16672 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations 

1See 17 CFR 145.9. 

2Public Law 111–203, 124 Stat. 1376 (2010). 

3 7 U.S.C. 1 et seq. 

(2) Any Person to whom such 

information is disclosed, whether or not 

such Person is certified under this part, 

who further discloses or uses such 

information as described in paragraphs 

(a)(1)(i) through (iv) of this section shall 

pay to the General Fund of the United 

States Department of the Treasury a 

penalty of $1,000 for each such 

disclosure or use. 

(b) Limitation on Penalty. The total 

amount of the penalty imposed under 

this part on any Person for any calendar 

year shall not exceed $250,000. 

§ 1110.201 Audits. 

Any Person certified under this part 

shall, as a condition of certification, 

agree to be subject to audit by NTIS to 

determine the compliance by such 

Person with the requirements of this 

part. NTIS may conduct periodic and 

unscheduled audits of the systems, 

facilities, and procedures of any 

Certified Person relating to such 

Certified Person’s access to, and use and 

distribution of, Limited Access DMF, 

during regular business hours. 

Subpart D—Fees 

§ 1110.300 Fees. 

Fees for the costs associated with 

evaluating applications for certification 

of Certified Persons under this part are 

as follows: 

Processing of Certification Form 

and maintenance of Registry of 

Certified Persons ...................... $200.00 

[FR Doc. 2014–06701 Filed 3–25–14; 8:45 am] 

BILLING CODE 3510–04–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 49 

RIN 3038–AE14 

Swap Data Repositories—Access to 

SDR Data by Market Participants 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Interim final rule; request for 

comment. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) is adopting an interim final 

rule to clarify the scope of permissible 

access by market participants to swap 

data and information maintained by a 

registered swap data repository (‘‘SDR’’). 

Specifically, the interim final rule 

clarifies that, for a swap that is executed 

anonymously on a swap execution 

facility or designated contract market, 

and then cleared in accordance with the 

Commission’s straight-through 

processing requirements, the data and 

information maintained by a registered 

SDR that may be accessed by either 

counterparty to the swap does not 

include the identity of the other 

counterparty to the swap, the identity of 

the other counterparty’s clearing 

member for the swap, or such 

counterparty’s or clearing member’s 

legal entity identifier. 

DATES: Effective date: This interim final 

rule is effective March 26, 2014. 

Comment date: Comments on this 

interim final rule must be submitted on 

or before April 25, 2014. 

ADDRESSES: You may submit comments, 

identified by RIN number 3038–AE14, 

by any of the following methods: 

• Agency Web site—via Comments 

Online process: http://

comments.cftc.gov. Follow the 

instructions for submitting comments 

through the Web site. 

• Mail: Melissa D. Jurgens, Secretary 

of the Commission, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street NW., 

Washington, DC 20581. 

• Hand delivery/courier: Same as 

Mail, above. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

through the portal. 

Please submit your comments using 

only one method. 

All comments must be submitted in 

English, or if not, accompanied by an 

English translation. Comments will be 

posted as received to http://

www.cftc.gov. You should submit only 

information that you wish to make 

available publicly. If you wish the 

Commission to consider information 

that you believe is exempt from 

disclosure under the Freedom of 

Information Act, a petition for 

confidential treatment of the exempt 

information may be submitted according 

to the procedures established in § 145.9 

of the Commission’s regulations.1

The Commission reserves the right, 

but shall have no obligation, to review, 

pre-screen, filter, redact, refuse, or 

remove any or all of your submission 

from http://www.cftc.gov that it may 

deem to be inappropriate for 

publication, such as obscene language. 

All submissions that have been redacted 

or removed that contain comments on 

the merits of this action will be retained 

in the public comment file and will be 

considered as required under the 

Administrative Procedure Act and other 

applicable laws, and may be accessible 

under the Freedom of Information Act. 

