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2012-27166

  • Federal Register, Volume 77 Issue 216 (Wednesday, November 7, 2012)[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]

    [Notices]

    [Pages 66819-66823]

    From the Federal Register Online via the Government Printing Office [www.gpo.gov]

    [FR Doc No: 2012-27166]

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    COMMODITY FUTURES TRADING COMMISSION

    Agency Information Collection Activities: Notice of Intent To

    Extend Collection 3038-0098: Exemptive Order Regarding Compliance With

    Certain Swap Regulations

    AGENCY: Commodity Futures Trading Commission.

    ACTION: Notice.

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    SUMMARY: The Commodity Futures Trading Commission (``Commission'' or

    ``CFTC'') is announcing an opportunity for public comment on the

    proposed extension of its current approval from the Office of

    Management and Budget (``OMB '') of an information collection request

    (``ICR'') titled ``Exemptive Order Regarding Compliance with Certain

    Swap Regulations,'' OMB Control No. 3038-0098. OMB approved the

    Commission's initial ICR request on August 13, 2012, utilizing

    emergency review procedures in accordance with the Paperwork Reduction

    Act of 1995 (``PRA''), 44 U.S.C. 3501 et seq., and Office of Management

    and Budget (``OMB'') regulation 5 CFR 1320.13. The Commission's notice

    of its initial submission for OMB emergency review of the ICR was

    published in the Federal Register, 77 FR 43271, on July 24, 2012.

    The Commission is inviting interested parties to comment on the

    proposed extension of the currently approved ICR, relating to the

    proposed Exemptive Order Regarding Compliance with Certain Swap

    Regulations (``Proposed Exemptive Order'') pursuant to Section 4(c) of

    the Commodity Exchange Act (``CEA'').\1\ If approved, the collection of

    information will be required to obtain or retain a benefit.

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    \1\ See Exemptive Order Regarding Compliance with Certain Swap

    Regulations, 77 FR 41110, July 12, 2012.

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    DATES: Comments must be submitted on or before January 7, 2013.

    ADDRESSES: You may submit written comments on the burden estimated or

    any other aspect of the proposed extension of the information

    collection to the addresses below. Please refer to OMB Control No.

    3098-0098--``Exemptive Order Regarding Compliance with Certain Swap

    Regulations'' in any correspondence.

    Office of Information and Regulatory Affairs, Office of

    Management and Budget, Attention: Desk Officer for CFTC, 725 17th

    Street, Washington, DC 20503, or via electronic mail to

    oira.submission@omb.eop.gov. Comments also may be submitted to the

    Commission by any of the following methods:

    The Agency's Web site, at http://comments.cftc.gov/.

    Follow the instructions for submitting comments through the Web site.

    Mail: David A. Stawick, 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.

    Please submit your comments to the CFTC 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 Sec. 145.9

    of the Commission's regulations.\2\

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    \2\ See 17 CFR 145.9.

    FOR FURTHER INFORMATION CONTACT: Laura B. Badian, Counsel, at 202-418-

    5969, lbadian@cftc.gov, Gail Scott, Counsel, at 202-418-5139,

    gscott@cftc.gov, Office of General Counsel, Commodity Futures Trading

    Commission, Three Lafayette Centre, 1155 21st Street NW., Washington,

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    DC 20581.

    SUPPLEMENTARY INFORMATION:

    I. Background on Proposed Extension of Information Collection

    Activities

    A. Overview

    Title VII of the Dodd-Frank Wall Street Reform and Consumer

    Protection Act (``Dodd-Frank Act''), Public Law 111-203, 124 Stat. 1376

    (2010) amended the CEA to establish a new statutory framework for

    swaps. To implement the Dodd-Frank Act, the Commission has promulgated,

    or proposed, rules and regulations pursuant to the various new

    provisions of the CEA, including those specifically applicable to swap

    dealers (``SDs'') and major swap participants (``MSPs''). The Dodd-

    Frank Act requires all swap dealers and major swap participants to be

    registered with the Commission. It contains definitions of ``swap,''

    ``swap dealer'' and ``major swap participant'' but directs the

    Commission to adopt regulations that further define those terms. On

    July 23, 2012, the Commission's final regulations further defining the

    terms ``swap dealer'' and ``major swap participant'' became effective.

