Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Notices 19619 

1 7 U.S.C. 1 et seq. 

2 7 U.S.C. 6(c). 

3The Commission has provided exemptions for 

gold and silver products on two prior occasions. 

See Order Exempting the Trading and Clearing of 

Certain Products Related to SPDR® Gold Trust 

Shares, 73 FR 31981 (June 5, 2008), Order 

Exempting the Trading and Clearing of SPDR Gold 

Futures Contracts, 73 FR 31979 (June 5, 2008), and 

Order Exempting the Trading and Clearing of 

Certain Products Related to iShares® COMEX Gold 

Trust Shares and iShares® Silver Trust Shares, 73 

FR 79830 (December 30, 2008) (collectively, the 

‘‘Previous Orders.’’). 

4 7 U.S.C. 7a–1. 

5 15 U.S.C. 78q–l. 

6 7 U.S.C. 7a–2(c), 17 CFR 39.4(a), 40.5. 

7See Section 5 of the CEA, 7 U.S.C. 7. 

8 15 U.S.C. 78f(g). 

9See Securities Exchange Act Release No. 61591 

(February 25, 2010), 75 FR 9981 (March 4, 

2010)(File No. SR–OCC–2009–20 filed with both 

the Commission and the Securities and Exchange 

Commission (‘‘SEC’’)). See also Securities Exchange 

Act Release No. 61483 (February 3, 2010), 75 FR 

6753 (February 10, 2010)(SEC approval of securities 

exchanges’ listing and trading options on ETFS 

Gold Trust and ETFS Silver Trust). 

10Section 4(c)(1) of the CEA, 7 U.S.C. 6(c)(1), 

provides in full that: 

In order to promote responsible economic or 

financial innovation and fair competition, the 

Commission by rule, regulation, or order, after 

notice and opportunity for hearing, may (on its own 

initiative or on application of any person, including 

any board of trade designated or registered as a 

contract market or derivatives transaction execution 

facility for transactions for future delivery in any 

commodity under section 7 of this title) exempt any 

agreement, contract, or transaction (or class thereof) 

that is otherwise subject to subsection (a) of this 

section (including any person or class of persons 

offering, entering into, rendering advice or 

rendering other services with respect to, the 

agreement, contract, or transaction), either 

unconditionally or on stated terms or conditions or 

for stated periods and either retroactively or 

prospectively, or both, from any of the requirements 

Continued 

COMMODITY FUTURES TRADING 

COMMISSION 

Request for Comment on a Proposal 

To Exempt, Pursuant to the Authority 

in Section 4(c) of the Commodity 

Exchange Act, the Trading and 

Clearing of Certain Products Related to 

ETFS Physical Swiss Gold Shares and 

ETFS Physical Silver Shares 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of Proposed Order and 

Request for comment. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘CFTC’’ or the 

‘‘Commission’’) is proposing to exempt 

the trading and clearing of certain 

contracts called ‘‘options’’ and other 

contracts called ‘‘security futures’’ on 

each of ETFS Physical Swiss Gold 

Shares (‘‘Gold Products’’) and ETFS 

Physical Silver Shares (‘‘Silver 

Products’’) (collectively, ‘‘Gold and 

Silver Products’’), which would be 

traded on national securities exchanges 

(as to options) and designated contract 

markets registered with the Securities 

and Exchange Commission (‘‘SEC’’) as 

limited purpose national securities 

exchanges (as to security futures), and 

in either case cleared through the 

Options Clearing Corporation (‘‘OCC’’) in 

its capacity as a registered securities 

clearing agency, from the provisions of 

the Commodity Exchange Act (‘‘CEA’’) 1

and the regulations thereunder, to the 

extent necessary to permit them to be so 

traded and cleared. Authority for this 

exemption is found in Section 4(c) of 

the CEA.2 The Commission also is 

requesting comment on whether it 

should amend all orders issued 

exempting the trading and clearing of 

options and futures on gold and silver 

products from CEA provisions and 

Commission regulations thereunder, to 

impose market and large trader 

reporting requirements under 

Commission regulations to the trading 

and clearing of the options in order to 

assist the Commission in monitoring 

and addressing, among other things, the 

effect on designated contract markets of 

trading in such products.3

DATES: Comments must be received on 

or before May 17, 2010. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: ETFSShares@cftc.gov. 

Include ‘‘Options and Security Futures 

on ETFS Gold and Silver Products’’ in 

the subject line of the message. 