FOR FURTHER INFORMATION CONTACT: 

Nora Flood, Attorney Advisor, (202) 

418–5354, nflood@cftc.gov, or Laurie 

Gussow, Special Counsel, (202) 418– 

7623, lgussow@cftc.gov, Division of 

Market Oversight, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street NW., 

Washington, DC 20581. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

A. Dodd-Frank Act Section 728; CEA 

Section 21 

B. Access to SDR Data by Market 

Participants 

II. Scope of Permissible Access to SDR Data 

and Information by Counterparties to 

Anonymously Executed, Cleared Swaps 

A. Discussion 

B. Amendment to 17 CFR 49.17(f)(2) 

III. Request for Comment on Interim Final 

Rule 

IV. Related Matters 

A. Administrative Procedure Act 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Cost Benefit Considerations 

I. Background 

A. Dodd-Frank Act Section 728; CEA 

Section 21 

On July 21, 2010, President Obama 

signed into law the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act (‘‘Dodd-Frank Act’’).2 Title VII of 

the Dodd-Frank Act amended the 

Commodity Exchange Act (‘‘CEA’’ or 

‘‘Act’’) 3 to establish a comprehensive 

new regulatory framework for swaps. 

The legislation was enacted to reduce 

systemic risk, increase transparency, 

and promote market integrity within the 

financial system by, among other things: 

(1) Providing for the registration and 

comprehensive regulation of swap 

dealers and major swap participants; (2) 

imposing clearing and trade execution 

requirements on standardized derivative 

products; (3) creating a rigorous 

recordkeeping and data reporting regime 

with respect to swaps, including realtime public reporting; and (4) enhancing 

the Commission’s rulemaking and 

enforcement authorities over all 

registered entities, intermediaries and 

swap counterparties subject to the 

Commission’s oversight. 

Section 728 of the Dodd-Frank Act 

added new section 21 to the CEA, 

establishing swap data repositories, or 

‘‘SDRs’’, as a new category of 

Commission registered entity. The SDR 


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Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations 16673 

4Section 2(a)(13)(G) of the CEA, added by section 

727 of the Dodd-Frank Act, requires all swaps— 

whether cleared or uncleared—to be reported to a 

registered SDR. 

5Section 21(c)(6) of the CEA. 

6Section 21(h) of the CEA. 

7Swap Data Repositories, 75 FR 80897 (Dec. 23, 

2010). 

8Swap Data Repositories: Registration Standards, 

Duties and Core Principles, 76 FR 54538 (Sept. 1, 

2011). 

9Proposed § 49.17(f)(1) provided that ‘‘[a]ccess of 

swap data maintained by the registered swap data 

repository to market participants is generally 

prohibited.’’ The exception set forth at proposed 

§ 49.17(f)(2) provided that ‘‘[d]ata and information 

maintained by the registered swap data repository 

may be accessed by market participants if the 

specific data was originally submitted by such 

party.’’ 75 FR at 80932. 

10See discussion in the preamble to the Final 

SDR Rules of comments received from the 

American Benefits Council and the Committee on 

the Investment of Employee Benefit Assets, and 

from the Global Foreign Exchange Division formed 

in cooperation with the Association for Financial 

Markets in Europe, the Securities Industry and 

Financial Markets Association and the Asia 

Securities Industry and Financial Markets 

Association, each indicating that proposed 

§ 49.17(f) should be modified to allow both 

counterparties to a swap to access data and 

information maintained at an SDR for that swap. 76 

FR 54555. 

11 76 FR 54555. 

12See 17 CFR 1.74, 23.610 and 39.12(b)(7), which 

set forth rules governing the timeframe for 

submitting a trade to, and subsequent acceptance of 

the trade by, a derivatives clearing organization. 

