39764 Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Proposed Rules 

standardization of secondary or rapid 

methods? Should we limit our 

participation to validating the 

performance of test kits? Are there rapid 

tests in existence other than test kits of 

which you are aware? 

6. Should we work on developing 

reference methods for tests of specific 

traits in grains, such as fermentable 

starch content? Should GIPSA pursue 

standardized, secondary tests for the 

presence of specific traits in grains, such 

as fermentable starch content? 

7. Are co-products of ethanol 

production considered cereal products, 

according to the European Union 

regulations (COMMISSION 

REGULATION (EC) No 856/2005) for 

mycotoxin limits in cereals and cereal 

products? Should GIPSA validate the 

performance of test kits for the detection 

of mycotoxins in distillers grains? If so, 

what are the limits of detection which 

should be considered? 

We welcome your comments on these 

issues as well as any comments or 

suggestions related to distillers grains. 

Authority: 7 U.S.C. 71–87. 

David R. Shipman, 

Acting Administrator, Grain Inspection, 

Packers and Stockyards Administration. 

[FR Doc. E7–14018 Filed 7–19–07; 8:45 am] 

BILLING CODE 3410–KD–P 

DEPARTMENT OF AGRICULTURE 

Grain Inspection, Packers and 

Stockyards Administration 

7 CFR Part 810 

RIN 0580–AA96 

Request for Public Comment on the 

United States Standards for Soybeans 

AGENCY: Grain Inspection, Packers and 

Stockyards Administration, USDA. 

ACTION: Advance notice of proposed 

rulemaking; extension of comment 

period. 

SUMMARY: We published an advance 

notice of proposed rulemaking in the 

Federal Register on May 1, 2007, (72 FR 

23775), initiating a review of the United 

States Standards for Soybeans to 

determine their effectiveness and 

responsiveness to current grain industry 

needs. The notice provided an 

opportunity for interested parties to 

forward written comments to GIPSA 

until July 2, 2007. As a result of a 

request from the soybean industry, we 

are reopening the comment period to 

provide interested parties with 

additional time in which to comment. 

DATES: We will consider comments that 

we receive by August 20, 2007. 

ADDRESSES: We invite you to submit 

comments on this advance notice of 

proposed rulemaking. You may submit 

comments by any of the following 

methods: 

• E-Mail: Send comments via 

electronic mail to 

comments.gipsa@usda.gov 

• Mail: Send hardcopy written 

comments to Tess Butler, GIPSA, USDA, 

1400 Independence Avenue, SW., Room 

1647–S, Washington, DC 20250–3604 

• Fax: Send comments by facsimile 

transmission to: (202) 690–2755 

• Hand Delivery or Courier: Deliver 

comments to: Tess Butler, GIPSA, 

USDA, 1400 Independence Avenue, 

SW., Room 1647–S, Washington, DC 

20250–3604. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Instructions: All comments should 

make reference to the date and page 

number of this issue of the Federal 

Register. 

• Read Comments: All comments will 

be available for public inspection in the 

above office during regular business 

hours (7 CFR 1.27(b)). 

FOR FURTHER INFORMATION CONTACT: 

Marianne Plaus at GIPSA, USDA, 1400 

Independence Avenue, SW., 

Washington, DC 20250–3630; 

Telephone (202) 720–0228; Fax Number 

(202) 720–1015; e-mail 

Marianne.Plaus@usda.gov. 

SUPPLEMENTARY INFORMATION: GIPSA 

published an advance notice of 

proposed rulemaking in the Federal 

Register on May 1, 2007, (72 FR 23775) 

with the intent to obtain public 

comment on the United States 

Standards for Soybeans (7 CFR Part 

810). Our intent is, through the 

comments, to determine their 

effectiveness and responsiveness to 

current grain industry needs. The 

comment period of 60 days from the 

date of publication closed on July 2, 

2007. GIPSA received a request from the 

soybean industry to provide interested 

parties additional time to comment. As 

a result, the comment period is 

reopened for a 30 day period. 

Authority: 7 U.S.C. 71–87. 

Alan Christian, 

Acting Administrator, Grain Inspection, 

Packers and Stockyards Administration. 

