2020-06-01 | 2020-10016

Added · Updated

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 fix an inadvertent error in a cross-reference within its final regulations on recordkeeping and reporting requirements. This correction specifically revises paragraph (b)(1)(x) of 17 CFR 240.18a-6 to accurately reference the required records for security-based swap dealers and major security-based swap participants. The correcting amendment became effective on June 1, 2020, ensuring regulatory clarity for the affected entities.

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whether a rule qualifies as a ‘‘major rule.’’ Pursuant to the CRA, this rule does not qualify as a ‘‘major rule,’’ as defined in 5 U.S.C. 804(2). To comply with the CRA, the Office of the General Counsel will submit the required information to each House of Congress and the Comptroller General. List of Subjects in 16 CFR Part 1253 Business and industry, Consumer protection, Imports, Infants and children, Product testing and certification, Toys. ■ For the reasons stated in the preamble, the Commission amends title 16 of the CFR by adding part 1253 to read as follows: PART 1253—CHILDREN’S TOYS AND CHILD CARE ARTICLES: DETERMINATIONS REGARDING THE ASTM F963 ELEMENTS AND PHTHALATES FOR UNFINISHED MANUFACTURED FIBERS Sec. 1253.1 Children’s toys and child care articles containing the ASTM F963 elements and phthalates in manufactured fibers and testing requirements. 1253.2 Determinations for unfinished manufactured fibers. Authority: Sec. 3, Pub. L. 110–314, 122 Stat. 3016; 15 U.S.C. 2063(d)(3)(B). § 1253.1 Children’s toys and child care articles containing the ASTM F963 elements and phthalates in manufactured fibers and testing requirements. (a) Section 106 of the CPSIA made most provisions of ASTM F963, Consumer Product Safety Specifications for Toy Safety, a mandatory consumer product safety standard. 16 CFR part 1250 codified these provisions by incorporating by reference ASTM F963, see 16 CFR1250.1. Among the mandated provisions is section 4.3.5 of ASTM F963, which requires that surface coating materials and accessible substrates of children’s toys that can be sucked, mouthed, or ingested, must comply with solubility limits that the toy standard establishes for eight elements. Materials used in children’s toys subject to section 4.3.5 of the toy standard must comply with the third party testing requirements of section 14(a)(2) of the CPSA, unless listed in § 1253.2. (b) Section 108(a) of the Consumer Product Safety Improvement Act of 2008 (CPSIA) permanently prohibits any children’s toy or child care article that contains concentrations of more than 0.1 percent of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP). In accordance with section 108(b)(3) of the CPSIA, 16 CFR part 1307 prohibits any children’s toy or child care article that contains concentrations of more than 0.1 percent of diisononyl phthalate (DINP), diisobutyl phthalate (DIBP), di￾n-pentyl phthalate (DPENP), di-n-hexyl phthalate (DHEXP), or dicyclohexyl phthalate (DCHP). Materials used in children’s toys and child care articles subject to section 108(a) of the CPSIA and 16 CFR part 1307 must comply with the third party testing requirements of section 14(a)(2) of the Consumer Product Safety Act (CPSA), unless listed in § 1253.2. § 1253.2 Determinations for unfinished manufactured fibers. (a) The following definition for an unfinished manufactured fiber applies for this part 1253. An unfinished manufactured fiber is one that has no chemical additives beyond those required to manufacture the fiber. For unfinished manufactured fibers as defined in this rule, the unfinished manufactured fiber is free of any chemical additives added to impart color or some desirable performance property, such as flame retardancy. (b) The following unfinished manufactured fibers do not exceed the ASTM F963 elements solubility limits set forth in 16 CFR part 1250 with a high degree of assurance as that term is defined in 16 CFR part 1107: (1) Nylon; (2) Polyurethane (Spandex); (3) Viscose Rayon; (4) Acrylic and Modacrylic; and (5) Natural Rubber Latex. (c) The following unfinished manufactured fibers do not exceed the phthalates content limits set forth in 16 CFR part 1307 with a high degree of assurance as that term is defined in 16 CFR part 1107: (1) Polyester (polyethylene terephthalate, PET); (2) Nylon; (3) Polyurethane (Spandex); (4) Viscose Rayon; (5) Acrylic and Modacrylic; and (6) Natural Rubber Latex. (d) Accessible component parts of children’s toys and child care articles made with the unfinished manufactured fibers, listed in paragraphs (b) and (c) of this section are not required to be third￾party tested pursuant to section 14(a)(2) of the CPSA and 16 CFR part 1107. (e) Accessible component parts of children’s toys and child care articles made with manufactured fibers not listed in paragraphs (b) and (c) of this section are required to be third party tested pursuant to section 14(a)(2) of the CPSA and 16 CFR part 1107. Alberta E. Mills, Secretary, Consumer Product Safety Commission. [FR Doc. 2020–09991 Filed 5–29–20; 8:45 am] BILLING CODE 6355–01–P SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 240 [Release No. 34–87005A; 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 December 16, 2019, the Securities and Exchange Commission revised Commission rules. That document inadvertently listed an incorrect subordinate paragraph in a cross-reference to a rule. This document corrects the final regulations. DATES: Effective on June 1, 2020. FOR FURTHER INFORMATION CONTACT: Sheila Dombal Swartz, Senior Special Counsel, at (202) 551–5545; Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549–7010. SUPPLEMENTARY INFORMATION: The Commission is making a correcting amendment to 17 CFR 240.18a–6 (Rule 18a–6) under the Securities Exchange Act of 1934 (‘‘Exchange Act’’), published on December 16, 2019 [84 FR 68550] and adopted in Exchange Act Release No. 87005 (September 19, 2019). List of Subjects in 17 CFR Part 240 Brokers, Confidential business information, Fraud, Reporting and recordkeeping requirements, Securities. Accordingly, 17 CFR part 240 is corrected by making the following correcting amendments: PART 240—GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF 1934 ■ 1. The general authority citation for part 240 continues to read 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.


■ 2. In § 240.18a–6, revise paragraph (b)(1)(x) to read as follows: § 240.18a–6 Records to be preserved by certain security-based swap dealers and major security-based swap participants.


(b)(1) * * * (x) The records required to be made pursuant to § 240.18a–1(e)(2)(iii)(F)(1) and (2).


Dated: May 6, 2020. Vanessa A. Countryman, Secretary. [FR Doc. 2020–10016 Filed 5–29–20; 8:45 am] BILLING CODE 8011–01–P

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