13Part 45 of the Commission’s regulations, 77 FR 

2136 (January 13, 2012), which establishes swap 

data recordkeeping and reporting requirements, 

provides in § 45.6 that each counterparty to any 

swap subject to the jurisdiction of the Commission 

must be identified in all recordkeeping and swap 

data reporting required under part 45 by means of 

a single legal entity identifier, or ‘‘LEI’’, issued 

pursuant to Commission rules. Part 46 of the 

Commission’s regulations, 77 FR 35200 (June 12, 

2012), which establishes swap data recordkeeping 

and reporting requirements for ‘‘pre-enactment 

swaps’’ and ‘‘transition swaps’’ (each as defined in 

part 46), provides in § 46.4 that each counterparty 

to a pre-enactment swap or transition swap in 

existence on or after April 25, 2011, must obtain an 

LEI, which must be used for purposes of swap data 

recordkeeping and reporting as prescribed in § 46.4. 

The Commission is a participant in an 

international process, now led by an international 

Regulatory Oversight Committee (‘‘ROC’’) of which 

the Commission is a member, to establish a global 

LEI system. In response to requests from other 

international financial regulators participating in 

this process, the Commission is, on a transitional 

basis, referring to the identifier designated for use 

in recordkeeping and reporting pursuant to part 45 

and part 46 as the CFTC Interim Compliant 

Identifier (‘‘CICI’’). See Availability of a Legal Entity 

Identifier Meeting the Requirements of the 

Regulations of the Commodity Futures Trading 

Commission and Designation of Provider of Legal 

Entity Identifiers to be Used in the Recordkeeping 

and Swap Data Reporting, 77 FR 53780 (September 

4, 2012), as amended by Amended Order 

Designating the Provider of Legal Entity Identifiers 

to Be Used in Recordkeeping and Swap Data 

Reporting Pursuant to the Commission’s 

Regulations, 78 FR 38954 (June 28, 2013) (the 

‘‘Amended Designation Order’’). 

The global LEI system is currently in the process 

of becoming operational, with the ROC already in 

place, a number of pre-Local Operating Units (‘‘preLOUs’’) already endorsed by the ROC, and a Central 

Operating Unit (‘‘COU’’) in the process of being 

established. The ROC now refers to the identifiers 

issued by the various endorsed pre-LOUs, including 

the CICI, as ‘‘pre-LEIs’’. Since specified conditions 

set forth in the Amended Designation Order have 

now been satisfied, any ROC-endorsed pre-LEI may 

Continued 

category was established to enhance 

transparency, promote standardization, 

and reduce systemic risk by facilitating 

the collection and maintenance of swap 

transaction data and information, and 

making such data and information 

directly and electronically available to 

regulators.4 New CEA section 21 

addresses the registration and regulation 

of SDRs and sets forth duties and core 

principles with which an SDR must 

comply in order to register and maintain 

registration. One of those duties, set 

forth in CEA section 21(c)(6), is that an 

SDR ‘‘maintain the privacy of any and 

all swap transaction information that [it] 

receives from a swap dealer, 

counterparty, or any other registered 

entity.’’ 5

Section 21 also directs the 

Commission to adopt rules governing 

registered SDRs.6 On December 23, 

2010, the Commission published in the 

Federal Register a notice of proposed 

rulemaking (‘‘NPRM’’) to implement the 

provisions of CEA section 21.7 After 

reviewing the public comments received 

on the NPRM, the Commission adopted 

final SDR rules as 17 CFR part 49, 

published in the Federal Register on 

September 1, 2011 (‘‘Final SDR 

Rules’’).8

B. Access to SDR Data by Market 

Participants 

The Final SDR Rules contain certain 

provisions addressing access to the data 

and information reported to and 

maintained by a registered SDR. Privacy 

and confidentiality requirements 

applicable to registered SDRs are set 

forth in § 49.16, and access to SDR data 

is addressed in § 49.17. 

