81_FR_3367 81 FR 3354 - Access to Data Obtained by Security-Based Swap Data Repositories and Exemption From Indemnification Requirement

81 FR 3354 - Access to Data Obtained by Security-Based Swap Data Repositories and Exemption From Indemnification Requirement

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 13 (January 21, 2016)

Page Range3354-3356
FR Document2016-01148

The Securities and Exchange Commission (``Commission'') is reopening the comment period for proposed amendments to rule 13n-4 under the Securities Exchange Act of 1934 (``Exchange Act'') related to regulatory access to security-based swap data held by security-based swap data repositories. The proposed rule amendments would implement Exchange Act provisions that conditionally require that security-based swap data repositories make data available to certain regulators and other authorities. Recent legislation has modified certain underlying statutory provisions.

Federal Register, Volume 81 Issue 13 (Thursday, January 21, 2016)
[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Proposed Rules]
[Pages 3354-3356]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01148]


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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 240

[Release No. 34-76922; File No. S7-15-15]
RIN 3235-AL74


Access to Data Obtained by Security-Based Swap Data Repositories 
and Exemption From Indemnification Requirement

AGENCY: Securities and Exchange Commission.

ACTION: Reopening of comment period.

-----------------------------------------------------------------------

SUMMARY: The Securities and Exchange Commission (``Commission'') is 
reopening the comment period for proposed amendments to rule 13n-4 
under the Securities Exchange Act of 1934 (``Exchange Act'') related to 
regulatory access to security-based swap data held by security-based 
swap data repositories. The proposed rule amendments would implement 
Exchange Act provisions that conditionally require that security-based 
swap data repositories make data available to certain regulators and 
other authorities. Recent legislation has modified certain underlying 
statutory provisions.

DATES: The comment period for the proposed rule published September 14, 
2015, at 80 FR 55182, is reopened. Submit comments on or before 
February 22, 2016.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/proposed.shtml); or
     Send an email to [email protected]. Please include 
File Number S7-15-15 on the subject line; or
     Use the Federal eRulemaking Portal (http://www.regulations.gov). Follow the instructions for submitting comments.

Paper Comments

     Send paper comments to Secretary, Securities and Exchange 
Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number S7-15-15. This file number 
should be included on the subject line if email is used. To help us 
process and review your comments more efficiently, please use only one 
method. The Commission will post all comments on the Commission's 
Internet Web site (http://www.sec.gov/rules/proposed.shtml). Comments 
are also available for Web site viewing and printing in the 
Commission's Public Reference Room, 100 F Street NE., Washington, DC 
20549 on official business days between the hours of 10:00 a.m. and 
3:00 p.m. All comments received will be posted without change; the 
Commission does not edit personal identifying information from 
submissions. You should submit only information that you wish to make 
available publicly.
    Studies, memoranda, or other substantive items may be added by the 
Commission or staff to the comment file during this rulemaking. A 
notification of the inclusion in the comment file of any such materials 
will be made available on the SEC's Web site. To ensure direct 
electronic receipt of such notifications, sign up through the ``Stay 
Connected'' option at www.sec.gov to receive notifications by email.

FOR FURTHER INFORMATION CONTACT: Carol McGee, Assistant Director, 
Joshua Kans, Senior Special Counsel, or Kateryna P. Imus, Special 
Counsel, at (202) 551-5870; Division of Trading and Markets, Securities 
and Exchange

[[Page 3355]]

Commission, 100 F Street NE., Washington, DC 20549-7010.

SUPPLEMENTARY INFORMATION: 

I. Introduction

A. Proposed Rule

    Exchange Act sections 13(n)(5)(G) and (H), which were added by 
Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection 
Act of 2010, conditionally require security-based swap data 
repositories to make data available to certain regulators and other 
entities. The statute identifies certain entities as being eligible to 
access data, and states that the Commission may determine that other 
persons are appropriate to access such data. The statute further 
provides that the Commission must be notified of requests for access, 
and also conditions data access on the security-based swap data 
repository receiving certain confidentiality-related agreements. 
Moreover, under the statute as it was originally enacted in 2010, data 
access was conditional on the recipient entity agreeing to indemnify 
the repository and the Commission for expenses arising from litigation 
relating to the information provided.\1\
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    \1\ See generally Access to Data Obtained by Security-Based Swap 
Data Repositories and Exemption From Indemnification Requirement, 
Exchange Act Release No. 75845 (Sept. 14, 2015), 80 FR 55182 (Sept. 
14, 2015) (``Data Access Proposing Release'').
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    On September 14, 2015, the Commission proposed rules to implement 
those data access provisions.\2\ Key features of the proposal included:
---------------------------------------------------------------------------

