28754 Federal Register / Vol. 76, No. 96 / Wednesday, May 18, 2011 / Notices 

16 U.S.C 1801 et seq.) and its 

implementing regulations 50 CFR 

600.920(a). The ACOE determined that 

the proposed action would adversely 

affect EFH for species managed under 

the Pacific Coast Salmon, Pacific Coast 

Groundfish, and Coastal Pelagics 

Fishery Management Plans. NMFS 

SWRO determined that the proposed 

action would adversely affect EFH for 

species managed under the Pacific Coast 

Salmon, Pacific Coast Groundfish, and 

Coastal Pelagics Fishery Management 

Plans. Habitat will be lost during 

removal of wooden pilings; however, 

NMFS expected recolonization of the 

new pilings within a year. NMFS 

believes the proposed action has been 

designed to minimize and reduce the 

magnitude of potential effects during 

implementation of the proposed action. 

Therefore, NMFS provides no additional 

conservation recommendations. In 

addition, NMFS expects EFH will 

improve in the vicinity of the pier due 

to the following: 

(1) Removal and replacement of 

creosote-treated wooden piles with CISS 

concrete pilings; 

(2) A stormwater collection and 

treatment system where all stormwater 

will be collected and routed by gravity 

feed to an upland treatment cell that 

will provide detention, settling, and 

active filtering prior to complete 

infiltration; 

(3) Reduced artificial lighting effects; 

and 

(4) The HSU marine lab water intake 

associated with the pier will be fitted 

with NMFS-approved screens, 

minimizing the risk of entrainment of 

small prey fish species. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to issue 

an IHA to the Trinidad Rancheria for the 

harassment of small numbers (based on 

populations of the species and stock) of 

three species of marine mammals 

incidental to specified activities related 

to renovation of the Trinidad Pier, 

provided the previously mentioned 

mitigation, monitoring, and reporting 

requirements are incorporated. 

Information Solicited 

NMFS requests interested persons to 

submit comments and information 

concerning this proposed project and 

NMFS’ preliminary determination of 

issuing an IHA (see ADDRESSES). 

Concurrent with the publication of this 

notice in the Federal Register, NMFS is 

forwarding copies of this application to 

the Marine Mammal Commission and 

its Committee of Scientific Advisors. 

Dated: May 11, 2011. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2011–12067 Filed 5–17–11; 8:45 am] 

BILLING CODE 3510–22–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Notice of Intent To Renew 

Collection 3038–0026, Gross Collection 

of Exchange-Set Margins for Omnibus 

Accounts 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: The Commodity Futures 

Trading Commission (CFTC) is 

announcing an opportunity for public 

comment on the proposed collection of 

certain information by the agency. 

Under the Paperwork Reduction Act of 

1995 (PRA), 44 U.S.C. 3501 et seq., 

Federal agencies are required to publish 

notice in the Federal Register 

concerning each proposed collection of 

information, including each proposed 

extension of an existing collection of 

information, and to allow 60 days for 

public comment in response to the 

notice. This notice solicits comments on 

requirements relating to gross collection 

of Exchange-Set margins for Omnibus 

Accounts. 

DATES: Comments must be submitted on 

or before July 18, 2011. 

ADDRESSES: You may submit comments, 

identified by OMB Control Number 

3038–0026, by any of the following 

methods: 

• Agency Web site, via its Comments 

Online process: http:// 

comments.cftc.gov. Follow the 

instructions for submitting comments 

through the Web site. 

• Mail: Mark Bretscher, Division of 

Clearing and Intermediary Oversight, 

Commodity Futures Trading 

Commission, 525 W. Monroe, Suite 

1100, Chicago, IL 60661. 

Federal eRulemaking Portal: http:// 

www.regulations.gov/search/index.jsp. 

Follow the instructions for submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Mark Bretscher, (312) 596–0529; FAX 

(312) 596–0711; e-mail: 

mbretscher@cftc.gov. 

SUPPLEMENTARY INFORMATION: Under the 

PRA, Federal agencies must obtain 

approval from the Office of Management 

and Budget (OMB) for each collection of 

information they conduct or sponsor. 

