39768 Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Proposed Rules 

collected; and (4) minimize the burden 

of collecting 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 responses. 

OMB is required to make a decision 

concerning the collection of information 

contained in these proposed regulations 

between 30 and 60 days after 

publication of this document in the 

Federal Register. Therefore, a comment 

to OMB is best assured of having its full 

effect if OMB receives it within 30 days 

of publication. This does not affect the 

deadline for the public to comment to 

the Commission on the proposed 

regulations. 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. 

List of Subjects 

17 CFR Part 40 

Commodity futures, Contract markets, 

Designation application, Reporting and 

recordkeeping requirements. 

17 CFR Part 41 

Security futures. 

For the reasons stated in the 

preamble, the Commission proposes to 

amend 17 CFR parts 40 and 41 as 

follows: 

PART 40—PROVISIONS COMMON TO 

CONTRACT MARKETS, DERIVATIVES 

TRANSACTION EXECUTION 

FACILITIES AND DERIVATIVES 

CLEARING ORGANIZATIONS 

1. The authority for part 40 continues 

to read as follows: 

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

8 and 12a, as amended by appendix E of Pub. 

L. 106–554, 114 Stat. 2763A–365. 

2. Section 40.2 is amended by adding 

paragraph (a)(3)(v) to read as follows: 

§ 40.2 Listing products for trading by 

certification. 

(a) * * * 

(3) * * * 

(v) A request for confidential 

treatment as permitted under the 

procedures of § 40.8. 

* * * * * 

3. Section 40.3 is amended by revising 

paragraph (a)(7) to read as follows: 

§ 40.3 Voluntary submission of new 

products for Commission review and 

approval. 

(a) * * * 

(7) Include a request for confidential 

treatment as permitted under the 

procedures of § 40.8. 

* * * * * 

4. Section 40.5 is amended by revising 

paragraph (a)(8) to read as follows: 

§ 40.5 Voluntary submission of rules for 

Commission review and approval. 

(a) * * * 

(8) Include a request for confidential 

treatment as permitted under the 

procedures of § 40.8. 

* * * * * 

5. Section 40.6 is amended by adding 

new paragraph (a)(3)(vi) to read as 

follows: 

§ 40.6 Self-certification of rules by 

designated contract markets and registered 

derivatives clearing organizations. 

(a) * * * 

(3) * * * 

(vi) A request for confidential 

treatment as permitted under the 

procedures of § 40.8. 

* * * * * 

6. Section 40.8 is amended by adding 

new paragraphs (c) and (d) to read as 

follows: 

§ 40.8 Availability of public information. 

* * * * * 

(c) A registered entity’s filing of new 

products under the self-certification 

procedures, new products for 

Commission review and approval, new 

rules and rule amendments for 

Commission review and approval, and 

new rules and rule amendments 

submitted under the self-certification 

procedures will be treated as public 

information unless covered by a request 

for confidential treatment. If a registered 

entity files a request for confidential 

treatment, the procedures in § 145.9 of 

this chapter shall apply with the 

following exceptions: 

(1) A detailed written justification of 

the confidential treatment request must 

be filed simultaneously with the request 

for confidential treatment; 

(2) The material deemed confidential 

must be segregated in an appendix to 

the submission; and 

(3) Commission staff may make an 

initial determination with respect to the 

request for confidential treatment before 

receiving a request under the Freedom 

of Information Act for the material for 

which confidential treatment is being 

sought. 

(d) A registered entity’s filing 

regarding a product’s terms and 

conditions and the mechanisms for 

executing transactions on or through the 

facilities of the contract market will be 

made publicly available at the time of 

submission and requests for confidential 

treatment covering this information will 

be denied. 

PART 41—SECURITY FUTURES 

PRODUCTS 

7. The authority citation for part 41 

continues to read as follows: 

Authority: Sections 206, 251 and 252, Pub. 

L. 106–554, 114 Stat. 2763, 7 U.S.C. 1a, 2, 6f, 

6j, 7a–2, 12a; 15 U.S.C. 78g(c)(2). 

8. Section 41.23 is amended by 

adding new paragraph (a)(7) to read as 

follows: 

§ 41.23 Listing of security futures 

products for trading. 

(a) * * * 

(7) Includes a request for confidential 

treatment as permitted under the 

procedures of § 40.8. 

