Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Notices 74647 

32. ZhangJiaGang ZhongYuan Pipe-Making 

Co. 

33. Zhejiang Jianli Enterprise Co., Ltd. 

[FR Doc. 2012–30221 Filed 12–14–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Application(s) for Duty-Free Entry of 

Scientific Instruments 

Pursuant to Section 6(c) of the 

Educational, Scientific and Cultural 

Materials Importation Act of 1966 (Pub. 

L. 89–651, as amended by Pub. L. 106– 

36; 80 Stat. 897; 15 CFR part 301), we 

invite comments on the question of 

whether instruments of equivalent 

scientific value, for the purposes for 

which the instruments shown below are 

intended to be used, are being 

manufactured in the United States. 

Comments must comply with 15 CFR 

301.5(a)(3) and (4) of the regulations and 

be postmarked on or before January 7, 

2013. Address written comments to 

Statutory Import Programs Staff, Room 

3720, U.S. Department of Commerce, 

Washington, DC 20230. Applications 

may be examined between 8:30 a.m. and 

5:00 p.m. at the U.S. Department of 

Commerce in Room 3720. 

Docket Number: 12–053. Applicant: 

University of Colorado Boulder, 1800 

Grant St., Suite 500, Denver, CO 80203. 

Instrument: HF2LI Lock-In System. 

Manufacturer: Zurich Instruments AG, 

Switzerland. Intended Use: The 

instrument will be used to measure 

detected near-field signals scattered off 

an Atomic Force Microscope (AFM) tip 

in a scattering-Scanning Near-field 

Optical Microscope (s-SNOM). The 

instrument will detect the magnitude 

and phase of the light scattered by an 

AFM tip to measure the electromagnetic 

near-field of optical antennas, 

plasmonics in metals and 

semiconductors (including graphene), 

photonic crystals, and other nanoscale 

spectroscopy applications. The 

instrument has the ability to fully 

digitize the measured signal and analyze 

it at 50 MHz, as well as the ability to 

demodulate many frequencies at once, 

which is essential to the measurement 

technique. Demodulation at 50 MHz is 

necessary because the AFM tip 

oscillates at 350–300 kHz, and higher 

harmonics (5th or 6th) of this oscillation 

must be measured to isolate the nearfield signal. Justification for Duty-Free 

Entry: There are no instruments of the 

same general category manufactured in 

the United States. Application accepted 

by Commissioner of Customs: November 

2, 2012. 

Docket Number: 12–054. Applicant: 

Purdue University, 525 Northwestern 

Ave., West Lafayette, IN 47907–2036. 

Instrument: DD Neutron Generator. 

Manufacturer: NSD Fusion, Germany. 

Intended Use: The instrument will be 

used to determine the behavior of 

produced scintillation light and 

ionization electrons of low energy 

nuclear recoils of Xenon, as well as to 

compare the combination of energy 

released in these two channels to energy 

released in electronic recoils of the same 

energy. The scintillation and ionization 

signals are studied in a detector vessel 

that lies underneath 5 meters of water, 

thus the instrument needs to be water 

tight. To study the scintillation light and 

ionization behavior of liquid xenon to 

neutrons from a mono-energetic neutron 

source with energies close to 2.5 MeV, 

each neutron interaction must be 

resolved separately, and thus arrive at 

most once every millisecond. The 

instrument has been proven to show 

less than a few hundred counts per 

second when operated at low voltage, 

and thus meets this requirement. 

Justification for Duty-Free Entry: There 

are no instruments of the same general 

category manufactured in the United 

States. Application accepted by 

Commissioner of Customs: November 2, 

2012. 

Docket Number: 12–057. Applicant: 

Massachusetts Institute of Technology, 

190 Albany St., NW21–121, Cambridge, 

MA 02139. Instrument: Fast Ferrite 

Tuner. Manufacturer: AFT Microwave 

GmbH, Germany. Intended Use: The 

instrument is part of a magnetic fieldaligned Ion Cyclotron RF antenna, 

which is used to automatically follow 

the load variation in real time and make 

the antenna system load tolerant. The 

instrument’s unique specifications are 

its frequency range of 50–80 MHz and 

5 MW circulating power. Justification 

for Duty-Free Entry: There are no 

instruments of the same general 

category manufactured in the United 

States. Application accepted by 

Commissioner of Customs: November 

15, 2012. 

