Determination of Foreign Exchange Swaps and Forwards, 66426-66427 [2010-27274]
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Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices
Docket No.
Requester
Regulation
Nature of special permit
PHMSA–2010–0124 .............
Gulf South Pipeline Company,
LP.
49 CFR 192.611
To authorize GSPC to engage in an alternative approach to conduct risk
control activities based on Integrity Management Program principles
rather than lowering the Maximum Allowable Operating Pressure
(MAOP) or replacing the subject pipe segment. This application is for
three segments of GSPC Line TPL–880 in Mobile County, Alabama.
These segments have changed from Class 1 and 2 locations to Class
3. The pipeline is 30-inches in diameter and has a MAOP of 1,073
psig. The segments that have changed Class Locations are 2,763 feet
in length. The three segments are located at Station Number 318+78
ft. to Station Number 322+14 ft., Station Number 435+63 ft. to Station
Number 454+65 ft., and Station Number 455+85 ft. to Station Number
461+08 ft.
Authority: 49 U.S.C. 60118 (c)(1) and 49
CFR 1.53.
Issued in Washington, DC on October 20,
2010.
Linda Daugherty,
Deputy Associate Administrator for Policy
and Programs.
[FR Doc. 2010–27238 Filed 10–27–10; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF THE TREASURY
Determination of Foreign Exchange
Swaps and Forwards
Departmental Offices,
Department of the Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Commodity Exchange
Act (‘‘CEA’’), as amended by Title VII of
the Dodd-Frank Wall Street Reform and
Consumer Protection Act (‘‘Dodd-Frank
Act’’),1 permits the Secretary of the
Treasury to issue a written
determination exempting foreign
exchange swaps, foreign exchange
forwards, or both, from the definition of
a ‘‘swap’’ under the CEA. The Secretary
has made no determination whether an
exemption is warranted. Although not
required under the Dodd-Frank Act, the
Department of the Treasury invites
comment on whether such an
exemption for foreign exchange swaps,
foreign exchange forwards, or both, is
warranted and on the application of the
factors that the Secretary must consider
in making a determination regarding
these instruments.
DATES: Written comments must be
received on or before November 29,
2010, to be assured of consideration.
ADDRESSES: Submission of Comments:
Please submit comments electronically
through the Federal eRulemaking
Portal—‘‘Regulations.gov.’’ Go to https://
www.regulations.gov to submit or view
public comments. The ‘‘How to Use this
emcdonald on DSK2BSOYB1PROD with NOTICES
SUMMARY:
1 Public
Law 111–203, 124 Stat. 1376 (2010).
VerDate Mar<15>2010
16:13 Oct 27, 2010
Jkt 223001
Site’’ and ‘‘User Tips’’ link on the
Regulations.gov home page provides
information on using Regulations.gov,
including instructions for submitting or
viewing public comments, viewing
other supporting and related materials,
and viewing the docket after the close
of the comment period. Please include
your name, affiliation, address, e-mail
address and telephone number(s) in
your comment. All statements received,
including attachments and other
supporting materials, are part of the
public record and subject to public
disclosure. You should submit only
information that you wish to make
available publicly.
FOR FURTHER INFORMATION CONTACT:
Office of Financial Institutions Policy,
1500 Pennsylvania Avenue, NW.,
Washington, DC 20220, (202) 622–2730,
ofip@do.treas.gov.
SUPPLEMENTARY INFORMATION: Section
721 of the Dodd-Frank Act 2 amends
section 1a of the CEA which, in relevant
part, defines the term ‘‘swap’’ under the
CEA. Section 1a(47)(E) of the CEA
authorizes the Secretary of the Treasury
to make a written determination that
‘‘foreign exchange swaps’’ 3 or ‘‘foreign
exchange forwards,’’ 4 or both, should
not be regulated as swaps under the
CEA,5 as amended by the Dodd-Frank
Act, and are not structured to evade the
Dodd-Frank Act in violation of any rule
promulgated by the Commodity Futures
Trading Commission (‘‘CFTC’’).6
In making the determination whether
to exempt foreign exchange swaps and/
2 Public
Law 111–203, 124 Stat. 1376 (2010).