    \2\ The proposal built upon two prior Commission proposals to 
implement the data access provisions and to provide an exemption 
from the indemnification requirement. See id. at 55182-84.
---------------------------------------------------------------------------

    (i) Designation of entities that may access data. The proposal 
provided that, in addition to the entities identified by the statute, 
the Federal Reserve Banks and the Office of Financial Research 
(``OFR'') may access data.\3\ The proposal also specified factors and 
conditions that the Commission would consider in making future 
determinations regarding entities eligible to access data and the scope 
of such entities' access to data. In that regard the Commission stated 
that it preliminarily expected that such determination orders 
``typically would incorporate conditions that specify the scope of a 
relevant authority's access to data, and that limit this access in a 
manner that reflects the relevant authority's regulatory mandates or 
legal responsibility or authority.'' \4\
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    \3\ See proposed Exchange Act rule 13n-4(b)(9)(ix).
    \4\ See Data Access Proposing Release, 80 FR 55187-88.
---------------------------------------------------------------------------

    (ii) Confidentiality condition to data access. To implement the 
statutory confidentiality condition, the proposal provided that there 
must be a memorandum of understanding (``MOU'') or other arrangement 
between the Commission and the recipient of data to address the 
confidentiality of the data provided to the recipient.\5\ The 
Commission stated that it expected this approach would help avoid the 
possibility of uneven and potentially inconsistent application of the 
confidentiality condition.\6\
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    \5\ See proposed Exchange Act rule 13n-4(b)(10).
    \6\ See Data Access Proposing Release, 80 FR 55190.
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    (iii) Notification requirement. The proposal provided that a 
security-based swap data repository could satisfy the statutory 
notification requirement by notifying the Commission of the first data 
access request by an entity, and maintaining a record of subsequent 
requests.\7\
---------------------------------------------------------------------------

    \7\ See id. at 55188-89; proposed Exchange Act rule 13n-4(e).
---------------------------------------------------------------------------

    (iv) Indemnification exemption. The proposal included an exemption 
from the indemnification requirement. This exemption would have been 
conditioned, in part, on the information provided relating to ``persons 
or activities within the recipient entity's regulatory mandate, or 
legal responsibility or authority.'' \8\
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    \8\ See proposed Exchange Act rule 13n-4(d). The proposal also 
would require the Commission and the recipient of data to enter into 
an MOU or other arrangement to specify the type of information that 
would fall within this regulatory mandate, or legal responsibility 
or authority. See id.
---------------------------------------------------------------------------

B. Statutory Amendment

    On December 4, 2015, President Obama signed into law Public Law 
114-94, the Surface Transportation Reauthorization and Reform Act of 
2015. This law, among other things, amended the statutory data access 
provisions by eliminating the indemnification requirement discussed 
above.\9\ The law also revised the data access provisions in two other 
ways.\10\
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    \9\ See Public Law 114-94, sec. 86011(c)(2).
    \10\ In part, the statutory revision clarified that the scope of 
the data access provision applies to security-based swap data, not 
all data maintained by the repository. See Public Law 114-94, sec. 
86011(c)(1)(A) (striking ``all'' and adding ``security-based swap'' 
in the introductory part of Exchange Act section 13(n)(5)(G)). That 
focus on security-based swaps already was incorporated into the 
proposal. See proposed Exchange Act rule 13n-4(b)(9).
    The statutory revision also added the term ``other foreign 
authorities'' to the nonexclusive statutory list of entities that 
the Commission may determine appropriate to access data under these 
provisions. See Public Law 114-94, sec. 86011(c)(1)(B). That change 
is consistent with the proposal, which used the term ``including, 
but not limited to'' in the relevant portion of the rule text 
(preceding the specific references to foreign financial supervisors, 
foreign central banks, and foreign ministries). See proposed 
Exchange Act rule 13n-4(b)(9)(x).
---------------------------------------------------------------------------

    The elimination of the indemnification requirement makes 
unnecessary paragraph (d) of proposed rule 13n-4, which would have 
implemented the conditional exemption from the indemnification 
requirement.\11\ The statutory amendments, however, do not affect the 
proposed provisions: (i) Addressing the designation of additional 
entities as being eligible to access data (potentially including the 
Federal Reserve Banks and the OFR); (ii) implementing the 
confidentiality condition to data access; and (iii) implementing the 
statutory notification requirement.
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    \11\ See Data Access Proposing Release, 80 FR at 55211.
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II. Request for Comments

