Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Notices 56997 

3. There are no known regulatory 

alternatives which would accomplish 

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in 

connection with the products and 

services deleted from the Procurement 

List. 

End of Certification 

Accordingly, the following products 

and services are deleted from the 

Procurement List: 

Products 

NSN: 7510–01–484–0011—Paper Holder & 

Micro Note Holder. 

NPA: The Lighthouse for the Blind, Inc. 

(Seattle Lighthouse), Seattle, WA. 

Contracting Activity: GSA/Federal 

Acquisition Service, New York, NY. 

NSN: 8415–00–205–3895—Apron, 

Construction Workers. 

NPA: Blind Industries & Services of 

Maryland, Baltimore, MD. 

Contracting Activity: GSA/Federal 

Acquisition Service, Fort Worth, TX. 

Services 

Service Type/Location: Facilities 

Maintenance, NASA Dryden Flight 

Research Center, Edwards, CA. 

NPA: PRIDE Industries, Roseville, CA. 

Contracting Activity: National Aeronautics 

and Space Administration, NASA 

Headquarters, Washington, DC. 

Service Type/Location; Janitorial/Custodial 

Service, Maritime Administration: 

Crossways Commerce Center, 1545 

Crossways Boulevard, Chesapeake, VA. 

NPA: Portco, Inc., Portsmouth, VA. 

Contracting Activity: GSA/PBS/R03 

Richmond FO, Richmond, VA. 

Barry S. Lineback. 

Director, Business Operations. 

[FR Doc. 2010–23273 Filed 9–16–10; 8:45 am] 

BILLING CODE 6353–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Global Markets Advisory Committee 

AGENCY: Commodity Futures Trading 

Commission (‘‘CFTC’’). 

ACTION: Notice of meeting of Global 

Markets Advisory Committee. 

SUMMARY: The Global Markets Advisory 

Committee will hold a public meeting 

on October 5, 2010, from 1 p.m. to 5 

p.m., at the CFTC’s Washington, DC 

headquarters. 

DATES: The meeting will be held on 

October 5, 2010 from 1 p.m. to 5 p.m. 

Members of the public who wish to 

submit written statements in connection 

with the meeting should submit them by 

October 4, 2010. 

ADDRESSES: The meeting will take place 

in the first floor hearing room at the 

CFTC’s headquarters, Three Lafayette 

Centre, 1155 21st Street, NW., 

Washington, DC 20581. 

Written statements should be 

submitted to: Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street, NW., 

Washington, DC 20581, attention Office 

of the Secretary. Please use the title 

‘‘Global Markets Advisory Committee’’ 

in any written statement you may 

submit. Any statements submitted in 

connection with the committee meeting 

will be made available to the public. 

FOR FURTHER INFORMATION CONTACT: 

Michael Otten, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street, NW., 

Washington, DC 20581, (202) 418–5388. 

SUPPLEMENTARY INFORMATION: The 

agenda for the meeting will include 

discussion of: 

Ongoing and anticipated IOSCO projects 

Relevant Dodd/Frank rulemakings 

Foreign Board of Trade (FBOT) 

rulemaking 

European Commission Proposal/ 

comparison to Dodd/Frank 

The meeting will be webcast on the 

CFTC’s Web site, http://www.cftc.gov. 

Members of the public also can listen to 

the meeting by telephone. The public 

access call-in numbers will be 

announced at a later date. 

Authority: 5 U.S.C. app. 2 § 10(a)(2). 

By the Commodity Futures Trading 

Commission. 

Dated: September 14, 2010. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2010–23307 Filed 9–16–10; 8:45 am] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Petition of the National Futures 

Association, Pursuant to Rule 13.2, to 

the U.S. Commodity Futures Trading 

Commission To Amend of the Rule 4.5 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of Petition and Request 

for Comment. 

SUMMARY: The National Futures 

Association (‘‘NFA’’) has petitioned the 

Commodity Futures Trading 

Commission (‘‘Commission’’ or ‘‘CFTC’’) 

to amend a rule that excludes certain 

otherwise regulated persons from the 

definition of the term ‘‘commodity pool 

operator’’ (‘‘CPO’’) with respect to certain 

qualifying entities. The rule presently 

requires any person desiring to claim 

the exclusion to file a notice of 

eligibility with NFA, which must 

identify the qualifying entity to be 

operated pursuant to the exclusion. 