Dated: December 11, 2012. 

Gregory W. Campbell, 

Director of Subsidies Enforcement, Import 

Administration. 

[FR Doc. 2012–30342 Filed 12–14–12; 8:45 am] 

BILLING CODE 3510–DS–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Proposed Collection, 

Comment Request: Form TO, Annual 

Notice Filing for Counterparties to 

Unreported Trade Options 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) is announcing an opportunity 

for public comment on the proposed 

collection of certain information by the 

agency. Under the Paperwork Reduction 

Act (‘‘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 and to allow 60 days for 

public comment. The Commission 

recently adopted a final rule and interim 

final rule, as required by the DoddFrank Wall Street Reform and Consumer 

Protection Act (‘‘Dodd-Frank Act’’), 

governing commodity options. That 

rulemaking includes a requirement that 

counterparties to unreported trade 

options must file an annual notice with 

the Commission on new Form TO. This 

notice solicits comments on the 

reporting requirement that would be 

imposed by Form TO. 

DATES: Comments must be submitted on 

or before February 15, 2013. 

ADDRESSES: You may submit comments, 

regarding the burden estimated or any 

other aspect of the information 

collection, including suggestions for 

reducing the burden. Please refer to 

‘‘Form TO, ‘Annual Notice Filing for 

Counterparties to Unreported Trade 

Options’’’ in any correspondence. 

Comments may be submitted by any of 

the following methods: 

• Mail: Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, Attention: 

Desk Officer for CFTC, 725 17th Street, 

Washington, DC 20503. 

• The Agency’s Web site, at http:// 

comments.cftc.gov/. Follow the 

instructions for submitting comments 

through the Web site. 

• Mail: Sauntia S. Warfield, Assistant 

Secretary of the Commission, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW., Washington, DC 

20581. 

• Hand Delivery/Courier: Same as 

mail above. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 


srobinson on DSK4SPTVN1PROD with 
74648 Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Notices 

1 17 CFR 145.9. 

2 77 FR 25320, April 27, 2012. 

3See 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). The 

Commission recently published, in conjunction 

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 ‘‘SecurityBased Swap Agreement’’; Mixed Swaps; SecurityBased 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. 

4The Commission recently adopted final swap 

data recordkeeping and reporting rules as new part 

45 of the Commission’s regulations. See Swap Data 

Recordkeeping and Reporting Requirements 77 FR 

2136, Jan. 13, 2012. The information in this notice 

regarding part 45 recordkeeping and reporting is 

provided as background, in order to describe Form 

TO in context. However, this notice applies only to 

Form TO. The PRA implications of the part 45 

recordkeeping and reporting requirements were 

analyzed as part of the part 45 rulemaking process 

and discussed in the final swap data recordkeeping 

and reporting rules. 

5 17 CFR 45.2, id. at 2198. 

6 17 CFR 45.2(h) provides that: 

[a]ll records required to be kept pursuant to this 

section [17 CFR 45.2] by any registrant or its 

affiliates or by any non-SD/MSP counterparty 

subject to the jurisdiction of the Commission shall 

be open to inspection upon request by any 

representative of the Commission, the United States 

Department of Justice, or the [SEC], or by any 

representative of a prudential regulator as 

authorized by the Commission. Copies of all such 

records shall be provided, at the expense of the 

entity or person required to keep the record, to any 

representative of the Commission upon request. 

Copies of records required to be kept by any 

registrant shall be provided either by electronic 

means, in hard copy, or both, as requested by the 

Commission, with the sole exception that copies of 

records originally created and exclusively 

maintained in paper form may be provided in hard 

copy only. Copies of records required to be kept by 

any non-SD/MSP counterparty subject to the 

jurisdiction of the Commission that is not a 

Commission registrant shall be provided in the 

form, whether electronic or paper, in which the 

records are kept. 

