18536 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices 

1The Federal Register notice with a 60-day 

comment period soliciting comments on this 

collection of information was published on January 

11, 2011. 76 FR 1603. 

2Letter dated March 14, 2011, from trade 

associations comprising the ‘‘Not-for-Profit Electric 

End User Coalition’’ (Coalition). The Coalition 

challenged the CFTC’s estimates with respect to the 

number and diversity of affected entities. In 

response to this comment, the Commission has 

revised its estimates; these revisions are reflected in 

the instant notice as well as in the ICR forwarded 

to OMB. 

3Public Law 111–203, 124 Stat. 1376 (2010). 

4 76 FR 1603, 1604. 

5See CFTC NPRM: End-User Exception to 

Mandatory Clearing of Swaps, 75 FR 80747, 80756 

(Dec. 23, 2010). The Commission estimates that 

there are approximately 30,000 end users who are 

counterparties to a swap in a given year. While it 

is possible that the number of end users having preenactment swap transactions to report will be 

significantly lower, the 30,000 figure is the more 

conservative estimate. 

6 76 FR 1603, 1604. The estimated average hourly 

burden was estimated at .5 hours. 

interpretation or other auxiliary aids 

should be directed to Heidi Hermsmeyer 

at (562) 980–4036 by May 6, 2011. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: March 29, 2011. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–7946 Filed 4–1–11; 8:45 am] 

BILLING CODE 3510–22–P 

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 of 1995, 44 

U.S.C. 3501 et seq. (PRA), 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 May 4, 2011. 

For Further Information or a Copy 

Contact: Susan Nathan, Senior Special 

Counsel, Division of Market Oversight, 

Commodity Futures Trading 

Commission, (202) 418–5133; e-mail: 

snathan@cftc.gov. 

SUPPLEMENTARY INFORMATION: Under the 

PRA, Federal agencies must obtain 

approval from OMB for each collection 

of information they collect or sponsor. 

‘‘Collection of information’’ is defined in 

44 U.S.C. 3502(3) and 5 CFR 1320.3 and 

includes agency requests or 

requirements that members of the public 

submit reports, keep records, or provide 

information to a third party. Section 

3506(c)(2)(A) of the PRA, 44 U.S.C. 

3506(c)(2)(A), requires Federal agencies 

to provide a 60-day notice in the 

Federal Register for each proposed 

collection of information before 

submitting the collection to OMB for 

approval. Accordingly, on January 11, 

2011 the Commodity Futures Trading 

Commission (Commission or CFTC) 

published such a notice in the Federal 

Register, in connection with a recently 

adopted interim final rule for reporting 

pre-enactment swap transactions.1 The 

comment period closed on March 14, 

2011; one comment was received.2

OMB regulations at 5 CFR 1320, 

which implement provisions of the 

PRA, further require that on or before 

the date of submission to OMB of an 

ICR, an agency shall publish in the 

Federal Register a notice stating that 

OMB approval is being sought and 

requesting that comments be submitted 

to OMB within 30 days of the notice’s 

publication. An agency may not conduct 

or sponsor, and a person is not required 

to respond to, a collection of 

information unless it displays a valid 

OMB control number. Accordingly, the 

Commission has submitted a request to 

OMB for approval of a collection of 

information for 17 CFR part 44—Interim 

Final Rule for Reporting Pre-Enactment 

Swap Transactions. The Commission is 

requesting a 3-year term of approval for 

this information collection activity. 

Abstract: Section 729 of the Wall 

Street Reform and Consumer Protection 

Act (Dodd-Frank Act) 3 required the 

Commission to adopt, within 90 days of 

enactment of the Dodd-Frank Act, an 

interim final rule for the reporting of 

swap transactions entered into before 

July 21, 2010 whose terms had not 

expired as of that date (‘‘pre-enactment 

unexpired swaps’’). Pursuant to this 

mandate, the CFTC adopted an interim 

final rule requiring specified parties to 

pre-enactment unexpired swap 

transactions to report certain 

information related to those transactions 

to a swap data repository (SDR) or to the 

Commission by a compliance date to be 

established in reporting rules required 

under Section 2(h)(5) of the Commodity 

Exchange Act (CEA), or within 60 days 

after an appropriate SDR becomes 

registered under Section 21 of the CEA 

and commences operations, whichever 

occurs first. An interpretative note to 

the rule advises that, in order to comply 

with the reporting provisions of the 

rule, reporting parties that may be 

required to report to an SDR or to the 

CFTC will need to preserve information 

related to the terms of such swaps. 

