Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Notices 47791

Atmospheric Administration (NOAA),

Commerce.

ACTION: Receipt of applications for

scientific research permits (1079, 1080).

SUMMARY: Notice is hereby given that

Notice is hereby given that GeorgiaPacific West, Inc. (GPWI) in Fort Bragg,

CA, and Dr. Jerry J. Smith, San Jose

State University in San Jose, CA, have

applied in due form for permits

authorizing takes of a threatened species

for scientific research purposes.

DATES: Written comments or requests for

a public hearing on any of these

applications must be received on or

before October 14, 1997.

ADDRESSES: The applications and

related documents are available for

review in the following offices, by

appointment:

Office of Protected Resources, F/PR3,

NMFS, 1315 East-West Highway, Silver

Spring, MD 20910–3226 (301–713–

1401); and

Protected Species Division, NMFS,

777 Sonoma Avenue, Room 325, Santa

Rosa, CA 95404–6528 (707 575–6066).

Written comments or requests for a

public hearing should be submitted to

the Protected Species Division in Santa

Rosa, CA.

SUPPLEMENTARY INFORMATION: GPWI and

Dr. Jerry J. Smith request permits under

the authority of section 10 of the

Endangered Species Act of 1973 (ESA)

(16 U.S.C. 1531–1543) and the NMFS

regulations governing ESA-listed fish

and wildlife permits (50 CFR parts 217–

227).

GPWI (1079) requests a five-year

permit for takes of juvenile, threatened,

central California coast coho salmon

(Oncorhynchus kisutch) associated with

fish population studies on GPWI

properties in Mendocino County

Drainages of the Big, Ten-Mile, and

Noyo Rivers, Salmon, Pudding and Usal

Creeks and other small coastal streams

between the Navarro River and Usal

Creek within the Evolutionarily

Significant Unit (ESU). The studies

consist of coho salmon distibution and

abundance surveys for which ESA-listed

fish are proposed to be taken. ESA-listed

fish will be captured, anesthetized,

handled (identified and measured),

allowed to recover from the anesthetic,

and released.

Dr. Jerry J. Smith (1080) requests a

five-year permit for takes of juvenile,

threatened, central California coast coho

salmon (Oncorhynchus kisutch)

associated with fish population studies

in defined drainages of Marin, San

Mateo and Santa Cruz Counties within

the Evolutionarily Significant Unit

(ESU). The studies consist of five

assessment tasks for which ESA-listed

fish are proposed to be taken: 1)

Presence/absence, 2) population

estimates, 3) spawner surveys, 4) tissue/

scale sampling for genetic studies, and

5) microhabitat utilization. ESA-listed

adult and juvenile fish will be observed

or captured, anesthetized, handled

(weighed, measured, fin-clipped),

allowed to recover from the anesthetic,

and released. Indirect mortalities are

also requested.

Those individuals requesting a

hearing on these requests for permits

should set out the specific reasons why

a hearing would be appropriate (see

ADDRESSES). The holding of such a

hearing is at the discretion of the

Assistant Administrator for Fisheries,

NOAA. All statements and opinions

contained in the above application

summaries are those of the applicant

and do not necessarily reflect the views

of NMFS.

Dated: September 4, 1997.

Nancy Chu,

Chief, Endangered Species Division, Office

of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 97–24067 Filed 9–10–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 090297A]

Endangered Species; Permits

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Issuance of permit 1056

(P770#73) and modification 1 to

scientific research/enhancement permit

1010 (P503S).

SUMMARY: Notice is hereby given that

NMFS has issued a permit to the Coastal

Zone and Estuarine Studies Division,

Northwest Fisheries Science Center,

NMFS at Seattle, WA (CZESD) and a

modification to a permit to the Idaho

Department of Fish and Game at Boise,

ID (IDFG) that authorize takes of

Endangered Species Act-listed species

for the purpose of scientific research,

subject to certain conditions set forth

therein.

ADDRESSES: The applications and

related documents are available for

review in the following offices, by

appointment:

Office of Protected Resources, F/PR3,

NMFS, 1315 East-West Highway, Silver

Spring, MD 20910–3226 (301-713-1401);

and

Protected Resources Division, F/

NWO3, 525 NE Oregon Street, Suite

500, Portland, OR 97232–4169 (503–

230–5400).

