Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Notices 60113 

1 17 CFR 145.9. 

proposed activities would not take place 

in areas of significance for marine 

mammal feeding, resting, breeding, or 

calving and would not adversely impact 

marine mammal habitat. 

We have determined, provided that 

ULA carries out the previously 

described mitigation and monitoring 

measures, that the impact of conducting 

harbor activities related to the Delta IV/ 

Evolved Expendable Launch Vehicle at 

Vandenberg Air Force Base, CA, 

September 2012, through September 

2013, may result, at worst, in a 

temporary modification in behavior 

and/or low-level physiological effects 

(Level B harassment) of small numbers 

of certain species of marine mammals. 

Based on the analysis contained here 

of the likely effects of the specified 

activity on marine mammals and their 

habitat, and taking into consideration 

the implementation of the mitigation 

and monitoring measures, have 

determined that the total taking from the 

proposed activities will have a 

negligible impact on the affected species 

or stocks; and that impacts to affected 

species or stocks of marine mammals 

would be mitigated to the lowest level 

practicable. 

Impact on Availability of Affected 

Species or Stock for Taking for 

Subsistence Uses Section 101(a)(5)(D) of 

the Marine Mammal Protection Act also 

requires us to determine that the 

authorization will not have an 

unmitigable adverse effect on the 

availability of marine mammal species 

or stocks for subsistence use. There are 

no relevant subsistence uses of marine 

mammals in the study area 

(northeastern Pacific Ocean) that 

implicate section 101(a)(5)(D) of the 

Marine Mammal Protection Act. 

Endangered Species Act (ESA) 

This action will not affect species 

listed under the Endangered Species Act 

that are under our jurisdiction. The U.S. 

Fish and Wildlife Service issued a 

Biological Opinion in August 2001, 

which concluded that the program was 

not likely to jeopardize the continued 

existence of the southern sea otter. The 

activities covered by our Incidental 

Harassment Authorization are analyzed 

in that Biological Opinion, and this 

Authorization does not modify the 

action in a manner not previously 

analyzed. 

National Environmental Policy Act 

(NEPA) 

In 2001, the U.S. Air Force (Air Force) 

prepared an Environmental Assessment 

for Harbor Activities Associated with 

the Delta IV Program at Vandenberg Air 

Force Base. In 2005, we prepared an 

Environmental Assessment augmenting 

the information contained in the Air 

Force’s EA and issued a Finding of No 

Significant Impact on the issuance of an 

Incidental Harassment Authorization for 

United Launch Alliance’s harbor 

activities in accordance with section 

6.01 of the NOAA Administrative Order 

216–6 (Environmental Review 

Procedures for Implementing the 

National Environmental Policy Act, May 

20, 1999). United Launch Alliance’s 

proposed activities and impacts for 

2012–2013 are within the scope of our 

2005 Environmental Assessment and 

Finding of No Significant Impact. We 

have again reviewed the 2005 

Environmental Assessment and 

determined that there are no new direct, 

indirect or cumulative impacts to the 

human and natural environment 

associated with the Incidental 

Harassment Authorization requiring 

evaluation in a supplemental 

Environmental Assessment and we, 

therefore, we reaffirm the 2005 Finding 

of No Significant Impact. 

Authorization 

As a result of these determinations, 

NMFS has issued an IHA to ULA to take 

marine mammals, by Level B 

harassment only, incidental to 

conducting Delta Mariner operations, 

cargo unloading activities, and harbor 

maintenance activities at south VAFB, 

provided the previously mentioned 

mitigation, monitoring, and reporting 

requirements are incorporated. 

Dated: September 26, 2012. 

Helen M. Golde, 

Acting Office Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2012–24204 Filed 10–1–12; 8:45 am] 

BILLING CODE 3510–22–P 

COMMODITY FUTURES TRADING 

COMMISSION 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–67927; File No. S7–32–11] 

Acceptance of Public Submissions 

Regarding the Study of Stable Value 

Contracts 

AGENCY: Commodity Futures Trading 

Commission; Securities and Exchange 

Commission. 

ACTION: Request for comment; reopening 

of comment period. 

