necessary for accessing or producing electronic records.
    (e) Record examination. All records required to be kept by a
security-based swap execution facility pursuant to this section are
subject to examination by any representative of the Commission pursuant
to section 17(b) of the Act (15 U.S.C. 78q).
    (f) Records of non-U.S. members. A security-based swap execution
facility shall keep a record in permanent form, which shall show the
true name, address, and principal occupation or business of any non-
U.S. member that executes transactions on the facility. Upon request,
the security-based swap execution facility shall provide to the
Commission information regarding the name of any person guaranteeing
such transactions or exercising any control over the trading of such
non-U.S. member.

Sec.  242.827  Core Principle 10--Antitrust considerations.

    Unless necessary or appropriate to achieve the purposes of the Act,
the security-based swap execution facility shall not:
    (a) Adopt any rules or take any actions that result in any
unreasonable restraint of trade; or
    (b) Impose any material anticompetitive burden on trading or
clearing.

Sec.  242.828  Core Principle 11--Conflicts of interest.

    (a) The security-based swap execution facility shall:
    (1) Establish and enforce rules to minimize conflicts of interest
in its decision-making process; and
    (2) Establish a process for resolving the conflicts of interest.
    (b) A security-based swap execution facility shall comply with the
requirements of Sec.  242.834.

Sec.  242.829  Core Principle 12--Financial resources.

    (a) In general. (1) The security-based swap execution facility
shall have adequate financial, operational, and managerial resources to
discharge each responsibility of the security-based swap execution
facility, as determined by the Commission.
    (2) The financial resources of a security-based swap execution
facility shall be considered to be adequate if the value of the
financial resources:
    (i) Enables the organization to meet its financial obligations to
its members notwithstanding a default by a member creating the largest
financial exposure for that organization in extreme but plausible
market conditions; and
    (ii) Exceeds the total amount that would enable the security-based
swap execution facility to cover the operating costs of the security-
based swap execution facility for a one-year period, as calculated on a
rolling basis.
    (b) General requirements. A security-based swap execution facility
shall maintain financial resources on an ongoing basis that are
adequate to enable it to comply with the core principles set forth in
section 3D of the Act and any applicable Commission rules. Financial
resources shall be considered adequate if their value exceeds the total
amount that would enable the security-based swap execution facility to
cover its projected operating costs necessary for the security-based
swap execution facility to comply with section 3D of the Act and
applicable Commission rules for a one-year period, as calculated on a
rolling basis pursuant to paragraph (e) of this section.
    (c) Types of financial resources. Financial resources available to
satisfy the requirements of this section may include:
    (1) The security-based swap execution facility's own capital,
meaning its assets minus its liabilities calculated in accordance with
generally accepted accounting principles in the United States; and
    (2) Any other financial resource deemed acceptable by the
Commission.
    (d) Liquidity of financial resources. The financial resources
allocated by a security-based swap execution facility to meet the
ongoing requirements of paragraph (b) of this section shall include
unencumbered, liquid financial assets (i.e., cash and/or highly liquid
securities) equal to at least the greater of three months of projected
operating costs, as calculated on a rolling basis, or the projected
costs needed to wind down the security-based swap execution facility's
operations, in each case as determined under paragraph (e) of this
section. If a security-based swap execution facility lacks sufficient
unencumbered, liquid financial assets to satisfy its obligations under
this section, the security-based swap execution facility may satisfy
this requirement by obtaining a committed line of credit or similar
facility in an amount at least equal to such deficiency.
    (e) Computation of costs to meet financial resources requirement.
(1) A security-based swap execution facility shall, each fiscal
quarter, make a reasonable calculation of its projected operating costs
and wind-down costs in order to determine its applicable obligations
under this section. The security-based swap execution facility shall
have reasonable discretion in determining the methodologies used to
compute such amounts.
    (i) Calculation of projected operating costs. A security-based swap
execution facility's calculation of its projected operating costs shall
be deemed reasonable if it includes all expenses necessary for the
security-based swap execution facility to comply with the core
principles set forth in section 3D of the Act and any applicable
Commission rules, and if the calculation is based on the security-based
swap execution facility's current level of business and business model,
taking into account any projected modification to its business model
(e.g., the addition or subtraction of business lines or operations or
other changes), and any projected increase or decrease in its level of
business over the next 12 months. A security-based swap execution
facility may exclude the following expenses (``excludable expenses'')
from its projected operating cost calculations:
    (A) Costs attributable solely to sales, marketing, business
development, product development, or recruitment and any related
travel, entertainment, event, or conference costs;
    (B) Compensation and related taxes and benefits for personnel who
are not necessary to ensure that the security-based swap execution
facility is able to comply with the core principles set forth in
section 3D of the Act and any applicable Commission rules;
    (C) Costs for acquiring and defending patents and trademarks for
security-based swap execution facility products and related
intellectual property;
    (D) Magazine, newspaper, and online periodical subscription fees;
    (E) Tax preparation and audit fees;
    (F) The variable commissions that a voice-based security-based swap
execution facility may pay to its trading specialists, calculated as a
percentage of transaction revenue generated by the

voice-based security-based swap execution facility; and
    (G) Any non-cash costs, including depreciation and amortization.
    (ii) Prorated expenses. A security-based swap execution facility's
calculation of its projected operating costs shall be deemed reasonable
if an expense is prorated and the security-based swap execution
facility:
    (A) Maintains sufficient documentation that reasonably shows the
extent to which an expense is partially attributable to an excludable
expense;
    (B) Identifies any prorated expense in the financial reports that
it submits to the Commission pursuant to paragraph (g) of this section;
and
    (C) Sufficiently explains why it prorated any expense. Common
allocation methodologies that may be used include actual use,
headcount, or square footage. A security-based swap execution facility
may provide documentation, such as copies of service agreements, other
legal documents, firm policies, audit statements, or allocation
methodologies to support its determination to prorate an expense.
    (iii) Expenses allocated among affiliates. A security-based swap
execution facility's calculation of its projected operating costs shall
be deemed reasonable if it prorates any shared expense that the
security-based swap execution facility pays for, but only to the extent
that such shared expense is attributable to an affiliate and for which
the security-based swap execution facility is reimbursed. To prorate a
shared expense, the security-based swap execution facility shall:
    (A) Maintain sufficient documentation that reasonably shows the
extent to which the shared expense is attributable to and paid for by
the security-based swap execution facility and/or affiliated entity.
The security-based swap execution facility may provide documentation,
such as copies of service agreements, other legal documents, firm
policies, audit statements, or allocation methodologies, that
reasonably shows how expenses are attributable to, and paid for by, the
security-based swap execution facility and/or its affiliated entities
to support its determination to prorate an expense;
    (B) Identify any shared expense in the financial reports that it
submits to the Commission pursuant to paragraph (g) of this section;
and
    (C) Sufficiently explain why it prorated the shared expense.
    (2) Notwithstanding any provision of paragraph (e)(1) of this
section, the Commission may review the methodologies and require
changes as appropriate.
    (f) Valuation of financial resources. No less than each fiscal
quarter, a security-based swap execution facility shall compute the
current market value of each financial resource used to meet its
obligations under this section. Reductions in value to reflect market
and credit risk (``haircuts'') shall be applied as appropriate.
    (g) Reporting to the Commission. (1) Each fiscal quarter, or at any
time upon Commission request, a security-based swap execution facility
shall provide a report to the Commission that includes:
    (i) The amount of financial resources necessary to meet the
requirements of this section, computed in accordance with the
requirements of paragraph (e) of this section, and the market value of
each available financial resource, computed in accordance with the
requirements of paragraph (f) of this section; and
    (ii) Financial statements, including the balance sheet, income
statement, and statement of cash flows of the security-based swap
execution facility.
    (A) The financial statements shall be prepared in accordance with
generally accepted accounting principles in the United States, prepared
in English, and denominated in U.S. dollars.
    (B) The financial statements of a security-based swap execution
facility that is not domiciled in the United States, and is not
otherwise required to prepare financial statements in accordance with
generally accepted accounting principles in the United States, may
satisfy the requirement in paragraph (g)(1)(ii)(A) of this section if
such financial statements are prepared in accordance with either
International Financial Reporting Standards issued by the International
Accounting Standards Board, or a comparable international standard as
the Commission may otherwise accept in its discretion.
    (2) The calculations required by this paragraph (g) shall be made
as of the last business day of the security-based swap execution
facility's applicable fiscal quarter.
    (3) With each report required under paragraph (g) of this section,
the security-based swap execution facility shall also provide the
Commission with sufficient documentation explaining the methodology
used to compute its financial requirements under this section. Such
documentation shall:
    (i) Allow the Commission to reliably determine, without additional
requests for information, that the security-based swap execution
facility has made reasonable calculations pursuant to paragraph (e) of
this section; and
    (ii) Include, at a minimum:
    (A) A total list of all expenses, without any exclusion;
    (B) All expenses and the corresponding amounts, if any, that the
security-based swap execution facility excluded or prorated when
determining its operating costs, calculated on a rolling basis,
required under this section, and the basis for any determination to
exclude or prorate any such expenses;
    (C) Documentation demonstrating the existence of any committed line
of credit or similar facility relied upon for the purpose of meeting
the requirements of this section (e.g., copies of agreements
establishing or amending a credit facility or similar facility); and
    (D) All costs that a security-based swap execution facility would
incur to wind down its operations, the projected amount of time for any
such wind-down period, and the basis of its determination for the
estimation of its costs and timing.
    (4) The reports and supporting documentation required by this
section shall be filed not later than 40 calendar days after the end of
the security-based swap execution facility's first three fiscal
quarters, and not later than 90 calendar days after the end of the
security-based swap execution facility's fourth fiscal quarter, or at
such later time as the Commission may permit, in its discretion, upon
request by the security-based swap execution facility.
    (5) A security-based swap execution facility shall provide notice
to the Commission no later than 48 hours after it knows or reasonably
should know that it no longer meets its obligations under paragraphs
(b) and (d) of this section.
    (6) A security-based swap execution facility shall provide the
report and documentation required by this section to the Commission
electronically using the EDGAR system as an Interactive Data File in
accordance with Sec.  232.405 of this chapter.

