Federal Register / Vol. 73, No. 219 / Wednesday, November 12, 2008 / Notices 66845 

1President’s Memorandum on Improving 

Spectrum Management for the 21st Century, 49 

Weekly Comp. Pres. Doc. 2875 (Nov. 29, 

2004)(Executive Memorandum). 

et seq.) requires the identification and 

description of EFH in FMPs and the 

consideration of actions to ensure the 

conservation and enhancement of such 

habitat. The EFH regulatory guidelines 

(50 CFR 600.815) state that NMFS 

should periodically review and revise 

EFH, as warranted, based on available 

information. 

Draft Amendment 1 considers 

alternatives for revising EFH, 

designating a new Habitat Area of 

Particular Concern (HAPC) for bluefin 

tuna spawning areas in the Gulf of 

Mexico, and analyzes fishing impacts on 

EFH. 

Due to the timing of the South 

Atlantic Fishery Management Council’s 

meeting at the beginning of December, 

NMFS is extending the comment period 

to provide additional opportunity for 

the South Atlantic Fishery Management 

Council, and other interested parties to 

comment on Draft Amendment 1. 

Copies of Draft Amendment 1 to the 

Consolidated HMS FMP are available 

for review (see ADDRESSES). NMFS 

anticipates completing this document 

and any related documents by the 

summer of 2009. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: November 4, 2008. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–26852 Filed 11–10–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

Commerce Spectrum Management 

Advisory Committee Meeting 

AGENCY: National Telecommunications 

and Information Administration (NTIA), 

Department of Commerce (DOC) 

ACTION: Notice of Open Meeting 

SUMMARY: This notice announces a 

public meeting of the Spectrum 

Management Advisory Committee 

(Committee). The Committee provides 

advice to the Assistant Secretary for 

Communications and Information on 

spectrum management matters. 

DATES: The meeting will be held on 

December 4, 2008, from 9:30 a.m. to 

12:30 p.m., Eastern Standard Time. 

ADDRESSES: The meeting will be held at 

the United States Department of 

Commerce, 1401 Constitution Ave. 

N.W., Room 5855 (the Secretary’s 

Conference Room), Washington, DC 

20230. Public comments may be mailed 

to Commerce Spectrum Management 

Advisory Committee, National 

Telecommunications and Information 

Administration, 1401 Constitution 

Avenue N.W., Room 4725, Washington, 

DC 20230 or emailed to 

spectrumadvisory@ntia.doc.gov. 

FOR FURTHER INFORMATION CONTACT: Eric 

Stark, Designated Federal Officer, at 

(202) 482–1880 or estark@ntia.doc.gov; 

Joe Gattuso at (202) 482–0977 or 

jgattuso@ntia.doc.gov; and/or visit 

NTIA’s web site at www.ntia.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background: The Secretary of 

Commerce established the Committee to 

implement a recommendation of the 

President’s Initiative on Spectrum 

Management pursuant to the President’s 

November 29, 2004 Memorandum for 

the Heads of Executive Departments 

andAgencies on the subject of 

‘‘Spectrum Management for the 21st 

Century.’’1 This Committee is subject to 

the Federal Advisory Committee Act 

(FACA), 5 U.S.C. App. 2, and is 

consistent with the National 

Telecommunications and Information 

Administration Act, 47 U.S.C. § 904(b). 

The Committee provides advice to the 

Assistant Secretary of Commerce for 

Communications and Information on 

needed reforms to domestic spectrum 

policies and management to enable the 

introduction of new spectrumdependent technologies and services, 

including long-range spectrum planning 

and policy reforms for expediting the 

American public’s access to broadband 

services, public safety, and digital 

television. The Committee functions 

solely as an advisory body in 

compliance with the FACA. 

Matters to Be Considered: The 

Committee will consider a transition 

report and any remaining reports of its 

Technical Sharing Efficiencies and 

Operational Sharing Efficiencies 

subcommittees. It will provide an 

opportunity for public comment at the 

meeting. 

