38492 Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Notices 

23 7 U.S.C. 19(a). 

24 5 U.S.C. 601 et seq. 

25 66 FR 42256, 42268 (Aug. 10, 2001). 26 7 U.S.C. 1a(29). 

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 23 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 in light of the 

specific provisions of section 15(a) of 

the Act and has concluded that the 

Order, required by Congress to 

strengthen federal oversight of exempt 

commercial markets and 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 or other disruptions to 

market integrity, both on the ECM itself 

and in any related futures contracts 

trading on 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 issue 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 

reports for SPDCs listed on ECMs. These 

increased 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. 

The Commission has concluded that 

ICE’s SZS contract, which is the subject 

of the attached Order, is not a SPDC; 

accordingly, the Commission’s Order 

imposes no additional costs and no 

additional statutorily or regulatory 

mandated responsibilities on the ECM. 

c. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’) 24 requires that agencies 

consider the impact of their rules on 

small businesses. The requirements of 

CEA section 2(h)(7) and the Part 36 

rules affect exempt commercial markets. 

The Commission previously has 

determined that exempt commercial 

markets are not small entities for 

purposes of the RFA.25 Accordingly, the 

Chairman, on behalf of the Commission, 

hereby certifies pursuant to 5 U.S.C. 

605(b) that this Order, taken in 

connection with section 2(h)(7) of the 

Act and the Part 36 rules, will not have 

a significant impact on a substantial 

number of small entities. 

VI. Order 

Order Relating to the Fuel Oil-180 

Singapore Swap Contract 

After considering the complete record 

in this matter, including 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 Fuel 

Oil-180 Singapore Swap contract, traded 

on the IntercontinentalExchange, Inc., 

does not at this time satisfy the material 

price reference and material liquidity 

criteria for significant price discovery 

contracts. Moreover, under Commission 

Guidance material liquidity alone 

cannot support a significant price 

discovery finding for the Fuel Oil-180 

Singapore Swap contract. 

Consistent with this determination, 

the IntercontinentalExchange, Inc., is 

not considered a registered entity 26

with respect to the Fuel Oil-180 

Singapore Swap contract and is not 

subject to 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 the 

IntercontinentalExchange, Inc., are not 

applicable to the Fuel Oil-180 Singapore 

Swap contract with the issuance of this 

Order. 

This Order is based on the 

representations made to the 

Commission by the 

IntercontinentalExchange, Inc., dated 

July 27, 2009, and November 13, 2009, 

and other supporting material. Any 

material change or omissions in the 

facts and circumstances pursuant to 

which this order is granted might 

require the Commission to reconsider its 

current determination that the Fuel Oil180 Singapore Swap contract is not a 

significant price discovery contract. 

Additionally, to the extent that it 

continues to rely upon the exemption in 

Section 2(h)(3) of the Act, the 

IntercontinentalExchange, Inc., must 

continue to comply with all of the 

applicable requirements of Section 

2(h)(3) and Commission Regulation 

36.3. 

Issued in Washington, DC on June 25, 

2010, by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2010–16209 Filed 7–1–10; 8:45 am] 

BILLING CODE 6351–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: Wednesday, June 30, 

2010, 2 p.m.–3 p.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway, 

Bethesda, Maryland. 

STATUS: Commission Meeting—Open to 

the Public. 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Notices 38493 

MATTERS TO BE CONSIDERED: 

1. Accreditation for Third Party 

Conformity Assessment Bodies for 

Testing for Children’s Products: Carpets 

and Rugs. 

2. Accreditation for Third Party 

Conformity Assessment Bodies for 

Testing for Children’s Products: Vinyl 

Plastic Film. 

A live Webcast of the Meeting can be 

viewed at http://www.cpsc.gov/webcast. 

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: June 25, 2010. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2010–16316 Filed 6–30–10; 4:15 pm] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Board of Regents of the Uniformed 

Services University of the Health 

Sciences 

AGENCY: Uniformed Services University 

of the Health Sciences (USU), DoD. 

ACTION: Quarterly meeting notice. 

SUMMARY: Under the provisions of the 

Federal Advisory Committee Act of 

1972 (5 U.S.C., Appendix, as amended) 

and the Sunshine in the Government 

Act of 1976 (5 U.S.C. 552b, as 

amended), this notice announces a 

meeting of the Board of Regents of the 

Uniformed Services University of the 

Health Sciences on August 3, 2010, in 

Bethesda, MD. 

DATES: The meeting will be held on 

Tuesday, August 3, 2010, from 8 a.m. to 

12 noon (open session) and from 12 

noon to 1:30 p.m. (closed session). 

ADDRESSES: The meeting will be held at 

the Everett Alvarez Jr. Board of Regents 

Room (D 3001), Uniformed Services 

University of the Health Sciences, 4301 

Jones Bridge Road, Bethesda, MD 20814. 

