The Manufacturing Council: Meeting of the Manufacturing Council, 60411 [2010-24604]
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Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices
This notice is published in
accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216.
Dated: September 24, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–24602 Filed 9–29–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
The Manufacturing Council: Meeting of
the Manufacturing Council
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an Open Meeting.
AGENCY:
to Jennifer Pilat at the contact
information indicated above. To be
considered during the meeting,
comments must be received no later
than 5 p.m. Eastern Time on October 7,
2010, to ensure transmission to the
Council prior to the meeting. Comments
received after that date will be
distributed to the members but may not
be considered at the meeting.
Copies of Council meeting minutes
will be available within 90 days of the
meeting.
Dated: September 27, 2010.
Jennifer Pilat,
Executive Secretary, The Manufacturing
Council.
[FR Doc. 2010–24604 Filed 9–27–10; 4:15 pm]
BILLING CODE 3510–DR–P
The Manufacturing Council
will hold a meeting to discuss and
identify the priority issues affecting the
U.S. manufacturing industry, which
may include increasing exports, supply
chain and access to credit, among
others. The Council was re-chartered on
April 8, 2010, to advise the Secretary of
Commerce on matters relating to the
U.S. manufacturing industry.
DATES: October 14, 2010
Time: 10 a.m.
ADDRESSES: Department of Commerce,
1401 Constitution Avenue, NW., Room
4830, Washington, DC, 20230. Because
of building security, all non-government
attendees must pre-register. This
program will be physically accessible to
people with disabilities. Seating is
limited and will be on a first come, first
served basis. Requests for sign language
interpretation, other auxiliary aids, or
pre-registration, should be submitted no
later than October 7, 2010, to Jennifer
Pilat, the Manufacturing Council, Room
4043, 1401 Constitution Avenue, NW.,
Washington, DC, 20230, telephone 202–
482–4501, jennifer.pilat@trade.gov. Last
minute requests will be accepted, but
may be impossible to fill.
FOR FURTHER INFORMATION CONTACT:
Jennifer Pilat, the Manufacturing
Council, Room 4043, 1401 Constitution
Avenue, NW., Washington, DC, 20230,
telephone: 202–482–4501, e-mail:
jennifer.pilat@trade.gov.
COMMODITY FUTURES TRADING
COMMISSION
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SUMMARY:
SUPPLEMENTARY INFORMATION:
No time will be available for oral
comments from members of the public
attending the meeting. Any member of
the public may submit pertinent written
comments concerning the Council’s
affairs at any time before and after the
meeting. Comments may be submitted
VerDate Mar<15>2010
17:48 Sep 29, 2010
Jkt 220001
Request for Comment on Options for
a Proposed Exemptive Order Relating
to the Trading and Clearing of
Precious Metal Commodity-Based
ETFs; Concept Release
Commodity Futures Trading
Commission.
ACTION: Notice of options for a proposed
exemptive order and request for
comment; concept release.
AGENCY:
Recently, the Commodity
Futures Trading Commission
(‘‘Commission,’’ or ‘‘CFTC’’) has been
confronted with the question of how to
treat certain transactions on fractional
undivided interests, or shares, in single
commodity investment products
referred to as exchange traded funds
(‘‘ETF’’ or ‘‘ETFs’’),1 primarily in the
SUMMARY:
1 This Release is limited to those ‘‘Commodity
ETFs’’ that are structured as grantor trusts with an
investment objective of achieving the price
performance of the underlying commodity or
commodities held by such trust, less expenses.
Further, for purposes of this Release, the term or
label ‘‘ETF’’ is loosely applied to precious metal
commodity-based ETFs (as used interchangeably
herein, ‘‘Precious Metal Commodity-Based ETFs’’ or
‘‘Commodity-Based ETFs’’), see section 3(a)(1) of the
Investment Company Act of 1940 (the ‘‘1940 Act’’)
and Securities and Exchange Commission (‘‘SEC’’),
Exchange-Traded Funds, Investment Company Act
Release No. 28192 (March 11, 2008), 73 FR 14618,
14623 (March 18, 2008). As used herein, ‘‘Precious
Metal’’ indicates either gold, silver, palladium, or
platinum.