• Fax: 202–418–5521. 

• Mail: Send to David A. Stawick, 

Secretary, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. 

• Courier: Same as mail above. 

All comments received will be posted 

without change to http:// 

www.CFTC.gov/. All comments must be 

in English or, if not, accompanied by an 

English translation. 

FOR FURTHER INFORMATION CONTACT: 

Robert B. Wasserman, Associate 

Director, 202–418–5092, 

rwasserman@cftc.gov, or Lois J. Gregory, 

Special Counsel, 202–418–5569, 

lgregory@cftc.gov, Division of Clearing 

and Intermediary Oversight, Commodity 

Futures Trading Commission, Three 

Lafayette Centre, 1151 21st Street, NW., 

Washington, DC 20581. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The OCC is both a Derivatives 

Clearing Organization (‘‘DCO’’) 

registered pursuant to Section 5b of the 

CEA,4 and a securities clearing agency 

registered pursuant to Section 17A of 

the Securities Exchange Act of 1934 

(‘‘the ’34 Act’’).5

OCC has filed with the CFTC, 

pursuant to Section 5c(c) of the CEA 

and Commission Regulations 39.4(a) 

and 40.5 thereunder,6 a request for 

approval of rules and rule amendments 

that would enable OCC (1) to clear and 

settle contracts called ‘‘options’’ 

(‘‘Options’’) on Gold and Silver Products 

traded on national securities exchanges, 

in its capacity as a registered securities 

clearing agency (and not in its capacity 

as a DCO) and (2) to clear and settle 

contracts called ‘‘security futures’’ 

(‘‘Security Futures’’) on Gold and Silver 

Products traded on designated contract 

markets 7 registered with the SEC as 

limited purpose national securities 

exchanges pursuant to Section 6(g) of 

the ’34 Act 8 (‘‘DCMs’’) as security 

futures subject to the CEA and CFTC 

regulations thereunder governing 

security futures, in OCC’s capacity as a 

registered securities clearing agency 

(and not in its capacity as a DCO).9

Section 5c(c)(3) provides that the CFTC 

must approve such rules and rule 

amendments submitted for approval 

unless it finds that the rules or rule 

amendments would violate the CEA. 

In each case, the shares of the ETFS 

Gold Trust and the ETFS Silver Trust 

are designed to reflect the performance 

of the price of gold and silver bullion, 

respectively, less the expenses of Trust 

operations. The shares of each Trust 

represent beneficial interest in the Trust 

which in turn holds physical allocated 

gold bullion (ETFS Gold Trust) and 

silver bullion (ETFS Silver Trust). The 

gold and silver bullion is held in vault 

by or on behalf of the Trust’s custodian. 

Each physical bar is properly segregated 

and allocated to the property of the 

Trust. All physical gold and silver 

conforms to the London Bullion Market 

Association’s rules for good delivery. 

ETFS Gold Trust Shares and ETFS 

Silver Trust Shares are listed and traded 

on NYSEArca. 

II. Section 4(c) of the Commodity 

Exchange Act 

Section 4(c)(1) of the CEA empowers 

the CFTC to ‘‘promote responsible 

economic or financial innovation and 

fair competition’’ by exempting any 

transaction or class of transactions from 

any of the provisions of the CEA 

(subject to exceptions not relevant here) 

where the Commission determines that 

the exemption would be consistent with 

the public interest.10 The Commission 

mstockstill on DSKH9S0YB1PROD with NOTICES

19620 Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Notices 

of subsection (a) of this section, or from any other 

provision of this chapter (except subparagraphs 

(c)(ii) and (D) of section 2(a)(1) of this title, except 

that the Commission and the Securities and 

Exchange Commission may by rule, regulation, or 

order jointly exclude any agreement, contract, or 

transaction from section 2(a)(1)(D) of this title), if 

the Commission determines that the exemption 

would be consistent with the public interest. 

11House Conf. Report No. 102–978, 1992 

U.S.C.C.A.N. 3179, 3213 (‘‘4(c) Conf. Report’’). 

12See footnote 3, above. 

13 7 U.S.C. 1a(31). 

14 4(c) Conf. Report at 3214–3215. 