Sec.  242.830  Core Principle 13--System safeguards.

    (a) In general. The security-based swap execution facility shall:
    (1) Establish and maintain a program of risk analysis and oversight
to identify and minimize sources of operational risk, through the
development of appropriate controls and procedures, and automated
systems, that:
    (i) Are reliable and secure; and
    (ii) Have adequate scalable capacity;
    (2) Establish and maintain emergency procedures, backup facilities,
and a plan for disaster recovery that allow for:
    (i) The timely recovery and resumption of operations; and

    (ii) The fulfillment of the responsibilities and obligations of the
security-based swap execution facility; and
    (3) Periodically conduct tests to verify that the backup resources
of the security-based swap execution facility are sufficient to ensure
continued:
    (i) Order processing and trade matching;
    (ii) Price reporting;
    (iii) Market surveillance; and
    (iv) Maintenance of a comprehensive and accurate audit trail.
    (b) Requirements. (1) A security-based swap execution facility's
program of risk analysis and oversight with respect to its operations
and automated systems shall address each of the following categories of
risk analysis and oversight:
    (i) Enterprise risk management and governance. This category
includes, but is not limited to: Assessment, mitigation, and monitoring
of security and technology risk; security and technology capital
planning and investment; governing board and management oversight of
technology and security; information technology audit and controls
assessments; remediation of deficiencies; and any other elements of
enterprise risk management and governance included in generally
accepted best practices.
    (ii) Information security. This category includes, but is not
limited to, controls relating to: Access to systems and data (including
least privilege, separation of duties, account monitoring, and
control); user and device identification and authentication; security
awareness training; audit log maintenance, monitoring, and analysis;
media protection; personnel security and screening; automated system
and communications protection (including network port control, boundary
defenses, and encryption); system and information integrity (including
malware defenses and software integrity monitoring); vulnerability
management; penetration testing; security incident response and
management; and any other elements of information security included in
generally accepted best practices.
    (iii) Business continuity-disaster recovery planning and resources.
This category includes, but is not limited to: Regular, periodic
testing and review of business continuity-disaster recovery
capabilities; the controls and capabilities described in paragraphs
(b)(3) and (10) of this section; and any other elements of business
continuity-disaster recovery planning and resources included in
generally accepted best practices.
    (iv) Capacity and performance planning. This category includes, but
is not limited to: Controls for monitoring the security-based swap
execution facility's systems to ensure adequate scalable capacity
(including testing, monitoring, and analysis of current and projected
future capacity and performance, and of possible capacity degradation
due to planned automated system changes); and any other elements of
capacity and performance planning included in generally accepted best
practices.
    (v) Systems operations. This category includes, but is not limited
to: System maintenance; configuration management (including baseline
configuration, configuration change and patch management, least
functionality, and inventory of authorized and unauthorized devices and
software); event and problem response and management; and any other
elements of system operations included in generally accepted best
practices.
    (vi) Systems development and quality assurance. This category
includes, but is not limited to: Requirements development; pre-
production and regression testing; change management procedures and
approvals; outsourcing and vendor management; training in secure coding
practices; and any other elements of systems development and quality
assurance included in generally accepted best practices.
    (vii) Physical security and environmental controls. This category
includes, but is not limited to: Physical access and monitoring; power,
telecommunication, and environmental controls; fire protection; and any
other elements of physical security and environmental controls included
in generally accepted best practices.
    (2) In addressing the categories of risk analysis and oversight
required under paragraph (b)(1) of this section, a security-based swap
execution facility shall follow generally accepted standards and best
practices with respect to the development, operation, reliability,
security, and capacity of automated systems.
    (3) A security-based swap execution facility shall maintain a
business continuity-disaster recovery plan and business continuity-
disaster recovery resources, emergency procedures, and back-up
facilities sufficient to enable timely recovery and resumption of its
operations and resumption of its ongoing fulfillment of its
responsibilities and obligations as a security-based swap execution
facility following any disruption of its operations. Such
responsibilities and obligations include, without limitation: Order
processing and trade matching; transmission of matched orders to a
registered clearing agency for clearing, where appropriate; price
reporting; market surveillance; and maintenance of a comprehensive
audit trail. A security-based swap execution facility's business
continuity-disaster recovery plan and resources generally should enable
resumption of trading and clearing of security-based swaps executed on
or pursuant to the rules of the security-based swap execution facility
during the next business day following the disruption. A security-based
swap execution facility shall update its business continuity-disaster
recovery plan and emergency procedures at a frequency determined by an
appropriate risk analysis, but at a minimum no less frequently than
annually.
    (4) A security-based swap execution facility satisfies the
requirement to be able to resume its operations and resume its ongoing
fulfillment of its responsibilities and obligations during the next
business day following any disruption of its operations by maintaining
either:
    (i) Infrastructure and personnel resources of its own that are
sufficient to ensure timely recovery and resumption of its operations
and resumption of its ongoing fulfillment of its responsibilities and
obligations as a security-based swap execution facility following any
disruption of its operations; or
    (ii) Contractual arrangements with other security-based swap
execution facilities or disaster recovery service providers, as
appropriate, that are sufficient to ensure continued trading and
clearing of security-based swaps executed on the security-based swap
execution facility, and ongoing fulfillment of all of the security-
based swap execution facility's responsibilities and obligations with
respect to such security-based swaps, in the event that a disruption
renders the security-based swap execution facility temporarily or
permanently unable to satisfy this requirement on its own behalf.
    (5) A security-based swap execution facility shall notify
Commission staff promptly of all:
    (i) Electronic trading halts and material system malfunctions;
    (ii) Cyber-security incidents or targeted threats that actually or
potentially jeopardize automated system operation, reliability,
security, or capacity; and
    (iii) Activations of the security-based swap execution facility's
business continuity-disaster recovery plan.

