Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Notices 65591

specific provisions of section 15(a) of 

the Act. 

A. Protection of Market Participants and 

the Public 

The order would deem certain 

professional IPE floor or electronic 

brokers or traders meeting the required 

conditions who are ECPs, or who have 

guarantees from clearing members that 

are members of FSA-registered 

derivatives clearing organizations and 

are ECPs, to be ECEs under section 

1a(11)(c) and thus permit them to enter 

into proprietary transactions in exempt 

commodities on ECMs. Under the Act, 

ECEs are sophisticated investors who 

have the financial wherewithal or 

trading expertise to participate in these 

markets. Accordingly, there should be 

no effect on the Commission’s ability to 

protect market participants and the 

public. 

B. Efficiency and Competition 

The order is expected to benefit 

efficiency and competition by, among 

other things, providing essential trading 

expertise to the market that enhances 

price discovery through both the speed 

and efficiency of market adjustment to 

new fundamentals and by generally 

increasing the pool of potential 

counterparties for participants trading 

on exempt commercial markets. 

C. Financial Integrity of Futures Markets 

and Price Discovery 

The order should have no effect, from 

the standpoint of imposing costs or 

creating benefits, on the financial 

integrity of the futures and options 

markets. The order should enhance the 

price discovery function of such 

markets. 

D. Sound Risk Management Practices 

The order should have no effect, from 

the standpoint of imposing costs, on the 

risk management practices of the futures 

and options industry. Where an 

individual or entity is qualified as an 

ECP, the individual or entity has been 

deemed under the Act to be sufficiently 

responsible to execute trades in certain 

excluded or exempt commodity 

transactions, and no further mitigation 

of credit risk is necessary. Moreover, 

where an individual or entity does not 

qualify as an ECP, the order requires 

that a clearing member of an FSArecognized derivatives clearing 

organization that is itself an ECP 

guarantee the trades in order to mitigate 

the credit and collection risk. 

E. Other Public Interest Considerations 

The order is consistent with one of 

the purposes of the Act as articulated in 

section 3 in that it would promote 

responsible innovation and fair 

competition among boards of trade, 

other markets, and market participants. 

VI. Order 

Upon due consideration, and 

pursuant to its authority under section 

1a(11)(C) of the Act, the Commission 

hereby determines that certain 

professional International Petroleum 

Exchange (‘‘IPE’’) floor or electronic 

brokers or local traders, who are 

authorized by the Financial Services 

Authority (‘‘FSA’’) or registered with the 

IPE, when acting in a proprietary 

capacity, are appropriate persons as 

defined in section 1a(11)(C) and, thus, 

are deemed to be eligible commercial 

entities and may enter into contracts, 

agreements or transactions in an exempt 

commodity on an exempt commercial 

market under the following conditions: 

1. The contracts, agreements, or 

transactions must be executed on an 

exempt commercial market that meets 

the requirements of section 2(h)(3)–(5) 

of the Act. 

2. The IPE floor or electronic broker, 

denominated as either a Floor Member 

or General Participant pursuant to IPE 

membership rules, must be a member of 

IPE or otherwise have trading privileges 

on IPE, be located in the U.K., and be 

subject to the rules of IPE. 

3. The IPE local trader, denominated 

as a Local Member or Individual 

Participant pursuant to IPE membership 

rules, must be a member of IPE or 

otherwise have trading privileges on 

IPE, be located in the U.K., and be 

subject to the rules of IPE. 

4. The IPE Floor Member or General 

Participant must be authorized and 

regulated by the FSA. 

5. The IPE Local Member or 

Individual Participant must be 

registered with the IPE. 

6. The IPE Floor Member, General 

Participant, Local Member, or 

Individual Participant must have as a 

part of its business the business of 

acting as a professional commodity 

broker or trader on either the IPE open 

outcry or electronic markets. 

7. The IPE Individual Participant 

must meet and satisfy the current 

qualifying standards of an Intermediate 

Customer pursuant to FSA Conduct of 

Business (‘‘COB’’) Rule 4.1.9R. IPE must 

notify the Commission of any changes to 

the standards included in FSA COB 

Rule 4.1.9R. 

