55310 Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices 

1See Regulation of Off-Exchange Retail Foreign 

Exchange Transactions and Intermediaries; 

Proposed Rule, 75 FR 3282 (Jan. 20, 2010). 

2Food, Conservation, and Energy Act of 2008, 

Pub. L. 110–246, 122 Stat. 1651, 2189–2201 (2008). 

an opportunity to submit comments on 

the proposed actions. 

Additions 

If the Committee approves the 

proposed additions, the entities of the 

Federal Government identified in this 

notice will be required to procure the 

products and services listed below from 

nonprofit agencies employing persons 

who are blind or have other severe 

disabilities. 

Regulatory Flexibility Act Certification 

I certify that the following action will 

not have a significant impact on a 

substantial number of small entities. 

The major factors considered for this 

certification were: 

1. If approved, the action will not 

result in any additional reporting, 

recordkeeping or other compliance 

requirements for small entities other 

than the small organizations that will 

furnish the products and services to the 

Government. 

2. If approved, the action will result 

in authorizing small entities to furnish 

the products and services to the 

Government. 

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 proposed for addition to the 

Procurement List. 

Comments on this certification are 

invited. Commenters should identify the 

statement(s) underlying the certification 

on which they are providing additional 

information. 

End of Certification 

The following products and services 

are proposed for addition to 

Procurement List for production by the 

nonprofit agencies listed: 

Products: 

NSN: 8470–00–NSH–0030—Improved 

Oxygen Harness 

NSN: 8470–00–NSH–0031—Center 

Mounted Weapon Harness 

NPA: Employment Source, Inc., 

Fayetteville, NC 

Contracting Activity: Dept of the Army, XR 

W2DF RDECOM ACQ CTR, NATICK, 

MA 

COVERAGE: C–List for 100% of the 

requirements of the U.S. Army, as 

aggregated by the Department of the 

Army Research, Development, & 

Engineering Command, Natick, MA. 

Cold Weather Midweight Drawers (GEN III) 

NSN: 8415–01–538–8727—Drawers Size 

Small Regular 

NSN: 8415–01–538–8730—Drawers Size 

Medium Regular 

NSN: 8415–01–538–8745—Drawers Size 

Large Regular 

NSN: 8415–01–538–8747—Drawers Size 

Large Long 

NSN: 8415–01–538–8750—Drawers Size X 

Large Regular 

NSN: 8415–01–538–8751—Drawers Size X 

Large Long 

NSN: 8415–01–545–7672—Drawers Size X 

Small Short 

NSN: 8415–01–545–7676—Drawers Size X 

Small Regular 

NSN: 8415–01–545–7717—Drawers Size 

Small Short 

NSN: 8415–01–545–7768—Drawers Size 

Small Long 

NSN: 8415–01–545–7810—Drawers Size 

Medium Long 

NSN: 8415–01–545–7960—Drawers Size X 

Large X Long 

NSN: 8415–01–545–7965—Drawers Size 

XX Large Regular 

NSN: 8415–01–545–7966—Drawers Size 

XX Large Long 

NSN: 8415–01–545–7968—Drawers Size 

XX Large X Long 

NPAs: New Horizons Rehabilitation 

Services, Inc., Auburn Hills, MI 

Peckham Vocational Industries, Inc., 

Lansing, MI Contracting Activity: Defense 

Logistics Agency, Defense Supply Center 

Philadelphia, Philadelphia, PA 

Coverage: C–List for an additional 25% of 

the requirement of the Department of 

Defense, as aggregated by the Defense 

Logistics Agency Troop Support, 

Philadelphia, PA. Note that 75% of this 

requirement is already on the PL; this 

addition will bring the total to 100% of the 

requirement. 

Services: 

Service Type/Locations: Custodial Service, 

USARC Mare Island, 1481 Railroad Ave., 

Vallejo, CA. USARC Hunter Hall, 2600 

Castro Rd., San Pablo, CA. 

NPA: Solano Diversified Services, Vallejo, 

CA. 

Contracting Activity: Dept of the Army, XR 

W6BB ACA Presidio of Monterey, 

Presidio of Monterey, CA. 

