5576 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices 

marine mammal stock in the wild by causing 

disruption of natural behavioral patterns, 

including, but not limited to, migration, 

surfacing, nursing, breeding, feeding, or 

sheltering, to a point where such behavioral 

patterns are abandoned or significantly 

altered [Level B Harassment]. 

Summary of Request 

In March 2009, NMFS received an 

application from the Navy requesting 

authorization to take individuals of 20 

species of marine mammals (15 

cetaceans and 5 pinnipeds) incidental to 

upcoming training activities to be 

conducted in the GOA TMAA, which is 

a polygon roughly the shape of a 300 nm 

by 150 nm rectangle oriented northwest 

to southeast in the long direction, over 

the course of 5 years. NMFS 

subsequently requested additional 

information, which was provided in the 

form of a revised application in 

November, 2009. These training 

activities are classified as military 

readiness activities. The Navy states that 

these training activities may expose 

some of the marine mammals present in 

the area to sound from various active 

tactical sonar sources or to pressure 

from underwater detonations. The Navy 

requests authorization to take 

individuals of 20 species of cetaceans 

and pinnipeds by Level B Harassment. 

Further, the Navy requests authorization 

to take 3 individual beaked whales (of 

any of the following species: Baird’s 

beaked whale, Cuvier’s beaked whale, 

Stejneger’s beaked whale) annually by 

serious injury or mortality. 

Specified Activities 

In the application submitted to 

NMFS, the Navy requests authorization 

to take marine mammals incidental to 

conducting training activities utilizing 

mid- and high frequency active sonar 

sources and explosive detonations. 

These sonar and explosive sources will 

be utilized during Anti-submarine 

Warfare (ASW) Tracking and Torpedo 

Exercises, Extended Echo Ranging, 

Improved Extended Echo Ranging, and 

Advanced Extended Echo Ranging 

(EER/IEER/AEER) events, Missile 

Exercises, Gunnery Exercises, Bombing 

Exercises, and Sinking Exercises. Table 

1–7 in the application lists the activity 

types, the equipment and platforms 

involved, and the duration and potential 

locations of the activities. 

The training activities will take place 

during the summer months, in the form 

of one or two major exercises or focused 

activity periods. These exercises or 

activity periods would each last up to 

21 days and consist of multiple 

component training activities. Unlike 

Navy Training activities in other areas, 

the GOA TMAA is not a Range Complex 

and as such, there are no other or 

ongoing small scale Navy Training 

activities conducted outside these 

activity periods. 

Information Solicited 

Interested persons may submit 

information, suggestions, and comments 

concerning the Navy’s request (see 

ADDRESSES). All information, 

suggestions, and comments related to 

the Navy’s GOA TMAA request and 

NMFS’ potential development and 

implementation of regulations 

governing the incidental taking of 

marine mammals by the Navy’s GOA 

TMAA activities will be considered by 

NMFS in developing, if appropriate, the 

most effective regulations governing the 

issuance of letters of authorization. 

Dated: January 28, 2010. 

P. Michael Payne, 

Chief, Division of Permits, Conservation, and 

Education, Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2010–2286 Filed 2–2–10; 8:45 am] 

BILLING CODE 3510–22–S 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Request for New 

Collection—3038–NEW, Registration 

Under the CEA—Proposed 

Questionnaire to Regulation 30.10 

Relief Recipients (17 CFR Part 30) 

AGENCY: Commodity Futures Trading 

Commission 

ACTION: Notice—proposed 

questionnaire. 

SUMMARY: 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, and 

to allow 60 days for comment in 

response to the notice. The Division of 

Clearing and Intermediary Oversight 

(DCIO) of the Commodity Futures 

Trading Commission (CFTC) is 

proposing to send a questionnaire to 

obtain updated information on the 

current laws and market developments 

of each jurisdiction in which exemptive 

relief was granted by the Commission 

pursuant to Regulation 30.10. 

DATES: Comments must be received by 

April 5, 2010. 

ADDRESSES: Interested persons should 

submit their views and comments to 

Secretary of the Commission, 

Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington, DC 20581. In addition, 

comments may be sent by facsimile 

transmission to number (202) 418–5521, 

or by electronic mail to 

secretary@cftc.gov. Reference should be 

made to ‘‘Commission Regulation 30.10 

Questionnaire.’’ 

FOR FURTHER INFORMATION CONTACT: 

Andrew Chapin, Associate Director, or 

Andrea Musalem, Attorney-Advisor, 

Division of Clearing and Intermediary 

Oversight, Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington, DC 20581. Telephone: 

(202) 418–5167. 