15Section 4(c)(2) of the CEA, 7 U.S.C. 6(c)(2), 

provides in full that: 

The Commission shall not grant any exemption 

under paragraph (1) from any of the requirements 

of subsection (a) of this section unless the 

Commission determines that— 

(A) The requirement should not be applied to the 

agreement, contract, or transaction for which the 

exemption is sought and that the exemption would 

be consistent with the public interest and the 

purposes of this Act; and 

(B) The agreement, contract, or transaction— 

(i) Will be entered into solely between 

appropriate persons; and 

(ii) Will not have a material adverse effect on the 

ability of the Commission or any contract market or 

derivatives transaction execution facility to 

discharge its regulatory or self-regulatory duties 

under this Act. 

16CEA 3(b), 7 U.S.C. 5(b). See also CEA 4(c)(1), 

7 U.S.C. 6(c)(1) (purpose of exemptions is ‘‘to 

promote responsible economic or financial 

innovation and fair competition.’’). 

may grant such an exemption by rule, 

regulation or order, after notice and 

opportunity for hearing, and may do so 

on application of any person or on its 

own initiative. 

In enacting Section 4(c), Congress 

noted that the goal of the provision ‘‘is 

to give the Commission a means of 

providing certainty and stability to 

existing and emerging markets so that 

financial innovation and market 

development can proceed in an effective 

and competitive manner.’’ 11 Permitting 

Options and Security Futures on Gold 

and Silver Products to trade on national 

securities exchanges (as to Options) and 

DCMs (as to Security Futures) and in 

either case to be cleared by OCC in its 

capacity as a securities clearing agency, 

as discussed above, may foster both 

financial innovation and competition. In 

accordance with the Memorandum of 

Understanding entered into between the 

CFTC and the SEC on March 11, 2008, 

and in particular the addendum thereto 

concerning Principles Governing the 

Review of Novel Derivative Products, the 

Commission has permitted novel 

derivative products that implicate areas 

of potential overlapping regulatory 

concern to be permitted to trade in 

either or both a CFTC- or SEC-regulated 

environment, in a manner consistent 

with laws and regulations (including the 

appropriate use of all available 

exemptive and interpretive authority). 

The CFTC is requesting comment on 

whether it should exempt Options and 

Security Futures on Gold and Silver 

Products, as described above, that are 

traded on a national securities exchange 

or a DCM, respectively, and cleared 

through OCC in its capacity as a 

registered securities clearing agency, 

from the CEA and the Commission’s 

regulations thereunder, to the extent 

necessary to permit them to be so traded 

and cleared. The CFTC previously 

granted exemptions for similar Options 

and Security Futures on June 5 and 

December 30, 2008.12

In proposing this exemption, the 

CFTC need not—and does not—find 

that Options on the Gold and Silver 

Products are (or are not) options subject 

to the CEA, or find that Security Futures 

on the Gold and Silver Products are (or 

are not) security futures as defined in 

Section 1a(31) of the CEA.13 During the 

legislative process leading to the 

enactment of Section 4(c) of the CEA, 

the House-Senate Conference 

Committee noted that: 

The Conferees do not intend that the 

exercise of exemptive authority by the 

Commission would require any 

determination beforehand that the agreement, 

instrument, or transaction for which an 

exemption is sought is subject to the Act. 

Rather, this provision provides flexibility for 

the Commission to provide legal certainty to 

novel instruments where the determination 

as to jurisdiction is not straightforward. 

Rather than making a finding as to whether 

a product is or is not a futures contract, the 

Commission in appropriate cases may 

proceed directly to issuing an exemption.14

The Options and Security Futures on 

Gold and Silver Products described 

above raise questions involving their 

nature and the appropriate resulting 

jurisdiction over them. Given their 

potential usefulness to the market, 

however, the Commission believes that 

this may be an appropriate case for 

issuing an exemption without making a 

finding as to the nature of these 

particular instruments. 