    Commenters are invited to discuss the proposal in light of the 
recent statutory amendments. Commenters particularly are invited to 
address the impact, on the remaining aspects of the proposal, arising 
from the elimination of the proposed indemnification exemption, 
including the exemption's proposed condition limiting access to 
security-based swap data to persons or authorities within a relevant 
authority's regulatory mandate or legal responsibility or authority. 
For example, to what extent should those criteria related to an 
entity's regulatory mandate or legal responsibility and authority be 
used by the Commission as it implements the confidentiality condition 
and/or the Commission's determination authority?
    Commenters further are invited to address whether the use of that 
limitation should vary depending on the type of recipient entity. For 
example, should those criteria be considered exclusively in conjunction 
with recipient authorities not specifically named in the statute, 
including the Federal Reserve Banks and the OFR, or should those 
criteria instead be considered in conjunction with access to data by 
all entities under these provisions? \12\
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    \12\ As noted above, the Commission stated that it preliminarily 
expected that subsequent determination orders under the statute and 
proposed rule ``typically would incorporate conditions that specify 
the scope of a relevant authority's access to data, and that limit 
this access in a manner that reflects the relevant authority's 
regulatory mandates or legal responsibility or authority.''
---------------------------------------------------------------------------

    In addition, commenters are requested to address whether the 
proposal should be revised to address the other statutory changes to 
the data access provisions--such as addition of the term ``other

[[Page 3356]]

foreign authorities'' to the list of entities that the Commission may 
determine appropriate to access data. For example, should the 
Commission revise proposed paragraph (b)(9)(x) of rule 13n-4 to 
specifically note that it may determine that ``other foreign 
authorities'' also may access data pursuant to these provisions?
    Commenters are also invited to address the impact of the statutory 
amendments on the Commission's economic analysis.

    By the Commission.

    Dated: January 15, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-01148 Filed 1-20-16; 8:45 am]
BILLING CODE 8011-01-P



                                                    3354                   Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Proposed Rules