    On October 12, 2012, the Commission's final regulations further

    defining the term ``swap'' and ``security-based swap'' in sections

    712(d) and 721(c) of the Dodd-Frank Act (the ``Products Definitions

    Final Rule'') became effective.\3\ The SD and MSP registration

    [[Page 66820]]

    regulations also became effective on October 12, 2012. An entity that

    has more than the specified de minimis levels of dealing (swaps entered

    into after October 12) is required to register by no later than two

    months after the end of the month in which it surpasses either of the

    two de minimis thresholds in the rules defining the term ``swap

    dealer.'' \1\ Similarly, effective as of October 12, 2012, a person

    that meets the criteria to be an MSP as a result of its swap activities

    in a fiscal quarter must register as an MSP by no later than two months

    after the end of that quarter.

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    \3\ See CFTC and Securities and Exchange Commission (``SEC''),

    Further Definition of ``Swap,'' ``Security-Based Swap,'' and

    ``Security-Based Swap Agreement''; Mixed Swaps; Security-Based Swap

    Agreement Recordkeeping, 77 FR 48207, Aug. 13, 2012.

    \1\ For example, if an entity reaches either of two specified de

    minimis thresholds in swap dealing the day after October 12, 2012,

    then the entity would be required to register within two months

    after the end of October, or by December 31, 2012. As another

    example, if an entity does not reach the specified de minimis level

    in swap dealing until November 20, 2012, then the entity would be

    required to register by January 31, 2013 (i.e., two months after the

    end of the month in which the person first exceeded either of two

    specified de minimis thresholds). Commission rules also specify that

    swap dealing activity engaged in before the effective date of the

    ``swap dealer'' and ``swap'' definition rules (i.e., October 12,

    2012) do not count toward the de minimis thresholds.

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    On July 12, 2012, the Commission published for public comment a

    proposed interpretive guidance and policy statement (``Cross-Border

    Interpretive Guidance'') on the application of the CEA's swap

    provisions and the implementing Commission regulations to cross-border

    activities and transactions.\4\ On July 12, 2012, the Commission also

    published for public comment, pursuant to section 4(c) of the CEA, the

    Proposed Exemptive Order.\5\

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    \4\ See Cross-Border Application of Certain Swaps Provisions of

    the Commodity Exchange Act, 77 FR 41213, July 12, 2012.

    \5\ See Exemptive Order Regarding Compliance with Certain Swap

    Regulations, 77 FR 41110, July 12, 2012.

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    The Proposed Exemptive Order would grant market participants

    temporary conditional relief from certain provisions of the CEA, as

    amended by Title VII of the Dodd-Frank Act. Specifically, the proposed

    relief would allow non-U.S. SDs and non-U.S. MSPs to delay compliance

    with certain entity-level requirements of the CEA (and Commission

    regulations promulgated thereunder), subject to specified conditions.

    Additionally, with respect to transaction-level requirements of the CEA

    (and Commission regulations promulgated thereunder), the relief would

    allow non-U.S. SDs and non-U.S. MSPs, as well as foreign branches of

    U.S. SDs and MSPs, to comply only with those requirements as may be

    required in the home jurisdiction of such non-U.S. SDs and non-U.S.

    MSPs (or in the case of foreign branches of a U.S. SD or U.S. MSP, the

    foreign location of the branch) for swaps with non-U.S. counterparties,

    subject to specified conditions. The Proposed Exemptive Order states

    that this relief would become effective concurrently with the date upon

    which SDs and MSPs must first apply for registration and expire 12

    months following the publication of the Proposed Exemptive Order in the

    Federal Register.

    The conditions for relief set forth in the Proposed Exemptive Order

    are discussed in the Federal Register release published on July 24,

    2012, 77 FR 43271.

