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

16 U.S.C 1801 et seq.) and its
implementing regulations 50 CFR
600.920(a). The ACOE determined that
the proposed action would adversely
affect EFH for species managed under
the Pacific Coast Salmon, Pacific Coast
Groundfish, and Coastal Pelagics
Fishery Management Plans. NMFS
SWRO determined that the proposed
action would adversely affect EFH for
species managed under the Pacific Coast
Salmon, Pacific Coast Groundfish, and
Coastal Pelagics Fishery Management
Plans. Habitat will be lost during
removal of wooden pilings; however,
NMFS expected recolonization of the
new pilings within a year. NMFS
believes the proposed action has been
designed to minimize and reduce the
magnitude of potential effects during
implementation of the proposed action.
Therefore, NMFS provides no additional
conservation recommendations. In
addition, NMFS expects EFH will
improve in the vicinity of the pier due
to the following:
(1) Removal and replacement of
creosote-treated wooden piles with CISS
concrete pilings;
(2) A stormwater collection and
treatment system where all stormwater
will be collected and routed by gravity
feed to an upland treatment cell that
will provide detention, settling, and
active filtering prior to complete
infiltration;
(3) Reduced artificial lighting effects;
and
(4) The HSU marine lab water intake
associated with the pier will be fitted
with NMFS-approved screens,
minimizing the risk of entrainment of
small prey fish species.
Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to issue
an IHA to the Trinidad Rancheria for the
harassment of small numbers (based on
populations of the species and stock) of
three species of marine mammals
incidental to specified activities related
to renovation of the Trinidad Pier,
provided the previously mentioned
mitigation, monitoring, and reporting
requirements are incorporated.

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Information Solicited
NMFS requests interested persons to
submit comments and information
concerning this proposed project and
NMFS’ preliminary determination of
issuing an IHA (see ADDRESSES).
Concurrent with the publication of this
notice in the Federal Register, NMFS is
forwarding copies of this application to
the Marine Mammal Commission and
its Committee of Scientific Advisors.

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Dated: May 11, 2011.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2011–12067 Filed 5–17–11; 8:45 am]
BILLING CODE 3510–22–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Renew
Collection 3038–0026, Gross Collection
of Exchange-Set Margins for Omnibus
Accounts
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

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 of
1995 (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, 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
requirements relating to gross collection
of Exchange-Set margins for Omnibus
Accounts.
DATES: Comments must be submitted on
or before July 18, 2011.
ADDRESSES: You may submit comments,
identified by OMB Control Number
3038–0026, by any of the following
methods:
• Agency Web site, via its Comments
Online process: http://
comments.cftc.gov. Follow the
instructions for submitting comments
through the Web site.
• Mail: Mark Bretscher, Division of
Clearing and Intermediary Oversight,
Commodity Futures Trading
Commission, 525 W. Monroe, Suite
1100, Chicago, IL 60661.
Federal eRulemaking Portal: http://
www.regulations.gov/search/index.jsp.
Follow the instructions for submitting
comments.
FOR FURTHER INFORMATION CONTACT:
Mark Bretscher, (312) 596–0529; FAX
(312) 596–0711; e-mail:
mbretscher@cftc.gov.
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.
SUMMARY:

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‘‘Collection of information’’ is defined in
44 U.S.C. 3502(3) and 5 CFR 1320.3(c)
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,
including each proposed extension of an
existing collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, the CFTC is publishing
notice of the proposed collection of
information listed below.
With respect to the following
collection of information, the CFTC
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.
Gross Collection of Exchange-Set
Margins for Omnibus Accounts, OMB
Control Number 3038–0026—Extension
Commission Regulation 1.58 requires
that FCMs margin omnibus accounts on
a gross, rather than a net, basis. The
regulation provides that the carrying
FCM need not collect margin for
positions traded by a person through an
omnibus account in excess of the
amount that would be required if the
same person, instead of trading through
an omnibus account, maintained its
own account with the carrying FCM.
The Commission estimates the burden
of this collection of information as
follows:
• Estimated number of respondents:
125.
• Reports annually by each
respondent: 4.
• Total annual responses: 500.
• Estimated average number of hours
per response: .08.
• Annual reporting burden: 40.

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Federal Register / Vol. 76, No. 96 / Wednesday, May 18, 2011 / Notices
There are no capital costs or operating
and maintenance costs associated with
this collection.
This estimate is based on the number
of written records maintained in the last
three years. Although the burden varies,
such records may involve analytical
work and analysis, as well as multiple
levels of review.
Dated: May 12, 2011.
David A. Stawick,
Secretary of the Commission.
[FR Doc. 2011–12185 Filed 5–17–11; 8:45 am]
BILLING CODE 6351–01–P

COMMODITY FUTURES TRADING
COMMISSION
Performance of Certain Functions by
National Futures Association With
Respect to Commodity Pool Operators
Commodity Futures Trading
Commission.
ACTION: Notice and Order.
AGENCY:

The Commodity Futures
Trading Commission (Commission) is
authorizing the National Futures
Association (NFA) to process: (1) Claims
of exemption from certain Part 4
requirements for commodity pool
operators (CPOs) with respect to pools
whose units are listed and traded on a
national securities exchange
(Commodity ETFs); and (2) notices of
exemption from registration as a CPO
filed by independent directors or
trustees of Commodity ETFs. Further,
the Commission is authorizing NFA to
maintain and serve as the official
custodian of certain Commission
records.

SUMMARY:

DATES:

Effective Date: June 17, 2011.

