Joint Request for Comment on Further Definition of “Swap” and “Security-Based Swap” and on Alternative Compliance

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Commodity Futures Trading Commission 17 CFR Part 1 RIN 3038-AF71 Securities and Exchange Commission 17 CFR Parts 230, 240, and 241 [Release No. 33-11424; 34-105735; File No. S7-2026-21] RIN 3235-AN79 AGENCY: Commodity Futures Trading Commission; Securities and Exchange Commission. ACTION: Joint request for comment. SUMMARY: The Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) (together, the “Commissions”) request public comment on potential ways to draw clearer regulatory lines with respect to innovative products that may implicate both SEC and CFTC regulatory interests. The Commissions also request public comment on potential approaches to enable alternative compliance. DATES: Comments must be received on or before August 24, 2026. ADDRESSES: Comments may be submitted by any of the following methods: CFTC Comment Submission You may submit comments, specifically referencing “Joint Request for Comment on Further Definition of `Swap' and `Security-Based Swap' and on Alternative Compliance” and RIN 3038-AF71, by any of the following methods: Regulations.gov: Go to https://www.regulations.gov and press the “Search” button, then proceed as follows: ( printed page 37874) 1. Under Refine Documents Results—check the box to “Only show documents open for comment”; 2. Under Agency—select “See More” and check the box for “Commodity Futures …