37988 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 

1 74 FR 28028 (June 12, 2009). 

2 Incorporated as Title XIII of the Food, 

Conservation and Energy Act of 2008, Public Law 

No. 110–246, 122 Stat. 1624 (June 18, 2008). 

3 74 FR 12178 (Mar. 23, 2009); these rules became 

effective on April 22, 2009. 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act; Notice of Meeting 

TIME AND DATE: 11 a.m., Friday, August 

14, 2009. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: 

Surveillance Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. E9–18347 Filed 7–28–09; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act; Notice of Meeting 

TIME AND DATE: 11 a.m., Friday, August 

28, 2009. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: 

Surveillance Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. E9–18346 Filed 7–28–09; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act; Notice of Meeting 

TIME AND DATE: 11 a.m., Friday, August 

7, 2009. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: 

Surveillance Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. E9–18340 Filed 7–28–09; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Order Finding That the ICE Henry 

Financial LD1 Fixed Price Contract 

Traded on the 

IntercontinentalExchange, Inc., 

Performs a Significant Price Discovery 

Function 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final order. 

SUMMARY: On June 12, 2009, the 

Commodity Futures Trading 

Commission (‘‘CFTC’’ or 

‘‘Commission’’) published for comment 

in the Federal Register 1 a notice of its 

intent to undertake a determination 

whether the Henry Financial LD1 Fixed 

Price contract, traded on the 

IntercontinentalExchange, Inc. (‘‘ICE’’), 

an exempt commercial market (‘‘ECM’’) 

under sections 2(h)(3)–(5) of the 

Commodity Exchange Act (‘‘CEA’’ or the 

‘‘Act’’), performs a significant price 

discovery function pursuant to section 

2(h)(7) of the CEA. The Commission 

undertook this review based upon an 

initial evaluation of information and 

data provided by ICE as well as a 

Commission report on ECMs. The 

Commission has reviewed public 

comments and the entire record in this 

matter and has determined to issue an 

order finding that the ICE Henry 

Financial LD1 Fixed Price contract 

performs a significant price discovery 

function. Authority for this action is 

found in section 2(h)(7) of the CEA and 

Commission rule 36.3(c) promulgated 

thereunder. 

DATES: Effective date: [date of 

underlying order]. 

FOR FURTHER INFORMATION CONTACT: 

Gregory K. Price, Industry Economist, 

Division of Market Oversight, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. Telephone: (202) 418–5515. Email: gprice@cftc.gov; or Susan Nathan, 

Senior Special Counsel, Division of 

Market Oversight, same address. 

Telephone: (202) 418–5133. E-mail: 

snathan@cftc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The CFTC Reauthorization Act of 

2008 (‘‘Reauthorization Act’’) 2

significantly broadened the CFTC’s 

regulatory authority with respect to 

ECMs by creating, in section 2(h)(7) of 

the CEA, a new regulatory category— 

ECMs on which significant price 

discovery contracts (‘‘SPDCs’’) are 

traded—and treating ECMs in that 

category as registered entities under the 

CEA. The legislation authorizes the 

CFTC to designate an agreement, 

contract or transaction as a SPDC if the 

Commission determines, under criteria 

established in section 2(h)(7), that it 

performs a significant price discovery 

function. When the Commission makes 

such a determination, the ECM on 

which the SPDC is traded must assume, 

with respect to that contract, all the 

responsibilities and obligations of a 

registered entity under the Act and 

Commission regulations, and must 

comply with nine core principles 

established by new section 2(h)(7)(C). 

On March 16, 2009, the CFTC 

promulgated final rules implementing 

the provisions of the Reauthorization 

Act.3 As relevant here, rule 36.3 

imposes increased information reporting 

requirements on ECMs to assist the 

Commission in making prompt 

assessments whether particular ECM 

contracts may be SPDCs. In addition to 

filing quarterly reports of its contracts, 

an ECM must notify the Commission 

promptly concerning any contract 

traded in reliance on the exemption in 

section 2(h)(3) of the CEA that averaged 

five trades per day or more over the 

most recent calendar quarter, and for 

which the exchange sells its price 

information regarding the contract to 

market participants or industry 

publications, or whose daily closing or 

settlement prices on 95 percent or more 

of the days in the most recent quarter 

were within 2.5 percent of the 

contemporaneously determined closing, 

settlement or other daily price of 

another contract. 

