### 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 foreignregulatory 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


### 5577 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices

1 ‘‘Interpretative Statement With Respect to the Commission’s Exemptive Authority Under § 30.10 of its Rules, ’’ l7 C.R Part 30, Appendix A.

2 The 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). 4 Public 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 ofthe 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 impactthe 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


### 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