Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices 6637 

Monument, the Secretaries are to ensure 

that any sustenance, recreational, or 

traditional indigenous fishing in the 

Islands Unit be managed as a 

sustainable activity. Proclamation 8335 

also provided that Marianas Trench 

Marine National Monument 

management plans shall provide for 

traditional access by indigenous 

persons, as identified by the Secretaries 

in consultation with the Commonwealth 

of the Northern Marianas Islands 

(CNMI) government, for culturally 

significant subsistence, cultural and 

religious uses within the Islands Unit. 

Presidential Proclamation 8337 for the 

Pacific Remote Islands Marine National 

Monument states that non-commercial 

fishing may be permitted and directs the 

Secretaries to provide a process to 

ensure that recreational fishing be 

sustainable. The Presidential 

Proclamations establishing the 

monuments identified the MagnusonStevens Fishery Conservation and 

Management Act (MSA; 16 U.S.C. 1801 

et seq.) as the statutory authority to 

develop regulations related to fisheries. 

In following the MSA process to 

promulgate fishing regulations for the 

Rose Atoll, Islands Unit of the Marianas 

Trench, and Pacific Remote Islands 

Marine National Monuments, the 

National Marine Fisheries Service 

(NMFS), which acts on behalf of the 

Secretary of Commerce, has requested 

that the Western Pacific Fishery 

Management Council undertake the 

process to recommend definitions and 

fishing regulations for the types of 

fishing activities mentioned above. 

The Western Pacific Fishery 

Management Council will hold public 

meetings to gather information and 

views from the public regarding 

potential management measures for 

non-commercial fishing in the Rose 

Atoll, Islands Unit of the Marianas 

Trench, and Pacific Remote Islands 

Marine National Monuments as follows: 

1. February 12, 2010. Tutuila, 

American Samoa. 

From 5 p.m. to 9 p.m. at Sadies by the 

Sea. Main Rd, Pago Pago, Tutuila, 

American Samoa 96799. 

2. March 11, 2010, Rota, CNMI. 

From 6 p.m. to 9 p.m. at the Rota 

Round House. Rota, CNMI 96951 

3. March 12, 2010, Tinian, CNMI. 

From 6 p.m. to 9 p.m. at the Tinian 

Elementary School. San Jose Village, 

Tinian 96952 

4. March 13, 2010, Saipan, CNMI. 

From 6 p.m. to 9 p.m. at the Fiesta 

Resort and Spa, Coral Tree Avenue, 

Saipan, MP 96950 

Although non-emergency issues not 

contained in this agenda may come 

before these groups for discussion, in 

accordance with the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), those 

issues may not be the subject of formal 

action during these meetings. Actions 

will be restricted to those issues 

specifically identified in this notice and 

any issues arising after publication of 

this notice that require emergency 

action under Section 305(c) of the 

Magnuson-Stevens Act, provided the 

public has been notified of the Council’s 

intent to take final action to address the 

emergency. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Eric Kingma (see 

FOR FURTHER INFORMATION) at least 3 

days prior to the meeting date. 

Dated: February 4, 2010. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–2862 Filed 2–9–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

National Sea Grant Advisory Board 

AGENCY: National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: This notice sets forth the 

schedule and proposed agenda of a 

forthcoming meeting of the Sea Grant 

Advisory Board (Board). Board members 

will discuss and provide advice on the 

National Sea Grant College Program in 

the areas of program evaluation, 

strategic planning, education and 

extension, science and technology 

programs, and other matters as 

described in the Agenda below. 

DATES: The announced meeting is 

scheduled for Tuesday March 9— 

Wednesday March 10, 2010. 

ADDRESSES: The meeting will be held at 

the Washington Plaza Hotel, 10 Thomas 

Circle Northwest, Washington, DC. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ann Andrus, National Sea Grant College 

Program, National Oceanic and 

Atmospheric Administration, 1315 EastWest Highway, Room 11704, Silver 

Spring, Maryland 20910, 301–734–1088. 

SUPPLEMENTARY INFORMATION: The 

Board, which consists of a balanced 

representation from academia, industry, 

state government and citizens groups, 

was established by Section 209 of the 

Sea Grant Program Improvement Act of 

1976 (Pub. L. 94–461, 33 U.S.C. 1128). 

