Recordkeeping and Reporting Requirements for Security-Based Swap Dealers, Major Security-Based Swap Participants, and Broker-Dealers; Correction, 31115-31117 [2021-11572]
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Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it establishes
Class E airspace extending upward from
700 feet above the surface at Tobey
Hospital Heliport in Wareham, MA, to
support IFR operations in the area.
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History
The FAA published a notice of
proposed rulemaking in the Federal
Register (86 FR 3896, January 15, 2021)
for Docket No. FAA–2020–1187 to
establish Class E airspace extending
upward from 700 feet above the surface
at Tobey Hospital Heliport, Wareham,
MA, to accommodate area navigation
(RNAV) global positioning system (GPS)
standard instrument approach
procedures (SIAPs) serving this heliport.
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal to the FAA. No comments
were received.
Class E airspace designations are
published in Paragraph 6005, of FAA
Order 7400.11E, dated July 21, 2020,
and effective September 15, 2020, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020,
and effective September 15, 2020. FAA
Order 7400.11E is publicly available as
listed in the ADDRESSES section of this
document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas,
air traffic routes, and reporting points.
The Rule
The FAA is amending 14 CFR part 71
by establishing Class E airspace
extending upward from 700 feet above
the surface at Tobey Hospital Heliport,
VerDate Sep<11>2014
17:30 Jun 10, 2021
Jkt 253001
Wareham, MA, providing the controlled
airspace required to support the new
RNAV (GPS) standard instrument
approach procedures for IFR operations
at Tobey Hospital Heliport. Subsequent
to publication of the Notice of Proposed
Rulemaking, the FAA found the
geographic coordinates of Tobey
Hospital Heliport were incorrect. This
action corrects the error. These changes
are necessary for continued safety and
management of IFR operations in the
area.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is minimal. Since this is a
routine matter that only affects air traffic
procedures an air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air)
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
31115
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting
Points, dated July 21, 2020, and
effective September 15, 2020, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
ANE MA E5 Wareham, MA [New]
Tobey Hospital Heliport, MA
(Lat. 41°45′18″ N, long. 70°42′52″ W)
That airspace extending upward from 700
feet above the surface within a 6-mile radius
of Tobey Hospital Heliport.
Issued in College Park, Georgia, on June 7,
2021.
Andreese C. Davis,
Manager, Airspace & Procedures Team South,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2021–12276 Filed 6–10–21; 8:45 am]
BILLING CODE 4910–13–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Parts 200, 240 and 249
[Release No. 34–87005B; File No. S7–05–
14]
RIN 3235–AL45
Recordkeeping and Reporting
Requirements for Security-Based
Swap Dealers, Major Security-Based
Swap Participants, and BrokerDealers; Correction
Securities and Exchange
Commission.
ACTION: Final rule; correcting
amendment.
AGENCY:
On September 19, 2019, the
Securities and Exchange Commission
(the ‘‘Commission’’) adopted
recordkeeping, reporting, and
notification requirements applicable to
security-based swap dealers and major
security-based swap participants,
securities count requirements applicable
to certain security-based swap dealers,
and additional recordkeeping
SUMMARY:
E:\FR\FM\11JNR1.SGM
11JNR1
31116
Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations
17 CFR Part 240
Administrative practice and
procedure, Brokers, Confidential
business information, Fraud, Reporting
and recordkeeping requirements,
Securities, Swaps.
17 CFR Part 249
Brokers, Recordkeeping and reporting
requirements, Securities.
Accordingly, 17 CFR parts 240 and
249 are corrected by making the
following correcting amendments:
PART 240—GENERAL RULES AND
REGULATIONS, SECURITIES
EXCHANGE ACT OF 1934
*
1. The authority citation for part 240
continues to read, in part, as follows:
jbell on DSKJLSW7X2PROD with RULES
Authority: 15 U.S.C. 77c, 77d, 77g, 77j,
77s, 77z–2, 77z–3, 77eee, 77ggg, 77nnn,
77sss, 77ttt, 78c, 78c–3, 78c–5, 78d, 78e, 78f,
78g, 78i, 78j, 78j–1, 78k, 78k–1, 78l, 78m,
78n, 78n–1, 78o, 78o–4, 78o–10, 78p, 78q,
78q–1, 78s, 78u–5, 78w, 78x, 78dd, 78ll,
78mm, 80a–20, 80a–23, 80a–29, 80a–37,
80b–3, 80b–4, 80b–11, and 7201 et seq., and
8302; 7 U.S.C. 2(c)(2)(E); 12 U.S.C. 5221(e)(3);
18 U.S.C. 1350; Pub. L. 111–203, 939A, 124
Stat. 1376 (2010); and Pub. L. 112–106, sec.
