Federal Register / Vol. 78, No. 68 / Tuesday, April 9, 2013 / Rules and Regulations 21045 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, effective 

September 15, 2012, is amended as 

follows: 

Paragraph 5000 Class D airspace. 

* * * * * 

AEA PA D Reading, PA [Amended] 

Reading Regional/Carl A. Spaatz Field, 

Reading, PA 

(Lat. 40°22′42′′ N., long. 75°57′55′′ W.) 

That airspace extending upward from the 

surface to and including 2,800 feet MSL 

within a 4.8-mile radius of Reading Regional/ 

Carl A. Spaatz Field. This Class D airspace 

area is effective during specific dates and 

times established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

AEA PA E2 Reading, PA [Amended] 

Reading Regional/Carl A. Spaatz Field, 

Reading, PA 

(Lat. 40°22′42′′ N., long. 75°57′55′′ W.) 

That airspace extending from the surface 

within a 4.8-mile radius of Reading Regional/ 

Carl A. Spaatz Field, and within 4- miles 

either side of the 172° bearing from the 

airport, extending from the 4.8-mile radius, 

to 10.1-miles south of the airport. This Class 

E airspace area is effective during specific 

dates and times established in advance by a 

Notice to Airmen. The effective date and time 

will thereafter be continuously published in 

the Airport/Facility Directory. 

Paragraph 6004 Class E airspace designated 

as an extension to a class D surface area. 

* * * * * 

AEA PA E4 Reading, PA [Amended] 

Reading Regional/Carl A. Spaatz Field, 

Reading, PA 

(Lat. 40°22′42′′ N., long. 75°57′55′′ W.) 

That airspace extending from the surface 

within 4 miles either side of the 172° bearing 

from Reading Regional/Carl A. Spaatz Field 

extending from the 4.8-mile radius to 10.1 

miles south of the airport. This Class E 

airspace area is effective during specific dates 

and times established in advance by a Notice 

to Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AEA PA E5 Reading, PA [Amended] 

Reading Regional/Carl A. Spaatz Field, 

Reading, PA 

(Lat. 40°22′42′′ N., long. 75°57′55′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 10.3-mile 

radius of Reading Regional/Carl A. Spaatz 

Field. 

Issued in College Park, Georgia, on April 1, 

2013. 

Barry A. Knight, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2013–08102 Filed 4–8–13; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 1 

RIN 3038–AD53 

Adaptation of Regulations to 

Incorporate Swaps—Records of 

Transactions; Correction 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects a 

compliance date stated in the preamble 

to a notice of final rulemaking 

published in the Federal Register of 

December 21, 2012 (77 FR 75523), 

regarding Adaptation of Regulations to 

Incorporate Swaps—Records of 

Transactions. 

DATES: This correction to the preamble 

is effective April 9, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Driscoll, Associate Director, 

Division of Swap Dealer and 

Intermediary Oversight, Commodity 

Futures Trading Commission, Three 

Lafayette Centre, 1155 21st Street NW., 

Washington, DC 20581; 202–418–5544; 

kdriscoll@cftc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commodity Futures Trading 

Commission is correcting the preamble 

of final rules that appeared in the 

Federal Register on December 21, 2012 

(77 FR 75523). The final rulemaking 

made certain conforming amendments 

to recordkeeping provisions of 

regulations 1.31 and 1.35(a) to integrate 

them more fully with the new statutory 

framework created by the Dodd-Frank 

Wall Street Reform and Consumer 

Protection Act. On page 75530, in the 

first column, in the Supplementary 

Information section of the preamble, 

revise the incorrect text of ‘‘[November 

28, 2013]’’ to read ‘‘December 21, 2013’’. 

Issued in Washington, DC, on March 29, 

2013, by the Commission. 

Christopher J. Kirkpatrick, 

Deputy Secretary of the Commission. 

[FR Doc. 2013–07797 Filed 4–8–13; 8:45 am] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 23 

RIN 3038–AC96 

Confirmation, Portfolio Reconciliation, 

Portfolio Compression, and Swap 

Trading Relationship Documentation 

Requirements for Swap Dealers and 

Major Swap Participants; Correction 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Correcting amendments. 

SUMMARY: The Commodity Futures 

Trading Commission (CFTC) is 

correcting a final rule published in the 

Federal Register of September 11, 2012 

(77 FR 55904). That rule, 17 CFR 23.505, 

took effect on November 13, 2012. 