Commission rule 36.3(c)(3) 

established the procedures by which the 

Commission makes and announces its 

determination whether a particular ECM 

contract serves a significant price 

discovery function. Under those 

procedures, the Commission will 

publish notice in the Federal Register 

that it intends to undertake a 

determination whether the specified 

agreement, contract or transaction 

performs a significant price discovery 

function and to receive written views, 

data and arguments relevant to its 

determination from the ECM and other 

interested persons. The Commission 

will, within a reasonable period of time 

after the close of the comment period, 

consider all relevant information and 


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Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 37989 

4Public Law 110–246 at 13203; Joint Explanatory 

Statement of the Committee of Conference, H.R. 

Rep. No. 110–627, 110 Cong., 2d Sess. 978, 986 

(Conference Committee Report). See also 73 FR 

75888, 75894 (Dec. 12, 2008). 

5For an initial SPDC, ECMs have a grace period 

of 90 calendar days from the issuance of a SPDC 

determination order to submit a written 

demonstration of compliance with the applicable 

core principles. For subsequent SPDCs, ECMs have 

a grace period of 30 calendar days to demonstrate 

core principle compliance. 

6The Commission’s Part 36 rules establish, 

among other things, procedures by which the 

Commission makes and announces its 

determination whether a specific ECM contract 

serves a significant price discovery function. Under 

those procedures, the Commission publishes a 

notice in the Federal Register that it intends to 

undertake a determination whether a specified 

agreement, contract or transaction performs a 

significant price discovery function and to receive 

written data, views and arguments relevant to its 

determination from the ECM and other interested 

persons. 

7The comment letters are available on the 

Commission’s Web site: http://www.cftc.gov/ 

lawandregulation/federalregister/ 

federalregistercomments/2009/09-007.html. 8 17 CFR 36, Appendix A. 

issue an order announcing and 

explaining its determination. The 

issuance of an affirmative order triggers 

the effectiveness of the Commission’s 

regulatory authorities with respect to an 

ECM with a SPDC; at that time, such an 

ECM becomes subject to all provisions 

of the CEA applicable to registered 

entities.4 The issuance of such an order 

also triggers the obligations, 

requirements and timetables prescribed 

in Commission rule 36.3(c)(4).5

II. Notice of Intent To Undertake SPDC 

Determination 

On June 12, 2009, the Commission 

published in the Federal Register notice 

of its intent to undertake a 

determination whether the ICE Henry 

Financial LD1 Fixed Price contract 

performs a significant price discovery 

function, and requested comment from 

interested parties. 6 Comments were 

received from the American Public Gas 

Association (‘‘APGA’’); the Steel 

Manufacturer’s Association and East 

Texas Electric Cooperative (collectively, 

‘‘SMA/ETEC’’); and the CME Group.7

The comments are more extensively 

discussed below in the Findings and 

Conclusion Section. 

III. Section 2(h)(7) of the CEA 

The Commission is directed by 

section 2(h)(7) of the CEA to consider 

the following factors in determining 

whether a contract performs a 

significant price discovery function: 

• Price Linkage—the extent to which 

the agreement, contract or transaction 

uses or otherwise relies on a daily or 

final settlement price, or other major 

price parameter, of a contract or 

contracts listed for trading on or subject 

to the rules of a designated contract 

market (‘‘DCM’’) or derivatives 

transaction execution facility (‘‘DTEF’’), 

or a SPDC traded on an electronic 

trading facility, to value a position, 

transfer or convert a position, cash or 

financially settle a position, or close out 

a position. 

