28028 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 

Deletions 

On 3/27 and 4/10/2009, the 

Committee for Purchase From People 

Who Are Blind or Severely Disabled 

published notices (74 FR 58, pgs. 

13413–13414 and 74 FR 68, pgs. 16367– 

16369, respectively) of proposed 

deletions from the Procurement List. 

After consideration of the relevant 

matter presented, the Committee has 

determined that the products and 

services listed below are no longer 

suitable for procurement by the Federal 

Government under 41 U.S.C. 46–48c 

and 41 CFR 51–2.4. 

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. The action will not result in 

additional reporting, recordkeeping or 

other compliance requirements for small 

entities. 

2. The action may 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 deleted from the Procurement 

List. 

End of Certification 

Accordingly, the following products 

and services are deleted from the 

Procurement List: 

Products 

PCU, Level 1 Boxer 

NSN: 8420–01–542–5494—Size S; 

NSN: 8420–01–542–5495—Size M; 

NSN: 8420–01–542–5496—Size L; 

NSN: 8420–01–542–5497—Size LL; 

NSN: 8420–01–542–5499—Size XL; 

NSN: 8420–01–542–5500—Size XLL; 

NSN: 8420–01–542–5491—Size XS; 

NSN: 8420–01–543–7068—Size ML; 

NSN: 8420–01–542–5478—Size XXL; 

NSN: 8420–01–542–5490—Size XXLL; 

NSN: 8420–01–542–5485—Size XXXL; 

NSN: 8420–01–542–5488—Size XXXLL. 

NPA: Southeastern Kentucky Rehabilitation 

Industries, Inc., Corbin, KY. 

Contracting Activity: XR W2DF RDECOM 

ACQ CTR NATICK, Natick, MA & 

Washington, DC. 

Services 

Service Type/Location: Custodial Services: 

VA Primary Care Center, North Pinellas 

Park, St. Petersburg, Marion City, Naples 

& Sarasota, Multiple Locations, FL. 

NPA: Abilities, Inc. of Florida, Clearwater, 

FL. 

Contracting Activity: Department Of Veterans 

Affairs, St. Petersburg, FL. 

Service Type/Location: Shelf Stocking, 

Custodial & Warehousing: Key West 

Naval Air Station, Key West, FL. 

NPA: Unknown (No Providing Agency). 

Contracting Activity: Defense Commissary 

Agency (DECA). 

Lou Bartalot, 

Director, Compliance. 

[FR Doc. E9–13886 Filed 6–11–09; 8:45 am] 

BILLING CODE 6353–01–P 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

Procurement List; Proposed Addition 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Proposed addition to the 

procurement list. 

SUMMARY: The Committee is proposing 

to add to the Procurement List a service 

to be furnished by the nonprofit agency 

employing persons who are blind or 

have other severe disabilities. 

DATES: Comments Must be Received on 

or Before: 7/13/2009. 

ADDRESSES: Committee for Purchase 

From People Who Are Blind or Severely 

Disabled, Jefferson Plaza 2, Suite 10800, 

1421 Jefferson Davis Highway, 

Arlington, Virginia, 22202–3259. 

FOR FURTHER INFORMATION OR TO SUBMIT

COMMENTS CONTACT: Barry S. Lineback, 

Telephone: (703) 603–7740, Fax: (703) 

603–0655, or e-mail 

CMTEFedReg@AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: This 

notice is published pursuant to 41 U.S.C 

47(a) (2) and 41 CFR 51–2.3. Its purpose 

is to provide interested persons an 

opportunity to submit comments on the 

proposed actions. 

Additions 

If the Committee approves the 

proposed addition, the entities of the 

Federal Government identified in this 

notice for each service will be required 

to procure the service listed below from 

nonprofit agency 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 service to the Government. 

2. If approved, the action will result 

in authorizing small entities to furnish 

the service 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 service 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 service is proposed for 

addition to Procurement List for 

production by the nonprofit agency 

listed: 

Services 

Service Type/Locations: Consolidated Base 

Operation Support (BOS). 

Naval & Marine Corps Reserve Center, 1600 

Lafayette Ave., Moundsville, WV; 

Naval Reserve Center, 1200 Navy Way 

Road Avoca, PA; 

Naval & Marine Corps Reserve Center, 3938 

Old French Road Erie, PA; 

Naval & Marine Corps Reserve Center 

Lehigh Valley, PA, 1400 Postal Drive, 

Allentown, PA; 

Naval & Marine Corps Reserve Center, 261 

Industrial Park Road Ebensburg, PA; 

Naval & Marine Corps Reserve Center 

Pittsburgh, PA, 625 East Pittsburgh 

McKeesport Blvd., North Versailles, PA; 

Marine Corps Reserve Center, 615 Kenhorst 

Boulevard Reading, PA; 

Naval & Marine Corps Reserve Center, 3920 

Kirkwood Highway Wilmington, DE. 