Subsequently, the CFTC published final 

rules in the Federal Register of 

December 13, 2012 (77 FR 74284), that 

re-codified the Commission regulation 

at 17 CFR 39.6 as a new Commission 

regulation at 17 CFR 50.50. This 

correction amends cross-references in 

17 CFR 23.505 to conform them with the 

final rules published on December 13, 

2012. 

DATES: Effective on April 9, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Frank Fisanich, Chief Counsel, 202– 

418–5949, ffisanich@cftc.gov, or Jason 

A. Shafer, Attorney-Advisor, 202–418– 

5097, jshafer@cftc.gov, 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 September 11, 2012 

(77 FR 55904), the CFTC published final 

rules setting forth requirements for swap 

confirmation, portfolio reconciliation, 

portfolio compression, and swap trading 

relationship documentation for Swap 

Dealers and Major Swap Participants. 

Those rules, in 17 CFR part 23, include 

cross-references to the Commission 

regulation at 17 CFR 39.6. After the 

effective date of the Part 23 rules 

(November 13, 2012), the CFTC 

published final rules in the Federal 

Register of December 13, 2012 (77 FR 

74284) that re-codified the Commission 

regulation at 17 CFR 39.6 as a new 

Commission regulation at 17 CFR 50.50. 

Those rules took effect on February 11, 

2013. Thus, the Commission is making 

correcting amendments to the affected 

section of 17 CFR part 23 to replace the 

cross-references to 17 CFR 39.6 with 

cross-references to 17 CFR 50.50. 


tkelley on DSK3SPTVN1PROD with RULES
21046 Federal Register / Vol. 78, No. 68 / Tuesday, April 9, 2013 / Rules and Regulations 

1 15 U.S.C. 78s(b)(1). 

2See Section 3(a)(26) of the Exchange Act, 15 

U.S.C. 78c(a)(26) (defining the term ‘‘self-regulatory 

organization’’ to mean any national securities 

exchange, registered securities association, 

registered clearing agency, and, for purposes of 

Section 19(b) and other limited purposes, the 

Municipal Securities Rulemaking Board) (emphasis 

added). 

3 15 U.S.C. 78s(b)(1). Section 3(a)(27) of the 

Exchange Act defines ‘‘rules’’ to include ‘‘the 

constitution, articles of incorporation, bylaws, and 

rules, or instruments corresponding to the foregoing 

* * * and such of the stated policies, practices, and 

interpretations of such exchange, association, or 

clearing agency as the Commission, by rule, may 

determine to be necessary or appropriate in the 

public interest or for the protection of investors to 

be deemed to be rules of such exchange, 

association, or clearing agency.’’ 15 U.S.C. 

78c(a)(27). Rule 19b–4(b) under the Exchange Act 

defines ‘‘stated policy, practice, or interpretation’’ 

to mean, in part, ‘‘[a]ny material aspect of the 

operation of the facilities of the self-regulatory 

organization’’ or ‘‘[a]ny statement made generally 

available’’ that ‘‘establishes or changes any 

standard, limit, or guideline’’ with respect to the 

‘‘rights, obligations, or privileges’’ of persons or the 

‘‘meaning, administration, or enforcement of an 

existing rule.’’ 17 CFR 240.19b–4(b). 

4See 17 CFR 249.819. 

5See 15 U.S.C. 78s(b)(1). The SRO is required to 

prepare the notice of its proposed rule change on 

Exhibit 1 of Form 19b–4 that the Commission then 

publishes in the Federal Register. 

6See 15 U.S.C. 78s(b)(2). However, as provided in 

Section 19(b)(2)(D) of the Exchange Act, 15 U.S.C. 

78s(b)(2)(D), a proposed rule change shall be 

‘‘deemed to have been approved by the 

Commission’’ if the Commission does not take 

action on a proposal that is subject to Commission 

approval within the statutory time frames specified 

in Section 19(b)(2). 

7See, e.g., 15 U.S.C. 78s(b)(3)(A). 

8See 15 U.S.C. 78s(b)(2). 

List of Subjects in 17 CFR part 23 

Antitrust, Commodity futures, 

Conduct standards, Conflict of interests, 

Major swap participants, Reporting and 

recordkeeping, Swap dealers, Swaps. 

Accordingly, 17 CFR part 23 is 

corrected by making the following 

correcting amendments: 

PART 23—SWAP DEALERS AND 

MAJOR SWAP PARTICIPANTS 

■ 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. 