Access to SDR data by market 

participants is directly addressed in 

§ 49.17(f). In the NPRM, the 

Commission proposed § 49.17(f) to 

generally prohibit access by a market 

participant to swap data maintained by 

a registered SDR unless, pursuant to an 

exception set forth in § 49.17(f)(2), the 

specific data was originally submitted 

by such market participant.9 Based on 

comments received on the NPRM,10 the 

Commission adopted final § 49.17(f) 

largely as proposed, but with a revision 

to the exception in § 49.17(f)(2) to 

provide that data and information 

related to a particular swap may be 

accessed by either counterparty to the 

swap. 

Final § 49.17(f)(1) provides that 

‘‘[a]ccess of swap data maintained by 

the registered swap data repository to 

market participants is generally 

prohibited.’’ Final § 49.17(f)(2) provides 

that ‘‘[d]ata and information related to a 

particular swap that is maintained by 

the registered swap data repository may 

be accessed by either counterparty to 

that particular swap.’’ As noted in the 

preamble to the Final SDR Rules, ‘‘[t]he 

underlying basis for this regulation was 

to maintain the privacy and 

confidentiality of the reported data 

while also limiting potential access to 

reported swap data to the rightful 

parties to a swap.’’ 11

II. Scope of Permissible Access to SDR 

Data and Information by 

Counterparties to Anonymously 

Executed, Cleared Swaps 

A. Discussion 

Pursuant to § 49.17(f)(1), access by 

market participants to swap data 

maintained by a registered SDR is 

generally prohibited. An exception to 

this general prohibition is set forth at 

§ 49.17(f)(2), which provides that data 

and information related to a particular 

swap may be accessed by either 

counterparty to the swap. 

The exception provided in 

§ 49.17(f)(2) must be read with reference 

to the CEA; as a matter of construction, 

the exception must fall within the 

bounds of statutory requirements. The 

exception provided in § 49.17(f)(2) thus 

includes an implicit condition: 

counterparty access to data and 

information related to a particular swap 

cannot be obtained in contravention of 

any CEA requirement or prohibition. As 

discussed above, CEA section 21(c)(6) 

requires a registered SDR to maintain 

the privacy of any and all swap 

transaction information that the SDR 

receives from a swap dealer, 

counterparty or any other registered 

entity. Accordingly, § 49.17(f)(2) 

authorizes counterparty access to data 

and information related to a particular 

swap only to the extent that such access 

is consistent with an SDR’s privacy 

obligations under CEA section 21(c)(6). 

When a swap is executed 

anonymously on a swap execution 

facility (‘‘SEF’’) or designated contract 

market (‘‘DCM’’) and then cleared in 

accordance with the Commission’s 

straight-through processing 

requirements 12—such that the 

counterparties to the swap would not 

otherwise be known to one another—the 

identity of each counterparty to the 

swap and its clearing member for the 

swap, as well as the legal entity 

identifier (‘‘LEI’’) 13 of such 


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16674 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations 

currently be used for purposes of compliance with 

part 45 and part 46. Once the global LEI system is 

fully operational, ROC-endorsed pre-LEIs, including 

CICIs, will transition into the global LEI system and 

be referred to as LEIs. 

For purposes of this interim final rule, the term 

legal entity identifier, or ‘‘LEI’’, refers to an LEI, a 

pre-LEI or a CICI, as the context requires. 

14While the name of a counterparty’s clearing 

member for a swap, and such clearing member’s 

LEI, is not information regarding the swap that is 

required to be reported to a registered SDR pursuant 

to part 45 or part 46 of the Commission’s 

regulations, the Commission understands that such 

information may be included with reports of 

required swap data, and may therefore be 

‘‘information related to a particular swap that is 

maintained by the registered [SDR]’’. 

15The Commission notes that it has received 

inquiries from market participants regarding the 

scope of permissible counterparty access to data 

and information maintained by a registered SDR for 

swaps that are executed anonymously on SEFs and 

DCMs and cleared, including a request for 

interpretive guidance dated February 28, 2013, from 

the Managed Funds Association to the 

Commission’s Division of Market Oversight. 

16 5 U.S.C. 553 et seq. 

17See 5 U.S.C. 553(b). 

