SEC Crypto Asset Issuance Rule Proposal Enters 60-Day Comment Period

The Commodity Futures Trading Commission on August 21, 2026 published an Advanced Notice of Proposed Rulemaking seeking public comment on a regulatory framework for crypto asset transactions and crypto asset markets, according to the agency's Release Number 9307-26. The ANPRM concerns section 2(c)(2)(D) of the Commodity Exchange Act and retail commodity transactions involving crypto assets, which the release calls 'CTXs.' Chairman Michael S. Selig framed the action as a step toward keeping America 'the crypto capital of the world.' Comments must be in writing and received within 60 days of the ANPRM's publication in the Federal Register, and will be posted on Regulations.gov. Separately, the Federal Reserve Board announced it will extend until November 4 the comment period on its Regulation O proposal, originally due October 5.

Background

The CFTC release describes the ANPRM as notice of, and a request for comment regarding, the agency's intent to establish a comprehensive regulatory framework of fit-for-purpose rules concerning section 2(c)(2)(D) of the Commodity Exchange Act and retail commodity transactions described thereunder involving crypto assets. Chairman Selig said the action is 'a critical step in the CFTC's ongoing efforts to ensure America remains the crypto capital of the world,' adding that the American people deserve clarity, certainty and consumer protections in crypto asset markets. He said the Commission's announcement begins a process of new rulemakings grounded in the CEA's purpose and in President Trump's directive to propose a federal crypto asset regulatory market structure using the CFTC's existing statutory authorities. Selig also said the Commission will take every necessary step to establish regulations designed to prevent, rather than only prosecute after the fact, fraudulent schemes such as FTX. The release notes the Commission's experience overseeing aspects of crypto asset markets since 2014. The Federal Reserve Board item is unrelated in subject: it concerns Regulation O, the rule governing extension of credit by a bank to its insiders, meaning bank executives, board members and major shareholders who could potentially influence a bank's lending decisions. The Board said it extended that comment period to allow interested parties more time to analyze the issues and prepare their comments.

What happened

According to the CFTC's Release Number 9307-26, the Commission published an Advanced Notice of Proposed Rulemaking to provide notice of, and seek public comment regarding, its intent to establish a comprehensive regulatory framework comprised of fit-for-purpose rules concerning section 2(c)(2)(D) of the Commodity Exchange Act and retail commodity transactions described thereunder involving crypto assets, which the release terms 'CTXs.' The release states that the ANPRM solicits comment on the manners in which the Commission can prevent abusive practices in crypto asset markets and CTXs under a uniform national regime; provide market participants with crypto asset-specific contextual information concerning certain requirements and practices commonly accepted in the industry and found, based on the Commission's experience overseeing aspects of crypto asset markets since 2014, to represent industry best practices for compliance with regulatory requirements attaching to CTXs; and codify through rulemaking a subcategory of designated contract market registration, known as a crypto asset market, purpose-built specifically for CTXs. The release states the Commission intends to use the information and comments received to inform potential future agency action, such as a rulemaking, with respect to section 2(c)(2)(D) and CTXs. It states comments must be in writing and received within 60 days of the ANPRM's publication in the Federal Register, and that comments received will be posted on Regulations.gov. Chairman Selig is quoted on the action. Separately, the Federal Reserve Board announced Friday that it will extend until November 4 the comment period on its proposal to modernize Regulation O, with comments originally due by October 5; the Board said the extension allows interested parties more time to analyze the issues and prepare their comments.

Market impact

Neither source contains any price, trading volume, fund flow, market capitalization or other market data for crypto assets or any other instrument. The only figures present are dates and deadlines. The CFTC release states that comments must be in writing and received within 60 days of the ANPRM's publication in the Federal Register, and that comments received will be posted on Regulations.gov. The release carries Release Number 9307-26 and is dated October 05, 2026 in its text, while the article's date line is 2026-08-21; the sources do not reconcile this. The release also references the Commission's experience overseeing aspects of crypto asset markets since 2014, and cites section 2(c)(2)(D) of the Commodity Exchange Act. The Federal Reserve Board release states the comment period on its Regulation O proposal will be extended until November 4, with comments originally due by October 5, and gives a release time of 4:00 p.m. EDT. No figures on the number of comments expected, the size of any affected market, or the economic cost of either proposal appear in the sources. DeFi Intel cannot report flows or prices from these documents because none are stated.

Why it matters

The CFTC release supports several consequences. First, it opens a formal public-comment window: comments must be received within 60 days of Federal Register publication and will be posted on Regulations.gov, giving industry participants and others a documented channel to shape the framework. Second, the release states the Commission intends to use the information and comments received to inform potential future agency action, such as a rulemaking, with respect to section 2(c)(2)(D) and CTXs, so the ANPRM is a precursor rather than a final rule. Third, the release identifies specific subjects for comment, including preventing abusive practices under a uniform national regime, providing crypto asset-specific contextual information on industry best practices, and codifying a designated contract market subcategory called a crypto asset market purpose-built for CTXs. Fourth, Chairman Selig ties the effort to President Trump's directive to propose a federal crypto asset regulatory market structure using the CFTC's existing statutory authorities, and to preventing fraudulent schemes such as FTX rather than only prosecuting after the fact. The Federal Reserve Board item is separate: it extends the Regulation O comment period to November 4 so interested parties can analyze the issues and prepare comments.