3572 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Notices 

15 17 CFR 30, App. D. (2003), 68 FR 33623. 16This procedure also applies where the FBOT 

has permission to list the futures contract for 

trading by direct access but has not yet done so at 

the time it also decides to list the option contract. 

financially-settled equivalent of such 

contract; 

(2) ICE Futures Europe (DME) will 

inform the Commission in a quarterly 

report of any trader that had positions 

in a linked contract above the applicable 

ICE Futures Europe (DME) position 

limit, whether a hedge exemption was 

granted, and if not, whether a 

disciplinary action was taken; 

(3) ICE Futures Europe (DME) will 

publish daily trading information (e.g., 

settlement prices, volume, open interest, 

and opening and closing ranges) that is 

comparable to the daily trading 

information published by the DCM, 

DTEF or ECM for the contract against 

which the ICE Futures Europe (DME) 

contract settles; and 

(4) ICE Futures Europe (DME) will 

provide to the CFTC (through the 

Financial Services Authority (FSA) in 

the case of ICE Futures Europe), a daily 

report of large trader positions in each 

linked contract for all contract months 

in a form and manner that (a) can be 

fully integrated into the CFTC’s market 

surveillance systems, including full 

identification of each position’s 

beneficial owner comparable to the 

reporting that is provided by the DCM, 

DTEF, or ECM; and (b) can, (subject to 

any Memorandum of Understanding 

between the CFTC and FSA in the case 

of ICE Futures Europe), be fully 

integrated into the CFTC’s 

Commitments of Traders Report, 

including appropriate categorization of 

traders and their positions. 

The Commission is hereby providing 

notice that these conditions henceforth 

will be imposed on the no-action relief 

of any FBOT that lists for trading by 

direct access from the U.S. any futures 

or option contract which settles against 

any price, including the daily or final 

settlement price, of (1) a contract listed 

for trading on a DCM or DTEF, or (2) a 

contract listed for trading on an ECM 

that has been determined to be a 

significant price discovery contract. 

III. Listing Option Contracts 

Both the Statement of Policy and the 

Notice of Revision required separate 

notification for futures and option 

contracts in order to permit the 

contracts to be listed for direct access 

from the U.S. Thus, even if the futures 

contract is currently listed, the FBOT 

must separately notify the Division, 

pursuant to the ten business day 

advance notification requirement of the 

Notice of Revision, of its desire to list 

the option on that futures contract. In 

contrast, when the Commission’s Office 

of General Counsel (OGC) issues a noaction letter to allow the offer or sale of 

a FBOT-traded broad-based security 

index futures contract to persons 

located in the U.S., the option on that 

particular futures contract may also be 

offered or sold in the U.S. without any 

further regulatory action from OGC. 

This leads to an unusual situation when 

the FBOT, pursuant to Appendix D of 

Part 30,15 requests permission to list a 

futures contract for trading by direct 

access from the U.S. in the same noaction request letter in which the FBOT 

requests the OGC no-action position. 

When OGC issues the no-action letter, 

both the futures contract and the option 

on that contract may be offered or sold 

in the U.S. and, with the concurrence of 

the Division, the futures contract (but 

not the option on that futures contract) 

may be listed for direct access from the 

U.S. pursuant to the terms and 

conditions of the direct access no-action 

relief. The FBOT must then separately 

request permission from the Division to 

make the option contract available by 

direct access. 

In order to eliminate this 

inconsistency and to streamline the 

procedures for listing option contracts 

for direct access from the U.S., the 

Commission is hereby providing notice 

that the provisions in the Notice of 

Revision, insofar as they apply to 

options on futures contracts that are, or 

could be,16 listed for trading by direct 

access from the U.S. pursuant to the 

conditions of the FBOT’s no-action 

relief, are revised as follows: 

(1) If the option is on a broad-based 

security index futures contract which 

may be offered or sold in the U.S. and 

listed for direct access from the U.S. 

pursuant to a no-action letter issued by 

OGC, the option contract may be listed 

for direct access without further action 

by either the requesting FBOT or the 

Division. 

