54792 Federal Register / Vol. 71, No. 181 / Tuesday, September 19, 2006 / Proposed Rules 

the Commission as benefiting efficiency 

and not impacting competition. 

3. Financial integrity of futures 

markets and price discovery. The 

proposed amendment should have no 

effect, from the standpoint of imposing 

costs or creating benefits, on the 

financial integrity of futures markets or 

the price discovery function of such 

markets. 

4. Sound risk management practices. 

The proposed amendment should have 

no effect, from the standpoint of 

imposing costs or creating benefits, on 

sound risk management practices. 

5. Other public interest 

considerations. The Commission 

believes that the proposed regulation 

requiring electronic filing for the 

submission by IBs of certified Forms 1–

FR, and the requirement that IBs filing 

certified FOCUS Reports comply with 

NFA instructions as to filing in paper 

form or electronically, is beneficial in 

that it should streamline the timeliness 

of delivery and electronic accessibility 

of such reports, and permit NFA to 

retain such reports in a more 

streamlined and accessible manner. 

After considering these factors, the 

Commission has determined to propose 

the amendments discussed above. The 

Commission invites public comment on 

its application of the cost-benefit 

provision. Commenters also are invited 

to submit any data that they may have 

quantifying the costs and benefits of the 

proposal with their comment letters. 

List of Subjects in 17 CFR Part 1 

Brokers, Commodity futures, 

Reporting and recordkeeping 

requirements. 

Accordingly, 17 CFR part 1 is 

proposed to be amended as follows: 

PART 1—GENERAL REGULATIONS 

UNDER THE COMMODITY EXCHANGE 

ACT 

1. The authority citation for part 1 

continues to read as follows: 

Authority: 7 U.S.C. 1a, 2, 5, 6, 6a, 6b, 6c, 

6d, 6e, 6f, 6g, 6h, 6i, 6j, 6k, 6l, 6m, 6n, 6o, 

6p, 7, 7a, 7b, 8, 9, 12, 12a, 12c, 13a, 13a-1, 

16, 16a, 19, 21, 23, and 24, as amended by 

the Commodity Futures Modernization Act of 

2000, Appendix E of Pub. L. 106–554, 114 

Stat. 2763 (2000). 

2. Section 1.10 is proposed to be 

amended by: 

a. Revising paragraph (b)(2)(iii); 

b. Revising paragraph (d)(4)(ii); 

c. Adding paragraph (d)(4)(iii); and 

d. Revising paragraph (h), to read as 

follows: 

§ 1.10 Financial reports of futures 

commission merchants and introducing 

brokers. 

* * * * * 

(b) * * * 

(2) * * * 

(iii) A Form 1–FR required to be 

certified by an independent public 

accountant in accordance with § 1.16 

which is filed by a futures commission 

merchant or applicant for registration as 

a futures commission merchant must be 

filed in paper form and may not be filed 

electronically. A Form 1–FR required to 

be certified by an independent public 

accountant in accordance with § 1.16 

which is filed by an introducing broker 

or applicant for registration as an 

introducing broker must be filed 

electronically in accordance with NFA’s 

electronic filing procedures, and a paper 

copy of such filing with the original 

manually signed certification must be 

maintained by such introducing broker 

or applicant in accordance with § 1.31. 

* * * * * 

(d) * * * 

(4) * * * 

(ii) If the registrant or applicant is 

registered with the Securities and 

Exchange Commission as a securities 

broker or dealer, the representative 

authorized under § 240.17a–5 of this 

title to file for the securities broker or 

dealer its Financial and Operational 

Combined Uniform Single Report under 

the Securities Exchange Act of 1934, 

Part II, Part IIA, or Part II CSE. 

(iii) In the case of a Form 1–FR filed 

via electronic transmission in 

accordance with procedures established 

or approved by the Commission, such 

transmission must be accompanied by 

the Personal Identification Number 

assigned under such procedures to the 

authorized signer, and such Personal 

Identification Number will constitute 

and become a substitute for the manual 

signature of the authorized signer for the 

purpose of making the oath or 

affirmation referred to in this paragraph. 