SUPPLEMENTARY INFORMATION: 

I. Background 

CFTC Regulation 30.10 allows 

persons located and doing business 

outside the U.S., who are subject to a 

comparable regulatory framework in the 

country in which they are located, to 

seek an exemption from the application 

of certain of the Part 30 regulations. 

Regulation 30.10 expressly states that, 

upon petition, the Commission may 

exempt any person from any 

requirement of the Part 30 regulations. 

If the Commission grants an exemption, 

persons located and doing business 

outside the U.S. may solicit or accept 

orders directly from U.S. customers for 

foreign futures or options transactions 

without registering under the Act as 

FCMs. 

A petition for exemption pursuant to 

Regulation 30.10 is typically filed on 

behalf of persons located and doing 

business outside the U.S. that seek 

access to U.S. customers by (1) a 

governmental agency responsible for 

implementing and enforcing the foreign 

regulatory program, or (2) a selfregulatory organization (SRO) of which 

such persons are members. A petitioner 

who seeks an exemption pursuant to 

Regulation 30.10, based on substituted 

compliance with a non-U.S. regulatory 

framework that is comparable to the Act 

and rules thereunder, must set forth 

with particularity the comparable 

regulations applicable in the 

jurisdiction in which that person is 

located. In essence, a petitioner under 

Regulation 30.10 must present, with 

particularity, the factual basis for a 

finding of comparability and the reasons 

why the policies and purposes of the 

Commission’s regulatory program are 

met, notwithstanding any differences of 

degree or kind in the petitioner’s 

regulatory program. 

Appendix A to Part 30 (Appendix A) 

articulates standards to be used by staff 

in assessing whether a foreign 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices 5577 

1 ‘‘Interpretative Statement With Respect to the 

Commission’s Exemptive Authority Under § 30.10 

of its Rules,’’ l7 C.R Part 30, Appendix A. 

2The 13 foreign entities are represented by the 

following jurisdictions: The United Kingdom, 

Australia, Brazil, Germany, Canada, France, Spain, 

New Zealand, Singapore, Taiwan, and Japan. 3 47 FR 18618–18621 (April 30, 1982). 4Public Law 104–13 (May 13, 1995). 

regulatory system is comparable.1 These 

standards involve inquiry into the 

following areas: (1) Registration, 

authorization or other form of licensing, 

fitness review or qualification of 

persons through which customer orders 

are solicited and accepted; (2) minimum 

financial requirements for those persons 

that accept customer funds; (3) 

protection of customer funds from 

misapplication; (4) recordkeeping and 

reporting requirements; (5) minimum 

sales practice standards, including 

disclosure of the risks of futures and 

options transactions and, in particular, 

the risk of transactions undertaken 

outside the jurisdiction of domestic law; 

(6) compliance; and (7) informationsharing. 

II. The Proposed Questionnaire 

Currently, there are 13 foreign 

entities 2 (two regulators and 11 futures 

exchanges) that have a Regulation 30.10 

exemption some of which date back to 

the late eighties, early nineties. 

Consequently, the Commission’s 

Division of Clearing and Intermediary 

Oversight (DCIO) would like to embark 

upon a program whereby each year, 

DCIO sends out a questionnaire to 

exemption recipients inquiring as to 

material and other relevant changes that 

impacted our could impact the 

fundamentals for which exemptive 

relief was granted in the first place. 

The proposed 2010 Questionnaire 

will ask the following questions: 

The following questions relate to material 

changes that have occurred since the original 

filing of the 30.10 petition. Please answer the 

following questions in detail. 

1. Have there been any material changes 

with regards to the identity or organization 

of the original Petitioner (i.e. change in 

control, change in name, change in structure, 

etc.)? 

2. Has there been a change in the role of 

the government, the regulator, or the selfregulatory organization(s) which has or could 

potentially impact their supervision of and 

their enforcement powers over the exchange 

and its members? 

3. Has there been any material change in 

the legal framework which impacted or could 

impact any of the following: 

a. Registration, authorization or other form 

of licensing, fitness review or qualification of 

persons through which customer orders are 

solicited and accepted; 

b. Minimum financial requirements for 

those persons that accept customer funds; 

c. Protection of customer funds from 

misapplication; 

d. Recordkeeping and reporting 

requirements; 

e. Minimum sales practice standards, 

including disclosure of risks of futures and 

options transactions and, in particular, the 

risk of transactions undertaken outside the 

jurisdiction of domestic law; and 

f. Compliance (i.e. any change in oversight 

structure which impacted or could impact 

the governmental authority or the selfregulatory organization’s ability to audit Part 

30 firms for compliance with, or take action 

against persons that violate the requirements 

of the Part 30 program). 

