PART 45—SWAP DATA RECORDKEEPING AND REPORTING REQUIREMENTS Authority: 7 U.S.C. 6r, 7, 7a-1, 7b-3, 12a, and 24a, as amended by Title VII of the Wall Street Reform and Consumer Protection Act of 2010, Pub. L. 111-203, 124 Stat. 1376 (2010), unless otherwise noted. Source: 77 FR 2197, Jan. 13, 2012, unless otherwise noted. § 45.1 Definitions. (a) As used in this part: Allocation As soon as technologically practicable Asset class Business day Business hours Clearing swap Collateral data Derivatives clearing organization Electronic reporting Execution Execution date Financial entity Global Legal Entity Identifier System Legal entity identifier LEI Legal Entity Identifier Regulatory Oversight Committee Life-cycle event Life-cycle-event data Mixed swap Multi-asset swap Non-SD/MSP/DCO counterparty Non-SD/MSP/DCO reporting counterparty Novation Off-facility swap Open swap Original swap Reporting counterparty Required swap continuation data (i) All life-cycle-event data for the swap; and (ii) All swap valuation, margin, and collateral data for the swap. Required swap creation data Swap Swap data Swap data validation procedures Swap execution facility Swap transaction and pricing data Unique transaction identifier Valuation data (b) Other defined terms. [85 FR 75559, Nov. 25, 2020, as amended at 85 FR 75654, Nov. 25, 2020] § 45.2 Swap recordkeeping. (a) Recordkeeping by swap execution facilities, designated contract markets, derivatives clearing organizations, swap dealers, and major swap participants. (1) For swap execution facilities, all records required by part 37 of this chapter. (2) For designated contract markets, all records required by part 38 of this chapter. (3) For derivatives clearing organizations, all records required by part 39 of this chapter. (4) For swap dealers and major swap participants, all records required by part 23 of this chapter, and all records demonstrating that they are entitled, with respect to any swap, to elect the clearing requirement exception pursuant to CEA section 2(h)(7). (b) Recordkeeping by non-SD/MSP/DCO counterparties. (c) Record retention. (d) Retention form. (1) Records required to be kept by swap execution facilities, designated contract markets, derivatives clearing organizations, swap dealers, or major swap participants may be kept in electronic form, or kept in paper form if originally created and exclusively maintained in paper form, so long as they are retrievable, and information in them is reportable, as required by this section. (2) Records required to be kept by non-SD/MSP/DCO counterparties may be kept in either electronic or paper form, so long as they are retrievable, and information in them is reportable, as required by this section. (e) Record retrievability. (1) Each record required by this section or any other section of the CEA to be kept by a swap execution facility, designated contract market, derivatives clearing organization, swap dealer, or major swap participant shall be readily accessible via real time electronic access by the registrant throughout the life of the swap and for two years following the final termination of the swap, and shall be retrievable by the registrant within three business days through the remainder of the period following final termination of the swap during which it is required to be kept. (2) Each record required by this section or any other section of the CEA to be kept by a non-SD/MSP/DCO counterparty shall be retrievable by that counterparty within five business days throughout the period during which it is required to be kept. (f)-(g) [Reserved] (h) Record inspection. [77 FR 2197, Jan. 13, 2012, as amended at 85 FR 75560, 75654, Nov. 25, 2020] § 45.3 Swap data reporting: Creation data. (a) Swaps executed on or pursuant to the rules of a swap execution facility or designated contract market. (b) Off-facility swaps. (1) If the reporting counterparty is a swap dealer, major swap participant, or derivatives clearing organization, the reporting counterparty shall report required swap creation data electronically to a swap data repository in the manner provided in § 45.13(a) not later than the end of the next business day following the execution date. (2) If the reporting counterparty is a non-SD/MSP/DCO counterparty, the reporting counterparty shall report required swap creation data electronically to a swap data repository in the manner provided in § 45.13(a) not later than the end of the second business day following the execution date. (c) Allocations. (1) Initial swap between reporting counterparty and agent. (2) Post-allocation swaps Duties of the agent. (ii) Duties of the reporting counterparty. (d) Multi-asset swaps. (e) Mixed swaps. (2) The registered entity or reporting counterparty reporting required swap creation data pursuant to this section shall ensure that the same unique transaction identifier is recorded for the swap in both the swap data repository and the security-based swap data repository. (f) Choice of swap data repository. (1) For swaps executed on or pursuant to the rules of a swap execution facility or designated contract market, the swap execution facility or designated contract market shall choose the swap data repository; (2) For all other swaps, the reporting counterparty, as determined in § 45.8, shall choose the swap data repository. [85 FR 75561, Nov. 25, 2020] § 45.4 Swap data reporting: Continuation data. (a) Continuation data reporting method generally. (b) Continuation data reporting for original swaps. (1) The derivatives clearing organization that accepted the swap for clearing shall report all life-cycle-event data electronically to a swap data repository