(2) If the option is on a futures 

contract that is neither a linked contract 

nor a broad-based security index futures 

contract which may be offered or sold 

in the U.S., the option contract may be 

listed for direct access merely by filing 

with Commission staff no later than the 

business day preceding the initial listing 

of the contract: (i) a copy of the initial 

terms and conditions of the additional 

contract and (ii) a certification that the 

FBOT is in compliance with the terms 

and conditions of its no-action letter 

and that the additional option contract 

would be traded in accordance with 

such terms and conditions. 

(3) If the option is on a futures 

contract that is a linked contract, the 

option contract may be listed for direct 

access merely by filing with 

Commission staff no later than the 

business day preceding the initial listing 

of the contract: (i) a copy of the initial 

terms and conditions of the additional 

contract and (ii) a certification that the 

FBOT is in compliance with the terms 

and conditions of its no-action letter, 

including the conditions specifically 

applicable to linked contracts, and that 

the additional option contract would be 

traded in accordance with such terms 

and conditions. 

Issued in Washington, DC on January 14, 

2009, by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. E9–1153 Filed 1–16–09; 8:45 am] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities Under OMB Review 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Extension of an Existing 

Collection—3038–0007. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), this notice announces that 

the Information Collection Request (ICR) 

abstracted below has been forwarded to 

the Office of Management and Budget 

(OMB) for review and comment. The 

ICR describes the nature of the 

information collection and its expected 

costs and burden; it includes the actual 

data collection instruments [if any]. 

DATES: Comments must be submitted on 

or before February 20, 2009. 

FOR FURTHER INFORMATION OR A COPY

CONTACT: William Penner, Division of 

Clearing and Intermediary Oversight, 

U.S. Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington, DC 20581, (202) 418–5407; 

Fax: (202) 418–5536; e-mail: 

wpenner@cftc.gov and refer to OMB 

Control No. 3038–0007. 

SUPPLEMENTARY INFORMATION: 

Title: Rules Relating to Regulation of 

Domestic Exchange-Traded Options 

(OMB Control No. 3038–0007). This is 

a request for extension of a currently 

approved information collection. 

Abstract: Rules Relating to Regulation 

of Domestic Exchange—Traded Options, 

OMB Control No. 3038–0007— 

Extension. 

The rules require futures commission 

merchants and introducing brokers (1) 

to provide their customers with 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Notices 3573 

standard risk disclosure statements 

concerning the risk of trading 

commodity interests; and (2) to retain 

all promotional material and the source 

of authority for information contained 

therein. The purpose of these rules is to 

ensure that customers are advised of the 

risks of trading commodity interests and 

to avoid fraud and misrepresentation. 

The rules also contain procedures for 

contract market designation and product 

review and approval. These rules are 

promulgated pursuant to the 

Commission’s rulemaking authority 

contained in sections 2, 3, 4, 4c, 4d, 4f, 

5, and 8(a)(5) of the Act, 7 U.S.C. 2, 5, 

6, 6c, 6d, 6f, 7, and 12(a)(5). 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for the CFTC’s regulations 

were published on December 30, 1981. 

See 46 FR 63035 (Dec. 30, 1981). The 

Federal Register notice with a 60-day 

comment period soliciting comments on 

this collection of information was 

published on November 12, 2008 (73 FR 

66846). 

Burden statement: The respondent 

burden for this collection is estimated to 

average .10 hours per response. 

Respondents/Affected Entities: 413. 

Estimated number of responses: 

20,376. 

Estimated total annual burden on 

respondents: 7,885 hours. 

Frequency of collection: On occasion. 

Send comments regarding the burden 

estimated or any other aspect of the 

information collection, including 

suggestions for reducing the burden, to 

the addresses listed below. Please refer 

to OMB Control No. 3038–0007 in any 

correspondence. 

William Penner, Division of Clearing 

and Intermediary Oversight, Commodity 

Futures Trading Commission, 1155 21st 

Street, NW., Washington, DC 20581, and 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Attention: Desk Officer for 

CFTC, 725 17th Street, Washington, DC 

20503. 

Dated: January 12, 2009. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. E9–1146 Filed 1–16–09; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Notice of Intent To Grant Partially 

Exclusive Patent License; DRS 

Technologies, Inc. 

AGENCY: Department of the Navy, DoD. 

ACTION: Notice. 