* * * * * 

9. Section 41.24 is amended by 

adding new paragraph (a)(6) to read as 

follows: 

§ 41.24 Rule amendments to security 

futures products. 

(a) * * * 

(6) Includes a request for confidential 

treatment as permitted under the 

procedures of § 40.8. 

* * * * * 

Issued in Washington, DC, on July 17, 2007 

by the Commission. 

Eileen A. Donovan, 

Acting Secretary of the Commission. 

[FR Doc. E7–14103 Filed 7–19–07; 8:45 am] 

BILLING CODE 6351–01–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

22 CFR Part 215 

RIN 0412–AA61 

Privacy Act of 1974, Implementation of 

Exemptions 

AGENCY: United States Agency for 

International Development. 

ACTION: Proposed rule. 

SUMMARY: The United States Agency for 

International Development (USAID) is 

concurrently establishing a new system 

of records pursuant to the provisions of 

the Privacy Act of 1974 (5 U.S.C. 552a), 

entitled the ‘‘Partner Vetting System’’

(PVS). In this proposed rulemaking, 

USAID proposes to exempt portions of 

this system of records from one or more 

provisions of the Privacy Act because of 

criminal, civil, and administrative 

enforcement requirements. 

DATES: Submit comments on or before 

September 18, 2007. 


rwilkins on PROD1PC63 with PROPOSALS
Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Proposed Rules 39769 

ADDRESSES: You may submit comments, 

identified by RIN 0412–AA61, by any of 

the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail: U.S. Agency for International 

Development, Chief Privacy Officer, 

1300 Pennsylvania Avenue NW., Room 

2.12–003, Washington, DC 20523–2120. 

Instructions: All submissions must 

include the title of the proposed action, 

and Regulatory Information Number 

(RIN) for this rulemaking. Please 

include your name, title, organization, 

postal address, telephone number, and 

e-mail address in the text of the 

message. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Denale, Coordinator for 

Counterterrorism, Office of Security, 

United States Agency for International 

Development, Ronald Reagan Building, 

1300 Pennsylvania Avenue, NW., 

Washington, DC 20523 by phone (202) 

712–1264. 

SUPPLEMENTARY INFORMATION: 

A. Background 

In accordance with the Privacy Act of 

1974, 5 U.S.C. 552a, USAID is 

publishing a new system of records 

notice for the Office of Security named 

Partner Vetting System (PVS). The PVS 

will support the vetting of directors, 

officers, or other employees of nongovernmental organizations who apply 

for USAID contracts, grants, cooperative 

agreements or other funding and those 

who apply for registration with USAID 

as Private Voluntary Organizations. The 

information collected from these 

individuals will be used to conduct 

screening to ensure USAID funds and 

USAID-funded activities are not 

purposefully or inadvertently used to 

provide support to entities or 

individuals deemed to be a risk to 

national security. As these individuals 

and organizations are not employees or 

job applicants, nor would they be 

eligible for or require security 

clearances, traditional employment or 

security clearance investigative 

mechanisms are not authorized or 

appropriate for the stated purposes. 

USAID proposes to exempt this 

system, in part, from certain provisions 

of the Privacy Act and to add the PVS 

system to 22 CFR 215.14, Specific 

Exemptions. USAID needs this 

exemption in order to protect 

information related to investigations 

from disclosure to subjects of 

investigations and to protect classified 

information related to the government’s 

national security programs. Specifically, 

the exemptions are required to preclude 

subjects of investigations from 

frustrating the investigative process; to 

avoid disclosure of investigative 

techniques; protect the identities and 

physical safety of confidential 

informants and of law enforcement 

personnel; ensure the Office of 

Security’s ability to obtain information 

from third parties and other sources; 

protect the privacy of third parties; and 

safeguard classified information. 

Aside form the specific protections 

afforded classified information that may 

underpin the screening mechanisms 

involved, USAID must also protect the 

names of organizations and individuals 

within this system. Because the results 

of screening on any particular 

organization or individual may be 

derived from classified and sensitive 

law enforcement and intelligence 

information, USAID cannot confirm or 

deny whether an individual ‘‘passed’’ or 

‘‘failed’’ screening. The nondisclosure of 

the information protects the 

government’s operational 

counterterrorism and 

counterintelligence missions, as well as 

the personal safety of those involved in 

counterterrorism investigations. 