7See 17 CFR 45.3–45.5, 77 FR at 2199–2204. 

Please submit your comments using 

only one method. 

All comments must be submitted in 

English, or if not, accompanied by an 

English translation. Comments will be 

posted as received to www.cftc.gov. 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, Senior Special 

Counsel, (202) 418–5041, 

dheitman@cftc.gov, Division of Market 

Oversight, or David Aron, Counsel, 

(202) 418–6621, daron@cftc.gov, Office 

of the General Counsel, Commodity 

Futures Trading Commission, Three 

Lafayette Centre, 1155 21st Street NW., 

Washington, DC 20581 

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 

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 

before submitting the collection to OMB 

for approval. 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 control number. To 

comply with this requirement, the CFTC 

is publishing the notice of the proposed 

collection of information listed below. 

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. 

1. Recordkeeping Pursuant to Part 45 4

The conditions set out in the Trade 

Option IFR include recordkeeping 

requirements for any trade options 

activity, i.e., the recordkeeping 

requirements of 17 CFR 45.2.5 Such 

records must be maintained by all trade 

option participants pursuant to § 45.2 

and made available to the Commission 

as specified therein.6 Section 45.2 

applies different recordkeeping 

requirements, depending on the nature 

of the counterparty. For example, if a 

trade option counterparty is a swap 

dealer (‘‘SD’’) or major swap participant 

(‘‘MSP’’), it would be subject to the 

comprehensive recordkeeping 

requirements of § 45.2(a). If a 

counterparty is neither an SD nor an 

MSP, it would be subject to the less 

stringent recordkeeping requirements of 

§ 45.2(b). The recordkeeping 

requirement is intended to ensure that 

trade options market participants are 

able to provide pertinent information 

regarding their trade options activity to 

the Commission, if requested. 

2. Reporting Pursuant to Part 45 

In addition to part 45 recordkeeping 

(which applies in some form to all trade 

options and trade option participants), 

the interim final rule requires certain 

trade options to be reported pursuant to 

part 45’s reporting provisions.7 Under 

the interim final rule, the determination 

as to whether a trade option is required 

to be reported pursuant to part 45 is 

based on the parties to the trade option 

and whether or not they have previously 

reported swaps pursuant to part 45. 

Specifically, if any trade option involves 

at least one counterparty (whether as 

buyer or seller) that has (1) become 

obligated to comply with the reporting 

requirements of part 45, (2) as a 

reporting party, (3) during the twelve 

month period preceding the date on 

which the trade option is entered into, 

(4) in connection with any non-trade 

option swap trading activity, then such 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Notices 74649 

8See 77 FR 25327, April 27, 2012, and 17 CFR 

45.8. 

9That is, neither counterparty to the trade option 

has previously reported, as the reporting party, nontrade option swap trading activity during the twelve 

months preceding the date on which the trade 

option is entered into. 

10By taking this approach, the Commission 

ensures that no market participant is compelled to 

comply with part 45’s reporting requirements based 

solely on its trade options activity. 11See 77 FR 25320 at 25340–43. 

12See 17 CFR 1.31(a)(2) and 17 CFR 45.2(h). 

13See 77 FR 25320 at 25328. 

14 7 U.S.C. 12(a)(1). 

trade option must also be reported 

pursuant to the reporting requirements 

of part 45. If only one counterparty to 

a trade option has previously complied 

with the part 45 reporting provisions, as 

described above, then that counterparty 

shall be the part 45 reporting entity for 

the trade option. If both counterparties 

have previously complied with the part 

45 reporting provisions, as described 

above, then the part 45 rules for 

determining the reporting party will 

apply.8

By applying the part 45 reporting 

requirements to trade options in this 

manner, the Commission will obtain 

greater transparency and improved 

oversight of the swaps markets, both of 

which are primary statutory objectives 

of Title VII of the Dodd-Frank Act. 