                                                      Issued in Washington, DC, on January 14,              titled Description of Proposed Changes                 authorities. Recent legislation has
                                                    2016.                                                   to ASTM Standard, Rearward Stability)                  modified certain underlying statutory
                                                    Leslie M. Swann,                                        and the briefing package available on                  provisions.
                                                    Acting Manager, Airspace Policy Group.                  the Commission’s Web site correctly
                                                                                                                                                                   DATES: The comment period for the
                                                    [FR Doc. 2016–01211 Filed 1–20–16; 8:45 am]             described and discussed the
                                                                                                                                                                   proposed rule published September 14,
                                                    BILLING CODE 4910–13–P                                  Commission’s proposal to require high
                                                                                                                                                                   2015, at 80 FR 55182, is reopened.
                                                                                                            chairs to have an SI of 50 or more.
                                                                                                                                                                   Submit comments on or before February
                                                                                                            However, the proposed regulatory text
                                                                                                                                                                   22, 2016.
                                                    CONSUMER PRODUCT SAFETY                                 on page 69159 of the NPR misstated the
                                                                                                            proposed requirement as prohibiting                    ADDRESSES: Comments may be
                                                    COMMISSION                                                                                                     submitted by any of the following
                                                                                                            high chairs from having an SI of 50 or
                                                    16 CFR Part 1231                                        more.                                                  methods:
                                                                                                               The Commission hereby makes the                     Electronic Comments
                                                    [Docket No. CPSC–2015–0031]                             following correction to the NPR
                                                                                                            appearing on page 69144 in the Federal                   • Use the Commission’s Internet
                                                    Safety Standard for High Chairs;                                                                               comment form (http://www.sec.gov/
                                                    Correction                                              Register of November 9, 2015:
                                                                                                                                                                   rules/proposed.shtml); or
                                                    AGENCY:  Consumer Product Safety                        § 1231.2    [Corrected]                                  • Send an email to rule-comments@
                                                    Commission.                                             ■ On page 69159, in the third column,                  sec.gov. Please include File Number S7–
                                                    ACTION: Notice of proposed rulemaking;                  in § 1231.2, in paragraph (b)(2), ‘‘6.5.2              15–15 on the subject line; or
                                                    correction.                                             Rearward stability—When tested in                        • Use the Federal eRulemaking Portal
                                                                                                            accordance with 7.7.2.6 (paragraph                     (http://www.regulations.gov). Follow the
                                                    SUMMARY:     The United States Consumer                 (c)(3) of this section), a high chair shall            instructions for submitting comments.
                                                    Product Safety Commission                               not have a Rearward Stability Index of                 Paper Comments
                                                    (‘‘Commission’’ or ‘‘CPSC’’) is correcting              50 or more.’’ is corrected to read ‘‘6.5.2
                                                    a Notice of Proposed Rulemaking                         Rearward stability—When tested in                         • Send paper comments to Secretary,
                                                    (‘‘NPR’’) that appeared in the Federal                  accordance with 7.7.2.6 (paragraph                     Securities and Exchange Commission,
                                                    Register of November 9, 2015 (80 FR                     (c)(3) of this section), a high chair shall            100 F Street NE., Washington, DC
                                                    69144). The document proposed a safety                  have a Rearward Stability Index of 50 or               20549–1090.
                                                    standard for high chairs. The                           more.’’                                                All submissions should refer to File
                                                    Commission is correcting an error in the                  Dated: January 15, 2016.                             Number S7–15–15. This file number
                                                    proposed regulatory text concerning                                                                            should be included on the subject line
                                                                                                            Todd A. Stevenson,
                                                    rearward stability.                                                                                            if email is used. To help us process and
                                                                                                            Secretary, Consumer Product Safety
                                                    DATES: As established in the November                   Commission.                                            review your comments more efficiently,
                                                    9, 2015 NPR, comments on the proposed                   [FR Doc. 2016–01133 Filed 1–20–16; 8:45 am]
                                                                                                                                                                   please use only one method. The
                                                    rule are due by January 25, 2016.                                                                              Commission will post all comments on
                                                                                                            BILLING CODE 6355–01–P
                                                    FOR FURTHER INFORMATION CONTACT:                                                                               the Commission’s Internet Web site
                                                    Stefanie C. Marques, Project Manager,                                                                          (http://www.sec.gov/rules/
                                                    Directorate for Health Sciences, U.S.                                                                          proposed.shtml). Comments are also
                                                                                                            SECURITIES AND EXCHANGE
                                                    Consumer Product Safety Commission,                                                                            available for Web site viewing and
                                                                                                            COMMISSION
                                                    5 Research Place, Rockville, MD 20850;                                                                         printing in the Commission’s Public
                                                    telephone: 301–987–2581; email:                         17 CFR Part 240                                        Reference Room, 100 F Street NE.,
                                                    smarques@cpsc.gov.                                                                                             Washington, DC 20549 on official
                                                                                                            [Release No. 34–76922; File No. S7–15–15]              business days between the hours of
                                                    SUPPLEMENTARY INFORMATION: In the
                                                    Federal Register of November 9, 2015                    RIN 3235–AL74                                          10:00 a.m. and 3:00 p.m. All comments
                                                    (80 FR 69144), the Commission                                                                                  received will be posted without change;
                                                    published an NPR proposing to                           Access to Data Obtained by Security-                   the Commission does not edit personal
                                                    establish a safety standard for high                    Based Swap Data Repositories and                       identifying information from
                                                    chairs pursuant to section 104(b) of the                Exemption From Indemnification                         submissions. You should submit only
                                                    Consumer Product Safety Act of 2008                     Requirement                                            information that you wish to make
                                                    (‘‘CPSIA’’; Pub. L. 110–314, 122 Stat.                                                                         available publicly.
                                                                                                            AGENCY:  Securities and Exchange
                                                    3016). The NPR proposed to incorporate                                                                            Studies, memoranda, or other
                                                                                                            Commission.
                                                    by reference ASTM F404–15, Standard                                                                            substantive items may be added by the
                                                                                                            ACTION: Reopening of comment period.
                                                    Consumer Safety Specification for High                                                                         Commission or staff to the comment file
                                                    Chairs (‘‘ASTM F404–15’’) into 16 CFR                   SUMMARY:   The Securities and Exchange                 during this rulemaking. A notification of
                                                    part 1231 and proposed more stringent                   Commission (‘‘Commission’’) is                         the inclusion in the comment file of any
                                                    requirements than those specified in                    reopening the comment period for                       such materials will be made available
                                                    ASTM F404–15 for rearward stability                     proposed amendments to rule 13n–4                      on the SEC’s Web site. To ensure direct
                                                    and warnings on labels and in                           under the Securities Exchange Act of                   electronic receipt of such notifications,
                                                    instructional literature. The NPR                       1934 (‘‘Exchange Act’’) related to                     sign up through the ‘‘Stay Connected’’
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    contained an error, which the                           regulatory access to security-based swap               option at www.sec.gov to receive
                                                    Commission is now correcting.                           data held by security-based swap data                  notifications by email.
                                                       The correction pertains to proposed                  repositories. The proposed rule                        FOR FURTHER INFORMATION CONTACT:
                                                    16 CFR 1231.2, paragraph (b)(2),                        amendments would implement                             Carol McGee, Assistant Director, Joshua
                                                    regarding the rearward stability index                  Exchange Act provisions that                           Kans, Senior Special Counsel, or
                                                    (‘‘SI’’) the Commission proposed to                     conditionally require that security-based              Kateryna P. Imus, Special Counsel, at
                                                    require for high chairs. The preamble to                swap data repositories make data                       (202) 551–5870; Division of Trading and
                                                    the NPR (page 69151, section VIII.A.,                   available to certain regulators and other              Markets, Securities and Exchange