U.S.C. 1a(25) (‘‘a transaction that solely
involves—(A) an exchange of 2 different currencies
on a specific date at a fixed rate that is agreed upon
on the inception of the contract covering the
exchange; and (B) a reverse exchange of the 2
currencies described in subparagraph (A) at a later
date and at a fixed rate that is agreed upon on the
inception of the contract covering the exchange.’’).
4 7 U.S.C. 1a(24) (‘‘a transaction that solely
involves the exchange of 2 different currencies on
a specific future date at a fixed rate agreed upon on
the inception of the contract covering the
exchange.’’).
5 7 U.S.C. 1(a)(47)(E)(i)(I).
6 7 U.S.C. 1(a)(47)(E)(i)(II).
37
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Frm 00080
Fmt 4703
Sfmt 4703
or foreign exchange forwards,7 the
Secretary of the Treasury must consider
the following factors:
(1) Whether the required trading and
clearing of foreign exchange swaps and
foreign exchange forwards would create
systemic risk, lower transparency, or
threaten the financial stability of the
United States;
(2) Whether foreign exchange swaps
and foreign exchange forwards are
already subject to a regulatory scheme
that is materially comparable to that
established by the CEA for other classes
of swaps;
(3) The extent to which bank
regulators of participants in the foreign
exchange market provide adequate
supervision, including capital and
margin requirements;
(4) The extent of adequate payment
and settlement systems; and
(5) The use of a potential exemption
of foreign exchange swaps and foreign
exchange forwards to evade otherwise
applicable regulatory requirements.8
The Treasury Department is soliciting
comments on the above factors, and any
relevant information that may bear on
the regulation of foreign exchange
swaps and foreign exchange forwards as
‘‘swaps’’ under the CEA, to assist in the
Secretary’s consideration of whether to
issue a determination under section
1a(47) of the CEA.
In addition, the Treasury Department
is particularly interested in comments
on the questions set forth below:
(1) Are foreign exchange swaps and/
or foreign exchange forwards
qualitatively different from other classes
of swaps in a way that makes them illsuited for regulation as ‘‘swaps’’ under
the CEA? 9 Are there similarities
7 Notwithstanding any such determination by the
Secretary of the Treasury, all foreign exchange
swaps and forwards must be reported to a swap
data repository, and swap dealers and major swap
participants that are parties to foreign exchange
swaps and forwards transactions must conform to
business conduct standards pursuant to the
requirements of the Dodd-Frank Act and
implementing regulations thereunder.
8 7 U.S.C. 1b(a).
9 7 U.S.C. 1b(b)(1).
E:\FR\FM\28OCN1.SGM
28OCN1
emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices
between foreign exchange swaps and/or
foreign exchange forwards and other
products not defined as swaps under the
CEA?
(2) Are there objective differences
between swaps and foreign exchange
swaps and/or foreign exchange forwards
that warrant an exemption for either or
both of these instruments? 10
(3) Are there objective differences
between long-dated and short-dated
foreign exchange forwards and swaps
such that one class may be less suited
to regulation as ‘‘swaps’’ under the CEA
than the other? Is the same true for
dealer to dealer transactions versus
transactions where one counterparty is
a non-dealer? Similarly, does one or
more of the above-referenced, five
statutory factors support the application
of certain requirements set forth in the
CEA, but not others (e.g., centralized
clearing, but not exchange trading), to
foreign exchange swaps and/or foreign
exchange forwards?
(4) What are the primary risks in the
foreign exchange swaps and forwards
market, how significant are these risks,
and how are these risks currently
managed by market participants? Would
centralized clearing and exchange
trading address these risks? To what
extent do current payment-versuspayment settlement arrangements
address settlement risk?
(5) To what extent is counterparty
credit risk a significant concern in the
foreign exchange swaps and forwards
markets? If so, to what extent do current
market practices (including netting and
bilateral collateral support
arrangements) mitigate these risks?
