Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices 60087 

Compliance Assistance 

The Department will implement 

activities to better serve the needs of our 

stakeholders and improve the way 

NOAA engages and interacts with its 

regulated community. This new 

component will be aimed at improving 

and expanding NOAA’s compliance 

assistance, collaboration, and outreach 

activities. The Department will work 

with the Marine Fisheries Advisory 

Committee (additional information at: 

http://www.nmfs.noaa.gov/ocs/mafac/) 

to develop proposals for activities or 

program enhancements that will 

improve compliance with all marine 

resource statutes. Activities may 

include, but are not limited to: 

∑ Placing a full or part-time 

Compliance Assistance Liaison in 

NMFS Regional Offices as needed, 

beginning with New England; 

∑ Expanding the use of regional 

enforcement workshops and training 

sessions to bring together and educate 

stakeholders on regulations and other 

requirements associated with fishery 

management plans, National Marine 

Sanctuaries, and activities related to the 

protection of endangered species and 

marine mammals; 

∑ Educating and involving fishermen 

in the development of potential 

solutions to regional and national 

enforcement-related issues; and 

∑ Improving communication with 

regulated communities and the general 

public relative to enforcement issues 

through increased OLE and GCEL 

participation in Regional Fishery 

Management Council meetings or 

Sanctuary Advisory Committee 

meetings, improved websites, easy to 

understand compliance guides, and 

timely electronic or other notifications 

of changes in regulations. 

These compliance assistance activities 

would likely be funded by the AFF 

through agreements with federal and 

state partners, or in the case of efforts 

addressing NE Multispecies, through 

enforcement proceeds available to the 

Secretary under section 311(f) of the 

Magnuson-Stevens Act. 

II. Additional Information 

Ensuring a Strong Enforcement Program 

NOAA and other federal agencies 

with similar authorities must maintain 

adequate funding for enforcement. At 

the National Enforcement Summit held 

in early August, participants stressed 

the need for effective and fair 

enforcement around the country. They 

offered suggestions that NOAA should 

focus more on compliance and outreach 

to better balance its deterrence efforts. 

The need for a strong enforcement 

program is widely recognized and 

supported as a key component of 

supporting legal fishers and the 

American public through barring illegal 

imports, ending illegal domestic 

harvests, and ensuring safe and 

wholesome seafood products. As NOAA 

completes the broad set of activities 

aimed at improving its enforcement 

programs, including a corrective action 

plan for the AFF, NOAA must ensure an 

adequate funding level is maintained. 

Otherwise, the many benefits of a strong 

enforcement program would be at risk. 

Legislative Authorities 

The specific statutory authority for 

use of the fund for certain enforcement 

related purposes is found in section 

311(e)(1) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (16 U.S.C. 1861). Section 311(e)(1) 

authorizes six types of expenditures: (A) 

the reasonable and necessary costs 

incurred in providing temporary 

storage, care, and maintenance of seized 

fish or other property pending 

disposition of any civil or criminal 

proceeding alleging a violation of any 

provision of this Act or any other 

marine resource law enforced by the 

Secretary with respect to that fish or 

other property; (B) a reward of not less 

than 20 percent of the penalty collected 

or $20,000, whichever is the lesser 

amount, to any person who furnishes 

information which leads to an arrest, 

conviction, civil penalty assessment, or 

forfeiture of property for any violation 

of any provision of this Act or any other 

fishery resource law enforced by the 

Secretary; (C) any expenses directly 

related to investigations and civil or 

criminal enforcement proceedings, 

including any necessary expenses for 

equipment, training, travel, witnesses, 

and contracting services directly related 

to such investigations or proceedings; 

(D) any valid liens or mortgages against 

any property that has been forfeited; (E) 

claims of parties in interest to property 

disposed of under section 612(b) of the 

Tariff Act of 1930 (19 U.S.C. 1612(b)), as 

made applicable by section 310(c) of 

this Act or by any other marine resource 

law enforced by the Secretary, to 

seizures made by the Secretary, in 

amounts determined by the Secretary to 

be applicable to such claims at the time 

of seizure; and (F) reimbursement to any 

Federal or State agency, including the 

Coast Guard, for services performed, or 

personnel, equipment, or facilities 

utilized, under any agreement with the 

Secretary entered into pursuant to 

subsection (a), or any similar agreement 

authorized by law.Though not part of 

the AFF, section 311(f) provides that 

fines and penalties collected for 

violations of the Northeast Multispecies 

Fishery Management Plan shall be used 

for purposes of enforcing the Plan. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 24, 2010. 

Eric C. Schwaab, 

Assistant Administrator For Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2010–24446 Filed 9–24–10; 4:15 pm] 

BILLING CODE 3510–22–S 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Notice of Intent To Renew 

Collection 3038–0049, Procedural 

Requirements for Requests for 

Interpretative, No-Action, and 

Exemptive Letters 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: The Commodity Futures 

Trading Commission (CFTC) is 

announcing an opportunity for public 

comment on the proposed collection of 

certain information by the agency. 

Under the Paperwork Reduction Act of 

1995 (PRA), 44 U.S.C. 3501 et seq., 

Federal agencies are required to publish 

notice in the Federal Register 

concerning each proposed collection of 

information, including each proposed 

extension of an existing collection of 

information, and to allow 60 days for 

public comment in response to the 

notice. This notice solicits comments on 

requirements relating to procedures for 

submitting requests for exemptive, noaction, and interpretative letters. 