in the manner provided in § 45.13(a) not later than the end of the next business day following the day that any life cycle event occurs with respect to the swap. (2) In addition to all other required swap continuation data, life-cycle-event data shall include all of the following: (i) The legal entity identifier of the swap data repository to which all required swap creation data for each clearing swap was reported by the derivatives clearing organization pursuant to § 45.3(b); (ii) The unique transaction identifier of the original swap that was replaced by the clearing swaps; and (iii) The unique transaction identifier of each clearing swap that replaces a particular original swap. (c) Continuation data reporting for swaps other than original swaps. (1) Life-cycle-event data reporting. (ii) If the reporting counterparty is a non-SD/MSP/DCO counterparty, the reporting counterparty shall report life-cycle-event data electronically to a swap data repository in the manner provided in § 45.13(a) not later than the end of the second business day following the day that any life cycle event occurred. (2) Valuation, margin, and collateral data reporting. (ii) If the reporting counterparty is a swap dealer or major swap participant, collateral data shall be reported electronically to a swap data repository in the manner provided in § 45.13(b) each business day. [85 FR 75561, Nov. 25, 2020] § 45.5 Unique transaction identifiers. Each swap shall be identified in all recordkeeping and all swap data reporting pursuant to this part by the use of a unique transaction identifier, which shall be created, transmitted, and used for each swap as provided in paragraphs (a) through (h) of this section. (a) Swaps executed on or pursuant to the rules of a swap execution facility or designated contract market. (1) Creation. (i) The legal entity identifier of the swap execution facility or designated contract market; and (ii) An alphanumeric code generated and assigned to that swap by the automated systems of the swap execution facility or designated contract market, which shall be unique with respect to all such codes generated and assigned by that swap execution facility or designated contract market. (2) Transmission. (i) To the swap data repository to which the swap execution facility or designated contract market reports required swap creation data for the swap, as part of that report; (ii) To each counterparty to the swap, as soon as technologically practicable after execution of the swap; (iii) To the derivatives clearing organization, if any, to which the swap is submitted for clearing, as part of the required swap creation data transmitted to the derivatives clearing organization for clearing purposes. (b) Off-facility swaps with a financial entity reporting counterparty. (1) Creation. (i) The legal entity identifier of the reporting counterparty; and (ii) An alphanumeric code generated and assigned to that swap by the automated systems of the reporting counterparty, which shall be unique with respect to all such codes generated and assigned by that reporting counterparty. (2) Transmission. (i) To the swap data repository to which the reporting counterparty reports required swap creation data for the swap, as part of that report; (ii) To the non-reporting counterparty to the swap, no later than the applicable deadline in § 45.3(b) for reporting required swap creation data; and (iii) To the derivatives clearing organization, if any, to which the swap is submitted for clearing, as part of the required swap creation data transmitted to the derivatives clearing organization for clearing purposes. (c) Off-facility swaps with a non-SD/MSP/DCO reporting counterparty that is not a financial entity. (1) Creation. (i) The legal entity identifier of the swap data repository; and (ii) An alphanumeric code generated and assigned to that swap by the automated systems of the swap data repository, which shall be unique with respect to all such codes generated and assigned by that swap data repository. (2) Transmission. (i) To the counterparties to the swap, as soon as technologically practicable following creation of the unique transaction identifier; and (ii) To the derivatives clearing organization, if any, to which the swap is submitted for clearing, as soon as technologically practicable following creation of the unique transaction identifier. (d) Off-facility swaps with a derivatives clearing organization reporting counterparty. (1) Creation. (i) The legal entity identifier of the derivatives clearing organization; and (ii) An alphanumeric code generated and assigned to that clearing swap by the automated systems of the derivatives clearing organization, which shall be unique with respect to all such codes generated and assigned by that derivatives clearing organization. (2) Transmission. (i) To the swap data repository to which the derivatives clearing organization reports required swap creation data for the clearing swap, as part of that report; and (ii) To its counterparty to the clearing swap, as soon as technologically practicable after acceptance of a swap by the derivatives clearing organization for clearing or execution of a clearing swap that does not replace an original swap. (e) Allocations. (1) Initial swap between reporting counterparty and agent. (i) If the unique transaction identifier is created by a swap execution facility or designated contract market, the swap execution facility or designated contract market must include the unique transaction identifier in its swap creation data report to the swap data repository, and must transmit the unique identifier to the reporting counterparty