• Arbitrage—the extent to which the 

price for the agreement, contract or 

transaction is sufficiently related to the 

price of a contract or contracts listed for 

trading on or subject to the rules of a 

designated DCM or DTEF, or a SPDC 

traded on or subject to the rules of an 

electronic trading facility, so as to 

permit market participants to effectively 

arbitrage between the markets by 

simultaneously maintaining positions or 

executing trades in the contracts on a 

frequent and recurring basis. 

• Material price reference—the extent 

to which, on a frequent and recurring 

basis, bids, offers or transactions in a 

commodity are directly based on, or are 

determined by referencing, the prices 

generated by agreements, contracts or 

transactions being traded or executed on 

the electronic trading facility. 

• Material liquidity—the extent to 

which the volume of agreements, 

contracts or transactions in a 

commodity being traded on the 

electronic trading facility is sufficient to 

have a material effect on other 

agreements, contracts or transactions 

listed for trading on or subject to the 

rules of a DCM, DTEF or electronic 

trading facility operating in reliance on 

the exemption in section 2(h)(3). 

Not all factors must be present to 

support a determination that a 

particular contract performs a 

significant price discovery function. 

Moreover, the statutory language neither 

prioritizes the factors nor specifies the 

degree to which a SPDC must conform 

to the various factors. In Guidance 

issued in connection with the Part 36 

rules governing ECMs with SPDCs, the 

Commission observed that these factors 

do not lend themselves to a mechanical 

checklist or formulaic analysis. 

Accordingly, the Commission has 

indicated that in making its 

determinations it will consider the 

circumstances under which the 

presence of a particular factor, or 

combination of factors, would be 

sufficient to support a SPDC 

determination.8 For example, for 

contracts that are linked to other 

contracts or that may be arbitraged with 

other contracts, the Commission will 

consider whether the price of the 

potential SPDC moves in such harmony 

with the other contract that the two 

markets essentially become 

interchangeable. This co-movement of 

prices would be an indication that 

activity in the contract had reached a 

level sufficient for the contract to 

perform a significant price discovery 

function. 

IV. Findings and Conclusions 

The ICE Henry Financial LD1 Fixed 

Price contract is cash settled based on 

the final settlement price of the New 

York Mercantile Exchange’s (‘‘NYMEX’’) 

physically-delivered Henry Hub-based 

Natural Gas futures contract for the 

corresponding contract month. The 

trading unit of the ICE Henry Financial 

LD1 Fixed Price contract is 2,500 

mmBtu multiplied by the number of 

calendar days in the contract month. For 

example, if a contract month has 30 

days, the trading unit is 75,000 mmBtu, 

which is referred to as 30 lots. 

Based on data provided in connection 

with the quarterly notification required 

by Commission rule 36.3(c)(2), this 

contract realized more than an average 

of five trades per day during the first 

quarter of 2009. In addition, the average 

volume of natural gas traded each 

business day during that period was 

449,010 contracts; the open interest in 

the contract as of March 31, 2009 was 

2,932,798 contracts. 

Based on these contract features and 

trading data, the ICE Henry Financial 

LD1 Fixed Price contract satisfies the 

material liquidity, price linkage and 

arbitrage criteria for a SPDC. The very 

high average daily trading volume 

indicates that the contract is relatively 

liquid. With regard to the price linkage 

and arbitrage tests, the ICE Henry 

Financial LD1 Fixed Price contract and 

NYMEX’s physically-delivered Natural 

Gas futures contract have the same final 

settlement prices, and ICE uses 

NYMEX’s forward settlement curve 

when conducting its mark-to-market 

accounting procedures to settle the 

contract on a daily basis. 

In evaluating the ICE Henry Financial 

LD1 Fixed Price contract, the 

Commission also has the benefit of a 

recent study focused on price discovery 

contracts on ECMs. The Commission’s 

October 2007 Report on the Oversight of 

Trading on Regulated Futures 

Exchanges and Exempt Commercial 

Markets (‘‘ECM Study’’) stated that 

traders and voice brokers view the 

instant ICE contract as economically 

equivalent to the NYMEX physicallydelivered Natural Gas futures contract. 