What evidence, particularly during the
period between 2007 and present,
illustrate how current market practices
have either addressed, or failed to
respond, to these risks?
(6) Are there ways to mitigate the
risks posed by the trading of foreign
exchange swaps or foreign exchange
forwards without subjecting these
instruments to regulation under the
CEA?
(7) Are there existing safeguards or
systems that should be enhanced in
order to protect against systemic or
other risks in the foreign exchange
swaps and forwards markets? What
considerations are relevant to the
application of Title VIII of the DoddFrank Act to the foreign exchange swaps
and forwards markets, specifically to
enhance supervision, strengthen risk
management, and lower systemic risk?
(8) Given that the Dodd-Frank Act
requires all foreign exchange swaps and
forwards be reported to a swap data
10 7
U.S.C. 1b(b)(2).
VerDate Mar<15>2010
16:13 Oct 27, 2010
Jkt 223001
repository, what is the current standard
or practice in the foreign exchange
market for reporting trades?
(9) What would be the likely effects of
mandatory U.S. clearing of foreign
exchange swaps and/or forwards on
foreign exchange market liquidity in the
U.S. dollar? What would be the impact
on the operations of U.S. end-users and
U.S. dealers?
(10) What other factors should the
Secretary of the Treasury consider in
determining whether to exempt foreign
exchange swaps and/or forwards
pursuant to section 1a(47) of the CEA?
In addition, commenters are
encouraged to submit supporting
materials, including relevant
transactional data, that would assist the
Secretary’s consideration of the issues
relating to an exemption for foreign
exchange swaps or foreign exchange
forwards, or both, under section 1a(47)
of the CEA.
Dated: October 19, 2010.
Mary J. Miller,
Assistant Secretary for Financial Markets.
[FR Doc. 2010–27274 Filed 10–27–10; 8:45 am]
BILLING CODE 4810–25–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for Form 13551
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the IRS is
soliciting comments concerning Form
13551, Application to Participate in the
IRS Acceptance Agent Program.
DATES: Written comments should be
received on or before December 27, 2010
to be assured of consideration.
ADDRESSES: Direct all written comments
to Gerald Shields, Internal Revenue
Service, Room 6129, 1111 Constitution
Avenue, NW., Washington, DC 20224.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the form and instructions
should be directed to Elaine Christophe,
SUMMARY:
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
66427
(202) 622–3179, or at Internal Revenue
Service, Room 6129, 1111 Constitution
Avenue, NW., Washington, DC 20224,
or through the Internet, at
Elaine.H.Christophe@irs.gov.
SUPPLEMENTARY INFORMATION:
Title: Application to Participate in the
IRS Acceptance Agent Program.
OMB Number: 1545–1896.
Form Number: 13551.
Abstract: Form 13551 is used to
gather information to determine
applicant’s eligibility in the Acceptance
Agent Program.
Current Actions: There are no changes
being made to the form at this time.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses or other
for-profit organizations, not-for-profit
institutions, and Federal, state, local or
tribal government.
Estimated Number of Respondents:
12,825.
Estimated Time per Respondent: 30
minutes.
Estimated Total Annual Burden
Hours: 6,413.
The following paragraph applies to all
of the collections of information covered
by this notice:
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid OMB control number.
Books or records relating to a collection
of information must be retained as long
as their contents may become material
in the administration of any internal
revenue law. Generally, tax returns and
tax return information are confidential,
as required by 26 U.S.C. 6103.
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and (e) estimates of capital
or start-up costs and costs of operation,
maintenance, and purchase of services
to provide information.
E:\FR\FM\28OCN1.SGM
28OCN1
]]>Agencies
[Federal Register Volume 75, Number 208 (Thursday, October 28, 2010)]
[Notices]
[Pages 66426-66427]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27274]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Determination of Foreign Exchange Swaps and Forwards
AGENCY: Departmental Offices, Department of the Treasury.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Commodity Exchange Act (``CEA''), as amended by Title VII
of the Dodd-Frank Wall Street Reform and Consumer Protection Act
(``Dodd-Frank Act''),\1\ permits the Secretary of the Treasury to issue
a written determination exempting foreign exchange swaps, foreign
exchange forwards, or both, from the definition of a ``swap'' under the
CEA. The Secretary has made no determination whether an exemption is
warranted. Although not required under the Dodd-Frank Act, the
Department of the Treasury invites comment on whether such an exemption
for foreign exchange swaps, foreign exchange forwards, or both, is
warranted and on the application of the factors that the Secretary must
consider in making a determination regarding these instruments.