Section 4(c)(2) provides that the 

Commission may grant exemptions only 

when it determines: That the 

requirements for which an exemption is 

being provided should not be applied to 

the agreements, contracts or transactions 

at issue, and the exemption is consistent 

with the public interest and the 

purposes of the CEA; that the 

agreements, contracts or transactions 

will be entered into solely between 

appropriate persons; and that the 

exemption will not have a material 

adverse effect on the ability of the 

Commission or any contract market or 

derivatives transaction execution 

facility to discharge its regulatory or 

self-regulatory responsibilities under the 

CEA.15

The purposes of the CEA include 

‘‘promot[ing] responsible innovation and 

fair competition among boards of trade, 

other markets and market 

participants.’’16 It may be consistent 

with these and the other purposes of the 

CEA, with the public interest, with the 

CFTC–SEC Memorandum of 

Understanding of March 11, 2008, and 

with the addendum thereto, for the 

mode of trading and clearing the 

Options and Security Futures on Gold 

and Silver Products—whether the mode 

applicable to options on securities or 

commodities, or to security futures or 

futures—to be determined by 

competitive market forces. Accordingly, 

the Commission proposes to use its 

authority under Section 4(c) of the Act 

to exempt the trading of Options on 

Gold and Silver Products on national 

securities exchanges and clearing 

thereof by OCC in its capacity as a 

registered securities clearing agency 

from the CEA and the Commission’s 

regulations thereunder to the extent 

necessary to permit them to be so traded 

and cleared. In addition, the 

Commission proposes to use its 

authority under Section 4(c) of the Act 

to exempt the trading and clearing of 

Security Futures on Gold and Silver 

Products from those provisions of the 

Act and the Commission’s regulations 

thereunder that, if the underlying were 

considered to be a commodity that is 

not a security, would be inconsistent 

with the trading and clearing of Security 

Futures on Gold and Silver Products as 

security futures. The proposed 

exemption would require that 

transactions in such contracts comply 

with the requirements established for 

transactions in security futures by the 

CEA and the Commission’s regulations 

thereunder. The CFTC is requesting 

comment as to whether these 

exemptions from the requirements of 

the CEA and regulations thereunder 

should be granted in the context of these 

transactions. 

Section 4(c)(3) includes within the 

term ‘‘appropriate persons’’ a number of 

specified categories of persons, and also 

in subparagraph (K) thereof ‘‘such other 

persons that the Commission 

determines to be appropriate in light of 

* * * the applicability of appropriate 

regulatory protections.’’ National 

securities exchanges and OCC, as well 

as their members who will intermediate 

Options on Gold and Silver Products, 

are subject to extensive and detailed 

regulation by the SEC under the ’34 Act. 

Similarly, DCMs and OCC, as well as 

their members who will intermediate 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Notices 19621 

17See Parts 15 through 21 of the Commission’s 

regulations. 

18Under Commission Regulation Section 

15.03(b), 17 CFR § 15.03(b), the number of contracts 

that constitute a reportable level for security futures 

products on an individual equity security is 1,000. 

In the instant case, when measured in terms of 

ounces, reporting levels for Security Futures on 

Gold and Silver Products would be significantly 

less than that for futures contracts on gold and 

silver currently trading on Comex. Thus, visibility 

with respect to the Security Futures may be greater 

than it would under large trader reporting 

requirements. 

19 44 U.S.C. 3507(d). 

20 7 U.S.C. 19(a). 

21See also Previous Orders, 73 FR at 31982 (June 

5, 2008), 73 FR at 3 FR at 31980 (June 5, 2008), and 

73 FR at 79832 (December 30, 2008). 

Security Futures on Gold and Silver 

Products, are subject to regulation by 

the SEC and CFTC. The CFTC is 

requesting comment as to whether all 

persons trading Options and Security 

Futures on Gold and Silver Products on 

national securities exchanges and 

DCMs, respectively, and clearing such 

products on OCC, are appropriate 

persons. 

The Commission held a public 

meeting on March 25, 2010 to examine 

the trading of futures and options in the 

precious and base metals market and 

analyze how the Commission regulates 

futures and options markets on 

commodities of finite supply. The 

Commission is considering the views 

expressed at that meeting. For the time 

being, the Commission continues to 

decline to determine whether certain 

products underlain by physical 

commodities, such as the subject Gold 

and Silver Products, are subject to the 

Commission’s jurisdiction as 

commodity options and futures 

contracts. However, the Commission 

may make such jurisdictional 

determinations in the future, and such 

determinations may inform the 

Commission’s approach to 

consideration of exemptive orders, and 

of assessing the rules of registered 

entities. 