The duties of the Board were amended 

by the National Sea Grant College 

Program Amendments Act of 2008 (Pub. 

L. 110–394). The Board advises the 

Secretary of Commerce and the Director 

of the National Sea Grant College 

Program with respect to operations 

under the Act, and such other matters 

as the Secretary refers to them for 

review and advice. 

The agenda for the meeting can be 

found at http://www.seagrant.noaa.gov/ 

leadership/advisoryboard/ 

agenda_0310.pdf. 

Dated: February 4, 2010. 

Mark E. Brown, 

Chief Financial Officer/Chief Administrator 

Officer, Office of Oceanic and Atmospheric 

Research, National Oceanic and Atmospheric 

Administration. 

[FR Doc. 2010–2940 Filed 2–9–10; 8:45 am] 

BILLING CODE 3510–KA–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Request for New 

Collection—3038–NEW, Registration 

Under the CEA—Proposed 

Questionnaire to Regulation 30.10 

Relief Recipients (17 CFR Part 30) 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice (Correction)—Proposed 

Questionnaire. 

SUMMARY: 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, and 

to allow 60 days for comment in 

response to the notice. The Division of 

Clearing and Intermediary Oversight 

(DCIO) of the Commodity Futures 

Trading Commission (CFTC) is 

proposing to send a questionnaire to 

obtain updated information on the 

current laws and market developments 

of each jurisdiction in which exemptive 

relief was granted by the Commission 

pursuant to Regulation 30.10. Please 

note that the designation for submission 

of comments has changed. 


sroberts on DSKD5P82C1PROD with NOTICES
6638 Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices 

1 ‘‘Interpretative Statement With Respect to the 

Commission’s Exemptive Authority Under § 30.10 

of Its Rules,’’ 17 CFR Part 30, Appendix A. 2The 13 foreign entities are represented by the 

following jurisdictions: the United Kingdom, 

Australia, Brazil, Germany, Canada, France, Spain, 

New Zealand, Singapore, Taiwan, and Japan. 3 47 FR 18618–18621 (April 30, 1982). 

DATES: Comments must be received by 

April 12, 2010. 

ADDRESSES: Interested persons should 

submit their views and comments to 

Andrew Chapin, Associate Director, or 

Andrea Musalem, Attorney-Advisor, 

Division of Clearing and Intermediary 

Oversight, Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington, DC 20581. In addition, 

comments may be sent by facsimile 

transmission to number (202) 418–5528, 

or by electronic mail to 

amusalem@cftc.gov or 

achapin@cftc.gov. Reference should be 

made to ‘‘Commission Regulation 30.10 

Questionnaire.’’ 

FOR FURTHER INFORMATION CONTACT: 

Andrew Chapin, Associate Director, or 

Andrea Musalem, Attorney-Advisor, 

Division of Clearing and Intermediary 

Oversight, Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington, DC 20581. Telephone: 

(202) 418–5167. 

SUPPLEMENTARY INFORMATION: 

I. Background 

CFTC Regulation 30.10 allows 

persons located and doing business 

outside the U.S., who are subject to a 

comparable regulatory framework in the 

country in which they are located, to 

seek an exemption from the application 

of certain of the Part 30 regulations. 

Regulation 30.10 expressly states that, 

upon petition, the Commission may 

exempt any person from any 

requirement of the Part 30 regulations. 

If the Commission grants an exemption, 

persons located and doing business 

outside the U.S. may solicit or accept 

orders directly from U.S. customers for 

foreign futures or options transactions 

without registering under the Act as 

FCMs. 

A petition for exemption pursuant to 

Regulation 30.10 is typically filed on 

behalf of persons located and doing 

business outside the U.S. that seek 

access to U.S. customers by (1) a 

governmental agency responsible for 

implementing and enforcing the foreign 

regulatory program, or (2) a selfregulatory organization (SRO) of which 

such persons are members. A petitioner 

who seeks an exemption pursuant to 

Regulation 30.10, based on substituted 

compliance with a non-U.S. regulatory 

framework that is comparable to the Act 

and rules thereunder, must set forth 

with particularity the comparable 

regulations applicable in the 

jurisdiction in which that person is 

located. In essence, a petitioner under 

Regulation 30.10 must present, with 

particularity, the factual basis for a 

finding of comparability and the reasons 

why the policies and purposes of the 

Commission’s regulatory program are 

met, notwithstanding any differences of 

degree or kind in the petitioner’s 

regulatory program. 