SUMMARY: The Department of the Navy 

herby gives notice of its intent to grant 

to DRS Technologies, Inc., a revocable, 

nonassignable, partially exclusive 

license in the United States to practice 

the Government-Owned invention(s) 

described in U.S. Patent Application 

11/832,065 entitled ‘‘Wireless SelfContained Relay Device’’, file date Aug. 

1, 2007; and U.S. Patent Application 

11/832,103 entitled ‘‘Relay Device 

Deployer System’’ file date Aug. 1, 2007. 

DATES: Anyone wishing to object to the 

grant of this license must file written 

objections along with supporting 

evidence, if any, not later than February 

5, 2009. 

ADDRESSES: Written objections are to be 

filed with the Office of Research and 

Technology Applications, Space and 

Naval Warfare Systems Center, San 

Diego, Code 72120, 53560 Hull St., San 

Diego, CA 92152–5001. 

FOR FURTHER INFORMATION CONTACT: 

Stephen H. Lieberman, PhD, Office of 

Research and Technology Applications, 

Space and Naval Warfare Systems 

Center, San Diego, Code 72120, 53560 

Hull St., San Diego, CA 92152–5001, 

telephone: 619–553–2778, e-Mail: 

stephen.lieberman@navy.mil. 

Authority: 35 U.S.C. 207, 37 CFR Part 404. 

Dated: January 13, 2009. 

A.M. Vallandingham 

Lieutenant Commander, Judge Advocate 

General’s Corps, U.S. Navy, Federal Register 

Liaison Officer. 

[FR Doc. E9–1034 Filed 1–16–09; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Notice of Intent to Grant Partially 

Exclusive Patent License; Gem City 

Engineering Company 

AGENCY: Department of the Navy, DoD. 

ACTION: Notice. 

SUMMARY: The Department of the Navy 

herby gives notice of its intent to grant 

to Gem City Engineering Company, a 

revocable, nonassignable, partially 

exclusive license in the United States to 

practice the Government-Owned 

invention(s) described in U.S. Patent 

Application 11/832,065 entitled 

‘‘Wireless Self-Contained Relay Device’’, 

file date Aug 1, 2007; and U.S. Patent 

Application 11/832,103 entitled ‘‘Relay 

Device Deployer System’’ file date Aug 

1, 2007. 

DATES: Anyone wishing to object to the 

grant of this license must file written 

objections along with supporting 

evidence, if any, not later than February 

5, 2009. 

ADDRESSES: Written objections are to be 

filed with the Office of Research and 

Technology Applications, Space and 

Naval Warfare Systems Center, San 

Diego, Code 72120, 53560 Hull St, San 

Diego, CA 92152–5001. 

FOR FURTHER INFORMATION CONTACT: 

Stephen H. Lieberman, PhD, Office of 

Research and Technology Applications, 

Space and Naval Warfare Systems 

Center, San Diego, Code 72120, 53560 

Hull St, San Diego, CA 92152–5001, 

telephone: 619–553–2778, E-Mail: 

stephen.lieberman@navy.mil. 

Authority: 35 U.S.C. 207, 37 CFR Part 404. 

Dated: January 13, 2009. 

A.M. Vallandingham, 

Lieutenant Commander, Judge Advocate 

General’s Corps, U.S. Navy, Federal Register 

Liaison Officer. 

[FR Doc. E9–1039 Filed 1–16–09; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Notice of Record of Decision for 

Homeporting of Additional Surface 

Ships at Naval Station Mayport, FL 

AGENCY: Department of the Navy, DoD. 

ACTION: Notice. 

SUMMARY: The Department of the Navy 

(DON), after carefully weighing the 

strategic, operational, and 

environmental consequences of the 

proposed action, announces its decision 

to homeport one nuclear-powered 

aircraft carrier (CVN) at Naval Station 

(NAVSTA) Mayport. Today’s decision 

does not relocate a specific CVN to 

NAVSTA Mayport. It does initiate a 

multi-year process for developing 

operational, maintenance, and support 

facilities at NAVSTA Mayport to 

support homeporting of one CVN. 

This multi-year process includes 

implementing projects for dredging and 

dredged material disposal, construction 

of CVN nuclear propulsion plant 

maintenance facilities, wharf 

improvements, transportation 

improvements, and construction of a 

mstockstill on PROD1PC66 with NOTICES