    (6) A security-based swap execution facility shall provide
Commission staff timely advance notice of all material:
    (i) Planned changes to automated systems that may impact the
reliability, security, or adequate scalable capacity of such systems;
and
    (ii) Planned changes to the security-based swap execution
facility's program of risk analysis and oversight.
    (7) As part of a security-based swap execution facility's
obligation to produce books and records in accordance with Sec.
242.826 (Core Principle 9), the security-based swap execution facility
shall provide to the Commission the following system-safeguards-related
books and records, promptly upon the request of any Commission
representative:
    (i) Current copies of its business continuity-disaster recovery
plans and other emergency procedures;
    (ii) All assessments of its operational risks or system safeguards-
related controls;
    (iii) All reports concerning system safeguards testing and
assessment required by this chapter, whether performed by independent
contractors or by employees of the security-based swap execution
facility; and
    (iv) All other books and records requested by Commission staff in
connection with Commission oversight of system safeguards pursuant to
the Act or Commission rules, or in connection with Commission
maintenance of a current profile of the security-based swap execution
facility's automated systems.
    (v) Nothing in paragraph (b)(7) of this section shall be
interpreted as reducing or limiting in any way a security-based swap
execution facility's obligation to comply with Sec.  242.826 (Core
Principle 9).
    (8) A security-based swap execution facility shall conduct regular,
periodic, objective testing and review of its automated systems to
ensure that they are reliable, secure, and have adequate scalable
capacity. A security-based swap execution facility shall also conduct
regular, periodic testing and review of its business continuity-
disaster recovery capabilities. Such testing and review shall include,
without limitation, all of the types of testing set forth in this
paragraph (b)(8).
    (i) Definitions. As used in this paragraph (b)(8):
    Controls means the safeguards or countermeasures employed by the
security-based swap execution facility to protect the reliability,
security, or capacity of its automated systems or the confidentiality,
integrity, and availability of its data and information, and to enable
the security-based swap execution facility to fulfill its statutory and
regulatory responsibilities.
    Controls testing means assessment of the security-based swap
execution facility's controls to determine whether such controls are
implemented correctly, are operating as intended, and are enabling the
security-based swap execution facility to meet the requirements of this
section.
    Enterprise technology risk assessment means a written assessment
that includes, but is not limited to, an analysis of threats and
vulnerabilities in the context of mitigating controls. An enterprise
technology risk assessment identifies, estimates, and prioritizes risks
to security-based swap execution facility operations or assets, or to
market participants, individuals, or other entities, resulting from
impairment of the confidentiality, integrity, and availability of data
and information or the reliability, security, or capacity of automated
systems.
    External penetration testing means attempts to penetrate the
security-based swap execution facility's automated systems from outside
the systems' boundaries to identify and exploit vulnerabilities.
Methods of conducting external penetration testing include, but are not
limited to, methods for circumventing the security features of an
automated system.
    Internal penetration testing means attempts to penetrate the
security-based swap execution facility's automated systems from inside
the systems' boundaries, to identify and exploit vulnerabilities.
Methods of conducting internal penetration testing include, but are not
limited to, methods for circumventing the security features of an
automated system.
    Security incident means a cybersecurity or physical security event
that actually jeopardizes or has a significant likelihood of
jeopardizing automated system operation, reliability, security, or
capacity, or the availability, confidentiality or integrity of data.
    Security incident response plan means a written plan documenting
the security-based swap execution facility's policies, controls,
procedures, and resources for identifying, responding to, mitigating,
and recovering from security incidents, and the roles and
responsibilities of its management, staff, and independent contractors
in responding to security incidents. A security incident response plan
may be a separate document or a business continuity-disaster recovery
plan section or appendix dedicated to security incident response.
    Security incident response plan testing means testing of a
security-based swap execution facility's security incident response
plan to determine the plan's effectiveness, identify its potential
weaknesses or deficiencies, enable regular plan updating and
improvement, and maintain organizational preparedness and resiliency
with respect to security incidents. Methods of conducting security
incident response plan testing may include, but are not limited to,
checklist completion, walk-through or table-top exercises, simulations,
and comprehensive exercises.
    Vulnerability testing means testing of a security-based swap
execution facility's automated systems to determine what information
may be discoverable through a reconnaissance analysis of those systems
and what vulnerabilities may be present on those systems.
    (ii) Vulnerability testing. A security-based swap execution
facility shall conduct vulnerability testing of a scope sufficient to
satisfy the requirements set forth in paragraph (b)(10) of this
section.
    (A) A security-based swap execution facility shall conduct such
vulnerability testing at a frequency determined by an appropriate risk
analysis.
    (B) Such vulnerability testing shall include automated
vulnerability scanning, which shall follow generally accepted best
practices.
    (C) A security-based swap execution facility shall conduct
vulnerability testing by engaging independent contractors or by using
employees of the security-based swap execution facility who are not
responsible for development or operation of the systems or capabilities
being tested.
    (iii) External penetration testing. A security-based swap execution
facility shall conduct external penetration testing of a scope
sufficient to satisfy the requirements set forth in paragraph (b)(10)
of this section.
    (A) A security-based swap execution facility shall conduct such
external penetration testing at a frequency determined by an
appropriate risk analysis.
    (B) A security-based swap execution facility shall conduct external
penetration testing by engaging independent contractors or by using
employees of the security-based swap execution facility who are not
responsible for development or operation of the systems or capabilities
being tested.
    (iv) Internal penetration testing. A security-based swap execution
facility shall conduct internal penetration testing of a scope
sufficient to satisfy the

requirements set forth in paragraph (b)(10) of this section.
    (A) A security-based swap execution facility shall conduct such
internal penetration testing at a frequency determined by an
appropriate risk analysis.
    (B) A security-based swap execution facility shall conduct internal
penetration testing by engaging independent contractors, or by using
employees of the security-based swap execution facility who are not
responsible for development or operation of the systems or capabilities
being tested.
    (v) Controls testing. A security-based swap execution facility
shall conduct controls testing of a scope sufficient to satisfy the
requirements set forth in paragraph (b)(10) of this section.
    (A) A security-based swap execution facility shall conduct controls
testing, which includes testing of each control included in its program
of risk analysis and oversight, at a frequency determined by an
appropriate risk analysis. Such testing may be conducted on a rolling
basis.
    (B) A security-based swap execution facility shall conduct controls
testing by engaging independent contractors or by using employees of
the security-based swap execution facility who are not responsible for
development or operation of the systems or capabilities being tested.
    (vi) Security incident response plan testing. A security-based swap
execution facility shall conduct security incident response plan
testing sufficient to satisfy the requirements set forth in paragraph
(b)(10) of this section.
    (A) A security-based swap execution facility shall conduct such
security incident response plan testing at a frequency determined by an
appropriate risk analysis.
    (B) A security-based swap execution facility's security incident
response plan shall include, without limitation, the security-based
swap execution facility's definition and classification of security
incidents, its policies and procedures for reporting security incidents
and for internal and external communication and information sharing
regarding security incidents, and the hand-off and escalation points in
its security incident response process.
    (C) A security-based swap execution facility may coordinate its
security incident response plan testing with other testing required by
this section or with testing of its other business continuity-disaster
recovery and crisis management plans.
    (D) A security-based swap execution facility may conduct security
incident response plan testing by engaging independent contractors or
by using employees of the security-based swap execution facility.
    (vii) Enterprise technology risk assessment. A security-based swap
execution facility shall conduct enterprise technology risk assessment
of a scope sufficient to satisfy the requirements set forth in
paragraph (b)(10) of this section.
    (A) A security-based swap execution facility shall conduct
enterprise technology risk assessment at a frequency determined by an
appropriate risk analysis. A security-based swap execution facility
that has conducted an enterprise technology risk assessment that
complies with this section may conduct subsequent assessments by
updating the previous assessment.
    (B) A security-based swap execution facility may conduct enterprise
technology risk assessments by using independent contractors or
employees of the security-based swap execution facility who are not
responsible for development or operation of the systems or capabilities
being assessed.
    (9) To the extent practicable, a security-based swap execution
facility shall:
    (i) Coordinate its business continuity-disaster recovery plan with
those of its members that it depends upon to provide liquidity, in a
manner adequate to enable effective resumption of activity in its
markets following a disruption causing activation of the security-based
swap execution facility's business continuity-disaster recovery plan;
    (ii) Initiate and coordinate periodic, synchronized testing of its
business continuity- disaster recovery plan with those of members that
it depends upon to provide liquidity; and
    (iii) Ensure that its business continuity-disaster recovery plan
takes into account the business continuity-disaster recovery plans of
its telecommunications, power, water, and other essential service
providers.
    (10) The scope for all system safeguards testing and assessment
required by this section shall be broad enough to include the testing
of automated systems and controls that the security-based swap
execution facility's required program of risk analysis and oversight
and its current cybersecurity threat analysis indicate is necessary to
identify risks and vulnerabilities that could enable an intruder or
unauthorized user or insider to:
    (i) Interfere with the security-based swap execution facility's
operations or with fulfillment of its statutory and regulatory
responsibilities;
    (ii) Impair or degrade the reliability, security, or adequate
scalable capacity of the security-based swap execution facility's
automated systems;
    (iii) Add to, delete, modify, exfiltrate, or compromise the
integrity of any data related to the security-based swap execution
facility's regulated activities; or
    (iv) Undertake any other unauthorized action affecting the
security-based swap execution facility's regulated activities or the
hardware or software used in connection with those activities.
    (11) Both the senior management and the governing board of a
security-based swap execution facility shall receive and review reports
setting forth the results of the testing and assessment required by
this section. A security-based swap execution facility shall establish
and follow appropriate procedures for the remediation of issues
identified through such review, as provided in paragraph (b)(12) of
this section, and for evaluation of the effectiveness of testing and
assessment protocols.
    (12) A security-based swap execution facility shall identify and
document the vulnerabilities and deficiencies in its systems revealed
by the testing and assessment required by this section. The security-
based swap execution facility shall conduct and document an appropriate
analysis of the risks presented by such vulnerabilities and
deficiencies, to determine and document whether to remediate or accept
the associated risk. When the security-based swap execution facility
determines to remediate a vulnerability or deficiency, it must
remediate in a timely manner given the nature and magnitude of the
associated risk.

