2022-02-11 | 2022-02552

Added

Recordkeeping and Reporting Requirements for Security-Based Swap Dealers, Major Security-Based Swap Participants, and Broker-Dealers; Correction

The Securities and Exchange Commission issued a correcting amendment to address technical inaccuracies in Release No. 34–87005, which originally established recordkeeping and reporting requirements for security-based swap dealers, major security-based swap participants, and broker-dealers. This document specifically amends Part II and Part IIC of Form X–17A–5 to correct references to CFTC net capital requirements and update various numerical codes within the form. The corrections are effective February 11, 2022, and ensure the regulatory forms accurately reflect the capital and reporting obligations adopted in September 2019.

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7934 Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Rules and Regulations request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the certification office, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; fax 516–794–5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, New York ACO Branch, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.’s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (o) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) TCCA AD CF–2016–32R4, dated October 13, 2020; and TCCA AD CF–2020–38, dated October 13, 2020; for related information. This MCAI may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA– 2021–0725. (2) For more information about this AD, contact Steven Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7367; fax 516– 794–5531; email 9-avs-nyaco-cos@faa.gov. (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (p)(5) and (6) of this AD. (p) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (3) The following service information was approved for IBR on February 25, 2022 (87 FR 3184, January 21, 2022). (i) Bombardier Service Bulletin 604–28– 022, Revision 3, dated August 31, 2018. (ii) Bombardier Service Bulletin 604–28– 024, Revision 01, dated May 28, 2021. (iii) Bombardier Service Bulletin 605–28– 010, Revision 3, dated August 31, 2018. (iv) Bombardier Service Bulletin 605–28– 012, dated June 16, 2020. (v) Bombardier Service Bulletin 650–28– 001, Revision 3, dated January 3, 2019. (vi) Bombardier Service Bulletin 650–28– 002, dated June 16, 2020. (4) The following service information was approved for IBR on November 30, 2017 (82 FR 49498, October 26, 2017). (i) Bombardier Service Bulletin 604–28– 022, dated October 19, 2015. (ii) Bombardier Service Bulletin 605–28– 010, dated October 19, 2015. (5) For service information identified in this AD, contact Bombardier Business Aircraft Customer Response Center, 400 Coˆte￾Vertu Road West, Dorval, Que´bec H4S 1Y9, Canada; telephone 1–514–855–2999; email ac.yul@aero.bombardier.com; internet https://www.bombardier.com. (6) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (7) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ ibr-locations.html. Issued on February 7, 2022. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022–02881 Filed 2–10–22; 8:45 am] BILLING CODE 4910–13–P SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 249 [Release No. 34–87005D; 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: 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 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 technical inaccuracies in that release. DATES: Effective February 11, 2022. 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 Part II and Part 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 at 84 FR 68550, and adopted by the Commission in Exchange Act Release No. 87005 on September 19, 2019. List of Subjects in 17 CFR Part 249 Brokers, Recordkeeping and reporting requirements, Securities. Accordingly, 17 CFR part 249 is corrected by making the following amendments: PART 249—FORMS, SECURITIES EXCHANGE ACT OF 1934 ■ 1. 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).


■ 2. Amend Part II of Form X–17A–5 (referenced in § 249.617 of this chapter) by: BILLING CODE 8011–01–P VerDate Sep<11>2014 16:05 Feb 10, 2022 Jkt 256001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\11FER1.SGM 11FER1 lotter on DSK11XQN23PROD with RULES1

Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Rules and Regulations 7935 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. ■ 3. Amend Part IIC of Form X–17A–5 (referenced in § 249.617 of this chapter) by: VerDate Sep<11>2014 16:05 Feb 10, 2022 Jkt 256001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\11FER1.SGM 11FER1 lotter on DSK11XQN23PROD with RULES1 ER11FE22.000</GPH> ■ a. Removing "D. Minimum CFTC net capital requirement; Enter the greatest of Lines A.v, B, or C ............. $ ___ 174901" and adding in its place "D. Minimum CFTC net capital requirement; Enter the greatest of Lines A.vii, B, or C ............. $ __ _ 174901"; and ■ b. Removing "CFTC early warning level - enter the greatest of 110% of Line A.v. or 150% of Line B or 150% of Line C or $375,000 ............. $ ___ 174951" and adding in its place "CFTC early warning level- enter the greatest of 110% of Line A.vii. or 150% of Line B or 150% of Line C ............. $ ___ 174951".