Service Type/Location: Janitorial Service, 

Anchorage FAA Tower/TRACON, 5200 

West International Airport Road, 

Anchorage, AK. 

NPA: MQC Enterprises, Inc., Anchorage, AK. 

Contracting Activity: Dept of Transportation, 

Federal Aviation Administration, 

Northwest/Mountain REG, LOG. DIV 

(ANM–55), Renton, WA. 

Service Type/Location: Custodial Service, 

Isle Royale National Park, Houghton, MI. 

NPA: Goodwill Industries of Northern 

Wisconsin and Upper Michigan, 

Marinette, WI Contracting Activity: 

National Park Service, Midwest Region, 

Major Acquisition Buying Office, 

Sagamore Hills, OH. 

Barry S. Lineback, 

Director, Business Operations. 

[FR Doc. 2010–22621 Filed 9–9–10; 8:45 am] 

BILLING CODE 6353–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Performance of Registration Functions 

by National Futures Association With 

Respect to Retail Foreign Exchange 

Dealers and Associated Persons 

AGENCY: Commodity Futures Trading 

Commission 

ACTION: Notice and order 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) is authorizing the National 

Futures Association (‘‘NFA’’), effective 

September 10, 2010, to process and 

grant applications for initial registration, 

renewed registration and withdrawals of 

retail foreign exchange dealers 

(‘‘RFEDs’’) and their associated persons 

(‘‘APs’’) and to issue temporary licenses 

to eligible APs; to conduct proceedings 

to deny, condition, suspend, restrict or 

revoke the registration of any RFED or 

AP of an RFED, or an applicant for 

registration in either category; and to 

maintain records regarding RFEDs and 

their APs, and to serve as the official 

custodian of those Commission records. 

DATES: Effective Date: September 10, 

2010. 

FOR FURTHER INFORMATION CONTACT: For 

information contact: William Penner, 

Deputy Director, Division of Clearing 

and Intermediary Oversight, 1155 21st 

Street, NW, Washington, DC 20581. 

Telephone number: 202–418–5450; 

facsimile number: 202–418–5547; and 

electronic mail: wpenner@cftc.gov. 

Christopher Cummings, Special 

Counsel, Division of Clearing and 

Intermediary Oversight, 1155 21st 

Street, NW., Washington, DC 20581. 

Telephone number (202) 418–5450; 

facsimile number: 202–418–5547; and 

electronic mail: ccummings@cftc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Authority and Background 

In a separate document published 

elsewhere in today’s Federal Register, 

the Commission is issuing final rules 

regarding the regulation of off-exchange 

retail foreign exchange transactions and 

intermediaries. The final rules follow 

the publication of proposed rules on 

January 20, 2010,1 and represent a 

comprehensive regulatory scheme to 

implement the requirements of the 

CFTC Reauthorization Act of 2008 

(‘‘CRA’’) with regard to off-exchange 

retail forex transactions.2 The 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices 55311 

3 7 U.S.C. 1, et seq. 

4Previously, firms serving as counterparties to 

retail forex typically registered as FCMs, even 

though they may not have engaged in exchangetraded futures business. Under the CRA, either 

FCMs or RFEDs can offer to serve as counterparties 

to retail forex transactions, but the entity must 

register as an FCM if primarily and substantially 

engaged in on-exchange trading, or an RFED if not. 

See, 7 U.S.C. 2(c)(2)(B)(i)(II)(cc) and (gg) and 7 

U.S.C. 2(c)(2)(C)(i). 

5 Id. 

6See 48 FR 15940 (Apr. 13, 1983); 48 FR 35158 

(Aug. 3, 1983); 48 FR 51809 (Nov. 14, 1983); 49 FR 

8226 (Mar. 5, 1984); 49 FR 39593 (Oct. 9, 1984); and 

50 FR 34885 (Aug. 28, 1985). 

7 7 U.S.C. 21(o)(2). 

8See 49 FR 39593 (Oct. 9, 1984) and 66 FR 43227 

(Aug. 17, 2001). 

9See also section 17(o)(3) of the Act, 7 U.S.C. 

21(o)(3). 