NFA requests the Commission amend 

its rule to limit the scope of the 

exclusion for registered investment 

companies (‘‘RICs’’). Specifically, NFA 

has requested that any RIC include in its 

notice of eligibility a representation that 

the RIC’s qualifying entity (1) Will use 

commodity futures or commodity 

options contracts solely for bona fide 

hedging purposes, (2) will not have the 

initial margin and premiums required to 

establish any commodity futures or 

commodity options not used for bona 

fide hedging purposes exceeding five 

percent (5%) of the liquidation value of 

the qualifying entity’s portfolio, and (3) 

will not be marketed to the public as a 

commodity pool or as a vehicle for 

investment in commodity futures or 

commodity options. 

The Commission seeks comment on 

NFA’s petition and any related 

questions. Copies of the petition are 

available for inspection at the Office of 

the Secretariat, by mail at the address 

listed below, by telephoning (202) 418– 

5100, or on the Commission’s Web site 

(http://www.cftc.gov). 

DATES: Comments must be received on 

or before October 18, 2010. Comments 

must be in English or, if not, 

accompanied by an English translation. 

ADDRESSES: Comments should be sent to 

David A. Stawick, Secretary, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. Comments may be sent by 

facsimile transmission to (202) 418– 

5521, or by e-mail to 

NFAamendrule4.5@cftc.gov. Reference 

should be made to ‘‘National Futures 

Association Petition to Amend 

Commission Rule 4.5.’’ Comments may 

also be submitted by connecting to the 

Federal eRulemaking Portal at http:// 

www.regulations.gov and following the 

comment submission instructions. 

Comments will be published on the 

Commission’s Web site. 

FOR FURTHER INFORMATION CONTACT: 

Kevin P. Walek, Assistant Director, 

Telephone: (202) 418–5463, E-mail: 

kwalek@cftc.gov or Daniel S. Konar II, 

Attorney-Advisor, Telephone: (202) 

418–5405, E-mail: dkonar@cftc.gov, 

Division of Clearing and Intermediary 

Oversight, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. 

SUPPLEMENTARY INFORMATION: 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
56998 Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Notices 

1 50 FR 15868–01 (April 23, 1985). 

2 Id. at 15883. 

3 68 FR 47221–01, 47223 (Aug. 8, 2003). 

4 68 FR 12622–02, 12626 (March 17, 2003). 

5 68 FR 47223. 

6 17 CFR 4.5(c)(2). 

7 17 CFR 13.2 (enumerating the process by which 

the Commission may be petitioned for the issuance, 

amendment or repeal of a rule). 

I. Background 

In 1985, the Commission adopted 

Rule 4.5, which provides an exclusion 

from the definition of ‘‘CPO’’ for certain 

otherwise regulated persons that 

operated certain qualifying entities.1 At 

the time of its adoption, any person 

seeking to claim the exclusion was 

required to file with the Commission a 

notice of eligibility that contained a 

representation that 

* * * such person will operate the 

qualifying entity specified therein in a 

manner such that the qualifying entity: (i) 

Will use commodity futures or commodity 

options contracts solely for bona fide hedging 

purposes within the meaning and intent of 

§ 1.3(z)(1) [subject to certain provisions] 

* * * (ii) Will not enter into commodity 

futures and commodity options contracts for 

which the aggregate initial margin and 

premiums exceed 5 percent of the fair market 

value of the entity’s assets, after taking into 

account unrealized profits and unrealized 

losses on any such contracts * * * and (iii) 

Will not be, and has not been, marketing 

participations to the public as or in a 

commodity pool or otherwise as or in a 

vehicle for trading in the commodity futures 

or commodity options markets.2

In 2003, the Commission amended 

Rule 4.5 by deleting the bona fide 

hedging requirement, the limitation on 

aggregate initial margin, and the 

prohibition on marketing.3 In proposing 

these amendments to Rule 4.5, the 

Commission explained that its decision 

to delete the hedging requirement and 

the limitation on aggregate initial 

margin was driven by the fact that 

persons and qualifying entities that are 

otherwise regulated ‘‘may not need to be 

subject to any commodity interest 

trading criteria to qualify for the 

exclusion afforded by Rule 4.5.’’ 4 The 

Commission further explained when 

adopting the final amendments that its 

decision to delete the prohibition on 

marketing was driven by comments 

claiming that ‘‘the ‘otherwise regulated’ 

nature of the qualifying entities * * * 

would provide adequate customer 

protection, and, further, that compliance 

with the subjective nature of the 

marketing restriction could give rise to 

the possibility of unequal enforcement 

where commodity interest trading was 

restricted.’’ 5

Rule 4.5 currently requires only that 

notices of eligibility include 

representations that 

* * * the qualifying entity: (i) Will 

disclose in writing to each participant, 

whether existing or prospective, that the 

qualifying entity is operated be a person who 

has claimed an exclusion from the definition 

of the term ‘commodity pool operator’ under 

the [Commodity Exchange] Act, and 

therefore, who is not subject to registration or 

regulation as a pool operator under the 

[Commodity Exchange] Act * * * and (ii) 