---------------------------------------------------------------------------
\1\ Public Law 111-203, 124 Stat. 1376 (2010).
DATES: Written comments must be received on or before November 29,
---------------------------------------------------------------------------
2010, to be assured of consideration.
ADDRESSES: Submission of Comments: Please submit comments
electronically through the Federal eRulemaking Portal--
``Regulations.gov.'' Go to https://www.regulations.gov to submit or view
public comments. The ``How to Use this Site'' and ``User Tips'' link on
the Regulations.gov home page provides information on using
Regulations.gov, including instructions for submitting or viewing
public comments, viewing other supporting and related materials, and
viewing the docket after the close of the comment period. Please
include your name, affiliation, address, e-mail address and telephone
number(s) in your comment. All statements received, including
attachments and other supporting materials, are part of the public
record and subject to public disclosure. You should submit only
information that you wish to make available publicly.
FOR FURTHER INFORMATION CONTACT: Office of Financial Institutions
Policy, 1500 Pennsylvania Avenue, NW., Washington, DC 20220, (202) 622-
2730, ofip@do.treas.gov.
SUPPLEMENTARY INFORMATION: Section 721 of the Dodd-Frank Act \2\ amends
section 1a of the CEA which, in relevant part, defines the term
``swap'' under the CEA. Section 1a(47)(E) of the CEA authorizes the
Secretary of the Treasury to make a written determination that
``foreign exchange swaps'' \3\ or ``foreign exchange forwards,'' \4\ or
both, should not be regulated as swaps under the CEA,\5\ as amended by
the Dodd-Frank Act, and are not structured to evade the Dodd-Frank Act
in violation of any rule promulgated by the Commodity Futures Trading
Commission (``CFTC'').\6\
---------------------------------------------------------------------------
\2\ Public Law 111-203, 124 Stat. 1376 (2010).
\3\ 7 U.S.C. 1a(25) (``a transaction that solely involves--(A)
an exchange of 2 different currencies on a specific date at a fixed
rate that is agreed upon on the inception of the contract covering
the exchange; and (B) a reverse exchange of the 2 currencies
described in subparagraph (A) at a later date and at a fixed rate
that is agreed upon on the inception of the contract covering the
exchange.'').
\4\ 7 U.S.C. 1a(24) (``a transaction that solely involves the
exchange of 2 different currencies on a specific future date at a
fixed rate agreed upon on the inception of the contract covering the
exchange.'').
\5\ 7 U.S.C. 1(a)(47)(E)(i)(I).
\6\ 7 U.S.C. 1(a)(47)(E)(i)(II).
---------------------------------------------------------------------------
In making the determination whether to exempt foreign exchange
swaps and/or foreign exchange forwards,\7\ the Secretary of the
Treasury must consider the following factors:
---------------------------------------------------------------------------
\7\ Notwithstanding any such determination by the Secretary of
the Treasury, all foreign exchange swaps and forwards must be
reported to a swap data repository, and swap dealers and major swap
participants that are parties to foreign exchange swaps and forwards
transactions must conform to business conduct standards pursuant to
the requirements of the Dodd-Frank Act and implementing regulations
thereunder.
---------------------------------------------------------------------------
(1) Whether the required trading and clearing of foreign exchange
swaps and foreign exchange forwards would create systemic risk, lower
transparency, or threaten the financial stability of the United States;
(2) Whether foreign exchange swaps and foreign exchange forwards
are already subject to a regulatory scheme that is materially
comparable to that established by the CEA for other classes of swaps;
(3) The extent to which bank regulators of participants in the
foreign exchange market provide adequate supervision, including capital
and margin requirements;
(4) The extent of adequate payment and settlement systems; and
(5) The use of a potential exemption of foreign exchange swaps and
foreign exchange forwards to evade otherwise applicable regulatory
requirements.\8\
---------------------------------------------------------------------------
\8\ 7 U.S.C. 1b(a).