and to the agent. (ii) If the unique transaction identifier is created by the reporting counterparty, the reporting counterparty must include the unique transaction identifier in its swap creation data report to the swap data repository, and must transmit the unique identifier to the agent. (2) Post-allocation swaps. (i) The non-reporting counterparty for the swap in question. (ii) The agent; and (iii) The derivatives clearing organization, if any, to which the swap is submitted for clearing, as part of the required swap creation data transmitted to the derivatives clearing organization for clearing purposes. (f) Use. (g) Third-party service provider. (1) The legal entity identifier of the third-party service provider; and (2) An alphanumeric code generated and assigned to that swap by the automated systems of the third-party service provider, which shall be unique with respect to all such codes generated and assigned by that third-party service provider. (h) Cross-jurisdictional swaps. [81 FR 41775, June 27, 2016, as amended at 85 FR 75562, Nov. 25, 2020] § 45.6 Legal entity identifiers. Each swap execution facility, designated contract market, derivatives clearing organization, swap data repository, entity reporting pursuant to § 45.9, and counterparty to any swap that is eligible to receive a legal entity identifier shall obtain, maintain, and be identified in all recordkeeping and all swap data reporting pursuant to this part by a single legal entity identifier as specified in this section. (a) Definitions. Local operating unit Reference data Self-registration Third-party registration (b) International standard for the legal entity identifier. (c) Reference data reporting. (d) Use of the legal entity identifier. (2) Each swap dealer, major swap participant, swap execution facility, designated contract market, derivatives clearing organization, and swap data repository shall maintain and renew its legal identity identifier in accordance with the standards set by the Global Legal Entity Identifier System. (3) Each financial entity reporting counterparty executing a swap with a counterparty that is eligible to receive a legal entity identifier, but has not been assigned a legal entity identifier, shall, prior to reporting any required swap creation data for such swap, use best efforts to cause a legal entity identifier to be assigned to the counterparty. If these efforts do not result in a legal entity identifier being assigned to the counterparty prior to the reporting of required swap creation data, the financial entity reporting counterparty shall promptly provide the identity and contact information of the counterparty to the Commission. (4) For swaps previously reported pursuant to this part using substitute counterparty identifiers assigned by a swap data repository prior to Commission designation of a legal entity identifier system, each swap data repository shall map the legal entity identifiers for the counterparties to the substitute counterparty identifiers in the record for each such swap. [85 FR 75563, Nov. 25, 2020] § 45.7 Unique product identifiers. Each swap shall be identified in all recordkeeping and all swap data reporting pursuant to this part by means of a unique product identifier and product classification system as specified in this section. Each swap sufficiently standardized to receive a unique product identifier shall be identified by a unique product identifier. Each swap not sufficiently standardized for this purpose shall be identified by its description using the product classification system. (a) Requirements for the unique product identifier and product classification system. (b) Designation of the unique product identifier and product classification system. (2) When the Commission determines that such a unique product identifier and product classification system is available, the Commission shall designate the unique product identifier and product classification system to be used in recordkeeping and swap data reporting pursuant to this part, by means of a Commission order that is published in the Federal Register (c) Use of the unique product identifier and product classification system by registered entities and swap counterparties. (2) Before a unique product identifier and product classification system has been designated by the Commission, each registered entity and swap counterparty shall use the internal product identifier or product description used by the swap data repository to which a swap is reported in all recordkeeping and swap data reporting pursuant to this part. [77 FR 2197, Jan. 13, 2012, as amended at 85 FR 75563, Nov. 25, 2020] § 45.8 Determination of which counterparty shall report. The determination of which counterparty is the reporting counterparty for each swap shall be made as provided in this section. (a) If only one counterparty is a swap dealer, the swap dealer shall be the reporting counterparty. (b) If neither counterparty is a swap dealer, and only one counterparty is a major swap participant, the major swap participant shall be the reporting counterparty. (c) If both counterparties are non-SD/MSP/DCO counterparties, and only one counterparty is a financial entity as defined in CEA section 2(h)(7)(C), the counterparty that is a financial entity shall be the reporting counterparty. (d) If both counterparties are swap dealers, or both counterparties are major swap participants, or both counterparties are non-SD/MSP/DCO counterparties that are financial entities as defined in CEA section 2(h)(7)(C), or both counterparties are non-SD/MSP/DCO counterparties and neither counterparty is a financial entity as defined