* * * * * 

(h) Filing option available to a futures 

commission merchant or an introducing 

broker that is also a securities broker or 

dealer. Any applicant or registrant 

which is registered with the Securities 

and Exchange Commission as a 

securities broker or dealer may comply 

with the requirements of this section by 

filing (in accordance with paragraphs 

(a), (b), (c), and (j) of this section) a copy 

of its Financial and Operational 

Combined Uniform Single Report under 

the Securities Exchange Act of 1934, 

Part II, Part IIA, or Part II CSE (FOCUS 

Report), in lieu of Form 1–FR; Provided, 

however, That all information which is 

required to be furnished on and 

submitted with Form 1–FR is provided 

with such FOCUS Report; and Provided, 

further, That a certified FOCUS Report 

filed by an introducing broker or 

applicant for registration as an 

introducing broker in lieu of a certified 

Form 1–FR–IB must be filed according 

to NFA rules, either in paper form or 

electronically in accordance with NFA 

electronic filing procedures, and if filed 

electronically, a paper copy of such 

filing with the original manually signed 

certification must be maintained by 

such introducing broker or applicant in 

accordance with § 1.31. 

* * * * * 

3. Section 1.31 is proposed to be 

amended by revising paragraph (d) to 

read as follows: 

§ 1.31 Books and records; keeping and 

inspection. 

* * * * * 

(d) Trading cards, documents on 

which trade information is originally 

recorded in writing, written orders 

required to be kept pursuant to § 1.35(a), 

(a–1)(1), (a–1)(2) and (d), and paper 

copies of electronically filed certified 

Forms 1–FR and FOCUS Reports with 

the original manually signed 

certification must be retained in hardcopy for the required time period. 

* * * * * 

Issued in Washington, DC, on September 

13, 2006 by the Commission. 

Eileen Donovan, 

Acting Secretary of the Commission. 

[FR Doc. 06–7739 Filed 9–18–06; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2006–25767; Formerly CGD09–06–

123] 

Safety Zones; U.S. Coast Guard Water 

Training Areas, Great Lakes 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of public meetings. 

SUMMARY: The Coast Guard will meet to 

discuss issues relating to the proposed 

permanent safety zones located in the 

Great Lakes to conduct live gunnery 

training exercises. The meetings will be 

open to the public. 

DATES: The Coast Guard will hold four 

public meetings as follows: Monday, 

October 16, 2006 in Duluth MN; 

Wednesday October 18, in Grand 


ycherry on PROD1PC64 with PROPOSALS-1
Federal Register / Vol. 71, No. 181 / Tuesday, September 19, 2006 / Proposed Rules 54793 

Haven, MI; Thursday, October 19, 2006, 

in Port Huron/Marysville, MI; Monday, 

October 23, in Cleveland, OH. 

Comments and materials related to 

these public meetings must reach the 

Docket Management Facility on or 

before October 6, 2006. If you are unable 

to attend, you may submit comments to 

the Docket Management Facility by 

November 13, 2006. 

ADDRESSES: You may submit your 

comments and related material by one 

of the following means: 

(1) By mail to the Docket Management 

Facility (USCG–2006–2567), U.S. 

Department of Transportation, room PL–

401, 400 Seventh Street, SW., 

Washington, DC 20590–0001. 

(2) By delivery to room PL–401 on the 

Plaza level of the Nassif Building, 400 

Seventh Street, SW., Washington, DC 

between 9 a.m. and 5 p.m. Monday 

through Friday, except Federal holidays. 

The telephone number is 202–366–

9329. 

(3) By fax to the Docket Management 

Facility at 202–493–2251. 

(4) Electronically through the Web 

site for the Docket Management System 

at http://dms.dot.gov. 

The Docket Management Facility 

maintains the public docket for the 

rulemaking. Comments and material 

received from the public will become 

part of this docket and will be available 

for inspection or copying at room PL–

401, located on the Plaza level of the 

Nassif Building at the same address 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You may electronically access the 

public docket on the internet at http:// 

dms.dot.gov. 

