82_FR_56396 82 FR 56169 - Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants; Correction

82 FR 56169 - Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants; Correction

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 82, Issue 227 (November 28, 2017)

Page Range56169-56170
FR Document2017-25627

The Commodity Futures Trading Commission (CFTC or Commission) is correcting a final rule published in the Federal Register on January 6, 2016. The rule, concerning margin requirements for uncleared swaps for swap dealers and major swap participants, took effect on April 1, 2016. This correction rectifies errors in cross-references in a particular section of the final rule.

Federal Register, Volume 82 Issue 227 (Tuesday, November 28, 2017)
[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Rules and Regulations]
[Pages 56169-56170]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25627]


=======================================================================
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COMMODITY FUTURES TRADING COMMISSION

17 CFR Part 23

RIN 3038-AC97


Margin Requirements for Uncleared Swaps for Swap Dealers and 
Major Swap Participants; Correction

AGENCY: Commodity Futures Trading Commission.

ACTION: Correcting amendments.

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

SUMMARY: The Commodity Futures Trading Commission (CFTC or Commission) 
is correcting a final rule published in the Federal Register on January 
6, 2016. The rule, concerning margin requirements for uncleared swaps 
for swap dealers and major swap participants, took effect on April 1, 
2016. This correction rectifies errors in cross-references in a 
particular section of the final rule.

DATES: Effective on November 28, 2017.

FOR FURTHER INFORMATION CONTACT: Thomas Smith, Deputy Director, 202-
418-5495, [email protected], or Mark Bretscher, Attorney-Advisor, 312-
596-0529, [email protected], Division of Swap Dealer and Intermediary 
Oversight, Commodity Futures Trading Commission, Three Lafayette 
Centre, 1155 21st Street NW., Washington, DC 20581.

SUPPLEMENTARY INFORMATION: In the Federal Register of January 6, 2016 
(81 FR 636), the CFTC published final rules adopting new regulations to 
implement a particular provision of the Commodity Exchange Act (CEA), 
as added by the Dodd-Frank Wall Street Reform and Consumer Protection 
Act (Dodd-Frank Act).\1\ This provision requires the Commission to 
adopt initial and variation margin requirements for certain swap 
dealers and major swap participants. In implementing the regulations, 
staff has discovered cross-reference errors in Sec.  23.156 of the 
regulations. As published, 17 CFR 23.156(a)(3) includes erroneous 
cross-references to 17 CFR 23.156(a)(1)(iv). Instead, the cross-
references should be to 17 CFR 23.156(a)(1)(v). Accordingly, the 
Commission is making a correcting amendment to 17 CFR 23.156(a)(3) that 
removes the erroneous cross-references to 17 CFR 23.156(a)(1)(iv) and 
replaces them with corrected cross-references to 17 CFR 
23.156(a)(1)(v).
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    \1\ See Dodd-Frank Wall Street Reform and Consumer Protection 
Act, Public Law 111-203, 124 Stat. 1376 (2010).
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List of Subjects in 17 CFR Part 23

    Swaps, Swap dealers, Major swap participants, Capital and margin 
requirements.

    Accordingly, 17 CFR part 23 is corrected by making the following 
correcting amendments:

PART 23--SWAP DEALERS AND MAJOR SWAP PARTICIPANTS

0
1. The authority citation for part 23 continues to read as follows:

    Authority: 7 U.S.C. 1a, 2, 6, 6a, 6b, 6b-1, 6c, 6p, 6r, 6s, 6t, 
9, 9a, 12, 12a, 13b, 13c, 16a, 18, 19, 21.

0
2. In Sec.  23.156, revise paragraph (a)(3)(i)(B) to read as follows:


Sec.  23.156  Forms of margin.

    (a) * * *
    (3) * * *
    (i) * * *
    (B) The discounts set forth in the following table:

                      Standardized Haircut Schedule
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Cash in same currency as swap obligation................             0.0
Eligible government and related debt (e.g., central                  0.5
 bank, multilateral development bank, GSE securities
 identified in paragraph (a)(1)(v) of this section):
 Residual maturity less than one-year...................
Eligible government and related debt (e.g., central                  2.0
 bank, multilateral development bank, GSE securities
 identified in paragraph (a)(1)(v) of this section):
 Residual maturity between one and five years...........
Eligible government and related debt (e.g., central                  4.0
 bank, multilateral development bank, GSE securities
 identified in paragraph (a)(1)(v) of this section):
 Residual maturity greater than five years..............
Eligible corporate debt (including eligible GSE debt                 1.0
 securities not identified in paragraph (a)(1)(v) of
 this section): Residual maturity less than one-year....
Eligible corporate debt (including eligible GSE debt                 4.0
 securities not identified in paragraph (a)(1)(v) of
 this section): Residual maturity between one and five
 years..................................................
Eligible corporate debt (including eligible GSE debt                 8.0
 securities not identified in paragraph (a)(1)(v) of
 this section): Residual maturity greater than five
 years..................................................
Equities included in S&P 500 or related index...........            15.0
Equities included in S&P 1500 Composite or related index            25.0
 but not S&P 500 or related index.......................
Gold....................................................            15.0
Additional (additive) haircut on asset in which the                  8.0
 currency of the swap obligation differs from that of
 the collateral asset...................................
------------------------------------------------------------------------


[[Page 56170]]

* * * * *

    Issued in Washington, DC, on November 21, 2017, by the 
Commission.
Christopher J. Kirkpatrick,
Secretary of the Commission.

    Note: The following appendix will not appear in the Code of 
Federal Regulations.

Appendix to Margin Requirements for Uncleared Swaps for Swap Dealers 
and Major Swap Participants; Correction--Commission Voting Summary

    On this matter, Chairman Giancarlo and Commissioners Quintenz 
and Behnam voted in the affirmative. No Commissioner voted in the 
negative.

[FR Doc. 2017-25627 Filed 11-27-17; 8:45 am]
 BILLING CODE 6351-01-P



                                                                         Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Rules and Regulations                                                                                                                              56169