III. Large Trader Reporting; Market 

and Financial Surveillance 

The Commission is considering the 

question of whether exemptions such as 

the one discussed herein, as well as 

those issued previously on substantially 

similar options and futures on gold and 

silver products, may interfere with the 

Commission’s ability to discharge its 

regulatory responsibilities under the 

CEA or with the self-regulatory duties of 

contract markets. Options and Security 

Futures on gold and silver products can 

be used by those trading them for the 

same economic purposes served by 

entering into commodity options and 

security futures on gold and silver. As 

a result of highly interconnected 

physical and derivatives gold and silver 

markets, the trading of Gold and Silver 

Products that are options on national 

securities exchanges, if traded in 

sufficient volumes, can significantly 

affect the price discovery function of 

related commodity futures and option 

contracts. In addition, the pools of 

physical gold and silver aggregated by 

these funds can materially affect 

supplies that are deliverable under the 

terms and conditions of related 

commodity futures and options 

contracts. In order to preserve the 

integrity of the price discovery and risk 

management functions of Commission 

regulated markets, it may be that 

national securities exchanges that list 

the options should comply with market 

reporting requirements and brokers and 

traders that carry accounts or trade in 

options on gold and silver products 

should comply with large trader 

reporting requirements.17 Positions on 

security futures contracts on gold and 

silver products are currently required to 

be reported to the Commission by DCMs 

and intermediaries.18 However, there is 

no such reporting requirement with 

respect to options on gold and silver 

products that are exempted from being 

treated as commodity options. Thus, the 

Commission seeks comment as to 

whether such reporting should be 

required. Such information might 

enhance the Commission’s ability to 

collect and analyze market data 

concerning trading in the markets for 

gold and silver, and its ability 

effectively to monitor the trading 

activity and financial risk exposure of 

market participants and thus the risk 

exposure of any DCO, such as OCC, 

clearing as central counterparty 

(although in its capacity as a registered 

securities clearing agency). If the 

Commission determines to impose such 

requirements as to the gold and silver 

products that are the subject of the 

current proposed order, or those that 

were the subjects of the Previous 

Orders, a separate notice and request for 

comments will be issued setting forth 

proposed specifics of such 

requirements. 

IV. Request for Comment 

The Commission requests comment 

on all aspects of the issues presented by 

this proposed order. 

V. Related Matters 

A. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(‘‘PRA’’) 19 imposes certain requirements 

on Federal agencies (including the 

Commission) in connection with their 

conducting or sponsoring any collection 

of information as defined by the PRA. 

The proposed exemptive order would 

not, if approved, require a new 

collection of information from any 

entities that would be subject to the 

proposed order. 

B. Cost-Benefit Analysis 

Section 15(a) of the CEA,20 as 

amended by Section 119 of the 

Commodity Futures Modernization Act 

of 2000, requires the Commission to 

consider the costs and benefits of its 

action before issuing an order under the 

CEA. By its terms, Section 15(a) as 

amended does not require the 

Commission to quantify the costs and 

benefits of an order or to determine 

whether the benefits of the order 

outweigh its costs. Rather, Section 15(a) 

simply requires the Commission to 

‘‘consider the costs and benefits’’ of its 

action. 

Section 15(a) of the CEA further 

specifies that costs and benefits shall be 

evaluated in light of five broad areas of 

market and public concern: Protection 

of market participants and the public; 

efficiency, competitiveness, and 

financial integrity of futures markets; 

price discovery; sound risk management 

practices; and other public interest 

considerations. Accordingly, the 

Commission could in its discretion give 

greater weight to any one of the five 

enumerated areas and could in its 

discretion determine that, 

notwithstanding its costs, a particular 

order was necessary or appropriate to 

protect the public interest or to 

effectuate any of the provisions or to 

accomplish any of the purposes of the 

CEA. 

The Commission is considering the 

costs and benefits of this proposed order 

in light of the specific provisions of 

Section 15(a) of the CEA, as follows: 21

1. Protection of market participants 

and the public. National securities 

exchanges, OCC, and their members 

who would intermediate the abovedescribed Options and Security Futures 

on Gold and Silver Products are subject 

to extensive regulatory oversight. 

2. Efficiency, competition, and 

financial integrity. The proposed 

exemption may enhance market 

efficiency and competition since it 

could encourage potential trading of 

Options and Security Futures on Gold 

and Silver Products through modes 

other than those normally applicable; 

that is, designated contract markets or 

derivatives transaction execution 

facilities. Financial integrity will not be 

affected since the Options and Security 

Futures on Gold and Silver Products 

mstockstill on DSKH9S0YB1PROD with NOTICES

19622 Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / Notices 

will be cleared by OCC, a DCO and SECregistered clearing agency, 

intermediated by SEC-registered brokerdealers. 

3. Price discovery. Price discovery 

may be enhanced through market 

competition. 