Sec.  242.831  Core Principle 14--Designation of chief compliance
officer.

    (a)(1) In general. Each security-based swap execution facility
shall designate an individual to serve as a chief compliance officer.
    (2) Duties. The chief compliance officer shall:
    (i) Report directly to the board or to the senior officer of the
facility;
    (ii) Review compliance with the core principles in this subsection;
    (iii) In consultation with the board of the facility, a body
performing a function similar to that of a board, or the senior officer
of the facility, resolve any conflicts of interest that may arise;
    (iv) Be responsible for establishing and administering the policies
and procedures required to be established pursuant to this section;
    (v) Ensure compliance with the Act and the rules and regulations
issued

under the Act, including rules prescribed by the Commission pursuant to
section 3D of the Act;
    (vi) Establish procedures for the remediation of noncompliance
issues found during compliance office reviews, look backs, internal or
external audit findings, self-reported errors, or through validated
complaints; and
    (vii) Establish and follow appropriate procedures for the handling,
management response, remediation, retesting, and closing of
noncompliance issues.
    (3) Annual reports. (i) In general. In accordance with rules
prescribed by the Commission, the chief compliance officer shall
annually prepare and sign a report that contains a description of:
    (A) The compliance of the security-based swap execution facility
with the Act; and
    (B) The policies and procedures, including the code of ethics and
conflict of interest policies, of the security-based swap execution
facility.
    (ii) [Reserved]
    (4) Requirements. The chief compliance officer shall:
    (i) Submit each report described in paragraph (a)(3) of this
section with the appropriate financial report of the security-based
swap execution facility that is required to be submitted to the
Commission pursuant to this section; and
    (ii) Include in the report a certification that, under penalty of
law, the report is accurate and complete.
    (b) Authority of chief compliance officer. (1) The position of
chief compliance officer shall carry with it the authority and
resources to develop, in consultation with the governing board or
senior officer, the policies and procedures of the security-based swap
execution facility and enforce such policies and procedures to fulfill
the duties set forth for chief compliance officers in the Act and the
Commission's rules thereunder.
    (2) The chief compliance officer shall have supervisory authority
over all staff acting at the direction of the chief compliance officer.
    (c) Qualifications of chief compliance officer. (1) The individual
designated to serve as chief compliance officer shall have the
background and skills appropriate for fulfilling the responsibilities
of the position.
    (2) No individual that would be disqualified from serving on a
security-based swap execution facility's governing board or committees
pursuant to the criteria set forth in Sec.  242.819(i) may serve as a
chief compliance officer.
    (3) In determining whether the background and skills of a potential
chief compliance officer are appropriate for fulfilling the
responsibilities of the role of the chief compliance officer, a
security-based swap execution facility has the discretion to base its
determination on the totality of the qualifications of the potential
chief compliance officer, including, but not limited to, compliance
experience, related career experience, training, potential conflicts of
interest, and any other relevant factors to the position.
    (d) Appointment and removal of chief compliance officer. (1) Only
the governing board or the senior officer may appoint or remove the
chief compliance officer.
    (2) The security-based swap execution facility shall notify the
Commission within two business days of the appointment or removal,
whether interim or permanent, of a chief compliance officer.
    (e) Compensation of the chief compliance officer. The governing
board or the senior officer shall approve the compensation of the chief
compliance officer.
    (f) Annual meeting with the chief compliance officer. The chief
compliance officer shall meet with the governing board or senior
officer of the security-based swap execution facility at least
annually.
    (g) Information requested of the chief compliance officer. The
chief compliance officer shall provide any information regarding the
regulatory program of the security-based swap execution facility as
requested by the governing board or the senior officer.
    (h) Duties of chief compliance officer. The duties of the chief
compliance officer shall include, but are not limited to, the
following:
    (1) Overseeing and reviewing compliance of the security-based swap
execution facility with section 3D of the Act and the Commission rules
thereunder;
    (2) Taking reasonable steps, in consultation with the governing
board or the senior officer of the security-based swap execution
facility, to resolve any material conflicts of interest that may arise,
including, but not limited to:
    (i) Conflicts between business considerations and compliance
requirements;
    (ii) Conflicts between business considerations and the requirement
that the security-based swap execution facility provide fair, open, and
impartial access as set forth in Sec.  242.819(c); and
    (iii) Conflicts between a security-based swap execution facility's
management and members of the governing board;
    (3) Establishing and administering written policies and procedures
reasonably designed to prevent violations of the Act and the rules of
the Commission;
    (4) Taking reasonable steps to ensure compliance with the Act and
the rules of the Commission;
    (5) Establishing procedures reasonably designed to handle, respond,
remediate, retest, and resolve noncompliance issues identified by the
chief compliance officer through any means, including any compliance
office review, look-back, internal or external audit finding, self-
reported error, or validated complaint;
    (6) Establishing and administering a compliance manual designed to
promote compliance with the applicable laws, rules, and regulations and
a written code of ethics for the security-based swap execution facility
designed to prevent ethical violations and to promote honesty and
ethical conduct by personnel of the security-based swap execution
facility;
    (7) Supervising the regulatory program of the security-based swap
execution facility with respect to trade practice surveillance; market
surveillance; real-time market monitoring; compliance with audit trail
requirements; enforcement and disciplinary proceedings; audits,
examinations, and other regulatory responsibilities (including taking
reasonable steps to ensure compliance with, if applicable, financial
integrity, financial reporting, sales practice, recordkeeping, and
other requirements); and
    (8) Supervising the effectiveness and sufficiency of any regulatory
services provided to the security-based swap execution facility by a
regulatory service provider in accordance with Sec.  242.819(e).
    (i) Preparation of annual compliance report. The chief compliance
officer shall, not less than annually, prepare and sign an annual
compliance report that covers the prior fiscal year. The report shall,
at a minimum, contain:
    (1) A description and self-assessment of the effectiveness of the
written policies and procedures of the security-based swap execution
facility, including the code of ethics and conflict of interest
policies, to reasonably ensure compliance with the Act and applicable
Commission rules;
    (2) Any material changes made to compliance policies and procedures
during the coverage period for the report and any areas of improvement
or recommended changes to the compliance program;

    (3) A description of the financial, managerial, and operational
resources set aside for compliance with the Act and applicable
Commission rules;
    (4) Any material non-compliance matters identified and an
explanation of the corresponding action taken to resolve such non-
compliance matters; and
    (5) A certification by the chief compliance officer that, to the
best of their knowledge and reasonable belief, and under penalty of
law, the annual compliance report is accurate and complete in all
material respects.
    (j) Submission of annual compliance report and related matters. (1)
Furnishing the annual compliance report prior to submission to the
Commission. Prior to submission to the Commission, the chief compliance
officer shall provide the annual compliance report for review to the
governing board or, in the absence of a governing board, to the senior
officer. Members of the governing board and the senior officer shall
not require the chief compliance officer to make any changes to the
report.
    (2) Submission of annual compliance report to the Commission. The
annual compliance report shall be submitted electronically to the
Commission using the EDGAR system as an Interactive Data File in
accordance with Sec.  232.405 of this chapter not later than 90
calendar days after the end of the security-based swap execution
facility's fiscal year. The security-based swap execution facility
shall concurrently file the annual compliance report with the fourth-
quarter financial report pursuant to Sec.  242.829(g).
    (3) Amendments to annual compliance report. (i) Promptly upon
discovery of any material error or omission made in a previously filed
annual compliance report, the chief compliance officer shall file an
amendment with the Commission to correct the material error or
omission. The chief compliance officer shall submit the amended annual
compliance report to the governing board, or in the absence of a
governing board, to the senior officer, pursuant to paragraph (j)(1) of
this section.
    (ii) An amendment shall contain the certification required under
paragraph (i)(5) of this section.
    (4) Request for extension. A security-based swap execution facility
may request an extension of time to file its annual compliance report
from the Commission. Reasonable and valid requests for extensions of
the filing deadline may be granted at the discretion of the Commission.
    (k) Recordkeeping. A security-based swap execution facility shall
maintain all records demonstrating compliance with the duties of the
chief compliance officer and the preparation and submission of annual
compliance reports consistent with Sec.  242.826 (Core Principle 9).