[FR Doc. E7–14017 Filed 7–19–07; 8:45 am] 

BILLING CODE 3410–KD–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 40 and 41 

RIN 3038–AC44 

Confidential Information and 

Commission Records and Information 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commodity Futures 

Trading Commission is proposing to 

amend the procedures for confidential 

treatment requests by derivatives 

transaction execution facilities (DTEF), 

derivatives clearing organizations 

(DCO), or designated contract markets 

(DCM) for products and rules submitted 

via certification procedures or for 

Commission review and approval. The 

proposed rules will provide the 

exclusive means of requesting 

confidential treatment for product and 

rule submissions filed under Parts 40 

and 41 of the Commission’s regulations. 

Specifically, DCMs, DTEFs, and DCOs 

will be required to follow the customary 

procedures of requesting confidential 

treatment of information submitted to 

the Commission except: The submitter 

also will be required to file a detailed 

written justification simultaneously 

with the request for confidential 

treatment; and the submitter will be 

required to segregate the material 

deemed confidential in an appendix to 

the submission. Additionally, 

Commission staff may make an initial 

determination to grant or deny 

confidential treatment to such material 

before receiving a request under the 

Freedom of Information Act (FOIA). The 

Commission is proposing these 

amendments to expedite the 

confidential treatment review process 

and consequently allow the Commission 

to provide the public with more 

immediate access to non-confidential 

information. 

DATES: Submit comments on or before 

August 20, 2007. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• Mail/Hand Deliver: Eileen A. 

Donovan, Acting Secretary of the 

Commission, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street, NW., 

Washington, DC 20581. 

• E-mail: secretary@cftc.gov. 

FOR FURTHER INFORMATION CONTACT: Riva 

Adriance, Deputy Director for Market 

Review, (202) 418–5494; or David 


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1A registered entity is defined under Section 

1a(29) of the Commodity Exchange Act (Act) as a 

DCM under Section 5 of the Act (including Section 

5f), a DTEF registered under Section 5a of the Act, 

and a DCO registered under Section 5b of the Act. 

(Section 5f of the Act, along with Part 41 of the 

Commission’s regulations, establishes requirements 

for national securities exchanges, national securities 

associations and alternative trading systems 

registered with the Securities and Exchange 

Commission to notice register with the Commission 

in order to list security futures products (i.e., 

futures on a single equity security and futures on 

narrow-based security indexes)). 

2Market maker incentive plans are created by a 

registered entity to increase volume of trading and 

liquidity, typically for new product launches or in 

markets that for other reasons have low trading 

volume. In general, registered entities have 

requested confidential treatment for the name of the 

market maker(s), the compensation provided by the 

registered entity to the market maker(s), trade 

priorities (i.e., percentage of the order flow), and the 

bid/ask spread level. 

3Commission Regulation 145.9(e)(1) provides 

that if the Assistant Secretary or his or her designee 

determines that a FOIA request seeks material for 

which confidential treatment has been requested 

pursuant to regulation 145.9, the Assistant 

Secretary or his or her designee shall require the 

submitter to file a detailed written justification of 

the confidential treatment request within ten 

business days (unless under regulation 145.9(d)(7) 

an extension of time has been granted) of that 

determination unless, pursuant to an earlier FOIA 

request, a prior determination to release or 

withhold the material has been made, the submitter 

has already provided sufficient information to grant 

the request for confidential treatment, or the 

material is otherwise in the public domain. 

4Commission Regulation 145.9(d)(7). 

5The Commission has been publishing rule 

submissions on the Commission’s website since 

August of 2003. Prior to this date, Commission staff 

had consistently determined that submissions filed 

pursuant to Section 5a(a)(12) of the Act were 

public, and, pursuant to Appendix A(b)(3) or Part 

145, rule filings submitted under Section 5a(a)(12) 

were made available in the Commission’s reading 

room. Section 5a(a)(12) was removed from the Act 

with the passage of the Commodity Futures 

Modernization Act of 2000 (CFMA). As a result, the 

Commission amended Appendix A (b)(3) to Part 

145. Current Appendix A (b)(3) to Part 145 requires 

the Office of the Secretariat to make registered 

entity filings relating to rules as defined in 

Commission Regulation 40.1 available to the public 

unless the filing is covered by a request for 

confidential treatment. See 69 FR 67503–67508 

(November 18, 2004). The Commission believes the 

submissions now filed under Sections 5c(c)(1) and 

5c(c)(2) of the Act should, except in limited 

circumstances, continue to be made publicly 

available as they generally do not cause any 

competitive harm to the registered entity. 