503 and 602, 126 Stat. 326 (2012), unless
otherwise noted.
*
*
*
*
Section 240.17a–14 is also issued under
Public Law 111–203, sec. 913, 124 Stat. 1376
(2010).
*
*
*
*
*
2. Amend § 240.17a–4 by revising
paragraphs (a) and (l) to read as follows:
■
VerDate Sep<11>2014
17:30 Jun 10, 2021
Jkt 253001
*
*
*
*
(a) Every member, broker or dealer
subject to § 240.17a–3 must preserve for
a period of not less than 6 years, the first
two years in an easily accessible place,
all records required to be made pursuant
to § 240.17a–3(a)(1) through (3), (5), and
(21) and (22), and analogous records
created pursuant to § 240.17a–3(e).
*
*
*
*
*
(l) Records for the most recent two
year period required to be made
pursuant to § 240.17a–3(f) and
paragraphs (b)(4) and (e)(7) of this
section which relate to an office shall be
maintained at the office to which they
relate. If an office is a private residence
where only one associated person (or
multiple associated persons who reside
at that location and are members of the
same immediate family) regularly
conducts business, and it is not held out
to the public as an office nor are funds
or securities of any customer of the
member, broker or dealer handled there,
the member, broker or dealer need not
maintain records at that office, but the
records must be maintained at another
location within the same State as the
member, broker or dealer may select.
Rather than maintain the records at each
office, the member, broker or dealer may
choose to produce the records promptly
at the request of a representative of a
securities regulatory authority at the
office to which they relate or at another
location agreed to by the representative.
*
*
*
*
*
■ 3. Amend § 240.17a–12 by revising
paragraph (i)(2) to read as follows:
§ 240.17a–12 Reports to be made by
certain OTC derivatives dealers.
■
*
*
*
*
*
*
(i) * * *
(2) If, during the course of the audit
or interim work, the certified public
accountant determines that any material
inadequacies exist in the accounting
system, internal accounting controls,
procedures for safeguarding securities,
or as otherwise defined in paragraph
(h)(2) of this section, then the certified
public accountant shall call it to the
attention of the chief financial officer of
the OTC derivatives dealer, who shall
inform the Commission by telegraphic
or facsimile notice within 24 hours
thereafter as set forth in § 240.17a–11.
The OTC derivatives dealer shall also
furnish the certified public accountant
with a copy of said notice to the
Commission by telegram or facsimile
within the same 24 hour period. If the
certified public accountant fails to
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
receive such notice from the OTC
derivatives dealer within that 24 hour
period, or if the certified public
accountant disagrees with the
statements contained in the notice of the
OTC derivatives dealer, the certified
public accountant shall inform the
Commission by report of material
inadequacy within 24 hours thereafter
as set forth in § 240.17a-11. Such report
from the certified public accountant
shall, if the OTC derivatives dealer
failed to file a notice, describe any
material inadequacies found to exist. If
the OTC derivatives dealer filed a
notice, the certified public accountant
shall file a report detailing the aspects,
if any, of the OTC derivatives dealer’s
notice with which the certified public
accountant does not agree.
*
*
*
*
*
PART 249—FORMS, SECURITIES
EXCHANGE ACT OF 1934
4. The 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), and Sec. 72001, Pub. L. 114–94,
129 Stat. 1312 (2015), unless otherwise
noted.
*
*
*
*
*
Section 249.617 is also issued under Pub.
L. 111–203, 939, 939A, 124. Stat. 1376 (2010)
(15 U.S.C. 78c, 15 U.S.C. 78o–7 note).
*
*
*
*
*
Note: The text of Part II of Form
X–17A–5 does not, and this amendment will
not, appear in the Code of Federal
Regulations.