Commodity Exchange Act (‘‘Act’’),3 as 

amended by the CRA, provides that the 

Commission’s jurisdiction extends to 

off-exchange contracts of sale of a 

commodity for future delivery (or an 

option on such a contract) or an option 

(other than an option executed or traded 

on a national securities exchange), and 

to certain off-exchange leveraged or 

margined contracts in foreign currency 

that are offered to or entered into with 

retail customers. Moreover, the CRA 

provides the Commission with the 

authority to register persons serving as 

intermediaries or counterparties to these 

transactions. 

Specifically, the CRA gives the 

Commission the authority to require the 

registration of intermediaries who 

solicit retail customers to participate in 

off-exchange forex contracts, who pool 

customer money for the purpose of 

trading off-exchange currency contracts 

or who manage customer money for this 

purpose. In the final rules published 

today, the Commission has determined 

that these entities should be registered 

in the existing categories of introducing 

broker (‘‘IB’’), commodity pool operator 

(‘‘CPO’’), or commodity trading advisor 

(‘‘CTA’’), as appropriate. 

The CRA also authorizes the 

Commission to register entities that 

serve as counterparties to such 

transactions, either within the existing 

category of futures commission 

merchant (‘‘FCM’’) or as an RFED, a new 

category of registrant. RFEDs are 

counterparties not engaged primarily or 

substantially in the offer and sale of 

exchange-traded futures (as opposed to 

FCMs, which are).4 The CRA provides 

that RFEDs, their APs, and each of the 

other categories of registrants discussed 

above, must be members of a registered 

futures association such as the National 

Futures Association (‘‘NFA’’) and must 

register with the Commission subject to 

such terms as the Commission may 

prescribe.5

The CFTC has previously authorized 

NFA to perform the full range of 

registration functions with regard to 

FCMs, IBs, CTAs, CPOs and their 

respective APs, including granting 

applications for initial registration and 

renewed registration; enabling 

withdrawals and issuing temporary 

licenses to eligible APs; and conducting 

proceedings to deny, condition, 

suspend, restrict or revoke the 

registration of existing registrants or 

applicants for registration in each 

category.6 By today’s order the 

Commission authorizes NFA to perform 

these functions with regard to RFEDs 

and their APs. 

As proposed and adopted, 

Commission Regulations 5.3(a)(4) and 

(6) require all those who meet the 

definition of an RFED, and any such 

associated persons of RFEDs to register 

with the Commission in accordance 

with part 3 of the Commission’s 

Regulations. (17 CFR 3.1, et seq.) 

Commission Regulation 3.2 provides 

that the registration functions of the 

Commission are to be performed by the 

National Futures Association. Upon 

consideration, the Commission has 

determined to authorize NFA, effective 

September 10, 2010, to perform 

registration functions with regard to 

RFEDs and their APs as set forth in part 

3 of the Commission’s Regulations. 

Moreover, Section 17(o)(2) of the Act 

provides that the Commission may 

authorize a registered futures 

association, such as NFA, to perform 

Commission registration functions, to 

deny, condition, suspend, restrict or 

revoke any registration, subject to 

Commission review.7 The Commission 

is therefore also authorizing NFA to take 

such actions with regard to RFED and 

AP applicants as well as existing 

registrants in each of these categories. 

The Commission further notes that it 

has, by prior orders, authorized NFA to 

maintain various Commission 

registration records, and has certified 

NFA as the official custodian of such 

records for the Commission.8 The 

Commission has determined, in 

accordance with its authority under 

section 8a(10) of the Act, to authorize 

NFA to maintain and serve as official 

custodian of the Commission’s 

registration records with respect to 

RFEDs and their APs. 

In maintaining the Commission’s 

registration records pursuant to this 

Order, NFA shall be subject to all other 

requirements and obligations imposed 

upon it by the Commission in existing 

or future Orders or regulations. In this 

regard, NFA shall also implement such 

additional procedures (or modify 

existing procedures) as are necessary to 

ensure the security and integrity of 

these records as may be acceptable to 

the Commission; to facilitate prompt 

access to these records by the 

Commission and its staff; to facilitate 

disclosure of public or nonpublic 

information in those records when 

permitted by Commission Orders or 

rules, and to keep logs as required by 

the Commission concerning disclosures 

of nonpublic information; and otherwise 

to safeguard the confidentiality of the 

records. 