The Commission initially estimated 

that approximately 1,800 entities would 

be affected by this rule. That number 

was based on the current estimate of the 

number of swap dealers (250), major 

swap participants (50) and other 

counterparties (1,500).4 Because the 

Commission has not heretofore 

regulated the swap market, it has not 

previously collected data to support its 

estimate. In its comment letter, the 

Coalition correctly observed that this 

estimate did not take into account 

roughly 2,900 members of the Coalition. 

Moreover, the Commission has 

estimated that there are roughly 30,000 

non-financial entities engaging in swap 

transactions 5 (including the Coalition 

members) which may be subject to the 

requirements of the interim final rule. 

Accordingly, the initial estimate of 

1,800 affected entities has been revised 

to 32,000. 

Because the interim final rule requires 

only that affected entities maintain data 

in its current form, and imposes no 

collection, manipulation, compilation or 

reporting of the data, the Commission 

initially estimated that the hourly 

burden would be de minimis.6 The 

Coalition suggests that the burden to be 

measured is not the time it would take 

each affected entity to advise its 

employees to retain particular records, 

but would also include time spent in 

reviewing, interpreting and analyzing 

the CEA, the Commission’s jurisdiction 

over pre-enactment unexpired swaps, 

and the relevance of the interim final 

rule to the particular industry. Finally, 

the Coalition notes that the burden to 

‘‘collect and retain’’ records is only a 

first step; should the Commission 

require any manipulation, compilation 

or interpretation of the data the burden 

will be significantly higher. The 

Commission has considered these 

comments and for the following reasons 

has concluded that its estimate is not 

inconsistent with the burden imposed 

by the interim final rule. The rule 

requires merely that affected parties 

retain data related to swap transactions 

to the extent that and in whatever form 

they currently keep such data until such 

time as permanent rules governing data 

recordkeeping and reporting are 

proposed and adopted by the 

Commission. None of the activities cited 

by the Coalition are contemplated by the 

interim final rule. 

Burden Statement: The respondent 

burden for this collection is estimated to 

average .5 hours per response. This 


Emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices 18537 

7 In arriving at a wage rate for the hourly costs 

imposed, Commission staff used the Management & 

Professional Earnings in the Securities Industry 

Report, published in 2010 by the Securities 

Industry and Financial Markets Associations (2010 

Report). The sage rate used the median salary of a 

Programmer as published in the 2010 Report and 

divided that figure by 2000 annual working hours 

to arrive at the hourly rate of $42.05. Because the 

interim final rule requires only that existing data be 

maintained in its current form, a programmer will 

be able to perform this task. 

estimate includes the time to locate the 

data related to the pre-enactment 

unexpired swap transaction and the 

time to ensure that the data is 

maintained in such form as it currently 

exists. The total annual cost burden per 

respondent is estimated to be $21.05. 

The Commission based its calculation 

on an hourly wage rate of $42.05 for a 

Programmer to maintain the data.7

Respondents/Affected Entities: Swap 

dealers, Major Swap Participants, and 

other counterparties to a swap 

transaction (i.e., end-user, non-SD/nonMSP counterparties). 

Estimated Number of Respondents: 

32,000. 

Estimated Total Annual Burden on 

Respondents: 16,000 hours. 

Frequency of Collection: Once. 

ADDRESSES: Comments regarding the 

burden estimated or any other aspect of 

the information collection, including 

suggestions for reducing the burden, 

may be submitted directly to the Office 

of Information and Regulatory Affairs 

(OIRA) in OMB, by e-mail at 

OIRAsubmissions@omb.eop.gov. Please 

provide the Commission with a copy of 

all submitted comments at the address 

listed below. Please refer to OMB 

Reference No. 201101–3038–002, found 

on http://reginfo.gov. 

Comments may also be submitted to: 

Susan Nathan, Senior Special Counsel, 

Division of Market Oversight, 

Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington, DC 2058; e-mail the 

Agency’s Web site at http:// 

comments.cftc.gov. Follow the 

instructions for submitting comments 

through the Web site. 

Comments may also be mailed to: 

David Stawick, Secretary of the 

Commission, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street, NW., 

Washington, DC 20581 or by Hand 

Delivery/Courier at the same address. 

A copy of the supporting statements 

for the collection of information 

discussed above may be obtained by 

visiting RegInfo.gov. 

Issued by the Commission, this 30th day of 

March 2011. 

David Stawick, 

Secretary of the Commission. 

[FR Doc. 2011–7943 Filed 4–1–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF DEFENSE 

Department of the Air Force 

U.S. Air Force Scientific Advisory 

Board; Notice of Meeting 

AGENCY: Department of the Air Force, 

US Air Force Scientific Advisory Board. 