5. Amend Part II of Form X–17A–5
(referenced in § 249.617 of this chapter)
by:
■ a. Removing ‘‘10. Market risk
exposure—for Basel 2.5 firms (sum of
Lines 10E, 10H, 10I, 10J, 10K, 10L, 10N,
and 10O)
■
1127761"
and adding in its place ‘‘10. Market risk
exposure—for Basel 2.5 firms (sum of
Lines 10E, 10H, 10I, 10J, 10K, 10L, 10M,
10N, and 10O)
1127761".
b. Removing ‘‘Total aggregate
indebtedness liabilities from Statement
of Financial Condition (Item 1760)’’ and
adding in its place ‘‘Total aggregate
indebtedness liabilities from Statement
of Financial Condition (Item 1230)’’.
■
E:\FR\FM\11JNR1.SGM
11JNR1
ER11JN21.002</GPH>
List of Subjects
§ 240.17a–4 Records to be preserved by
certain exchange members, brokers and
dealers.
ER11JN21.001</GPH>
requirements applicable to brokerdealers to account for their securitybased swap and swap activities. Release
34–87005 (Sept. 19, 2019) was
published in the Federal Register on
Dec. 16, 2019 ( ). This document corrects
certain technical inaccuracies in that
release.
DATES: Effective June 11, 2021.
FOR FURTHER INFORMATION CONTACT:
Valentina Minak Deng, Special Counsel,
at (202) 551–5778; Division of Trading
and Markets, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–7010.
SUPPLEMENTARY INFORMATION: We are
making technical corrections to 17 CFR
240.17a–4 and 17 CFR 240.17a–12
under the Securities Exchange Act of
1934, and Parts II and IIC of Form
X–17A–5 (referenced in 17 CFR
249.617). The release resulting in the
technical inaccuracies was published in
the Federal Register on December 16,
2019 [84 FR 68550], and adopted by the
Commission in Exchange Act Release
No. 87005 on September 19, 2019.
BILLING CODE 8011–01–P
142601".
e. Removing ‘‘(k)(1)—$2,500 capital
category as per Rule 15c3–3’’ and
adding in its place ‘‘(k)(1)—Limited
business (mutual funds and/or variable
annuities only)’’ in the ‘‘Claiming an
Exemption from Rule 15c3–3’’ section.
■ f. Removing ‘‘3. Other accrued
withdrawals’’ and adding in its place
‘‘3. Other anticipated withdrawals’’ in
the ‘‘Other Capital Withdrawals—
Recap’’ section.
■ g. In the ‘‘Computation of CFTC
Minimum Capital Requirements’’
section, removing
‘‘v. Enter the sum of Lines A.ii and
A.iv. . . . . lll
■
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 130 and 131
[Docket No. FDA–2000–P–0126 (formerly
Docket No. 2000P–0685)]
RIN 0910–AI40
Milk and Cream Products and Yogurt
Products; Final Rule To Revoke the
Standards for Lowfat Yogurt and
Nonfat Yogurt and To Amend the
Standard for Yogurt
AGENCY:
ACTION:
174461
174471
vii. Enter the sum of Lines A.ii, A.iv,
and A.vi. . . . . $lll
174551"
jbell on DSKJLSW7X2PROD with RULES
Note: The text of Part IIC of Form
X–17A–5 does not, and this amendment will
not, appear in the Code of Federal
Regulations.
6. Amend Part IIC of Form X–17A–5
(referenced in § 249.617 of this chapter)
by:
■ a. Removing
■
"~200b~', "16631 bl" and "l6636b~'
17:30 Jun 10, 2021
Jkt 253001
Final rule.
The Food and Drug
Administration (FDA or we) is issuing a
final rule to revoke the standards of
identity for lowfat yogurt and nonfat
yogurt and amend the standard of
identity for yogurt in numerous
respects. This action is in response, in
part, to a citizen petition submitted by
the National Yogurt Association (NYA).
The final rule modernizes the yogurt
standard to allow for technological
advances while preserving the basic
nature and essential characteristics of
yogurt and promoting honesty and fair
dealing in the interest of consumers.
DATES: This rule is effective July 12,
2021. The Director of the Federal
Register approves the incorporation by
reference of certain publications listed
in the rule as of July 12, 2021.
The compliance date of this final rule
is January 1, 2024. See section X for
further information on the filing of
objections.