‘‘Collection of information’’ is defined in 

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

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 concerning each 

proposed collection of information, 

including each proposed extension of an 

existing collection of information, 

before submitting the collection to OMB 

for approval. To comply with this 

requirement, the CFTC is publishing 

notice of the proposed collection of 

information listed below. 

With respect to the following 

collection of information, the CFTC 

invites comments on: 

• Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information will have a practical use; 

• The accuracy of the Commission’s 

estimate of the burden of the proposed 

collection of information, including the 

validity of the methodology and 

assumptions used; 

• Ways to enhance the quality, 

usefulness, and clarity of the 

information to be collected; and 

• Ways to minimize the burden of 

collection of information on those who 

are to respond, including through the 

use of appropriate automated electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology; e.g., permitting 

electronic submission of responses. 

Gross Collection of Exchange-Set 

Margins for Omnibus Accounts, OMB 

Control Number 3038–0026—Extension 

Commission Regulation 1.58 requires 

that FCMs margin omnibus accounts on 

a gross, rather than a net, basis. The 

regulation provides that the carrying 

FCM need not collect margin for 

positions traded by a person through an 

omnibus account in excess of the 

amount that would be required if the 

same person, instead of trading through 

an omnibus account, maintained its 

own account with the carrying FCM. 

The Commission estimates the burden 

of this collection of information as 

follows: 

• Estimated number of respondents: 

125. 

• Reports annually by each 

respondent: 4. 

• Total annual responses: 500. 

• Estimated average number of hours 

per response: .08. 

• Annual reporting burden: 40. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 96 / Wednesday, May 18, 2011 / Notices 28755 

1 In the Federal Register release proposing new 

Regulations 4.12(c) and 4.13(a)(5), the Commission 

explained the origins and use of the term 

‘‘Commodity ETF’’. 75 FR 54794, at 54795 (Sep. 9, 

2010). 

2 17 CFR 4.13 (2010). Commission regulations 

referred to herein may be accessed through the 

Commission’s Web site at http://www.cftc.gov. 

3 7 U.S.C. 12a(10) (2006). The Act also may be 

accessed through the Commission’s Web site. 

4 7 U.S.C. 21(j) (2006). 

5 7 U.S.C. 21(o)(1) (2006). 

6Letter from Robert K. Wilmouth, President of 

NFA, to Brooksley Born, Chairperson of the 

Commission, dated June 20, 1997. 

7As used in this Notice and Order, the term 

‘‘process’’ generally refers to the review of a notice 

for compliance with applicable requirements and, 

where necessary, advising the CPO of any 

deficiency related thereto. 

8See, e.g., 62 FR 52088 (Oct. 6, 1997), whereby 

the Commission delegated to NFA the authority to 

process various filings made under Part 4. 

9See, e.g., 75 FR 55310 (Sep. 10, 2010); 70 FR 

2621 (Jan. 14, 2005); and 68 FR 12684 (Mar. 17, 

2003). 

There are no capital costs or operating 

and maintenance costs associated with 

this collection. 

This estimate is based on the number 

of written records maintained in the last 

three years. Although the burden varies, 

such records may involve analytical 

work and analysis, as well as multiple 

levels of review. 

Dated: May 12, 2011. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2011–12185 Filed 5–17–11; 8:45 am] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Performance of Certain Functions by 

National Futures Association With 

Respect to Commodity Pool Operators 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice and Order. 

SUMMARY: The Commodity Futures 

Trading Commission (Commission) is 

authorizing the National Futures 

Association (NFA) to process: (1) Claims 

of exemption from certain Part 4 

requirements for commodity pool 

operators (CPOs) with respect to pools 

whose units are listed and traded on a 

national securities exchange 

(Commodity ETFs); and (2) notices of 

exemption from registration as a CPO 

filed by independent directors or 

trustees of Commodity ETFs. Further, 

the Commission is authorizing NFA to 

maintain and serve as the official 

custodian of certain Commission 

records. 

DATES: Effective Date: June 17, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Christopher W. Cummings, Special 

Counsel, Division of Clearing and 

Intermediary Oversight, or Barbara S. 

Gold, Associate Director, Division of 

Clearing and Intermediary Oversight, 

Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington, DC 20581, telephone 

number: (202) 418–5450; facsimile 

number: (202) 418–5528; and electronic 

mail: ccummings@cftc.gov, or 

bgold@cftc.gov, respectively. 