B. Regulatory Planning and Review 

This is not a significant regulatory 

action and, therefore, is not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

C. Regulatory Flexibility Act 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), USAID has 

considered the economic impact of the 

rule and has determined that its 

provisions would not have a significant 

economic impact on a substantial 

number of small entities. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act does 

apply because the proposed changes 

impose information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501 et seq. 

List of Subjects in 22 CFR Part 215 

Freedom of Information, 

Investigations, Privacy. 

For the reasons stated in the 

preamble, the USAID proposes to 

amend 22 CFR part 215 as follows: 

PART 215—REGULATIONS FOR 

IMPLEMENTATION OF PRIVACY ACT 

OF 1974 

1. The authority citation for 22 CFR 

part 215 is revised to read as follows: 

Authority: Pub. L. 93–579, 88 Stat. 1896 (5 

U.S.C. 553, (b), (c) and (e). 

2. Amend § 215.13 by adding 

paragraph (c)(2) to read as follows: 

§ 215.13 General exemptions. 

* * * * * 

(c) * * * 

(2) Partner Vetting System. This 

system is exempt from sections (c)(3) 

and (4); (d); (e) (1), (2), and (3); (e) (4) 

(G), (H), and (I); (e) (5) and (8); (f), (g), 

and (h) of 5 U.S.C. 552a. These 

exemptions are necessary to insure the 

proper functioning of the law 

enforcement activity, to protect 

confidential sources of information, to 

fulfill promises of confidentiality, to 

maintain the integrity of the law 

enforcement procedures, to avoid 

premature disclosure of the knowledge 

of criminal activity and the evidentiary 

bases of possible enforcement actions, to 

prevent interferences with law 

enforcement proceeding, to avoid the 

disclosure of investigative techniques, 

to avoid endangering the law 

enforcement personnel, to maintain the 

ability to obtain candid and necessary 

information, to fulfill commitments 

made to sources to protect the 

confidentiality of information, to avoid 

endangering these sources, and to 

facilitate proper selection or 

continuance of the best applicants or 

persons for a given position or contract. 

Although the primary functions of 

USAID are not of a law enforcement 

nature, the mandate to ensure USAID 

funding is not purposefully or 

inadvertently used to provide support to 

entities or individuals deemed to be a 

risk to national security necessarily 

requires coordination with law 

enforcement and intelligence agencies 

as well as use of their information. Use 

of these agencies’ information 

necessitates the conveyance of these 

other systems exemptions to protect the 

information as stated. 

3. Amend 22 CFR 215.14 by adding 

the heading ‘‘Note to paragraph (c)(5)’’

to the undesignated text at the end of 

the section and paragraph (c)(6) to read 

as follows: 

§ 215.14 Specific exemptions. 

* * * * * 

(c) * * * 

(6) Partner Vetting System. This 

system is exempt under 5 U.S.C. 552a 

(k)(1), (k)(2), and (k)(5) from the 

provision of 5 U.S.C. 552a (c)(3); (d); 


rwilkins on PROD1PC63 with PROPOSALS
39770 Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Proposed Rules 

(e)(1); (e)(4) (G), (H), (I); and (f). These 

exemptions are claimed to protect the 

materials required by executive order to 

be kept secret in the interest of national 

defense of foreign policy, to prevent 

subjects of investigation from frustrating 

the investigatory process, to insure the 

proper functioning and integrity of law 

enforcement activities, to prevent 

disclosure of investigative techniques, 

to maintain the ability to obtain candid 

and necessary information, to fulfill 

commitments made to sources to protect 

the confidentiality of information, to 

avoid endangering these sources, and to 

facilitate proper selection or 

continuance of the best applicants or 

persons for a given position or contract. 

Philip M. Heneghan, 

Chief Privacy Officer. 

[FR Doc. 07–3331 Filed 7–19–07; 8:45 am] 

BILLING CODE 6116–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–143601–06] 

RIN 1545–BG30 

Mortality Tables for Determining 

Present Value; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to notice of proposed 

rulemaking. 

SUMMARY: This document contains 

corrections to notice of proposed 

rulemaking that was published in the 

Federal Register on Tuesday, May 29, 

2007 (72 FR 29456) providing mortality 

tables to be used in determining present 

value or making any computation for 

purposes of applying certain pension 

funding requirements. 

FOR FURTHER INFORMATION CONTACT: 

Bruce Perlin, Lauson C. Green, or Linda 

S.F. Marshall at (202) 622–6090. 