FOR FURTHER INFORMATION CONTACT:

Christopher W. Cummings, Special
Counsel, Division of Clearing and
Intermediary Oversight, or Barbara S.
Gold, Associate Director, Division of
Clearing and Intermediary Oversight,
Commodity Futures Trading
Commission, 1155 21st Street, NW.,
Washington, DC 20581, telephone
number: (202) 418–5450; facsimile
number: (202) 418–5528; and electronic
mail: ccummings@cftc.gov, or
bgold@cftc.gov, respectively.
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I. Authority and Background
In a separate document published
elsewhere in today’s Federal Register,
the Commission is announcing adoption
of new Regulation 4.12(c), which makes
available to the CPOs of Commodity
ETFs relief from certain disclosure,
reporting and recordkeeping
requirements, and new Regulation

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4.13(a)(5), which makes available relief
from the requirement to register as a
CPO for certain independent directors
and trustees of Commodity ETFs.1 Relief
under each of the new regulations must
be claimed by the filing of specified
notices and in the case of Regulation
4.13(a)(5), certain additional statements.
These filings are similar to filings
currently made with NFA by CPOs
seeking to claim relief under other
provisions of Regulation 4.13.2
Section 8a(10) of the Commodity
Exchange Act 3 (Act) provides that the
Commission may authorize any person
to perform any portion of the
registration functions under the Act,
notwithstanding any other provision of
law, in accordance with rules adopted
by such person and submitted to the
Commission for approval or, if
applicable, for review pursuant to
Section 17(j) of the Act 4 and subject to
the provisions of the Act applicable to
registrations granted by the
Commission. Section 17(o)(1) of the
Act 5 provides that the Commission may
require NFA to perform Commission
registration functions in accordance
with the Act and NFA rules. In this
regard, the Commission notes that NFA
has confirmed its willingness to perform
certain functions that would otherwise
be performed by the Commission.6
Upon consideration, the Commission
has determined to authorize NFA, 90
days following publication of this
Notice and Order in the Federal
Register, to perform the following
functions: (1) To process 7 notices of
claim under Regulation 4.12(c) for
exemption from certain Part 4
requirements; (2) to process notices of
exemption pursuant to Rule 4.13(a)(5)
from registration as a CPO; and (3) to
maintain and to serve as the official
custodian of records for such notices of
claim for exemption. As discussed
below, these functions involve
exemption from certain disclosure,
reporting and recordkeeping
1 In the Federal Register release proposing new
Regulations 4.12(c) and 4.13(a)(5), the Commission
explained the origins and use of the term
‘‘Commodity ETF’’. 75 FR 54794, at 54795 (Sep. 9,
2010).
2 17 CFR 4.13 (2010). Commission regulations
referred to herein may be accessed through the
Commission’s Web site at http://www.cftc.gov.
3 7 U.S.C. 12a(10) (2006). The Act also may be
accessed through the Commission’s Web site.
4 7 U.S.C. 21(j) (2006).
5 7 U.S.C. 21(o)(1) (2006).
6 Letter from Robert K. Wilmouth, President of
NFA, to Brooksley Born, Chairperson of the
Commission, dated June 20, 1997.
7 As used in this Notice and Order, the term
‘‘process’’ generally refers to the review of a notice
for compliance with applicable requirements and,
where necessary, advising the CPO of any
deficiency related thereto.

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28755

requirements for CPOs, and exemption
from CPO registration for certain
persons. This action is consistent with
other action the Commission has taken
with respect to delegating to NFA
various responsibilities under Part 4 of
the Commission’s regulations.8
A. Exemption From Certain Part 4
Requirements for CPOs of Commodity
ETFs
Regulation 4.12(c) makes available an
exemption from certain disclosure,
reporting and reporting requirements for
registered CPOs of Commodity ETFs. To
perfect the exemption, Regulation
4.12(d) requires eligible CPOs to file a
notice of claim for exemption with NFA.
By this Order, NFA is authorized to
process claims for exemption filed by
CPOs who meet the requirements set
forth in Regulation 4.12(c).
B. Exemption From Registration as a
CPO for Independent Directors or
Trustees
Regulation 4.13(a)(5) makes available
an exemption from CPO registration
where a person is a director or trustee
of a commodity pool solely to comply
with the requirements under section
10A of the Securities Exchange Act of
1934, as amended, and any Securities
and Exchange Commission rules and
exchange listing requirements adopted
pursuant thereto, that the pool have an
audit committee comprised exclusively
of independent directors or trustees. To
perfect the exemption, Regulation
4.13(b) requires eligible persons to file
a notice of exemption with NFA. By this
Order, NFA is authorized to process
claims for exemption filed by persons
who meet the requirements set forth in
Regulation 4.13(a)(5).
C. Recordkeeping Requirements
By prior orders, the Commission has
authorized NFA to maintain various
other Commission registration records
and has certified NFA as the official
custodian of such records for this
agency.9 The Commission has now
determined, in accordance with its
authority under Section 8a(10) of the
Act, to authorize NFA to maintain and
to serve as the official custodian of
records for the claims required for the
exemptions provided by Regulations
4.12(c) and 4.13(a)(5).
In maintaining the Commission’s
records pursuant to this Order, NFA
shall be subject to all other requirements
8 See, e.g., 62 FR 52088 (Oct. 6, 1997), whereby
the Commission delegated to NFA the authority to
process various filings made under Part 4.
9 See, e.g., 75 FR 55310 (Sep. 10, 2010); 70 FR
2621 (Jan. 14, 2005); and 68 FR 12684 (Mar. 17,
2003).

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