The Commission believes, however, 

that greater transparency regarding the 

trade options market must be balanced 

against the burdens of frequent and 

near-instantaneous reporting required 

under part 45 of the Commission’s 

regulations on counterparties who are 

not otherwise obligated to report 

because they do not have other 

reportable swap activity. Accordingly, if 

neither counterparty to a trade option 

already is complying with the reporting 

requirements of part 45 as a reporting 

party in connection with its non-trade 

option swap trading activities as 

described above,9 then such trade 

option is not required to be reported 

pursuant to the reporting requirements 

of part 45.10

3. Annual Notice Filing Alternative to 

Part 45 Reporting: Form TO 

To the extent that neither 

counterparty to a trade option has 

previously submitted reports to a swap 

data repository (‘‘SDR’’) as a result of its 

swap trading activities as described 

above, the Commission recognizes that 

requiring these entities to report trade 

options to an SDR under part 45 of the 

Commission’s regulations solely with 

respect to their trade options activity 

would be costly and time consuming. 

As an alternative, the Trade Option IFR 

requires any counterparty to an 

otherwise unreported trade option to 

submit an annual filing to the 

Commission for the purpose of 

providing notice that it has entered into 

one or more unreported trade options in 

the prior calendar year. Unlike with 

trade options subject to the part 45 

reporting requirement, wherein only 

one counterparty to the trade option 

reports the transaction to an SDR, the 

notice filing requirement applies to both 

counterparties to an unreported trade 

option. Because the purpose of the 

notice filing requirement is to identify 

to the Commission those market 

participants engaging in unreported 

trade options, the notice filing 

requirement applies whether or not 

such counterparty has also been a nonreporting counterparty to a reported 

trade option in the twelve months 

preceding the date on which the 

unreported trade option was entered 

into. Market participants will satisfy the 

annual notice filing requirement by 

completing and submitting a new 

Commission form, Form TO, by March 

1 following the end of any calendar year 

during which the market participant 

entered into one or more unreported 

trade options. 

Form TO requires an unreported trade 

option counterparty to: (1) Provide 

name and contact information, (2) 

identify the categories of commodities 

(agricultural, metals, energy, or other) 

underlying one or more unreported 

trade options which it entered into 

during the prior calendar year, and (3) 

for each commodity category, estimate 

the approximate aggregate value of the 

underlying physical commodities that it 

either delivered or received in 

connection with the exercise of 

unreported trade options during the 

prior calendar year. For the purposes of 

item (3), a reporting counterparty 

should not include the value of 

commodities that were the subject of 

trade options that remained open at the 

end of the calendar year or the value of 

any trade options that expired 

unexercised during the prior calendar 

year. 

Pursuant to the interim final rule, 

Form TO is a mandatory annual filing 

requirement. The form must be 

submitted to the Commission no later 

than March 1 for the prior calendar year. 

For example, if a market participant 

enters into one or more unreported trade 

options between January 1, 2013 and 

December 31, 2013 (the first calendar 

year for which a Form TO will be due 

to the Commission is 2013), the market 

participant must submit a completed 

Form TO to the Commission on or 

before March 1, 2014. Form TO is set 

out in the Trade Option IFR as 

Appendix A to part 32 of the 

Commission’s regulations.11 A copy of 

Form TO is also appended to this 

notice. Form TO will be available 

electronically on the Commission’s Web 

site at least ninety days before the first 

compliance date for filing the form, 

March 1, 2014. The Form TO filing 

requirement is intended to provide the 

Commission a minimally intrusive level 

of visibility into the unreported trade 

options market, to guide the 

Commission’s efforts to collect 

additional information through its 

authority to obtain copies of books or 

records required to be kept pursuant to 

the Act 12 should market circumstances 

dictate, and to enable the Commission 

to determine whether these 

counterparties should be subject to more 

frequent and comprehensive reporting 

obligations in the future. 