                                                § 39.13         [Amended]                                                                COMMODITY FUTURES TRADING                                                                variation margin requirements for
                                                ■ 2. The FAA amends § 39.13 by                                                           COMMISSION                                                                               certain swap dealers and major swap
                                                removing Airworthiness Directive (AD)                                                                                                                                             participants. In implementing the
                                                2017–01–06, Amendment 39–18773 (82                                                       17 CFR Part 23                                                                           regulations, staff has discovered cross-
                                                FR 4773, January 17, 2017), and adding                                                   RIN 3038–AC97                                                                            reference errors in § 23.156 of the
                                                the following new AD:                                                                                                                                                             regulations. As published, 17 CFR
                                                2017–24–03 Airbus: Amendment 39–19107;                                                   Margin Requirements for Uncleared                                                        23.156(a)(3) includes erroneous cross-
                                                    Docket No. FAA–2017–0690; Product                                                    Swaps for Swap Dealers and Major                                                         references to 17 CFR 23.156(a)(1)(iv).
                                                    Identifier 2017–NM–061–AD.                                                           Swap Participants; Correction                                                            Instead, the cross-references should be
                                                (a) Effective Date                                                                       AGENCY:  Commodity Futures Trading                                                       to 17 CFR 23.156(a)(1)(v). Accordingly,
                                                  This rescission is effective January 2, 2018.                                          Commission.                                                                              the Commission is making a correcting
                                                                                                                                                                                                                                  amendment to 17 CFR 23.156(a)(3) that
                                                (b) Affected AD                                                                          ACTION: Correcting amendments.
                                                                                                                                                                                                                                  removes the erroneous cross-references
                                                  This action removes AD 2017–01–06,                                                     SUMMARY:   The Commodity Futures                                                         to 17 CFR 23.156(a)(1)(iv) and replaces
                                                Amendment 39–18773 (82 FR 4773, January                                                  Trading Commission (CFTC or                                                              them with corrected cross-references to
                                                17, 2017).
                                                                                                                                         Commission) is correcting a final rule                                                   17 CFR 23.156(a)(1)(v).
                                                (c) Applicability                                                                        published in the Federal Register on
                                                                                                                                         January 6, 2016. The rule, concerning                                                    List of Subjects in 17 CFR Part 23
                                                   This action applies to Airbus Model A319–
                                                115, A319–132, A320–214, A320–232, A321–                                                 margin requirements for uncleared                                                          Swaps, Swap dealers, Major swap
                                                211, A321–213, and A321–231 airplanes,                                                   swaps for swap dealers and major swap
                                                certificated in any category, as identified in                                                                                                                                    participants, Capital and margin
                                                                                                                                         participants, took effect on April 1,                                                    requirements.
                                                Airbus Service Bulletin A320–52–1167,
                                                                                                                                         2016. This correction rectifies errors in
                                                dated August 6, 2015.
                                                                                                                                         cross-references in a particular section                                                   Accordingly, 17 CFR part 23 is
                                                (d) Related Information                                                                  of the final rule.                                                                       corrected by making the following
                                                  (1) Refer to Mandatory Continuing                                                      DATES: Effective on November 28, 2017.                                                   correcting amendments:
                                                Airworthiness Information (MCAI) AD 2015–
                                                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                                0234–CN, dated April 28, 2017, for related                                                                                                                                        PART 23—SWAP DEALERS AND
                                                information. This MCAI may be found in the                                               Thomas Smith, Deputy Director, 202–
                                                                                                                                                                                                                                  MAJOR SWAP PARTICIPANTS
                                                AD docket on the Internet at http://                                                     418–5495, tsmith@cftc.gov, or Mark
                                                www.regulations.gov by searching for and                                                 Bretscher, Attorney-Advisor, 312–596–
                                                locating Docket No. FAA–2017–0690.                                                       0529, mbretscher@cftc.gov, Division of                                                   ■ 1. The authority citation for part 23
                                                  (2) For more information about this AD,                                                Swap Dealer and Intermediary                                                             continues to read as follows:
                                                contact Sanjay Ralhan, Aerospace Engineer,                                               Oversight, Commodity Futures Trading                                                       Authority: 7 U.S.C. 1a, 2, 6, 6a, 6b, 6b–1,
                                                International Section, Transport Standards
                                                                                                                                         Commission, Three Lafayette Centre,                                                      6c, 6p, 6r, 6s, 6t, 9, 9a, 12, 12a, 13b, 13c, 16a,
                                                Branch, FAA, 1601 Lind Avenue SW.,
                                                Renton, WA 98057–3356; telephone 425–                                                    1155 21st Street NW., Washington, DC                                                     18, 19, 21.
                                                227–1405; fax 425–227–1149.                                                              20581.
                                                                                                                                                                                                                                  ■ 2. In § 23.156, revise paragraph
                                                                                                                                         SUPPLEMENTARY INFORMATION: In the
                                                (e) Material Incorporated by Reference                                                                                                                                            (a)(3)(i)(B) to read as follows:
                                                                                                                                         Federal Register of January 6, 2016 (81
                                                   None.                                                                                 FR 636), the CFTC published final rules                                                  § 23.156           Forms of margin.
                                                  Issued in Renton, Washington, on                                                       adopting new regulations to implement
                                                November 15, 2017.                                                                       a particular provision of the Commodity                                                    (a) * * *
                                                Jeffrey E. Duven,                                                                        Exchange Act (CEA), as added by the                                                        (3) * * *
                                                Director, System Oversight Division, Aircraft                                            Dodd-Frank Wall Street Reform and                                                          (i) * * *
                                                Certification Service.                                                                   Consumer Protection Act (Dodd-Frank
                                                [FR Doc. 2017–25253 Filed 11–27–17; 8:45 am]                                             Act).1 This provision requires the                                                         (B) The discounts set forth in the
                                                BILLING CODE 4910–13–P                                                                   Commission to adopt initial and                                                          following table:

                                                                                                                                             STANDARDIZED HAIRCUT SCHEDULE
                                                Cash in same currency as swap obligation ..........................................................................................................................................................................                               0.0
                                                Eligible government and related debt (e.g., central bank, multilateral development bank, GSE securities identified in paragraph (a)(1)(v) of this sec-
                                                   tion): Residual maturity less than one-year ......................................................................................................................................................................                             0.5
                                                Eligible government and related debt (e.g., central bank, multilateral development bank, GSE securities identified in paragraph (a)(1)(v) of this sec-
                                                   tion): Residual maturity between one and five years ........................................................................................................................................................                                   2.0
                                                Eligible government and related debt (e.g., central bank, multilateral development bank, GSE securities identified in paragraph (a)(1)(v) of this sec-
                                                   tion): Residual maturity greater than five years ................................................................................................................................................................                              4.0
                                                Eligible corporate debt (including eligible GSE debt securities not identified in paragraph (a)(1)(v) of this section): Residual maturity less than one-
                                                   year ....................................................................................................................................................................................................................................      1.0
                                                Eligible corporate debt (including eligible GSE debt securities not identified in paragraph (a)(1)(v) of this section): Residual maturity between one and
                                                   five years ...........................................................................................................................................................................................................................         4.0
                                                Eligible corporate debt (including eligible GSE debt securities not identified in paragraph (a)(1)(v) of this section): Residual maturity greater than five
                                                   years ..................................................................................................................................................................................................................................       8.0
                                                Equities included in S&P 500 or related index .....................................................................................................................................................................                              15.0
                                                Equities included in S&P 1500 Composite or related index but not S&P 500 or related index ..........................................................................................                                                             25.0
jstallworth on DSKBBY8HB2PROD with RULES




                                                Gold .......................................................................................................................................................................................................................................     15.0
                                                Additional (additive) haircut on asset in which the currency of the swap obligation differs from that of the collateral asset .............................................                                                                       8.0




                                                  1 See Dodd-Frank Wall Street Reform and

                                                Consumer Protection Act, Public Law 111–203, 124
                                                Stat. 1376 (2010).