18See 5 U.S.C. 553(b)(3)(B). 

19See 5 U.S.C. 553(d)(3). 

20 44 U.S.C. 3501 et seq. 

21See 44 U.S.C. 3507. 

22See 5 U.S.C. 601 et seq. 

23See 77 FR 2170–2171. 

counterparty and its clearing member, is 

information that is private vis-a`-vis the 

other counterparty to the swap, and this 

privacy must be maintained by a 

registered SDR pursuant to CEA section 

21(c)(6). This statutory privacy 

obligation now operates implicitly to 

limit the scope of § 49.17(f)(2)—which, 

accordingly, does not permit a 

counterparty to a swap that is executed 

anonymously on a SEF or a DCM, and 

then cleared in accordance with the 

Commission’s straight-through 

processing requirements, to access the 

identity of the other counterparty to the 

swap or that counterparty’s clearing 

member for the swap, or the other 

counterparty’s or its clearing member’s 

LEI.14 The Commission is adopting this 

interim final rule to clarify the scope of 

§ 49.17(f)(2),15 by making explicit the 

limitation on counterparty access to 

data and information related to an 

anonymously executed, cleared swap 

that applies by virtue of the privacy 

requirements of CEA section 21(c)(6). 

B. Amendment to 17 CFR 49.17(f)(2) 

To effect the clarification described 

above, the Commission is amending 

§ 49.17(f)(2) by adding language 

providing that the data and information 

maintained by the registered swap data 

repository that may be accessed by 

either counterparty to a particular swap 

shall not include the identity or the 

legal entity identifier (as such term is 

used in 17 CFR part 45) of the other 

counterparty to the swap, or the other 

counterparty’s clearing member for the 

swap, if the swap is executed 

anonymously on a swap execution 

facility or designated contract market, 

and cleared in accordance with 

Commission regulations 1.74, 23.610, 

and 37.12(b)(7). 

III. Request for Comment on Interim 

Final Rule 

The Commission invites comments on 

this interim final rule. Comments must 

be submitted to the Commission on or 

before the date that is 30 days after the 

date of publication of the interim final 

rule in the Federal Register. Comments 

on the interim final rule must be 

submitted pursuant to the instructions 

provided above. 

IV. Related Matters 

A. Administrative Procedure Act 

The Administrative Procedure Act 

(‘‘APA’’) 16 generally requires a Federal 

agency to publish notice of a proposed 

rulemaking in the Federal Register.17

This requirement does not apply, 

however, when an agency ‘‘for good 

cause finds . . . that notice and public 

procedure thereon are impracticable, 

unnecessary, or contrary to the public 

interest.’’ 18 Moreover, while the APA 

generally requires that an agency 

publish an adopted rule in the Federal 

Register 30 days before it becomes 

effective, this requirement does not 

apply if the agency finds good cause to 

make the rule effective sooner.19

In this interim final rulemaking the 

Commission is, by amendment, 

clarifying the scope of § 49.17(f)(2), by 

making explicit a limitation on 

counterparty access to SDR data and 

information that applies by virtue of 

CEA section 21(c)(6). In the absence of 

such a clarifying amendment that same 

limitation would continue to apply 

implicitly, since the scope of 

§ 49.17(f)(2) cannot exceed the bounds 

of statutory privacy requirements. 

Because the interim final rule does not 

alter in any way substantive rights and 

obligations under § 49.17(f)(2)—the 

scope of this regulatory provision is 

limited in precisely the same manner by 

CEA section 21(c)(6), regardless of 

whether such limitation is implicit, as it 

is currently, or made explicit through 

the clarifying amendment effected by 

this interim final rule—the advance 

notice and public procedure that is 

generally required pursuant to the APA 

is not necessary in the present instance. 

For good cause, the Commission 

therefore finds that publication of a 

notice of proposed rulemaking in the 

Federal Register is unnecessary. 

