Agency Information Collection Activities Under OMB Review, 11856-11857 [2013-03792]
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Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Notices
provided the previously mentioned
mitigation, monitoring, and reporting
requirements are incorporated.
Dated: February 14, 2013.
Helen Golde,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2013–03808 Filed 2–19–13; 8:45 am]
BILLING CODE 3510–22–P
COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities Under OMB Review
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act, this Notice
announces that the Information
Collection Request (‘‘ICR’’) abstracted
below has been forwarded to the Office
of Management and Budget (‘‘OMB’’) for
review and comment. The ICR describes
the nature of the information collection
and its expected costs and burden.
DATES: Comments must be submitted on
or before March 22, 2013.
ADDRESSES: Send comments regarding
the burden estimated or any other
aspect of the information collection
described in this Notice, including
suggestions for reducing the burden, to
the addresses below. Please refer to
OMB Control No. 3038–NEW, Form TO
in any correspondence. Submit
comments to: Office of Information and
Regulatory Affairs, Office of
Management and Budget, by the
following method:
Mail: Office of Information and
Regulatory Affairs, Office of
Management and Budget, Attention:
Desk Officer for CFTC, 725 17th Street
NW., Washington, DC 20503.
And
SUMMARY:
1 See
17 CFR 145.9.
Options, 77 FR 25320, April 27,
srobinson on DSK4SPTVN1PROD with NOTICES
2 Commodity
2012.
3 See 7 U.S.C. 1a(47)(A)(i). Note that the swap
definition excludes options on futures (which must
be traded on a designated contract market (‘‘DCM’’)
pursuant to part 33 of the Commission’s
regulations) (see Commodity Exchange Act (‘‘CEA’’)
section 1a(47)(B)(i), 7 U.S.C. 1a(47)(B)(i)), but it
includes options on physical commodities (whether
or not traded on a DCM) (see CEA section
1a(47)(A)(i), 7 U.S.C. 1a(47)(A)(i)). Other options
excluded from the statutory definition of swap are
options on any security, certificate of deposit, or
group or index of securities, including any interest
therein or based on the value thereof, that are
subject to the Securities Act of 1933 and the
Securities Exchange Act of 1934 (see CEA section
1a(47)(B)(iii), 7 U.S.C. 1a(47)(B)(iii)) and foreign
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Commodity Futures Trading
Commission (‘‘CFTC’’), by any of the
following methods:
• Agency Web Site: https://
comments.cftc.gov. Follow the
instructions for submitting comments
through the Web site.
• Mail: Melissa Jurgens, Secretary of
the Commission, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street NW.,
Washington, DC 20581.
• Hand Delivery/Courier: Same
address as for ‘‘Mail,’’ above.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: Please submit your
comments to both OMB and CFTC (for
CFTC, use only one of the methods
listed above), and identify all comments
as pertaining to OMB Control No. 3038–
NEW, Form TO.
All comments must be submitted in
English, or if not, accompanied by an
English translation. Comments will be
posted as received, without change, to
www.cftc.gov. You should submit only
information that you wish to make
available publicly. If you wish the
Commission to consider information
that you believe is exempt from
disclosure under the Freedom of
Information Act, a petition for
confidential treatment of the exempt
information may be submitted according
to the procedures established in § 145.9
of the Commission’s regulations.1
FOR FURTHER INFORMATION CONTACT:
Donald Heitman, Division of Market
Oversight, dheitman@cftc.gov, (202)
418–5041, FAX: (202) 418–5507; or
David Aron, Office of the General
Counsel, daron@cftc.gov, (202) 418–
6621, FAX: (202) 418–5702; Commodity
Futures Trading Commission, 1155 21st
Street NW., Washington, DC 20581, and
refer to OMB Control No. 3038–NEW,
Form TO.
SUPPLEMENTARY INFORMATION:
Title: Form TO, Annual Notice Filing
for Counterparties to Unreported Trade
Options (OMB Control No. 3038–NEW,
Form TO). This is a request for approval
of a new collection of information.