Appendix A to Part 30 (Appendix A) 

articulates standards to be used by staff 

in assessing whether a foreign 

regulatory system is comparable.1 These 

standards involve inquiry into the 

following areas: (1) Registration, 

authorization or other form of licensing, 

fitness review or qualification of 

persons through which customer orders 

are solicited and accepted; (2) minimum 

financial requirements for those persons 

that accept customer funds; (3) 

protection of customer funds from 

misapplication; (4) recordkeeping and 

reporting requirements; (5) minimum 

sales practice standards, including 

disclosure of the risks of futures and 

options transactions and, in particular, 

the risk of transactions undertaken 

outside the jurisdiction of domestic law; 

(6) compliance; and (7) informationsharing. 

II. The Proposed Questionnaire 

Currently, there are 13 foreign 

entities 2 (two regulators and 11 futures 

exchanges) that have a Regulation 30.10 

exemption some of which date back to 

the late eighties, early nineties. 

Consequently, the Commission’s 

Division of Clearing and Intermediary 

Oversight (DCIO) would like to embark 

upon a program whereby each year, 

DCIO sends out a questionnaire to 

exemption recipients inquiring as to 

material and other relevant changes that 

impacted or could impact the 

fundamentals for which exemptive 

relief was granted in the first place. 

The proposed 2010 Questionnaire 

will ask the following questions: 

The following questions relate to material 

changes that have occurred since the original 

filing of the 30.10 petition. Please answer the 

following questions in detail. 

1. Have there been any material changes 

with regards to the identity or organization 

of the original Petitioner (i.e. change in 

control, change in name, change in structure, 

etc.)? 

2. Has there been a change in the role of 

the government, the regulator, or the selfregulatory organization(s) which has or could 

potentially impact their supervision of and 

their enforcement powers over the exchange 

and its members? 

3. Has there been any material change in 

the legal framework which impacted or could 

impact any of the following: 

a. Registration, authorization or other form 

of licensing, fitness review or qualification of 

persons through which customer orders are 

solicited and accepted; 

b. Minimum financial requirements for 

those persons that accept customer funds; 

c. Protection of customer funds from 

misapplication; 

d. Recordkeeping and reporting 

requirements; 

e. Minimum sales practice standards, 

including disclosure of risks of futures and 

options transactions and, in particular, the 

risk of transactions undertaken outside the 

jurisdiction of domestic law; and 

f. Compliance (i.e. any change in oversight 

structure which impacted or could impact 

the governmental authority or the selfregulatory organization’s ability to audit Part 

30 firms for compliance with, or take action 

against persons that violate the requirements 

of the Part 30 program). 

4. What changes, if any, have occurred in 

insolvency laws as they affect futures 

customers? If there have been changes to 

insolvency laws, have the changes occurred 

within the past two to three years? To what 

extent do you view any recently proposed 

changes to insolvency laws as resulting from 

the 2008–09 financial crisis? 

5. Security futures products have both an 

equity component and a futures component. 

Consequently, in what accounts are security 

futures products held (i.e. the equity account, 

the futures account, or a combined account)? 

Are security futures products subject to 

separate disclosure and margin requirements 

than those required for plain vanilla futures 

products? 

6. Please provide an updated list of all 

firms with relief under the Regulation 30.10 

exemption. 

7. Since the granting of the original 

exemption, please affirm whether 30.10 firms 

have been subject to arbitration and/or 

disciplinary proceedings arising from 

transactions with U.S. customers. To the best 

extent possible, please provide the number of 

times and a brief description of such 

proceedings. 

8. Please provide the name and contact 

information for individuals to whom follow 

up questions might be directed. 

III. Related Matters 

A. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’), 5 U.S.C. 601–611, requires that 

agencies, in proposing rules, consider 

the impact of those rules on small 

businesses. The Commission has 

previously established certain 

definitions of ‘‘small entities’’ to be used 

by the Commission in evaluating the 

impact of its rules on such entities in 

accordance with the RFA.3 The 

proposed Questionnaire discussed 

herein would affect foreign futures 

exchanges and/or foreign securities 

regulators who sought and obtained 

Regulation 30.10 exemptive relief on 

behalf of its members and/or regulatees. 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices 6639 

4Public Law 104–13 (May 13, 1995). 