Similarly, since the interim final rule 

simply makes explicit a limitation on 

the scope of counterparty access to SDR 

data and information that already 

applies by operation of statute, the 

Commission, for good cause, finds that 

no transitional period, after publication 

in the Federal Register, is necessary 

before the amendment to § 49.17(f)(2) 

made by this interim final rule becomes 

effective. Accordingly, this interim final 

rule shall be effective immediately upon 

publication in the Federal Register. 

B. Paperwork Reduction Act 

The Paperwork Reduction Act 

(‘‘PRA’’) 20 imposes certain 

requirements on Federal agencies in 

connection with their conducting or 

sponsoring any collection of 

information as defined by the PRA. 

Under the PRA, an agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid control number from the 

Office of Management and Budget 

(‘‘OMB’’).21 Since this interim final rule 

serves to clarify, by amendment, the 

scope of an already existing regulatory 

provision, the Commission has 

determined that the interim final rule 

will not impose any new information 

collection requirements that require 

approval of OMB under the PRA. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’) requires that Federal agencies 

consider whether the rules that they 

issue will have a significant economic 

impact on a substantial number of small 

entities and, if so, to provide a 

regulatory flexibility analysis respecting 

the impact.22 By clarifying the scope of 

§ 49.17(f)(2), this interim final rule 

serves to clarify existing obligations and 

responsibilities of registered SDRs, 

which the Commission has previously, 

in connection with its swap data 

recordkeeping and reporting rules, 

determined are not small entities.23

Therefore, the interim final rule will not 

have a significant economic impact on 

a substantial number of small entities. 

D. Cost Benefit Considerations 

Section 15(a) of the CEA requires the 

Commission to consider the costs and 

benefits of its actions before 

promulgating a regulation under the 

CEA or issuing certain orders. Section 

15(a) further specifies that the costs and 

benefits shall be evaluated in light of 

five broad areas of market and public 

concern: (1) Protection of market 

participants and the public; (2) 

efficiency, competitiveness, and 


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Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations 16675 

24CEA section 15(a). 

25Complying with these existing requirements 

may, however, entail some expenditure. For 

example, to comply with CEA section 21(c)(6) 

registered SDRs may incur certain costs associated 

with programming their systems to recognize swaps 

that are executed anonymously on a SEF or a DCM 

and cleared, as described herein, and to prevent a 

counterparty’s access to the identity and LEI of the 

other counterparty to such a swap, and such 

counterparty’s clearing member for the swap. 

26See note 15, supra. 

27The Commission recognizes that if, to date, any 

market participant has not read § 49.17(f)(2) with 

reference to the statutory privacy limitations of CEA 

section 21(c)(6), the market participant may have 

developed systems and processes that require 

modification to comply with these statutory 

limitations. In any such case, the clarifying 

amendment effected by this interim final rule 

should alert the market participant to the need for 

modification. Such modification may entail some 

cost to implement. However, any such modification 

costs would not arise from the Commission’s 

exercise of its discretion, in this interim final rule, 

to clarify § 49.17(f)(2) by making explicit an existing 

statutory limitation on the scope of this regulatory 

provision. Such modification costs would be 

required to achieve statutory compliance regardless 

of whether or not the Commission provided such 

clarification through this interim final rule. 

financial integrity of futures markets; (3) 

price discovery; (4) sound risk 

management practices; and (5) other 

public interest considerations.24 The 

Commission considers the costs and 

benefits resulting from its discretionary 

determinations with respect to the 

section 15(a) factors. 

