50950 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Proposed Rules 

1Section 1a(14) of the Commodity Exchange Act, 

7 U.S.C. 1a(14). An exempt commodity is defined 

as a commodity that is neither an excluded 

commodity, as that term is defined by CEA Section 

1a(13), nor an agricultural commodity. Generally 

the definition encompasses energy commodities 

and metals. 

2 75 FR 4133 (January 26, 2010). 

3Public Law 111–203. 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 1, 20, and 151 

RIN 3038–AC85 

Federal Speculative Position Limits for 

Referenced Energy Contracts and 

Associated Regulations 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Proposed rules; withdrawal. 

SUMMARY: On January 26, 2010, the 

Commodity Futures Trading 

Commission (‘‘CFTC’’ or ‘‘Commission’’) 

proposed to implement position limits 

for futures and option contracts based 

on a limited set of exempt 

commodities,1 namely certain energy 

commodities (‘‘Federal Speculative 

Position Limits for Referenced Energy 

Contracts and Associated Regulations,’’ 

for ease of reference, herein referred to 

as the ‘‘Energy Proposal’’).2 In accord 

with the significant amendments 

introduced to the Commodity Exchange 

Act of 1936 (‘‘Act’’ or ‘‘CEA’’) by the 

recent enactment of the Dodd-Frank 

Wall Street Reform and Consumer 

Protection Act (‘‘Dodd-Frank Act’’),3 the 

Commission is withdrawing its Energy 

Proposal as it plans to issue a notice of 

rulemaking proposing position limits for 

regulated exempt commodity contracts, 

including energy commodity contracts, 

as directed by the Act. 

FOR FURTHER INFORMATION CONTACT: 

Bruce Fekrat, Special Counsel, Office of 

the Director, Division of Market 

Oversight, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581, telephone (202) 418–5578, 

facsimile number (202) 418–5527, 

e-mail bfekrat@cftc.gov. 

SUPPLEMENTARY INFORMATION: On 

January 26, 2010, the Commission 

issued the Energy Proposal to establish 

CFTC-set position limits for four 

enumerated contracts—the New York 

Mercantile (‘‘NYMEX’’) Henry Hub 

natural gas contract, the NYMEX Light 

Sweet crude oil contract, the NYMEX 

New York Harbor No. 2 heating oil 

contract, and the NYMEX New York 

Harbor gasoline blendstock (RBOB) 

contract—as well as for, with limited 

exceptions, any other contract that was 

exclusively or partially based on the 

above referenced contracts’ 

commodities and delivery points. The 

Energy Proposal included, inter alia, 

provisions relating to exemptions for 

bona fide hedging transactions and 

certain swap dealer positions 

maintained to manage the risk of an 

unbalanced swaps book. 

At that time, section 4a(a) of the Act 

authorized the Commission to establish 

position limits for contracts traded on or 

subject to the rules of a designated 

contract market or significant price 

discovery contracts traded on exempt 

commercial markets. The purpose of 

such limits, as stated in prior section 

4a(a), was to eliminate or prevent 

excessive speculation causing sudden or 

unreasonable fluctuations or 

unwarranted changes in the price of a 

commodity. Section 4a(a) of the CEA, as 

amended by the Dodd-Frank Act, directs 

the Commission to set position limits 

for all regulated exempt and agricultural 

commodity derivatives. More 

specifically, amended section 4a(a)(2)(B) 

of the Act requires the Commission to 

establish limits for exempt and 

agricultural commodity derivatives 

within 180 and 270 days, respectively, 

of the Dodd-Frank Act’s enactment date. 

In addition, amended section 4a(a) of 

the Act explicitly requires the 

implementation of aggregate position 

limits across certain derivatives 

positions established on designated 

contract markets, swap execution 

facilities, or foreign boards of trade, or 

through bilateral trading. Thus, the 

CFTC intends to publish a notice of 

rulemaking proposing Commission-set 

position limits and exemptions 

therefrom for such derivatives pursuant 

to section 4a(a) and other related 

provisions of the CEA, as amended by 

the Dodd-Frank Act. In doing so, the 

Commission intends to take account of 

the Energy Proposal and build on the 

substantive issues raised by the 

commenters thereon. 

In light of the broadened scope and 

new requirements of the CEA, as 

amended by the Dodd-Frank Act, and 

amended section 4a(a) of the Act in 

particular, the Commission has 

determined to withdraw the pending 

Energy Proposal as it plans to issue a 

notice of rulemaking proposing position 

limits and exemptions therefrom for 

regulated exempt commodity 

derivatives, including energy 

derivatives, as directed by the DoddFrank Act. 