                                               VerDate Sep<11>2014   15:09 Jan 20, 2016   Jkt 238001   PO 00000   Frm 00014   Fmt 4702   Sfmt 4702   E:\FR\FM\21JAP1.SGM   21JAP1


                                                                           Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Proposed Rules                                                           3355

                                                    Commission, 100 F Street NE.,                              (ii) Confidentiality condition to data                     The elimination of the
                                                    Washington, DC 20549–7010.                              access. To implement the statutory                         indemnification requirement makes
                                                    SUPPLEMENTARY INFORMATION:                              confidentiality condition, the proposal                    unnecessary paragraph (d) of proposed
                                                                                                            provided that there must be a                              rule 13n–4, which would have
                                                    I. Introduction                                         memorandum of understanding                                implemented the conditional exemption
                                                    A. Proposed Rule                                        (‘‘MOU’’) or other arrangement between                     from the indemnification requirement.11
                                                                                                            the Commission and the recipient of                        The statutory amendments, however, do
                                                       Exchange Act sections 13(n)(5)(G) and
                                                                                                            data to address the confidentiality of the                 not affect the proposed provisions: (i)
                                                    (H), which were added by Title VII of                   data provided to the recipient.5 The                       Addressing the designation of
                                                    the Dodd-Frank Wall Street Reform and                   Commission stated that it expected this                    additional entities as being eligible to
                                                    Consumer Protection Act of 2010,                        approach would help avoid the                              access data (potentially including the
                                                    conditionally require security-based                    possibility of uneven and potentially                      Federal Reserve Banks and the OFR); (ii)
                                                    swap data repositories to make data                     inconsistent application of the                            implementing the confidentiality
                                                    available to certain regulators and other               confidentiality condition.6                                condition to data access; and (iii)
                                                    entities. The statute identifies certain                   (iii) Notification requirement. The                     implementing the statutory notification
                                                    entities as being eligible to access data,              proposal provided that a security-based                    requirement.
                                                    and states that the Commission may                      swap data repository could satisfy the
                                                    determine that other persons are                        statutory notification requirement by                      II. Request for Comments
                                                    appropriate to access such data. The                    notifying the Commission of the first                         Commenters are invited to discuss the
                                                    statute further provides that the                       data access request by an entity, and                      proposal in light of the recent statutory
                                                    Commission must be notified of                          maintaining a record of subsequent                         amendments. Commenters particularly
                                                    requests for access, and also conditions                requests.7                                                 are invited to address the impact, on the
                                                    data access on the security-based swap                     (iv) Indemnification exemption. The                     remaining aspects of the proposal,
                                                    data repository receiving certain                       proposal included an exemption from                        arising from the elimination of the
                                                    confidentiality-related agreements.                     the indemnification requirement. This                      proposed indemnification exemption,
                                                    Moreover, under the statute as it was                   exemption would have been                                  including the exemption’s proposed
                                                    originally enacted in 2010, data access                 conditioned, in part, on the information                   condition limiting access to security-
                                                    was conditional on the recipient entity                 provided relating to ‘‘persons or                          based swap data to persons or
                                                    agreeing to indemnify the repository                    activities within the recipient entity’s                   authorities within a relevant authority’s
                                                    and the Commission for expenses                         regulatory mandate, or legal                               regulatory mandate or legal
                                                    arising from litigation relating to the                 responsibility or authority.’’ 8                           responsibility or authority. For example,
                                                    information provided.1                                                                                             to what extent should those criteria
                                                       On September 14, 2015, the                           B. Statutory Amendment
                                                                                                                                                                       related to an entity’s regulatory mandate
                                                    Commission proposed rules to                              On December 4, 2015, President                           or legal responsibility and authority be
                                                    implement those data access                             Obama signed into law Public Law 114–                      used by the Commission as it
                                                    provisions.2 Key features of the proposal               94, the Surface Transportation                             implements the confidentiality
                                                    included:                                               Reauthorization and Reform Act of                          condition and/or the Commission’s
                                                       (i) Designation of entities that may                 2015. This law, among other things,                        determination authority?