Will submit to special calls as the 

Commission may require.6

II. NFA’s Petition 

By letter dated August 18, 2010 

(‘‘Petition’’), NFA, a registered futures 

association, petitioned the Commission 

under Rule 13.2 7 to amend Rule 4.5. 

Specifically, NFA requested that, in 

addition to the two current 

representations required in a person’s 

notice of eligibility, Rule 4.5 should 

require the following representation: 

(iii) Furthermore, if the person claiming 

the exclusion is an investment company 

registered as such under the Investment 

Company Act of 1940, then the notice of 

eligibility must also contain representations 

that such person will operate the qualifying 

entity as described in [Rule] 4.5(b)(1) in a 

manner such that the qualifying entity: (a) 

Will use commodity futures or commodity 

options contracts solely for bona fide hedging 

purposes within the meaning and intent of 

[Rule] 1.3(z)(1); Provided however, That in 

addition, with respect to positions in 

commodity futures or commodity option 

contracts that may be held by a qualifying 

entity only which do not come within the 

meaning and intent of [Rule] 1.3(z)(1), a 

qualifying entity may represent that the 

aggregate initial margin and premiums 

required to establish such positions will not 

exceed five percent of the liquidation value 

of the qualifying entity’s portfolio, after 

taking into account unrealized profits and 

unrealized losses on any such contracts it has 

entered into; and, Provided further, That in 

the case of an option that is in-the-money at 

the time of purchase, the in-the-money 

amount as defined in [Rule] 190.01(x) may be 

excluded in computing such [five] percent; 

(b) Will not be, and has not been, marketing 

participations to the public as or in a 

commodity pool or otherwise as or in a 

vehicle for trading in (or otherwise seeking 

investment exposure to) the commodity 

futures or commodity options markets. 

III. Request for Comments 

The Commission requests public 

comment on any aspect of the Petition 

that commenters believe may raise 

issues under the Commodity Exchange 

Act or Commission regulations. 

* * * * * 

Issued in Washington, DC, on September 

13, 2010 by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2010–23310 Filed 9–16–10; 8:45 am] 

BILLING CODE 6351–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[Docket No. CPSC–2010–0046] 

Agency Information Collection 

Activities; Submission for Office of 

Management and Budget Review; 

Comment Request; Consumer Focus 

Groups 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘CPSC’’ or ‘‘Commission’’) 

is announcing that a proposed 

collection of information has been 

submitted to the Office of Management 

and Budget (‘‘OMB’’) for review and 

clearance under the Paperwork 

Reduction Act of 1995. 

DATES: Fax written comments on the 

collection of information by October 18, 

2010. 

ADDRESSES: To ensure that comments on 

the information collection are received, 

OMB recommends that written 

comments be faxed to the Office of 

Information and Regulatory Affairs, 

OMB, Attn: CPSC Desk Officer, FAX: 

202–395–6974, or e-mailed to 

oira_submission@omb.eop.gov. All 

comments should be identified with the 

OMB control number 3041–0136 and 

identified by Docket No. CPSC–2010– 

0046. In addition, written comments 

also should be submitted in http:// 

www.regulations.gov under Docket No. 

CPSC–2010–0046, or by mail/hand 

delivery/courier (for paper, disk, or CD– 

ROM submissions), preferably in five 

copies, to: Office of the Secretary, 

Consumer Product Safety Commission, 

Room 820, 4330 East West Highway, 

Bethesda, MD 20814; telephone (301) 

504–7923. 

FOR FURTHER INFORMATION CONTACT: 

Linda Glatz, Division of Policy and 

Planning, Office of Information 

Technology, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814, (301) 504–7671, 

lglatz@cpsc.gov. 

SUPPLEMENTARY INFORMATION: In 

compliance with 44 U.S.C. 3507, the 

CPSC has submitted the following 

proposed collection of information to 

OMB for review and clearance: 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1