4. What changes, if any, have occurred in 

insolvency laws as they affect futures 

customers? If there have been changes to 

insolvency laws, have the changes occurred 

within the past two to three years? To what 

extent do you view any recently proposed 

changes to insolvency laws as resulting from 

the 2008–09 financial crisis? 

5. Security futures products have both an 

equity component and a futures component. 

Consequently, in what accounts are security 

futures products held (i.e. the equity account, 

the futures account, or a combined account)? 

Are security futures products subject to 

separate disclosure and margin requirements 

than those required for plain vanilla futures 

products? 

6. Please provide an updated list of all 

firms with relief under the Regulation 30.10 

exemption. 

7. Since the granting of the original 

exemption, please affirm whether 30.10 firms 

have been subject to arbitration and/or 

disciplinary proceedings arising from 

transactions with U.S. customers. To the best 

extent possible, please provide the number of 

times and a brief description of such 

proceedings. 

8. Please provide the name and contact 

information for individuals to whom follow 

up questions might be directed. 

III. Related Matters 

A. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’), 5 U.S.C. 601–611, requires that 

agencies, in proposing rules, consider 

the impact of those rules on small 

businesses. The Commission has 

previously established certain 

definitions of ‘‘small entities’’ to be used 

by the Commission in evaluating the 

impact of its rules on such entities in 

accordance with the RFA.3 The 

proposed Questionnaire discussed 

herein would affect foreign futures 

exchanges and/or foreign securities 

regulators who sought and obtained 

Regulation 30.10 exemptive relief on 

behalf of its members and/or regulatees. 

Foreign regulators and exchanges are 

not included in the definition of ‘‘small 

entities’’ per 47 FR 18618 and 66 FR 

42256. Therefore, the Chairman, on 

behalf of the Commission, hereby 

certifies, pursuant to 5 U.S.C. 605(b) 

that this proposed Questionnaire will 

not have an economic impact on a small 

entities. Nonetheless, the Commission 

specifically requests comment on the 

impact this proposed Questionnaire 

may have on small entities. 

Nonetheless, the Commission 

specifically requests comment on the 

impact this proposed Questionnaire 

may have on small entities—New 

Collection—3038.XXXX. 

B. Paperwork Reduction Act 

When publishing a proposed 

questionnaire, the Paperwork Reduction 

Act of 1995 4 imposes certain 

requirements on federal agencies 

(including the Commission) in 

connection with their conducting or 

sponsoring any collection of 

information as defined by the 

Paperwork Reduction Act. In 

compliance with the Act, the 

Commission, through this Questionnaire 

proposal, solicits comments to: (1) 

Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including the 

validity of the methodology and 

assumptions used; (2) evaluate the 

accuracy of the agency’s estimate of the 

burden of the proposed collection of 

information including the validity of the 

methodology and assumptions used; (3) 

enhance the quality, utility, and clarity 

of the information to be collected; and 

(4) minimize the burden of the 

collection of the 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. 

The Commission has submitted this 

proposed Questionnaire and its 

associated information collection 

requirements to the Office of 

Management and Budget. The burden 

associated with this entire New 

Collection—3038–XXXX—including 

this proposed Questionnaire, is as 

follows: 

Average burden hours per response: one 

hour/question 

Number of questions: 13 

Number of respondents: 13 

Frequency of response: Annually 

Persons wishing to comment on the 

estimated paperwork burden associated 

with this proposed Questionnaire 

should contact the Desk Officer, CFTC, 

Office of Management and Budget, 

Room 10202, NEOB, Washington, DC 

20503, (202) 395–7340. Copies of the 


jlentini on DSKJ8SOYB1PROD with NOTICES
5578 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices 

information collection submission to 

OMB are available from the CFTC 

Clearance Officer, 1155 21st Street, 

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

5160. 

Dated: January 28, 2010. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2010–2238 Filed 2–2–10; 8:45 am] 

BILLING CODE P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Submission for OMB Review; 

Comment Request—Flammability 

Standards for Clothing Textiles and 

Vinyl Plastic Film 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: Pursuant to the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the Consumer Product 

Safety Commission (Commission) 

announces that it has submitted to the 

Office of Management and Budget 

(OMB) a request for extension of 

approval of a collection of information 

associated with the Commission’s 

flammability standards for clothing 

textiles and vinyl plastic film. 

DATES: Written comments on this 

request for extension of approval of 

information collection requirements 

should be submitted by March 5, 2010. 

ADDRESSES: Written comments on this 

request for extension of approval of 

information collection requirements 

should be captioned ‘‘Clothing Textiles 

and Film, Collection of Information’’ 

and submitted by March 5, 2010 to (1) 

the Office of Information and Regulatory 

Affairs, Attn: OMB Desk Officer for 

CPSC, Office of Management and 

Budget, Washington, DC 20503; 

telephone: (202) 395–7340, and (2) the 

Office of the Secretary, Consumer 

Product Safety Commission, 4330 East 

West Highway, Bethesda, MD 20814, by 

e-mail at cpsc-os@cpsc.gov, or by mail 

or by facsimile at (301) 504–0127. 

