21522 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

1 7 U.S.C. 1a(40). 

2See Dodd-Frank Wall Street Reform and 

Consumer Protection Act, Public Law 111–203, 124 

Stat. 1376 (2010). 

There are three pear processing plants 

in the production area, all located in 

Washington. All three pear processors 

would be considered large entities 

under the SBA’s definition of small 

businesses. 

This rule continues in effect the 

action that decreased the assessment 

rate established for the Committee and 

collected from handlers for the 2012– 

2013 and subsequent fiscal periods from 

$7.73 to $7.00 per ton of processed 

pears handled. The Committee also 

unanimously recommended 2012–2013 

expenditures of $842,137. The 

assessment rate of $7.00 is $0.73 lower 

than the rate previously in effect. 

The quantity of assessable summer/ 

fall processed pears for the 2012–2013 

fiscal period is estimated at 120,000 

tons. Thus, the $7.00 rate should 

provide $840,000 in assessment income. 

Income derived from summer/fall 

processed pear handler assessments, 

monetary reserve, interest, and other 

income will be adequate to cover the 

budgeted expenses. The Committee 

recommended the assessment rate 

decrease because the 2012–2013 

summer/fall processed pear promotion 

budget was reduced. 

This rule continues in effect the 

action that decreased the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers and may reduce 

the burden on producers. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

Oregon-Washington pear industry. All 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the May 

30, 2012, meeting was a public meeting 

and all entities, both large and small, 

were able to express views on this issue. 

In accordance with the Paperwork 

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

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0189, Generic 

Fruit Crops. No changes in those 

requirements as a result of this action 

are anticipated. Should any changes 

become necessary, they would be 

submitted to OMB for approval. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large OregonWashington processed pear handlers. As 

with all Federal marketing order 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

Comments on the interim rule were 

required to be received on or before 

February 4, 2013. No comments were 

received. Therefore, for the reasons 

given in the interim rule, we are 

adopting the interim rule as a final rule, 

without change. 

To view the interim rule, go to: 

http://www.regulations.gov/ 

#!docketDetail;D=AMS-FV-12-0031 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, and 

the E-Gov Act (44 U.S.C. 101). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (77 FR 72197, December 5, 

2012) will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 927 

Marketing agreements, Pears, 

Reporting and recordkeeping 

requirements. 

PART 927—PEARS GROWN IN 

OREGON AND WASHINGTON 

Accordingly, the interim rule 

amending 7 CFR part 927, which was 

published at 77 FR 72197 on December 

5, 2012, is adopted as a final rule, 

without change. 

Dated: April 5, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–08475 Filed 4–10–13; 8:45 am] 

BILLING CODE 3410–02–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 140 

RIN 3038–AE04 

Delegation of Authority To Disclose 

Confidential Information to a Contract 

Market, Registered Futures 

Association or Self-Regulatory 

Organization 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is revising 

its regulations to add to its delegation of 

authority to staff respecting the 

disclosure of information to selfregulatory organizations newly 

established in the Wall Street Reform 

and Consumer Protection Act (the 

‘‘Dodd-Frank Act’’) and not previously 

enumerated in the relevant regulations. 

DATES: This rulemaking is effective on 

April 11, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW., Washington, DC 

20581; David Van Wagner, Chief 

Counsel, Division of Market Oversight, 

telephone (202) 418–5481 and email 

dvanwagner@cftc.gov; and Robert 

Wasserman, Chief Counsel, Division of 

Clearing and Risk, telephone (202) 418– 

5092 and email rwasserman@cftc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 8a(6) of the Commodity 

Exchange Act (‘‘CEA’’), 7 U.S.C. 12a(6), 

authorizes the Commission to 

communicate to the proper committee 

of any registered entity the ‘‘full facts 

concerning any transaction or market 

operation, including the names of 

parties thereto, which in the judgment 

of the Commission disrupts or tends to 

disrupt any market or is otherwise 

harmful or against the best interests of 

producers, consumers, or investors, or 

which is necessary or appropriate to 

effectuate the purposes of [the CEA].’’ 

The term ‘‘registered entity’’ has been 

defined to include boards of trade 

designated as contract markets, 

derivatives clearing organizations, swap 

execution facilities, swap data 

repositories, and certain electronic 

facilities on which a contract 

determined by the Commission to be a 

significant price discovery contract is 

executed or traded.1

The definition of ‘‘registered entity’’ 

in the CEA was amended by the DoddFrank Act, which was enacted on July 

21, 2010.2 Two new categories of 

registered entity were established: Swap 

execution facilities (‘‘SEFs’’) and swap 

data repositories (‘‘SDRs’’), which have 

self-regulatory roles in the swaps 

markets established in the CEA and its 

implementing regulations. Additionally, 

the core principles for derivatives 

clearing organizations (‘‘DCOs’’) were 

revised to expand the scope of a DCO’s 

self-regulatory responsibilities, in 

particular with respect to risk 

management. Commission regulations 

implementing the core principles 

require, for example, monitoring by the 

DCO of the large trader reports of its 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 21523 

3See 17 CFR 39.13(h)(2). 

4 17 CFR 140.72. 

5 5 U.S.C. 553(b). 

6See 5 U.S.C. 553(d). 

7See 5 U.S.C. 601 et seq. 

8 5 U.S.C. 601(2). 9See 44 U.S.C. 3501 et seq. 

members,3 which may necessitate the 

sharing of information by the 

Commission to a DCO on a periodic 

basis. 