    B. Request for Public Comments

    Under the PRA, Federal agencies must obtain OMB approval for each

    collection of information they conduct or sponsor. ``Collection of

    Information'' is defined in 44 U.S.C. 3502(3) and 5 C.F.R. 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, 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. 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. If adopted, the

    collection of information would be required in order for the registrant

    to rely on the exemptive relief. The Commission would protect

    proprietary information in accordance with the Freedom of Information

    Act and 17 CFR part 145, ``Commission Records and Information.'' In

    addition, Sec. 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.'' \6\ 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.

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    \6\ 7 U.S.C. 12(a)(1).

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    With respect to the proposed extension of the collection of

    information described herein, 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.

    II. Purpose and Proposed Use of Information Collected

    The subject information collection ensures that non-U.S. SDs and

    non-U.S. MSPs claiming an exemption from certain entity-level and

    transaction-level requirements under the CEA (and Commission

    regulations promulgated thereunder) would be actively and demonstrably

    considering and planning for compliance with such entity-level and

    transaction-level requirements, as may be applicable, by requiring the

    filing of a compliance plan (and any amendments thereto). In addition,

    the subject information collection ensures that U.S. SDs and U.S. MSPs

    claiming an exemption, on behalf of their foreign branches, with

    respect to transaction-level requirements under the CEA are similarly

    making a good-faith effort to comply with these requirements by

    requiring the filing of a compliance plan (and any amendments thereto).

    On July 24, 2012, the Commission invited interested parties to

    comment on any aspect of the information collection titled ``Exemptive

    Order Regarding Compliance with Certain Swap Regulations,'' OMB Control

    No. 3038-0098. See 77 FR 43271. The Commission did not receive any

    comments on its burden estimates or on any other aspect of the

    information collection requirements contained in the PRA Exemptive

    Order Comment Request. The Commission requested and obtained OMB

    approval under the PRA emergency clearance process for the subject

    information collection because the exemptive relief process is

    essential

    [[Page 66821]]

    to the mission of the agency and must be in place before the date the

    registration requirements for SDs and MSPs under other Dodd-Frank Act

    implementing regulations become mandatory. This notice requests

    extension of OMB's original approval for a period of three (3) years

    utilizing OMB's standard clearance procedures in accordance with the

    Paperwork Reduction Act of 1995.

    III. Burden Statement

    The Commission estimates that 60 to 125 SDs and MSPs (including 40

    to 80 non-U.S. SDs and MSPs and 20 to 45 U.S. SDs and MSPs) will submit

    initial compliance plans. The Commission further estimates that, on

    average, between 60 and 125 SDs and MSPs (including 40 to 80 non-U.S.

    SDs and MSPs and 20 to 45 U.S. SDs and MSPs) will prepare and submit

    one amendment annually.

    The Commission anticipates that compliance plans would be updated

    on a periodic basis as new regulations (including in foreign

    jurisdictions) are adopted and/or come into effect. It is possible that

    one or more amendments will be submitted within the same year as the

    initial compliance plan, but it is difficult to predict when new

    regulations (including in foreign jurisdictions) will be adopted and/or

    become effective. The Commission is therefore providing estimates based

    on an initial submission and one amendment on the assumption that one

    amendment will be filed in the same year as the initial submission.

    The respondent burden hour costs for this collection for non-U.S.

    SDs and MSPs is estimated on average to be $31,190 per submission of an

    initial compliance plan (rounded to the nearest dollar), and an

    additional $31,190 per amendment. The aggregate cost burden for non-

    U.S. SDs and MSPs (which the Commission estimates to be 40 to 80 non-

    U.S. SDs/MSPs) is estimated to be approximately $1,247,600 to

    $2,495,200 for initial plans and $1,247,600 to $2,495,200 for

    amendments.

    The respondent burden hour costs for this collection for U.S. SDs

    and MSPs is estimated on average to be $18,714 per submission of an

    initial compliance plan and an additional $18,714 per amendment. The

    aggregate cost burden for U.S. SDs and MSPs (which the Commission

    estimates to be 20 to 45 U.S. SDs/MSPs) is estimated to be

    approximately $374,280 to $842,130 for initial plans and $374,280 to

    $842,130 for amendments.