I. Authority and Background 

In a separate document published 

elsewhere in today’s Federal Register, 

the Commission is announcing adoption 

of new Regulation 4.12(c), which makes 

available to the CPOs of Commodity 

ETFs relief from certain disclosure, 

reporting and recordkeeping 

requirements, and new Regulation 

4.13(a)(5), which makes available relief 

from the requirement to register as a 

CPO for certain independent directors 

and trustees of Commodity ETFs.1 Relief 

under each of the new regulations must 

be claimed by the filing of specified 

notices and in the case of Regulation 

4.13(a)(5), certain additional statements. 

These filings are similar to filings 

currently made with NFA by CPOs 

seeking to claim relief under other 

provisions of Regulation 4.13.2

Section 8a(10) of the Commodity 

Exchange Act 3 (Act) provides that the 

Commission may authorize any person 

to perform any portion of the 

registration functions under the Act, 

notwithstanding any other provision of 

law, in accordance with rules adopted 

by such person and submitted to the 

Commission for approval or, if 

applicable, for review pursuant to 

Section 17(j) of the Act 4 and subject to 

the provisions of the Act applicable to 

registrations granted by the 

Commission. Section 17(o)(1) of the 

Act 5 provides that the Commission may 

require NFA to perform Commission 

registration functions in accordance 

with the Act and NFA rules. In this 

regard, the Commission notes that NFA 

has confirmed its willingness to perform 

certain functions that would otherwise 

be performed by the Commission.6

Upon consideration, the Commission 

has determined to authorize NFA, 90 

days following publication of this 

Notice and Order in the Federal 

Register, to perform the following 

functions: (1) To process 7 notices of 

claim under Regulation 4.12(c) for 

exemption from certain Part 4 

requirements; (2) to process notices of 

exemption pursuant to Rule 4.13(a)(5) 

from registration as a CPO; and (3) to 

maintain and to serve as the official 

custodian of records for such notices of 

claim for exemption. As discussed 

below, these functions involve 

exemption from certain disclosure, 

reporting and recordkeeping 

requirements for CPOs, and exemption 

from CPO registration for certain 

persons. This action is consistent with 

other action the Commission has taken 

with respect to delegating to NFA 

various responsibilities under Part 4 of 

the Commission’s regulations.8

A. Exemption From Certain Part 4 

Requirements for CPOs of Commodity 

ETFs 

Regulation 4.12(c) makes available an 

exemption from certain disclosure, 

reporting and reporting requirements for 

registered CPOs of Commodity ETFs. To 

perfect the exemption, Regulation 

4.12(d) requires eligible CPOs to file a 

notice of claim for exemption with NFA. 

By this Order, NFA is authorized to 

process claims for exemption filed by 

CPOs who meet the requirements set 

forth in Regulation 4.12(c). 

B. Exemption From Registration as a 

CPO for Independent Directors or 

Trustees 

Regulation 4.13(a)(5) makes available 

an exemption from CPO registration 

where a person is a director or trustee 

of a commodity pool solely to comply 

with the requirements under section 

10A of the Securities Exchange Act of 

1934, as amended, and any Securities 

and Exchange Commission rules and 

exchange listing requirements adopted 

pursuant thereto, that the pool have an 

audit committee comprised exclusively 

of independent directors or trustees. To 

perfect the exemption, Regulation 

4.13(b) requires eligible persons to file 

a notice of exemption with NFA. By this 

Order, NFA is authorized to process 

claims for exemption filed by persons 

who meet the requirements set forth in 

Regulation 4.13(a)(5). 

C. Recordkeeping Requirements 

By prior orders, the Commission has 

authorized NFA to maintain various 

other Commission registration records 

and has certified NFA as the official 

custodian of such records for this 

agency.9 The Commission has now 

determined, in accordance with its 

authority under Section 8a(10) of the 

Act, to authorize NFA to maintain and 

to serve as the official custodian of 

records for the claims required for the 

exemptions provided by Regulations 

4.12(c) and 4.13(a)(5). 

In maintaining the Commission’s 

records pursuant to this Order, NFA 

shall be subject to all other requirements 


srobinson on DSKHWCL6B1PROD with NOTICES