The ICE and NYMEX contracts 

essentially comprise a single market for 

natural gas derivatives trading, and 

traders look to both the ICE and the 

NYMEX when determining where to 


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37990 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 

9APGA members note that in general the written 

cash market contracts that they enter into reference 

the NYMEX price, as does the ICE Henry Financial 

LD1 Fixed Price contract itself. While the cash 

contracts commonly do not explicitly reference the 

ICE contract as the settlement price, APGA states 

that it is common market practice for dealers to 

provide cash market price quotes based upon the 

ICE Henry Financial LD1 Fixed Price contract. With 

respect to material price reference, while it 

appreciates the anecdotal information provided by 

both APGA and CME Group, the Commission has 

not reached a conclusion with respect to this factor. 

10As noted above, the Commission has not 

reached a conclusion with respect to the material 

price reference factor. 

11See 73 FR 75888, 75893 (Dec. 12, 2008). 

12This Order determining that the ICE Henry 

Financial LD1 Fixed Price contract is a SPDC 

represents the first time the Commission has 

determined that one of ICE’s contracts performs a 

significant price discovery function. Accordingly, 

ICE must, within 90 calendar days of the date of 

this Order, submit to the Commission a written 

demonstration of compliance with the section 

2(h)(7) core principles. 

13 44 U.S.C. 3507(d). 

14 7 U.S.C. 19(a). 

execute a trade at the best price. The 

ECM Study also reported that the ICE 

natural gas contract acts as a price 

discovery market. 

The statements provided by APGA 

and CME provide additional support for 

the Commission’s findings. APGA, the 

national association for publicly-owned 

natural gas distribution systems, states 

that its members report that the prices 

on the ICE and NYMEX contracts have 

an ongoing, linked relationship that 

extends not only to the linked 

settlement price but to prices between 

the two contracts throughout the trading 

day. Its members report that the prices 

of both markets are substantially the 

same and move in tandem, and that 

counterparties use either market 

interchangeably as a basis for quoting 

prices. This linkage, in APGA’s view, 

makes possible arbitrage trading 

between the two markets. With respect 

to material price reference, APGA 

observes that the ICE contract is 

routinely used as a means by which 

cash market prices are referenced.9

Finally, APGA states that whether or not 

its members trade the ICE contract, they 

are of the opinion that they would be 

able to execute substantial orders 

without having an impact on the market 

price through the transaction. 

CME Group opines that the Henry 

Financial LD1 Fixed Price contract 

readily satisfies all four of section 

2(h)(7)’s criteria as explained in the 

Appendix A Guidance. It notes that 

when trading in the Henry Financial 

LD1 Fixed Price contract is viewed in 

the context of the relevant competing 

contracts at NYMEX, including both 

financially-settled and physicallysettled contracts, ICE’s contract had a 40 

percent market share of that trading 

activity—easily satisfying the standards 

for material liquidity. As to price 

linkage, CME Group observes that the 

ICE Henry Financial LD1 Fixed Price 

contract continues to have the same 

settlement price as the NYMEX natural 

gas contract; with regard to final 

settlement, the product specifications 

for the ICE contract explicitly provide 

for final settlement to be equal to the 

final settlement price of the NYMEX 

natural gas futures contract. Thus, in 

CME’s opinion there appears to be little 

chance that the ICE contract will deviate 

from the NYMEX settlement price for 

final settlement. With respect to 

arbitrage, CME Group offers anecdotal 

information indicating a strong and 

active arbitrage between the two 

contracts. Finally, CME Group observes 

that the ICE Henry Financial LD1 Fixed 

Price contract satisfies the statutory 

standard for material price reference, as 

ICE itself relies on the settlement prices 

generated by NYMEX for its own 

settlement prices in the contract, rather 

than on prices generated by its own 

system. Moreover, CME Group notes its 

understanding that ICE has for several 

years been selling its price information 

for this contract to interested persons.10

SMA/ETEC supports recognition of 

the Henry Financial LD1 Fixed Price 

contract as a SPDC; the bulk of its 

comment letter, however, focuses on 

issues beyond the narrow scope of the 

instant action, which is to determine 

whether the ICE contract performs a 

significant price discovery function. For 

instance, SMA/ETEC advocates 

subjecting all natural gas investment 

vehicles to aggregate position limits and 

discusses the Commission’s proposed 

limited risk management exemption. 