    The aggregate cost burden for all SDs and MSPs (both U.S. and non-

    U.S., which the Commission estimates to be 60 to 125 SDs/MSPs) is

    estimated to be approximately $1,621,880 to $3,337,330 for initial

    compliance plans and $1,621,880 to $3,337,330 for amendments. The

    aggregate cost burden for all SDs and MSPs (both U.S. and non-U.S.) for

    both initial compliance plans and one amendment is estimated to be

    approximately $3,243,760 to $6,674,660.

    The Commission estimates the average burden of this collection of

    information as follows:

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    \7\ The Commission currently estimates that approximately 125

    entities will be covered by the definitions of the terms ``swap

    dealer'' and ``major swap participant.'' See Further Definition of

    ``Swap Dealer,'' ``Security-Based Swap Dealer,'' ``Major Swap

    Participant,'' ``Major Security-Based Swap Participant'' and

    ``Eligible Contract Participant''; Final Rule, 77 FR 30596, 30713

    (May 23, 2012). However, not all of these entities are eligible for

    or will seek exemptive relief. Although there is significant

    uncertainty in the number of swap entities that will seek to

    register as SDs and MSPs, as well as the number of swap entities

    that will submit a compliance plan in order to obtain exemptive

    relief, the Commission believes it is reasonable to estimate that

    between 40 and 80 non-U.S. SDs and MSPs will submit compliance

    plans.

    \8\ This estimate is based on the hourly cost of personnel that

    are capable of evaluating both Commission and home country

    regulations in light of the non-U.S. persons' operations. Although

    different registrants may choose to staff preparation of the

    compliance plan with different personnel, Commission staff estimates

    that, on average, an initial compliance plan could be prepared and

    submitted with 70 hours of attorney time, as follows: 10 hours for a

    senior attorney at $830/hour, 30 hours for a mid-level attorney at

    $418/hour, and 30 hours for a junior attorney at $345/hour. The

    total cost of a submission, rounded to the nearest dollar, is

    estimated to be $31,190. To estimate the hourly cost of senior and

    junior-level attorney time, Commission staff consulted with a law

    firm that has substantial expertise in advising clients on similar

    regulations. For the hourly cost of the mid-level attorney,

    Commission staff reviewed data contained in Securities Industry and

    Financial Markets Association (``SIFMA''), Report on Management and

    Professional Earnings in the Securities Industry, Oct. 2011, for New

    York, and adjusted by a factor for overhead and other benefits,

    which the Commission has estimated to be 1.3.

    \9\ The aggregate hourly burden for initial submissions (Column

    3 x Column 4) would be 2,800 to 5,600 hours.

    \10\ See note 8, supra.

    \11\ See note 8, supra.

    \12\ The Commission anticipates that compliance plans would be

    updated on a periodic basis as new regulations (including in foreign

    jurisdictions) are adopted and come into effect. It is possible that

    one or more amendments will be submitted within the same year as the

    initial compliance plan, but it is difficult to predict when new

    regulations (including in foreign jurisdictions) will be adopted and

    become effective. The Commission is therefore providing estimates

    based on an initial submission and one amendment on the assumption

    that one amendment will be filed in the same year as the initial

    submission.

    \13\ The Commission estimates that in most cases the cost of

    submitting a revised plan or plans will be the same as the cost of

    preparing and submitting the initial plan. See supra note 8 for

    additional information.

    \14\ The aggregate hourly burden for amended submissions (Column

    3 x Column 4) would be 2,800 to 5,600 hours.

    \15\ See note 8, supra.

    \16\ See note 8, supra.

    \17\ Although there is significant uncertainty in the number of

    swap entities that will seek to register as SDs and MSPs, as well as

    the number of swap entities that will submit a compliance plan in

    order to obtain exemptive relief, the Commission estimates that 20

    to 45 U.S. SDs or U.S. MSPs whose foreign branch seeks to rely on

    the exemptive relief with respect to swaps with non-U.S.

    counterparties will submit a compliance plan.

    \18\ This estimate is based on the hourly cost of personnel that

    are capable of evaluating both Commission and home country

    regulations in light of the U.S. persons' foreign branch operations.