8. The IPE Floor Member, General 

Participant, Local Member, or 

Individual Participant must be either an 

eligible contract participant, as that term 

is defined in section 1a(12) of the Act, 

or have its trades on the exempt 

commercial market guaranteed by a 

clearing member that is a member of an 

FSA-recognized derivatives clearing 

organization and is an eligible contract 

participant.

Issued by the Commission this 8th day of 

November, 2004, in Washington, DC. 

Jean A. Webb, 

Secretary of the Commission.

[FR Doc. 04–25282 Filed 11–12–04; 8:45 am] 

BILLING CODE 6351–01–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES 

ADMINISTRATION

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION

[OMB Control No. 9000–0078]

Federal Acquisition Regulation; 

Submission for OMB Review; Make-orBuy Program

AGENCIES: Department of Defense (DOD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA).

ACTION: Notice of request for comments 

regarding an extension to an existing 

OMB clearance (9000–0078).

SUMMARY: Under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the Federal 

Acquisition Regulation (FAR) 

Secretariat has submitted to the Office 

of Management and Budget (OMB) a 

request to review and approve an 

extension of a currently approved 

information collection requirement 

concerning make-or-buy programs. A 

request for public comments was 

published at 69 FR 44645, July 27, 2004. 

No comments were received.

Public comments are particularly 

invited on: Whether this collection of 

information is necessary for the proper 

performance of functions of the FAR, 

and whether it will have practical 

utility; whether our estimate of the 

public burden of this collection of 

information is accurate, and based on 

valid assumptions and methodology; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways in which we can 

minimize the burden of the collection of 

information on those who are to 

respond, through the use of appropriate 

technological collection techniques or 

other forms of information technology.

DATES: Submit comments on or before 

December 15, 2004.

ADDRESSES: Submit comments regarding 

this burden estimate or any other aspect

65592 Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Notices 

of this collection of information, 

including suggestions for reducing this 

burden, to the General Services 

Administration, FAR Secretariat 

(VR),1800 F Street, NW, Room 4035, 

Washington, DC 20405. Please cite OMB 

Control No. 9000–0078, Make-or-Buy 

Program, in all correspondence.

FOR FURTHER INFORMATION CONTACT Jerry 

Zaffos, Contract Policy Division, GSA 

(202) 208–6091

SUPPLEMENTARY INFORMATION:

A. Purpose

Price, performance, and/or 

implementation of socio-economic 

policies may be affected by make-or-buy 

decisions under certain Government 

prime contracts. Accordingly, FAR 

15.407–2, Make-or-Buy Programs (i) Sets 

forth circumstances under which a 

Government contractor must submit for 

approval by the contracting officer a 

make-or-buy program, i.e., a written 

plan identifying major items to be 

produced or work efforts to be 

performed in the prime contractor’s 

facilities and those to be subcontracted;

(ii) Provides guidance to contracting 

officers concerning the review and 

approval of the make-or-buy programs; 

and

(iii) Prescribes the contract clause at 

FAR 52.215–9, Changes or Additions to 

Make-or-Buy Programs, which specifies 

the circumstances under which the 

contractor is required to submit for the 

contracting officer’s advance approval a 

notification and justification of any 

proposed change in the approved makeor-buy program.

The information is used to assure the 

lowest overall cost to the Government 

for required supplies and services.

B. Annual Reporting Burden

Respondents: 150.

Responses Per Respondent: 3.

Total Responses: 450.

Hours Per Response: 8.

Total Burden Hours: 3,600.

Obtaining Copies of Proposals:

Requesters may obtain a copy of the 

information collection documents from 

the General Services Administration, 

FAR Secretariat (VR), Room 4035, 

Washington, DC 20405, telephone (202) 

501–4755. Please cite OMB Control No. 

9000–0078, Make-or-Buy Program, in all 

correspondence.

Dated: November 4, 2004

Laura Auletta,

Director, Contract Policy Division.

