters OIRA prerule review
OIRA lists the measure as a prerule, a procedural designation indicating that the agency is at an early stage of rule development. The public listing identifies the CFTC as the submitting agency and assigns the matter RIN 3038-AF80.
The record does not provide a proposed rule text or set out regulatory requirements for market participants.
Senate’s CLARITY vote preceded the filing
The CFTC submission came two days after the Senate rejected cloture on H.R. 3633, the Digital Asset Market CLARITY Act. The Senate’s cloture record shows the motion failed by a 49–50 vote on Sept. 15.
That sequence leaves the agency’s rulemaking process moving forward administratively after the legislation was unable to clear the procedural vote needed to advance.
Public filing identifies scope, not requirements
The filing identifies two areas: crypto-asset transactions and crypto-asset markets. But the public OIRA entry does not disclose the substance of any potential obligations, according to The Block.
The record shows where the rulemaking stands and the broad areas it covers, but it does not reveal what standards or requirements the CFTC may ultimately propose.
