```

[Federal Register Volume 78, Number 34 (Wednesday, February 20, 2013)]
[Notices]
[Pages 11856-11857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03792]

=======================================================================
-----------------------------------------------------------------------

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 Sec.  145.9 of the Commission's regulations.\1\
---------------------------------------------------------------------------

    \1\ See 17 CFR 145.9.

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.
---------------------------------------------------------------------------

    \2\ Commodity Options, 77 FR 25320, April 27, 2012.
    \3\ See 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.
    \4\ See Agency Information Collection Activities: Proposed 
Collection, Comment Request: Form TO, Annual Notice Filing for 
Counterparties to Unreported Trade Options, 77 FR 74647.

---------------------------------------------------------------------------

[[Page 11857]]

    Burden statement: The Commission estimates the burden of this 
collection of information as follows:

                                              Estimated Annual Reporting Burden Hours and Burden Hour Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Annual number    Frequency of response    Hours per response and
               17 CFR                 of respondents       per respondent                 cost            Total annual responses     Total hours cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 32, Appendix A, Form TO........             100  Annually................  2 hours at $200 per      100 (one form per        $20,000 (100 responses
                                                                                 response \5\.            otherwise unreported     times 2 hours per
                                                                                                          trade option             response, based on
                                                                                                          participant).            $100/hour).
--------------------------------------------------------------------------------------------------------------------------------------------------------

     
---------------------------------------------------------------------------

    \5\ The 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.
---------------------------------------------------------------------------

    (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
```