18990 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 

particular, Sections 3, 5, 5c(a) and 8a(5) 

of the Act, the Commission hereby 

amends Part 38 of Title 17 of the Code 

of Federal Regulations as follows: 

PART 38—DESIGNATED CONTRACT 

MARKETS 

■ 1. The authority citation for part 38 

continues to read as follows: 

Authority: 7 U.S.C. 2, 5, 6, 6c, 7, 7a–2, and 

12a, as amended by Appendix E of Public 

Law 106–554, 114 Stat. 2763A–365. 

■ 2. The stay is lifted on paragraph (b) 

of Core Principle 15 in Appendix B to 

17 CFR Part 38. 

■ 3. In Appendix B to Part 38 revise 

paragraphs (b)(2)(ii) through (b)(2)(v) of 

Core Principle 15 to read as follows: 

Appendix B to Part 38—Guidance on, 

and Acceptable Practices in, 

Compliance With Core Principles 

* * * * * 

Core Principle 15 of section 5(d) of the Act: 

CONFLICTS OF INTEREST 

* * * * * 

(b) * * * 

(2) * * * 

(ii) In addition, a director shall be 

considered to have a ‘‘material relationship’’ 

with the contract market if any of the 

following circumstances exist: 

(A) The director is an officer or employee 

of the contract market or an officer or 

employee of its affiliate. In this context, 

‘‘affiliate’’ includes parents or subsidiaries of 

the contract market or entities that share a 

common parent with the contract market; 

(B) The director is a member of the contract 

market, or an officer or director of a member. 

‘‘Member’’ is defined according to Section 

1a(24) of the Commodity Exchange Act and 

Commission Regulation 1.3(q); 

(C) The director, or a firm with which the 

director is an officer, director, or partner, 

receives more than $100,000 in combined 

annual payments from the contract market, or 

any affiliate of the contract market (as 

defined in Subsection (2)(ii)(A)), for legal, 

accounting, or consulting services. 

Compensation for services as a director of the 

contract market or as a director of an affiliate 

of the contract market does not count toward 

the $100,000 payment limit, nor does 

deferred compensation for services prior to 

becoming a director, so long as such 

compensation is in no way contingent, 

conditioned, or revocable; 

(D) Any of the relationships above apply to 

a member of the director’s ‘‘immediate 

family,’’ i.e., spouse, parents, children and 

siblings. 

(iii) All of the disqualifying circumstances 

described in Subsection (2)(ii) shall be 

subject to a one-year look back. 

(iv) A contract market’s public directors 

may also serve as directors of the contract 

market’s affiliate (as defined in Subsection 

(2)(ii)(A)) if they otherwise meet the 

definition of public director in this Section 

(2). 

(v) A contract market shall disclose to the 

Commission which members of its board are 

public directors, and the basis for those 

determinations. 

* * * * * 

Issued in Washington, DC, on April 21, 

2009 by the Commission. 

David A. Stawick, 

Secretary to the Commission. 

[FR Doc. E9–9508 Filed 4–24–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 526 

[Docket No. FDA–2009–N–0665] 

Intramammary Dosage Forms; Change 

of Sponsor 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect a 

change of sponsor for an approved new 

animal drug application (NADA) from 

Merial Ltd. to Cross Vetpharm Group 

Ltd. 

DATES: This rule is effective April 27, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

David R. Newkirk, Center for Veterinary 

Medicine (HFV–100), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 240–276–8307, 

e-mail: david.newkirk@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Merial 

Ltd., 3239 Satellite Blvd., Bldg. 500, 

Duluth, GA 30096–4640, has informed 

FDA that it has transferred ownership 

of, and all rights and interest in, NADA 

065–383 for Formula A–34 (procaine 

penicillin G) mastitis infusion tube to 

Cross Vetpharm Group Ltd., Broomhill 

Rd., Tallaght, Dublin 24, Ireland. 

Accordingly, the agency is amending 

the regulations in 21 CFR 526.1696a to 

reflect the transfer of ownership. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects in 21 CFR Part 526 

Animal drugs. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR part 526 is amended as follows: 

PART 526—INTRAMAMMARY DOSAGE 

FORMS 

■ 1. The authority citation for 21 CFR 

part 526 continues to read as follows: 

Authority: 21 U.S.C. 360b. 

§ 526.1696a [Amended] 

■ 2. In paragraph (c) of § 526.1696a, 

remove ‘‘050604’’ and add in its place 

‘‘061623’’. 

Dated: April 17, 2009. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. E9–9527 Filed 4–24–09; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0119] 

RIN 1625–AA00 

Safety Zone; Red Bull Air Races; San 

Diego Bay, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the San Diego 

Bay in support of the Red Bull Air 

Races. The safety zone is necessary to 

provide for the safety of the crew, 

spectators, participants and other 

vessels and users of the waterway. 

Persons and vessels will be prohibited 

from entering into, transiting through, or 

anchoring within this safety zone unless 

authorized to do so by the Captain of the 

Port or his designated representative. 

DATES: This rule is effective from 10 

a.m. on May 7, 2009 through 6 p.m. on 

May 10, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0119 and are available Online by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0119 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

also available for inspection or copying 

at two locations: the Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 


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