Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices 60415 

32The Commission understands that certain 

position and exercise limits on Commodity-Based 

ETF options currently exist in the securities options 

markets. See, e.g., ISE Rules 412 and 414; see also 

NYSE Amex Rules 904 and 905. In addition, certain 

position limits and position accountability rules 

apply to security futures products listed and traded 

on OneChicago. See OneChicago Rule 414. 

33 44 U.S.C. 3507(d). 34 7 U.S.C. 19(a). 

considering the Commission’s future 

treatment of options and futures on 

Precious Metal Commodity-Based ETFs 

as required pursuant to the Dodd-Frank 

Act, on each of the following options for 

a proposed exemptive order: 

1. Is there any reason the Commission 

should not provide a categorical Section 

4(c) exemption for the trading and 

clearing of the transactions in question 

on gold and/or silver Commodity-Based 

ETFs? 

2. Are the palladium and platinum 

markets sufficiently distinct from the 

gold and silver markets to justify a 

different regulatory approach, for the 

purposes of a Section 4(c) exemption, 

for options and futures on the Palladium 

and Platinum Products (i.e. the specific 

ETF products identified in the OCC’s 

pending submission) as compared to 

that for options and futures on gold and 

silver Commodity-Based ETFs. 

3. More generally, should the 

Commission consider extending such a 

Section 4(c) exemption to options and 

futures on palladium and platinum 

Commodity-Based ETFs on a categorical 

basis (i.e. without respect to issuer)? 

4. If the Commission continues 

granting Section 4(c) exemptions, 

whether on an individual or categorical 

basis, when presented with a request to 

allow options and futures on 

Commodity-Based ETFs, should the 

Commission include additional 

conditions and requirements? For 

example, should the Commission 

consider imposing large trader reporting 

obligations, position limits,32 or other 

analogous requirements when 

exempting options and futures on 

Precious Metal Commodity-Based ETFs 

from the Commission’s jurisdiction? 

Related Matters 

A. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(‘‘PRA’’) 33 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. 

At least some of the options for a 

proposed exemptive order described 

above, if issued with substantive 

reporting or similar conditions, would 

require a new collection of information 

from any entities that would be subject 

to the proposed order. 

B. Cost-Benefit Analysis 

In considering the options for a 

Section 4(c) exemption allowing the 

trading and clearing as options on 

securities any options on gold, silver, 

palladium, and platinum CommodityBased ETFs, and to clear and treat as 

security futures any futures contracts on 

gold, silver, palladium, and platinum 

Commodity-Based ETFs, Section 15(a) 

of the Act,34 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 Act. 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 Act 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 

Act. 

The Commission is considering the 

costs and benefits of the options for a 

proposed order described above in light 

of the specific provisions of Section 

15(a) of the Act, as follows: 

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, silver, palladium, and platinum 

Commodity-Based ETFs are subject to 

extensive regulatory oversight; however, 

this regulatory oversight in the 

securities markets does not completely 

parallel the oversight programs seen in 

CFTC regulated markets. 

2. Efficiency, competition, and 

financial integrity. The options for a 

proposed exemption may enhance 

market efficiency and competition since 

they could encourage potential trading 

of options and security futures on the 

gold, silver, palladium, and platinum 

Commodity-Based ETFs 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, silver, palladium, and 

platinum Commodity-Based ETFs will 

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

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 the 

gold, silver, palladium, and platinum 

Commodity-Based ETFs will be subject 

to OCC’s current risk-management 

practices including its margining 

system. 

5. Other public interest 

considerations. The options for a 

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 matters discussed 

above. The Commission invites public 

comment on its application of the costbenefit provision. 

* * * * * 

Issued in Washington, DC, on September 

24, 2010 by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2010–24586 Filed 9–29–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DoD–2010–OS–0129] 

Proposed Collection; Comment 

Request 

AGENCY: Office of the Under Secretary of 

Defense (Personnel and Readiness), 

DoD. 

ACTION: Notice. 