Abstract: In accordance with section
721 of the Dodd-Frank Act, on April 27,
2012, the Commission published a final
and interim final rule governing
commodity options (‘‘Commodity
Options Rules’’).2 The final rule portion
of that rulemaking adopted the
Commission’s proposal to generally
permit market participants to trade
commodity options, which are
statutorily defined as swaps,3 subject to
the same rules applicable to every other
swap. The interim final rule portion of
the rulemaking includes a trade option
exemption for physically delivered
commodity options purchased by
commercial users of the commodities
underlying the options (‘‘Trade Option
Interim Final Rule’’ or ‘‘Trade Option
IFR’’), subject to certain conditions.
Those conditions, which include both
recordkeeping and reporting obligations,
are primarily intended to preserve a
level of market visibility for the
Commission while reducing the
regulatory compliance burden for
market participants. The requirement to
file Form TO constitutes the collection
of information within the meaning of
the Paperwork Reduction Act of 1995.
An agency may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number. The Form TO filing
requirement was promulgated last year
in the Commodity Options Rules, and
the associated collection of information
is now being submitted to OMB. The
Federal Register notice for the 60-day
comment period on this request for
approval of a new collection of
information was published on December
17, 2012.4 That notice included a
description of the content of Form TO
and when a person would be required
to file Form TO.
currency options entered into on a national
securities exchange registered pursuant to section
6(a) of the Securities Exchange Act of 1934 (see
CEA section 1a(47)(B)(iv), 7 U.S.C. 1a(47)(B)(iv)).
Note also that the Commission’s regulations
define a commodity option transaction or
commodity option as ‘‘any transaction or agreement
in interstate commerce which is or is held out to
be of the character of, or is commonly known to the
trade as, an ‘option,’ ‘privilege,’ ‘indemnity,’ ‘bid,’
‘offer,’ ‘call,’ ‘put,’ ‘advance guaranty’ or ‘decline
guaranty’.’’ 17 CFR 1.3(hh). For purposes of this
release, the Commission uses the term ‘‘commodity
options’’ to apply solely to commodity options not
excluded from the swap definition set forth in CEA
section 1a(47)(A), 7 U.S.C. 1a(47)(A). Last year, the
Commission published, jointly with the Securities
and Exchange Commission (‘‘SEC’’) final rules to
further define, among other things, the term
‘‘swap.’’ See Further Definition of ‘‘Swap,’’
‘‘Security-Based Swap,’’ and ‘‘Security-Based Swap
Agreement’’; Mixed Swaps; Security-Based Swap
Agreement; Final Rule, 77 FR 48207, August 13,
2012 (‘‘Product Definitions Final Rules’’). The
Product Definitions Final Rules address the
determination of whether a commodity option or a
transaction with optionality is subject to the swap
definition in the first instance. If a commodity
option or a transaction with optionality is excluded
from the scope of the swap definition (for example,
if it is an excluded forward contract—see id. at
48227), the commodity options rules, including the
Form TO reporting requirement, are not applicable.
4 See Agency Information Collection Activities:
Proposed Collection, Comment Request: Form TO,
Annual Notice Filing for Counterparties to
Unreported Trade Options, 77 FR 74647.
PO 00000
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11857
Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Notices
Burden statement: The Commission
estimates the burden of this collection
of information as follows:
ESTIMATED ANNUAL REPORTING BURDEN HOURS AND BURDEN HOUR COSTS
17 CFR
Annual
number of
respondents
Part 32, Appendix A, Form
TO.
Frequency of
response per
respondent
100
(Authority: 44 U.S.C. 3501 et seq.)
Dated: February 13, 2013.
Melissa D. Jurgens,
Secretary of the Commission.
[FR Doc. 2013–03792 Filed 2–19–13; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DoD–2013–OS–0028]
Submission for OMB Review;
Comment Request
ACTION:
Notice.