SUPPLEMENTARY INFORMATION: 

Background 

The notice of proposed rulemaking 

(REG–143601–06) that is the subject of 

these corrections is under sections 412, 

430, and 431 of the Internal Revenue 

Code. 

Need for Correction 

As published, the notice of proposed 

rulemaking (REG–143601–06) contains 

errors that may prove to be misleading 

and are in need of clarification. 

Correction of Publication 

Accordingly, the notice of proposed 

rulemaking (REG–143601–06) that was 

the subject of FR Doc. 07–2631 is 

corrected as follows: 

1. On page 29457, column 3, in the 

preamble, line 4 of footnote number 2, 

the language ‘‘XLVII (1995), p. 819. The 

RP–2000 Mortality Table’’ is corrected 

to read ‘‘XLVII (1995), p. 819. The RP–

2000 Mortality Tables’’. 

2. On page 29460, column 3, in the 

preamble, second full paragraph of the 

column, line 7 from the bottom of the 

paragraph, the language ‘‘improvement 

factor is equal to (1—’’ is corrected to 

read ‘‘improvement factor is equal to 

(1–’’. 

§ 1.430(h)(3)–2 [Corrected] 

3. On page 29471, § 1.430(h)(3)–

2(d)(4)(i)(E), column 3, last line of the 

paragraph, the language ‘‘§ 1.430(h)–

1(a)(3)).’’ is corrected to read 

‘‘§ 1.430(h)(3)–1(a)(3)).’’

LaNita Van Dyke, 

Branch Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel (Procedure and 

Administration). 

[FR Doc. E7–13494 Filed 7–19–07; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–144859–04] 

RIN 1545–BD72 

Section 1367 Regarding Open Account 

Debt; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Cancellation of notice of public 

hearing on proposed rulemaking. 

SUMMARY: This document cancels a 

public hearing on proposed regulations 

under section 1367 of the Internal 

Revenue Code relating to the treatment 

of open account debt between S 

corporations and their shareholders. 

DATES: The public hearing, originally 

scheduled for July 31, 2007, at 10 a.m., 

is cancelled. 

FOR FURTHER INFORMATION CONTACT: 

Richard A. Hurst of the Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel 

(Procedure and Administration), at 

Richard.A.Hurst@irscounsel.treas.gov. 

SUPPLEMENTARY INFORMATION: A notice 

of public hearing that appeared in the 

Federal Register on Thursday, April 12, 

2007 (72 FR 18417), announced that a 

public hearing was scheduled for July 

31, 2007, at 10 a.m., in the IRS 

Auditorium, Internal Revenue Building, 

1111 Constitution Avenue, NW., 

Washington, DC. The subject of the 

public hearing is under section 1367 of 

the Internal Revenue Code. 

The public comment period for these 

regulations expired on July 11, 2007. 

The notice of proposed rulemaking and 

notice of public hearing instructed those 

interested in testifying at the public 

hearing to submit a request to speak and 

an outline of the topics to be addressed. 

As of Tuesday, July 17, 2007, no one has 

requested to speak. Therefore, the 

public hearing scheduled for July 31, 

2007, is cancelled. 

LaNita Van Dyke 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. E7–14082 Filed 7–19–07; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–103842–07] 

RIN 1545–BG33 

Qualified Films Under Section 199; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to notice of proposed 

rulemaking. 

SUMMARY: This document contains 

corrections to a notice of proposed 

rulemaking that was published in the 

Federal Register on Thursday, June 7, 

2007 (72 FR 31478). These regulations 

involve the deduction for income 

attributable to domestic production 

activities under section 199 and affect 

taxpayers who produce qualified films 

under section 199(c)(4)(A)(i)(II) and 

(c)(6) and taxpayers who are members of 

an expanded affiliated group under 

section 199(d)(4). 

FOR FURTHER INFORMATION CONTACT: 

Concerning § 1.199–3(k) of the proposed 

regulations, David McDonnell at (202) 

622–3040; Concerning § 1.199–7 of the 

proposed regulations, Ken Cohen (202) 

622–7790 (not toll-free numbers). 

SUPPLEMENTARY INFORMATION: 

Background 

The notice of proposed rulemaking 

(REG–103842–07) that is the subject of 


rwilkins on PROD1PC63 with PROPOSALS