Voting Draft – As approved by the Commission on 2/20/2020

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BILLING CODE 6351-01

COMMODITY FUTURES TRADING COMMISSION

17 CFR Parts 23, 43, 45, and 49

RIN 3038-AE32

Certain Swap Data Repository and Data Reporting Requirements

AGENCY: Commodity Futures Trading Commission

ACTION: Reopening of comment period.

SUMMARY: On May 13, 2019, the Commodity Futures Trading Commission 

(Commission) published in the Federal Register a notice of proposed rulemaking

(NPRM) titled Certain Swap Data Repository and Data Reporting Requirements. The 

comment period for the NPRM was originally scheduled to close on July 29, 2019. The 

Commission subsequently extended the comment period for 90 days to October 28, 2019.

On October 24, 2019, the Commission extended the comment period for another 90 days 

to January 27, 2020. The Commission is now reopening the comment period for this 

NPRM for an additional 90 days to allow market participants to comment on this NPRM 

in conjunction with the two swap data-related NPRMs approved on February 20, 2020.

DATES: Comments for the NPRM titled Certain Swap Data Repository and Data 

Reporting Requirements, published on May 13, 2019 (84 FR 21044), must be received on 

or before [INSERT DATE 90 DAYS AFTER DATE OF APPROVAL OF THIS 

NOTICE BY THE COMMISSION].

ADDRESSES: You may submit comments, identified by “Certain Swap Data Repository 

and Data Reporting Requirements” and RIN number 3038-AE32, by any of the following 

methods:
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• CFTC Comments Portal: https://comments.cftc.gov. Select the “Submit 

Comments” link for this rulemaking and follow the instructions on the Public Comment 

Form.

• Mail: Send to Christopher Kirkpatrick, Secretary of the Commission, 

Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW, 

Washington, DC 20581.

• Hand Delivery/Courier: Follow the same instructions as for mail, above.

Please submit your comments using only one of these methods. To avoid possible 

delays with mail or in-person deliveries, submissions through the CFTC Comments 

Portal are encouraged.

All comments must be submitted in English, or if not, accompanied by an English 

translation. Comments will be posted as received to https://comments.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 (FOIA), 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.

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The Commission reserves the right, but shall have no obligation, to review, prescreen, filter, redact, refuse or remove any or all of your submission from 

https://comments.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 the rulemaking will be retained in the public comment file and 

 1 17 CFR 145.9. 
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will be considered as required under the Administrative Procedure Act and other 

applicable laws, and may be accessible under the FOIA.

FOR FURTHER INFORMATION CONTACT: Benjamin DeMaria, Special Counsel, 

202-418-5988, bdemaria@cftc.gov or Meghan Tente, Acting Associate Director, 202-

418-5785, mtente@cftc.gov; Division of Market Oversight, Data and Reporting Branch,

Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW, 

Washington, DC 20581.

SUPPLEMENTARY INFORMATION:

On May 13, 2019, the Commission published in the Federal Register an NPRM 

proposing amendments to certain regulations applicable to swap data repositories

(SDRs), reporting counterparties, and other market participants.

2 The proposed 

amendments would, among other things, update requirements for SDRs to verify swap 

data with reporting counterparties, update requirements to correct swap data errors and 

omissions, and update and clarify certain SDR operational and governance requirements.

The comment period for the NPRM was set to close on July 29, 2019. Market 

participants3 requested the opportunity to review additional planned rulemakings under 

the Commission’s Roadmap to Achieve High Quality Swaps Data (“Roadmap”)4 that 

will relate to the NPRM prior to commenting on the NPRM. The Commission 

 2 Certain Swap Data Repository and Data Reporting Requirements, 84 FR 21044 (May 13, 2019). 3 See Letter from International Swaps and Derivatives Association and Securities Industry and Financial 

Markets Association (October 8, 2019), available at

https://comments.cftc.gov/PublicComments/ViewComment.aspx?id=62212&SearchText=. 4 See CFTC Letter 17-33, Division of Market Oversight Announces Review of Swap Reporting Rules in 

Parts 43, 45, and 49 of Commission Regulations (July 10, 2017), available at

http://www.cftc.gov/idc/groups/public/@lrlettergeneral/documents/letter/17-33.pdf; Roadmap to Achieve 

High Quality Swap Data, available at

http://www.cftc.gov/idc/groups/public/@newsroom/documents/file/dmo_swapdataplan071017.pdf. 
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subsequently extended the comment period for the NPRM by 90 days to October 28, 

2019,

5 and again by 90 days to January 27, 2020.6

The Commission stated in the October 24, 2019 extension that it anticipated 

reopening the comment period for the NPRM to coincide with the comment periods for 

the additional planned Roadmap rulemakings in order to provide market participants with 

the opportunity to comment on all three Roadmap rulemakings at once.

7 This reopening 

of the comment period provides the opportunity for market participants to comment on 

all three Roadmap rulemakings simultaneously or individually. Parties that previously 

submitted comments on the NPRM are invited to resubmit their comments to add any 

additional information they may wish to include.8 Parties may also submit new comments 

regarding any matter related to the NPRM, including matters that relate to the NPRM and

one or more of the other Roadmap rulemakings. All comments must be received on or 

before [INSERT DATE 90 DAYS AFTER DATE OF APPROVAL OF THIS 

NOTICE BY THE COMMISSION].

Issued in Washington, DC, on February ___, 2020, by the Commission.

 5 Certain Swap Data Repository and Data Reporting Requirements; Extension of Comment Period, 84 FR 

35847 (July 25, 2019). 6 Certain Swap Data Repository and Data Reporting Requirements; Extension of Comment Period, 84 FR 

57831 (October 24, 2019). 7 See 84 FR at 57832; see also 84 FR at 21046 (“When the Commission proposes the next two 

rulemakings, the Commission anticipates reopening the comment period for this proposal to provide market 

participants with an opportunity to comment collectively on the three rulemakings together, because the 

proposals address interconnected issues.”).

8 All responsive comments previously submitted for the NPRM will be considered regardless of whether 

the submitter updates the original comments during the reopened comment period. Parties that do not wish 

to supplement their original comments do not need to resubmit their original comments in order for those 

comments to be considered.
Voting Draft – As approved by the Commission on 2/20/2020

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Christopher Kirkpatrick,

Secretary of the Commission.