■ 2. In § 23.505, revise paragraphs (a) 

introductory text, (a)(2), and (a)(5) to 

read as follows: 

§ 23.505 End user exception 

documentation. 

(a) For swaps excepted from a 

mandatory clearing requirement. Each 

swap dealer and major swap participant 

shall obtain documentation sufficient to 

provide a reasonable basis on which to 

believe that its counterparty meets the 

statutory conditions required for an 

exception from a mandatory clearing 

requirement, as defined in section 2h(7) 

of the Act and § 50.50 of this chapter. 

Such documentation shall include: 

* * * * * 

(2) That the counterparty has elected 

not to clear a particular swap under 

section 2h(7) of the Act and § 50.50 of 

this chapter; 

* * * * * 

(5) That the counterparty generally 

meets its financial obligations 

associated with non-cleared swaps. 

Provided, that a swap dealer or major 

swap participant need not obtain 

documentation of paragraphs (a)(3), (4), 

or (5) of this section if it obtains 

documentation that its counterparty has 

reported the information listed in 

§ 50.50(b)(1)(iii) in accordance with 

§ 50.50(b)(2) of this chapter. 

* * * * * 

Issued in Washington, DC, on April 4, 

2013, by the Commission. 

Christopher J. Kirkpatrick, 

Deputy Secretary of the Commission. 

[FR Doc. 2013–08197 Filed 4–8–13; 8:45 am] 

BILLING CODE 6351–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 240 and 249 

[Release No. 34–69284; File No. S7–29–11] 

RIN 3235–AL18 

Amendment to Rule Filing 

Requirements for Dually-Registered 

Clearing Agencies 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission (‘‘SEC’’ or ‘‘Commission’’) 

is affirming recent amendments to Rule 

19b–4 under the Securities Exchange 

Act of 1934 (‘‘Exchange Act’’) in 

connection with filings of proposed rule 

changes by certain registered clearing 

agencies and is expanding on those 

amendments in response to comments 

received (collectively, ‘‘Final Rule’’). 

The Commission also is making 

corresponding technical modifications 

to the General Instructions for Form 

19b–4 under the Exchange Act. The 

amendments to Rule 19b–4 and the 

instructions to Form 19b–4 are intended 

to streamline the rule filing process in 

areas involving certain activities 

concerning non-security products that 

may be subject to duplicative or 

inconsistent regulation as a result of, in 

part, certain provisions under Section 

763(b) of the Dodd-Frank Wall Street 

Reform and Consumer Protection Act of 

2010 (‘‘Dodd-Frank Act’’). 

DATES: Effective June 10, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Joseph P. Kamnik, Assistant Director; 

Gena Lai, Senior Special Counsel; and 

Neil Lombardo, Attorney, Office of 

Clearance and Settlement, Division of 

Trading and Markets, Securities and 

Exchange Commission, 100 F Street NE., 

Washington, DC 20549–7010 at (202) 

551–5710. 

SUPPLEMENTARY INFORMATION: The 

Commission is adopting a Final Rule 

that affirms and expands upon recent 

amendments to Rule 19b–4 under the 

Exchange Act concerning categories of 

proposed rule changes that qualify for 

effectiveness upon filing under Section 

19(b)(3)(A) of the Exchange Act. The 

Commission also is making a 

corresponding technical modification to 

the General Instructions for Form 19b– 

4 under the Exchange Act. 

I. Introduction 

A. Background on the Commission’s 

Process for Proposed Rule Changes 

Section 19(b)(1) of the Exchange Act 1

requires each self-regulatory 

organization (‘‘SRO’’), including any 

Registered Clearing Agency,2 to file with 

the Commission copies of any proposed 

rule or any proposed change in, 

addition to, or deletion from the rules of 

such SRO (collectively, ‘‘proposed rule 

change’’),3 which must be submitted on 

Form 19b–4 4 in accordance with the 

General Instructions thereto. Once a 

proposed rule change has been filed, the 

Commission is required to publish it in 

the Federal Register to provide an 

opportunity for public comment.5 A 

proposed rule change generally may not 

take effect unless the Commission 

approves it,6 or it otherwise becomes 

effective under Section 19(b).7

Section 19(b)(2) of the Exchange Act 

sets forth the standards and time 

periods for Commission action either to 

approve, disapprove, or institute 

proceedings to determine whether the 

proposed rule change should be 

disapproved.8 The Commission must 

approve a proposed rule change if it 


tkelley on DSK3SPTVN1PROD with RULES