6Commission Regulation 145.9(d)(1). 

7Exemption (b)(4) of FOIA protects trade secrets 

and commercial or financial information obtained 

from a person that is privileged or confidential. See 

also Commission Regulation 145.9(d)(ii). 

Commission Regulation 145.9(d) provides other 

grounds for non-disclosure of information, 

including information that: (1) Is specifically 

exempted by a statute that either requires that the 

matters be withheld from the public so as to leave 

no discretion on the issue or establishes particular 

criteria for withholding or refers to particular types 

of matters to be withheld; (2) would constitute a 

clearly unwarranted invasion of the submitter’s 

personal privacy; (3) would reveal investigatory 

records compiled for law enforcement purposes 

whose disclosure would constitute an unwarranted 

invasion of the personal privacy of the submitter; 

and (4) would reveal investigatory records for law 

enforcement purposes when disclosure would 

interfere with enforcement proceedings or disclose 

investigative techniques and procedures, provided 

that the claim may be made only by a designated 

contract market or registered futures association 

with regard to its own investigatory records. 

8Commission Regulation 145.9(b). 

Steinberg, Attorney Advisor, (202) 418–

5102, Division of Market Oversight, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. Electronic mail: 

radriance@cftc.gov or 

dsteinberg@cftc.gov. This document is 

also available at http:// 

www.regulations.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Overview 

During the past two years, the 

Commission has observed an increase in 

the number of registered entity filings 

submitted under Parts 40 and 41 of the 

Commission’s regulations that are 

accompanied by a request for 

confidential treatment.1 Most of these 

requests for confidential treatment have 

been submitted to the Commission in 

connection with market maker incentive 

plans.2 Under current regulation 

145.9(d)(10), when the Commission 

receives a request for confidential 

treatment for material submitted to the 

Commission, no determination with 

respect to any request for confidential 

treatment will be made until the 

Commission receives a FOIA request for 

the subject material. After receipt of the 

FOIA request, Commission Regulation 

145.9(e)(1) generally requires the 

Assistant Secretary of the Commission 

to notify the submitter that the 

Commission received a FOIA request for 

material subject to the request for 

confidential treatment.3 In most cases, 

the Assistant Secretary also requests 

that the submitter file a detailed written 

justification of the confidential 

treatment request within ten business 

days.4

As a result, both the requirement that 

a FOIA request must be received to 

trigger the confidentiality review and 

the need for submission of a detailed 

written justification delays the 

Commission’s ability to make a timely 

confidentiality determination as to 

whether any information should be 

made public. Furthermore, in some 

cases, the Commission never receives a 

FOIA request for the subject material, 

which prevents the Commission from 

moving forward with the confidential 

treatment review process. While the 

Commission recognizes limited 

circumstances where a registered entity 

filing a submission under Parts 40 and 

41 may be entitled to confidential 

treatment, the Commission has a history 

of generally making certified rules and 

products and other rule submissions 

public and, furthermore, for DCMs, 

Designation Criterion 7 and Core 

Principle 7 often require such 

publication.5

B. Freedom of Information Act 

The Freedom of Information Act, 5 

U.S.C. 552, provides generally that the 

public has a right of access to federal 

agency records except to the extent such 

records, or portions of them, are 

protected from disclosure by one (or 

more) of nine exemptions. A submitter 

requesting confidential treatment must 

request in writing that the Commission 

afford confidential treatment under 

FOIA for any information submitted to 

the Commission while specifying the 

grounds on which confidential 

treatment is being requested.6 A 

registered entity typically asserts that 

the information submitted to the 

Commission should be exempt from 

disclosure pursuant to FOIA exemption 

(b)(4), 5 U.S.C. 552 (b)(4), because the 

release of such information will cause 

competitive harm to the submitter.7

Commission Regulation 145.9 sets forth 

the procedures that a submitter of 

information to the Commission must 