FOR FURTHER INFORMATION CONTACT: 

Copies of this request for extension of 

the information collection requirements 

and supporting documentation are 

available from Linda Glatz, Division of 

Policy and Planning, Office of 

Information Technology and 

Technology Services, Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone: (301) 504–7671 or by e-mail 

to lglatz@cpsc.gov. 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of October 29, 2009 (74 

FR 55819), the Consumer Product Safety 

Commission published a notice in 

accordance with provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35) to announce the 

agency’s intention to seek extension of 

approval of the collection of information 

required in the Standard for the 

Flammability of Clothing Textiles (16 

CFR Part 1610) and the Standard for the 

Flammability of Vinyl Plastic Film (16 

CFR Part 1611). These regulations 

establish requirements for testing and 

recordkeeping for manufacturers and 

importers who furnish guaranties for 

products subject to the flammability 

standards for clothing textiles and vinyl 

plastic film. See 16 CFR Part 1610, 

Subpart B, and 16 CFR Part 1611, 

Subpart B. 

The Commission uses the information 

compiled and maintained by firms that 

issue these guaranties to help protect 

the public from risks of injury or death 

associated with clothing and fabrics and 

vinyl film intended for use in clothing. 

More specifically, the information helps 

the Commission arrange corrective 

actions if any products covered by a 

guaranty fail to comply with the 

applicable standard in a manner that 

creates a substantial risk of injury or 

death to the public. The Commission 

also uses this information to determine 

whether the requisite testing was 

performed to support the guaranties. 

OMB approved the collection of 

information in the regulations 

implementing the standards for clothing 

textiles and vinyl plastic film under 

control number 3041–0024. The 

Commission proposes to request an 

extension of approval for the collection 

of information in those regulations. 

Additional Information About the 

Request for Extension of Approval of a 

Collection of Information 

Agency address: Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814. 

Title of information collection: 

Standard for the Flammability of 

Clothing Textiles, 16 CFR Part 1610; 

Standard for the Flammability of Vinyl 

Plastic Film, 16 CFR Part 1611. 

Type of request: Extension of approval 

without change. 

General description of respondents: 

Manufacturers and importers of 

garments, fabrics, and related materials 

subject to the flammability standards for 

clothing textiles and vinyl plastic film. 

Estimated number of respondents: 

1,000 per year. 

Estimated average number of hours 

per respondent: 101.6 per year. 

Estimated number of hours for all 

respondents: 101,600 per year. 

Estimated cost of collection for all 

respondents: $5.8 million per year. 

Dated: January 28, 2010. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2010–2302 Filed 2–2–10; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Federal Advisory Committee; 

Quadrennial Defense Review 

Independent Panel 

AGENCY: Department of Defense (DoD). 

ACTION: Disestablishment of Federal 

advisory committee. 

SUMMARY: The Department of Defense 

announced on October 1, 2009 (74 FR 

50781) that the Quadrennial Defense 

Review Independent Panel (hereafter 

referred to as the Panel), which was 

established by 10 U.S.C. 118f, would 

operate under the provisions of the 

Federal Advisory Committee Act of 

1972, (5 U.S.C. Appendix), the 

Government in the Sunshine Act of 

1976 (5 U.S.C. 552b). The Department 

has determined that the Panel is a 

legislative advisory committee that 

works for and reports to the Legislative 

Branch; therefore, the Department is 

withdrawing the Panel’s charter. 

FOR FURTHER INFORMATION CONTACT: Jim 

Freeman, Deputy Committee 

Management Officer for the Department 

of Defense, 703–601–6128. 

SUPPLEMENTARY INFORMATION: After 

further consideration the Office of the 

Committee Management Officer for the 

Department of Defense, in consultation 

with the Office of the General Counsel 

for the Department of Defense, has 

determined that the Panel is in fact a 

legislative advisory committee; that is, it 

works for and reports to the Legislative 

Branch. 

Therefore, the Panel is not subject to 

the provisions of the Federal Advisory 

Committee Act of 1972 or the 

Government in the Sunshine Act of 

1976. Accordingly, the Department of 

Defense is withdrawing the Panel’s 

charter that was filed with the 

Committee Management Secretariat for 

the General Services Administration, 

the congressional oversight committees 

and the Library of Congress. 

The removal of the Panel’s charter 

and its status under the Federal 

Advisory Committee Act of 1972 has no 


jlentini on DSKJ8SOYB1PROD with NOTICES