Sec.  242.832  Application of the trade execution requirement to cross-
border security-based swap transactions.

    (a) The trade execution requirement set forth in section 3C(h) of
the Act shall not apply in connection with a security-based swap unless
at least one counterparty to the security-based swap is a ``covered
person'' as defined in paragraph (b) of this section.
    (b) A ``covered person'' means, with respect to a particular
security-based swap, any person that is:
    (1) A U.S. person;
    (2) A non-U.S. person whose performance under a security-based swap
is guaranteed by a U.S. person; or
    (3) A non-U.S. person who, in connection with its security-based
swap dealing activity, uses U.S. personnel located in a U.S. branch or
office, or personnel of an agent of such non-U.S. person located in a
U.S. branch or office, to arrange, negotiate, or execute a transaction.

Sec.  242.833  Cross-border exemptions.

    (a) Exemptions for foreign trading venues for security-based swaps.
An application for an order for exemptive relief under section 36(a)(1)
of the Act (15 U.S.C. 78mm(a)(1)) relating to the registration status
under the Act of a foreign trading venue for security-based swaps that
has one or more members who are covered persons, as defined in Sec.
242.832, with respect to security-based swaps transacted on that venue
may state that the application also is submitted pursuant to this
paragraph (a). In such case, the Commission will consider the
submission as an application to exempt the foreign trading venue, with
respect to its providing a market place for security-based swaps, from:
    (1) The definition of ``exchange'' in section 3(a)(1) of the Act
(15 U.S.C. 78c(a)(1));
    (2) The definition of ``security-based swap execution facility'' in
section 3(a)(77) of the Act (15 U.S.C. 78c(a)(77));
    (3) The definition of ``broker'' in section 3(a)(4) of the Act (15
U.S.C. 78c(a)(4)); and
    (4) Section 3D(a)(1) of the Act (15 U.S.C. 78c-4(a)(1)).
    (b) Exemptions relating to the trade execution requirement. (1) An
application for an order for exemptive relief under section 36(a)(1) of
the Act (15 U.S.C. 78mm(a)(1)) relating to the application of the trade
execution requirement in section 3C(h) of the Act (15 U.S.C. 78c-3(h))
to security-based swaps executed on a foreign trading venue, may state
that the application also is submitted pursuant to this paragraph (b).
    (2) When considering an application under section 36 of the Act (15
U.S.C. 78mm) and this paragraph (b), the Commission may consider:
    (i) The extent to which the security-based swaps traded in the
foreign jurisdiction covered by the request are subject to a trade
execution requirement comparable to that in section 3C(h) of the Act
(15 U.S.C. 78c-3(h)) and the Commission's rules thereunder;
    (ii) The extent to which trading venues in the foreign jurisdiction
covered by the request are subject to regulation and supervision
comparable to that under the Act, including section 3D of the Act (15
U.S.C. 78c-4), and the Commission's rules thereunder;
    (iii) Whether the foreign trading venue or venues where covered
persons, as defined in Sec.  242.832, intend to trade security-based
swaps have received an exemption order contemplated by paragraph (a) of
this section; and
    (iv) Any other factor that the Commission believes is relevant for
assessing whether the exemption is in the public interest and
consistent with the protection of investors.

Sec.  242.834  Mitigation of conflicts of interest of security-based
swap execution facilities and certain exchanges.

    (a) Definitions. For purposes of this section:
    Family relationship of a person means the person's spouse, former
spouse, parent, stepparent, child, stepchild, sibling, stepbrother,
stepsister, grandparent, grandchild, uncle, aunt, nephew, niece, or in-
law.
    Major disciplinary committee means a committee of persons who are
authorized by a security-based swap execution facility to conduct
disciplinary hearings, to settle disciplinary charges, to impose
disciplinary sanctions, or to hear appeals thereof in cases involving
any violation of the rules of the security-based swap execution
facility except those which:
    (i) Are related to decorum or attire, financial requirements, or
reporting or recordkeeping; and
    (ii) Do not involve fraud, deceit, or conversion.
    Member's affiliated firm is a firm in which the member is a
principal or an employee.

    Named party in interest means a person or entity that is identified
by name as a subject of any matter being considered by a governing
board, disciplinary committee, or oversight panel.
    Significant action includes any of the following types of actions
or rule changes by a security-based swap execution facility or SBS
exchange that can be implemented without the Commission's prior
approval:
    (i) Any actions or rule changes which address an emergency; and
    (ii) Any changes in margin levels that are designed to respond to
extraordinary market conditions such as an actual or attempted corner,
squeeze, congestion, or undue concentration of positions, or that
otherwise are likely to have a substantial effect on prices in any
contract traded or cleared at such security-based swap execution
facility or SBS exchange; but does not include any rule not submitted
for prior Commission approval because such rule is unrelated to the
terms and conditions of any security-based swap traded at such
security-based swap execution facility or SBS exchange.
    (b) Ownership and voting limitations. Each security-based swap
execution facility and SBS exchange shall not permit any of its
members, either alone or together with any officer, principal, or
employee of the member, to:
    (1) Own, directly or indirectly, 20 percent or more of any class of
voting securities or of other voting interest in the security-based
swap execution facility or SBS exchange; or
    (2) Directly or indirectly vote, cause the voting of, or give any
consent or proxy with respect to the voting of, any interest that
exceeds 20 percent of the voting power of any class of securities or of
other ownership interest in the security-based swap execution facility
or SBS exchange.
    (3) The ownership and voting limitations in paragraphs (b)(1) and
(2) of this section shall not apply to an SBSEF that has, pursuant to
Sec.  242.819(e), entered into an agreement with a registered futures
association or a national securities association for the provision of
regulatory services that encompass, at a minimum, real-time market
monitoring under Sec.  242.819(d)(5) and investigations and
investigation reports under Sec.  242.819(d)(6).
    (c) Enforcement of limitations. The rules of each security-based
swap execution facility and SBS exchange must be reasonably designed,
and have an effective mechanism, to:
    (1) Deny effect to the portion of any voting interest held by a
member in excess of the limitations in paragraph (b) of this section;
    (2) Compel a member who possesses a voting interest in excess of
the limitations in paragraph (b) of this section to divest enough of
that voting interest to come within those limitations; and
    (3) Obtain information relating to its ownership and voting
interests owned or controlled, directly or indirectly, by its members.
    (d) Disciplinary committees and hearing panels. Each security-based
swap execution facility and SBS exchange shall ensure that its
disciplinary processes preclude any member, or group or class of its
members, from dominating or exercising disproportionate influence on
the disciplinary process. Each major disciplinary committee or hearing
panel thereof shall include sufficient different groups or classes of
its members so as to ensure fairness and to prevent special treatment
or preference for any person or member in the conduct of the
responsibilities of the committee or panel.
    (e) Governing board composition. Each security-based swap execution
facility and SBS exchange shall ensure that:
    (1) Twenty percent or more of the persons who are eligible to vote
routinely on matters being considered by the governing board (excluding
those members who are eligible to vote only in the case of a tie vote
by the governing board) are:
    (i) Knowledgeable of security-based swap trading or financial
regulation, or otherwise capable of contributing to governing board
deliberations;
    (ii) Not members of the security-based swap execution facility or
SBS exchange;
    (iii) Not salaried employees of the security-based swap execution
facility or SBS exchange;
    (iv) Not primarily performing services for the security-based swap
execution facility or SBS exchange in a capacity other than as a member
of the governing board; and
    (v) Not officers, principals, or employees of a firm which holds a
membership at the security-based swap execution facility or SBS
exchange, either in its own name or through an employee on behalf of
the firm; and
    (2) The membership of the governing board includes a diversity of
groups or classes of its members. The security-based swap execution
facility or SBS exchange must be able to demonstrate that the board
membership fairly represents the diversity of interests at such
security-based swap execution facility or SBS exchange and is otherwise
consistent with the composition requirements of this section.
    (f) Providing information about the board to the Commission. Each
security-based swap execution facility and SBS exchange shall submit to
the Commission, within 30 days after each governing board election, a
list of the governing board's members, the groups or classes of its
members that they represent, and how the composition of the governing
board otherwise meets the requirements of this section.
    (g) Voting by interested members of governing boards and various
committees of security-based swap execution facilities and SBS
exchanges. (1) Rules required. Each security-based swap execution
facility and SBS exchange shall maintain in effect rules to address the
avoidance of conflicts of interest in the execution of its regulatory
functions. Such rules must provide for the following:
    (i) Relationship with named party in interest. (A) Nature of
relationship. A member of a governing board, disciplinary committee, or
oversight panel of a security-based swap execution facility or SBS
exchange must abstain from such body's deliberations and voting on any
matter involving a named party in interest where such member:
    (1) Is a named party in interest;
    (2) Is an employer, employee, or fellow employee of a named party
in interest;
    (3) Has any other significant, ongoing business relationship with a
named party in interest, not including relationships limited to
executing security-based swaps opposite of each other or to clearing
security-based swaps through the same clearing member; or
    (4) Has a family relationship with a named party in interest.
    (B) Disclosure of relationship. Prior to the consideration of any
matter involving a named party in interest, each member of a governing
board, disciplinary committee, or oversight panel of a security-based
swap execution facility or SBS exchange must disclose to the
appropriate staff of the security-based swap execution facility or SBS
exchange whether they have one of the relationships listed in paragraph
(g)(1)(i)(A) of this section with a named party in interest.
    (C) Procedure for determination. Each security-based swap execution
facility and SBS exchange must establish procedures for determining
whether any member of its governing board, disciplinary committees, or
oversight