in CEA section 2(h)(7)(C): (1) For a swap executed on or pursuant to the rules of a swap execution facility or designated contract market, the counterparties shall agree which counterparty shall be the reporting counterparty. (2) For an off-facility swap, the counterparties shall agree as one term of their swap which counterparty shall be the reporting counterparty. (e) Notwithstanding the provisions of paragraphs (a) through (d) of this section, if both counterparties to a swap are non-SD/MSP/DCO counterparties and only one counterparty is a U.S. person, that counterparty shall be the reporting counterparty. (f) Notwithstanding the provisions of paragraphs (a) through (e) of this section, if neither counterparty to a swap is a U.S. person, but the swap is executed on or pursuant to the rules of a swap execution facility or designated contract market or otherwise executed in the United States, or is cleared by a derivatives clearing organization: (1) For such a swap executed on or pursuant to the rules of a swap execution facility or designated contract market, the counterparties shall agree which counterparty shall be the reporting counterparty. (2) For an off-facility swap, the counterparties shall agree as one term of their swap which counterparty shall be the reporting counterparty. (g) If a reporting counterparty selected pursuant to paragraphs (a) through (f) of this section ceases to be a counterparty to a swap due to an assignment or novation, the reporting counterparty for reporting of required swap continuation data following the assignment or novation shall be selected from the two current counterparties as provided in paragraphs (g)(1) through (4) of this section. (1) If only one counterparty is a swap dealer, the swap dealer shall be the reporting counterparty and shall fulfill all counterparty reporting obligations. (2) If neither counterparty is a swap dealer, and only one counterparty is a major swap participant, the major swap participant shall be the reporting counterparty and shall fulfill all counterparty reporting obligations. (3) If both counterparties are non-SD/MSP/DCO counterparties, and only one counterparty is a U.S. person, that counterparty shall be the reporting counterparty and shall fulfill all counterparty reporting obligations. (4) In all other cases, the counterparty that replaced the previous reporting counterparty by reason of the assignment or novation shall be the reporting counterparty, unless otherwise agreed by the counterparties. (h) For all swaps executed on or pursuant to the rules of a swap execution facility or designated contract market, the rules of the swap execution facility or designated contract market must require each swap counterparty to provide sufficient information to the swap execution facility or designated contract market to enable the swap execution facility or designated contract market to report all required swap creation data as provided in this part. (1) To comply with paragraph (h) of this section, the rules of the swap execution facility or designated contract market must require each market participant placing an order with respect to any swap traded on the swap execution facility or designated contract market to include in the order, without limitation: (i) The legal entity identifier of the market participant placing the order. (ii) A yes/no indication of whether the market participant is a swap dealer with respect to the product with respect to which the order is placed. (iii) A yes/no indication of whether the market participant is a major swap participant with respect to the product with respect to which the order is placed. (iv) A yes/no indication of whether the market participant is a financial entity as defined in CEA section 2(h)(7)(C). (v) A yes/no indication of whether the market participant is a U.S. person. (vi) If applicable, an indication that the market participant will elect an exception to, or an exemption from, the clearing requirement under part 50 of this chapter for any swap resulting from the order. (vii) If the swap will be allocated: (A) An indication that the swap will be allocated. (B) The legal entity identifier of the agent. (C) An indication of whether the swap is a post-allocation swap. (D) If the swap is a post-allocation swap, the unique transaction identifier of the initial swap transaction between the reporting counterparty and the agent. (2) To comply with paragraph (h) of this section, the swap execution facility or designated contract market must use the information obtained pursuant to paragraph (h)(1) of this section to identify the counterparty that is the reporting counterparty pursuant to the CEA and this section. (i) Clearing swaps. [81 FR 41777, June 27, 2016, as amended at 85 FR 75563, Nov. 25, 2020] § 45.9 Third-party facilitation of data reporting. Registered entities and reporting counterparties required by this part to report required swap creation data or required swap continuation data, while remaining fully responsible for reporting as required by this part, may contract with third-party service providers to facilitate reporting. [77 FR 2197, Jan. 13, 2012, as amended at 85 FR 75564, Nov. 25, 2020] § 45.10 Reporting to a single swap data repository. All swap transaction and pricing data and swap data for a given swap shall be reported to a single swap data repository, which shall be the swap data repository to which the first report of such data is made, unless the reporting counterparty changes the swap data repository to which such data is reported pursuant to paragraph (d) of this section. (a) Swaps executed on or pursuant to the rules of a swap