NPA: Human Technologies Corporation, 

Utica, NY. 

Contracting Activity: Dept of the Navy, U.S. 

Fleet Forces Command, Norfolk, VA. 

Barry S. Lineback, 

Director, Business Operations. 

[FR Doc. E9–13802 Filed 6–11–09; 8:45 am] 

BILLING CODE 6353–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Notice of Intent, Pursuant to the 

Authority in Section 2(h)(7) of the 

Commodity Exchange Act and 

Commission Rule 36.3(c)(3), To 

Undertake a Determination Whether 

the Henry Financial LD1 Fixed Price 

Contract Traded on the 

IntercontinentalExchange, Inc., 

Performs a Significant Price Discovery 

Function 

AGENCY: Commodity Futures Trading 

Commission. 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 28029 

1 74 FR 12178 (Mar. 23, 2009); these rules became 

effective on April 22, 2009. 

2The Commission may commence this process on 

its own initiative or on the basis of information 

provided to it by an ECM pursuant to the 

notification provisions of Commission rule 

36.3(c)(2). 

3 7 U.S.C. 2(h)(7)(C). 

4The NYMEX is a designated contract market that 

offers futures and option contracts on a wide range 

of energy products, including crude oil, refined 

petroleum products, and natural gas. 

ACTION: Notice of action and request for 

comment. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘CFTC’’ or 

‘‘Commission’’) is undertaking a review 

to determine whether the Henry 

Financial LD1 Fixed Price contract 

traded on the IntercontinentalExchange, 

Inc. (ICE), an exempt commercial 

market (‘‘ECM’’) under sections 2(h)(3)– 

(5) of the Commodity Exchange Act 

(‘‘CEA’’ or the ‘‘Act’’), performs a 

significant price discovery function. The 

Commission is undertaking this review 

based upon its evaluation of information 

provided by the ICE, as well as a 

Commission report on ECMs. Authority 

for this action is found in section 2(h)(7) 

of the CEA and Commission rule 36.3(c) 

promulgated thereunder. In connection 

with this evaluation, the Commission 

invites comment from interested parties. 

DATES: Comments must be received on 

or before July 13, 2009. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

• Follow the instructions for 

submitting comments. Federal 

eRulemaking Portal: http:// 

www.regulations.gov. 

• E-mail: secretary@cftc.gov. Include 

ICE Henry Financial LD1 Fixed Price 

Contract in the subject line of the 

message. 

• Fax: (202) 418–5521. 

• Mail: Send to David A. Stawick, 

Secretary, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. 

• Courier: Same as mail above. 

All comments received will be posted 

without change to http:// 

www.CFTC.gov/. 

FOR FURTHER INFORMATION CONTACT: 

Gregory K. Price, Industry Economist, 

Division of Market Oversight, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. Telephone: (202) 418–5515. Email: gprice@cftc.gov; or Susan Nathan, 

Senior Special Counsel, Division of 

Market Oversight, same address. 

Telephone: (202) 418–5133. E-mail: 

snathan@cftc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

On March 16, 2009, the CFTC 

promulgated final rules implementing 

provisions of the CFTC Reauthorization 

Act of 2008 (‘‘Reauthorization Act’’) 1

which subjects ECMs with significant 

price discovery contracts (‘‘SPDCs’’) to 

self-regulatory and reporting 

requirements, as well as certain 

Commission oversight authorities, with 

respect to those contracts. Among other 

things, these rules and rule amendments 

revise the information-submission 

requirements applicable to ECMs, 

establish procedures and standards by 

which the Commission will determine 

whether an ECM contract performs a 

significant price discovery function, and 

provide guidance with respect to 

compliance with nine statutory core 

principles applicable to ECMs with 

SPDCs. These rules became effective on 

April 22, 2009. 

In determining whether an ECM’s 

contract is or is not a SPDC, the 

Commission will consider the contract’s 

material liquidity, price linkage to other 

contracts, potential for arbitrage with 

other contracts traded on designated 

contract markets or derivatives 

transaction execution facilities, use of 

the ECM contract’s prices to execute or 

settle other transactions, and other 

factors. 

