Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Notices 56511 

1An SME is defined as a firm with 500 or fewer 

employees or that otherwise qualifies as a small 

business under SBA regulations. See http:// 

www.sba.gov/contractingopportunities/owners/ 

basics/whatismallbusiness/index.html. Parent 

companies, affiliates, and subsidiaries will be 

considered when determining business size. The 

dual pricing reflects the Commercial Service’s user 

fee schedule that became effective May 1, 2008. See 

http://www.export.gov/newsletter/march2008/ 

initiatives.html. 

already doing business in the target 

markets as well as U.S. companies 

seeking to enter these markets for the 

first time are encouraged to apply. 

Fees and Expenses 

After a company has been selected to 

participate on the mission, a 

participation fee to the U.S. Department 

of Commerce is required. The 

participation fee for one representative 

is $2,975 for a small or medium-sized 

enterprise (SME) 1 and $3,515 for large 

firms. The fee for each additional firm 

representative (SME or large) is $450. 

Expenses for travel, lodging, some 

meals, and incidentals will be the 

responsibility of each mission 

participant. 

Conditions for Participation 

• An applicant must submit a 

completed and signed mission 

application and supplemental 

application materials, including 

adequate information on the company’s 

products and/or services, primary 

market objectives, and goals for 

participation. If the U.S. Department of 

Commerce receives an incomplete 

application, the Department may reject 

the application, request additional 

information, or take the lack of 

information into account when 

evaluating the applications. 

• Each applicant must also certify 

that the products and services it seeks 

to export through the mission are either 

produced in the United States, or, if not, 

marketed under the name of a U.S. firm 

and have at least 51 percent U.S. 

content of the value of the finished 

product or service. 

Selection Criteria for Participation 

• Suitability of the company’s 

products or services to the mission 

goals. 

• Applicant’s potential for business 

in Nigeria, including likelihood of 

exports resulting from the mission. 

• Consistency of the applicant’s goals 

and objectives with the stated scope of 

the mission. 

Diversity of company size, sector or 

subsector, and location may also be 

considered during the review process. 

Referrals from political organizations 

and any documents containing 

references to partisan political activities 

(including political contributions) will 

be removed from an applicant’s 

submission and not considered during 

the selection process. 

VI. Selection Timeline 

Mission recruitment will be 

conducted in an open and public 

manner, including publication in the 

Federal Register, posting on the 

Commerce Department trade mission 

calendar—http://www.ita.doc.gov/ 

doctm/tmcal.html—and other Internet 

Web sites, press releases to general and 

trade media, direct mail, broadcast fax, 

notices by industry trade associations 

and other multiplier groups, and 

publicity at industry meetings, 

symposia, conferences, and trade shows. 

Recruitment for the mission will 

begin immediately, and conclude 

January 18, 2011. Applications received 

after January 18, 2011, will be 

considered only if space and scheduling 

constraints permit. 

Contacts: 

Ryan Kane, International Trade 

Specialist, U.S. Commercial Service, 

Washington, DC 20230, Tel: 202–482– 

5740, Fax: 202–482–9000, E-mail: 

ryan.kane@trade.gov. 

Rebecca Armand, Senior Commercial 

Officer, U.S. Consulate, Lagos, 

Nigeria, Tel: 234–1–460–358, E-mail: 

Rebecca.Armand@trade.gov. 

Ryan Kane, 

Global Trade Programs, Commercial Service 

Trade Missions Program. 

[FR Doc. 2010–23028 Filed 9–15–10; 8:45 am] 

BILLING CODE P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request: Part 41, Relating to 

Security Futures Products 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), this notice announces that 

the CFTC is planning to submit the 

following proposed Information 

Collection Request (ICR) to the Office of 

Management and Budget (OMB): Part 

41, Relating to Security Futures 

Products; OMB Control Number 3038– 

0059. Before submitting the ICR to OMB 

for review and approval, the CFTC is 

soliciting comments on specific aspects 

of the proposed information collection 

as described below. 

DATES: Comments must be submitted on 

or before November 15, 2010. 

ADDRESSES: Comments may be mailed to 

David Steinberg, Special Counsel, 

Division of Market Oversight, U.S. 

Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington, DC 20581. 