committees is subject to a conflicts restriction in any matter
involving a named party in interest. Taking into consideration the
exigency of the committee action, such determinations should be based
upon:
    (1) Information provided by the member pursuant to paragraph
(g)(1)(i)(B) of this section; and
    (2) Any other source of information that is held by and reasonably
available to the security-based swap execution facility or SBS
exchange.
    (ii) Financial interest in a significant action. (A) Nature of
interest. A member of the governing board, disciplinary committee, or
oversight panel of a security-based swap execution facility or SBS
exchange must abstain from such body's deliberations and voting on any
significant action if the member knowingly has a direct and substantial
financial interest in the result of the vote based upon either exchange
or non-exchange positions that could reasonably be expected to be
affected by the action.
    (B) Disclosure of interest. Prior to the consideration of any
significant action, each member of a governing board, disciplinary
committee, or oversight panel of a security-based swap execution
facility or SBS exchange must disclose to the appropriate staff of the
security-based swap execution facility or SBS exchange the position
information referred to in paragraph (g)(1)(ii)(C) of this section that
is known to them. This requirement does not apply to members who choose
to abstain from deliberations and voting on the subject significant
action.
    (C) Procedure for determination. Each security-based swap execution
facility and SBS exchange must establish procedures for determining
whether any member of its governing board, disciplinary committees, or
oversight committees is subject to a conflicts restriction under this
section in any significant action. Such determination must include a
review of any positions, whether maintained at that security-based swap
execution facility, SBS exchange, or elsewhere, held in the member's
personal accounts or the proprietary accounts of the member's
affiliated firm that the security-based swap execution facility or SBS
exchange reasonably expects could be affected by the significant
action.
    (D) Bases for determination. Taking into consideration the exigency
of the significant action, such determinations should be based upon:
    (1) Information provided by the member with respect to positions
pursuant to paragraph (f)(2)(ii)(B) of this section; and
    (2) Any other source of information that is held by and reasonably
available to the security-based swap execution facility or SBS
exchange.
    (iii) Participation in deliberations. (A) Under the rules required
by this section, a governing board, disciplinary committee, or
oversight panel of a security-based swap execution facility or SBS
exchange may permit a member to participate in deliberations prior to a
vote on a significant action for which they otherwise would be required
to abstain, pursuant to paragraph (g)(1)(ii) of this section, if such
participation would be consistent with the public interest and the
member recuses from voting on such action.
    (B) In making a determination as to whether to permit a member to
participate in deliberations on a significant action for which they
otherwise would be required to abstain, the deliberating body shall
consider the following factors:
    (1) Whether the member's participation in deliberations is
necessary for the deliberating body to achieve a quorum in the matter;
and
    (2) Whether the member has unique or special expertise, knowledge,
or experience in the matter under consideration.
    (C) Prior to any determination pursuant to paragraph (g)(1)(iii)(A)
of this section, the deliberating body must fully consider the position
information which is the basis for the member's direct and substantial
financial interest in the result of a vote on a significant action
pursuant to paragraph (g)(1)(ii) of this section.
    (iv) Documentation of determination. The governing boards,
disciplinary committees, and oversight panels of each security-based
swap execution facility and SBS exchange must reflect in their minutes
or otherwise document that the conflicts determination procedures
required by this section have been followed. Such records also must
include:
    (A) The names of all members who attended the meeting in person or
who otherwise were present by electronic means;
    (B) The name of any members who voluntarily recused themselves or
were required to abstain from deliberations and/or voting on a matter
and the reason for the recusal or abstention, if stated; and
    (C) Information on the position information that was reviewed for
each member.
    (h) Rules required. (1) A security-based swap execution facility
shall maintain in effect rules to comply with this section that have
been submitted to the Commission pursuant to Sec.  242.806 or Sec.
242.807.
    (2) An SBS exchange shall maintain in effect rules to comply with
this section that have been submitted to the Commission pursuant to
Sec.  240.19b-4 of this chapter.

Sec.  242.835  Notice to Commission by security-based swap execution
facility of final disciplinary action or denial or limitation of
access.

    (a) If a security-based swap execution facility issues a final
disciplinary action against a member, or takes final action with
respect to a denial or conditioning membership, or takes final action
with respect to a denial or limitation of access of a person to any
services offered by the security-based swap execution facility, the
security-based swap execution facility shall file a notice of such
action with the Commission within 30 days and serve a copy on the
affected person.
    (b) For purposes of paragraph (a) of this section:
    (1) A disciplinary action shall not be considered ``final'' unless:
    (i) The affected person has exhausted their administrative remedies
at the security-based swap execution facility; and
    (ii) The disciplinary action is not a summary action permitted
under Sec.  242.819(g)(13)(ii).
    (2) A disposition of a matter with respect to a denial or
conditioning of membership, or a denial or limitation of access shall
not be considered ``final'' unless such person has exhausted their
administrative remedies at the security-based swap execution facility
with respect to such matter.
    (c) A notice required by paragraph (a) of this section shall
provide the following information:
    (1) The name of the member and its last known address, as reflected
in the security-based swap execution facility's records;
    (2) The name of the person, committee, or other organizational unit
of the security-based swap execution facility that initiated the
disciplinary action or access restriction;
    (3) In the case of a final disciplinary action:
    (i) A description of the acts or practices, or omissions to act,
upon which the sanction is based, including, as appropriate, the
specific rules that the security-based swap execution facility has
found to have been violated;
    (ii) A statement describing the respondent's answer to the charges;
and
    (iii) A statement of the sanction imposed and the reasons therefor;
    (4) In the case of a final action with respect to a denial or
conditioning of

membership, or a denial or limitation of access:
    (i) The financial or operating difficulty of the member or
prospective member (as the case may be) upon which the security-based
swap execution facility determined that the member or prospective
member could not be permitted to do, or continue to do, business with
safety to investors, creditors, other members, or the security-based
swap execution facility;
    (ii) The pertinent failure to meet qualification requirements or
other prerequisites for membership or access and the basis upon which
the security-based swap execution facility determined that the person
concerned could not be permitted to have membership or access with
safety to investors, creditors, other members, or the security-based
swap execution facility; or
    (iii) The default of any delivery of funds or securities to a
clearing agency by the member;
    (5) The effective date of the final disciplinary action, or final
action with respect to a denial or conditioning of membership, or a
denial or limitation of access; and
    (6) Any other information that the security-based swap execution
facility may deem relevant.