Time and Date: The meeting will be 

held on December 4, 2008, from 9:30 

a.m. to 12:30 p.m. Eastern Standard 

Time. The times and the agenda topics 

are subject to change. Please refer to 

NTIA’s web site, http://www.ntia 

.doc.gov, for the most up-to-date 

meeting agenda. 

Place: The meeting will be held at the 

United States Department of Commerce, 

1401 Constitution Ave. N.W., Room 

5855 (the Secretary’s Conference Room), 

Washington, DC 20230. The meeting 

will be open to the public and press on 

a first-come, first-served basis. Space is 

limited. The public meeting is 

physically accessible to people with 

disabilities. Individuals requiring 

special services, such as sign language 

interpretation or other ancillary aids, are 

asked to notify Mr. Gattuso, at (202) 

482–0977 or jgattuso@ntia.doc.gov, at 

least five (5) business days before the 

meeting. 

Status: Interested parties are invited 

to attend and to submit written 

comments with the Committee at any 

time before or after a meeting. Parties 

wishing to submit written comments for 

consideration by the Committee in 

advance of this meeting should send 

them to the above-listed address and 

must be received by close of business on 

December 1, 2008, to provide sufficient 

time for review. Comments received 

after December 1, 2008, will be 

distributed to the Committee but may 

not be reviewed prior to the meeting. It 

would be helpful if paper submissions 

also include a three and one-half inch 

computer diskette in HTML, ASCII, 

Word or WordPerfect format (please 

specify version). Diskettes should be 

labeled with the name and 

organizational affiliation of the filer, and 

the name of the word processing 

program used to create the document. 

Alternatively, comments may be 

submitted electronically to 

spectrumadvisory@ntia.doc.gov. 

Comments provided via electronic mail 

may also be submitted in one or more 

of the formats specified above. 

Records: NTIA maintains records of 

all Committee proceedings. Committee 

records are available for public 

inspection at NTIA’s office at the 

address above. Documents including the 

Committee’s charter, membership list, 

agendas, minutes, and any reports are 

available on NTIA’s Committee web 

page at http://www.ntia.doc.gov/ 

advisory/spectrum. 

Dated: November 6, 2008. 

Kathy D. Smith, 

Chief Counsel, National Telecommunications 

and Information Administration. 

[FR Doc. E8–26871 Filed 11–10–08; 8:45 am] 

BILLING CODE 3510–60–S 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities: Rules Relating to Regulation 

of Domestic Exchange-Traded Options 

AGENCY: Commodity Futures Trading 

Commission. 

mstockstill on PROD1PC66 with NOTICES

66846 Federal Register / Vol. 73, No. 219 / Wednesday, November 12, 2008 / Notices 

ACTION: Extension of an Existing 

Collection. 

SUMMARY: The Commodity Futures 

Trading Commission (CFTC) is 

announcing an opportunity for public 

comment on the proposed collection of 

certain information by the agency. 

Under the Paperwork Reduction Act of 

1995 (PRA), 44 U.S.C. 3501 et seq., 

Federal agencies are required to publish 

notice in the Federal Register 

concerning each proposed collection of 

information, including each proposed 

extension of an existing collection of 

information, and to allow 60 days for 

public comment in response to the 

notice. This notice solicits comments on 

rules related to risk disclosure 

concerning exchange-traded commodity 

options. 

DATES: Comments must be submitted on 

or before January 12, 2009. 

ADDRESSES: Comments may be mailed to 

William Penner, Division of Clearing 

and Intermediary Oversight, U.S. 

Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington, DC 20581. 

FOR FURTHER INFORMATION CONTACT: 

William Penner, (202) 418–5407; Fax: 

(202) 418–5536; e-mail: 

wpenner@cftc.gov. 

SUPPLEMENTARY INFORMATION: Under the 

PRA, Federal agencies must obtain 

approval from the Office of Management 

and Budget (OMB) for each collection of 

information they conduct or sponsor. 