Electronic forms of all comments 

received into any of our dockets can be 

searched by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor unit, etc.) 

and is open to the public without 

restriction. You may review the 

Department of Transportation’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78), or you may visit 

http://dms.dot.gov/. 

FOR FURTHER INFORMATION CONTACT: For 

further information concerning this 

notice and the public meeting, contact 

Commander Gustav Wulfkuhle, Chief 

Enforcement Branch, Ninth Coast Guard 

District, Cleveland, Ohio at (216) 902–

6091. If you have any questions on 

viewing or submitting material to the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–493–0402. 

SUPPLEMENTARY INFORMATION: 

Public Meetings 

The Coast Guard will hold four public 

meetings as follows: Monday, October 

16, 2006 in Duluth MN; Wednesday 

October 18, in Grand Haven, MI; 

Thursday, October 19, 2006, in Port 

Huron/Marysville, MI; Monday, October 

23, in Cleveland, OH. These meetings 

will be held to take comments regarding 

the proposed Safety Zones; U.S. Coast 

Guard Water Training Areas, Great 

Lakes, published on August 1, 2006, in 

the Federal Register at 71 FR 43402. 

Specific times, locations and additional 

information for the public meetings will 

be announced in a subsequent notice in 

the Federal Register. 

The Coast Guard encourages 

interested persons to submit written 

data, views, or comments. Persons 

submitting comments should please 

include their name and address and 

identify the docket number (USCG–

2006–25767). You may submit your 

comments and material by mail, hand 

delivery, fax or electronic means to the 

Docket Management Facility at the 

address under ADDRESSES. 

Regulatory History 

On August 1, 2006, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) (71 FR 43402) to 

establish permanent safety zones 

throughout the Great Lakes to conduct 

live fire gun exercises. The initial 

comment period for this NPRM ended 

on August 31, 2006. In response to 

public requests, the Coast Guard reopened the comment period on this 

NPRM. (71 FR 53629, September 12, 

2006) Re-opening the comment period 

from September 12, 2006 to November 

13, 2006, provides the public more time 

to submit comments and 

recommendations. 

Background and Propose 

These safety zones are necessary to 

protect vessels and people from hazards 

associated with live fire gun exercises. 

Such hazards include projectiles that 

may ricochet and damage vessels and/ 

or cause death or serious bodily harm. 

The thirty-four zones will be located 

throughout the Great Lakes in order to 

accommodate 57 separate Coast Guard 

units. The proposed safety zones are all 

located at least three nautical miles from 

the shoreline. 

Procedural 

The meetings are open to the public. 

Please note that the meetings may close 

early if all business is finished. If you 

are unable to attend, you may submit 

comments to the Docket Management 

Facility at the address under ADDRESSES

by November 13, 2006. 

Information on Services for Individuals 

With Disabilities 

If you plan to attend the public 

meeting and require special assistance, 

such as sign language interpretation or 

other reasonable accommodations, 

please contact us as indicated in FOR

FURTHER INFORMATION CONTACT. 

Dated: September 14, 2006. 

John E. Crowley, Jr., 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District. 

[FR Doc. 06–7783 Filed 9–15–06; 2:03 pm] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–8220–3] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of intent to delete the 

Waverly Groundwater Contamination 

Site (Site) from the National Priorities 

List (NPL). 

SUMMARY: The EPA, Region 7, is issuing 

a notice of intent to delete the Site 

located near Waverly, Nebraska, from 

the NPL and requests public comments 

on this notice of intent. The NPL, 

promulgated pursuant to Section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

found in Appendix B of 40 CFR part 300 

of the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP). The EPA and the State of 

Nebraska through the Nebraska 

Department of Environmental Quality 

(NDEQ) have determined that all 

appropriate response actions under 

CERCLA have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: Comments concerning this site 

must be received by October 19, 2006. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

SFUND–1986–0005, by one of the 

following methods: 

• http://www.regulations.gov—

Follow the on-line instruction for 

submitting comments. 

• E-mail: hirter.fritz@epa.gov. 

• Fax: 913–551–9130 

• Mail: Mr. Fritz Hirter, Community 

Involvement Coordinator, U.S. EPA, 


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