Requesting Public Comment on Certification from TW SEF LLC to Implement Available-to-Trade Determinations for Certain Interest Rate and Credit Default Swaps
The Commodity Futures Trading Commission (CFTC or Commission) is requesting public comment on a certification from TW SEF LLC (TW SEF) to implement available-to-trade determinations for certain interest rate and credit default swap contracts. TW SEF submitted its available-to-trade determinations to the Commission on a self-certified basis pursuant to Commission regulations 37.10 and 40.6. If TW SEF’s submission is deemed certified by operation of Commission regulation 40.6, such swap contracts, whether listed or offered by TW SEF or any other designated contract market (DCM) or swap execution facility (SEF), will be subject to the trade execution requirement under section 2(h)(8) of the Commodity Exchange Act (CEA). All transactions involving swaps that are subject to the trade execution requirement generally must be executed on either a DCM or a SEF. In addition, to the extent that such transactions are executed on a SEF, they must be executed in accordance with the execution methods prescribed by Commission regulation 37.9(a)(2).