II. Conclusion and Order 

The Commission has determined, in 

accordance with the provisions of 

Sections 2(c)(2)(B), 2(c)(2)(C), and 8a(10) 

of the Act, to authorize NFA, effective 

September 10, 2010 to perform the 

following registration functions: 

(1) To process and grant applications 

for initial registration, renewed 

registration and withdrawals from 

registration of retail foreign exchange 

dealers (‘‘RFEDs’’) and their associated 

persons (‘‘APs’’) and to issue temporary 

licenses to eligible APs; 

(2) To conduct proceedings to deny, 

condition, suspend, restrict or revoke 

the registration of any RFED or AP of an 

RFED, or any applicant for registration 

in either category; and 

(3) To maintain records regarding 

RFEDs and their APs, and to serve as the 

official custodian of those Commission 

records. 

NFA shall perform these functions in 

accordance with the standards 

established by the Act and the 

regulations promulgated thereunder. 

NFA shall follow the same procedures 

with respect to recordkeeping, 

disclosure and tracking of fitness 

investigations and adverse action 

proceedings concerning RFEDs and 

their APs as it must follow in cases 

involving FCMs, IBs, CPOs, CTAs, and 

their respective APs. 

These determinations are based upon 

the Congressional intent expressed in 

sections 2(c)(2)(B), 2(c)(2)(C), 8a(10) and 

17(o) of the Act. This Order does not, 

however, authorize NFA to accept or act 

upon requests for exemption from 

registration, or to render ‘‘no-action’’ or 

interpretive letters with respect to 

applicable registration requirements. 

Nothing in this Order, or in sections 

2(c)(2)(B), 2(c)(2)(C), 8a(10) and 17(o) of 

the Act, shall affect the Commission’s 

authority to review the performance by 

NFA of Commission registration 

functions.9


srobinson on DSKHWCL6B1PROD with NOTICES
55312 Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices 

Issued in Washington, DC, on August 26, 

2010. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2010–21726 Filed 9–9–10; 8:45 am] 

BILLING CODE P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: Wednesday, September 

15, 2010, 10 a.m.–11 a.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway, 

Bethesda, Maryland. 

STATUS: Commission Meeting—Open to 

the Public. 

MATTERS TO BE CONSIDERED: Decisional 

Matter: Final Interpretative Rule: 

Interpretation of Children’s Product. 

A live webcast of the Meeting can be 

viewed at http://www.cpsc.gov/webcast. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: September 7, 2010. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2010–22780 Filed 9–8–10; 4:15 pm] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

Preparation of a Programmatic 

Environmental Impact Statement 

(PEIS) for the Growth, Realignment, 

and Stationing of Army Aviation 

Assets 

AGENCY: Department of the Army, DoD. 

ACTION: Notice of Intent. 

SUMMARY: The Army announces its 

intent to prepare a PEIS for the 

proposed growth, realignment, and 

stationing of new and existing Army 

aviation assets. The proposed action 

includes the consolidation and 

reorganization of existing aviation units, 

and the establishment of one or more 

Combat Aviation Brigades (CABs). The 

proposed action will increase the 

availability of rotary wing assets to meet 

current and future national security 

requirements and will allow the Army 

better to organize existing aviation 

assets to promote more effective training 

and force management. The PEIS will 

evaluate the environmental impacts 

associated with the proposed action, 

which includes the construction and 

renovation of garrison facilities and 

additional training needed to support 

the establishment and realignment of 

aviation units. 