                                                    access data. The proposal provided that,                amended the statutory data access                             Commenters further are invited to
                                                    in addition to the entities identified by               provisions by eliminating the                              address whether the use of that
                                                    the statute, the Federal Reserve Banks                  indemnification requirement discussed                      limitation should vary depending on the
                                                    and the Office of Financial Research                    above.9 The law also revised the data                      type of recipient entity. For example,
                                                    (‘‘OFR’’) may access data.3 The proposal                access provisions in two other ways.10                     should those criteria be considered
                                                    also specified factors and conditions                                                                              exclusively in conjunction with
                                                    that the Commission would consider in                     5 See   proposed Exchange Act rule 13n–4(b)(10).         recipient authorities not specifically
                                                    making future determinations regarding                    6 See   Data Access Proposing Release, 80 FR
                                                                                                                                                                       named in the statute, including the
                                                    entities eligible to access data and the                55190.
                                                                                                               7 See id. at 55188–89; proposed Exchange Act rule       Federal Reserve Banks and the OFR, or
                                                    scope of such entities’ access to data. In              13n–4(e).                                                  should those criteria instead be
                                                    that regard the Commission stated that                     8 See proposed Exchange Act rule 13n-4(d). The          considered in conjunction with access
                                                    it preliminarily expected that such                     proposal also would require the Commission and             to data by all entities under these
                                                    determination orders ‘‘typically would                  the recipient of data to enter into an MOU or other
                                                                                                                                                                       provisions? 12
                                                    incorporate conditions that specify the                 arrangement to specify the type of information that
                                                                                                            would fall within this regulatory mandate, or legal           In addition, commenters are requested
                                                    scope of a relevant authority’s access to               responsibility or authority. See id.                       to address whether the proposal should
                                                    data, and that limit this access in a                      9 See Public Law 114–94, sec. 86011(c)(2).
                                                                                                                                                                       be revised to address the other statutory
                                                    manner that reflects the relevant                          10 In part, the statutory revision clarified that the
                                                                                                                                                                       changes to the data access provisions—
                                                    authority’s regulatory mandates or legal                scope of the data access provision applies to
                                                                                                                                                                       such as addition of the term ‘‘other
                                                    responsibility or authority.’’ 4                        security-based swap data, not all data maintained
                                                                                                            by the repository. See Public Law 114–94, sec.
                                                                                                            86011(c)(1)(A) (striking ‘‘all’’ and adding ‘‘security-    specific references to foreign financial supervisors,
                                                      1 See generally Access to Data Obtained by
                                                                                                            based swap’’ in the introductory part of Exchange          foreign central banks, and foreign ministries). See
                                                    Security-Based Swap Data Repositories and               Act section 13(n)(5)(G)). That focus on security-          proposed Exchange Act rule 13n–4(b)(9)(x).
                                                    Exemption From Indemnification Requirement,             based swaps already was incorporated into the                11 See Data Access Proposing Release, 80 FR at
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    Exchange Act Release No. 75845 (Sept. 14, 2015),        proposal. See proposed Exchange Act rule 13n–              55211.
                                                    80 FR 55182 (Sept. 14, 2015) (‘‘Data Access             4(b)(9).                                                     12 As noted above, the Commission stated that it
                                                    Proposing Release’’).                                      The statutory revision also added the term ‘‘other      preliminarily expected that subsequent
                                                      2 The proposal built upon two prior Commission
                                                                                                            foreign authorities’’ to the nonexclusive statutory        determination orders under the statute and
                                                    proposals to implement the data access provisions       list of entities that the Commission may determine         proposed rule ‘‘typically would incorporate
                                                    and to provide an exemption from the                    appropriate to access data under these provisions.         conditions that specify the scope of a relevant
                                                    indemnification requirement. See id. at 55182–84.       See Public Law 114–94, sec. 86011(c)(1)(B). That           authority’s access to data, and that limit this access
                                                      3 See proposed Exchange Act rule 13n–4(b)(9)(ix).
                                                                                                            change is consistent with the proposal, which used         in a manner that reflects the relevant authority’s
                                                      4 See Data Access Proposing Release, 80 FR            the term ‘‘including, but not limited to’’ in the          regulatory mandates or legal responsibility or
                                                    55187–88.                                               relevant portion of the rule text (preceding the           authority.’’