    Although different registrants may choose to staff preparation of

    the compliance plan with different personnel, Commission staff

    estimates that, on average, an initial compliance plan could be

    prepared and submitted by U.S. SDs and MSPs with 42 hours of

    attorney time, as follows: 6 hours for a senior attorney at $830/

    hour, 18 hours for a mid-level attorney at $418/hour, and 18 hours

    for a junior attorney at $345/hour. The total dollar cost of a

    submission is estimated to be $18,714, at a blended hourly rate of

    $445.57 per hour. To estimate the hourly cost of senior and junior-

    level attorney time, Commission staff consulted with a law firm that

    has substantial expertise in advising clients on similar

    regulations. For the hourly cost of the mid-level attorney,

    Commission staff reviewed data contained in Securities Industry and

    Financial Markets Association (``SIFMA''), Report on Management and

    Professional Earnings in the Securities Industry, Oct. 2011, for New

    York, and adjusted by a factor for overhead and other benefits,

    which the Commission has estimated to be 1.3.

    \19\ The aggregate hourly burden for initial submissions (Column

    3 x Column 4) would be 840 to 1,890 hours.

    \20\ See note 18, supra.

    \21\ See note 18, supra.

    \22\ The Commission anticipates that compliance plans would be

    updated on a periodic basis as new regulations (including in foreign

    jurisdictions) are adopted and come into effect. It is possible that

    one or more amendments will be submitted within the same year as the

    initial compliance plan, but it is difficult to predict when new

    regulations (including in foreign jurisdictions) will be adopted and

    become effective. The Commission is therefore providing estimates

    based on an initial submission and one amendment on the assumption

    that one amendment will be filed in the same year as the initial

    submission.

    \23\ The Commission estimates that in most cases the cost of

    submitting a revised plan or plans will be the same as the cost of

    preparing and submitting the initial plan. See supra note 18 for

    additional information.

    \24\ The aggregate hourly burden for amended submissions (Column

    3 x Column 4) would be 840 to 1,890 hours.

    \25\ The Commission estimates that in most cases the cost of

    submitting a revised plan or plans will be the same as the cost of

    preparing and submitting the initial plan. See note 18, supra.

    \26\ The Commission estimates that in most cases the cost of

    submitting a revised plan or plans will be the same as the cost of

    preparing and submitting the initial plan. See note 18, supra.

    [[Page 66822]]

    Itemized Burden Hours and Cost Table

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    1 2 3 4 5 6 7

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    Aggregate cost

    Number of Aggregate number Average number burden (Based on

    registrants Number of plans of responses of hours per Cost burden Cost burden min-max range in

    estimated to per registrant (Column 1 x response per hour per plan column 3 x column

    submit plans Column 2) 6)

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    1. Initial Submission by a 40 to 80 non- 1............... 40 to 80 8 9 70 \10\ $445.57 \11\ $31,190 $1,247,600 to

    non-U.S. SD or MSP. U.S. SDs and $2,495,200.

    MSPs \7\.

    2. Amended Submission by a 40 to 80 non- 1 (assumes that 40 to 80 13 14 70 \15\ 445.57 \16\ 31,190 $1,247,600 to

    non-U.S. SD or MSP. U.S. SDs and on average, $2,495,200.

    MSPs. each non-U.S.

    applicant will

    prepare and

    submit one

    amendment

    annually) \12\.

    3. Initial Submission by a 20 to 45 U.S. 1............... 20 to 45 18 19 42 \20\ 445.57 \21\ 18,714 $374,280 to

    U.S. SD or MSP. SDs and MSPs $842,130.

    \17\.

    4. Amended Submission by a 20 to 45 U.S. 1 (assumes that 20 to 45 23 24 42 \25\ 445.57 \26\ 18,714 $374,280 to

    U.S. SD or MSP. SDs and MSPs. on average, $842,130.

    each U.S.

    applicant will

    prepare and

    submit one

    amendment

    annually) \22\.