follow in order to obtain confidential 

treatment for such information. That 

same provision, however, also permits 

the Commission to specify ‘‘alternative 

procedures’’ for ‘‘a particular study, 

report, investigation, or other matter.’’ 8

Consistent with that authority, the 

Commission is proposing to specify 

alternative procedures for processing 

requests for confidential treatment of 

registered entity filings submitted under 

Parts 40 and 41 of the Commission’s 

regulations. 

II. Proposed Amendments 

A. Procedures for Requesting 

Confidential Treatment Under Parts 40 

and 41 

The Commission is proposing to add 

paragraph (c) to Commission Regulation 

40.8 to list the procedures that a 

registered entity must follow when 

filing a request for confidential 

treatment. Section 40.8(c) would 

provide the exclusive method of 

requesting confidential treatment for 

information required to be filed under 

Parts 40 and 41. In addition, the 

proposal would add new regulations 

40.2(a)(3)(iv), 40.6(a)(3)(vi), 41.23(a)(7), 

and 41.24(a)(6) and amend regulations 

40.3(a)(7) and 40.5(a)(8) to direct the 


rwilkins on PROD1PC63 with PROPOSALS
39766 Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Proposed Rules 

9 67 FR 62873–62880 (October 9, 2002). 

Amendments to rules 40.3 and 40.5 (which require 

the registered entity to identify with particularity 

information in the submission that will be subject 

to a request for confidential treatment and support 

the request for confidential treatment with 

reasonable justification) were made to conform with 

language in Commission Regulations 37.5(b)(5) and 

38.3(a)(5) (which pertain to applicants for DTEF 

registration and contract market designation, 

respectively) that required the submitter to include 

a reasonable justification in support of the request 

for confidential treatment. However, Commission 

Regulations 37.5(b)(5) and 38.3(a)(5) were amended 

by eliminating the reasonable justification 

requirement. Instead, these regulations now require 

the applicant to follow the procedures in 

Commission Regulation 145.9 when requesting 

confidential treatment. See 69 FR 67811–67817 

(November 22, 2004). 

10Commission Regulation 145.9(g). 

11The Commission notes that provisions under 

these Parts may not apply to all registered entities. 

For example, Section 40.2 applies to all registered 

entities while 40.3 applies only to DCMs and DTEFs 

and not DCOs. 

12 67 FR 62874–75 (Oct. 9, 2002). Product terms 

and conditions that are made publicly available at 

the time of their submission to the Commission 

enable the Commission to obtain the views of 

market participants and others to ascertain whether 

the proposed product would be readily susceptible 

to manipulation, or otherwise violate the Act. 

Commission staff routinely conduct trade 

interviews when reviewing novel instruments to 

ascertain the relative susceptibility of a product to 

being manipulated. To be meaningful, these 

interviews require the release of the proposed 

instrument’s terms and conditions. Generally, the 

Commission intends to continue its long-standing 

practice of requesting public comment on the terms 

and conditions of new products under review for 

Commission approval by publication of notices in 

the Federal Register. In instances where notice in 

the Federal Register is impracticable or otherwise 

unnecessary, notice of a submission for voluntary 

approval and of the public availability of the 

proposed product’s terms and conditions will be 

through the Commission’s internet Web site 

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

The terms and conditions of products eligible for 

trading by self-certification will be available from 

the Commission, at the time that the exchange 

legally could commence trading—the beginning of 

the business day following certification to the 

Commission. 

registered entity requesting confidential 

treatment to follow the new procedures 

specified in Commission Regulation 

40.8(c). Proposed regulation 40.8(c) 

would further require the registered 

entity to follow the procedures in 

Commission Regulation 145.9 except 

that: (1) A detailed written justification 

of the confidential treatment request 

must be filed simultaneously with the 

submission; and (2) the material deemed 

confidential must be filed in an 

appendix to the request. Finally, the 

proposed rules would allow 

Commission staff to make an initial 

determination to grant or deny 

confidential treatment before receiving a 

FOIA request for the subject material. 