execution facility or designated contract market. (1) The swap execution facility or designated contract market shall report all swap transaction and pricing data and required swap creation data for a swap to a single swap data repository. As soon as technologically practicable after execution of the swap, the swap execution facility or designated contract market shall transmit to both counterparties to the swap, and to the derivatives clearing organization, if any, that will clear the swap, the identity of the swap data repository to which such data is reported. (2) Thereafter, all swap transaction and pricing data, required swap creation data, and required swap continuation data for the swap shall be reported to that same swap data repository, unless the reporting counterparty changes the swap data repository to which such data is reported pursuant to paragraph (d) of this section. (b) Off-facility swaps that are not clearing swaps. (1) The reporting counterparty shall report all swap transaction and pricing data and required swap creation data to a single swap data repository. As soon as technologically practicable after execution, the reporting counterparty shall transmit to the other counterparty to the swap, and to the derivatives clearing organization, if any, that will clear the swap, the identity of the swap data repository to which such data is reported. (2) Thereafter, all swap transaction and pricing data, required swap creation data, and required swap continuation data for the swap shall be reported to the same swap data repository, unless the reporting counterparty changes the swap data repository to which such data is reported pursuant to paragraph (d) of this section. (c) Clearing swaps. (1) The derivatives clearing organization that is a counterparty to such clearing swap shall report all swap transaction and pricing data and required swap creation data for that clearing swap to a single swap data repository. As soon as technologically practicable after acceptance of an original swap for clearing, or execution of a clearing swap that does not replace an original swap, the derivatives clearing organization shall transmit to the counterparty to each clearing swap the identity of the swap data repository to which such data is reported. (2) Thereafter, all swap transaction and pricing data, required swap creation data and required swap continuation data for that clearing swap shall be reported by the derivatives clearing organization to the same swap data repository to which swap data has been reported pursuant to paragraph (c)(1) of this section, unless the reporting counterparty changes the swap data repository to which such data is reported pursuant to paragraph (d) of this section. (3) For clearing swaps that replace a particular original swap, and for equal and opposite clearing swaps that are created upon execution of the same transaction and that do not replace an original swap, the derivatives clearing organization shall report all swap transaction and pricing data, required swap creation data, and required swap continuation data for such clearing swaps to a single swap data repository. (d) Change of swap data repository for swap transaction and pricing data and swap data reporting. (1) Notifications. (2) Procedure. (i) The reporting counterparty shall report the change of swap data repository to the swap data repository to which the reporting counterparty is currently reporting swap transaction and pricing data and swap data as a life cycle event for such swap pursuant to § 45.4. (ii) On the same day that the reporting counterparty reports required swap continuation data as required by paragraph (d)(2)(i) of this section, the reporting counterparty shall also report the change of swap data repository to the swap data repository to which swap transaction and pricing data and swap data will be reported going forward as a life cycle event for such swap pursuant to § 45.4. The required swap continuation data report shall identify the swap using the same unique transaction identifier used to identify the swap at the previous swap data repository. (iii) Thereafter, all swap transaction and pricing data, required swap creation data, and required swap continuation data for the swap shall be reported to the same swap data repository, unless the reporting counterparty for the swap makes another change to the swap data repository to which such data is reported pursuant to paragraph (d) of this section. [85 FR 75564, Nov. 25, 2020] § 45.11 Data reporting for swaps in a swap asset class not accepted by any swap data repository. (a) Should there be a swap asset class for which no swap data repository currently accepts swap data, each swap execution facility, designated contract market, derivatives clearing organization, or reporting counterparty required by this part to report any required swap creation data or required swap continuation data with respect to a swap in that asset class must report that same data to the Commission. (b) Data subject to this section shall be reported at times announced by the Commission and in an electronic file in a format acceptable to the Commission. [85 FR 75565, Nov. 25, 2020] § 45.12 [Reserved] § 45.13 Required data standards. (a) Data reported to swap data repositories. (2) In reporting required swap creation data and required swap continuation data to a swap data repository, each reporting counterparty, swap execution facility, designated contract market, and derivatives clearing organization making such report shall satisfy the swap data validation procedures of the swap data repository. (3) In reporting swap data to a swap data