ACTION: Meeting notice. 

SUMMARY: Under the provisions of the 

Federal Advisory Committee Act of 

1972 (5 U.S.C., Appendix, as amended), 

the Government in the Sunshine Act of 

1976 (5 U.S.C. 552b, as amended), and 

41 CFR 102–3.150, the Department of 

Defense announces that the United 

States Air Force Scientific Advisory 

Board (SAB) meeting will take place on 

5 April 2011 at the Ogden Air Logistics 

Center, Club Hill Building 450, 7420 

Miller Street, Hill Air Force Base, Utah, 

84056. The meeting will be from 8:00 

am—4:30 pm. The purpose of the 

meeting is to hold the SAB quarterly 

meeting to conduct classified 

discussions on the various missions of 

Hill Air Force Base, how capabilities are 

used in the field, and how this 

information relates to the FY11 SAB 

studies tasked by the SECAF. 

Pursuant to 5 U.S.C. 552b, as 

amended, and 41 CFR 102–3.155, the 

Administrative Assistant of the Air 

Force, in consultation with the Office of 

the Air Force General Counsel, has 

determined in writing that the public 

interest requires that all sessions of the 

United States Air Force Scientific 

Advisory Board meeting be closed to the 

public because they will be concerned 

with classified information and matters 

covered by sections 5 U.S.C. 552b(c) (1) 

and (4). 

Any member of the public wishing to 

provide input to the United States Air 

Force Scientific Advisory Board should 

submit a written statement in 

accordance with 41 CFR 102–3.140(c) 

and section 10(a)(3) of the Federal 

Advisory Committee Act and the 

procedures described in this paragraph. 

Written statements can be submitted to 

the Designated Federal Officer at the 

address detailed below at any time. 

Statements being submitted in response 

to the agenda mentioned in this notice 

must be received by the Designated 

Federal Officer at the address listed 

below at least five calendar days prior 

to the meeting which is the subject of 

this notice. Written statements received 

after this date may not be provided to 

or considered by the United States Air 

Force Scientific Advisory Board until its 

next meeting. The Designated Federal 

Officer will review all timely 

submissions with the United States Air 

Force Scientific Advisory Board 

Chairperson and ensure they are 

provided to members of the United 

States Air Force Scientific Advisory 

Board before the meeting that is the 

subject of this notice. 

Due to internal DoD difficulties, 

beyond the control of the U.S. Air Force 

Scientific Advisory Board or its 

Designated Federal Officer, the Board 

was unable to process the Federal 

Register notice for the 5 April 2011 

meeting of the U.S. Air Force Scientific 

Advisory Board as required by 41 CFR 

102–3.150(a). Accordingly, the Advisory 

Committee Management Officer for the 

Department of Defense, pursuant to 41 

CFR 102–3.150(b), waives the 15- 

calendar day notification requirement. 

FOR FURTHER INFORMATION CONTACT: The 

United States Air Force Scientific 

Advisory Board Executive Director and 

Designated Federal Officer, Lt Col 

Anthony M. Mitchell, 301–981–7135, 

United States Air Force Scientific 

Advisory Board, 1602 California Ave., 

Ste. #251, Andrews AFB, MD 20762, 

anthonym.mitchell@pentagon.af.mil. 

Bao-Anh Trinh, 

Air Force Federal Register Liaison Officer. 

[FR Doc. 2011–7866 Filed 4–1–11; 8:45 am] 

BILLING CODE 5001–10–P 

DEPARTMENT OF DEFENSE 

Department of the Air Force 

Notice—Nationwide Categorical 

Waivers Under Section 1605 (Buy 

American) of the American Recovery 

and Reinvestment Act of 2009 

(Recovery Act) 

AGENCY: 772D ENTERPRISE SOURCING 

SQUADRON, DOD, Air Force. 

SUMMARY: The U.S. Department of Air 

Force, 772d ESS/PK, Senior Center 

Contracting Official (SOCO) hereby 

provides notice that on 4 March 2011 a 

waiver of the Buy American 

requirements of the American Recovery 

and Reinvestment Act of 2009, Public 

Law 1115 (Recovery Act) under the 

authority of section 1605 (b)(2) [iron, 

steel, and the relevant manufactured 

goods are not produced in the United 

States in sufficient and reasonably 

available quantities and of satisfactory 

quality] for the of the following 

construction items to be incorporated 


Emcdonald on DSK2BSOYB1PROD with NOTICES