The requirement that a registered 

entity follow the procedures in 

proposed new regulation 40.8(c) would 

address the absence of guidance in the 

Commission’s regulations for a 

registered entity when filing a 

‘‘reasonable justification’’ along with the 

request for confidential treatment for 

submissions filed under Parts 40 and 41. 

The proposed rules would remove the 

reasonable justification requirement 

from Commission Regulations 40.3(a)(7) 

and 40.5(a)(8) and direct the submitter 

to follow the procedures of regulation 

40.8(c) with the filing of the detailed 

written justification.9 Additionally, the 

requirement that the registered entity 

simultaneously file the detailed written 

justification with the request for 

confidential treatment would eliminate 

the ten-business-day period permitted 

under regulation 145.9(e)(1) for the 

submitter to file the detailed written 

justification after receiving notice that a 

FOIA request has been received by the 

Commission. With these changes, the 

Commission would be able to conduct 

a thorough analysis of the detailed 

written justification without delay and 

weigh, in a more deliberate manner, the 

potential harm in releasing any portion 

of the submission against allowing the 

public to have more timely access to the 

non-confidential information. 

The proposed rules would not affect 

the ability of the submitter to object to 

the denial of a confidential treatment 

request. Thus, the submitter would still 

be able to file an appeal of any adverse 

determination with the Commission’s 

Office of the General Counsel.10 The 

Commission also notes that a 

determination that any part of the 

request for confidential treatment 

should be granted may be reconsidered 

if a FOIA request is received by the 

Commission for the subject material. 

The proposed rule requiring material 

deemed confidential to be placed in an 

appendix to the submission would 

enable the Commission to make the 

non-confidential information available 

to the public as soon as it receives the 

submission. The Commission has 

observed that registered entities 

requesting confidential treatment 

sometimes ask for confidentiality for the 

entire submission. When this happens, 

the Commission is unable to make any 

part of the submission immediately 

available to the public, even when it is 

clear that information contained in the 

filing is not confidential and, 

furthermore, for DCMs, such publication 

may be required under Designation 

Criterion 7 and Core Principle 7.11

For example, during the past year, 

Commission staff has contacted certain 

registered entities that requested 

confidential treatment for submissions 

containing market maker incentive 

plans and requested that they amend 

their original submissions by placing 

the confidential information in an 

appendix. This has enabled the 

Commission to make the underlying 

submissions containing the nonconfidential information available to the 

public. The registered entities have been 

receptive to these requests. Based upon 

this experience, the Commission does 

not believe its proposed amendments 

would place an undue burden on 

registered entities requesting 

confidential treatment. Registered 

entities are consequently on notice that 

requests for confidential treatment may 

only cover the appendix to the 

submission while the underlying 

submission would be made immediately 

available to the public. 

B. Public Availability of Terms and 

Conditions of Products and Mechanisms 

for Executing Transactions on or 

Through the Facilities of the Contract 

Market 

The terms and conditions of contracts 

must be made available to market 

authorities, market participants, and the 

public by the DCM under Section 

5(d)(7) of the Act.12 Regulations 

40.3(a)(7) and 40.5(a)(8) currently 

provide that a product’s terms and 

conditions, as contained in contents of 

a filing of a submission to the 

Commission, are publicly available at 

the time of their submission. The 

Commission believes the requirement 

that a product’s terms and conditions be 

publicly available at the time of 

submission also applies to submissions 

containing terms and conditions that are 

filed under regulations 40.2, 40.6, 41.23, 

and 41.24. In an effort to create a more 

logical placement in the Commission’s 

regulations for the public availability of 

a product’s terms and conditions, the 

Commission proposes to relocate this 

provision to new paragraph 40.8(d) 

under the Availability of Public 

Information section of Part 40. This 

would ensure that registered entities are 

fully aware, and the public would be on 

notice that this information is available. 

