Real-Time Public Reporting Requirements and Swap Data Recordkeeping and Reporting Requirements; Reopening of Comment Period

Published date29 February 2024
Record Number2024-04255
Citation89 FR 14790
CourtCommodity Futures Trading Commission
SectionProposed rules
Federal Register, Volume 89 Issue 41 (Thursday, February 29, 2024)
[Federal Register Volume 89, Number 41 (Thursday, February 29, 2024)]
                [Proposed Rules]
                [Page 14790]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-04255]
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                COMMODITY FUTURES TRADING COMMISSION
                17 CFR Parts 43 and 45
                RIN 3038-AF26
                Real-Time Public Reporting Requirements and Swap Data
                Recordkeeping and Reporting Requirements; Reopening of Comment Period
                AGENCY: Commodity Futures Trading Commission.
                ACTION: Reopening of comment period.
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                SUMMARY: On December 28, 2023, the Commodity Futures Trading Commission
                (``Commission'' or ``CFTC'') published in the Federal Register a notice
                of proposed rulemaking (``Proposed Rule'' or ``NPRM'') titled Real-Time
                Public Reporting Requirements and Swap Data Recordkeeping and Reporting
                Requirements. The comment period for the Proposed Rule closed on
                February 26, 2024. The Commission is reopening the comment period for
                this NPRM for an additional forty-five days from the date the original
                comment period closed.
                DATES: The comment period for the proposed rule published December 28,
                2023, at 88 FR 90046, is reopened. Comments must be received on or
                before April 11, 2024.
                ADDRESSES: You may submit comments, identified by ``Real-Time Public
                Reporting Requirements and Swap Data Recordkeeping and Reporting
                Requirements, RIN 3038-AF26,'' by any of the following methods:
                 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 Sec. 145.9 of the Commission's
                regulations.\1\
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                 \1\ 17 CFR 145.9.
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                 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 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 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: Owen J. Kopon, Associate Chief
                Counsel, at (202) 418-5360 or [email protected]; Alicia Viguri, Assistant
                Chief Counsel, at (202) 418-5219 or [email protected]; or Isabella
                Bergstein, Assistant Chief Counsel, at (202) 418-5182 or
                [email protected]; Division of Market Oversight, in each case at the
                Commodity Futures Trading Commission, 1155 21st Street NW, Washington,
                DC 20581.
                SUPPLEMENTARY INFORMATION: On December 28, 2023, the Commission
                published proposed amendments \2\ to parts 43 and 45 that would: allow
                for continued geographic masking after the designation of the unique
                product identifier and product classification system (``UPI'') for
                swaps in the other commodity asset class; implement conforming changes
                in connection with the geographic masking requirement; add reportable
                data fields to appendix A to part 43 and appendix 1 to part 45 that
                promote international harmonization and further the Commission's
                surveillance and analysis activities; and implement non-substantive
                revisions to the descriptions of the existing reportable data elements
                in such appendices. The comment period for the NPRM closed on February
                26, 2024.
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                 \2\ Real-Time Public Reporting Requirements and Swap Data
                Recordkeeping and Reporting Requirements, 88 FR 90046 (Dec. 28,
                2023).
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                 In a February 12, 2024, Request Letter,\3\ commenters express
                concerns that the originally allotted 60-day comment period is
                insufficient. The Commission is reopening the comment period for an
                additional forty-five days from the date the original comment period
                closed in order to allow interested persons additional time to analyze
                the proposal and prepare their comments.
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                 \3\ See Letter from the International Swaps and Derivatives
                Association (``ISDA''), Ice Trade Vault, LLC (``ICE''), DTCC Data
                Repository (US) LLC (``DDR''), and KOR Reporting Inc. (``KOR''),
                dated February 12, 2024. Available at https://comments.cftc.gov/PublicComments/ViewComment.aspx?id=73263&SearchText=(``Request
                Letter''). The requested extension comment period was through April
                15, 2024.
                 Issued in Washington, DC, on February 26, 2024, by the
                Commission.
                Robert Sidman,
                Deputy Secretary of the Commission.
                 Note: The following appendix will not appear in the Code of
                Federal Regulations.
                Appendix to Real-Time Public Reporting Requirements and Swap Data
                Recordkeeping and Reporting Requirements--Commission Voting Summary
                 On this matter, Chairman Behnam and Commissioners Johnson,
                Goldsmith Romero, Mersinger, and Pham voted in the affirmative. No
                Commissioner voted in the negative.
                [FR Doc. 2024-04255 Filed 2-28-24; 8:45 am]
                BILLING CODE 6351-01-P
                

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