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
22. The general authority citation for part 249 continues to read in
part as follows:

    Authority: 15 U.S.C. 78a et seq. and 7201 et seq.; 12 U.S.C.
5461 et seq.; 18 U.S.C. 1350; Sec. 953(b), Pub. L. 111-203, 124
Stat. 1904; Sec. 102(a)(3), Pub. L. 112-106, 126 Stat. 309 (2012);
Sec. 107, Pub. L. 112-106, 126 Stat. 313 (2012), Sec. 72001, Pub. L.
114-94, 129 Stat. 1312 (2015), and secs. 2 and 3, Pub. L. 116-222,
134 Stat. 1063 (2020), unless otherwise noted.
* * * * *

0
23. Add subpart R to read as follows:

Subpart R--Forms for Registration of, and Filings by, Security-
Based Swap Execution Facilities

Sec.
249.1701 Form SBSEF.
249.1702 Security-Based Swap Execution Facility Cover Sheet.

Sec.  249.1701  Form SBSEF, for application for registration as a
security-based swap execution facility or to amend such application or
registration.

    This form shall be used for application for registration as a
security-based swap execution facility, pursuant to section 3D of the
Securities Exchange Act of 1934 (15 U.S.C. 78c-4) and Sec.  242.803 of
this chapter, or to amend such application or registration.

Sec.  249.1702  Submission cover sheet, for rule and product
submissions.

    This submission cover sheet shall be used by registered security-
based swap execution facilities for making submissions pursuant to
Sec. Sec.  242.804 through 242.807, 242.809, and 242.816).

0
24. Add Form SBSEF (referenced in Sec.  249.1701).

    Note:  Form SBSEF is attached as Appendix A to this document.
Form SBSEF will not appear in the Code of Federal Regulations.

0
25. Add Security-Based Swap Execution Facility Submission Cover Sheet
(referenced in Sec.  249.1702).

    Note:  Security-Based Swap Execution Facility Submission Cover
Sheet is attached as Appendix B to this document. The Security-Based
Swap Execution Facility Submission Cover Sheet will not appear in
the Code of Federal Regulations.

    By the Commission.

    Dated: November 2, 2023.
J. Matthew DeLesDernier,
Deputy Secretary.

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

Appendix A--Form SBSEF

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[FR Doc. 2023-24587 Filed 12-14-23; 8:45 am]
BILLING CODE 8011-01-C


[Federal Register Volume 85, Number 158 (Friday, August 14, 2020)]
[Notices]
[Pages 49703-49706]
[FR Doc No: 2020-17757]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89516; File No. SR-C2-2020-009]

Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 6.61 Concerning Off-Floor Transfers

August 10, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 29, 2020, Cboe C2 Exchange, Inc. (the ``Exchange'' or
``C2'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Exchange
filed the

proposal as a ``non-controversial'' proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6)
thereunder.\4\ The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe C2 Exchange, Inc. (the ``Exchange'' or ``C2'') proposes to
amend Rule 6.61. The text of the proposed rule change is provided
below. (additions are italicized; deletions are [bracketed])
* * * * *

Rules of Cboe C2 Exchange, Inc.

* * * * *

Rule 6.61. Off-Floor Transfers of Positions

    (a)-(c) No change.
    (d) Prior Written Notice. A Trading Permit Holder(s) and its
Clearing Trading Permit Holder(s) (to the extent that the Trading
Permit Holder is not self-clearing) must submit to the Exchange, in a
manner determined by the Exchange, written notice prior to effecting an
off-floor transfer from or to the account(s) of a Trading Permit
Holder(s), except that notification is not required for transfers [to
correct errors]effected pursuant to subparagraph (a)(1) or (a)(2) of
this Rule.
* * * * *
    (g) Routine, Recurring Transfers. The off-floor transfer procedure
set forth in this Rule is intended to facilitate non-routine, non-
recurring movements of positions[. The off-floor transfer procedure]
and is not to be used repeatedly or routinely[ in circumvention of the
normal auction market process], except for transfers between accounts
of the same person pursuant to subparagraph (a)(2). The off-floor
transfer procedure may not be used in circumvention of the normal
auction process.
* * * * *
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/ctwo/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Rule 6.61 describes exceptions to the prohibition against off-floor
transactions set forth in Rule 6.60, subject to certain conditions. The
exception in Rule 6.61(a)(2) provides that off-floor transfers of
positions are permissible if from one account to another account where
no change in ownership is involved (i.e., accounts of the same
person),\5\ provided the accounts are not in separate aggregation units
or otherwise subject to information barrier or account segregation
requirements. These transfers are subject to, among other things, the
requirement to submit prior written notice of the transfers to the
Exchange pursuant to paragraph (d) and the restriction on effecting
these transfers repeatedly or routinely.
---------------------------------------------------------------------------

    \5\ Rule 1.1 defines ``person'' as an individual, partnership
(general or limited), joint stock company, corporation, limited
liability company, trust, or unincorporated organization, or any
governmental entity or agency or political subdivision thereof.
---------------------------------------------------------------------------

    The proposed rule change excepts off-floor position transfers
effected pursuant to Rule 6.61(a)(2) from the prior written notice
requirement in paragraph (d) and from repeated, recurring use
restriction in paragraph (g). Off-floor position transfers pursuant to
Rule 6.61(a)(2) do not involve a change in ownership. In other words,
such transfers may only occur between the same individual or legal
entity. These types of transfers are merely transfers of positions from
one account to another, both of which accounts are attributable to the
same individual or legal entity, and thus the transferred option
positions will continue to be attributable to the same person. A market
participant effecting an off-floor position transfer pursuant to Rule
6.61(a)(2) is analogous to an individual transferring funds from a
checking account to a savings account, or from an account at one bank
to an account at another bank--the money still belongs to the same
person, who is just holding it in a different account for personal
financial reasons.
    Because there is no change in ownership of positions transferred
pursuant to Rule 6.61(a)(2), the Exchange believes it is appropriate to
permit them to occur as routinely and repeatedly as a market
participant would like. These transfers will continue to be subject to
the prohibition on netting set forth in Rule 6.61(b), and thus may not
result in the closing of any positions. While the off-floor position
transfers permitted by Rule 6.61 were intended to accommodate non-
routine and non-recurring transfers, the Exchange believes permitting
routine, recurring off-floor position transfers that do not result in a
change in ownership or reduction in open interest is consistent with
the purpose of not being used to circumvent the normal auction purpose.
Additionally, given that these transfers may occur on a regular basis
in accordance with a market participants' business needs and
procedures, the Exchange believes prior written notice would be onerous
and would not serve any purpose given the lack of change in ownership
and in open interest. The Exchange believes this will provide market
participants with additional flexibility to structure their option
position accounts as they believe is appropriate and move their
positions between accounts as they deem necessary and appropriate for
their business and trading needs, including for risk management
purposes.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\6\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \7\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and