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                                                56170            Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Rules and Regulations

                                                *      *     *       *      *                           rulemaking, call or email Petty Officer               IV. Discussion of the Rule
                                                  Issued in Washington, DC, on November                 Amanda Boone, Waterways                                  This rule establishes a safety zone
                                                21, 2017, by the Commission.                            Management Branch, U.S. Coast Guard                   from 5:00 a.m. to 7:00 p.m., Monday
                                                Christopher J. Kirkpatrick,                             Sector Delaware Bay; telephone (215)                  through Sunday, from November 21,
                                                Secretary of the Commission.                            271–4889, email Amanda.N.Boone@                       2017 through December 8, 2017. The
                                                                                                        uscg.mil.                                             safety zone will cover all navigable
                                                  Note: The following appendix will not
                                                appear in the Code of Federal Regulations.              SUPPLEMENTARY INFORMATION:                            waters within 250 yards of vessels and
                                                                                                                                                              machinery being used by personnel to
                                                Appendix to Margin Requirements for                     I. Table of Abbreviations                             conduct diving and pipe removal
                                                Uncleared Swaps for Swap Dealers and                    CFR Code of Federal Regulations                       operations. There are three sections of
                                                Major Swap Participants; Correction—                    COTP Captain of the Port                              pipeline that will be removed. The first
                                                Commission Voting Summary                               DHS Department of Homeland Security                   two sections of pipeline to be removed
                                                                                                        FR Federal Register                                   are in Anchorage No. 7, Marcus Hook
                                                  On this matter, Chairman Giancarlo and                NPRM Notice of proposed rulemaking                    Anchorage, in the Delaware River.
                                                Commissioners Quintenz and Behnam voted                 § Section                                             During removal of these sections of
                                                in the affirmative. No Commissioner voted in            U.S.C. United States Code                             pipeline, the safety zone will restrict
                                                the negative.
                                                                                                                                                              vessels from anchoring in the lower
                                                [FR Doc. 2017–25627 Filed 11–27–17; 8:45 am]            II. Background Information and
                                                                                                                                                              portion of Anchorage No. 7. During
                                                BILLING CODE 6351–01–P                                  Regulatory History
                                                                                                                                                              removal of the third section of pipeline,
                                                                                                           The Coast Guard is issuing this                    operations will be conducted within the
                                                                                                        temporary rule without prior notice and               main navigational channel and vessels
                                                DEPARTMENT OF HOMELAND                                  opportunity to comment pursuant to                    will be required to transit through the
                                                SECURITY                                                authority under section 4(a) of the                   lower portion of Anchorage No. 7.
                                                                                                        Administrative Procedure Act (APA) (5                    No vessel or person will be permitted
                                                Coast Guard                                                                                                   to enter the safety zone without
                                                                                                        U.S.C. 553(b)). This provision
                                                                                                        authorizes an agency to issue a rule                  obtaining permission from the COTP or
                                                33 CFR Part 165                                                                                               a designated representative. Vessels
                                                                                                        without prior notice and opportunity to
                                                [Docket Number USCG–2017–1053]                          comment when the agency for good                      wishing to transit the safety zone in the
                                                RIN 1625–AA00                                           cause finds that those procedures are                 main navigational channel may do so if
                                                                                                        ‘‘impracticable, unnecessary, or contrary             they can make satisfactory passing
                                                Safety Zone; Delaware River, Pipeline                   to the public interest.’’ Under 5 U.S.C.              arrangements with the towing vessel
                                                Removal, Marcus Hook, PA                                553(b)(B), the Coast Guard finds that                 JOKER in accordance with the
                                                                                                        good cause exists for not publishing a                Navigational Rules in 33 CFR
                                                AGENCY:     Coast Guard, DHS.                                                                                 subchapter E via VHF–FM channel 13 or
                                                                                                        notice of proposed rulemaking (NPRM)
                                                ACTION:    Temporary final rule.                        with respect to this rule because                     80 at least 1 hour, as well as 30 minutes,
                                                                                                        notification of this pipeline removal                 prior to arrival to arrange safe passage.
                                                SUMMARY:   The Coast Guard is
                                                                                                        project was not given to the Coast Guard              If vessels are unable to make satisfactory
                                                establishing a temporary safety zone for
                                                                                                        until November 15, 2017. It is                        passing arrangements with the towing
                                                navigable waters within a 250-yard
                                                radius of Commerce Construction                         impracticable to publish an NPRM                      vessel JOKER, they may request
                                                vessels and machinery conducting                        because we must establish this safety                 permission from the COTP, or his
                                                diving and pipeline removal operations                  zone by November 21, 2017.                            designated representative, on VHF–FM
                                                in the Delaware River, in the vicinity of                                                                     channel 16. All vessels must operate at
                                                                                                           Under 5 U.S.C. 553(d)(3), the Coast
                                                Anchorage 7, near Marcus Hook, PA.                                                                            the minimum safe speed necessary to
                                                                                                        Guard finds that good cause exists for
                                                The safety zone is needed to protect                                                                          maintain steerage and reduce wake. The
                                                                                                        making this rule effective less than 30
                                                personnel, vessels, and the marine                                                                            Coast Guard will issue a Broadcast
                                                                                                        days after publication in the Federal
                                                environment from potential hazards                                                                            Notice to Mariners via VHF–FM marine
                                                                                                        Register. Delaying the effective date of
                                                created by diving and pipeline removal                                                                        channel 16, Local Notice to Mariners,
                                                                                                        this rule would be impracticable
                                                operations. Entry of vessels or persons                                                                       and Marine Safety Information Bulletin
                                                                                                        because immediate action is needed to
                                                into this zone is prohibited unless                                                                           further defining specific work locations
                                                                                                        address the potential safety hazards
                                                specifically authorized by the Captain of                                                                     and traffic patterns.
                                                                                                        associated with diving and pipeline
                                                the Port Delaware Bay.                                  removal operations.                                   V. Regulatory Analyses
                                                DATES: This rule is effective without                                                                           We developed this rule after
                                                                                                        III. Legal Authority and Need for Rule
                                                actual notice from November 28, 2017                                                                          considering numerous statutes and
                                                through December 8, 2017. For the                         The Coast Guard is issuing this rule                Executive orders related to rulemaking.
                                                purposes of enforcement, actual notice                  under authority in 33 U.S.C. 1231. The                Below we summarize our analyses
                                                will be used from November 21, 2017                     Captain of the Port Delaware Bay has                  based on a number of these statutes and
                                                through November 28, 2017.                              determined that potential hazards                     Executive orders, and we discuss First
                                                ADDRESSES: To view documents                            associated with diving and pipe removal               Amendment rights of protestors.
                                                mentioned in this preamble as being                     operations starting November 21, 2017,
                                                available in the docket, go to http://                  will be a safety concern for anyone                   A. Regulatory Planning and Review
jstallworth on DSKBBY8HB2PROD with RULES