The Trade Option IFR notice 

specifically requested comments on 

trade option reporting and/or notice 

filing requirements.13 Those comments 

may be found on the Commission’s Web 

site, www.cftc.gov, at http:// 

comments.cftc.gov/PublicComments/ 

CommentList.aspx?id=1196. All 

comments received in response to the 

Trade Option IFR notice regarding Form 

TO will be considered, along with the 

comments received in response to this 

notice, in determining the Commission’s 

final action on Form TO. 

If the Commission obtains 

information required to be kept through 

this collection, it would protect 

proprietary information in accordance 

with the Freedom of Information Act 

and 17 CFR part 145, ‘‘Commission 

Records and Information.’’ In addition, 

§ 8(a)(1) of the Act strictly prohibits the 

Commission, unless specifically 

authorized by the Act, from making 

public ‘‘data and information that 

would separately disclose the business 

transactions or market positions of any 

person and trade secrets or names of 

customers.’’ 14 The Commission is also 

required to protect certain information 

contained in a government system of 

records according to the Privacy Act of 

1974, 5 U.S.C. 552a. 

Burden Statement: The respondent 

burden for this collection is estimated to 

be 2 hours per response. These 

estimates include the time to: (1) 

Review the commodity categories that 

were the subject of unreported trade 

options during the prior calendar year 

(including a review of counterparties to 

such transactions to determine which 

trade options were otherwise 

unreported); (2) estimate the value of 

commodities actually delivered or 


srobinson on DSK4SPTVN1PROD with 
74650 Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Notices 

15The 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 77 FR 20128, 20194) and 

the wage rate for CCOs under the DCO final rules 

(See 76 FR 69344, 69428). 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. 

16A trade option is generally a commodity option 

purchased by a commercial party that, upon 

exercise, results in the sale of a physical commodity 

for immediate (spot) or deferred (forward) shipment 

or delivery. See CFTC regulation 32.3(a) (17 CFR 

32.3(a)) for more details. An unreported trade 

option is a trade option that is not required to be 

reported to a swap data repository by either 

counterparty pursuant to CFTC regulation 32.3(b)(1) 

and part 45 of the Commission’s regulations (17 

CFR 32.3(b)(1); 17 CFR part 45). 

17 7 U.S.C. section 1, et seq. 

18Unless otherwise noted, the rules and 

regulations referenced in this notice are found in 

chapter 1 of title 17 of the Code of Federal 

Regulations; 17 CFR Chapter 1 et seq. 

received pursuant to trade options in 

each category; and (3) prepare and file 

Form TO electronically through the 

Commission’s web-based Form TO. The 

Commission estimates the average 

burden of this collection of information 

as follows: 

ESTIMATED ANNUAL REPORTING BURDEN HOURS AND BURDEN HOUR COSTS

17 CFR 

Annual 

number of 

respondents 

Frequency of response 

per respondent 

Hours per response 

and cost Total annual responses Total hours cost 

Part 32, Appendix A, 

Form TO.

100 Annually ...................... 2 hours at $200 per response.15100 (one form per otherwise unreported 

trade option participant).

$20,000 (100 responses times 2 

hours per response, 

based on $100/ 

hour.) 

Respondents/Affected Entities: 100. 

Estimated average number of 

responses: 100 (one form per year). 

Estimated total average annual 

burden on respondents: 2 hours. 

Frequency of collection: Annually. 

Average total cost: $20,000. 

There are no capital costs or operating 

and maintenance costs associated with 

this collection. The Commission 

believes that, as part of customary and 

usual business practices, all 

respondents already create and store 

basic information on what they 

purchased or received and how much it 

cost. 

The Commission 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. 

Appendix 

NOTICE: Failure to file a report 

required by the Commodity Exchange 

Act (‘‘CEA’’ or the ‘‘Act’’) 17 and the 

regulations thereunder,18 or the filing of 

a report with the Commodity Futures 

Trading Commission (‘‘CFTC’’ or 

‘‘Commission’’) that includes a false, 

misleading or fraudulent statement or 

omits material facts that are required to 

be reported therein or are necessary to 

make the report not misleading, may (a) 

constitute a violation of section 6(c)(2) 

of the Act (7 USC 9, 15), section 9(a)(3) 

of the Act (7 USC 13(a)(3)), and/or 

section 1001 of Title 18, Crimes and 

Criminal Procedure (18 USC 1001) and 

(b) result in punishment by fine or 

imprisonment, or both. 