srobinson on DSK4SPTVN1PROD with NOTICES
The Department of Defense has
submitted to OMB for clearance, the
5 The Commission estimates that entities will
spend $100 per hour. The $100 per hour estimate
was used as the average hourly wage rate in the
PRA section of the Internal Business Conduct
Standards for Swap Dealers and Major Swap
Participants final rule (see Duties Rules; Futures
Commission Merchant and Introducing Broker
Conflicts of Interest Rules; and Chief Compliance
Officer Rules for Swap Dealers, Major Swap
Participants, and Futures Commission Merchants,
77 FR 20128, 20194 (Apr. 3, 2012)) and the wage
rate for CCOs under the DCO final rules (see
Proposed Collection, Comment Request: Further
Definition of ‘‘Swap,’’ ‘‘Security-Based Swap,’’ and
‘‘Security-Based Swap Agreement’’’; Mixed Swaps;
Security-Based Swap Agreement Recordkeeping:
Book-out Agreement Confirmation, 76 FR 69344,
69428 (Aug. 16, 2012)). As the Commission
explained in the Internal Business Conduct
Standards final rule, the estimate of $100 per hour
was based on recent Bureau of Labor Statistics
findings, including the mean hourly wage of an
employee under occupation code 23–1011,
‘‘Lawyers,’’ that is employed by the ‘‘Securities and
Commodity Contracts Intermediation and Brokerage
Industry,’’ which is $85.20. The mean hourly wage
of an employee under occupation code 11–3031,
‘‘Financial Manager,’’ in the same industry is
$80.90. Additionally, SIFMA’s ‘‘Report on
Management & Professional Earnings in the
Securities Industry—2011’’ estimates the average
wage of a compliance attorney at $96.42 and a
compliance specialist in the U.S. at $74.85 per
hour. As in those rules, the Commission is using a
$100 per hour wage rate in calculating the cost
burdens imposed by this collection of information
and requests comment on the accuracy of its
estimate.
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Annually ......
Hours per
response
and cost
Total annual
responses
2 hours at $200 per response 5.
100 (one form per otherwise unreported trade
option participant).
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
DATES: Consideration will be given to all
comments received by March 22, 2013.
Title, Associated Form and OMB
Number: Federal Agency Retail
Pharmacy Program; OMB Control
Number 0720–0032.
Type of Request: Extension.
Number of Respondents: 250.
Responses per Respondent: 8.
Annual Responses: 2000.
Average Burden per Response: 8
hours.
Annual Burden Hours: 16,000.
Needs and Uses: The Department of
Defense (DoD) is extending the
information collection requirements
under current OMB control number
0720–0032. Specifically, under the
collection of information, respondents
(drug manufacturers) will base refund
calculation reporting requirements on
both the Federal Ceiling Price and the
Federal Supply Schedule Price,
whichever is lower. Previously, drug
manufacturers’ reporting requirements
addressed only the Federal Ceiling
Price. DoD will use the reporting and
audit capabilities of the Pharmacy Data
Transaction Service (PDTS) to validate
refunds owed to the Government. The
government received approximately
$1.5 billion from pharmaceutical
companies as a result of this program/
refund calculation reporting
requirements.
Affected Public: Business or other forprofit.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: Mr. John Kraemer.
Written comments and
recommendations on the proposed
information collection should be sent to
Mr. Kraemer at the Office of
Management and Budget, Desk Officer
for DoD, Room 10236, New Executive
Office Building, Washington, DC 20503.
You may also submit comments,
identified by docket number and title,
by the following method:
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
Total hours
cost
$20,000 (100 responses
times 2 hours per response, based on
$100/hour).
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name, docket
number and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the Internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
DOD Clearance Officer: Ms. Patricia
Toppings.
Written requests for copies of the
information collection proposal should
be sent to Ms. Toppings at WHS/ESD
Information Management Division, 4800
Mark Center Drive, East Tower, Suite
02G09, Alexandria, VA 22350–3100.
Dated: January 31, 2013.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2013–03825 Filed 2–19–13; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF EDUCATION
[Docket No. ED–2013–ICCD–0015]
Agency Information Collection
Activities; Comment Request; William
D. Ford Federal Direct Loan Program
(DL) Regulations
Department of Education (ED),
Federal Student Aid (FSA).
ACTION: Notice.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 3501 et seq.), ED is
proposing an extension of an existing
information collection of a previously
approved information collection.
DATES: Interested persons are invited to
submit comments on or before April 22,
2013.
SUMMARY:
E:\FR\FM\20FEN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 34 (Wednesday, February 20, 2013)]
[Notices]
[Pages 11856-11857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03792]
=======================================================================
-----------------------------------------------------------------------
COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities Under OMB Review
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act, this Notice
announces that the Information Collection Request (``ICR'') abstracted
below has been forwarded to the Office of Management and Budget
(``OMB'') for review and comment. The ICR describes the nature of the
information collection and its expected costs and burden.
DATES: Comments must be submitted on or before March 22, 2013.
ADDRESSES: Send comments regarding the burden estimated or any other
aspect of the information collection described in this Notice,
including suggestions for reducing the burden, to the addresses below.