The Army is considering the 

following alternatives in the PEIS: (1) 

Realign and consolidate existing 

aviation elements of up to a full CAB at 

Fort Carson (CO) or Joint Base LewisMcChord (WA); (2) implement those 

actions discussed in Alternative 1; in 

addition, establish a new CAB and 

station it at Fort Carson or Joint Base 

Lewis-McChord; and, (3) No-Action 

Alternative that would retain the Army 

aviation force structure at its current 

levels, configurations, and locations. No 

more than one additional CAB would be 

assigned to either of the stationing 

locations being considered. As part of 

Alternatives 1 and 2, aviation units 

would conduct training on existing 

training land at either the Yakima 

Training Center (YTC) (WA) or the 

Pinon Canyon Maneuver Site (PCMS) 

(CO) in order to maintain training 

proficiency and support integrated 

training with ground units. Land 

acquisition is not being considered as 

part of this action. 

Fort Carson and Joint Base LewisMcChord are the only stationing 

alternatives that meet all of the Army’s 

stationing requirements for new CAB 

stationing. These locations provide an 

existing runway and airfield, provide 

adequate maneuver and airspace for 

CAB operations, and are equipped with 

existing training ranges that can support 

CAB training. Each location is currently 

the home station of three or more 

ground maneuver Brigade Combat 

Teams (BCTs), which allows the Army 

to maximize integrated air/ground 

training. Joint Base Lewis-McChord and 

Fort Carson are the only major 

installations that have three or more 

BCTs but no CAB dedicated to provide 

aviation support for training. 

Additionally, Joint Base Lewis-McChord 

has many of the existing garrison 

facilities to accommodate CAB units 

while Fort Carson has space available to 

construct additional CAB facilities. 

ADDRESSES: Written comments may be 

sent to: Public Affairs Office, U.S. Army 

Environmental Command, Attention: 

IMPA–AE, 5179 Hoadley Road, 

Aberdeen Proving Ground, MD 21010– 

5401; fax (410) 436–1693; or e-mail at 

APGR-USAECNEPA@conus.army.mil. 

FOR FURTHER INFORMATION CONTACT: 

Public Affairs Office at (410) 436–2556. 

SUPPLEMENTARY INFORMATION: A CAB 

consists of approximately 120 

helicopters, 600 wheeled vehicles, and 

2,700 Soldiers. The CAB is organized 

into five battalions and a headquarters 

unit. CAB units include combat, 

reconnaissance, and logistics support 

aircraft. 

The National Environmental Policy 

Act (NEPA) of 1969 (42 U.S.C. et seq.) 

and Federal Regulations (40 CFR part 

1500 et seq. and 32 CFR part 651) 

require the Army to consider the 

environmental impact of its actions and 

alternatives and to solicit the views of 

the public in order to make a final 

decision on how to proceed. 

The PEIS will assess, consider, and 

compare the direct, indirect, and 

cumulative environmental effects of 

proposed CAB growth and realignment 

for each alternative. The primary 

environmental issues to be analyzed 

include (but are not limited to) impacts 

to air quality, soil, airspace, cultural 

resources, natural resources, noise. In 

addition, the Army will consider those 

issues identified by the public and other 

organizations as part of the process. 

Predicted environmental impacts 

associated with the implementation of 

the proposed action at Fort Carson and 

Joint Base Lewis-McChord will be 

analyzed to include increases in 

aviation activity, potential for wildlife 

disturbance, as well as additional 

impacts to soils, biological resources, 

surface water, and vegetation. 

Additional vehicle traffic and growth in 

school population associated with an 

increase in Soldier populations will also 

be analyzed. At YTC, there is increased 

potential for vegetation and habitat 

degradation associated with aviation 

training. At PCMS, cumulative impacts 

to soils are predicted to be manageable 

with current dust control mitigation 

techniques. 

Members of the public, including 

native communities and federally 

recognized Native American Tribes, and 

federal, state, and local agencies are 

invited to submit written comments on 

environmental issues, concerns and 

opportunities to be analyzed in the 

PEIS. Written comments will be 

accepted for 30 days following 

publication of the Notice of Intent in the 

Federal Register. 

Dated: September 2, 2010. 

Hershell E. Wolfe, 

Acting Deputy Assistant Secretary of the 

Army (Environment, Safety, and 

Occupational Health). 

[FR Doc. 2010–22658 Filed 9–9–10; 8:45 am] 

BILLING CODE 3710–08–P 


srobinson on DSKHWCL6B1PROD with NOTICES