Foreign regulators and exchanges are 

not included in the definition of ‘‘small 

entities’’ per 47 FR 18618 and 66 FR 

42256. Therefore, the Chairman, on 

behalf of the Commission, hereby 

certifies, pursuant to 5 U.S.C. 605(b) 

that this proposed Questionnaire will 

not have an economic impact on a small 

entities. Nonetheless, the Commission 

specifically requests comment on the 

impact this proposed Questionnaire 

may have on small entities. 

Nonetheless, the Commission 

specifically requests comment on the 

impact this proposed Questionnaire 

may have on small entities—New 

Collection—3038.XXXX. 

B. Paperwork Reduction Act 

When publishing a proposed 

questionnaire, the Paperwork Reduction 

Act of 1995 4 imposes certain 

requirements on federal agencies 

(including the Commission) in 

connection with their conducting or 

sponsoring any collection of 

information as defined by the 

Paperwork Reduction Act. In 

compliance with the Act, the 

Commission, through this Questionnaire 

proposal, solicits comments to: (1) 

Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including the 

validity of the methodology and 

assumptions used; (2) evaluate the 

accuracy of the agency’s estimate of the 

burden of the proposed collection of 

information including the validity of the 

methodology and assumptions used; (3) 

enhance the quality, utility, and clarity 

of the information to be collected; and 

(4) minimize the burden of the 

collection of the 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. 

The Commission has submitted this 

proposed Questionnaire and its 

associated information collection 

requirements to the Office of 

Management and Budget. The burden 

associated with this entire New 

Collection—3038–XXXX—including 

this proposed Questionnaire, is as 

follows: 

Average burden hours per response: 

One hour/question. 

Number of questions: 13. 

Number of respondents: 13. 

Frequency of response: Annually. 

Persons wishing to comment on the 

estimated paperwork burden associated 

with this proposed Questionnaire 

should contact the Desk Officer, CFTC, 

Office of Management and Budget, 

Room 10202, NEOB, Washington, DC 

20503, (202) 395–7340. Copies of the 

information collection submission to 

OMB are available from the CFTC 

Clearance Officer, 1155 21st Street, 

NW., Washington DC 20581, (202) 418– 

5160. 

Dated: February 4, 2010. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2010–2821 Filed 2–9–10; 8:45 am] 

BILLING CODE P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: Wednesday, February 10, 

2010, 2–4 p.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway, 

Bethesda, Maryland. 

STATUS: Closed to the Public. 

MATTER TO BE CONSIDERED: 

Compliance Weekly Report— 

Commission Briefing 

The staff will brief the Commission on 

various compliance matters. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814 (301) 

504–7923. 

Dated: February 2, 2010. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2010–2809 Filed 2–9–10; 8:45 am] 

BILLING CODE 6355–01–M 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meetings 

Time and Date: Wednesday, February 

10, 2010, 9 a.m.–12 Noon. 

Place: Hearing Room 420, Bethesda 

Towers, 4330 East-West Highway, 

Bethesda, Maryland. 

Status: Open to the Public— 

Commission Briefing. 

Matter To Be Considered: 

Unblockable Drains/Minimum State 

Requirements for Grants/Public 

Accommodations-Virginia Graeme 

Baker Pool and Spa Safety Act. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

Contact Person for More Information: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East-West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: February 2, 2010. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2010–2811 Filed 2–9–10; 8:45 am] 

BILLING CODE 6355–01–M 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DoD–2010–OS–0015] 

Proposed Collection; Comment 

Request 

AGENCY: Office of the Deputy Under 

Secretary of Defense (Industrial Policy), 

DoD. 

ACTION: Notice. 

In compliance with Section 

3506(c)(2)(A) of the Paperwork 

Reduction Act of 1995, the Office of the 

Deputy Under Secretary of Defense 

(Industrial Policy) announces a 

proposed new public information 

collection and seeks public comment on 

the provisions thereof. Comments are 

invited on: (a) Whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed information collection; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the information collection on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

DATES: Consideration will be given to all 

comments received by April 12, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name, docket 

number and title for this Federal 


sroberts on DSKD5P82C1PROD with NOTICES