PRIVACY ACT NOTICE 

The Commission’s authority for 

soliciting this information is granted in 

sections 4c(b) and 8 of the CEA and 

related regulations (see, e.g., 17 CFR 

§ 32.3(b)). The information solicited 

from entities and individuals engaged in 

activities covered by the CEA is 


srobinson on DSK4SPTVN1PROD with EN17DE12.000</GPH>
Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Notices 74651 

19Note that, under the Paperwork Reduction Act, 

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 

control number from the Office of Management and 

Budget. 

20This should be an individual able to answer 

specific questions about the reporting 

counterparty’s unreported trade options activity if 

contacted by Commission staff. 

21Agricultural commodity is defined in the 

Commission’s regulations at 17 CFR 1.3(zz). 

22 Including, but not limited to, gold, silver, 

platinum, palladium, copper, aluminum, and rare 

earth metals. 

23 Including, but not limited to, petroleum 

products, natural gas, and electricity. 

24For the purposes of answering this question, a 

reporting counterparty should not include the value 

of commodities that were the subject of trade 

options that remained open at the end of the prior 

calendar year or any trade options that expired 

unexercised during the prior calendar year. 

required to be provided to the CFTC, 

and failure to comply may result in the 

imposition of criminal or administrative 

sanctions (see, e.g., 7 U.S.C. §§ 9 and 

13a–1, and/or 18 U.S.C. 1001). The 

information requested is most 

commonly used in the Commission’s 

market and trade practice surveillance 

activities to provide information 

concerning the size and composition of 

the commodity derivatives markets. The 

requested information may be used by 

the Commission in the conduct of 

investigations and litigation and, in 

limited circumstances, may be made 

public on an aggregate basis in 

accordance with provisions of the CEA 

and other applicable laws. It may also 

be disclosed to other government 

agencies to meet responsibilities 

assigned to them by law. The 

information will be maintained in, and 

any additional disclosures will be made 

in accordance with, the CFTC System of 

Records Notices, available on 

www.cftc.gov. 19

GENERAL INSTRUCTIONS 

Who Must File a Form TO—17 CFR 

§ 32.3(b)(2) requires every counterparty 

to an unreported trade option to submit 

an annual filing to the Commission for 

the purpose of providing notice that it 

has entered into one or more unreported 

trade options in the prior calendar year. 

As noted above, an unreported trade 

option is a trade option that is not 

required to be reported to a swap data 

repository by either counterparty 

pursuant to CFTC regulation 32.3(b)(1) 

and part 45 of the Commission’s 

regulations. 

When to file—Form TO is an annual 

filing requirement due to the 

Commission no later than March 1 for 

the prior calendar year. For example, if 

a market participant enters into one or 

more unreported trade options between 

January 1, 2013 and December 31, 2013, 

the market participant must submit a 

completed Form TO to the Commission 

on or before March 1, 2014. 

Where to file—Generally, Form TO 

should be submitted via the CFTC’s web 

based Form TO submission process at 

http://www.cftc.gov/, or as otherwise 

instructed by the Commission or its 

designee. If submission through the 

web-based Form TO is impossible, the 

reporting counterparty shall contact the 

Commission at [techsupport@cftc.gov] 

or 202–418–5000 for further 

instructions. 

What to File—All reporting 

counterparties filing a Form TO must 

complete all questions. 

Signature—Each Form TO submitted 

to the Commission must be signed or 

otherwise authenticated by either (1) the 

reporting counterparty submitting the 

form or (2) an individual that is duly 

authorized by the reporting 

counterparty to provide the information 

and representations contained in the 

form. 