FOR FURTHER INFORMATION CONTACT: 

David Steinberg (202) 418–5102; FAX: 

(202) 418–5527; email: 

dsteinberg@cftc.gov. 

SUPPLEMENTARY INFORMATION: 

Affected Entities: Entities potentially 

affected by this action are businesses 

and other for-profit institutions. 

Title: Part 41, Relating to Security 

Futures Products. 

Abstract: Section 4d(c) of the 

Commodity Exchange Act (CEA), 7 

U.S.C. 6d(c), requires the CFTC to 

consult with the SEC and issue such 

rules, regulations, or orders as are 

necessary to avoid duplicative or 

conflicting regulations applicable to 

firms that are fully registered with the 

SEC as brokers or dealers (brokerdealers) and the CFTC as futures 

commission merchants (FCMs) 

involving provisions of the CEA that 

pertain to the treatment of customer 

funds. The CFTC, jointly with the SEC, 

issued regulations requiring such dually 

registered firms to make choices as to 

how its customers’ transactions in 

security futures products (SFP) will be 

treated, either as securities transactions 

held in a securities account or as futures 

transactions held in a futures account. 

How an account is treated is important 

in the unlikely event of the insolvency 

of the firm. Securities accounts receive 

insurance protection under provisions 

of the Securities Investor Protection Act. 

By contrast, futures accounts are subject 

to the protections provided by the 

segregation requirements of the CEA. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for the CFTC’s regulations 

were published on December 30, 1981. 

See 46 FR 63035 (Dec. 30, 1981). 

The Commission would like to solicit 

comments to: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Commission, including 

whether the information will have a 

practical use; 

• Evaluate the accuracy of the 

Commission’s estimate of the burden of 

the proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

mstockstill on DSKH9S0YB1PROD with NOTICES

56512 Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Notices 

1See Dodd-Frank Wall Street Reform and 

Consumer Protection Act, Pub. L. No. 111–203, 124 

Stat. 1376 (2010). The text of the Dodd-Frank Act 

may be accessed at http://www.cftc.gov./

LawRegulation/OTCDERIVATIVES/index.htm. 

2Pursuant to Section 701 of the Dodd-Frank Act, 

Title VII may be cited as the ‘‘Wall Street 

Transparency and Accountability Act of 2010.’’ 

3 7 U.S.C. 1 et seq. 

4See Commodity Futures Modernization Act of 

2000, Pub. L. 106–554, 114 Stat. 2763 (2000). 

5See Section 723(a)(1)(A) of the Dodd-Frank Act. 

6Under CEA Section 1a(14), an exempt 

commodity is defined as a commodity that is 

neither an excluded nor an agricultural commodity. 

Generally, the term encompasses energy and metals 

commodities. 

• Enhance the quality, usefulness, 

and clarity of the information to be 

collected; and 

• Minimize the burden of collection 

of 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 of responses. 

Burden Statement: The respondent 

burden for this collection is estimated to 

average .59 hours per response. These 

estimates include the time needed to 

review instructions; develop, acquire, 

install, and utilize technology and 

systems for the purposes of collecting, 

validating, and verifying information, 

processing and maintaining information 

and disclosing and providing 

information; adjust the existing ways to 

comply with any previously applicable 

instructions and requirements; train 

personnel to be able to respond to a 

collection of information; and transmit 

or otherwise disclose the information. 

Respondents/Affected Entities: 147. 

Estimated Number of Responses: 

2,739.90 

Estimated Total Annual Burden on 

Respondents: 1,624.08. hours 

Frequency of Collection: On occasion. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, disclose or 

provide information to or for a federal 

agency. This includes the time needed 

to review instructions; develop, acquire, 

install, and utilize technology and 

systems for the purposes of collecting, 

validating, and verifying information, 

processing and maintaining information 

and disclosing and providing 

information; adjust the existing ways to 

comply with any previously applicable 

instructions and requirements; train 

personnel to be able to respond to a 

collection of information; and transmit 

or otherwise disclose the information. 

