11856 Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Notices 

1See 17 CFR 145.9. 2Commodity Options, 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). 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. 

4See Agency Information Collection Activities: 

Proposed Collection, Comment Request: Form TO, 

Annual Notice Filing for Counterparties to 

Unreported Trade Options, 77 FR 74647. 

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 

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: http:// 

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: http:// 

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. 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Notices 11857 

5The 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. 

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 

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 5.100 (one form per otherwise unreported trade 

option participant).

$20,000 (100 responses 

times 2 hours per response, based on 

$100/hour). 

(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. 

The Department of Defense has 

submitted to OMB for clearance, the 

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: 

• Federal eRulemaking Portal: http:// 

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 http:// 

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 

AGENCY: Department of Education (ED), 

Federal Student Aid (FSA). 

ACTION: Notice. 

SUMMARY: 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. 


srobinson on DSK4SPTVN1PROD with NOTICES