Please refer to OMB Control No. 3038-NEW, Form TO in any
correspondence. Submit comments to: Office of Information and
Regulatory Affairs, Office of Management and Budget, by the following
method:
Mail: Office of Information and Regulatory Affairs, Office of
Management and Budget, Attention: Desk Officer for CFTC, 725 17th
Street NW., Washington, DC 20503.
And
Commodity Futures Trading Commission (``CFTC''), by any of the
following methods:
Agency Web Site: https://comments.cftc.gov. Follow the
instructions for submitting comments through the Web site.
Mail: Melissa Jurgens, Secretary of the Commission,
Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st
Street NW., Washington, DC 20581.
Hand Delivery/Courier: Same address as for ``Mail,''
above.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: Please submit your comments to both OMB and CFTC (for
CFTC, use only one of the methods listed above), and identify all
comments as pertaining to OMB Control No. 3038-NEW, Form TO.
All comments must be submitted in English, or if not, accompanied
by an English translation. Comments will be posted as received, without
change, to www.cftc.gov. You should submit only information that you
wish to make available publicly. If you wish the Commission to consider
information that you believe is exempt from disclosure under the
Freedom of Information Act, a petition for confidential treatment of
the exempt information may be submitted according to the procedures
established in Sec. 145.9 of the Commission's regulations.\1\
---------------------------------------------------------------------------
\1\ See 17 CFR 145.9.
FOR FURTHER INFORMATION CONTACT: Donald Heitman, Division of Market
Oversight, dheitman@cftc.gov, (202) 418-5041, FAX: (202) 418-5507; or
David Aron, Office of the General Counsel, daron@cftc.gov, (202) 418-
6621, FAX: (202) 418-5702; Commodity Futures Trading Commission, 1155
21st Street NW., Washington, DC 20581, and refer to OMB Control No.
---------------------------------------------------------------------------
3038-NEW, Form TO.
SUPPLEMENTARY INFORMATION:
Title: Form TO, Annual Notice Filing for Counterparties to
Unreported Trade Options (OMB Control No. 3038-NEW, Form TO). This is a
request for approval of a new collection of information.
Abstract: In accordance with section 721 of the Dodd-Frank Act, on
April 27, 2012, the Commission published a final and interim final rule
governing commodity options (``Commodity Options Rules'').\2\ The final
rule portion of that rulemaking adopted the Commission's proposal to
generally permit market participants to trade commodity options, which
are statutorily defined as swaps,\3\ subject to the same rules
applicable to every other swap. The interim final rule portion of the
rulemaking includes a trade option exemption for physically delivered
commodity options purchased by commercial users of the commodities
underlying the options (``Trade Option Interim Final Rule'' or ``Trade
Option IFR''), subject to certain conditions. Those conditions, which
include both recordkeeping and reporting obligations, are primarily
intended to preserve a level of market visibility for the Commission
while reducing the regulatory compliance burden for market
participants. The requirement to file Form TO constitutes the
collection of information within the meaning of the Paperwork Reduction
Act of 1995. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. The Form TO filing requirement
was promulgated last year in the Commodity Options Rules, and the
associated collection of information is now being submitted to OMB. The
Federal Register notice for the 60-day comment period on this request
for approval of a new collection of information was published on
December 17, 2012.\4\ That notice included a description of the content
of Form TO and when a person would be required to file Form TO.
---------------------------------------------------------------------------
\2\ Commodity Options, 77 FR 25320, April 27, 2012.
\3\ See 7 U.S.C. 1a(47)(A)(i). Note that the swap definition
excludes options on futures (which must be traded on a designated
contract market (``DCM'') pursuant to part 33 of the Commission's
regulations) (see Commodity Exchange Act (``CEA'') section
1a(47)(B)(i), 7 U.S.C. 1a(47)(B)(i)), but it includes options on
physical commodities (whether or not traded on a DCM) (see CEA
section 1a(47)(A)(i), 7 U.S.C. 1a(47)(A)(i)). Other options excluded
from the statutory definition of swap are options on any security,
certificate of deposit, or group or index of securities, including
any interest therein or based on the value thereof, that are subject
to the Securities Act of 1933 and the Securities Exchange Act of
1934 (see CEA section 1a(47)(B)(iii), 7 U.S.C. 1a(47)(B)(iii)) and
foreign currency options entered into on a national securities
exchange registered pursuant to section 6(a) of the Securities
Exchange Act of 1934 (see CEA section 1a(47)(B)(iv), 7 U.S.C.