SUMMARY:
vi. If the FCM is also registered as a
swap dealer, enter 2% of Line
A.v. . . . . $lll
VerDate Sep<11>2014
Food and Drug Administration,
HHS.
and adding in its place:
‘‘v. Amount of uncleared swap
margin. . . . . $lll
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand Delivery/Courier (for
written/paper submissions): Dockets
Management Staff (HFA–305), Food and
Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper objections
submitted to the Dockets Management
Staff, FDA will post your objection, as
well as any attachments, except for
information submitted, marked and
identified, as confidential, if submitted
as detailed in ‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2000–P–0126 for ‘‘Milk and Cream
E:\FR\FM\11JNR1.SGM
11JNR1
ER11JN21.014</GPH>
ER11JN21.013</GPH>
[FR Doc. 2021–11572 Filed 6–10–21; 8:45 am]
Electronic Submissions
Submit electronic objections in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Objections submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
objection will be made public, you are
solely responsible for ensuring that your
objection does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
objection, that information will be
posted on https://www.regulations.gov.
• If you want to submit an objection
with confidential information that you
do not wish to be made available to the
public, submit the objection as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
ER11JN21.012</GPH>
Dated: May 27, 2021.
Vanessa A. Countryman,
Secretary.
ER11JN21.011</GPH>
@2621) $
respectively.
ER11JN21.010</GPH>
and adding in its place ‘‘B. Additions
(including non-conforming capital of $
"l7206bij" and "l7205bbl",
ER11JN21.009</GPH>
@263b $ _ _ 142601"
"l7206bl" and "l7205bl"
in Lines 9 and 10 of Column B the
Regulatory Capital section and adding
in its place
ER11JN21.008</GPH>
in the ‘‘Statement of Income (Loss) or
Statement of Comprehensive Income, As
Applicable’’ section in a new line
immediately preceding the line reading
‘‘REVENUE’’.
■ d. Removing ‘‘B. Additions (including
non-conforming capital of $
ER11JN21.007</GPH>
respectively.
b. Removing
ER11JN21.006</GPH>
"~200bbl", "16631 bij" and '16636bij",
and ‘‘Number of months included in
this statement
Submit either electronic or written
objections and requests for a hearing on
the final rule by July 12, 2021.
ADDRESSES: You may submit objections
and requests for a hearing as follows.
Please note that late, untimely filed
objections will not be considered.
Electronic objections must be submitted
on or before July 12, 2021. The https://
www.regulations.gov electronic filing
system will accept comments until
11:59 p.m. Eastern Time at the end of
July 12, 2021. Objections received by
mail/hand delivery/courier (for written/
paper submissions) will be considered
timely if they are postmarked or the
delivery service acceptance receipt is on
or before that date.
ER11JN21.005</GPH>
139321 to _ _ 139331"
in Lines 13.B., 13.B.1. and 13.B.2. of the
Balance Sheet section and adding in its
place
ER11JN21.004</GPH>
c. Adding ‘‘For the period (MMDDYY)
from
■
31117
ER11JN21.003</GPH>
Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Rules and Regulations
]]>Agencies
[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Rules and Regulations]
[Pages 31115-31117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11572]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
17 CFR Parts 200, 240 and 249
[Release No. 34-87005B; File No. S7-05-14]
RIN 3235-AL45
Recordkeeping and Reporting Requirements for Security-Based Swap
Dealers, Major Security-Based Swap Participants, and Broker-Dealers;
Correction
AGENCY: Securities and Exchange Commission.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: On September 19, 2019, the Securities and Exchange Commission
(the ``Commission'') adopted recordkeeping, reporting, and notification
requirements applicable to security-based swap dealers and major
security-based swap participants, securities count requirements
applicable to certain security-based swap dealers, and additional
recordkeeping
[[Page 31116]]
requirements applicable to broker-dealers to account for their
security-based swap and swap activities. Release 34-87005 (Sept. 19,
2019) was published in the Federal Register on Dec. 16, 2019 ( ). This
document corrects certain technical inaccuracies in that release.
DATES: Effective June 11, 2021.
FOR FURTHER INFORMATION CONTACT: Valentina Minak Deng, Special Counsel,
at (202) 551-5778; Division of Trading and Markets, Securities and
Exchange Commission, 100 F Street NE, Washington, DC 20549-7010.