In order to mitigate market 

disruptions, ensure the best interests of 

market participants, and to effectuate 

any purpose of the CEA as amended, the 

Commission is revising regulation 

140.72 to permit the provision of critical 

information to all of these registered 

entities. Presently, the delegation of 

authority in regulation 140.72 provides 

certain employees of the Commission 

with the authority to disclose 

confidential information only to any 

contract market, registered futures 

association, or certain self-regulatory 

organizations.4 With this revision of 

regulation 140.72, the present 

delegation of authority will be expanded 

to include all registered entities as 

defined in the CEA and as permitted by 

section 8a(6) of the CEA. 

II. Related Matters 

A. Administrative Procedure Act 

The revisions to the Commission’s 

regulations in this rulemaking do not 

establish any new substantive or 

legislative rules, but rather relate solely 

to rules of agency organization, practice, 

or procedure. Therefore, this rulemaking 

is excepted from the public notice and 

comment provisions of the 

Administrative Procedure Act.5

Additionally, as the revisions to the 

Commission’s regulations in this 

rulemaking will not cause any party to 

undertake efforts to comply with the 

regulations as revised, the Commission 

has determined to make this rulemaking 

effective upon publication in the 

Federal Register.6

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

requires the Commission to consider 

whether the regulations it adopts will 

have a significant economic impact on 

a substantial number of small entities.7

The Commission is obligated to conduct 

a regulatory flexibility analysis for any 

rule for which the agency publishes a 

general notice of proposed rulemaking 

pursuant to section 553(b) of the 

Administrative Procedure Act.8 This 

rulemaking is excepted from the public 

rulemaking provisions of the 

Administrative Procedure Act. 

Accordingly, the Commission is not 

obligated to conduct a regulatory 

flexibility analysis for this rulemaking. 

C. Paperwork Reduction Act 

The Commission may not conduct or 

sponsor, and a respondent is not 

required to respond to, a collection of 

information contained in a rulemaking 

unless the information collection 

displays a currently valid control 

number issued by the Office of 

Management and Budget (‘‘OMB’’) 

pursuant to the Paperwork Reduction 

Act.9 This rulemaking contains no 

collection of information that obligates 

the Commission to obtain a control 

number from OMB. 

List of Subjects in 17 CFR Part 140 

Authority delegations (Government 

agencies), Organization and functions 

(Government agencies). 

For the reasons stated in the 

preamble, the Commission hereby 

amends chapter I of title 17 of the Code 

of Federal Regulations as follows: 

PART 140—ORGANIZATION, 

FUNCTIONS, AND PROCEDURES OF 

THE COMMISSION 

■ 1. The authority citation for part 140 

is revised to read as follows: 

Authority: 7 U.S.C. 2(a)(12) and 12(b). 

§ 140.72 [Amended] 

■ 2. Amend § 140.72 in the section 

heading and paragraphs (a), (b), (d), and 

(f) by removing the words ‘‘contract 

market’’ wherever they appear and 

adding in their place the words 

‘‘registered entity.’’ 

Issued in Washington, DC, on April 5, 

2013, by the Commission. 

Christopher J. Kirkpatrick, 

Deputy Secretary of the Commission. 

[FR Doc. 2013–08440 Filed 4–10–13; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF STATE 

22 CFR Parts 120 and 126 

RIN 1400–AD38 

[Public Notice 8270] 

Implementation of the Defense Trade 

Cooperation Treaty Between the 

United States and Australia 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State is 

amending the International Traffic in 

Arms Regulations (ITAR) to implement 

the Treaty Between the Government of 

the United States of America and the 

Government of Australia Concerning 

Defense Trade Cooperation, identify via 

a supplement to the ITAR the defense 

articles and defense services that cannot 

be exported pursuant to the licensing 

exemption created by the Treaty, and 

make certain other corrections to the 

supplement. 

DATES: This rule is effective upon the 

entry into force of the Treaty Between 

the Government of the United States of 

America and the Government of 

Australia Concerning Defense Trade 

Cooperation. The Department will 

publish a final rule in the Federal 

Register providing the effective date of 

this rule. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Heidema, Office of Defense Trade 

Controls Policy, Department of State, 

telephone (202) 663–2809 or email 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change—Treaties. 

SUPPLEMENTARY INFORMATION: The 

Department of State is amending the 

International Traffic in Arms 

Regulations (ITAR) pursuant to the 

Security Cooperation Act of 2010 (Pub. 

L. 111–266), with the inclusion of other 

changes. Title I of the Security 

Cooperation Act, the Defense Trade 

Cooperation Treaties Implementation 

Act of 2010, implements the Treaty 

Between the Government of the United 

States of America and the Government 

of Australia Concerning Defense Trade 

Cooperation (Treaty Doc. 110–10), and 

the Treaty Between the Government of 

the United States of America and the 

Government of the United Kingdom of 

Great Britain and Northern Ireland 

Concerning Defense Trade Cooperation 

(Treaty Doc. 110–7). The U.S.-UK treaty 

entered into force on April 13, 2012. 

(See ‘‘Implementation of the Defense 

Trade Cooperation Treaty Between the 

United States and the United Kingdom,’’ 

77 FR 16592, and ‘‘Announcement of 

Entry Into Force of the Defense Trade 

Cooperation Treaty Between the United 

States and the United Kingdom,’’ 77 FR 

33089.) This rule amends the ITAR with 

regard to the U.S.-Australia treaty (the 

‘‘Treaty’’). 

ITAR § 120.1 is amended to provide 

updated authorities and editorial 

changes. ITAR § 120.33 is added to 

provide a definition of ‘‘Defense Trade 

Cooperation Treaty between the United 

States and Australia.’’ New ITAR 

§ 120.35 defines the Implementing 

Arrangement pursuant to the Treaty. 

ITAR § 126.16 is added to create the 

licensing exemption and provide 

guidance on its use. Supplement No. 1 

to part 126 is amended to identify 


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