1a(47)(B)(iv)).
Note also that the Commission's regulations define a commodity
option transaction or commodity option as ``any transaction or
agreement in interstate commerce which is or is held out to be of
the character of, or is commonly known to the trade as, an `option,'
`privilege,' `indemnity,' `bid,' `offer,' `call,' `put,' `advance
guaranty' or `decline guaranty'.'' 17 CFR 1.3(hh). For purposes of
this release, the Commission uses the term ``commodity options'' to
apply solely to commodity options not excluded from the swap
definition set forth in CEA section 1a(47)(A), 7 U.S.C. 1a(47)(A).
Last year, the Commission published, jointly with the Securities and
Exchange Commission (``SEC'') final rules to further define, among
other things, the term ``swap.'' See Further Definition of ``Swap,''
``Security-Based Swap,'' and ``Security-Based Swap Agreement'';
Mixed Swaps; Security-Based Swap Agreement; Final Rule, 77 FR 48207,
August 13, 2012 (``Product Definitions Final Rules''). The Product
Definitions Final Rules address the determination of whether a
commodity option or a transaction with optionality is subject to the
swap definition in the first instance. If a commodity option or a
transaction with optionality is excluded from the scope of the swap
definition (for example, if it is an excluded forward contract--see
id. at 48227), the commodity options rules, including the Form TO
reporting requirement, are not applicable.
\4\ See Agency Information Collection Activities: Proposed
Collection, Comment Request: Form TO, Annual Notice Filing for
Counterparties to Unreported Trade Options, 77 FR 74647.
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[[Page 11857]]
Burden statement: The Commission estimates the burden of this
collection of information as follows:
Estimated Annual Reporting Burden Hours and Burden Hour Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual number Frequency of response Hours per response and
17 CFR of respondents per respondent cost Total annual responses Total hours cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 32, Appendix A, Form TO........ 100 Annually................ 2 hours at $200 per 100 (one form per $20,000 (100 responses
response \5\. otherwise unreported times 2 hours per
trade option response, based on
participant). $100/hour).
--------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
\5\ The Commission estimates that entities will spend $100 per
hour. The $100 per hour estimate was used as the average hourly wage
rate in the PRA section of the Internal Business Conduct Standards
for Swap Dealers and Major Swap Participants final rule (see Duties
Rules; Futures Commission Merchant and Introducing Broker Conflicts
of Interest Rules; and Chief Compliance Officer Rules for Swap
Dealers, Major Swap Participants, and Futures Commission Merchants,
77 FR 20128, 20194 (Apr. 3, 2012)) and the wage rate for CCOs under
the DCO final rules (see Proposed Collection, Comment Request:
Further Definition of ``Swap,'' ``Security-Based Swap,'' and
``Security-Based Swap Agreement'''; Mixed Swaps; Security-Based Swap
Agreement Recordkeeping: Book-out Agreement Confirmation, 76 FR
69344, 69428 (Aug. 16, 2012)). As the Commission explained in the
Internal Business Conduct Standards final rule, the estimate of $100
per hour was based on recent Bureau of Labor Statistics findings,
including the mean hourly wage of an employee under occupation code
23-1011, ``Lawyers,'' that is employed by the ``Securities and
Commodity Contracts Intermediation and Brokerage Industry,'' which
is $85.20. The mean hourly wage of an employee under occupation code
11-3031, ``Financial Manager,'' in the same industry is $80.90.
Additionally, SIFMA's ``Report on Management & Professional Earnings
in the Securities Industry--2011'' estimates the average wage of a
compliance attorney at $96.42 and a compliance specialist in the
U.S. at $74.85 per hour. As in those rules, the Commission is using
a $100 per hour wage rate in calculating the cost burdens imposed by
this collection of information and requests comment on the accuracy
of its estimate.
---------------------------------------------------------------------------
(Authority: 44 U.S.C. 3501 et seq.)
Dated: February 13, 2013.
Melissa D. Jurgens,
Secretary of the Commission.
[FR Doc. 2013-03792 Filed 2-19-13; 8:45 am]
BILLING CODE 6351-01-P
