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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices

interpretation or other auxiliary aids
should be directed to Heidi Hermsmeyer
at (562) 980–4036 by May 6, 2011.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 29, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–7946 Filed 4–1–11; 8:45 am]
BILLING CODE 3510–22–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities Under OMB Review
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995, 44
U.S.C. 3501 et seq. (PRA), 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 May 4, 2011.
For Further Information or a Copy
Contact: Susan Nathan, Senior Special
Counsel, Division of Market Oversight,
Commodity Futures Trading
Commission, (202) 418–5133; e-mail:
[email protected].
SUMMARY:

Under the
PRA, Federal agencies must obtain
approval from OMB for each collection
of information they collect or sponsor.
‘‘Collection of information’’ is defined in
44 U.S.C. 3502(3) and 5 CFR 1320.3 and
includes agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. Section
3506(c)(2)(A) of the PRA, 44 U.S.C.
3506(c)(2)(A), requires Federal agencies
to provide a 60-day notice in the
Federal Register for each proposed
collection of information before
submitting the collection to OMB for
approval. Accordingly, on January 11,
2011 the Commodity Futures Trading
Commission (Commission or CFTC)
published such a notice in the Federal
Register, in connection with a recently
adopted interim final rule for reporting
pre-enactment swap transactions.1 The

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SUPPLEMENTARY INFORMATION:

1 The Federal Register notice with a 60-day
comment period soliciting comments on this
collection of information was published on January
11, 2011. 76 FR 1603.

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comment period closed on March 14,
2011; one comment was received.2
OMB regulations at 5 CFR 1320,
which implement provisions of the
PRA, further require that on or before
the date of submission to OMB of an
ICR, an agency shall publish in the
Federal Register a notice stating that
OMB approval is being sought and
requesting that comments be submitted
to OMB within 30 days of the notice’s
publication. An agency may not conduct
or sponsor, and a person is not required
to respond to, a collection of
information unless it displays a valid
OMB control number. Accordingly, the
Commission has submitted a request to
OMB for approval of a collection of
information for 17 CFR part 44—Interim
Final Rule for Reporting Pre-Enactment
Swap Transactions. The Commission is
requesting a 3-year term of approval for
this information collection activity.
Abstract: Section 729 of the Wall
Street Reform and Consumer Protection
Act (Dodd-Frank Act) 3 required the
Commission to adopt, within 90 days of
enactment of the Dodd-Frank Act, an
interim final rule for the reporting of
swap transactions entered into before
July 21, 2010 whose terms had not
expired as of that date (‘‘pre-enactment
unexpired swaps’’). Pursuant to this
mandate, the CFTC adopted an interim
final rule requiring specified parties to
pre-enactment unexpired swap
transactions to report certain
information related to those transactions
to a swap data repository (SDR) or to the
Commission by a compliance date to be
established in reporting rules required
under Section 2(h)(5) of the Commodity
Exchange Act (CEA), or within 60 days
after an appropriate SDR becomes
registered under Section 21 of the CEA
and commences operations, whichever
occurs first. An interpretative note to
the rule advises that, in order to comply
with the reporting provisions of the
rule, reporting parties that may be
required to report to an SDR or to the
CFTC will need to preserve information
related to the terms of such swaps.
The Commission initially estimated
that approximately 1,800 entities would
be affected by this rule. That number
was based on the current estimate of the
number of swap dealers (250), major
swap participants (50) and other

counterparties (1,500).4 Because the
Commission has not heretofore
regulated the swap market, it has not
previously collected data to support its
estimate. In its comment letter, the
Coalition correctly observed that this
estimate did not take into account
roughly 2,900 members of the Coalition.
Moreover, the Commission has
estimated that there are roughly 30,000
non-financial entities engaging in swap
transactions 5 (including the Coalition
members) which may be subject to the
requirements of the interim final rule.
Accordingly, the initial estimate of
1,800 affected entities has been revised
to 32,000.
Because the interim final rule requires
only that affected entities maintain data
in its current form, and imposes no
collection, manipulation, compilation or
reporting of the data, the Commission
initially estimated that the hourly
burden would be de minimis.6 The
Coalition suggests that the burden to be
measured is not the time it would take
each affected entity to advise its
employees to retain particular records,
but would also include time spent in
reviewing, interpreting and analyzing
the CEA, the Commission’s jurisdiction
over pre-enactment unexpired swaps,
and the relevance of the interim final
rule to the particular industry. Finally,
the Coalition notes that the burden to
‘‘collect and retain’’ records is only a
first step; should the Commission
require any manipulation, compilation
or interpretation of the data the burden
will be significantly higher. The
Commission has considered these
comments and for the following reasons
has concluded that its estimate is not
inconsistent with the burden imposed
by the interim final rule. The rule
requires merely that affected parties
retain data related to swap transactions
to the extent that and in whatever form
they currently keep such data until such
time as permanent rules governing data
recordkeeping and reporting are
proposed and adopted by the
Commission. None of the activities cited
by the Coalition are contemplated by the
interim final rule.
Burden Statement: The respondent
burden for this collection is estimated to
average .5 hours per response. This
4 76

FR 1603, 1604.
CFTC NPRM: End-User Exception to
Mandatory Clearing of Swaps, 75 FR 80747, 80756
(Dec. 23, 2010). The Commission estimates that
there are approximately 30,000 end users who are
counterparties to a swap in a given year. While it
is possible that the number of end users having preenactment swap transactions to report will be
significantly lower, the 30,000 figure is the more
conservative estimate.
6 76 FR 1603, 1604. The estimated average hourly
burden was estimated at .5 hours.
5 See

2 Letter dated March 14, 2011, from trade
associations comprising the ‘‘Not-for-Profit Electric
End User Coalition’’ (Coalition). The Coalition
challenged the CFTC’s estimates with respect to the
number and diversity of affected entities. In
response to this comment, the Commission has
revised its estimates; these revisions are reflected in
the instant notice as well as in the ICR forwarded
to OMB.
3 Public Law 111–203, 124 Stat. 1376 (2010).

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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices
estimate includes the time to locate the
data related to the pre-enactment
unexpired swap transaction and the
time to ensure that the data is
maintained in such form as it currently
exists. The total annual cost burden per
respondent is estimated to be $21.05.
The Commission based its calculation
on an hourly wage rate of $42.05 for a
Programmer to maintain the data.7
Respondents/Affected Entities: Swap
dealers, Major Swap Participants, and
other counterparties to a swap
transaction (i.e., end-user, non-SD/nonMSP counterparties).
Estimated Number of Respondents:
32,000.
Estimated Total Annual Burden on
Respondents: 16,000 hours.
Frequency of Collection: Once.
Comments regarding the
burden estimated or any other aspect of
the information collection, including
suggestions for reducing the burden,
may be submitted directly to the Office
of Information and Regulatory Affairs
(OIRA) in OMB, by e-mail at
[email protected]. Please
provide the Commission with a copy of
all submitted comments at the address
listed below. Please refer to OMB
Reference No. 201101–3038–002, found
on http://reginfo.gov.
Comments may also be submitted to:
Susan Nathan, Senior Special Counsel,
Division of Market Oversight,
Commodity Futures Trading
Commission, 1155 21st Street, NW.,
Washington, DC 2058; e-mail the
Agency’s Web site at http://
comments.cftc.gov. Follow the
instructions for submitting comments
through the Web site.
Comments may also be mailed to:
David Stawick, Secretary of the
Commission, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street, NW.,
Washington, DC 20581 or by Hand
Delivery/Courier at the same address.
A copy of the supporting statements
for the collection of information
discussed above may be obtained by
visiting RegInfo.gov.

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ADDRESSES:

7 In arriving at a wage rate for the hourly costs
imposed, Commission staff used the Management &
Professional Earnings in the Securities Industry
Report, published in 2010 by the Securities
Industry and Financial Markets Associations (2010
Report). The sage rate used the median salary of a
Programmer as published in the 2010 Report and
divided that figure by 2000 annual working hours
to arrive at the hourly rate of $42.05. Because the
interim final rule requires only that existing data be
maintained in its current form, a programmer will
be able to perform this task.

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Issued by the Commission, this 30th day of
March 2011.
David Stawick,
Secretary of the Commission.
[FR Doc. 2011–7943 Filed 4–1–11; 8:45 am]
BILLING CODE P

DEPARTMENT OF DEFENSE
Department of the Air Force
U.S. Air Force Scientific Advisory
Board; Notice of Meeting
AGENCY: Department of the Air Force,
US Air Force Scientific Advisory Board.
ACTION: Meeting notice.
SUMMARY: Under the provisions of the
Federal Advisory Committee Act of
1972 (5 U.S.C., Appendix, as amended),
the Government in the Sunshine Act of
1976 (5 U.S.C. 552b, as amended), and
41 CFR 102–3.150, the Department of
Defense announces that the United
States Air Force Scientific Advisory
Board (SAB) meeting will take place on
5 April 2011 at the Ogden Air Logistics
Center, Club Hill Building 450, 7420
Miller Street, Hill Air Force Base, Utah,
84056. The meeting will be from 8:00
am—4:30 pm. The purpose of the
meeting is to hold the SAB quarterly
meeting to conduct classified
discussions on the various missions of
Hill Air Force Base, how capabilities are
used in the field, and how this
information relates to the FY11 SAB
studies tasked by the SECAF.
Pursuant to 5 U.S.C. 552b, as
amended, and 41 CFR 102–3.155, the
Administrative Assistant of the Air
Force, in consultation with the Office of
the Air Force General Counsel, has
determined in writing that the public
interest requires that all sessions of the
United States Air Force Scientific
Advisory Board meeting be closed to the
public because they will be concerned
with classified information and matters
covered by sections 5 U.S.C. 552b(c) (1)
and (4).
Any member of the public wishing to
provide input to the United States Air
Force Scientific Advisory Board should
submit a written statement in
accordance with 41 CFR 102–3.140(c)
and section 10(a)(3) of the Federal
Advisory Committee Act and the
procedures described in this paragraph.
Written statements can be submitted to
the Designated Federal Officer at the
address detailed below at any time.
Statements being submitted in response
to the agenda mentioned in this notice
must be received by the Designated
Federal Officer at the address listed
below at least five calendar days prior
to the meeting which is the subject of

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18537

this notice. Written statements received
after this date may not be provided to
or considered by the United States Air
Force Scientific Advisory Board until its
next meeting. The Designated Federal
Officer will review all timely
submissions with the United States Air
Force Scientific Advisory Board
Chairperson and ensure they are
provided to members of the United
States Air Force Scientific Advisory
Board before the meeting that is the
subject of this notice.
Due to internal DoD difficulties,
beyond the control of the U.S. Air Force
Scientific Advisory Board or its
Designated Federal Officer, the Board
was unable to process the Federal
Register notice for the 5 April 2011
meeting of the U.S. Air Force Scientific
Advisory Board as required by 41 CFR
102–3.150(a). Accordingly, the Advisory
Committee Management Officer for the
Department of Defense, pursuant to 41
CFR 102–3.150(b), waives the 15calendar day notification requirement.
FOR FURTHER INFORMATION CONTACT: The
United States Air Force Scientific
Advisory Board Executive Director and
Designated Federal Officer, Lt Col
Anthony M. Mitchell, 301–981–7135,
United States Air Force Scientific
Advisory Board, 1602 California Ave.,
Ste. #251, Andrews AFB, MD 20762,
[email protected].
Bao-Anh Trinh,
Air Force Federal Register Liaison Officer.
[FR Doc. 2011–7866 Filed 4–1–11; 8:45 am]
BILLING CODE 5001–10–P

DEPARTMENT OF DEFENSE
Department of the Air Force
Notice—Nationwide Categorical
Waivers Under Section 1605 (Buy
American) of the American Recovery
and Reinvestment Act of 2009
(Recovery Act)
772D ENTERPRISE SOURCING
SQUADRON, DOD, Air Force.
SUMMARY: The U.S. Department of Air
Force, 772d ESS/PK, Senior Center
Contracting Official (SOCO) hereby
provides notice that on 4 March 2011 a
waiver of the Buy American
requirements of the American Recovery
and Reinvestment Act of 2009, Public
Law 1115 (Recovery Act) under the
authority of section 1605 (b)(2) [iron,
steel, and the relevant manufactured
goods are not produced in the United
States in sufficient and reasonably
available quantities and of satisfactory
quality] for the of the following
construction items to be incorporated
AGENCY:

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