Issued by the Commission this August 12, 

2010, in Washington, DC. 

David Stawick, 

Secretary of the Commission. 

[FR Doc. 2010–20428 Filed 8–17–10; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[Docket ID: DoD–2010–HA–0071] 

RIN 0720–AB40 

TRICARE; Changes Included in the 

National Defense Authorization Act for 

Fiscal Year 2010; Expansion of 

Survivor Eligibility Under the TRICARE 

Dental Program 

AGENCY: Office of the Secretary, DoD. 

ACTION: Proposed rule. 

SUMMARY: The Department is publishing 

this proposed rule to implement section 

704 of the National Defense 

Authorization Act for Fiscal Year 2010 

(NDAA for FY10). Specifically, that 

legislation expands the survivor 

eligibility under the TRICARE Dental 

Program (TDP). The legislation entitles 

a child or unmarried person placed in 

legal custody of a member or former 

member continuation of eligibility for 

the TDP. The period of continued 

eligibility for these dependents shall be 

the longer of the following periods 

beginning on the date of the member’s 

death: Three years; the period ending on 

the date on which such dependent 

attains 21 years of age; or in the case of 

such dependent who, at 21 years of age, 

is enrolled in a full-time course of study 

in a secondary school or in a full-time 

course of study in an institution of 

higher education approved by the 

administering Secretary and was, at the 

time of the member’s death, in fact 

dependent on the member for over onehalf of such dependent’s support, the 

period ending on the earlier of the 

following dates: The date on which such 

dependent ceases to pursue such a 

course of study, as determined by the 

administering Secretary; or the date on 

which such dependent attains 23 years 

of age. This proposed rule does not 

expand the TDP eligibility of other 

eligible survivors. 

Survivors, who meet the new 

eligibility requirements, will regain TDP 

eligibility as of the publishing of the 

final rule in the Federal Register. 

Retroactive payment of premiums or 

claims paid for dental treatment during 

the time of loss of TDP eligibility will 


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Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Proposed Rules 50951 

not be reimbursed to surviving 

dependents. 

DATES: Written comments received at 

the address indicated below by October 

18, 2010 will be accepted. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulatory Information Number (RIN) 

number and title, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Room 3C843, Washington, DC 20301– 

1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN 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. 

FOR FURTHER INFORMATION CONTACT: 

CAPT Robert H. Mitton, Office of the 

Assistant Secretary of Defense (Health 

Affairs), TRICARE Management 

Activity, telephone (703) 681–0039. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This proposed rule expands the 

survivor eligibility under the TRICARE 

Dental Program (TDP). The legislation 

entitles a child or unmarried person 

placed in legal custody of a member or 

former member, as defined in 10 U.S.C. 

1072(2), subparagraph (D) or (I), 

continuation of eligibility for the TDP. 

The period of continued eligibility for 

these dependents shall be the longer of 

the following periods beginning on the 

date of the member’s death: (1) Three 

years; (2) the period ending on the date 

on which such dependent attains 21 

years of age; or (3) in the case of such 

dependent who, at 21 years of age, is 

enrolled in a full-time course of study 

in a secondary school or in a full-time 

course of study in an institution of 

higher education approved by the 

administering Secretary and was, at the 

time of the member’s death, in fact 

dependent on the member for over onehalf of such dependent’s support, the 

period ending on the earlier of the 

following dates: (a) The date on which 

such dependent ceases to pursue such a 

course of study, as determined by the 

administering Secretary; or (b) the date 

on which such dependent attains 23 

years of age. 

This proposed rule does not expand 

the TDP eligibility of other eligible 

survivors. Currently, all eligible 

survivors are entitled to continued TDP 

enrollment for up to three years from 

the date of the member’s death. The 

proposed rule will maintain the 

government’s payment of both the 

government and dependent’s portion of 

the premium share during the period of 

continuous enrollment. 

This proposed rule will amend the 

Code of Federal Regulations to allow the 

TDP to conform to the new statutory 

authority. Public comments are invited. 

All comments will be carefully 

considered. A discussion of the major 

issues received by public comments will 

be included with the issuance of the 

final rule. 

II. Regulatory Procedures 

Executive Order 12866 and Regulatory 

Flexibility Act 

Executive Order 12866 requires that a 

comprehensive regulatory impact 

analysis be performed on any 

economically significant regulatory 

action, defined as one that would result 

in an annual effect of $100 million or 

more on the national economy or which 

would have other substantial impacts. 