                                                www.regulations.gov, type USCG–2017–                    within a 250-yard radius of diving and                   Executive Orders 12866 and 13563
                                                1053 in the ‘‘SEARCH’’ box and click                    pipe removal vessels and machinery.                   direct agencies to assess the costs and
                                                ‘‘SEARCH.’’ Click on Open Docket                        This rule is needed to protect personnel,             benefits of available regulatory
                                                Folder on the line associated with this                 vessels, and the marine environment in                alternatives and, if regulation is
                                                rule.                                                   the navigable waters within the safety                necessary, to select regulatory
                                                FOR FURTHER INFORMATION CONTACT: If                     zone while the operations are being                   approaches that maximize net benefits.
                                                you have questions about this                           conducted.                                            Executive Order 13771 directs agencies


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Document Created: 2017-11-28 01:51:02
Document Modified: 2017-11-28 01:51:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionCorrecting amendments.
DatesEffective on November 28, 2017.
ContactThomas Smith, Deputy Director, 202- 418-5495, [email protected], or Mark Bretscher, Attorney-Advisor, 312- 596-0529, [email protected], Division of Swap Dealer and Intermediary Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581.
FR Citation82 FR 56169 
RIN Number3038-AC97
CFR AssociatedSwaps; Swap Dealers; Major Swap Participants and Capital and Margin Requirements

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