(a) A swap transaction shall be subject to the requirements of section 2(h)(8) of the Act upon the later of:
- (1) The applicable deadline established under the compliance schedule provided under § 50.25(b) of this chapter; or
- (2) Thirty days after the available-to-trade determination submission or certification for that swap is, respectively, deemed approved under § 40.5 of this chapter or deemed certified under § 40.6 of this chapter.
- (b) Nothing in this section shall prohibit any counterparty from complying voluntarily with the requirements of section 2(h)(8) of the Act sooner than as provided in paragraph (a) of this section.
[78 FR 33630, June 4, 2013]