The Regulatory Flexibility Act (RFA) 

requires that each Federal agency 

prepare, and make available for public 

comment, a regulatory flexibility 

analysis when the agency issues a 

regulation which would have a 

significant impact on a substantial 

number of small entities. This rule is 

not an economically significant 

regulatory action and will not have a 

significant impact on a substantial 

number of small entities for purposes of 

the RFA, thus this proposed rule is not 

subject to any of these requirements. 

Unfunded Mandates Reform Act 

This rule does not contain a Federal 

mandate that may result in the 

expenditure by State, local, and tribal 

governments, in aggregate, or by the 

private sector, of $100 million or more 

in any one year. 

Paperwork Reduction Act 

This rule will not impose additional 

information collection requirements on 

the public under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3511). 

Federalism 

We have examined the impact(s) of 

the proposed rule under Executive 

Order 13132 and it does not have 

policies that have federalism 

implications that would have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, therefore, 

consultation with State and local 

officials is not required. 

List of Subjects in 32 CFR Part 199 

Claims, Dental health, Health care, 

Health insurance, Individuals with 

disabilities, Military personnel. 

Accordingly, 32 CFR part 199 is 

proposed to be amended as follows: 

PART 199—[AMENDED] 

1. The authority citation for part 199 

continues to read as follows: 

Authority: 5 U.S.C. 301; 10 U.S.C. chapter 

55. 

2. Section 199.13 is amended by 

revising paragraph (c)(3)(ii)(E)(2) to read 

as follows: 

§ 199.13 TRICARE dental program. 

* * * * * 

(c) * * * 

(3) * * * 

(ii) * * * 

(E) * * * 

(2) Continuation of eligibility. Eligible 

dependents of active duty members 

while on active duty for a period of 

more than 30 days and eligible 

dependents of members of the Ready 

Reserve (i.e., Selected Reserve or 

Individual Ready Reserve, as specified 

in 10 U.S.C. 10143 and 10144(b) 

respectively), shall be eligible for 

continued enrollment in the TDP, if, on 

the date of the death of the member, the 

dependent is enrolled in the TDP, or is 

not enrolled by reason of 

discontinuance of a former enrollment 

under paragraphs (c)(3)(ii)(E)(4)(ii) and 

(c)(3)(ii)(E)(4)(iii) of this section, or is 

not enrolled because the dependent was 

under the minimum age for enrollment 

at the time of the member’s death, or is 

not qualified for enrollment because the 

dependent is a spouse who is a member 

of the armed forces on active duty for 

a period of more than 30 days but 

subsequently separates or is discharged 

from active duty. This continued 

enrollment is not contingent on the 

Selected Reserve or Individual Ready 

Reserve member’s own enrollment in 

the TDP. During the period of 

continuous enrollment, the government 

will pay both the government and the 

beneficiary’s portion of the premium 

share. This continued enrollment shall 

be up to (3) three years from the date of 

the member’s death, except that, in the 

case of a dependent of the deceased who 

is described in 10 U.S.C. section 1072(2) 

by subparagraph (D) or (I), the period of 


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50952 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Proposed Rules 

continued enrollment shall be the 

longer of the following periods 

beginning on the date of the member’s 

death: 

(i) Three years. 

(ii) The period ending on the date on 

which such dependent attains 21 years 

of age. 

(iii) In the case of such dependent 

who, at 21 years of age, is enrolled in 

a full-time course of study in a 

secondary school or in a full-time 

course of study in an institution of 

higher education approved by the 

administering Secretary and was, at the 

time of the member’s death, in fact 

dependent on the member for over onehalf of such dependent’s support, the 

period ending on the earlier of the 

following dates: The date on which such 

dependent ceases to pursue such a 

course of study, as determined by the 

administering Secretary; or the date on 

which such dependent attains 23 years 

of age. 

* * * * * 

Dated: August 10, 2010. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2010–20392 Filed 8–17–10; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0705] 

RIN 1625–AA00 

Safety Zone; Blue Angels at Kaneohe 

Bay Air Show, Oahu, HI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

two temporary safety zones while the 

U.S. Navy Blue Angels Squadron 

conducts aerobatic performances over 

Kaneohe Bay, Oahu, Hawaii. These 

safety zones are necessary to protect 

watercraft and the general public from 

hazards associated with the U.S. Navy 

Blue Angels aircraft low flying, high 

powered jet aerobatics over open waters. 

Vessels desiring to transit through the 

zones can request permission by 

contacting the Honolulu Captain of the 

Port at telephone number 808–842– 

2600. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before September 2, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0705 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Lieutenant 

Commander Marcella Granquist, 

Waterways Management Division, U.S. 

Coast Guard Sector Honolulu, telephone 

808–842–2600, e-mail 

Marcella.A.Granquist@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–0705), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2010–0705’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2010– 

0705’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 


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