SUPPLEMENTARY INFORMATION: The

permit and the modification to a permit

were issued under the authority of

section 10 of the Endangered Species

Act of 1973 (ESA) (16 U.S.C. 1531-1543)

and the NMFS regulations governing

ESA-listed fish and wildlife permits (50

CFR parts 217–222).

Notice was published on June 9, 1997

(62 FR 31410) that an application had

been filed by CZESD for a scientific

research permit (P770#73). Permit 1056

was issued to CZESD on August 11,

1997. Permit 1056 authorizes CZESD

takes of juvenile, threatened, naturallyproduced and artificially-propagated,

Snake River spring/summer chinook

salmon (Oncorhynchus tshawytscha)

associated with two scientific research

studies. The objective of Study 1 is to

characterize the run-timing of wild fish

over a period of years to determine if

consistent patterns are apparent, and to

use this information for real-time

management decisions regarding water

allocation during the smolt

outmigrations. The long-term objectives

of Study 2 are to monitor the nature and

extent of genetic change over time in

supplemented and unsupplemented

populations and to correlate the genetic

changes with measures of productivity.

The results of this study would also

provide information on population

structure and effective population size.

Permit 1056 expires on December 31,

2001.

Notice was published on June 9, 1997

(62 FR 31410) that an application had

been filed by IDFG for modification 1 to

scientific research/enhancement permit

1010 (P503S). Modification 1 to permit

1010 was issued to IDFG on August 22,

1997. Permit 1010 authorizes IDFG takes

of juvenile, ESA-listed, Snake River

spring/summer chinook salmon

(Oncorhynchus tshawytscha) associated

with a captive rearing program. For

modification 1, IDFG is authorized to

release a small number of mature spring

chinook salmon from its captive rearing

program to obtain information on the

spawning behavior and success of

outplanted fish as well as to examine

the efficacy of all procedures associated

with the program. Experimental

outplanting will allow IDFG to refine

transport, acclimation, release,

segregation, and monitoring methods for

future releases. In addition, excess

hatchery-produced jacks will be

sacrificed for cryopreservation of sperm,
47792 Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Notices

1 7 U.S.C. § 12a(10) (1994).

2 7 U.S.C. § 21(j) (1994).

3 7 U.S.C. § 21(o)(1) (1994).

4The Division received the letter from NFA on

August 27, 1997.

5Commission rules referred to herein can be

found at 17 CFR Ch. I (1997).

6The specific elements examined in evaluating

whether the particular foreign regulatory program

provides a basis for permitting substituted

compliance for purposes of exemptive relief

pursuant to Commission Rule 30.10 are set forth in

Appendix A to part 30, ‘‘Interpretative Statement

with Respect to Commission’s Exemptive Authority

dissection for disease or physiological

analysis, and genetic sampling. The

release and/or disposition of maturing

fish are for experimental purposes. The

release of mature ESA-listed fish is valid

in 1997 only. The sacrifice of excess

hatchery-produced jacks is valid for the

duration of permit 1010. Permit 1010

expires on December 31, 2000.

Issuance of the permit and the

modification to a permit, as required by

the ESA, was based on a finding that

such actions: (1) Were requested/

proposed in good faith, (2) will not

operate to the disadvantage of the ESAlisted species that is the subject of the

permits, and (3) are consistent with the

purposes and policies set forth in

section 2 of the ESA and the NMFS

regulations governing ESA-listed

species permits.

Dated: September 5, 1997.

Nancy Chu,

Chief, Endangered Species Division, Office

of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 97–24127 Filed 9–10–97; 8:45 am]

BILLING CODE 3510–22–F

COMMODITY FUTURES TRADING

COMMISSION

Performance of Certain Functions by

National Futures Association With

Respect to Non-U.S. Firms and NonU.S. Markets

AGENCY: Commodity Futures Trading

Commission.

ACTION: Notice and order.

SUMMARY: The Commodity Futures

Trading Commission (Commission) is

authorizing National Futures

Association (NFA) to perform fitness

checks with respect to (1) foreign firms

acting in the capacity of futures

commission merchants (FCMs) seeking

relief under Rule 30.10 and (2) any

applicant for registration or registrant

having or seeking to add a foreign

principal, subject to any limitations by

individual offshore jurisdictions that

fitness information solely be

communicated to and among regulators.