‘‘Collection of information’’ is defined 

in 44 U.S.C. 3502(3) and 5 CFR 

1320.3(c) and includes agency requests 

or requirements that members of the 

public submit reports, keep records, or 

provide information to a third party. 

Section 3506(c)(2)(A) of the PRA, 44 

U.S.C. 3506(c)(2)(A), requires Federal 

agencies to provide a 60-day notice in 

the Federal Register concerning each 

proposed collection of information, 

including each proposed extension of an 

existing collection of information, 

before submitting the collection to OMB 

for approval. To comply with this 

requirement, the CFTC is publishing 

notice of the proposed collection of 

information listed below. 

With respect to the following 

collection of information, the CFTC 

invites comments on: 

• 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; 

• 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; 

• Ways to enhance the quality, 

usefulness, and clarity of the 

information to be collected; and 

• Ways to minimize the burden of 

collection of 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 of responses. 

Rules Relating to Regulation of 

Domestic Exchange-Traded Options, 

OMB Control Number 3038–0007— 

Extension 

The rules require futures commission 

merchants and introducing brokers: (1) 

To provide their customers with 

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. 

This information collection contains the 

recordkeeping and reporting 

requirements needed to ensure 

regulatory compliance with Commission 

rules relating to this issue. 

The Commission estimates the burden 

of this collection of information as 

follows: 

ESTIMATED ANNUAL REPORTING BURDEN

Regulation 

Estimated 

number of respondents or 

recordkeepers 

per year 

Reports 

annually by 

each 

respondent 

Total annual 

responses 

Estimated 

average number of hours 

per response 

Estimated total 

number of 

hours of 

annual burden 

in fiscal year 

Reporting: 

38.3, 38.4, 40.2 and 40.3 (Procedure for designation or self-certification) ...................................... 13.00 2.00 26.00 25.00 650.00 

33.7—(Risk disclosure) ......................................... 175.00 115.00 20,125.00 0.08 1,610.00 

Subtotal (reporting requirements) ........... 188.00 ........................ 20,151.00 ........................ 2,260.00 

Recordkeeping: 

33.8—(Retention of promotional material) ............ 225.00 1.00 225.00 25.00 5,625.00 

Subtotal (recordkeeping requirements) ... ........................ ........................ ........................ ........................ ........................

Grand total (reporting and recordkeeping) ........................... 413.00 ........................ 20,376.00 ........................ 7,785.00 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 219 / Wednesday, November 12, 2008 / Notices 66847 

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

2 7 U.S.C. 6(c). 

3 7 U.S.C. 7a–1. 

4 15 U.S.C. 78q–1. 

5 7 U.S.C. 7a–2(c), 17 CFR 39.4(a), 40.5. 

6See Section 5 of the CEA, 7 U.S.C. 7. 

7 15 U.S.C. 78o–3(k). 

8See SR–OCC–2008–13 and SR–OCC–2008–14. 

OCC has also filed these proposed rule changes 

with the Securities and Exchange Commission 

(‘‘SEC’’). 

9Section 4(c)(1) of the CEA, 7 U.S.C. 6(c)(1), 

provides in full that: In order to promote 

responsible economic or financial innovation and 

fair competition, the Commission by rule, 

regulation, or order, after notice and opportunity for 

hearing, may (on its own initiative or on application 

of any person, including any board of trade 

designated or registered as a contract market or 

derivatives transaction execution facility for 

transactions for future delivery in any commodity 

under section 7 of this title) exempt any agreement, 

contract, or transaction (or class thereof) that is 

otherwise subject to subsection (a) of this section 

(including any person or class of persons offering, 

entering into, rendering advice or rendering other 

services with respect to, the agreement, contract, or 

transaction), either unconditionally or on stated 

terms or conditions or for stated periods and either 

retroactively or prospectively, or both, from any of 

the requirements of subsection (a) of this section, 

or from any other provision of this chapter (except 

subparagraphs (c)(ii) and (D) of section 2(a)(1) of 

this title, except that the Commission and the 

Securities and Exchange Commission may by rule, 

regulation, or order jointly exclude any agreement, 

contract, or transaction from section 2(a)(1)(D) of 

this title), if the Commission determines that the 

exemption would be consistent with the public 

interest. 