DATES: Comments must be submitted on 

or before November 29, 2010. 

ADDRESSES: Comments may be mailed to 

Christopher W. Cummings, Division of 

Clearing and Intermediary Oversight, 

U.S. Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington, DC 20581. 

FOR FURTHER INFORMATION CONTACT: 

Christopher W. Cummings (202) 418– 

5445; Fax: (202) 418–5528; e-mail: 

ccummings@cftc.gov. 

SUPPLEMENTAL INFORMATION: Under the 

PRA, Federal agencies must obtain 

approval from the Office of Management 

and Budget (OMB) for each collection of 

information they conduct or sponsor. 

‘‘Collection of information’’ is defined in 

44 U.S.C. 3502(3) and 5 CFR 1320.3(c) 

and includes agency requests or 

requirements that members of the public 

submit reports, keep records, or provide 


erowe on DSK5CLS3C1PROD with NOTICES
60088 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices 

information to a third party. Section 

3506(c)(2)(A) of the PRA, 44 U.S.C. 

3506(c)(2)(A), requires Federal agencies 

to provide a 60-day notice in the 

Federal Register concerning each 

proposed collection of information, 

including each proposed extension of an 

existing collection of information, 

before submitting the collection to OMB 

for approval. To comply with this 

requirement, the CFTC is publishing 

notice of the proposed collection of 

information listed below. 

With respect to the following 

collection of information, the CFTC 

invites comments on: 

• 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; 

• 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; 

• Ways to enhance the quality, 

usefulness, and clarity of the 

information to be collected; and 

• Ways to 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. 

Procedural Requirements for Requests 

for Interpretative, No-Action, and 

Exemptive Letters, OMB control 

number 3038–0049—Extension 

Commission Regulation 140.99 

requires persons submitting requests for 

exemptive, no-action, and interpretative 

letters to provide specific written 

information, certified as to 

completeness and accuracy, and to 

update that information to reflect 

material changes. The regulation was 

promulgated pursuant to the 

Commission’s rulemaking authority 

contained in Section 8a(5) of the 

Commodity Exchange Act, 7 U.S.C. 

12a(5) (2000). Regulation 41.3 requires 

securities brokers and dealers 

submitting requests for exemptive 

orders to provide specified written 

information in support of such requests. 

Regulation 41.3 was promulgated in 

response to the requirement in the 

Commodity Futures Modernization Act 

of 2000 that the Commission establish 

procedures for requesting such orders. 

The Commission estimates the burden 

of this collection of information as 

follows: 

THE COMMISSION ESTIMATES THE BURDEN OF THIS COLLECTION OF INFORMATION AS FOLLOWS: 

Annual number of respondents Frequency of response Total annual 

responses 

Hours per response Total hours 

100 .................................................................... On occasion ..................................................... 150 7 1050 

There are no capital costs or operating 

and maintenance costs associated with 

this collection. 

This estimate is based on the number 

of requests for such letters in the last 

three years. Although the burden varies 

with the type, size, and complexity of 

the request submitted, such request may 

involve analytical work and analysis, as 

well as the work of drafting the request 

itself. 

Dated: September 23, 2010. 

David Stawick, 

Secretary of the Commission. 

[FR Doc. 2010–24357 Filed 9–28–10; 8:45 am] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Notice of Intent To Renew 

Collection 3038–0025, Practice by 

Former Members and Employees of 

the Commission 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: The Commodity Futures 

Trading Commission (CFTC) is 

announcing an opportunity for public 

comment on the proposed collection of 

certain information by the agency. 

Under the Paperwork Reduction Act of 

1995 (PRA), 44 U.S.C. 3501 et seq., 

Federal agencies are required to publish 

notice in the Federal Register 

concerning each proposed collection of 

information, including each proposed 

extension of an existing collection of 

information, and to allow 60 days for 

public comment in response to the 

notice. This notice solicits comments on 

requirements relating to practice before 

the Commission by former members and 

employees of the Commission. 

DATES: Comments must be submitted on 

or before November 29, 2010. 

ADDRESSES: Comments may be mailed to 

John P. Dolan, Office of the General 

Counsel, U.S. Commodity Futures 

Trading Commission, 1155 21st Street, 

NW., Washington, DC 20581. 

FOR FURTHER INFORMATION CONTACT: John 

P. Dolan at (202) 418–5120; FAX: (202) 

418–5524; e-mail: jdolan@cftc.gov. 

SUPPLEMENTARY INFORMATION: Under the 

PRA, Federal agencies must obtain 

approval from the Office of Management 

and Budget (OMB) for each collection of 

information they conduct or sponsor. 

‘‘Collection of information’’ is defined in 

44 USC 3502(3) and 5 CFR 1320.3(c) 

and includes agency requests or 

requirements that members of the public 

submit reports, keep records, or provide 

information to a third party. Section 

3506(c)(2)(A) of the PRA, 44 USC 

3506(c)(2)(A), requires Federal agencies 

to provide a 60-day notice in the 

Federal Register concerning each 

proposed collection of information, 

including each proposed extension of an 

existing collection of information, 

before submitting the collection to OMB 

for approval. To comply with this 

requirement, the CFTC is publishing 

notice of the proposed collection of 

information listed below. 

With respect to the following 

collection of information, the CFTC 

invites comments on: 

• 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; 

• 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; 

• Ways to enhance the quality, 

usefulness, and clarity of the 

information to be collected; and 

• Ways to 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. 


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