CFTC FORM TO 

Name and Contact Information for 

Reporting Counterparty: 

1. Reporting Counterparty 

Name and Address (including City, 

State, Country, Zip/Postal Code): 

Reporting Counterparty Web site (if 

any): 

Reporting Counterparty Unique 

Identifier (if any): 

b Legal Entity Identifier ‘‘LEI’’ (if any) 

b National Futures Association ID Number (if any) 

b Other Party Identifier (Please Specify) 

2. Reporting Counterparty Contact 

Person 20

Name and Job Title and/or 

Relationship with Reporting 

Counterparty: 

Phone Number and Email Address: 

Commodity Category Indication: 

3. In the prior calendar year, the 

Reporting Counterparty entered into one 

or more unreported trade options in the 

following commodity categories: 

Agricultural 21 ................................................................................................................................................................. b YES b NO. 

Metals 22 ........................................................................................................................................................................... b YES b NO. 

Energy 23 .......................................................................................................................................................................... b YES b NO. 

Other (Please Specify) ............................................................................................................................................. b YES b NO. 

Approximate Size of Unreported Trade 

Options Exercised in the Prior Calendar 

Year: 

4. Please indicate, by commodity 

category, the approximate total value 

(quantity received/delivered multiplied 

by price paid/received) of physical 

commodities that the reporting 

counterparty purchased and/or 

delivered in connection with the 

exercise of unreported trade options in 

the prior calendar year: 24


srobinson on DSK4SPTVN1PROD with 
74652 Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Notices 

Agricultural ........................ b None ............................ b Under $10M ................ b $10M to $100M ........... b Over $100M 

Metals ................................ b None ............................ b Under $10M ................ b $10M to $100M ........... b Over $100M 

Energy ............................... b None ............................ b Under $10M ................ b $10M to $100M ........... b Over $100M 

Other .......................... b None ............................ b Under $10M ................ b $10M to $100M ........... b Over $100M 

Signature/Authentication, Name, and 

Date 

b By checking this box and 

submitting this Form TO (or by clicking 

‘‘submit,’’ ‘‘send,’’ or any other 

analogous transmission command if 

transmitting electronically), I certify that 

I am duly authorized by the reporting 

counterparty identified below to 

provide the information and 

representations submitted on this Form 

TO, and that the information and 

representations are true and correct. 

Reporting Counterparty Authorized 

Representative (Name and Position): 

lllllllllllllllllll

(Name) 

lllllllllllllllllll

(Position) 

Submitted on behalf of: 

lllllllllllllllllll

(Reporting Counterparty) 

Date of Submission: 

lllllllllllllllllll

Dated: December 11, 2012. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. 2012–30227 Filed 12–14–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings #1 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER12–21–004; 

ER12–1521–001; ER12–1522–001; 

ER12–1626–001; ER10–2605–004. 

Applicants: Agua Caliente Solar, LLC, 

Alta Wind VII, LLC, Alta Wind IX, LLC, 

Topaz Solar Farms LLC, Yuma 

Cogeneration Associates. 

Description: Notification of Change in 

Status of the MidAmerican Southwest 

MBR Sellers. 

Filed Date: 12/7/12. 

Accession Number: 20121207–5120. 

Comments Due: 5 p.m. ET 12/28/12. 

Docket Numbers: ER12–2617–001. 

Applicants: Midwest Independent 

Transmission System Operator, Inc. 

Description: SA 2431 Glacial Ridge 

Wind-GRE Deficiency Filing to be 

effective 9/13/2012. 

Filed Date: 12/7/12. 

Accession Number: 20121207–5027. 

Comments Due: 5 p.m. ET 12/28/12. 

Docket Numbers: ER13–360–001. 

Applicants: Grand Ridge Energy LLC. 

Description: Supplemental Filing of 

Amended Co-Tenancy, and Shared 

Facilities Agreement to be effective 11/ 

14/2012. 

Filed Date: 12/7/12. 

Accession Number: 20121207–5070. 

Comments Due: 5 p.m. ET 12/28/12. 

Docket Numbers: ER13–361–001. 

Applicants: Grand Ridge Energy II 

LLC. 

Description: Supplemental Filing of 

Amended Co-Tenancy, and Shared 

Facilities Agreement to be effective 11/ 

14/2012. 