SUPPLEMENTARY INFORMATION: We are making technical corrections to 17
CFR 240.17a-4 and 17 CFR 240.17a-12 under the Securities Exchange Act
of 1934, and Parts II and IIC of Form X-17A-5 (referenced in 17 CFR
249.617). The release resulting in the technical inaccuracies was
published in the Federal Register on December 16, 2019 [84 FR 68550],
and adopted by the Commission in Exchange Act Release No. 87005 on
September 19, 2019.
List of Subjects
17 CFR Part 240
Administrative practice and procedure, Brokers, Confidential
business information, Fraud, Reporting and recordkeeping requirements,
Securities, Swaps.
17 CFR Part 249
Brokers, Recordkeeping and reporting requirements, Securities.
Accordingly, 17 CFR parts 240 and 249 are corrected by making the
following correcting amendments:
PART 240--GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF
1934
0
1. The authority citation for part 240 continues to read, in part, as
follows:
Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3,
77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78c-3, 78c-5, 78d, 78e, 78f,
78g, 78i, 78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78n-1, 78o, 78o-4,
78o-10, 78p, 78q, 78q-1, 78s, 78u-5, 78w, 78x, 78dd, 78ll, 78mm,
80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4, 80b-11, and 7201 et
seq., and 8302; 7 U.S.C. 2(c)(2)(E); 12 U.S.C. 5221(e)(3); 18 U.S.C.
1350; Pub. L. 111-203, 939A, 124 Stat. 1376 (2010); and Pub. L. 112-
106, sec. 503 and 602, 126 Stat. 326 (2012), unless otherwise noted.
* * * * *
Section 240.17a-14 is also issued under Public Law 111-203, sec.
913, 124 Stat. 1376 (2010).
* * * * *
0
2. Amend Sec. 240.17a-4 by revising paragraphs (a) and (l) to read as
follows:
Sec. 240.17a-4 Records to be preserved by certain exchange members,
brokers and dealers.
* * * * *
(a) Every member, broker or dealer subject to Sec. 240.17a-3 must
preserve for a period of not less than 6 years, the first two years in
an easily accessible place, all records required to be made pursuant to
Sec. 240.17a-3(a)(1) through (3), (5), and (21) and (22), and
analogous records created pursuant to Sec. 240.17a-3(e).
* * * * *
(l) Records for the most recent two year period required to be made
pursuant to Sec. 240.17a-3(f) and paragraphs (b)(4) and (e)(7) of this
section which relate to an office shall be maintained at the office to
which they relate. If an office is a private residence where only one
associated person (or multiple associated persons who reside at that
location and are members of the same immediate family) regularly
conducts business, and it is not held out to the public as an office
nor are funds or securities of any customer of the member, broker or
dealer handled there, the member, broker or dealer need not maintain
records at that office, but the records must be maintained at another
location within the same State as the member, broker or dealer may
select. Rather than maintain the records at each office, the member,
broker or dealer may choose to produce the records promptly at the
request of a representative of a securities regulatory authority at the
office to which they relate or at another location agreed to by the
representative.
* * * * *
0
3. Amend Sec. 240.17a-12 by revising paragraph (i)(2) to read as
follows:
Sec. 240.17a-12 Reports to be made by certain OTC derivatives
dealers.
* * * * *
(i) * * *
(2) If, during the course of the audit or interim work, the
certified public accountant determines that any material inadequacies
exist in the accounting system, internal accounting controls,
procedures for safeguarding securities, or as otherwise defined in
paragraph (h)(2) of this section, then the certified public accountant
shall call it to the attention of the chief financial officer of the
OTC derivatives dealer, who shall inform the Commission by telegraphic
or facsimile notice within 24 hours thereafter as set forth in Sec.
240.17a-11. The OTC derivatives dealer shall also furnish the certified
public accountant with a copy of said notice to the Commission by
telegram or facsimile within the same 24 hour period. If the certified
public accountant fails to receive such notice from the OTC derivatives
dealer within that 24 hour period, or if the certified public
accountant disagrees with the statements contained in the notice of the
OTC derivatives dealer, the certified public accountant shall inform
the Commission by report of material inadequacy within 24 hours
thereafter as set forth in Sec. 240.17a-11. Such report from the
certified public accountant shall, if the OTC derivatives dealer failed
to file a notice, describe any material inadequacies found to exist. If
the OTC derivatives dealer filed a notice, the certified public
accountant shall file a report detailing the aspects, if any, of the
OTC derivatives dealer's notice with which the certified public
accountant does not agree.