The mechanisms for executing 

transactions on or through the facilities 

of the contract market must also be 

made available to market authorities, 

market participants, and the public by 

the DCM under Section 5(d)(7) of the 

Act. The Commission proposes adding 

language to new paragraph 40.8(d) to 

make clear to registered entities that this 

information is public and to inform the 


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Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Proposed Rules 39767 

13 47 FR 18618, 18619 (April 30, 1982) discussing 

contract markets; 66 FR 42256, 42268 (August 10, 

2001) discussing exempt boards of trade, exempt 

commercial markets and derivatives transaction 

execution facilities; 66FR 45605, 45609 (August 29, 

2001) discussing derivatives clearing organizations. 

public that this information is also 

available. The Commission notes that 

mechanisms for executing transactions 

on or through the facilities of the 

contract market generally include such 

information as trading algorithms and 

information from an exchange’s 

rulebook that pertain to trading. 

Moreover, the Commission notes that 

requests for confidential treatment 

covering the mechanisms for executing 

transactions on or through the facilities 

of the contract market and a product’s 

terms and conditions will not be 

processed. 

III. Cost-Benefit Analysis 

Section 15(a) of the Act, as amended 

by section 119 of the CFMA, requires 

the Commission to consider the costs 

and benefits of its action before issuing 

a new regulation under the Act. By its 

terms, section 15(a) as amended does 

not require the Commission to quantify 

the costs and benefits of a new 

regulation or to determine whether the 

benefits of the regulation outweigh its 

costs. Rather, section 15(a) simply 

requires the Commission to ‘‘consider 

the costs and benefits’’ of its action. 

Section 15(a) of the Act further 

specifies that costs and benefits shall be 

evaluated in light of five broad areas of 

market and public concern: Protection 

of market participants and the public; 

efficiency, competitiveness, and 

financial integrity of futures markets; 

price discovery; sound risk management 

practices; and other public interest 

considerations. Accordingly, the 

Commission could, in its discretion, 

give greater weight to any one of the five 

enumerated areas and could, in its 

discretion, determine that, 

notwithstanding its costs, a particular 

regulation was necessary or appropriate 

to protect the public interest or to 

effectuate any of the provisions or to 

accomplish any of the purposes of the 

Act. 

The Commission is considering the 

costs and benefits of these proposed 

regulations in light of the specified 

provisions of section 15(a) of the Act: 

1. Protection of market participants 

and the public. The proposed 

amendments should have no effect on 

the Commission’s ability to protect 

market participants and the public. 

2. Efficiency and competition. The 

proposed amendments are expected to 

benefit efficiency by making the nonconfidential information from registered 

entity submissions available to the 

public in a more timely manner. The 

Commission anticipates that the costs of 

compliance with the confidential 

treatment procedures will be minimal. 

The proposed amendments should have 

no effect, from the standpoint of 

imposing costs or creating benefits, on 

competition in the futures and options 

markets. 

3. Financial integrity of futures 

markets and price discovery. The 

amendments should have no effect, 

from the standpoint of imposing costs or 

creating benefits, on the financial 

integrity or price discovery function of 

the futures and options markets. 

4. Sound risk management practices. 

The amendments being proposed herein 

should have no effect on the risk 

management practices of the futures and 

options industry. 

5. Other public considerations. No 

additional public considerations could 

be determined. 

After considering these factors, the 

Commission has determined to propose 

the rules and rule amendments set forth 

below. The Commission invites public 

comment on its application of the costbenefit provision. Commenters also are 

invited to submit any data that they may 

have quantifying the costs and benefits 

of the proposal with their comment 

letters. 

IV. Related Matters 

A. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601 et seq. (2000), requires 

federal agencies, in proposing 

regulations, to consider the impact of 

those regulations on small entities. The 

regulations proposed herein would 

affect derivatives transaction execution 

facilities, designated contract markets, 

and derivatives clearing organizations. 

The Commission has previously 

determined that the foregoing entities 

are not small entities for purposes of the 

RFA.13 Accordingly, the Acting 

Chairman, on behalf of the Commission, 

hereby certifies pursuant to 5 U.S.C. 

605(b) that the proposed regulations 

will not have a significant economic 

impact on a substantial number of small 

entities. 