Dated: September 10, 2010. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2010–23140 Filed 9–15–10; 8:45 am] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Notice Regarding the Treatment of 

Petitions Seeking Grandfather Relief 

for Trading Activity Done in Reliance 

Upon Section 2(h)(1)–(2) of the 

Commodity Exchange Act 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: Section 723 of the DoddFrank Wall Street Reform and Consumer 

Protection Act permits persons 

transacting business in exempt 

commodities in reliance upon Section 

2(h) of the Commodity Exchange Act to 

petition the Commission for grandfather 

relief enabling them to continue to rely 

on Section 2(h) after the effective date 

of the Dodd-Frank Wall Street Reform 

and Consumer Protection Act. While 

persons may submit such grandfather 

relief petitions in accordance with the 

procedures provided herein, at this time 

the Commission has determined that it 

will not be issuing such relief to persons 

seeking to continue to rely on Section 

2(h)(1)–(2). The Commission is prepared 

to revisit its decision in the future 

should it be necessary in order to ensure 

a smooth transition to the new 

regulatory regime mandated by the 

Dodd-Frank Wall Street Reform and 

Consumer Protection Act. Any relief 

that the Commission determines to grant 

in the future will not be limited to 

persons that may file a petition. 

DATES: Effective date: September 10, 

2010 Petitions for relief will be accepted 

until September 20, 2010. Comments on 

this notice will be accepted until 

October 18, 2010. 

ADDRESSES: You may submit comments 

or petitions for relief, identified with 

‘‘Section 2(h)(1)–(2) Grandfather Relief’’ 

in the subject line, by any of the 

following methods: 

• E-mail for comments: 

pgfrcomment@cftc.gov. E-mail for 

petitions: pgfrpetition@cftc.gov. 

• Mail: David A. Stawick, Secretary of 

the Commission, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street, NW., 

Washington, DC 20581. 

• Hand Delivery/Courier: Same as 

mail above. 

All comments must be submitted in 

English, or if not, accompanied by an 

English translation. Comments and 

petitions will be posted as received to 

http://www.cftc.gov. 

FOR FURTHER INFORMATION CONTACT: 

David P. Van Wagner, Chief Counsel, 

Division of Market Oversight, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. Telephone: (202) 418–5481. Email: dvanwagner@cftc.gov; or Beverly 

E. Loew, Assistant General Counsel, 

Office of the General Counsel, same 

address. Telephone: (202) 418–5648. Email: bloew@cftc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Treatment of Petitions for 

Grandfather Relief Received From 

Persons Relying Upon Section 2(h)(1)– 

(2) of the Commodity Exchange Act 

On July 21, 2010, President Obama 

signed into law the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act (‘‘Dodd-Frank Act’’).1 Title VII of the 

Dodd-Frank Act 2 will amend the 

Commodity Exchange Act (‘‘CEA’’) 3 to 

establish a comprehensive new 

regulatory framework for swaps and 

security-based swaps. As part of the 

revisions to the CEA, the Dodd-Frank 

Act will delete various provisions from 

the CEA that were first established by 

the Commodity Futures Modernization 

Act of 2000 (‘‘CFMA’’) 4 to permit the 

trading of derivative instruments off of 

regulated markets. Among other such 

provisions, the Dodd-Frank Act will 

strike Section 2(h)(1)–(2) (the ‘‘Exempt 

Commodity Exemption’’) from the CEA, 

effective July 15, 2011.5 CEA Section 

2(h)(1)–(2) generally provides that 

bilateral ‘‘exempt commodity’’ 6

transactions entered into between 

eligible contract participants, as that 

term is defined by CEA Section 1a(12), 

are exempt from all of the provisions of 

the CEA, except for the anti-fraud and 

anti-manipulation provisions. 

Section 723(c)(1) of the Dodd-Frank 

Act provides that a person who is 

subject to the Exempt Commodity 

Exemption may petition the 

Commission to continue to operate 

pursuant to Section 2(h)(1)–(2) by 

submitting a petition to the Commission 

within 60 days of the enactment of the 

Dodd-Frank Act (i.e., by September 20, 

2010). Section 723(c)(1) further states 

that the Commission must consider all 

such petitions in a ‘‘prompt manner’’ 

and may grant grandfather relief for up 

to one year. The Dodd-Frank Act does 

not suggest any standard for the 

Commission to evaluate grandfather 

relief petitions from parties seeking to 

continue their reliance on the Exempt 

Commodity Exemption. 

Ordinarily, a grandfather clause in a 

regulatory statute relieves or exempts 

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