Additionally, when we refer to an ‘‘ETF’’ in this
Concept Release, we are not (unless the context
otherwise requires) referring to an entity that meets
the definition of an ‘‘investment company’’ and is
registered under the 1940 Act. This Release also
does not address those ‘‘ETF Commodity Pools’’ that
attempt to track a benchmark index or commodity
by engaging in the purchase of commodity futures
and/or options contracts. These ETF Commodity
Pools are subject to regulation by the Commission
as a commodity pool operator (‘‘CPO’’) and/or
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
60411
metals complex. The ETFs have in all
relevant instances been structured as
trusts (singularly, ‘‘ETF Trust’’ or
‘‘Trust’’),2 the assets of which consist of
holdings of one specific physical
commodity.3 The explicit and sole
investment objective of each of these
ETF Trusts is to track as nearly as
possible the spot price of the underlying
physical commodity less the expenses
of trust operations. The listing of these
ETF shares provides shareholders with
efficient exposure to commodity market
price movements.4 These Precious
Metal Commodity-Based ETFs have
primarily focused on holding either gold
or silver, with a recent expansion into
palladium and platinum. The
Commission has issued Orders pursuant
to Section 4(c) of the Commodity
Exchange Act (the ‘‘Act’’) permitting the
trading and clearing of certain
transactions on these Trusts as,
respectively, options on securities and
security futures.5 The Previous Orders
have provided exemptions from certain
provisions of the Act, or the
Commission’s regulations thereunder,
which might have been transgressed by
trading or clearing, among other things,
options and futures on CommodityBased ETFs. The exemption mechanism
has enabled the Commission to reserve
judgment as to the jurisdictional
classification (i.e. commodity or
security) of Commodity-Based ETFs and
options and futures on CommodityBased ETFs while at the same time
providing a mechanism to ensure both
that the Commission’s regulatory
commodity trading adviser (‘‘CTA’’) and may not
implicate regulatory issues raised in this Release.
2 See e.g. NYSEArca Rule 8.201 (CommodityBased Trust Shares); NYSEAmex Rule 1200A
(Commodity-Based Trust Shares); NYSE Rule 1300
(streetTracks Gold Shares); and BATS Exchange
Rule 14.4.
3 See, however, Securities Exchange Act Release
Nos. 62402 (June 29, 2010), 75 FR 39292 (July 8,
2010) (notice of filing of a proposal to list and trade
shares of the ETFS Precious Metals Basket Trust
consisting of gold, silver, palladium, and platinum)
and 62620 (July 30, 2010) (notice of a proposal to
list and trade shares of ETFS White Metals Basket
Trust consisting of silver, palladium, and
platinum).
4 For a previous Commission discussion of the
structural and arbitrage mechanisms underlying a
physical gold ETF, see Description of the
Underlying Commodity in CFTC, Proposed
Exemptive Order for ST Gold Futures Contracts, 73
FR 13867, at 13868 (March 14, 2008).
5 See CFTC, Order Exempting the Trading and
Clearing of Certain Products Related to SPDR®
Gold Trust Shares, 73 FR 31981 (June 5, 2008),
CFTC, Order Exempting the Trading and Clearing
of Certain Products Related to iShares® COMEX
Gold Trust Shares and iShares® Silver Trust
Shares, 73 FR 79830 (December 30, 2008), and
CFTC, Order Exempting the Trading and Clearing
of Certain Products Related to ETFS Physical Swiss
Gold Shares and ETFS Physical Silver Shares, 75
FR 37406 (June 29, 2010) (collectively, the
‘‘Previous Orders’’).
E:\FR\FM\30SEN1.SGM
30SEN1
Agencies
[Federal Register Volume 75, Number 189 (Thursday, September 30, 2010)]
[Notices]
[Page 60411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24604]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
The Manufacturing Council: Meeting of the Manufacturing Council
AGENCY: International Trade Administration, U.S. Department of
Commerce.
ACTION: Notice of an Open Meeting.
-----------------------------------------------------------------------
SUMMARY: The Manufacturing Council will hold a meeting to discuss and
identify the priority issues affecting the U.S. manufacturing industry,
which may include increasing exports, supply chain and access to
credit, among others. The Council was re-chartered on April 8, 2010, to
advise the Secretary of Commerce on matters relating to the U.S.
manufacturing industry.
DATES: October 14, 2010
Time: 10 a.m.
ADDRESSES: Department of Commerce, 1401 Constitution Avenue, NW., Room
4830, Washington, DC, 20230. Because of building security, all non-
government attendees must pre-register. This program will be physically
accessible to people with disabilities. Seating is limited and will be
on a first come, first served basis. Requests for sign language
interpretation, other auxiliary aids, or pre-registration, should be
submitted no later than October 7, 2010, to Jennifer Pilat, the
Manufacturing Council, Room 4043, 1401 Constitution Avenue, NW.,
Washington, DC, 20230, telephone 202-482-4501,
jennifer.pilat@trade.gov. Last minute requests will be accepted, but
may be impossible to fill.
FOR FURTHER INFORMATION CONTACT: Jennifer Pilat, the Manufacturing
Council, Room 4043, 1401 Constitution Avenue, NW., Washington, DC,
20230, telephone: 202-482-4501, e-mail: jennifer.pilat@trade.gov.
SUPPLEMENTARY INFORMATION:
No time will be available for oral comments from members of the
public attending the meeting. Any member of the public may submit
pertinent written comments concerning the Council's affairs at any time
before and after the meeting. Comments may be submitted to Jennifer
Pilat at the contact information indicated above. To be considered
during the meeting, comments must be received no later than 5 p.m.
Eastern Time on October 7, 2010, to ensure transmission to the Council
prior to the meeting. Comments received after that date will be
distributed to the members but may not be considered at the meeting.
Copies of Council meeting minutes will be available within 90 days
of the meeting.
Dated: September 27, 2010.
Jennifer Pilat,
Executive Secretary, The Manufacturing Council.
[FR Doc. 2010-24604 Filed 9-27-10; 4:15 pm]
BILLING CODE 3510-DR-P