SUMMARY: The Commodity Futures 

Trading Commission (the ‘‘CFTC’’) and 

the Securities and Exchange 

Commission (the ‘‘SEC’’ and, together 

with the CFTC, the ‘‘Commissions’’) are 

reopening the comment period for a 

study to determine whether stable value 

contracts (‘‘SVCs’’) fall within the 

definition of a swap. The study is 

required by Section 719(d) of the DoddFrank Wall Street Reform and Consumer 

Protection Act (the ‘‘Dodd-Frank Act’’). 

The original comment period for the 

study closed on September 26, 2011. 

The Commissions did not complete the 

study pending adoption of final rules 

further defining the terms ‘‘swap’’ and 

‘‘security-based swap.’’ The 

Commissions are considering the study 

in light of the recent adoption of these 

final rules. Accordingly, the 

Commissions are reopening for 30 days 

the time period in which to provide the 

Commissions with comments. 

DATES: Comments should be received on 

or before November 1, 2012. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

CFTC 

• Agency Web site, via its Comments 

Online process: http://comments.cftc.

gov. Follow the instructions for 

submitting comments through the Web 

site. 

• Mail: Sauntia S. Warfield, Assistant 

Secretary, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW., Washington, DC 

20581. 

• Hand Delivery/Courier: Same as 

mail above. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Please submit your comments using 

only one method. ‘‘Stable Value 

Contract Study’’ must be in the subject 

field of responses submitted via email, 

and clearly indicated on written 

submissions. All comments must be 

submitted in English, or if not, 

accompanied by an English translation. 

Comments will be posted as received to 

www.cftc.gov. You should submit only 

information that you wish to make 

available publicly. If you wish the CFTC 

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 section 

145.9 of the CFTC’s regulations.1

The CFTC reserves the right, but shall 

have no obligation, to review, prescreen, filter, redact, refuse, or remove 

any or all of your submission from www.

cftc.gov that it may deem to be 


wreier-aviles on DSK5TPTVN1PROD with NOTICES
60114 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Notices 

2The term ‘‘swap’’ is defined in Commodity 

Exchange Act (‘‘CEA’’) section 1a(47), 7 U.S.C. 

1a(47). The term ‘‘security-based swap’’ is defined 

as an agreement, contract, or transaction that is a 

‘‘swap’’ (without regard to the exclusion from that 

definition for security-based swaps) and that also 

has certain characteristics specified in the DoddFrank Act. See section 3(a)(68) of the Securities 

Exchange Act of 1934, 15 U.S.C. 78c(a)(68). Thus, 

a determination regarding whether SVCs fall within 

the definition of a swap also is relevant to a 

determination of whether SVCs fall within the 

definition of the term ‘‘security-based swap.’’ 

3See section 719(d)(1)(B) of the Dodd-Frank Act. 

4See section 719(d)(1)(C) of the Dodd-Frank Act. 

5See Acceptance of Public Submissions 

Regarding the Study of Stable Value, 76 FR 53162 

(Aug. 25, 2011). 

6 Id. 

7The Commission and the CFTC have approved 

the final rules further defining the terms ‘‘swap’’ 

and ‘‘security-based swap’’ but did not address 

therein whether SVCs are swaps or SBSs. See 77 FR 

48208 (Aug. 13, 2012). 

8Question 4 in the request for comment related 

to the applicability and usefulness of the proposed 

rules further defining the terms ‘‘swap’’ and 

‘‘security-based swap’’ (‘‘Proposed Definitions’’): 

Are the proposed rules and the interpretive 

guidance set forth in the [Proposed Definitions] 

useful, appropriate, and sufficient for persons to 

consider when evaluating whether SVCs fall within 

the definition of a swap? If not, why not? Would 

SVCs satisfy the test for insurance provided in the 

[Proposed Definitions]? Why or why not? Is 

additional guidance necessary with regard to SVCs 

in this context? If so, what further guidance would 

be appropriate? Please explain. 

See Acceptance of Public Submissions Regarding 

the Study of Stable Value Contracts, supra note 5, 

at 53163. 

inappropriate for publication, including 

obscene language. All submissions that 

have been redacted or removed that 

contain comments on the merits of the 

rulemaking will be retained in the 

public comment file and will be 

considered as required under applicable 

laws, and may be accessible under the 

Freedom of Information Act. 