This interim final rule does not 

represent an exercise of Commission 

discretion that alters substantive rights 

and obligations imposed by statute and 

Commission rule currently. As 

discussed earlier, the interim final rule 

merely clarifies the existing scope of 

§ 49.17(f)(2) by making explicit a 

statutory limitation that, absent this 

clarification, applies implicitly: The 

exception to the general prohibition 

against market participant access to SDR 

data does not sanction practices that 

contravene the statutory privacy 

requirements of CEA section 21(c)(6). As 

such, substantively, the interim final 

rule poses no incremental costs or 

benefits relative to regulatory 

requirements that are now operative.25

This interim final rule is not void of 

any discretionary element, however. By 

issuing the interim final rule, the 

Commission is exercising its discretion 

to clarify, by amendment, the existing 

scope of § 49.17(f)(2), rather than 

leaving this regulatory provision in its 

current form. By making explicit a 

limitation on the scope of § 49.17(f)(2) 

that exists by virtue of the statutory 

privacy requirements of CEA section 

21(c)(6), the interim final rule addresses 

a potential source of uncertainty for 

market participants,26 and, in so doing, 

promotes the public interests in market 

integrity and, more generally, in 

regulatory clarity and certainty. 

Conversely, the Commission sees no 

costs resultant from this discretionary 

act of clarification.27

List of Subjects in 17 CFR Part 49 

Swap data repositories, Registration 

and regulatory requirements. 

For the reasons stated in the 

preamble, the Commodity Futures 

Trading Commission amends 17 CFR 

part 49 as follows: 

PART 49—SWAP DATA 

REPOSITORIES 

■ 1. The authority citation for part 49 

continues to read as follows: 

Authority: 7 U.S.C. 12a and 24a, as 

amended by Title VII of the Wall Street 

Reform and Consumer Protection Act, Pub. L. 

111–203, 124 Stat. 1376 (2010), unless 

otherwise noted. 

■ 2. Revise § 49.17(f)(2) to read as 

follows: 

§ 49.17 Access to SDR data. 

* * * * * 

(f) * * * 

(2) Exception. Data and information 

related to a particular swap that is 

maintained by the registered swap data 

repository may be accessed by either 

counterparty to that particular swap. 

However, the data and information 

maintained by the registered swap data 

repository that may be accessed by 

either counterparty to a particular swap 

shall not include the identity or the 

legal entity identifier (as such term is 

used in part 45 of this chapter) of the 

other counterparty to the swap, or the 

other counterparty’s clearing member 

for the swap, if the swap is executed 

anonymously on a swap execution 

facility or designated contract market, 

and cleared in accordance with 

Commission regulations in §§ 1.74, 

23.610, and 37.12(b)(7) of this chapter. 

* * * * * 

Issued in Washington, DC, on March 20, 

2014, by the Commission. 

Christopher J. Kirkpatrick, 

Deputy Secretary of the Commission. 

Note: The following appendix will not 

appear in the Code of Federal Regulations. 

Appendix to Swap Data Repositories— 

Access to SDR Data by Market 

Participants—Commission Voting 

Summary 

On this matter, Acting Chairman Wetjen 

and Commissioners Chilton and O’Malia 

voted in the affirmative. No Commissioner 

voted in the negative. 

[FR Doc. 2014–06574 Filed 3–25–14; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0730] 

RIN 1625–AA00 

Safety Zones; Revolution 3 Triathlon, 

Lake Erie, Sandusky Bay, Sandusky, 

OH 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing two permanent safety zones 

on Lake Erie near Sandusky, OH that 

will be enforced two consecutive 

mornings annually during the first or 

second weekend in September. This is 

intended to restrict vessel traffic during 

the swim portion of the Revolution 3 

Triathlon in Lake Erie and Sandusky 

Bay, Sandusky, OH, and is necessary to 

protect participants, spectators, and 

vessels from the hazards associated with 

a triathlon event. 

DATES: This final rule is effective April 

25, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2012–0730. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MST1 Ian Fallon, Response 

Department, Marine Safety Unit Toledo, 

Coast Guard; telephone (419)418–6046, 

email Ian.M.Fallon@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Cheryl 

Collins, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

TFR Temporary Final Rule 

A. Regulatory History and Information 

The Coast Guard published two TFRs 

both entitled Safety Zones; Revolution 3 


emcdonald on DSK67QTVN1PROD with RULES