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                                                    3356                   Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Proposed Rules

                                                    foreign authorities’’ to the list of entities           Tax and Trade Bureau, 1310 G Street                    a viticultural area for American wine as
                                                    that the Commission may determine                       NW., Box 12, Washington, DC 20005; or                  a delimited grape-growing region having
                                                    appropriate to access data. For example,                  • Hand delivery/courier in lieu of                   distinguishing features, as described in
                                                    should the Commission revise proposed                   mail: Alcohol and Tobacco Tax and                      part 9 of the regulations, and a name
                                                    paragraph (b)(9)(x) of rule 13n–4 to                    Trade Bureau, 1310 G Street NW., Suite                 and a delineated boundary, as
                                                    specifically note that it may determine                 400, Washington, DC 20005.                             established in part 9 of the regulations.
                                                    that ‘‘other foreign authorities’’ also may               See the Public Participation section of              These designations allow vintners and
                                                    access data pursuant to these                           this notice for specific instructions and              consumers to attribute a given quality,
                                                    provisions?                                             requirements for submitting comments,                  reputation, or other characteristic of a
                                                      Commenters are also invited to                        and for information on how to request                  wine made from grapes grown in an area
                                                    address the impact of the statutory                     a public hearing or view or obtain                     to the wine’s geographic origin. The
                                                    amendments on the Commission’s                          copies of the petition and supporting                  establishment of AVAs allows vintners
                                                    economic analysis.                                      materials.                                             to describe more accurately the origin of
                                                      By the Commission.                                    FOR FURTHER INFORMATION CONTACT:                       their wines to consumers and helps
                                                      Dated: January 15, 2016.                              Karen A. Thornton, Regulations and                     consumers to identify wines they may
                                                    Brent J. Fields,                                        Rulings Division, Alcohol and Tobacco                  purchase. Establishment of an AVA is
                                                    Secretary.                                              Tax and Trade Bureau, 1310 G Street                    neither an approval nor an endorsement
                                                    [FR Doc. 2016–01148 Filed 1–20–16; 8:45 am]
                                                                                                            NW., Box 12, Washington, DC 20005;                     by TTB of the wine produced in that
                                                                                                            phone 202–453–1039, ext. 175.                          area.
                                                    BILLING CODE 8011–01–P
                                                                                                            SUPPLEMENTARY INFORMATION:                             Requirements
                                                                                                            Background on Viticultural Areas                         Section 4.25(e)(2) of the TTB
                                                    DEPARTMENT OF THE TREASURY                                                                                     regulations (27 CFR 4.25(e)(2)) outlines
                                                                                                            TTB Authority
                                                                                                                                                                   the procedure for proposing an AVA
                                                    Alcohol and Tobacco Tax and Trade                          Section 105(e) of the Federal Alcohol               and provides that any interested party
                                                    Bureau                                                  Administration Act (FAA Act), 27                       may petition TTB to establish a grape-
                                                                                                            U.S.C. 205(e), authorizes the Secretary                growing region as an AVA. Section 9.12
                                                    27 CFR Part 9                                           of the Treasury to prescribe regulations               of the TTB regulations (27 CFR 9.12)
                                                    [Docket No. TTB–2016–0002; Notice No.                   for the labeling of wine, distilled spirits,           prescribes the standards for petitions for
                                                    157]                                                    and malt beverages. The FAA Act                        the establishment or modification of
                                                                                                            provides that these regulations should,                AVAs. Petitions to establish an AVA
                                                    RIN 1513–AC23                                           among other things, prohibit consumer                  must include the following:
                                                    Proposed Establishment of the Willcox                   deception and the use of misleading                      • Evidence that the area within the
                                                    Viticultural Area                                       statements on labels and ensure that                   proposed AVA boundary is nationally
                                                                                                            labels provide the consumer with                       or locally known by the AVA name
                                                    AGENCY: Alcohol and Tobacco Tax and                     adequate information as to the identity                specified in the petition;