* * * * *
PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934
0
4. The 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), and Sec. 72001,
Pub. L. 114-94, 129 Stat. 1312 (2015), unless otherwise noted.
* * * * *
Section 249.617 is also issued under Pub. L. 111-203, 939, 939A,
124. Stat. 1376 (2010) (15 U.S.C. 78c, 15 U.S.C. 78o-7 note).
* * * * *
Note: The text of Part II of Form X-17A-5 does not, and this
amendment will not, appear in the Code of Federal Regulations.
0
5. Amend Part II of Form X-17A-5 (referenced in Sec. 249.617 of this
chapter) by:
0
a. Removing ``10. Market risk exposure--for Basel 2.5 firms (sum of
Lines 10E, 10H, 10I, 10J, 10K, 10L, 10N, and 10O)
[GRAPHIC] [TIFF OMITTED] TR11JN21.001
and adding in its place ``10. Market risk exposure--for Basel 2.5 firms
(sum of Lines 10E, 10H, 10I, 10J, 10K, 10L, 10M, 10N, and 10O)
[GRAPHIC] [TIFF OMITTED] TR11JN21.002
0
b. Removing ``Total aggregate indebtedness liabilities from Statement
of Financial Condition (Item 1760)'' and adding in its place ``Total
aggregate indebtedness liabilities from Statement of Financial
Condition (Item 1230)''.
[[Page 31117]]
0
c. Adding ``For the period (MMDDYY) from
[GRAPHIC] [TIFF OMITTED] TR11JN21.003
and ``Number of months included in this statement
[GRAPHIC] [TIFF OMITTED] TR11JN21.004
in the ``Statement of Income (Loss) or Statement of Comprehensive
Income, As Applicable'' section in a new line immediately preceding the
line reading ``REVENUE''.
0
d. Removing ``B. Additions (including non-conforming capital of $
[GRAPHIC] [TIFF OMITTED] TR11JN21.005
and adding in its place ``B. Additions (including non-conforming
capital of $
[GRAPHIC] [TIFF OMITTED] TR11JN21.006
0
e. Removing ``(k)(1)--$2,500 capital category as per Rule 15c3-3'' and
adding in its place ``(k)(1)--Limited business (mutual funds and/or
variable annuities only)'' in the ``Claiming an Exemption from Rule
15c3-3'' section.
0
f. Removing ``3. Other accrued withdrawals'' and adding in its place
``3. Other anticipated withdrawals'' in the ``Other Capital
Withdrawals--Recap'' section.
0
g. In the ``Computation of CFTC Minimum Capital Requirements'' section,
removing
``v. Enter the sum of Lines A.ii and A.iv. . . . . ___
[GRAPHIC] [TIFF OMITTED] TR11JN21.007
and adding in its place:
``v. Amount of uncleared swap margin. . . . . $___
[GRAPHIC] [TIFF OMITTED] TR11JN21.008
vi. If the FCM is also registered as a swap dealer, enter 2% of
Line A.v. . . . . $___
[GRAPHIC] [TIFF OMITTED] TR11JN21.009
vii. Enter the sum of Lines A.ii, A.iv, and A.vi. . . . . $___
[GRAPHIC] [TIFF OMITTED] TR11JN21.010
Note: The text of Part IIC of Form X-17A-5 does not, and this
amendment will not, appear in the Code of Federal Regulations.
0
6. Amend Part IIC of Form X-17A-5 (referenced in Sec. 249.617 of this
chapter) by:
0
a. Removing
[GRAPHIC] [TIFF OMITTED] TR11JN21.011
in Lines 13.B., 13.B.1. and 13.B.2. of the Balance Sheet section and
adding in its place
[GRAPHIC] [TIFF OMITTED] TR11JN21.012
respectively.
b. Removing
[GRAPHIC] [TIFF OMITTED] TR11JN21.013
in Lines 9 and 10 of Column B the Regulatory Capital section and adding
in its place
[GRAPHIC] [TIFF OMITTED] TR11JN21.014
respectively.
Dated: May 27, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-11572 Filed 6-10-21; 8:45 am]
BILLING CODE 8011-01-P