repository as required by this part, each reporting counterparty, swap execution facility, designated contract market, and derivatives clearing organization shall use the facilities, methods, or data standards provided or required by the swap data repository to which the entity or counterparty reports the data. (b) Data validation acceptance message. (2) If a required swap creation data or required swap continuation data report to a swap data repository does not satisfy the data validation procedures of the swap data repository, the reporting counterparty, swap execution facility, designated contract market, or derivatives clearing organization required to submit the report has not yet satisfied its obligation to report required swap creation or continuation data in the manner provided by paragraph (a) of this section within the timelines set forth in §§ 45.3 and 45.4. The reporting counterparty, swap execution facility, designated contract market, or derivatives clearing organization has not satisfied its obligation until it submits the required swap data report in the manner provided by paragraph (a) of this section, which includes the requirement to satisfy the data validation procedures of the swap data repository, within the applicable time deadline set forth in §§ 45.3 and 45.4. [85 FR 75565, Nov. 25, 2020] § 45.14 Correcting errors in swap data and verification of swap data accuracy. (a) Correction of errors Swap execution facilities, designated contract markets, and reporting counterparties. (i) Timing requirement for correcting errors. (ii) Notification of failure to timely correct. (iii) Form and manner for error correction. (2) Non-reporting counterparties. (3) Exception. (b) Verification that swap data is complete and accurate. (1) Method of verification. (2) Verification policies and procedures. (3) Correcting errors. (4) Frequency. (i) If the reporting counterparty is a swap dealer, major swap participant, or derivatives clearing organization, once every thirty calendar days; or (ii) If the reporting counterparty is not a swap dealer, major swap participant, or a derivatives clearing organization, once every calendar quarter, provided that there are at least two calendar months between verifications. (5) Verification log. (c) Error defined Errors. (i) Any of the swap data for a swap reported to a swap data repository is incorrect or any of the swap data that is maintained by a swap data repository differs from any of the relevant swap data contained in the books and records of a party to the swap. (ii) Any of the swap data for a swap that is required to be reported to a swap data repository or to be maintained by a swap data repository is not reported to a swap data repository or is not maintained by the swap data repository as required by this part. (iii) None of the swap data for a swap that is required to be reported to a swap data repository or to be maintained by a swap data repository is reported to a swap data repository or is maintained by a swap data repository. (iv) Any of the swap data for a swap that is no longer an open swap is maintained by the swap data repository as if the swap is still an open swap. (2) Presumption. [85 FR 75654, Nov. 25, 2020] Editorial Note: At 89 FR 71812, Sept. 4, 2024, § 45.14 was amended by revising paragraph (a)(1)(ii). However, the amendment could not be incorporated due to an error in the amendatory instruction that misidentified the section. § 45.15 Delegation of authority. (a) Delegation of authority to the chief information officer. (1) The authority to determine the manner, format, coding structure, and electronic data transmission standards and procedures acceptable to the Commission for the purposes of § 45.11; (2) The authority to determine whether the Commission may permit or require use by swap execution facilities, designated contract markets, derivatives clearing organizations, or reporting counterparties in reporting pursuant to § 45.11 of one or more particular data standards (such as FIX, FpML, ISO 20022, or some other standard), to accommodate the needs of different communities of users; (3) The dates and times at which required swap creation data or required swap continuation data shall be reported pursuant to § 45.11; and (4) The chief information officer shall publish from time to time in the Federal Register (b) Delegation of authority to the Director of the Division of Market Oversight. (1) The authority to publish the technical specifications providing the form and manner for reporting the swap data elements in appendix 1 to this part to swap data repositories as provided in § 45.13(a)(1); (2) The authority to determine whether the Commission may permit or require use by swap execution facilities, designated contract markets, derivatives clearing organizations, or reporting counterparties in reporting pursuant to § 45.13(a)(1) of one or more particular data standards (such as FIX, FpML, ISO 20022, or some other standard), to accommodate the needs of different communities of users; (3) The dates and times at which required swap creation data or required swap continuation data shall be reported pursuant to § 45.13(a)(1); and (4) The Director of the Division of Market Oversight shall publish from time to time in the Federal Register [85 FR 75565, Nov. 25, 2020] Editorial Note: At 89 FR 71812, Sept. 4, 2024, § 45.15 was amended by revising paragraphs (a) introductory text, (a)(4), (b) introductory text, and (b)(4). However, the amendment could not be incorporated due to an error in the amendatory instruction that misidentified the section. Appendix 1 to Part 45—Swap Data Elements [85 FR 75566, Nov. 25, 2020]