---------------------------------------------------------------------------
The Treasury Department is soliciting comments on the above
factors, and any relevant information that may bear on the regulation
of foreign exchange swaps and foreign exchange forwards as ``swaps''
under the CEA, to assist in the Secretary's consideration of whether to
issue a determination under section 1a(47) of the CEA.
In addition, the Treasury Department is particularly interested in
comments on the questions set forth below:
(1) Are foreign exchange swaps and/or foreign exchange forwards
qualitatively different from other classes of swaps in a way that makes
them ill-suited for regulation as ``swaps'' under the CEA? \9\ Are
there similarities
[[Page 66427]]
between foreign exchange swaps and/or foreign exchange forwards and
other products not defined as swaps under the CEA?
---------------------------------------------------------------------------
\9\ 7 U.S.C. 1b(b)(1).
---------------------------------------------------------------------------
(2) Are there objective differences between swaps and foreign
exchange swaps and/or foreign exchange forwards that warrant an
exemption for either or both of these instruments? \10\
---------------------------------------------------------------------------
\10\ 7 U.S.C. 1b(b)(2).
---------------------------------------------------------------------------
(3) Are there objective differences between long-dated and short-
dated foreign exchange forwards and swaps such that one class may be
less suited to regulation as ``swaps'' under the CEA than the other? Is
the same true for dealer to dealer transactions versus transactions
where one counterparty is a non-dealer? Similarly, does one or more of
the above-referenced, five statutory factors support the application of
certain requirements set forth in the CEA, but not others (e.g.,
centralized clearing, but not exchange trading), to foreign exchange
swaps and/or foreign exchange forwards?
(4) What are the primary risks in the foreign exchange swaps and
forwards market, how significant are these risks, and how are these
risks currently managed by market participants? Would centralized
clearing and exchange trading address these risks? To what extent do
current payment-versus-payment settlement arrangements address
settlement risk?
(5) To what extent is counterparty credit risk a significant
concern in the foreign exchange swaps and forwards markets? If so, to
what extent do current market practices (including netting and
bilateral collateral support arrangements) mitigate these risks? What
evidence, particularly during the period between 2007 and present,
illustrate how current market practices have either addressed, or
failed to respond, to these risks?
(6) Are there ways to mitigate the risks posed by the trading of
foreign exchange swaps or foreign exchange forwards without subjecting
these instruments to regulation under the CEA?
(7) Are there existing safeguards or systems that should be
enhanced in order to protect against systemic or other risks in the
foreign exchange swaps and forwards markets? What considerations are
relevant to the application of Title VIII of the Dodd-Frank Act to the
foreign exchange swaps and forwards markets, specifically to enhance
supervision, strengthen risk management, and lower systemic risk?
(8) Given that the Dodd-Frank Act requires all foreign exchange
swaps and forwards be reported to a swap data repository, what is the
current standard or practice in the foreign exchange market for
reporting trades?
(9) What would be the likely effects of mandatory U.S. clearing of
foreign exchange swaps and/or forwards on foreign exchange market
liquidity in the U.S. dollar? What would be the impact on the
operations of U.S. end-users and U.S. dealers?
(10) What other factors should the Secretary of the Treasury
consider in determining whether to exempt foreign exchange swaps and/or
forwards pursuant to section 1a(47) of the CEA?
In addition, commenters are encouraged to submit supporting
materials, including relevant transactional data, that would assist the
Secretary's consideration of the issues relating to an exemption for
foreign exchange swaps or foreign exchange forwards, or both, under
section 1a(47) of the CEA.
Dated: October 19, 2010.
Mary J. Miller,
Assistant Secretary for Financial Markets.
[FR Doc. 2010-27274 Filed 10-27-10; 8:45 am]
BILLING CODE 4810-25-P