In order to facilitate the Commission’s 

identification of possible SPDCs, 

Commission rule 36.3(c)(2) requires that 

an ECM operating in reliance on section 

2(h)(3) promptly notify the Commission 

and provide supporting information or 

data concerning any contract: (i) That 

averaged five trades per day or more 

over the most recent calendar quarter; 

and (ii) (A) for which the ECM sells 

price information regarding the contract 

to market participants or industry 

publications; or (B) whose daily closing 

or settlement prices on 95 percent or 

more of the days in the most recent 

quarter were within 2.5 percent of the 

contemporaneously determined closing, 

settlement or other daily price of 

another agreement. 

II. Determination of a SPDC 

A. The SPDC Determination Process 

Commission rule 36.3(c)(3) 

establishes the procedures by which the 

Commission makes and announces its 

determination on whether a specific 

ECM contract serves a significant price 

discovery function. Under those 

procedures, the Commission will 

publish a notice in the Federal Register 

that it intends to undertake a 

determination as to whether the 

specified agreement, contract, or 

transaction performs a significant price 

discovery function and to receive 

written data, views, and arguments 

relevant to its determination from the 

ECM and other interested persons.2

After prompt consideration of all 

relevant information, the Commission 

will, within a reasonable period of time 

after the close of the comment period, 

issue an order explaining its 

determination. Following the issuance 

of an order by the Commission that the 

ECM executes or trades an agreement, 

contract, or transaction that performs a 

significant price discovery function, the 

ECM must demonstrate, with respect to 

that agreement, contract, or transaction, 

compliance with the core principles 

under section 2(h)(7)(C) of the CEA 3

and the applicable provisions of part 36. 

If the Commission’s order represents the 

first time it has determined that one of 

the ECM’s contracts performs a 

significant price discovery function, the 

ECM must submit a written 

demonstration of its compliance with 

the core principles within 90 calendar 

days of the date of the Commission’s 

order. For each subsequent 

determination by the Commission that 

the ECM has an additional SPDC, the 

ECM must submit a written 

demonstration of its compliance with 

the core principles within 30 calendar 

days of the Commission’s order. 

B. ICE’s Henry Financial LD1 Fixed 

Price Contract 

The ICE Henry Financial LD1 Fixed 

Price contract is cash settled based on 

the final settlement price of the New 

York Mercantile Exchange’s (NYMEX’s) 

physically-delivered Henry Hub-based 

Natural Gas futures contract for the 

corresponding contract month. 4 The 

trading unit of the ICE Henry Financial 

LD1 Fixed Price contract is 2,500 

mmBtu multiplied by the number of 

calendar days in the contract month. For 

example, if a contract month has 30 

days, the trading unit is 75,000 mmBtu, 

which is referred to as 30 lots. 

Based upon a required quarterly 

notification filed on April 30, 2009 

(mandatory under Rule 36.3(c)(2)), the 

subject contract realized more than an 

average of five trades per day during the 

first quarter of 2009. In addition, the 

average volume of natural gas traded 

each business day over that period was 

449,010 contracts, and the open interest 

in the contract as of March 31, 2009, 

was 2,932,798 contracts. 

28030 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Notices 

5http://www.cftc.gov/stellent/groups/public/ 

@newsroom/documents/file/pr5403- 

07_ecmreport.pdf.) 

6ECM Study at 11. 

7 44 U.S.C. 3507(d). 

8 7 U.S.C.19(a). 

9 5 U.S.C. 601 et seq. 

10 66 FR 42256, 42268 (Aug. 10, 2001). 

It appears that the ICE Henry 

Financial LD1 Fixed Price contract may 

satisfy the material liquidity, price 

linkage, and arbitrage criteria for SPDC 

determination. With regard to material 

liquidity, the high average daily trading 

volume indicates that the subject 

contract is relatively liquid. With 

respect to the price linkage and arbitrage 

tests, it is noted above that the ICE 

Henry Financial LD1 Fixed Price 

contract and the NYMEX’s physicallydelivered Natural Gas futures contract 

have the same final settlement prices. 

Moreover, ICE uses the NYMEX’s 

forward settlement curve when 

conducting its mark-to-market 

accounting procedures to settle the 

subject contract on daily basis. An 

October 2007 CFTC publication entitled 

Report on the Oversight of Trading on 

Regulated Futures Exchanges and 

Exempt Commercial Markets (‘‘ECM 

Study’’) stated that traders and voice 

brokers view the subject ICE contract as 

economically equivalent to the NYMEX 

physically-delivered Natural Gas futures 

contract. 5 The ICE and NYMEX 

contracts essentially comprise a single 

market for natural gas derivatives 

trading, and traders look to both the ICE 

and to the NYMEX when determining 

where to execute a trade at the best 

price. The ECM Study also stated that 

the ICE natural gas contract acts as price 

discovery market. To this end, the ECM 

Study referenced an analysis 6 of 

whether the NYMEX, ICE, or both 

facilities exhibit price leadership with 

respect to their natural gas contracts. If 

a particular exchange’s prices lead those 

on another exchange, then the former 

exchange’s contract is thought of as a 

price discovery market. In 2006, the 

ICE’s natural gas contract exhibited 

price leadership on 20 percent of the 

contract days; the NYMEX’s physicallydelivered natural gas contract, on the 

other hand, exhibited price leadership 

on 63 percent of the contract days. 