FOR FURTHER INFORMATION CONTACT: 

Janet S. Taylor, Designated Federal 

Official, 4301 Jones Bridge Road, 

Bethesda, MD 20814; telephone 301– 

295–3066. Ms. Taylor can also provide 

base access procedures. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Meeting 

Meetings of the Board of Regents 

assure that USU operates in the best 

traditions of academia. An outside 

Board is necessary for institutional 

accreditation. 

Agenda 

The actions that will take place 

include the approval of minutes from 

the Board of Regents Meeting held May 

14, 2010; acceptance of reports from 

working committees; approval of faculty 

appointments and promotions; and the 

awarding of master’s and doctoral 

degrees in the biomedical sciences and 

public health. The Acting President, 

USU will also present a report. These 

actions are necessary for the University 

to pursue its mission, which is to 

provide outstanding health care 

practitioners and scientists to the 

uniformed services. 

Meeting Accessibility 

Pursuant to Federal statute and 

regulations (5 U.S.C. 552b, as amended, 

and 41 CFR 102–3.140 through 102– 

3.165) and the availability of space, the 

meeting is open to the public from 8 

a.m. to 12 noon. Seating is on a firstcome basis. The closed portion of this 

meeting (from 12 noon to 1:30 p.m.) is 

authorized by 5 U.S.C. 552b(c)(6) as the 

subject matter involves personal and 

private observations. 

Written Statements 

Interested persons may submit a 

written statement for consideration by 

the Board of Regents. Individuals 

submitting a written statement must 

submit their statement to the Designated 

Federal Official (see FOR FURTHER

INFORMATION CONTACT). If such statement 

is not received at least 10 calendar days 

prior to the meeting, it may not be 

provided to or considered by the Board 

of Regents until its next open meeting. 

The Designated Federal Official will 

review all timely submissions with the 

Board of Regents Chairman and ensure 

such submissions are provided to Board 

of Regents Members before the meeting. 

After reviewing the written comments, 

submitters may be invited to orally 

present their issues during the August 

2010 meeting or at a future meeting. 

Dated: June 28, 2010. 

Mitchell S. Bryman, Alternate OSD Federal 

Register Liaison Officer, Department of 

Defense. 

[FR Doc. 2010–16092 Filed 7–1–10; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Federal Advisory Committee; Defense 

Health Board (DHB) Meeting 

AGENCY: Department of Defense (DoD). 

ACTION: Notice of meeting. 

SUMMARY: Pursuant to the Federal 

Advisory Committee Act of 1972 (5 

U.S.C., Appendix as amended), the 

Sunshine in the Government Act of 

1976 (5 U.S.C. 552b, as amended), and 

41 CFR 102–3.150, and in accordance 

with section 10(a)(2) of Public Law, DoD 

announces a meeting of the Defense 

Health Board (DHB) on August 18 and 

19, 2010, in West Point, NY. 

DATES: The meeting will be held on 

August 18 (from 8 a.m. to 5 p.m.) and 

on August 19, 2010 (from 7 a.m. to 

2 p.m.). 

ADDRESSES: The meeting will be held at 

the Thayer Hotel, 674 Thayer Road, 

West Point, NY 10996. 

FOR FURTHER INFORMATION CONTACT: 

Commander Edmond F. Feeks, 

Executive Secretary, Defense Health 

Board, Five Skyline Place, 5111 

Leesburg Pike, Suite 810, Falls Church, 

Virginia 22041–3206, (703) 681–8448, 

ext. 1228, Fax: (703) 681–3317, 

edmond.feeks@tma.osd.mil. 

SUPPLEMENTARY INFORMATION: 

Additional information, agenda updates, 

and meeting registration are available 

online at the Defense Health Board Web 

site, http://www.ha.osd.mil/dhb. 

Purpose of the Meeting 

The purpose of the meeting is to 

address and deliberate pending and new 

Board issues and provide briefings for 

Board members on topics related to 

ongoing Board business. 

Agenda 

August 18, 2010 

8 a.m.–9:15 a.m. (Closed 

Administrative Working Meeting). 

9:30 a.m.–12:45 p.m. (Open Session). 

12:45 p.m.–1:45 p.m. (Closed 

Administrative Working Meeting). 

1:45 p.m.–5 p.m. (Open Session). 

August 19, 2010 

7 a.m.–2 p.m. (Closed Administrative 

Working Meeting). 

Meeting Topics 

On August 18, 2010, the DHB will 

receive briefings on military health 

needs and priorities. The following 

Defense Health Board Subcommittees 

will present updates to the Board: 

Department of Defense Task Force on 


emcdonald on DSK2BSOYB1PROD with NOTICES