Filed Date: 12/7/12. 

Accession Number: 20121207–5072. 

Comments Due: 5 p.m. ET 12/28/12. 

Docket Numbers: ER13–362–001. 

Applicants: Grand Ridge Energy III 

LLC. 

Description: Supplemental Filing of 

Amended Co-Tenancy, and Shared 

Facilities Agreement to be effective 11/ 

14/2012. 

Filed Date: 12/7/12. 

Accession Number: 20121207–5073. 

Comments Due: 5 p.m. ET 12/28/12. 

Docket Numbers: ER13–363–001. 

Applicants: Grand Ridge Energy IV 

LLC. 

Description: Supplemental Filing of 

Amended Co-Tenancy, and Shared 

Facilities Agreement to be effective 11/ 

14/2012. 

Filed Date: 12/7/12. 

Accession Number: 20121207–5074. 

Comments Due: 5 p.m. ET 12/28/12. 

Docket Numbers: ER13–374–001. 

Applicants: Grand Ridge Energy V 

LLC. 

Description: Grand Ridge Energy V 

LLC submits tariff filing per 35.17(b): 

Supplemental Filing of Amended CoTenancy, and Shared Facilities 

Agreement to be effective 11/14/2012. 

Filed Date: 12/7/12. 

Accession Number: 20121207–5075. 

Comments Due: 5 p.m. ET 12/28/12. 

Docket Numbers: ER13–524–000. 

Applicants: PJM Interconnection, 

L.L.C. 

Description: Original Service 

Agreement No. 3445; Queue No. X1–073 

to be effective 11/14/2012. 

Filed Date: 12/6/12. 

Accession Number: 20121206–5107. 

Comments Due: 5 p.m. ET 12/27/12. 

Docket Numbers: ER13–525–000. 

Applicants: Pacific Gas and Electric 

Company. 

Description: 2nd Amendment to Gates 

Solar Station LGIA WDT SA No. 87 to 

be effective 12/4/2012. 

Filed Date: 12/6/12. 

Accession Number: 20121206–5129. 

Comments Due: 5 p.m. ET 12/27/12. 

Docket Numbers: ER13–526–000. 

Applicants: ITC Midwest LLC. 

Description: Filing of Executed 

Agreement in Compliance with ER12– 

2070 with Modification to be effective 

8/20/2012. 

Filed Date: 12/6/12. 

Accession Number: 20121206–5143. 

Comments Due: 5 p.m. ET 12/27/12. 

Docket Numbers: ER13–527–000. 

Applicants: Westar Energy, Inc. 

Description: Kansas Electric Power 

Cooperative, Inc., Balancing Area 

Services Agreement to be effective 10/1/ 

2012. 

Filed Date: 12/6/12. 

Accession Number: 20121206–5161. 

Comments Due: 5 p.m. ET 12/27/12. 

Docket Numbers: ER13–528–000. 

Applicants: Southwest Power Pool, 

Inc. 

Description: Revisions to Section 10— 

Force Majeure and Indemnification to 

be effective 2/5/2013. 

Filed Date: 12/7/12. 

Accession Number: 20121207–5065. 

Comments Due: 5 p.m. ET 12/28/12. 

Docket Numbers: ER13–529–000 

Applicants: PJM Interconnection, 

L.L.C. 

Description: PJM Interconnection, 

L.L.C. submits tariff filing per 

35.13(a)(2)(iii: Revisions to the PJM 

OATT Att DD re Avoidable Cost Rates 

to be effective 2/5/2013. 

Filed Date: 12/7/12. 

Accession Number: 20121207–5076. 

Comments Due: 5 p.m. ET 12/28/12. 

Docket Numbers: ER13–530–000. 

Applicants: Arizona Public Service 

Company. 

Description: Arizona Public Service 

Company submits tariff filing per 

35.13(a)(2)(iii: Ajo Improvement 

Company Interconnection Agreement; 

Service Agreement No. 326 to be 

effective 12/28/2012. 


srobinson on DSK4SPTVN1PROD with