After considering the entire record in 

this matter, including the ECM Study 

and the comments received, the 

Commission has determined that the 

ICE Henry Financial LD1 Fixed Price 

contract performs a significant price 

discovery function under the material 

liquidity, price linkage and arbitrage 

criteria established in section 2(h)(7) of 

the CEA. 

The issuance of this order triggers the 

immediate effectiveness of the 

Commission’s authorities with respect 

to ICE as a registered entity in 

connection with its Henry Financial 

LD1 Fixed Price contract,11 and triggers 

the obligations, requirements—both 

procedural and substantive—and 

timetables prescribed in Commission 

rule 36.3(c)(4) for ECMs.12

IV. Related Matters 

A. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(‘‘PRA’’) 13 imposes certain 

requirements on Federal agencies, 

including the Commission, in 

connection with their conducting or 

sponsoring any collection of 

information as defined by the PRA. 

Certain provisions of Commission rule 

36.3 impose new regulatory and 

reporting requirements on ECMs, 

resulting in information collection 

requirements within the meaning of the 

PRA. OMB previously has approved and 

assigned OMB control number 3038– 

0060 to this collection of information. 

B. Cost-Benefit Analysis 

Section 15(a) of the CEA 14 requires 

the Commission to consider the costs 

and benefits of its actions before issuing 

an order under the Act. By its terms, 

section 15(a) does not require the 

Commission to quantify the costs and 

benefits of an order or to determine 

whether the benefits of the order 

outweigh its costs; rather, it requires 

that the Commission ‘‘consider’’ the 

costs and benefits of its actions. Section 

15(a) further specifies that the costs and 

benefits shall be evaluated in light of 

five broad areas of market and public 

concern: (1) Protection of market 

participants and the public; (2) 

efficiency, competitiveness and 

financial integrity of futures markets; (3) 

price discovery; (4) sound risk 

management practices; and (5) other 

public interest considerations. The 

Commission may in its discretion give 

greater weight to any one of the five 

enumerated areas and could in its 

discretion determine that, 

notwithstanding its costs, a particular 

order is necessary or appropriate to 

protect the public interest or to 

effectuate any of the provisions or 

accomplish any of the purposes of the 

Act. The Commission has considered 

the costs and benefits of this Order in 

light of the specific provisions of section 

15(a) of the Act and has concluded that 

this Order, which strengthens Federal 

oversight of the ECM and helps to 

prevent market manipulation, is 

necessary and appropriate to 

accomplish the purposes of section 

2(h)(7) of the Act. 

When a futures contract begins to 

serve a significant price discovery 

function, that contract, and the ECM on 

which it is traded, warrants increased 

oversight to deter and prevent price 

manipulation and other disruptions to 


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Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 37991 

market integrity, both on the ECM itself 

and in any related futures contracts 

trading on designated contract markets 

(‘‘DCMs’’). An Order finding that a 

particular contract is a SPDC triggers 

this increased oversight and imposes 

obligations on the ECM calculated to 

accomplish this goal. The increased 

oversight engendered by the issuance of 

a SPDC Order increases transparency 

and helps to ensure fair competition 

among ECMs and DCMs trading similar 

products and competing for the same 

business. Moreover, the ECM on which 

the SPDC is traded must assume, with 

respect to that contract, all the 

responsibilities and obligations of a 

registered entity under the CEA and 

Commission regulations. Additionally, 

the ECM must comply with nine core 

principles established by section 2(h)(7) 

of the Act—including the obligation to 

establish position limits and/or 

accountability standards for the SPDC. 

Amendments to section 4(i) of the CEA 

authorize the Commission to require 

large trader reports for SPDCs listed on 

ECMs. These increased ECM 

responsibilities, along with the CFTC’s 

increased regulatory authority, subject 

the ECM’s risk management practices to 

the Commission’s supervision and 

oversight and generally enhance the 

financial integrity of the markets. 