7936 Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Rules and Regulations VerDate Sep<11>2014 16:05 Feb 10, 2022 Jkt 256001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4725 E:\FR\FM\11FER1.SGM 11FER1 lotter on DSK11XQN23PROD with RULES1 ER11FE22.001</GPH> ■ a. ■ b. ■ C. ■ d. ■ e. ■ f. ■ g. ■ h. ■ i. ■ j. ■ k. ■ 1. ■ m. ■ n. ■ 0. Removing "1127581" and adding in its place "112820~'; Removing "1127591" and adding in its place "112821~'; Removing "1127601" and adding in its place "112007~'; Removing "1127611" and adding in its place "112008~'; Removing "1127621" and adding in its place "112999~'; Removing '1127631" and adding in its place "1120091"; Removing "1127641" and adding in its place "112010~'; Removing "1127651" and adding in its place "112011h Removing "1127661" and adding in its place "1120121"; Removing "1127671" and adding in its place "1120131"; Removing "1127681" and adding in its place "112822~'; Removing "1127691" and adding in its place "1128231"; Removing "1127701" and adding in its place "112824~'; Removing "1127711" and adding in its place "112825~'; Removing "1127721" and adding in its place "112826~';

Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Rules and Regulations 7937 VerDate Sep<11>2014 16:05 Feb 10, 2022 Jkt 256001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4725 E:\FR\FM\11FER1.SGM 11FER1 lotter on DSK11XQN23PROD with RULES1 ER11FE22.002</GPH> ■ p. Removing "1127731" and adding in its place "1128271"; ■ q. Removing "1127741" and adding in its place "1128281"; ■ r. Removing "1127751" and adding in its place "1128291"; ■ s. Removing "1127761" and adding in its place "1128301"; ■ t. Removing "1127771" and adding in its place "11283 ll"; ■ u. Removing "1127781" and adding in its place "1128321"; ■ V. Removing "1127791" and adding in its place "1128331"; ■ w. Removing '1127801" and adding in its place "1128341"; ■ x. Removing "1127811" and adding in its place "1128351"; ■ y. Removing "1127821" and adding in its place "1128361"; ■ z. Removing "1127831" and adding in its place "1128371"; ■ aa. Removing "1127841" and adding in its place "1128381"; ■ bb. Removing "1127851" and adding in its place "1128391"; ■ cc. Removing "1127861" and adding in its place "1128401"; ■ dd. Removing "1128011" and adding in its place "1121061"; ■ ee. Removing "1128021" and adding in its place "1121071"; ■ ff. Removing "1128031" and adding in its place "1121081"; ■ gg. Removing "1128041" and adding in its place "1121091"; ■ hh. Removing "1128051" and adding in its place "1121 IOI"; ■ 11. Removing "1128061" and adding in its place "11211 II"; ■ JJ. Removing "1128071" and adding in its place "182951"; ■ kk. Removing "1128091" and adding in its place "1121141"; ■ 11. Removing "1128101" and adding in its place "1121151"; ■ mm. Removing '11281 II" and adding in its place "1121161";