4. Sound risk management practices. 

The Options and Security Futures on 

Gold and Silver Products will be subject 

to OCC’s current risk-management 

practices including its margining 

system. 

5. Other public interest 

considerations. The proposed 

exemption may encourage development 

of derivative products through market 

competition without unnecessary 

regulatory burden. 

After considering these factors, the 

Commission has determined to seek 

comment on the proposed order as 

discussed above. The Commission 

invites public comment on its 

application of the cost-benefit provision. 

Issued in Washington, DC, on April 9, 2010 

by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2010–8630 Filed 4–14–10; 8:45 am] 

BILLING CODE P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: Wednesday, April 21, 

2010, 9 a.m.–11 a.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway, 

Bethesda, Maryland. 

STATUS: Commission Meeting—Open to 

the Public. 

MATTERS TO BE CONSIDERED: Pending 

Decisional Matters: Testing and 

Labeling to Product Certification— 

Notice of Proposed Rulemaking (NPR) 

and Testing Component Parts—Notice 

of Proposed Rulemaking (NPR). 

A live webcast of the Meeting can be 

viewed at http://www.cpsc.gov/webcast/ 

index.html. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: April 13, 2010. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2010–8805 Filed 4–13–10; 4:15 pm] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DOD–2010–OS–0048] 

Privacy Act of 1974; System of 

Records 

AGENCY: Defense Security Cooperation 

Agency, DoD. 

ACTION: Notice to alter a system of 

records. 

SUMMARY: The Office of the Secretary of 

Defense proposes to alter a system of 

records to its inventory of record 

systems subject to the Privacy Act of 

1974 (5 U.S.C. 552a), as amended. 

DATES: This proposed action would be 

effective without further notice on May 

17, 2010 unless comments are received 

which result in a contrary 

determination. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number 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: Ms. 

Cindy Allard at (703) 588–6830. 

SUPPLEMENTARY INFORMATION: The Office 

of the Secretary of Defense notices for 

systems of records subject to the Privacy 

Act of 1974 (5 U.S.C. 552a), as amended, 

have been published in the Federal 

Register and are available from the 

Chief, OSD/JS Privacy Office, Freedom 

of Information Directorate, Washington 

Headquarters Services, 1155 Defense 

Pentagon, Washington DC 20301–1155. 

The proposed system report, as 

required by 5 U.S.C. 552a(r) of the 

Privacy Act of 1974, as amended, was 

submitted on March 31, 2010, to the 

House Committee on Oversight and 

Government Reform, the Senate 

Committee on Governmental Affairs, 

and the Office of Management and 

Budget (OMB) pursuant to paragraph 4c 

of Appendix I to OMB Circular No. A– 

130, ‘‘Federal Agency Responsibilities 

for Maintaining Records About 

Individuals’’ dated February 8, 1996 

(February 20, 1996; 61 FR 6427). 

Dated: April 12, 2010. 

Mitchell S. Bryman, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

DSCA 01 

SYSTEM NAME: 

International Affairs Personnel 

Initiatives Database. (November 23, 

2005; 70 FR 70789). 

CHANGES: 

* * * * * 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Delete entry and replace with 

‘‘Civilians and military personnel 

employed with the Department of 

Defense who wish to become certified 

by the DoD International Affairs 

Certification Program, a voluntary 

program sponsored by the Defense 

Security Cooperation Agency and 

Departments of the Army, Navy and Air 

Force.’’ 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Delete entry and replace with ‘‘Full 

name; e-mail address; work mailing 

address, telephone and fax numbers. 

Employment and education 

information that includes if individual 

is civilian or military; major command 

and mailing address, name of 

organization, office symbol/code, job 

title, job function, grade/rank, job series, 

military specialty, start date, total 

months in International Affairs related 

work, billet information, current 

certification level, highest education 

completed, and field of study. 

Supervisor Information that consists of 

first and last name, e-mail address, 

organization, office symbol, work phone 

and fax number.’’ 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Delete entry and replace with ‘‘10 

U.S.C. 134, Under Secretary of Defense 

for Policy and DoD Directive 5105.65, 

Defense Security Cooperation Agency.’’ 

PURPOSE(S): 

Delete entry and replace with 

‘‘International Affairs Personnel 

Initiatives Database (IAPID) is a single 

central facility with the Department of 

Defense (DoD) that maintains and 

mstockstill on DSKH9S0YB1PROD with NOTICES