Based on these factors, the ECM Study 

concluded that the ICE and the NYMEX 

contracts are both price discovery 

venues for natural gas trading. 

III. Request for Comment 

In evaluating whether an ECM’s 

agreement, contract, or transaction 

performs a significant price discovery 

function, section 2(h)(7) of the CEA 

directs the Commission to consider, as 

appropriate, four specific criteria: Price 

linkage, arbitrage, material price 

reference, and material liquidity. As it 

explained in Appendix A to the part 36 

rules, the Commission, in making SPDC 

determinations, will apply and weigh 

each factor, as appropriate, to the 

specific contract and circumstances 

under consideration. In addition, as part 

of its evaluation, the Commission will 

consider the written data, views, and 

arguments from the ECM that lists the 

potential SPDC and from any other 

interested parties. 

The Commission requests comment 

on whether the ICE’s Henry Financial 

LD1 Fixed Price contract performs a 

significant price discovery function. 

Commenters’ attention is directed 

particularly to Appendix A of the 

Commission’s part 36 rules for a 

detailed discussion of the factors 

relevant to SPDC determination. The 

Commission notes that comments which 

analyze the contract in terms of these 

factors will be especially helpful to the 

determination process. In order to 

determine the relevance of comments 

received, the Commission requests that 

commenters explain in what capacity 

are they knowledgeable about the Henry 

Financial LD1 Fixed Price contract. 

IV. Related Matters 

A. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(‘‘PRA’’) 7 imposes certain requirements 

on Federal agencies, including the 

Commission, in connection with their 

conducting or sponsoring any collection 

of information, as defined by the PRA. 

Certain provisions of final Commission 

rule 36.3 impose new regulatory and 

reporting requirements on ECMs, 

resulting in information collection 

requirements within the meaning of the 

PRA; OMB previously has approved and 

assigned OMB control number 3038– 

0060 to this collection of information. 

B. Cost-Benefit Analysis 

Section 15(a) of the CEA 8 requires the 

Commission to consider the costs and 

benefits of its actions before issuing an 

order under the Act. By its terms, 

section 15(a) does not require the 

Commission to quantify the costs and 

benefits of an order or to determine 

whether the benefits of the order 

outweigh its costs; rather, it requires 

that the Commission ‘‘consider’’ the 

costs and benefits of its action. Section 

15(a) further specifies that the costs and 

benefits shall be evaluated in light of 

five broad areas of market and public 

concern: (1) Protection of market 

participants and the public; (2) 

efficiency, competitiveness, and 

financial integrity of futures markets; (3) 

price discovery; (4) sound risk 

management practices; and (5) other 

public interest considerations. 

The bulk of the costs imposed by the 

requirements of Commission Rule 36.3 

relate to significant and increased 

information-submission and reporting 

requirements adopted in response to the 

Reauthorization Act’s directive that the 

Commission take an active role in 

determining whether contracts listed by 

ECMs qualify as SPDCs. The enhanced 

requirements for ECMs will permit the 

Commission to acquire the information 

it needs to discharge its newly 

mandated responsibilities and to ensure 

that ECMs with SPDCs are identified as 

entities with the elevated status of 

registered entity under the CEA and are 

in compliance with the statutory terms 

of the core principles of section 

2(h)(7)(C) of the Act. The primary 

benefit to the public is to enable the 

Commission to discharge its statutory 

obligation to monitor for the presence of 

SPDCs and extend its oversight to the 

trading of SPDCs. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’) 9 requires that agencies 

consider the impact of their rules on 

small businesses. The requirements of 

part 36 affect exempt commercial 

markets. The Commission previously 

has determined that exempt commercial 

markets are not small entities for 

purposes of the RFA.10 Accordingly, the 

Chairman, on behalf of the Commission, 

hereby certifies pursuant to 5 U.S.C. 

605(b) that this Order, taken in 

connection with the part 36 rules, will 

not have a significant economic impact 

on a substantial number of small 

entities. 

Issued in Washington, DC on June 9, 2009 

by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. E9–13871 Filed 6–11–09; 8:45 am] 

BILLING CODE 6351–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0019] 

Mattel, Inc. and Fisher-Price, Inc., 

Provisional Acceptance of a 

Settlement Agreement and Order 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice.