FR Notice

Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Notices
32. ZhangJiaGang ZhongYuan Pipe-Making
Co.
33. Zhejiang Jianli Enterprise Co., Ltd.
[FR Doc. 2012–30221 Filed 12–14–12; 8:45 am]
BILLING CODE P

DEPARTMENT OF COMMERCE
International Trade Administration

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Application(s) for Duty-Free Entry of
Scientific Instruments
Pursuant to Section 6(c) of the
Educational, Scientific and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by Pub. L. 106–
36; 80 Stat. 897; 15 CFR part 301), we
invite comments on the question of
whether instruments of equivalent
scientific value, for the purposes for
which the instruments shown below are
intended to be used, are being
manufactured in the United States.
Comments must comply with 15 CFR
301.5(a)(3) and (4) of the regulations and
be postmarked on or before January 7,
2013. Address written comments to
Statutory Import Programs Staff, Room
3720, U.S. Department of Commerce,
Washington, DC 20230. Applications
may be examined between 8:30 a.m. and
5:00 p.m. at the U.S. Department of
Commerce in Room 3720.
Docket Number: 12–053. Applicant:
University of Colorado Boulder, 1800
Grant St., Suite 500, Denver, CO 80203.
Instrument: HF2LI Lock-In System.
Manufacturer: Zurich Instruments AG,
Switzerland. Intended Use: The
instrument will be used to measure
detected near-field signals scattered off
an Atomic Force Microscope (AFM) tip
in a scattering-Scanning Near-field
Optical Microscope (s-SNOM). The
instrument will detect the magnitude
and phase of the light scattered by an
AFM tip to measure the electromagnetic
near-field of optical antennas,
plasmonics in metals and
semiconductors (including graphene),
photonic crystals, and other nanoscale
spectroscopy applications. The
instrument has the ability to fully
digitize the measured signal and analyze
it at 50 MHz, as well as the ability to
demodulate many frequencies at once,
which is essential to the measurement
technique. Demodulation at 50 MHz is
necessary because the AFM tip
oscillates at 350–300 kHz, and higher
harmonics (5th or 6th) of this oscillation
must be measured to isolate the nearfield signal. Justification for Duty-Free
Entry: There are no instruments of the
same general category manufactured in
the United States. Application accepted

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by Commissioner of Customs: November
2, 2012.
Docket Number: 12–054. Applicant:
Purdue University, 525 Northwestern
Ave., West Lafayette, IN 47907–2036.
Instrument: DD Neutron Generator.
Manufacturer: NSD Fusion, Germany.
Intended Use: The instrument will be
used to determine the behavior of
produced scintillation light and
ionization electrons of low energy
nuclear recoils of Xenon, as well as to
compare the combination of energy
released in these two channels to energy
released in electronic recoils of the same
energy. The scintillation and ionization
signals are studied in a detector vessel
that lies underneath 5 meters of water,
thus the instrument needs to be water
tight. To study the scintillation light and
ionization behavior of liquid xenon to
neutrons from a mono-energetic neutron
source with energies close to 2.5 MeV,
each neutron interaction must be
resolved separately, and thus arrive at
most once every millisecond. The
instrument has been proven to show
less than a few hundred counts per
second when operated at low voltage,
and thus meets this requirement.
Justification for Duty-Free Entry: There
are no instruments of the same general
category manufactured in the United
States. Application accepted by
Commissioner of Customs: November 2,
2012.
Docket Number: 12–057. Applicant:
Massachusetts Institute of Technology,
190 Albany St., NW21–121, Cambridge,
MA 02139. Instrument: Fast Ferrite
Tuner. Manufacturer: AFT Microwave
GmbH, Germany. Intended Use: The
instrument is part of a magnetic fieldaligned Ion Cyclotron RF antenna,
which is used to automatically follow
the load variation in real time and make
the antenna system load tolerant. The
instrument’s unique specifications are
its frequency range of 50–80 MHz and
5 MW circulating power. Justification
for Duty-Free Entry: There are no
instruments of the same general
category manufactured in the United
States. Application accepted by
Commissioner of Customs: November
15, 2012.
Dated: December 11, 2012.
Gregory W. Campbell,
Director of Subsidies Enforcement, Import
Administration.
[FR Doc. 2012–30342 Filed 12–14–12; 8:45 am]
BILLING CODE 3510–DS–P

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74647

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Proposed Collection,
Comment Request: Form TO, Annual
Notice Filing for Counterparties to
Unreported Trade Options
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

The Commodity Futures
Trading Commission (‘‘Commission’’ or
‘‘CFTC’’) is announcing an opportunity
for public comment on the proposed
collection of certain information by the
agency. Under the Paperwork Reduction
Act (‘‘PRA’’), 44 U.S.C. 3501 et seq.,
Federal agencies are required to publish
notice in the Federal Register
concerning each proposed collection of
information and to allow 60 days for
public comment. The Commission
recently adopted a final rule and interim
final rule, as required by the DoddFrank Wall Street Reform and Consumer
Protection Act (‘‘Dodd-Frank Act’’),
governing commodity options. That
rulemaking includes a requirement that
counterparties to unreported trade
options must file an annual notice with
the Commission on new Form TO. This
notice solicits comments on the
reporting requirement that would be
imposed by Form TO.
DATES: Comments must be submitted on
or before February 15, 2013.
ADDRESSES: You may submit comments,
regarding the burden estimated or any
other aspect of the information
collection, including suggestions for
reducing the burden. Please refer to
‘‘Form TO, ‘Annual Notice Filing for
Counterparties to Unreported Trade
Options’’’ in any correspondence.
Comments may be submitted by any of
the following methods:
• Mail: Office of Information and
Regulatory Affairs, Office of
Management and Budget, Attention:
Desk Officer for CFTC, 725 17th Street,
Washington, DC 20503.
• The Agency’s Web site, at http://
comments.cftc.gov/. Follow the
instructions for submitting comments
through the Web site.
• Mail: Sauntia S. Warfield, Assistant
Secretary of the Commission,
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.
SUMMARY:

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Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Notices

Please submit your comments using
only one method.
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. If
you wish the Commission 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 § 145.9
of the Commission’s regulations.1
FOR FURTHER INFORMATION CONTACT:
Donald Heitman, Senior Special
Counsel, (202) 418–5041,
[email protected], Division of Market
Oversight, or David Aron, Counsel,
(202) 418–6621, [email protected], Office
of the General Counsel, Commodity
Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street NW.,
Washington, DC 20581
SUPPLEMENTARY INFORMATION: Under the
PRA, Federal agencies must obtain
approval from the Office of Management
and Budget (‘‘OMB’’) for each collection
of information they conduct 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 concerning each
proposed collection of information
before submitting the collection to OMB
for approval. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid control number. To
comply with this requirement, the CFTC
is publishing the notice of the proposed
collection of information listed below.
Abstract: In accordance with section
721 of the Dodd-Frank Act, on April 27,
2012, the Commission published a final
and interim final rule governing
commodity options (‘‘Commodity
Options Rules’’).2 The final rule portion
of that rulemaking adopted the
Commission’s proposal to generally
permit market participants to trade
commodity options, which are
statutorily defined as swaps,3 subject to
1 17

CFR 145.9.
FR 25320, April 27, 2012.
3 See 7 U.S.C. 1a(47)(A)(i). Note that the swap
definition excludes options on futures (which must
be traded on a designated contract market (‘‘DCM’’)
pursuant to part 33 of the Commission’s
regulations) (see Commodity Exchange Act (‘‘CEA’’)
section 1a(47)(B)(i), 7 U.S.C. 1a(47)(B)(i)), but it
includes options on physical commodities (whether

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the same rules applicable to every other
swap. The interim final rule portion of
the rulemaking includes a trade option
exemption for physically delivered
commodity options purchased by
commercial users of the commodities
underlying the options (‘‘Trade Option
Interim Final Rule’’ or ‘‘Trade Option
IFR’’), subject to certain conditions.
Those conditions, which include both
recordkeeping and reporting obligations,
are primarily intended to preserve a
level of market visibility for the
Commission while reducing the
regulatory compliance burden for
market participants.
1. Recordkeeping Pursuant to Part 45 4
The conditions set out in the Trade
Option IFR include recordkeeping
requirements for any trade options
activity, i.e., the recordkeeping
or not traded on a DCM) (see CEA section
1a(47)(A)(i), 7 U.S.C. 1a(47)(A)(i)). Other options
excluded from the statutory definition of swap are
options on any security, certificate of deposit, or
group or index of securities, including any interest
therein or based on the value thereof, that are
subject to the Securities Act of 1933 and the
Securities Exchange Act of 1934 (see CEA section
1a(47)(B)(iii), 7 U.S.C. 1a(47)(B)(iii)) and foreign
currency options entered into on a national
securities exchange registered pursuant to section
6(a) of the Securities Exchange Act of 1934 (see
CEA section 1a(47)(B)(iv), 7 U.S.C. 1a(47)(B)(iv)).
Note also that the Commission’s regulations define
a commodity option transaction or commodity
option as ‘‘any transaction or agreement in
interstate commerce which is or is held out to be
of the character of, or is commonly known to the
trade as, an ‘option,’ ‘privilege,’ ‘indemnity,’ ‘bid,’
‘offer,’ ‘call,’ ‘put,’ ‘advance guaranty’ or ‘decline
guaranty’.’’ 17 CFR 1.3(hh). For purposes of this
release, the Commission uses the term ‘‘commodity
options’’ to apply solely to commodity options not
excluded from the swap definition set forth in CEA
section 1a(47)(A), 7 U.S.C. 1a(47)(A). The
Commission recently published, in conjunction
with the Securities and Exchange Commission
(‘‘SEC’’) final rules to further define, among other
things, the term ‘‘swap.’’ See Further Definition of
‘‘Swap,’’ ‘‘Security-Based Swap,’’ and ‘‘SecurityBased Swap Agreement’’; Mixed Swaps; SecurityBased Swap Agreement; Final Rule, 77 FR 48207,
August 13, 2012 (‘‘Product Definitions Final
Rules’’). The Product Definitions Final Rules
address the determination of whether a commodity
option or a transaction with optionality is subject
to the swap definition in the first instance. If a
commodity option or a transaction with optionality
is excluded from the scope of the swap definition
(for example, if it is an excluded forward contract—
see id. at 48227), the commodity options rules,
including the Form TO reporting requirement, are
not applicable.
4 The Commission recently adopted final swap
data recordkeeping and reporting rules as new part
45 of the Commission’s regulations. See Swap Data
Recordkeeping and Reporting Requirements 77 FR
2136, Jan. 13, 2012. The information in this notice
regarding part 45 recordkeeping and reporting is
provided as background, in order to describe Form
TO in context. However, this notice applies only to
Form TO. The PRA implications of the part 45
recordkeeping and reporting requirements were
analyzed as part of the part 45 rulemaking process
and discussed in the final swap data recordkeeping
and reporting rules.

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requirements of 17 CFR 45.2.5 Such
records must be maintained by all trade
option participants pursuant to § 45.2
and made available to the Commission
as specified therein.6 Section 45.2
applies different recordkeeping
requirements, depending on the nature
of the counterparty. For example, if a
trade option counterparty is a swap
dealer (‘‘SD’’) or major swap participant
(‘‘MSP’’), it would be subject to the
comprehensive recordkeeping
requirements of § 45.2(a). If a
counterparty is neither an SD nor an
MSP, it would be subject to the less
stringent recordkeeping requirements of
§ 45.2(b). The recordkeeping
requirement is intended to ensure that
trade options market participants are
able to provide pertinent information
regarding their trade options activity to
the Commission, if requested.
2. Reporting Pursuant to Part 45
In addition to part 45 recordkeeping
(which applies in some form to all trade
options and trade option participants),
the interim final rule requires certain
trade options to be reported pursuant to
part 45’s reporting provisions.7 Under
the interim final rule, the determination
as to whether a trade option is required
to be reported pursuant to part 45 is
based on the parties to the trade option
and whether or not they have previously
reported swaps pursuant to part 45.
Specifically, if any trade option involves
at least one counterparty (whether as
buyer or seller) that has (1) become
obligated to comply with the reporting
requirements of part 45, (2) as a
reporting party, (3) during the twelve
month period preceding the date on
which the trade option is entered into,
(4) in connection with any non-trade
option swap trading activity, then such
5 17

CFR 45.2, id. at 2198.
CFR 45.2(h) provides that:
[a]ll records required to be kept pursuant to this
section [17 CFR 45.2] by any registrant or its
affiliates or by any non-SD/MSP counterparty
subject to the jurisdiction of the Commission shall
be open to inspection upon request by any
representative of the Commission, the United States
Department of Justice, or the [SEC], or by any
representative of a prudential regulator as
authorized by the Commission. Copies of all such
records shall be provided, at the expense of the
entity or person required to keep the record, to any
representative of the Commission upon request.
Copies of records required to be kept by any
registrant shall be provided either by electronic
means, in hard copy, or both, as requested by the
Commission, with the sole exception that copies of
records originally created and exclusively
maintained in paper form may be provided in hard
copy only. Copies of records required to be kept by
any non-SD/MSP counterparty subject to the
jurisdiction of the Commission that is not a
Commission registrant shall be provided in the
form, whether electronic or paper, in which the
records are kept.
7 See 17 CFR 45.3–45.5, 77 FR at 2199–2204.
6 17

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Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Notices
trade option must also be reported
pursuant to the reporting requirements
of part 45. If only one counterparty to
a trade option has previously complied
with the part 45 reporting provisions, as
described above, then that counterparty
shall be the part 45 reporting entity for
the trade option. If both counterparties
have previously complied with the part
45 reporting provisions, as described
above, then the part 45 rules for
determining the reporting party will
apply.8
By applying the part 45 reporting
requirements to trade options in this
manner, the Commission will obtain
greater transparency and improved
oversight of the swaps markets, both of
which are primary statutory objectives
of Title VII of the Dodd-Frank Act.
The Commission believes, however,
that greater transparency regarding the
trade options market must be balanced
against the burdens of frequent and
near-instantaneous reporting required
under part 45 of the Commission’s
regulations on counterparties who are
not otherwise obligated to report
because they do not have other
reportable swap activity. Accordingly, if
neither counterparty to a trade option
already is complying with the reporting
requirements of part 45 as a reporting
party in connection with its non-trade
option swap trading activities as
described above,9 then such trade
option is not required to be reported
pursuant to the reporting requirements
of part 45.10

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3. Annual Notice Filing Alternative to
Part 45 Reporting: Form TO
To the extent that neither
counterparty to a trade option has
previously submitted reports to a swap
data repository (‘‘SDR’’) as a result of its
swap trading activities as described
above, the Commission recognizes that
requiring these entities to report trade
options to an SDR under part 45 of the
Commission’s regulations solely with
respect to their trade options activity
would be costly and time consuming.
As an alternative, the Trade Option IFR
requires any counterparty to an
otherwise unreported trade option to
submit an annual filing to the
Commission for the purpose of
providing notice that it has entered into
8 See 77 FR 25327, April 27, 2012, and 17 CFR
45.8.
9 That is, neither counterparty to the trade option
has previously reported, as the reporting party, nontrade option swap trading activity during the twelve
months preceding the date on which the trade
option is entered into.
10 By taking this approach, the Commission
ensures that no market participant is compelled to
comply with part 45’s reporting requirements based
solely on its trade options activity.

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one or more unreported trade options in
the prior calendar year. Unlike with
trade options subject to the part 45
reporting requirement, wherein only
one counterparty to the trade option
reports the transaction to an SDR, the
notice filing requirement applies to both
counterparties to an unreported trade
option. Because the purpose of the
notice filing requirement is to identify
to the Commission those market
participants engaging in unreported
trade options, the notice filing
requirement applies whether or not
such counterparty has also been a nonreporting counterparty to a reported
trade option in the twelve months
preceding the date on which the
unreported trade option was entered
into. Market participants will satisfy the
annual notice filing requirement by
completing and submitting a new
Commission form, Form TO, by March
1 following the end of any calendar year
during which the market participant
entered into one or more unreported
trade options.
Form TO requires an unreported trade
option counterparty to: (1) Provide
name and contact information, (2)
identify the categories of commodities
(agricultural, metals, energy, or other)
underlying one or more unreported
trade options which it entered into
during the prior calendar year, and (3)
for each commodity category, estimate
the approximate aggregate value of the
underlying physical commodities that it
either delivered or received in
connection with the exercise of
unreported trade options during the
prior calendar year. For the purposes of
item (3), a reporting counterparty
should not include the value of
commodities that were the subject of
trade options that remained open at the
end of the calendar year or the value of
any trade options that expired
unexercised during the prior calendar
year.
Pursuant to the interim final rule,
Form TO is a mandatory annual filing
requirement. The form must be
submitted to the Commission no later
than March 1 for the prior calendar year.
For example, if a market participant
enters into one or more unreported trade
options between January 1, 2013 and
December 31, 2013 (the first calendar
year for which a Form TO will be due
to the Commission is 2013), the market
participant must submit a completed
Form TO to the Commission on or
before March 1, 2014. Form TO is set
out in the Trade Option IFR as
Appendix A to part 32 of the
Commission’s regulations.11 A copy of

Form TO is also appended to this
notice. Form TO will be available
electronically on the Commission’s Web
site at least ninety days before the first
compliance date for filing the form,
March 1, 2014. The Form TO filing
requirement is intended to provide the
Commission a minimally intrusive level
of visibility into the unreported trade
options market, to guide the
Commission’s efforts to collect
additional information through its
authority to obtain copies of books or
records required to be kept pursuant to
the Act 12 should market circumstances
dictate, and to enable the Commission
to determine whether these
counterparties should be subject to more
frequent and comprehensive reporting
obligations in the future.
The Trade Option IFR notice
specifically requested comments on
trade option reporting and/or notice
filing requirements.13 Those comments
may be found on the Commission’s Web
site, www.cftc.gov, at http://
comments.cftc.gov/PublicComments/
CommentList.aspx?id=1196. All
comments received in response to the
Trade Option IFR notice regarding Form
TO will be considered, along with the
comments received in response to this
notice, in determining the Commission’s
final action on Form TO.
If the Commission obtains
information required to be kept through
this collection, it would protect
proprietary information in accordance
with the Freedom of Information Act
and 17 CFR part 145, ‘‘Commission
Records and Information.’’ In addition,
§ 8(a)(1) of the Act strictly prohibits the
Commission, unless specifically
authorized by the Act, from making
public ‘‘data and information that
would separately disclose the business
transactions or market positions of any
person and trade secrets or names of
customers.’’ 14 The Commission is also
required to protect certain information
contained in a government system of
records according to the Privacy Act of
1974, 5 U.S.C. 552a.
Burden Statement: The respondent
burden for this collection is estimated to
be 2 hours per response. These
estimates include the time to: (1)
Review the commodity categories that
were the subject of unreported trade
options during the prior calendar year
(including a review of counterparties to
such transactions to determine which
trade options were otherwise
unreported); (2) estimate the value of
commodities actually delivered or
12 See

17 CFR 1.31(a)(2) and 17 CFR 45.2(h).
77 FR 25320 at 25328.
14 7 U.S.C. 12(a)(1).
13 See

11 See

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Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Notices

received pursuant to trade options in
each category; and (3) prepare and file
Form TO electronically through the

Commission’s web-based Form TO. The
Commission estimates the average

burden of this collection of information
as follows:

ESTIMATED ANNUAL REPORTING BURDEN HOURS AND BURDEN HOUR COSTS
Annual
number of
respondents

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Part 32, Appendix A,
Form TO.

100

Frequency of response
per respondent

Hours per response
and cost

Total annual responses

Total hours cost

Annually ......................

2 hours at $200 per response.15

100 (one form per otherwise unreported
trade option participant).

$20,000 (100 responses times 2
hours per response,
based on $100/
hour.)

Respondents/Affected Entities: 100.
Estimated average number of
responses: 100 (one form per year).
Estimated total average annual
burden on respondents: 2 hours.
Frequency of collection: Annually.
Average total cost: $20,000.
There are no capital costs or operating
and maintenance costs associated with
this collection. The Commission
believes that, as part of customary and
usual business practices, all
respondents already create and store
basic information on what they

purchased or received and how much it
cost.
The Commission invites comments
on:
• Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have a practical use;
• The accuracy of the Commission’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;

• Ways to enhance the quality,
usefulness, and clarity of the
information to be collected; and
• Ways to minimize the burden of
collection of information on those who
are to respond, including through the
use of appropriate automated electronic,
mechanical, or other technological
collection techniques or other forms of
information technology; e.g., permitting
electronic submission of responses.

NOTICE: Failure to file a report
required by the Commodity Exchange
Act (‘‘CEA’’ or the ‘‘Act’’) 17 and the
regulations thereunder,18 or the filing of
a report with the Commodity Futures
Trading Commission (‘‘CFTC’’ or
‘‘Commission’’) that includes a false,
misleading or fraudulent statement or
omits material facts that are required to

be reported therein or are necessary to
make the report not misleading, may (a)
constitute a violation of section 6(c)(2)
of the Act (7 USC 9, 15), section 9(a)(3)
of the Act (7 USC 13(a)(3)), and/or
section 1001 of Title 18, Crimes and
Criminal Procedure (18 USC 1001) and
(b) result in punishment by fine or
imprisonment, or both.

PRIVACY ACT NOTICE

15 The Commission estimates that entities will
spend $100 per hour. The $100 per hour estimate
was used as the average hourly wage rate in the
PRA section of the Internal Business Conduct
Standards for Swap Dealers and Major Swap
Participants final rule (See 77 FR 20128, 20194) and
the wage rate for CCOs under the DCO final rules
(See 76 FR 69344, 69428). As the Commission
explained in the Internal Business Conduct
Standards final rule, the estimate of $100 per hour
was based on recent Bureau of Labor Statistics
findings, including the mean hourly wage of an
employee under occupation code 23–1011,
‘‘Lawyers,’’ that is employed by the ‘‘Securities and
Commodity Contracts Intermediation and Brokerage

Industry,’’ which is $85.20. The mean hourly wage
of an employee under occupation code 11–3031,
‘‘Financial Manager,’’ in the same industry is
$80.90. Additionally, SIFMA’s ‘‘Report on
Management & Professional Earnings in the
Securities Industry—2011’’ estimates the average
wage of a compliance attorney at $96.42 and a
compliance specialist in the U.S. at $74.85 per
hour. As in those rules, the Commission is using a
$100 per hour wage rate in calculating the cost
burdens imposed by this collection of information
and requests comment on the accuracy of its
estimate.
16 A trade option is generally a commodity option
purchased by a commercial party that, upon

exercise, results in the sale of a physical commodity
for immediate (spot) or deferred (forward) shipment
or delivery. See CFTC regulation 32.3(a) (17 CFR
32.3(a)) for more details. An unreported trade
option is a trade option that is not required to be
reported to a swap data repository by either
counterparty pursuant to CFTC regulation 32.3(b)(1)
and part 45 of the Commission’s regulations (17
CFR 32.3(b)(1); 17 CFR part 45).
17 7 U.S.C. section 1, et seq.
18 Unless otherwise noted, the rules and
regulations referenced in this notice are found in
chapter 1 of title 17 of the Code of Federal
Regulations; 17 CFR Chapter 1 et seq.

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Appendix

The Commission’s authority for
soliciting this information is granted in
sections 4c(b) and 8 of the CEA and
related regulations (see, e.g., 17 CFR
§ 32.3(b)). The information solicited
from entities and individuals engaged in
activities covered by the CEA is

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required to be provided to the CFTC,
and failure to comply may result in the
imposition of criminal or administrative
sanctions (see, e.g., 7 U.S.C. §§ 9 and
13a–1, and/or 18 U.S.C. 1001). The
information requested is most
commonly used in the Commission’s
market and trade practice surveillance
activities to provide information
concerning the size and composition of
the commodity derivatives markets. The
requested information may be used by
the Commission in the conduct of
investigations and litigation and, in
limited circumstances, may be made
public on an aggregate basis in
accordance with provisions of the CEA
and other applicable laws. It may also
be disclosed to other government
agencies to meet responsibilities
assigned to them by law. The
information will be maintained in, and
any additional disclosures will be made
in accordance with, the CFTC System of
Records Notices, available on
www.cftc.gov. 19
GENERAL INSTRUCTIONS
Who Must File a Form TO—17 CFR
§ 32.3(b)(2) requires every counterparty

to an unreported trade option to submit
an annual filing to the Commission for
the purpose of providing notice that it
has entered into one or more unreported
trade options in the prior calendar year.
As noted above, an unreported trade
option is a trade option that is not
required to be reported to a swap data
repository by either counterparty
pursuant to CFTC regulation 32.3(b)(1)
and part 45 of the Commission’s
regulations.
When to file—Form TO is an annual
filing requirement due to the
Commission no later than March 1 for
the prior calendar year. For example, if
a market participant enters into one or
more unreported trade options between
January 1, 2013 and December 31, 2013,
the market participant must submit a
completed Form TO to the Commission
on or before March 1, 2014.
Where to file—Generally, Form TO
should be submitted via the CFTC’s web
based Form TO submission process at
http://www.cftc.gov/, or as otherwise
instructed by the Commission or its
designee. If submission through the
web-based Form TO is impossible, the

reporting counterparty shall contact the
Commission at [[email protected]]
or 202–418–5000 for further
instructions.
What to File—All reporting
counterparties filing a Form TO must
complete all questions.
Signature—Each Form TO submitted
to the Commission must be signed or
otherwise authenticated by either (1) the
reporting counterparty submitting the
form or (2) an individual that is duly
authorized by the reporting
counterparty to provide the information
and representations contained in the
form.
CFTC FORM TO
Name and Contact Information for
Reporting Counterparty:
1. Reporting Counterparty
Name and Address (including City,
State, Country, Zip/Postal Code):
Reporting Counterparty Web site (if
any):
Reporting Counterparty Unique
Identifier (if any):

b Legal Entity Identifier ‘‘LEI’’ (if any)
b National Futures Association ID Number (if any)
b Other Party Identifier (Please Specify)

Phone Number and Email Address:

2. Reporting Counterparty Contact
Person 20
Name and Job Title and/or
Relationship with Reporting
Counterparty:

Commodity Category Indication:

or more unreported trade options in the
following commodity categories:

3. In the prior calendar year, the
Reporting Counterparty entered into one

Agricultural 21 .................................................................................................................................................................
Metals 22 ...........................................................................................................................................................................
Energy 23 ..........................................................................................................................................................................
Other (Please Specify) .............................................................................................................................................

Approximate Size of Unreported Trade
Options Exercised in the Prior Calendar
Year:

srobinson on DSK4SPTVN1PROD with

4. Please indicate, by commodity
category, the approximate total value

19 Note that, under the Paperwork Reduction Act,
an agency may not conduct or sponsor, and a
person is not required to respond to, a collection
of information unless it displays a currently valid
control number from the Office of Management and
Budget.
20 This should be an individual able to answer
specific questions about the reporting

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16:21 Dec 14, 2012

Jkt 229001

b
b
b
b

YES
YES
YES
YES

b
b
b
b

NO.
NO.
NO.
NO.

(quantity received/delivered multiplied
by price paid/received) of physical
commodities that the reporting
counterparty purchased and/or
delivered in connection with the

exercise of unreported trade options in
the prior calendar year: 24

counterparty’s unreported trade options activity if
contacted by Commission staff.
21 Agricultural commodity is defined in the
Commission’s regulations at 17 CFR 1.3(zz).
22 Including, but not limited to, gold, silver,
platinum, palladium, copper, aluminum, and rare
earth metals.

23 Including, but not limited to, petroleum
products, natural gas, and electricity.
24 For the purposes of answering this question, a
reporting counterparty should not include the value
of commodities that were the subject of trade
options that remained open at the end of the prior
calendar year or any trade options that expired
unexercised during the prior calendar year.

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74652

Federal Register / Vol. 77, No. 242 / Monday, December 17, 2012 / Notices

Agricultural ........................

b None ............................

b Under $10M ................

b $10M to $100M ...........

b Over $100M

Metals ................................

b None ............................

b Under $10M ................

b $10M to $100M ...........

b Over $100M

Energy ...............................

b None ............................

b Under $10M ................

b $10M to $100M ...........

b Over $100M

Other ..........................

b None ............................

b Under $10M ................

b $10M to $100M ...........

b Over $100M

Signature/Authentication, Name, and
Date
b By checking this box and
submitting this Form TO (or by clicking
‘‘submit,’’ ‘‘send,’’ or any other
analogous transmission command if
transmitting electronically), I certify that
I am duly authorized by the reporting
counterparty identified below to
provide the information and
representations submitted on this Form
TO, and that the information and
representations are true and correct.
Reporting Counterparty Authorized
Representative (Name and Position):
lllllllllllllllllll
(Name)
lllllllllllllllllll
(Position)
Submitted on behalf of:
lllllllllllllllllll
(Reporting Counterparty)
Date of Submission:
lllllllllllllllllll
Dated: December 11, 2012.
Sauntia S. Warfield,
Assistant Secretary of the Commission.
[FR Doc. 2012–30227 Filed 12–14–12; 8:45 am]
BILLING CODE P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission

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Combined Notice of Filings #1
Take notice that the Commission
received the following electric rate
filings:
Docket Numbers: ER12–21–004;
ER12–1521–001; ER12–1522–001;
ER12–1626–001; ER10–2605–004.
Applicants: Agua Caliente Solar, LLC,
Alta Wind VII, LLC, Alta Wind IX, LLC,
Topaz Solar Farms LLC, Yuma
Cogeneration Associates.
Description: Notification of Change in
Status of the MidAmerican Southwest
MBR Sellers.
Filed Date: 12/7/12.
Accession Number: 20121207–5120.
Comments Due: 5 p.m. ET 12/28/12.
Docket Numbers: ER12–2617–001.
Applicants: Midwest Independent
Transmission System Operator, Inc.
Description: SA 2431 Glacial Ridge
Wind-GRE Deficiency Filing to be
effective 9/13/2012.

VerDate Mar<15>2010

16:21 Dec 14, 2012

Jkt 229001

Filed Date: 12/7/12.
Accession Number: 20121207–5027.
Comments Due: 5 p.m. ET 12/28/12.
Docket Numbers: ER13–360–001.
Applicants: Grand Ridge Energy LLC.
Description: Supplemental Filing of
Amended Co-Tenancy, and Shared
Facilities Agreement to be effective 11/
14/2012.
Filed Date: 12/7/12.
Accession Number: 20121207–5070.
Comments Due: 5 p.m. ET 12/28/12.
Docket Numbers: ER13–361–001.
Applicants: Grand Ridge Energy II
LLC.
Description: Supplemental Filing of
Amended Co-Tenancy, and Shared
Facilities Agreement to be effective 11/
14/2012.
Filed Date: 12/7/12.
Accession Number: 20121207–5072.
Comments Due: 5 p.m. ET 12/28/12.
Docket Numbers: ER13–362–001.
Applicants: Grand Ridge Energy III
LLC.
Description: Supplemental Filing of
Amended Co-Tenancy, and Shared
Facilities Agreement to be effective 11/
14/2012.
Filed Date: 12/7/12.
Accession Number: 20121207–5073.
Comments Due: 5 p.m. ET 12/28/12.
Docket Numbers: ER13–363–001.
Applicants: Grand Ridge Energy IV
LLC.
Description: Supplemental Filing of
Amended Co-Tenancy, and Shared
Facilities Agreement to be effective 11/
14/2012.
Filed Date: 12/7/12.
Accession Number: 20121207–5074.
Comments Due: 5 p.m. ET 12/28/12.
Docket Numbers: ER13–374–001.
Applicants: Grand Ridge Energy V
LLC.
Description: Grand Ridge Energy V
LLC submits tariff filing per 35.17(b):
Supplemental Filing of Amended CoTenancy, and Shared Facilities
Agreement to be effective 11/14/2012.
Filed Date: 12/7/12.
Accession Number: 20121207–5075.
Comments Due: 5 p.m. ET 12/28/12.
Docket Numbers: ER13–524–000.
Applicants: PJM Interconnection,
L.L.C.
Description: Original Service
Agreement No. 3445; Queue No. X1–073
to be effective 11/14/2012.

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Filed Date: 12/6/12.
Accession Number: 20121206–5107.
Comments Due: 5 p.m. ET 12/27/12.
Docket Numbers: ER13–525–000.
Applicants: Pacific Gas and Electric
Company.
Description: 2nd Amendment to Gates
Solar Station LGIA WDT SA No. 87 to
be effective 12/4/2012.
Filed Date: 12/6/12.
Accession Number: 20121206–5129.
Comments Due: 5 p.m. ET 12/27/12.
Docket Numbers: ER13–526–000.
Applicants: ITC Midwest LLC.
Description: Filing of Executed
Agreement in Compliance with ER12–
2070 with Modification to be effective
8/20/2012.
Filed Date: 12/6/12.
Accession Number: 20121206–5143.
Comments Due: 5 p.m. ET 12/27/12.
Docket Numbers: ER13–527–000.
Applicants: Westar Energy, Inc.
Description: Kansas Electric Power
Cooperative, Inc., Balancing Area
Services Agreement to be effective 10/1/
2012.
Filed Date: 12/6/12.
Accession Number: 20121206–5161.
Comments Due: 5 p.m. ET 12/27/12.
Docket Numbers: ER13–528–000.
Applicants: Southwest Power Pool,
Inc.
Description: Revisions to Section 10—
Force Majeure and Indemnification to
be effective 2/5/2013.
Filed Date: 12/7/12.
Accession Number: 20121207–5065.
Comments Due: 5 p.m. ET 12/28/12.
Docket Numbers: ER13–529–000
Applicants: PJM Interconnection,
L.L.C.
Description: PJM Interconnection,
L.L.C. submits tariff filing per
35.13(a)(2)(iii: Revisions to the PJM
OATT Att DD re Avoidable Cost Rates
to be effective 2/5/2013.
Filed Date: 12/7/12.
Accession Number: 20121207–5076.
Comments Due: 5 p.m. ET 12/28/12.
Docket Numbers: ER13–530–000.
Applicants: Arizona Public Service
Company.
Description: Arizona Public Service
Company submits tariff filing per
35.13(a)(2)(iii: Ajo Improvement
Company Interconnection Agreement;
Service Agreement No. 326 to be
effective 12/28/2012.

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