SUMMARY: In compliance with Section 

3506(c)(2)(A) of the Paperwork 

Reduction Act of 1995, the Office of the 

Under Secretary of Defense (Personnel 

and Readiness) announces the following 

proposed extension of a public 

information collection and seeks public 

comment on the provisions thereof. 

mstockstill on DSKH9S0YB1PROD with NOTICES6

60416 Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of burden of the 

proposed information collection; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the information collection on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

DATES: Consideration will be given to all 

comments received by November 29, 

2010. 

ADDRESSES: You may submit comments, 

identified by docket 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, docket 

number and title 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: To 

request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to the Office of the Under 

Secretary of Defense (Personnel and 

Readiness) (Defense Human Resource 

Activity), ATTN: Sam Yousef, 4000 

Defense Pentagon, Washington, DC 

20301–4000 or call at (703) 696–0478. 

Title, Associated Form, and OMB 

Control Number: Application for 

Identification Card/DEERS Enrollment, 

DD Form 1172–2, OMB Control Number 

0704–0415. 

Needs and Uses: This information 

collection requirement is necessary to 

validate eligibility for all individuals 

applying for Department of Defense 

benefits and privileges. These benefits 

and privileges include but are not 

limited to, medical coverage, DoD 

Identification Cards, access to DoD 

installations, buildings or facilities, and 

access to DoD computer systems and 

networks. This information collection is 

required to obtain the necessary data 

elements to determine eligible 

individual’s benefits and privileges, to 

provide a proper identification card 

reflecting those benefits and privileges, 

and to maintain a centralized database 

of the eligible population. 

Affected Public: Individuals or 

households. 

Annual Burden Hours: 400,000. 

Number of Respondents: 4,800,000. 

Responses Per Respondent: 1. 

Average Burden Per Response: 5 

minutes. 

Frequency: On occasion. 

SUPPLEMENTARY INFORMATION: 

Summary of Information Collection 

This information collected is used to 

determine an eligible individual’s 

benefits and privileges, to provide a 

proper identification card reflecting 

those benefits and privileges, and to 

maintain a centralized database of the 

eligible population. 

Dated: September 10, 2010. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2010–24528 Filed 9–29–10; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DoD–2010–HA–0131] 

Proposed Collection; Comment 

Request 

AGENCY: Office of the Assistant 

Secretary of Defense for Health Affairs, 

DoD. 

ACTION: Notice. 

SUMMARY: In compliance with Section 

3506(c)(2)(A) of the Paperwork 

Reduction Act of 1995, the Office of the 

Assistant Secretary of Defense for 

Health Affairs announces the proposed 

extension of a public information 

collection and seeks public comment on 

the provisions thereof. Comments are 

invited on: (a) Whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed information collection; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the information collection on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

DATES: Consideration will be given to all 

comments received by November 29, 

2010. 

ADDRESSES: You may submit comments, 

identified by docket 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, docket 

number and title 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: To 

request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to TRICARE Management 

Activity, Office of General Counsel, 

61401 E. Centretech Parkway, Attn: 

Michael Bibbo, Aurora, CO 80011, or 

call TRICARE Management Activity, 

Office of General Counsel, at (303) 676– 

3705. 

Title; Associated Form; and OMB 

Number: Statement of Personal Injury— 

Possible Third Party Liability, TRICARE 

Management Activity; DD Form 2527; 

OMB Control Number 0720–0003. 

Needs and Uses: This information 

collection is completed by TRICARE 

(formerly CHAMPUS) beneficiaries 

suffering from personal injuries and 

receiving medical care at Government 

expense. The information is necessary 

in the assertion of the Government’s 

right to recovery under the Federal 

Medical Care Recovery Act. The data is 

used in the evaluation and processing of 

these claims. 

Affected Public: Individuals or 

households; Federal Government. 

Annual Burden Hours: 56,100. 

Number of Respondents: 224,399. 

Responses per Respondent: 1. 

Average Burden per Response: 15 

minutes. 

Frequency: On occasion. 

SUPPLEMENTARY INFORMATION: 

Summary of Information Collection 

The Federal Medical Recovery Act, 42 

U.S.C. 2651–2653 as implemented by 

Executive Order No. 11060 and 28 CFR 

part 43 provides for recovery of the 

mstockstill on DSKH9S0YB1PROD with NOTICES6