[FR Doc. 04–25291 Filed 11–12–04; 8:45 am]

BILLING CODE 6820–EP–S

DEPARTMENT OF DEFENSE

GENERAL SERVICES 

ADMINISTRATION

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION

[OMB Control No. 9000–0155]

Submission for OMB Review; 

Prohibition on Acquisition of Products 

Produced by Forced or Indentured 

Child Labor

AGENCIES: Department of Defense (DOD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA).

ACTION: Notice of request for comments 

regarding an extension to an existing 

OMB clearance.

SUMMARY: Under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the Federal 

Acquisition Regulation (FAR) 

Secretariat will be submitting to the 

Office of Management and Budget 

(OMB) a request to review and approve 

an extension of a currently approved 

information collection requirement 

regarding prohibition on acquisition of 

products produced by forced or 

indentured child labor. A request for 

public comments was published at 69 

FR 54767 on September 10, 2004. No 

comments were received.

DATES: Submit comments on or before: 

December 15, 2004.

ADDRESSES: Submit comments regarding 

this burden estimate or any other aspect 

of this collection of information, 

including suggestions for reducing this 

burden to the Regulatory Secretariat 

(VR), General Services Administration, 

Room 4035, 1800 F Street, NW., 

Washington, DC 20405. Please cite OMB 

Control No. 9000–0155, Prohibition on 

Acquisition of Products Produced by 

Forced or Indentured Child Labor, in all 

correspondence.

FOR FURTHER INFORMATION CONTACT Craig 

R. Goral, Contract Policy Division, GSA 

(202) 501–3856.

SUPPLEMENTARY INFORMATION:

A. Purpose

This information collection complies 

with Executive Order 13126, Prohibition 

on Acquisition of Products Produced by 

Forced or Indentured Child Labor, 

signed by the President on June 12, 

1999. Executive Order 13126 requires 

that this prohibition be enforced within 

the federal acquisition system by means 

of: (1) A provision that requires the 

contractor to certify to the contracting 

officer that the contractor or, in the case 

of an incorporated contractor, a 

responsible official of the contractor has 

made a good faith effort to determine 

whether forced or indentured child 

labor was used to mine, produce, or 

manufacture any product furnished 

under the contract and that, on the basis 

of those efforts, the contractor is 

unaware of any such use of child labor; 

and (2) A provision that obligates the 

contractor to cooperate fully in 

providing reasonable access to the 

contractor’s records, documents, 

persons, or premises if reasonably 

requested by authorized officials of the 

contracting agency, the Department of 

the Treasury, or the Department of 

Justice, for the purpose of determining 

whether forced or indentured child 

labor was used to mine, produce, or 

manufacture any product furnished 

under the contract.

The information collection 

requirements of the Executive Order are 

evidenced via the certification 

requirements delineated at FAR 

22.1505, 52.212–3, 52.222–18, and 

52.222–19.

To eliminate some of the 

administrative burden on offerors who 

must submit the same information to 

various contracting offices, the Civilian 

Agency Acquisition Council and the 

Defense Acquisition Regulations 

Council (Councils) decided to amend 

the Federal Acquisition Regulation 

(FAR) to require offerors to submit 

representations and certifications 

electronically via the Business Partner 

Network (BPN), unless certain 

exceptions apply. Online 

Representations and Certifications 

Application (ORCA) is the specific 

application on the BPN to replace the 

paper based Representations and 

Certifications (Reps and Certs) process. 

The change to the FAR is being 

accomplished by FAR Case 2002–024. 

The clearance associated with this case 

referenced this OMB Control No. 9000–

0155 and reduced the hours of burden 

by 35%—attributable to mandated use 

of ORCA. This reduction is already 

reflected in the figures below.

B. Annual Reporting Burden

Respondents: 500.

Responses Per Respondent: 1.

Hours Per Response: 0.325.

Total Burden Hours: 162.

Obtaining Copies of Proposals:

Requesters may obtain a copy of the 

information collection documents from 

the General Services Administration, 

Regulatory Secretariat (VR), 1800 F 

Street, NW, Room 4035, Washington, 

DC 20405, telephone (202) 501–4755. 

Please cite OMB Control No. 9000–0155, 

Prohibition on Acquisition of Products