7938 Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Rules and Regulations 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. Dated: February 2, 2022. J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2022–02552 Filed 2–10–22; 8:45 am] BILLING CODE 8011–01–C DEPARTMENT OF JUSTICE Bureau of Prisons 28 CFR Part 523 [BOP–1032–F] RIN 1120–AA62 Good Conduct Time Credit Under the First Step Act AGENCY: Bureau of Prisons, Justice. ACTION: Final rule. SUMMARY: The Bureau of Prisons (Bureau or BOP) modifies regulations on Good Conduct Time (GCT) credit to conform with legislative changes under the First Step Act (FSA). The changes made by the FSA to the process for awarding GCT credit have resulted in recalculation of the release date of most inmates. This final rule adopts the same calculation method set forth in the proposed rule published on this subject, and finalizes that proposed rule with the following minor change(s) described below. DATES: This rule is effective March 14, 2022. FOR FURTHER INFORMATION CONTACT: Sarah N. Qureshi, Rules Administrator, Office of General Counsel, Bureau of Prisons, phone (202) 353–8248. SUPPLEMENTARY INFORMATION: I. Overview In this document, the Bureau modifies regulations on GCT credit to conform with changes made in the First Step Act of 2018 (FSA), Public Law 115–391, December 21, 2018, 132 Stat 5194. The Bureau published a proposed rule on this subject on December 31, 2019 (84 FR 72274) with a comment deadline of March 2, 2020. Seventy-four comments were received during the comment period. Six of those 74 comments supported the proposed rule without qualification. The remaining 68 comments raised some common issues, which we address below. II. Background. Section 102(b) of the FSA amended 18 U.S.C. 3624(b) to provide that inmates may receive up to 54 days of GCT credit for each year of the sentence imposed by the court, instead of for each year of actual time served. See 18 U.S.C. 3624(b)(1) (‘‘[A] prisoner who is serving a term of imprisonment of more than 1 year other than a term of imprisonment for the duration of the prisoner’s life, may receive credit toward the service of the prisoner’s sentence of up to 54 days for each year of the prisoner’s sentence imposed by the court . . . .’’). As a practical matter, prior to this change, awarding GCT credit for each year of actual time served had routinely resulted in a de facto cap of roughly 47 days per year of GCT credit. See Barber v. Thomas, 560 U.S. 474, 479 (2010). This final rule supports the FSA’s modification of the GCT credit determination, which will result in recalculation of the release date of most current inmates (with the exception of those serving sentences for offenses committed before November 1, 1987, sentences of one year or less, and sentences of life imprisonment). Under section 102(b)(2) of the FSA, this change to the manner in which GCT credit is applied could not be made effective until the Attorney General completed and released a recidivism risk and needs assessment system, which was done on July 19, 2019. A total of 3,163 inmates were released from Bureau custody on July 19, 2019, after the Bureau recalculated release dates under the amended GCT credit scheme in the FSA. The Bureau has completed the process of recalculations for the remainder of the inmate population, prioritizing recalculations by proximity of projected release dates, and releasing inmates as appropriate. This rule focuses primarily on the proper calculation of GCT credit for the last chronological year of an inmate’s term of imprisonment, implementing the statutory instruction that ‘‘credit for the last year of a term of imprisonment shall be credited on the first day of the last year of the term of imprisonment.’’ 18 U.S.C. 3624(b)(1). The Bureau has applied this calculation method since July 19, 2019, and the calculation method is the same one set forth in the Bureau’s proposed rule. III. Discussion of Comments and BOP’s Responses Comment: The Bureau should choose the second alternative described in the proposed rule instead of the third alternative proposed by the Bureau. Sixty-four commenters urged the Bureau to adopt ‘‘Alternative 2,’’ the alternative interpretation of the FSA described in the proposed rule that would offer ‘‘the most Good Conduct Time credit possible.’’ To explain Alternative 2, we first provide some brief background. Previously, 18 U.S.C. 3624(b)(1) provided that inmates ‘‘may receive credit toward the service of the prisoner’s sentence beyond the time served, of up to 54 days at the end of each year of the prisoner’s term of imprisonment, beginning at the end of the first year of the term.’’ The statute then specified that ‘‘credit for the last year or portion of a year of the term of imprisonment shall be prorated and credited within the last six weeks of the sentence.’’ Section 102(b)(1) of the FSA, however, amended 18 U.S.C. 3624(b)(1) to require that inmates serving a sentence (other than a life sentence) of more than a year receive GCT credit of ‘‘up to 54 days for each year of the prisoner’s sentence imposed by the court’’—as opposed to for ‘‘time served’’—and that GCT ‘‘credit for the last year of a term of imprisonment . . . be credited on the first day of the last year of the term of imprisonment.’’ In the proposed rule, the Bureau discussed three possible interpretations of the FSA’s changes to 18 U.S.C. 3624(b)(1): VerDate Sep<11>2014 16:05 Feb 10, 2022 Jkt 256001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\11FER1.SGM 11FER1 lotter on DSK11XQN23PROD with RULES1 ER11FE22.003</GPH> ■ nn. ■ 00. ■ pp. ■ qq. Removing "1128121" and adding in its place "112117~'; Removing "1128131" and adding in its place "112118~'; Removing '1128141" and adding in its place "1121191"; and Removing '1128151" and adding in its place "182961".