CFTC, USDA, and FCC Advance Rules on Crypto Markets, Forest Review, and Network Resilience

CFTC: Advanced Rulemaking on Crypto Asset Transactions and Markets

The Commodity Futures Trading Commission is issuing an advanced notice of proposed rulemaking (ANPRM) under section 2(c)(2)(D) of the Commodity Exchange Act, signaling its intent to develop a comprehensive regulatory framework for transactions and markets in crypto assets. The Commission defines "crypto asset" in the notice as "any digital representation of value that is recorded on a cryptographically-secured distributed ledger," and notes that any such asset — other than a "payment stablecoin" issued by a "permitted payment stablecoin issuer" as defined in the GENIUS Act — could meet the definition of "commodity" under the Act.

The notice describes the proposed framework as "fit-for-purpose rules" covering retail commodity transactions in crypto assets, referred to throughout the document as "Crypto Asset Transactions" or "CTXs." According to the ANPRM, the proposals are designed to further the Act's purposes, including "protecting retail customers from market abuses" while fostering "responsible innovation" and "fair competition" among Commission-registered boards of trade, other markets, and market participants. The Commission traces its jurisdictional authority to Congress's grant of exclusive jurisdiction over transactions subject to the Act, and cites the markets it oversees as "affected with a national public interest" because they facilitate risk management and price discovery "through trading in liquid, fair and financially secure trading facilities."

The document also clarifies terminology central to the framework: "onchain" refers to transactions or data processed and recorded directly on a blockchain or similar system, while "offchain" refers to transactions or data processed and recorded outside such a system. The ANPRM touches on affected regulations at 17 CFR parts 1, 38, and 39. Public comments must be received on or before December 14, 2026.

USDA Forest Service: Final Rule Streamlines National Forest Project Objections

The U.S. Department of Agriculture is issuing a final rule amending its Project-Level Predecisional Administrative Review Process regulations at 36 CFR part 218, which govern how the public may file objections to proposed projects and activities implementing land management plans on national forests and grasslands. The rule is effective November 12, 2026.

The document traces the rule's origins through several decades of statutory development. The Appeals Reform Act of 1992 established a notice-and-comment and postdecisional appeal process for certain project decisions. In 2003, section 105 of the Healthy Forests Restoration Act directed the Secretary of Agriculture to establish a predecisional administrative review process for authorized hazardous fuel reduction projects. Section 428 of the Consolidated Appropriations Act of 2012 extended that framework to all projects and activities implementing land management plans and documented with a decision notice or record of decision. Section 431 of the Consolidated Appropriations Act of 2014 further exempted categorically excluded projects and activities from predecisional objection — a statutory direction the final rule now incorporates into the regulatory text.

The agency identifies two primary drivers for this rulemaking. First, the Council on Environmental Quality rescinded its NEPA regulations, effective April 11, 2025, and USDA subsequently issued updated NEPA procedures at 7 CFR part 1b while rescinding Forest Service NEPA implementing regulations at 36 CFR 220. Because the objection process applies to proposed actions subject to NEPA, the agency states these changes necessitate aligning 36 CFR part 218 with the current framework. Second, the agency cites practical inefficiencies: under existing rules, the comment and objection processes add "at a minimum, 120 to 150 days for review of an EA and finding of no significant impact (FONSI) and 135 to 165 days for review of an environmental impact statement (EIS) and record of decision (ROD)," not counting additional time for the responsible official to respond to any instructions from the objection reviewing officer.

To address these issues, the final rule reduces time periods for review, standardizes procedures for Healthy Forests Restoration Act and non-HFRA projects, modernizes public notification by transitioning from outdated publication methods to web-based notification, removes references to decision notices for environmental assessments, and clarifies the authorities of the Secretary and Under Secretary to keep decision-making processes flexible and legally sound.

FCC: Petition Filed Challenging Network Resilience Rules

The Federal Communications Commission has received a petition for reconsideration filed by Thomas Goode on behalf of the Alliance for Telecommunications Industry Solutions in a Commission rulemaking proceeding. The petition concerns PS Docket Nos. 21-346 and 15-80 and ET Docket No. 04-35, captioned as "Resilient Networks; Amendments to Part 4 of the Commission's Rules Concerning Disruptions to Communications; New Part 4 of the Commission's Rules Concerning Disruptions to Communications," affecting 47 CFR part 4. The Commission released its summary of the petition, Report No. 3236, on September 23, 2026.

The FCC notes that it will not send a Congressional Review Act submission to Congress or the Government Accountability Office because no new rules are being adopted by the Commission in this proceeding. The number of petitions filed is 1.

What to Watch

• October 29, 2026: Deadline for oppositions to the Alliance for Telecommunications Industry Solutions petition at the FCC.
• November 9, 2026: Deadline for replies to oppositions to the FCC petition.
• November 12, 2026: USDA Forest Service final rule on predecisional administrative review takes effect.
• December 14, 2026: Deadline for public comments on the CFTC's crypto asset ANPRM.

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