In addition, the Commission is

authorizing NFA (1) to receive filings

from foreign firms acting in the

capacities of commodity pool operators

(CPOs) and commodity trading advisors

(CTAs) filing for exemption from

registration under Rule 30.5, (2) to

monitor compliance with Rule 30.10,

Rule 30.5, and the provisions of

Deutsche Terminborse (DTB) terminal

placement relief, (3) to receive filings

from FCMs with respect to order

transmittal procedure relief for foreign

futures and options orders, (4) to receive

documentation pertaining to Globex and

New York Mercantile Exchange

(NYMEX) ACCESS ‘‘pass-the-book’’

relief, and (5) to maintain and serve as

the official custodian of certain

Commission records.

EFFECTIVE DATE: September 11, 1997.

FOR FURTHER INFORMATION CONTACT:

Lawrence B. Patent, Associate Chief

Counsel, Division of Trading and

Markets, Commodity Futures Trading

Commission, Three Lafayette Centre,

1155 21st Street, N.W., Washington,

D.C. 20581. Telephone: (202) 418–5430.

United States of America

Before the Commodity Futures Trading

Commission Order Authorizing the

Performance of Certain Functions With

Respect to Non-U.S. Firms and NonU.S. Markets

I. Authority and Background

Section 8a(10) of the Commodity

Exchange Act 1 (Act) provides that the

Commission may authorize any person

to perform any portion of the

registration functions under the Act,

notwithstanding any other provision of

law, in accordance with rules adopted

by such person and submitted to the

Commission for approval or, if

applicable, for review pursuant to

Section 17(j) of the Act 2 and subject to

the provisions of the Act applicable to

registrations granted by the

Commission. Section 17(o)(1) of the

Act 3 provides that the Commission may

require NFA to perform Commission

registration functions, in accordance

with the Act and NFA rules. The

Commission’s Division of Trading and

Markets (Division) received a letter from

NFA expressing NFA’s willingness to

perform certain functions now

performed by the Commission, to

undertake to protect the confidentiality,

security and integrity of information

received and to abide by any additional

use requirements or limitations

regarding the receipt and handling of

information from foreign jurisdictions,

as discussed below.4

Upon consideration, the Commission

has determined to authorize NFA,

effective September 11, 1997, to perform

the following functions, subject to any

limitations by individual offshore

jurisdictions that fitness information

solely be communicated to and among

governmental regulators: (1) For foreign

firms acting in the capacity of an FCM,

fitness checks and monitoring of

compliance with Rule 30.10 5 relief

granted to the firm’s regulator or selfregulatory organization (SRO); (2) for

foreign firms acting in the capacities of

CPOs and CTAs, accepting filings that

comply with Rule 30.5; (3) conducting

fitness inquiries directed to foreign

regulatory and self-regulatory bodies

with respect to any firm applying for

registration under the Act or any

registrant having or adding a foreign

principal; (4) receiving documentation

pertaining to Globex and NYMEX

ACCESS ‘‘pass-the-book’’ relief; (5)

receiving filings from FCMs with

respect to order transmittal procedure

relief for foreign futures and options

orders; (6) monitoring DTB terminal

placement relief; and (7) maintaining

and serving as the official custodian of

records for the filings and

acknowledgment requirements

submitted by (a) exchange member firms

seeking ‘‘pass-the-book’’ relief, (b) FCMs

seeking order transmittal procedure

relief, or (c) firms intending to operate

DTB computer terminals in the U.S.,

and maintaining requests and related

materials submitted pursuant to Rules

30.10 and 30.5 or obtained in the course

of conducting foreign fitness inquiries.

As discussed below, each of these

functions involves the registration or

exemption from registration of non-U.S.

persons or is related to trading by U.S.

persons on non-U.S. markets. In the

future, the Commission may delegate

other similar administrative and

processing functions by letter and

Commission Advisory.

A. Foreign FCM Fitness and Compliance

With Rule 30.10

Rule 30.10 allows the Commission to

exempt a foreign firm acting in the

capacity of an FCM from compliance

with certain Commission rules and

regulations based upon the firm’s

compliance with comparable regulatory

requirements imposed by the firm’s

home-country regulator. The

Commission has established a process

whereby a foreign regulator or SRO can

petition on behalf of its regulatees or

members, respectively, for such an

exemption based upon the

comparability of the regulatory structure

in the foreign jurisdiction to that under

the Act.6 This petition process requires