                                                    Trade Bureau, Treasury.                                 and quality of the product. The Alcohol                  • An explanation of the basis for
                                                    ACTION: Notice of proposed rulemaking.                  and Tobacco Tax and Trade Bureau                       defining the boundary of the proposed
                                                                                                            (TTB) administers the FAA Act                          AVA;
                                                    SUMMARY:   The Alcohol and Tobacco Tax                  pursuant to section 1111(d) of the                       • A narrative description of the
                                                    and Trade Bureau (TTB) proposes to                      Homeland Security Act of 2002,                         features of the proposed AVA affecting
                                                    establish the approximately 526,000-                    codified at 6 U.S.C. 531(d). The                       viticulture, such as climate, geology,
                                                    acre ‘‘Willcox’’ viticultural area in                   Secretary has delegated various                        soils, physical features, and elevation,
                                                    portions of Cochise and Graham                          authorities through Treasury                           that make the proposed AVA distinctive
                                                    Counties in southeastern Arizona. The                   Department Order 120–01 (dated                         and distinguish it from adjacent areas
                                                    proposed viticultural area does not lie                 December 10, 2013, superseding                         outside the proposed AVA boundary;
                                                    within, nor does it contain, any other                  Treasury Order 120–01 (Revised),                         • The appropriate United States
                                                    established viticultural area. TTB                      ‘‘Alcohol and Tobacco Tax and Trade                    Geological Survey (USGS) map(s)
                                                    designates viticultural areas to allow                  Bureau,’’ dated January 24, 2003), to the              showing the location of the proposed
                                                    vintners to better describe the origin of               TTB Administrator to perform the                       AVA, with the boundary of the
                                                    their wines and to allow consumers to                   functions and duties in the                            proposed AVA clearly drawn thereon;
                                                    better identify wines they may                          administration and enforcement of this                 and
                                                    purchase. TTB invites comments on this                  law.                                                     • A detailed narrative description of
                                                    proposed addition to its regulations.                      Part 4 of the TTB regulations (27 CFR               the proposed AVA boundary based on
                                                    DATES: Comments must be received by                     part 4) authorizes TTB to establish                    USGS map markings.
                                                    March 21, 2016.                                         definitive viticultural areas and regulate
                                                                                                                                                                   Willcox Petition
                                                    ADDRESSES: Please send your comments                    the use of their names as appellations of
                                                    on this proposed rule to one of the                     origin on wine labels and in wine                        TTB received a petition from Paul S.
                                                    following addresses (please note that                   advertisements. Part 9 of the TTB                      Hagar, the special projects manager of
                                                    TTB has a new address for comments                      regulations (27 CFR part 9) sets forth                 Dragoon Mountain Vineyard, on behalf
                                                    submitted by U.S. mail):                                                                                       of Dragoon Mountain Vineyard and
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                                                                            standards for the preparation and
                                                       • Internet: http://www.regulations.gov               submission of petitions for the                        other vineyard and winery owners in
                                                    (via the online comment form for this                   establishment or modification of                       Willcox, Arizona, proposing the
                                                    proposed rule as posted within Docket                   American viticultural areas (AVAs) and                 establishment of the ‘‘Willcox’’ AVA in
                                                    No. TTB–2016–0002 at                                    lists the approved AVAs.                               southeastern Arizona. The proposed
                                                    ‘‘Regulations.gov,’’ the Federal e-                                                                            AVA contains approximately 526,000
                                                    rulemaking portal);                                     Definition                                             acres and has 21 commercial vineyards,
                                                       • U.S. Mail: Director, Regulations and                 Section 4.25(e)(1)(i) of the TTB                     covering approximately 454 acres,
                                                    Rulings Division, Alcohol and Tobacco                   regulations (27 CFR 4.25(e)(1)(i)) defines             distributed across the proposed AVA.


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Document Created: 2018-02-02 12:33:58
Document Modified: 2018-02-02 12:33:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionReopening of comment period.
DatesThe comment period for the proposed rule published September 14, 2015, at 80 FR 55182, is reopened. Submit comments on or before February 22, 2016.
ContactCarol McGee, Assistant Director, Joshua Kans, Senior Special Counsel, or Kateryna P. Imus, Special Counsel, at (202) 551-5870; Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-7010.
FR Citation81 FR 3354 
RIN Number3235-AL74

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