B. Paperwork Reduction Act of 1995 

This proposed rulemaking contains 

information collection requirements. As 

required by the Paperwork Reduction 

Act (PRA) of 1995 (44 U.S.C. 3504(h)), 

the Commission has submitted a copy of 

this section to the Office of Management 

and Budget (OMB) for its review. 

Collection of Information: Rules 

Relating to Part 40, Provisions Common 

to DCMs, DTEFs, and DCOs, OMB 

Control Number 3038–0022. 

The expected effect of the proposed 

amended regulations will be to increase 

the burden previously approved by 

OMB for this collection of information 

by 16 hours as it will result in the filing 

of approximately five additional pages 

when a registered entity files a detailed 

written justification and confidential 

appendix under Commission 

Regulations 40.2, 40.3, 40.4, 40.5, and 

40.6. 

The estimated burden was calculated 

as follows: 

Estimated number of respondents: 12. 

Annual responses by each 

respondent: .30. 

Total annual responses: 4. 

Estimated average hours per response: 

4. 

Annual reporting burden: 16. 

Collection of Information: Rules 

Relating to Part 41, Security Futures 

Products, OMB Control Number 3038–

0059. 

The expected effect of the proposed 

amended regulations will be to increase 

the burden previously approved by 

OMB for this collection of information 

by 3.6 hours as it will result in the filing 

of approximately five additional pages 

when a registered entity files a detailed 

written justification and confidential 

appendix under Commission 

Regulations 41.23 and 41.24. 

Estimated number of respondents: 3. 

Annual responses by each 

respondent: .30. 

Total annual responses: .90. 

Estimated average hours per response: 

4. 

Annual reporting burden: 3.6. 

Organizations and individuals 

desiring to submit comments on the 

information collection requirements 

should direct them to the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

Room 10202, New Executive Office 

Building, 725 17th Street, NW., 

Washington, DC 20503; Attention: Desk 

Officer for the Commodity Futures 

Trading Commission. 

In compliance with the PRA, the 

Commission, through these proposed 

regulations, solicits comments to: (1) 

Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Commission, including 

whether the information will have a 

practical use; (2) evaluate the accuracy 

of the Commission’s estimate of the 

burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(3) enhance the quality, usefulness, and 

clarity of the information to be 


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39768 Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Proposed Rules 

collected; and (4) minimize the burden 

of collecting 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 responses. 

OMB is required to make a decision 

concerning the collection of information 

contained in these proposed regulations 

between 30 and 60 days after 

publication of this document in the 

Federal Register. Therefore, a comment 

to OMB is best assured of having its full 

effect if OMB receives it within 30 days 

of publication. This does not affect the 

deadline for the public to comment to 

the Commission on the proposed 

regulations. Copies of the information 

collection submission to OMB are 

available from the CFTC Clearance 

Officer, 1155 21st Street, NW., 

Washington DC 20581, (202) 418–5160. 

List of Subjects 

17 CFR Part 40 

Commodity futures, Contract markets, 

Designation application, Reporting and 

recordkeeping requirements. 

17 CFR Part 41 

Security futures. 

For the reasons stated in the 

preamble, the Commission proposes to 

amend 17 CFR parts 40 and 41 as 

follows: 

PART 40—PROVISIONS COMMON TO 

CONTRACT MARKETS, DERIVATIVES 

TRANSACTION EXECUTION 

FACILITIES AND DERIVATIVES 

CLEARING ORGANIZATIONS 

1. The authority for part 40 continues 

to read as follows: 

Authority: 7 U.S.C. 1a, 2, 5, 6, 6c, 7, 7a, 

8 and 12a, as amended by appendix E of Pub. 

L. 106–554, 114 Stat. 2763A–365. 

2. Section 40.2 is amended by adding 

paragraph (a)(3)(v) to read as follows: 

§ 40.2 Listing products for trading by 

certification. 

(a) * * * 

(3) * * * 

(v) A request for confidential 

treatment as permitted under the 

procedures of § 40.8. 

