Markets
BTC— —
ETH— —
SOL— —
XRP— —
BNB— —
ADA— —
DOGE— —
MCap— —
BTC— —
ETH— —
SOL— —
XRP— —
BNB— —
ADA— —
DOGE— —
MCap— —
Policy

CFTC Crypto Rules Reached the White House Two Days After CLARITY Failed

RIN 3038-AF80 arrived at OIRA on September 17 under a title naming two regulations, crypto asset transactions and crypto asset markets. The rule has never appeared in a Unified Agenda, so no abstract, timetable or text exists publicly.

By MiningPool Staff··4 min read
CFTC Crypto Rules Reached the White House Two Days After CLARITY Failed

Key Points

  • RIN 3038-AF80 arrived at OIRA on September 17 under a title naming two regulations, crypto asset transactions and crypto asset markets.
  • The rule has never appeared in a Unified Agenda, so no abstract, timetable or text exists publicly.

The CFTC sent its crypto market rules to the White House on Thursday, two days after the Senate refused to open debate on the bill that was supposed to write them into law. The Office of Information and Regulatory Affairs lists the submission under RIN 3038-AF80, received September 17 and marked pending review, with the title "Regulation Crypto Asset Transactions and Regulation Crypto Asset Markets".

That title describes two regulations rather than one, and it matches the structure the agency's chairman sketched out in August. Michael Selig said then that the approach "could enable current registrants as well as non-registrant crypto exchanges to be designated by the CFTC as a type of DCM known as a crypto asset market and offer crypto asset trading on a leveraged or margined basis subject to purpose-fit rules under the CFTC's regulatory oversight". A designated contract market is the CFTC's existing category for a regulated exchange. Selig's version would add a crypto variant of it rather than build a separate regime.

Nobody outside the agency and the White House can read the rules. The submission has no public text, and it has no abstract either: the rule's own page on the federal regulatory site returns a single line, "This rule has not been published in a Unified Agenda." The Unified Agenda is the twice-yearly list on which agencies preview what they intend to write, with a summary, a legal authority and a timetable for each entry. RIN 3038-AF80 has never appeared on one. The CFTC declined to comment on the rulemaking when The Block asked.

Advertisement

728×90

Executive Order 12866 gives the White House up to 90 days to review a draft rule, with a single 30-day extension available. CoinDesk reported that this filing is marked as not economically significant, which is the designation that usually moves a review along faster; the search listing reachable from outside does not display that field, so the timing rests on that reporting rather than on the docket. Review clears a draft; it does not publish one. Any text still has to be issued by the Commission before it reaches the Federal Register.

This is now the normal route. The SEC put its custody rule through the same process in August, and MiningPool noted at the time that nobody outside the agency had seen it either. What has changed is the reason. Until Tuesday the agencies were writing rules alongside a market structure bill that would have given them new authority; since Tuesday they are writing rules instead of one.

The Senate's cloture vote on the CLARITY Act drew 49 votes to 50, eleven short of the 60 needed to begin formal debate. The bill would have set a statutory division of crypto oversight between the CFTC and the SEC. A rule written under existing authority cannot do that. It can only arrange what the CFTC already has, which is jurisdiction over commodity derivatives and over fraud and manipulation in spot commodity markets, and it leaves the boundary with the SEC where the two agencies find it.

The difference matters for how durable the result is. A statute survives a change of administration and binds both agencies at once. A rule can be repealed by the agency that wrote it, struck down in court, or reversed under the Congressional Review Act, and it binds only the agency that issued it. Selig is taking the route that is available rather than the one that would settle the question.

The agency is not idle on the product side while this sits at the White House. Coinbase Derivatives filed on Friday to list perpetual futures on individual US stocks as security futures, a category the CFTC shares with the SEC, and Hyperliquid's policy arm spent August pressing both regulators to treat equity perpetuals that way. Those filings are being handled under the rules that exist. The package at the White House is about what replaces them.

What the submission actually contains is not established by anything public. The docket gives a RIN, a title, a receipt date and a status. It does not say whether the Commission has approved the text, whether the rules would arrive as a proposal or as an earlier-stage notice, what comment period they would carry, or when any of it would take effect. Coverage that lays out dates for a comment period and a final rule is projecting from the ordinary path of a rulemaking, not reading the filing.

The listing shows no concluded date and no final action. Under the order's outer limits, a review that started on September 17 and ran its full course with the extension would finish in mid-January 2027.

MiningPool content is intended for information and educational purposes only and does not constitute financial, investment, or legal advice.

Advertisement

728×90

Related Stories

Utah Charged Kalshi and Its Two Founders With 13 Felony Counts
Policy

A 14th count is a misdemeanor, and the case rests on a state investigator who opened an account on September 13 and placed about a dozen bets over 11 days. Utah is the second state to charge the exchange criminally, a day after the CFTC sued Utah to stop it from enforcing.

·MiningPool Staff
Utah Is the Tenth State the CFTC Has Sued Over Prediction Markets
Policy

The agency filed for declaratory and injunctive relief after Utah sued Kalshi in state court, calling the platform a public nuisance. By the commission's own count it has now begun proceedings against ten states and filed briefs in four federal courts of appeal and one state supreme court.

·MiningPool Staff
The CFTC Turned CME's Own Volume Data Against Its Perpetuals Suit
Policy

The agency's reply brief reproduces CME's monthly crypto futures volumes and puts the net change since the May order at 621,570 contracts. It also quotes CME's chief executive telling investors the exchange has not launched perpetuals because customers are not asking for them.

·MiningPool Staff
Blockchain Association Wants DeFi Out of Treasury's Stablecoin Rule
Policy

The trade group filed on the closing day of Treasury's comment period and asked it to confirm that liquidity pools, validators and self-custody software are not digital asset service providers. It also wants exchanges to rely on the Comptroller's public registry rather than investigate foreign stablecoin issuers themselves.

·MiningPool Staff
A Bill Would Delay Korea's Crypto Tax Until Data Sharing Begins
Policy

Bill 2221923, introduced Friday by Park Min-gyu and 13 co-sponsors, would replace the January 1, 2027 start date with the second year after Korea first exchanges crypto transaction data under the OECD framework. The government has announced no postponement.

·MiningPool Staff
Crypto.com and Novig Sued Missouri as Four Others Held Back
Policy

North American Derivatives Exchange and Novig both asked federal judges on October 16 to stop Missouri from enforcing its gambling laws against sports event contracts. Kalshi, Polymarket, Robinhood and Underdog received the same order and have not filed.

·MiningPool Staff

Stay informed

Verifiable crypto journalism, delivered to your inbox.

Weekday mornings. No hype. No financial advice. Just what happened and why it matters.

No spam. Unsubscribe anytime. Read our privacy policy.