SEC 

Electronic Comments 

• Use the SEC’s Internet comment 

form (http://www.sec.gov/rules/other); 

• Send an email to rule-comments@

sec.gov. Please include File Number S7– 

32–11 on the subject line; or 

• Use the Federal eRulemaking Portal 

(http://www.regulations.gov). Follow the 

instructions for submitting comments. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number S7–32–11. This file number 

should be included on the subject line 

if email is used. To help us process and 

review your comments more efficiently, 

please use only one method. The SEC 

will post all comments on the SEC’s 

Internet web site (http://www.sec.gov/

rules/other). Comments will also be 

available for Web site viewing and 

printing in the SEC’s Public Reference 

Room, 100 F Street NE., Washington, DC 

20549, on official business days 

between the hours of 10 a.m. and 3 p.m. 

All comments received will be posted 

without change; the SEC does not edit 

personal identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. 

FOR FURTHER INFORMATION CONTACT: 

CFTC: Stephen A. Kane, Research 

Economist, Office of the Chief 

Economist, (202) 418–5911, skane@cftc.

gov; or David E. Aron, Counsel, Office 

of the General Counsel, (202) 418–6621, 

daron@cftc.gov, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street NW., 

Washington, DC 20581; SEC: Donna 

Chambers, Senior Special Counsel, (202) 

551–5870, Division of Trading and 

Markets, Securities and Exchange 

Commission, 100 F Street NE., 

Washington, DC 20549–8010. 

SUPPLEMENTARY INFORMATION: Pursuant 

to section 719(d)(1)(A) of the DoddFrank Act, the Commissions jointly 

must conduct a study to determine 

whether SVCs fall within the definition 

of a swap.2 Section 719(d)(1)(A) of the 

Dodd-Frank Act also requires the 

Commissions, in making such 

determination, jointly to consult with 

the Department of Labor, the 

Department of the Treasury, and the 

State entities that regulate the issuers of 

SVCs. 

If the Commissions determine that 

SVCs fall within the definition of a 

swap, they jointly must determine if an 

exemption for SVCs from the definition 

of a swap is appropriate and in the 

public interest and issue regulations 

implementing such determination.3

Until the effective date of any such 

regulations, and notwithstanding any 

other provision of Title VII of the DoddFrank Act, the Title VII requirements 

will not apply to SVCs.4

On August 18, 2011, the Commissions 

requested comment regarding the study 

of SVCs required by Section 719(d) of 

the Dodd-Frank Act.5 Specifically, the 

request for comment included 29 

questions and encouraged commenters 

to provide additional relevant 

information beyond that specified in the 

questions. The Commissions originally 

requested that comments be received by 

September 26, 2011.6

Given the regulatory developments 

since the initial request for comment 

was issued, specifically the adoption of 

final rules further defining the terms 

‘‘swap’’ and ‘‘security-based swap,’’ 7

the Commissions believe that it would 

be appropriate to solicit additional 

public comments on the study of SVCs 

required by Section 719(d) of the DoddFrank Act. Accordingly, the 

Commissions are reopening the public 

comment period for 30 days. The 

Commissions are reopening the 

comment period for the limited purpose 

of soliciting additional or updated 

comments regarding the impact of the 

final rules further defining the terms 

‘‘swap’’ and ‘‘security-based swap’’ on 

the SVC study.8 The Commissions have 

received and reviewed the comments 

previously submitted in response to the 

initial request for comment. 

Commenters do not need to resubmit 

comments that have already been 

provided. 

By the Commodity Futures Trading 

Commission. 

Dated: September 26, 2012. 

Sauntia S. Warfield, 

Assistant Secretary. 

By the Securities and Exchange 

Commission. 

Dated: September 26, 2012. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2012–24179 Filed 10–1–12; 8:45 am] 

BILLING CODE 6351–01–P; 8011–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities Under OMB Review 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of intent to renew. 

SUMMARY: The Commodity Futures 

Trading Commission (CFTC) is 

announcing an opportunity for public 

comment on the proposed collection of 

certain information by the agency. 

Under the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.), Federal agencies 

are required to publish notice in the 

Federal Register concerning each 

proposed collection of information, 

including each proposed extension of an 

existing collection of information, and 

to allow 60 days for public comment in 

response to the notice. This notice 

solicits comments on collections of 

information provided for by the 

Disclosure and Retention of Certain 

Information Related to Cleared Swaps, 

Customer Collateral. 

DATES: Comments must be submitted on 

or before December 3, 2012. 


wreier-aviles on DSK5TPTVN1PROD with NOTICES