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Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants; Correction

---
identifier: "/us/fr/2017-25627"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants; Correction"
title_number: 0
title_name: "Federal Register"
section_number: "2017-25627"
section_name: "Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants; Correction"
positive_law: false
currency: "2017-11-28"
last_updated: "2017-11-28"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Commodity Futures Trading Commission"
document_number: "2017-25627"
document_type: "rule"
publication_date: "2017-11-28"
agencies:
  - "Commodity Futures Trading Commission"
cfr_references:
  - "17 CFR Part 23"
rin: "3038-AC97"
fr_citation: "82 FR 56169"
fr_volume: 82
effective_date: "2017-11-28"
fr_action: "Correcting amendments."
---

#  Forms of margin.

**AGENCY:**

Commodity Futures Trading Commission.

**ACTION:**

Correcting amendments.

**SUMMARY:**

The Commodity Futures Trading Commission (CFTC or Commission) is correcting a final rule published in the *Federal Register* on January 6, 2016. The rule, concerning margin requirements for uncleared swaps for swap dealers and major swap participants, took effect on April 1, 2016. This correction rectifies errors in cross-references in a particular section of the final rule.

**DATES:**

Effective on November 28, 2017.

**FOR FURTHER INFORMATION CONTACT:**

Thomas Smith, Deputy Director, 202-418-5495, *[email protected],* or Mark Bretscher, Attorney-Advisor, 312-596-0529, *[email protected],* Division of Swap Dealer and Intermediary Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581.

**SUPPLEMENTARY INFORMATION:**

In the *Federal Register* of January 6, 2016 (81 FR 636), the CFTC published final rules adopting new regulations to implement a particular provision of the Commodity Exchange Act (CEA), as added by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). [^1] This provision requires the Commission to adopt initial and variation margin requirements for certain swap dealers and major swap participants. In implementing the regulations, staff has discovered cross-reference errors in § 23.156 of the regulations. As published, 17 CFR 23.156(a)(3) includes erroneous cross-references to 17 CFR 23.156(a)(1)(iv). Instead, the cross-references should be to 17 CFR 23.156(a)(1)(v). Accordingly, the Commission is making a correcting amendment to 17 CFR 23.156(a)(3) that removes the erroneous cross-references to 17 CFR 23.156(a)(1)(iv) and replaces them with corrected cross-references to 17 CFR 23.156(a)(1)(v).

[^1]*See* Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203, 124 Stat. 1376 (2010).

**List of Subjects in 17 CFR Part 23**

Swaps, Swap dealers, Major swap participants, Capital and margin requirements.

Accordingly, 17 CFR part 23 is corrected by making the following correcting amendments:

**PART 23—SWAP DEALERS AND MAJOR SWAP PARTICIPANTS**

**17 CFR Part 23**

1. The authority citation for part 23 continues to read as follows:

**Authority:**

7 U.S.C. 1a, 2, 6, 6a, 6b, 6b-1, 6c, 6p, 6r, 6s, 6t, 9, 9a, 12, 12a, 13b, 13c, 16a, 18, 19, 21.

**17 CFR Part 23**

2. In § 23.156, revise paragraph (a)(3)(i)(B) to read as follows:

§ 23.156

(a) * * *

(3) * * *

(i) * * *

(B) The discounts set forth in the following table:

|  |  |
| --- | --- |
| Cash in same currency as swap obligation | 0.0 |
| Eligible government and related debt (
                                    
                                     central bank, multilateral development bank, GSE securities identified in paragraph (a)(1)(v) of this section): Residual maturity less than one-year | 0.5 |
| Eligible government and related debt (
                                    
                                     central bank, multilateral development bank, GSE securities identified in paragraph (a)(1)(v) of this section): Residual maturity between one and five years | 2.0 |
| Eligible government and related debt (
                                    
                                     central bank, multilateral development bank, GSE securities identified in paragraph (a)(1)(v) of this section): Residual maturity greater than five years | 4.0 |
| Eligible corporate debt (including eligible GSE debt securities not identified in paragraph (a)(1)(v) of this section): Residual maturity less than one-year | 1.0 |
| Eligible corporate debt (including eligible GSE debt securities not identified in paragraph (a)(1)(v) of this section): Residual maturity between one and five years | 4.0 |
| Eligible corporate debt (including eligible GSE debt securities not identified in paragraph (a)(1)(v) of this section): Residual maturity greater than five years | 8.0 |
| Equities included in S&P 500 or related index | 15.0 |
| Equities included in S&P 1500 Composite or related index but not S&P 500 or related index | 25.0 |
| Gold | 15.0 |
| Additional (additive) haircut on asset in which the currency of the swap obligation differs from that of the collateral asset | 8.0 |

Issued in Washington, DC, on November 21, 2017, by the Commission.

Christopher J. Kirkpatrick,

Secretary of the Commission.

**Note:**

The following appendix will not appear in the Code of Federal Regulations.

**Appendix to Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants; Correction—Commission Voting Summary**

On this matter, Chairman Giancarlo and Commissioners Quintenz and Behnam voted in the affirmative. No Commissioner voted in the negative.