28756 Federal Register / Vol. 76, No. 96 / Wednesday, May 18, 2011 / Notices 

10See also, Section 125 of the Commodity 

Futures Modernization Act of 2000, Public Law 

106–554, 114 Stat. 2763, enacted December 21, 

2000, which directed the Commission to report to 

Congress identifying, among other things, ‘‘the 

regulatory functions the Commission currently 

performs that can be delegated to a registered 

futures association.’’ 

11 7 U.S.C. 19(a) (2006). 

and obligations imposed upon it by the 

Commission in existing or future Orders 

or regulations. In this regard, NFA shall 

also implement such additional 

procedures (or modify existing 

procedures) as are acceptable to the 

Commission and as are necessary: to 

ensure the security and integrity of the 

records in NFA’s custody; to facilitate 

prompt access to those records by the 

Commission and its staff, particularly as 

described in other Commission Orders 

or regulations; to facilitate disclosure of 

public or nonpublic information in 

those records when permitted by 

Commission Orders or regulations and 

to keep logs as required by the 

Commission concerning disclosure of 

nonpublic information; and otherwise to 

safeguard the confidentiality of the 

records consistent with Section 8 of the 

Act and the Commission’s regulations 

issued thereunder. 

II. Conclusion and Order 

The Commission has determined, in 

accordance with the provisions of 

Sections 8a(10) and 17(o)(1) of the Act, 

to authorize NFA to perform the 

following functions: 

(1) To process notices of claim under 

Regulation 4.12(c) for exemption from 

compliance with certain Part 4 

requirements, filed under Regulation 

4.12(d) by the registered CPOs of 

Commodity ETFs; 

(2) To process notices of exemption 

pursuant to Regulation 4.13(a)(5) from 

registration as a CPO, filed under 

Regulation 4.13(b) by independent 

directors or trustees of Commodity 

ETFs; and 

(3) To maintain and to serve as the 

official custodian of records for the 

notices required by the regulations 

listed above. 

NFA shall perform these functions in 

accordance with the standards 

established by the Act and Commission 

Orders and regulations promulgated 

thereunder, particularly Part 4 of the 

regulations and Commission Orders 

issued thereunder, and shall provide the 

Commission with such summaries and 

periodic reports as the Commission may 

determine are necessary for effective 

oversight of the functions delegated 

hereby. 

These determinations are based upon 

the Congressional intent expressed in 

Sections 8a(10) and 17(o) of the Act that 

the Commission have the authority to 

delegate to NFA any portion of the 

Commission’s registration 

responsibilities under the Act for 

purposes of carrying out these 

responsibilities in the most efficient and 

cost-effective manner.10

This Order does not, however, 

authorize NFA to render ‘‘no-action’’ 

positions, exemptions or interpretations 

with respect to applicable CPO 

disclosure, reporting, recordkeeping and 

registration requirements. 

Nothing in this Order or in Section 

8a(10) or 17(o) of the Act shall affect the 

Commission’s authority to review NFA’s 

performance of Commission functions 

listed in items (1) through (3) of Section 

II of this Order. 

NFA is authorized to perform all 

functions specified herein until such 

time as the Commission orders 

otherwise. Nothing in this Order shall 

prevent the Commission from exercising 

the authority delegated herein. NFA 

may submit to the Commission for 

decision any specific matters that have 

been delegated to it, and Commission 

staff will be available to discuss with 

NFA staff issues relating to the 

implementation of this Order. Nothing 

in this Order affects the applicability of 

any previous Orders issued by the 

Commission concerning Part 4. 

III. Cost-Benefit Analysis 

Section 15(a) of the Act 11 requires the 

Commission to consider the costs and 

benefits of its actions before 

promulgating regulations under the Act 

or issuing certain orders. By its terms, 

section 15(a) does not require the 

Commission to quantify the costs and 

benefits of a regulation or order, or to 

determine whether the benefits of the 

regulation or order outweigh its costs; 

rather, it requires that the Commission 

‘‘consider’’ the costs and benefits of its 

actions. Section 15(a) further specifies 

that the costs and benefits shall be 

evaluated in light of five broad areas of 

market and public concern: (1) 

Protection of market participants and 

the public; (2) efficiency, 

competitiveness and financial integrity 

of futures markets; (3) price discovery; 

(4) sound risk management practices; 

and (5) other public interest 

considerations. The Commission may 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 

rule is necessary or appropriate to 

protect the public interest or to 

effectuate any of the provisions or 

accomplish any of the purposes of the 

Act. 

Summary of proposed requirements. 

The Order would delegate to NFA the 

responsibility to process notices 

submitted by persons seeking to claim 

exemption under new provisions of 

Regulations 4.12 and 4.13, and to 

maintain and serve as the official 

custodian of those notices. 

Costs. With respect to costs, the 

Commission has determined that there 

will be no costs to members of the 

public or persons subject to Commission 

regulation. Any costs to NFA will be 

insignificant, inasmuch as NFA is 

already responsible for performing the 

same processing functions with respect 

to existing provisions of the same 

regulations, and it has procedures in 

place to readily accommodate the 

notices to be submitted with respect to 

Regulations 4.12(c) and 4.13(a)(5). 

Benefits. With respect to benefits, the 

Commission has determined that 

persons claiming exemption under new 

Regulations 4.12(c) and 4.13(a)(5) will 

be able to use the same procedure that 

is currently used for the other 

exemptive provisions of Part 4, and the 

Commission will not be required to 

devote any resources to performing 

functions that NFA is already 

performing. 

Issued in Washington, DC, on May 5, 2011 

by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2011–11554 Filed 5–17–11; 8:45 am] 

BILLING CODE P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

Sunshine Act Meeting Notice 

The White House Council for 

Community Solutions gives notice of 

their following meeting: 

DATE AND TIME: Friday, June 3, 2011, 

8:30 a.m.–11:30 a.m. Eastern Daylight 

Time. 

PLACE: The Council will meet in the 

Eisenhower Executive Office Building. 

This meeting will be streamed live for 

public viewing and a link will be 

available on the council’s Web site: 

http://www.serve.gov/ 

communitysolutions. 

PUBLIC COMMENT: The public is invited 

to submit publicly available comments 

through the Council’s Web site. To send 

statements to the Council, please send 

written statements to the Council’s 

electronic mailbox at 

WhiteHouseCouncil@cns.gov. The 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 96 / Wednesday, May 18, 2011 / Notices 28757 

public can also follow the Council’s 

work by visiting its Web site: http:// 

www.serve.gov/communitysolutions. 

STATUS: Open. 

MATTERS TO BE CONSIDERED: The purpose 

of this meeting is to review what the 

Council has learned through its 

outreach and other efforts about the 

following: (1) Effective cross-sector 

collaborative initiatives and what makes 

them best practices, and (2) issues 

facing young Americans who are neither 

in school nor in the workplace and 

promising solutions to address this 

challenge. 

CONTACT PERSON FOR MORE INFORMATION: 

Leslie Boissiere, Executive Director, 

White House Council for Community 

Solutions, Corporation for National and 

Community Service, 10th Floor, Room 

10911, 1201 New York Avenue, NW., 

Washington, DC 20525. Phone (202) 

606–3910. Fax (202) 606–3464. E-mail: 

lboissiere@cns.gov. 

Dated: May 16, 2011. 

Leslie Boissiere, 

Executive Director. 

[FR Doc. 2011–12368 Filed 5–16–11; 4:15 pm] 

BILLING CODE 6050–$$–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[DOCKET ID DOD–2011–OS–0055] 

Defense Logistics Agency Revised 

Regulation 1000.22, Environmental 

Considerations in Defense Logistics 

Agency Actions 

AGENCY: Defense Logistics Agency, 

Department of Defense. 

ACTION: Notice of Availability (NOA) of 

Revised Defense Logistics Agency 

Regulation. 

SUMMARY: The Defense Logistics Agency 

(DLA) announces the availability of the 

Revised Defense Logistics Agency 

Regulation (DLAR) 1000.22. The revised 

regulation will implement the National 

Environmental Policy Act of 1969 

(NEPA), Council on Environmental 

Quality (CEQ) in the Code of Federal 

Regulations (CFR) (40 CFR parts 1500– 

1508) and all CEQ guidance documents 

and implementing instructions by 

establishing DLA policy and 

responsibilities for the early integration 

of environmental considerations into 

planning and decision-making. This 

revised DLAR supersedes DLAR 

1000.22, June 1, 1981, and DLA 

Instruction (DLAI) 4103, Environmental 

Considerations in DLA Actions Abroad, 

effective October 18, 2004. 

DATES: The public comment period will 

end June 17, 2011. Comments received 

by the end of the comment period will 

be considered when preparing the final 

version of the documents. 

ADDRESSES: You may submit comments, 

identified by DOCKET ID: DOD–2011– 

OS–0055, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: Phil.Dawson@dla.mil. 

Include DOCKET ID: DOD–2011–OS– 

0055 in the subject line of the message. 

• Fax: 703–767–5268. 

• Mail: Mr. Phillip R. Dawson, 

Defense Logistics Agency, DLA 

Installation Support, Environmental 

Management, Room 2639, 8725 John J. 

Kingman Road, Fort Belvoir, VA 22060– 

6221. 

• Hand Delivery/Courier: Mr. Phillip 

R. Dawson, Defense Logistics Agency, 

DLA Installation Support, 

Environmental Management, Room 

2639, 8725 John J. Kingman Road, Fort 

Belvoir, VA 22060–6221. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Phillip R. Dawson at (703) 767–6303 

during normal business hours Monday 

through Friday, from 8 a.m. to 4:30 p.m. 

SUPPLEMENTARY INFORMATION: Please see 

the proposed Revised Regulation DLAR 

1000.22 at http://www.dla.mil/dlaps/

fedreg/DraftDLAR1000–22(4–28–11).doc 

and Categorical Exclusions Technical 

Support Document at http://

www.dla.mil/dlaps/fedreg/DLA_

CATEX(3–17–2011).doc which are 

housed on the Defense Logistics Agency 

Issuance Program website, DLA 

Publishing System (DLAPS). 

Dated: May 13, 2011. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2011–12227 Filed 5–17–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DOD–2011–OS–0056] 

Privacy Act of 1974; System of 

Records 

AGENCY: Office of the Secretary, DoD. 

ACTION: Notice to Add a System of 

Records. 

SUMMARY: The Office of the Secretary of 

Defense proposes to add 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 June 

17, 2011 unless comments are received 

which result in a contrary 

determination. 

ADDRESSES: You may submit comments, 

identified by docket number and/ 

Regulatory Information Number (RIN) 

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, 

OSD Mailroom 3C843, Washington, DC 

20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) 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, Chief, OSD/JS Privacy 

Office, Freedom of Information 

Directorate, Washington Headquarters 

Services, 1155 Defense Pentagon, 

Washington, DC 20301–1155, or by 

phone 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 FOR

FURTHER INFORMATION CONTACT address. 

The proposed system report, as 

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

Privacy Act of 1974, as amended, was 

submitted on May 11, 2011, 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). 


srobinson on DSKHWCL6B1PROD with NOTICES