open market and a national market system, and, in general, to protect
investors and the public interest. Additionally, the Exchange believes
the proposed rule change is consistent with the Section 6(b)(5) \8\
requirement that the rules of an exchange not be designed to permit
unfair discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed rule change will
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest because it will provide market
participants with a more efficient process to transfer open positions
between their own accounts in accordance with their own business and
trading needs, including to respond to then-current market conditions.
Because these transfers would not result in a change in ownership or a
reduction in open interest, the Exchange believes the proposed rule
change remains consistent with the purpose of Rule 6.61, which was to
prohibit use of the off-floor transfer procedure in circumvention of
the normal auction process, as the normal auction process involves the
opening or closing of positions through a transaction among multiple
market participants. Market participants may maintain different
accounts for a variety of reasons, such as the structure of their
businesses, the manner in which they trade, their risk management
procedures, and for capital purposes. Given that these transfers may
occur on a regular basis in accordance with a market participants'
business needs and procedures, the Exchange believes prior written
notice would be onerous and would not serve any purpose given the lack
of change in ownership and in open interest. Therefore, the proposed
rule change will benefit investors by permitting market participants to
manage the open positions in their accounts in a manner consistent with
their businesses.
    The Exchange recognizes the numerous benefits of executing options
transactions on an exchange, including price transparency, potential
price improvement, and a clearing guarantee. However, the Exchange
believes it is appropriate to permit position transfers among accounts
of the same individual or legal entity where there is no impact on open
interest to occur off the exchange, as these benefits are inapplicable
to those transfers. These transfers have a narrow scope and are
intended to permit market participants to achieve their own business
needs. These transfers are not intended to be a competitive trading
tool. There is no need for price discovery or improvement, as the
transfer merely moves positions to different accounts for the same
person and does not open or close any positions. These transfers will
result in no change in ownership. The transactions that resulted in the
open positions to be transferred pursuant to Rule 6.61(a)(2) were
already guaranteed by a clearing member of The Options Clearing
Corporation (``OCC''), and the positions may not be closed pursuant to
the transfer and will continue to be subject to OCC rules, as they will
continue to be held in an account with an OCC clearing member.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not intended to address competitive issues. The Exchange does not
believe that the proposed rule change will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because the proposed rule change
will apply to all market participants in the same manner. All market
participants will be able to effect off-floor position transfers
pursuant to Rule 6.61(a)(2) on a recurring or routine basis without
providing the Exchange with notice of such transfers. The Exchange does
not believe the proposed rule change will impose any burden on
intermarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because it relates solely to the
notice required for off-floor transfers that may occur today, and the
frequency with which those transfers may occur. These transfers will
continue to not result in a change in ownership or netting, and thus
will have no impact on outstanding option positions.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the foregoing proposed rule change does not: (i) Significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, it has become effective pursuant to
Section 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6) \12\
thereunder.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-C2-2020-009 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-C2-2020-009. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the

Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-C2-2020-009 and should be
submitted on or before September 4, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-17757 Filed 8-13-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 5, 2009 (Volume 74, Number 23)]
[Notices]
[Page 6214-6215]
[DOCID:fr05fe09-78]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-1999-6480; FMCSA-
2000-7165; FMCSA-2001-11426; FMCSA 2002-11714; FMCSA-2002-12294; FMCSA-
2003-14223; FMCSA-2004-17195; FMCSA-2004-17984; FMCSA-2005-21254;
FMCSA-2005-22194; FMCSA-2005-23238; FMCSA-2006-24015; FMCSA-2006-24783]

Qualification of Drivers; Exemption Renewals; Vision; Correction

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; Correction.

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

SUMMARY: On September 9, 2008 (73 FR 52451), October 17, 2008 (73 FR
61927), and October 31, 2008 (73 FR 65009), the Federal Motor Carrier
Safety Administration (FMCSA) published four notices of final
disposition in the Federal Register with an inadvertent error in each.
Those notices stated that the Agency did not receive comments in the
proceedings. This document corrects that error, because it was brought
to the Agency's attention that comments had been submitted. This
correction does not affect the Agency's previous decision to renew the
exemptions from the vision requirement in the Federal Motor Carrier
Safety Regulations for the individuals specifically identified in the
September 9, 2008, October 17, 2008 and October 31, 2008 final
disposition notices.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov, by accessing
the docket numbers in the heading of this notice.

Background

    FMCSA announced in the September 9, 2008, October 17, 2008 and
October 31, 2008 notices that no comments were received in the
proceedings. This was in error. The notices should read that comments
were received. The Advocates for Highway and Auto Safety filed the same
comment in all four proceedings.

Corrections

    1. In notice FR Doc. E8-20890 beginning on page 52451, second
column, under the separate headings of Discussion of Comments and
Conclusion, in the issue of Tuesday, September 9, 2008:
    2. In notice FR Doc. E8-224695 beginning on page 61927, second
column, under the separate headings of Discussion of Comments and
Conclusion, in the issue of Friday, October 17, 2008:
    3. In notice FR Doc. E8-224698 beginning on page 61927, third
column, under the separate headings of Discussion of Comments and
Conclusion, in the issue of Friday, October 17, 2008:
    4. In notice FR Doc. E8-26059 beginning on page 65010, first
column, under the separate headings of Discussion of Comments and
Conclusion, in the issue of Friday, October 31, 2008, change to read as
follows:

Discussion of Comments

    FMCSA received one comment in this proceeding. The comment was
considered and discussed below.
    Advocates for Highway and Auto Safety (Advocates) expressed
opposition to FMCSA's policy to grant exemptions from the FMCSR,
including the driver qualification standards. Specifically, Advocates:
(1) Objects to the manner in which FMCSA presents driver information to
the public and makes safety determinations; (2) objects to the Agency's
reliance on conclusions drawn from the vision waiver program; (3)
claims the Agency has misinterpreted statutory language on the granting
of exemptions (49 U.S.C. 31136(e) and 31315); and finally (4) suggests
that a 1999 Supreme Court decision affects the legal validity of vision
exemptions.
    The issues raised by Advocates were addressed at length in 64 FR
51568 (September 23, 1999), 64 FR 66962 (November 30, 1999), 64 FR
69586 (December 13, 1999), 65 FR 159 (January 3, 2000), 65 FR 57230
(September 21, 2000), and 66 FR 13825 (March 7, 2001). We will not
address these points again, but refer interested parties to those
earlier discussions.

Conclusion

    FMCSA has statutory authority to exempt individuals from the vision
requirement if the exemptions granted will not compromise safety. The
Agency has reviewed the comments submitted in response to the previous
announcements and concluded that granting these exemptions will provide
a level of safety that will be equivalent to, or greater than, the
level of safety maintained without the exemptions for these commercial
motor vehicle (CMV) drivers. The Agency has not received any adverse
evidence on any of these drivers that indicates that safety is being
compromised. Based upon evaluation of the renewal applicants, FMCSA
stands by its decision to renew the exemptions from the Federal Motor
Carrier Safety regulations for the 39 individuals specified in the
September 9, 2008 final disposition notice, the 34 individuals

and the 16 individuals specified in the two October 17, 2008 final
disposition notices and the 13 individuals specified in October 31,
2008 final disposition notice.
    In accordance with 49 U.S.C. 31136(e) and 31315, each renewal
exemption will be valid for 2 years unless revoked earlier by FMCSA.
The exemption will be revoked if: (1) The person fails to comply with
the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136 and 31315.

    Issued on: January 29, 2009
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-2437 Filed 2-4-09; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Proposed Rules]
[Page 55429]
[FR Doc No: 2023-17388]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R01-RCRA-2023-0264; FRL-11231-01-R1]

New Hampshire: Final Authorization of State Hazardous Waste
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: New Hampshire has applied to the Environmental Protection
Agency (EPA) for final authorization of revisions to its hazardous
waste program under the Resource Conservation and Recovery Act (RCRA),
as amended. The EPA proposes to grant final authorization to New
Hampshire for these revisions by a direct final rule, which can be
found in the ``Rules and Regulations'' section of this Federal
Register. We have explained the reasons for this authorization in the
preamble to the direct final rule. Unless EPA receives written comments
that oppose this authorization during the comment period, the direct
final rule will become effective on the date it establishes, and the
EPA will not take further action on this proposed rule.

DATES: Send your written comments by September 14, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2023-0264, at https://www.regulations.gov/. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tulasi Landes, RCRA Waste Management
and Lead Branch; Land, Chemicals and Redevelopment Division; EPA Region
1, 5 Post Office Square, Suite 100 (Mail code 07-1), Boston, MA 02109-
3912; phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of
this Federal Register, the EPA is authorizing the revisions by a direct
final rule. The EPA did not make a proposal prior to the direct final
rule because we believe this action is not controversial and do not
expect comments that oppose it. We have explained the reasons for this
authorization in the preamble to the direct final rule. Unless the EPA
receives adverse written comments that oppose this authorization during
the comment period, the direct final rule will become effective on the
date it establishes, and the EPA will not take further action on this
proposal. If the EPA receives comments that oppose this action, we will
withdraw the direct final rule and it will not take effect. The EPA
will then respond to public comments in a later final rule based on
this proposal. You may not have another opportunity for comment. If you
want to comment on this action, you should do so at this time. For
additional information, please see the direct final rule published in
the ``Rules and Regulations'' section of this Federal Register.

    Authority: This proposed action is issued under the authority of
sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act,
as amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: August 8, 2023.
David W. Cash,
Regional Administrator, U.S. EPA Region 1.
[FR Doc. 2023-17388 Filed 8-14-23; 8:45 am]
BILLING CODE 6560-50-P