V. Order 

After considering the complete record 

in this matter and the comment letters 

received in response to its request for 

comments, the Commission has 

determined to issue the following: 

Order 

The Commission, pursuant to its 

authority under section 2(h)(7) of the 

Act, hereby determines that the ICE 

Henry Financial LD1 Fixed Price 

contract satisfies the statutory material 

liquidity, price linkage and arbitrage 

criteria for a significant price discovery 

contract. Consistent with this 

determination, and effective 

immediately, IntercontinentalExchange, 

Inc., shall be and is considered a 

registered entity with respect to the 

Henry Financial LD1 Fixed Price 

contract and is subject to all the 

provisions of the Commodity Exchange 

Act applicable to registered entities. 

Further, the obligations, requirements 

and timetables prescribed in 

Commission rule 36.3(c)(4) governing 

core principle compliance by 

IntercontinentalExchange, Inc. 

commence with the issuance of this 

Order. 

Issued in Washington, DC, on July 24, 

2009, by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. E9–18159 Filed 7–29–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0145] 

Federal Acquisition Regulation; 

Submission for OMB Review; Use of 

Data Universal Numbering System 

(DUNS) as Primary Contractor 

Identification 

AGENCY: Department of Defense (DOD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Notice of request for public 

comments regarding an extension to an 

existing OMB clearance (9000–0145). 

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 

concerning use of data universal 

numbering system (DUNS) as primary 

contractor identification. The Data 

Universal Numbering System (DUNS) 

number is the nine-digit identification 

number assigned by Dun and Bradstreet 

Information Services to an 

establishment. A request for public 

comments was published in the Federal 

Register at 74 FR 18719 on April 24, 

2009. 

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 

August 31, 2009. 

ADDRESSES: Submit comments regarding 

this burden estimate or any other aspect 

of this collection of information, 

including suggestions for reducing this 

burden to the General Services 

Administration, Regulatory Secretariat 

(VPR), 1800 F Street, NW., Room 4041, 

Washington, DC 20405. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ernest Woodson, Contract Policy 

Division, GSA, (202) 501–3775 or via email at Ernest.woodson@gsa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Purpose 

The Data Universal Numbering 

System (DUNS) number is the nine-digit 

identification number assigned by Dun 

and Bradstreet Information Services to 

an establishment. The Government uses 

the DUNS number to identify 

contractors in reporting to the Federal 

Procurement Data System (FPDS). The 

FPDS provides a comprehensive 

mechanism for assembling, organizing, 

and presenting contract placement data 

for the Federal Government. Federal 

agencies report data on all contracts in 

excess of the micro-purchase threshold 

to the Federal Procurement Data Center 

which collects, processes, and 

disseminates official statistical data on 

Federal contracting. Contracting officers 

insert the Federal Acquisition 

Regulation (FAR) provision at 52.204–6, 

Data Universal Numbering System 

(DUNS) Number, in solicitations they 

expect will result in contracts in excess 

of the micro-purchase threshold and do 

not contain FAR 52.204–7, Central 

Contractor Registration. This provision 

requires offerors to submit their DUNS 

number with their offer. If the offeror 

does not have a DUNS number, the 

provision provides instructions on 

obtaining one. 

C. Annual Reporting Burden 

Respondents: 35,694. 

Responses per Respondent: 4.00. 

Annual Responses: 142,776. 

Hours per Response: .0200 

(Averaged). 

Total Burden Hours: 2,852. 

Obtaining Copies of Proposals: 

Requesters may obtain a copy of the 

information collection documents from 

the General Services Administration, 

Regulatory Secretariat (VPR), 1800 F 

Street, Room 4041, NW., Washington, 

DC 20405, telephone (202) 501–4755. 

Please cite OMB Control Number 9000– 

0145, Use of Data Universal Numbering 

System (DUNS) as Primary Contractor 

Identification, in all correspondence. 


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