* * * * * 

3. Section 40.3 is amended by revising 

paragraph (a)(7) to read as follows: 

§ 40.3 Voluntary submission of new 

products for Commission review and 

approval. 

(a) * * * 

(7) Include a request for confidential 

treatment as permitted under the 

procedures of § 40.8. 

* * * * * 

4. Section 40.5 is amended by revising 

paragraph (a)(8) to read as follows: 

§ 40.5 Voluntary submission of rules for 

Commission review and approval. 

(a) * * * 

(8) Include a request for confidential 

treatment as permitted under the 

procedures of § 40.8. 

* * * * * 

5. Section 40.6 is amended by adding 

new paragraph (a)(3)(vi) to read as 

follows: 

§ 40.6 Self-certification of rules by 

designated contract markets and registered 

derivatives clearing organizations. 

(a) * * * 

(3) * * * 

(vi) A request for confidential 

treatment as permitted under the 

procedures of § 40.8. 

* * * * * 

6. Section 40.8 is amended by adding 

new paragraphs (c) and (d) to read as 

follows: 

§ 40.8 Availability of public information. 

* * * * * 

(c) A registered entity’s filing of new 

products under the self-certification 

procedures, new products for 

Commission review and approval, new 

rules and rule amendments for 

Commission review and approval, and 

new rules and rule amendments 

submitted under the self-certification 

procedures will be treated as public 

information unless covered by a request 

for confidential treatment. If a registered 

entity files a request for confidential 

treatment, the procedures in § 145.9 of 

this chapter shall apply with the 

following exceptions: 

(1) A detailed written justification of 

the confidential treatment request must 

be filed simultaneously with the request 

for confidential treatment; 

(2) The material deemed confidential 

must be segregated in an appendix to 

the submission; and 

(3) Commission staff may make an 

initial determination with respect to the 

request for confidential treatment before 

receiving a request under the Freedom 

of Information Act for the material for 

which confidential treatment is being 

sought. 

(d) A registered entity’s filing 

regarding a product’s terms and 

conditions and the mechanisms for 

executing transactions on or through the 

facilities of the contract market will be 

made publicly available at the time of 

submission and requests for confidential 

treatment covering this information will 

be denied. 

PART 41—SECURITY FUTURES 

PRODUCTS 

7. The authority citation for part 41 

continues to read as follows: 

Authority: Sections 206, 251 and 252, Pub. 

L. 106–554, 114 Stat. 2763, 7 U.S.C. 1a, 2, 6f, 

6j, 7a–2, 12a; 15 U.S.C. 78g(c)(2). 

8. Section 41.23 is amended by 

adding new paragraph (a)(7) to read as 

follows: 

§ 41.23 Listing of security futures 

products for trading. 

(a) * * * 

(7) Includes a request for confidential 

treatment as permitted under the 

procedures of § 40.8. 

* * * * * 

9. Section 41.24 is amended by 

adding new paragraph (a)(6) to read as 

follows: 

§ 41.24 Rule amendments to security 

futures products. 

(a) * * * 

(6) Includes a request for confidential 

treatment as permitted under the 

procedures of § 40.8. 

* * * * * 

Issued in Washington, DC, on July 17, 2007 

by the Commission. 

Eileen A. Donovan, 

Acting Secretary of the Commission. 

[FR Doc. E7–14103 Filed 7–19–07; 8:45 am] 

BILLING CODE 6351–01–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

22 CFR Part 215 

RIN 0412–AA61 

Privacy Act of 1974, Implementation of 

Exemptions 

AGENCY: United States Agency for 

International Development. 

ACTION: Proposed rule. 

SUMMARY: The United States Agency for 

International Development (USAID) is 

concurrently establishing a new system 

of records pursuant to the provisions of 

the Privacy Act of 1974 (5 U.S.C. 552a), 

entitled the ‘‘Partner Vetting System’’

(PVS). In this proposed rulemaking, 

USAID proposes to exempt portions of 

this system of records from one or more 

provisions of the Privacy Act because of 

criminal, civil, and administrative 

enforcement requirements. 

DATES: Submit comments on or before 

September 18, 2007. 


rwilkins on PROD1PC63 with PROPOSALS