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    Total Aggregate Burden Hours and Costs Table

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    1 2 3 4 5 6

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    Total hours, Total costs,

    Aggregate hours, Aggregate hours, initial and Aggregate costs, Aggregate costs, initial and

    initial plan amended plan amended plans initial plan amended plan amended plans

    (Columns 1 + 2) (Columns 4 + 5)

    --------------------------------------------------------------------------------------------------------------------------------------------------------

    1. Non-U.S. SDs and MSPs........ 2,800 to 5,600.... 2,800 to 5,600.... 5,600 to 11,200... $1,247,600 to $1,247,600 to $2,495,200 to

    $2,495,200. $2,495,200. $4,990,400.

    2. U.S. SD or MSP............... 840 to 1,890...... 840 to 1,890...... 1,680 to 3,780.... $374,280 to $374,280 to $748,560 to

    $842,130. $842,130. $1,684,260.

    3. All SDs and MSPs (Rows 1 + 2) 3,640 to 7,490.... 3,640 to 7,490.... 7,280 to 14,980... $1,621,880 to $1,621,880 to $3,243,760 to

    $3,337,330. $3,337,330. $6,674,660.

    --------------------------------------------------------------------------------------------------------------------------------------------------------

    Initial Compliance Plan--Cost Burden Estimates for non-U.S. SDs and

    MSPs:

    Estimated number of respondents/affected entities: 40 to 80.

    Estimated number of responses per entity: 1.

    Estimated aggregate number of responses: 40 to 80.

    Estimated total average burden hour per respondent: 70 hours.

    Estimated total average burden hour cost burden for all

    respondents: $1,247,600 to $2,495,200 (average of $1,871,400).

    Amended Compliance Plan--Cost Burden Estimates for non-U.S. SDs and

    MSPs:

    Estimated number of respondents/affected entities: 40 to 80.

    Estimated number of amended plans per registrant: 1 annually.

    Estimated aggregate number of responses: 40 to 80.

    Estimated total average burden hour per respondent: 70 hours.

    Estimated total average burden hour cost burden for all

    respondents: $1,247,600 to $2,495,200 (average of $1,871,400).

    Initial Compliance Plan--Cost Burden Estimates for U.S. SDs and

    MSPs:

    Estimated Number of respondents/affected entities: 20 to 45.

    Estimated number of responses per entity: 1.

    Estimated aggregate number of responses: 20 to 45.

    Estimated total average burden hour per respondent: 42 hours.

    Estimated total average burden hour cost for all respondents:

    $374,280 to $842,130 (average of $608,205).

    Amended Compliance Plan--Cost Burden Estimates for non-U.S. SDs and

    MSPs:

    Estimated Number of respondents/affected entities: 20 to 45.

    Estimated number of amended plans per registrant: 1 annually.

    Estimated aggregate number of responses: 20 to 45.

    Estimated total average burden hour per respondent: 42 hours.

    Estimated total average burden hour cost burden for all

    respondents: $374,280 to $842,130 (average of $608,205).

    Aggregate Burden Hours and Costs for all SDs and MSPs (U.S. and

    non-U.S.):

    [[Page 66823]]

    Estimated number of respondents/affected entities: 60 to 125.

    Estimated number of plans per registrant: initial and one amended

    (estimates are provided based on the assumption that one amendment will

    be filed in the same year as the initial submission).

    Estimated aggregate hourly burden (initial plans): 3,640 to 7,490

    hrs.

    Estimated aggregate hourly burden (amendments): 3,640 to 7,490 hrs.

    Estimated aggregate hourly burden (initial plans and one

    amendment): 7,280 to 14,980 hours.

    Estimated aggregate costs (initial plan): $1,621,880 to $3,337,330.

    Estimated aggregate costs (amendments): $1,621,880 to $3,337,330.

    Estimated aggregate costs (initial plans and one amendment):

    $3,243,760 to $6,674,660 (average of $4,959,210).

    Frequency of collection (for all of the above categories):

    Occasional.

    There are no capital costs or operating and maintenance costs

    associated with this collection.

    Dated: November 2, 2012.

    Sauntia S. Warfield,

    Assistant Secretary of the Commission.

    [FR Doc. 2012-27166 Filed 11-6-12; 8:45 am]

    BILLING CODE P

    Last Updated: November 7, 2012



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