10HOUSE CONF. REPORT NO. 102–978, 1992 

U.S.C.C.A.N. 3179, 3213 (‘‘4(c) Conf. Report’’). 

There are no capital costs or operating 

and maintenance costs associated with 

this collection. 

Dated: November 5, 2008. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. E8–26834 Filed 11–10–08; 8:45 am] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Proposal To Exempt, Pursuant to the 

Authority in Section 4(c) of the 

Commodity Exchange Act, the Trading 

and Clearing of Certain Products 

Related to iShares COMEX Gold 

Trust Shares and iShares Silver Trust 

Shares 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of proposed order and 

request for comment. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘CFTC’’ or the 

‘‘Commission’’) is proposing to exempt 

the trading and clearing of certain 

contracts called ‘‘options’’ and other 

contracts called ‘‘security futures’’ on 

each of iShares COMEX Gold Trust 

Shares (‘‘Gold Products’’) and iShares 

Silver Trust Shares (‘‘Silver Products’’) 

(collectively, ‘‘Gold and Silver 

Products’’), proposed to be traded on 

national securities exchanges (as to 

options) and designated contract 

markets registered with the Securities 

and Exchange Commission (‘‘SEC’’) as 

limited purpose national securities 

associations (as to security futures), and 

in either case cleared through the 

Options Clearing Corporation (‘‘OCC’’) 

in its capacity as a registered securities 

clearing agency, from the provisions of 

the Commodity Exchange Act (‘‘CEA’’) 1

and the regulations thereunder, to the 

extent necessary to permit them to be so 

traded and cleared. Authority for this 

exemption is found in Section 4(c) of 

the CEA.2

DATES: Comments must be received on 

or before November 19, 2008. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

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

‘‘Options and Security Futures on Gold 

and Silver Products’’ 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: 

Robert B. Wasserman, Associate 

Director, 202–418–5092, 

rwasserman@cftc.gov, Division of 

Clearing and Intermediary Oversight, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1151 21st Street, NW., Washington, DC 

20581. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The OCC is both a Derivatives 

Clearing Organization (‘‘DCO’’) 

registered pursuant to Section 5b of the 

CEA,3 and a securities clearing agency 

registered pursuant to Section 17A of 

the Securities Exchange Act of 1934 

(‘‘the ’34 Act’’).4

OCC has filed with the CFTC, 

pursuant to Section 5c(c) of the CEA 

and Commission Regulations 39.4(a) 

and 40.5 thereunder,5 requests for 

approval of rules and rule amendments 

that would enable OCC (1) to clear and 

settle contracts called ‘‘options’’ 

(‘‘Options’’) on Gold and Silver 

Products traded on national securities 

exchanges, in its capacity as a registered 

securities clearing agency (and not in its 

capacity as a DCO) and (2) to clear and 

settle contracts called ‘‘security futures’’ 

(‘‘Security Futures’’) on Gold and Silver 

Products traded on designated contract 

markets 6 registered with the SEC as 

limited purpose national securities 

associations pursuant to Section 15A(k) 

of the ’34 Act 7 (‘‘DCMs’’) as security 

futures subject to the CEA and CFTC 

regulations thereunder governing 

security futures, in either case in OCC’s 

capacity as a registered securities 

clearing agency (and not in its capacity 

as a DCO).8 Section 5c(c)(3) provides 

that the CFTC must approve such rules 

and rule amendments submitted for 

approval unless it finds that the rules or 

rule amendments would violate the 

CEA. 

The request for approval concerning 

the Options and Security Futures on 

Gold and Silver Products was filed 

effective July 23, 2008. By letter dated 

August 20, 2008, the Director of the 

Division of Clearing and Intermediary 

Oversight, pursuant to delegated 

authority, extended the review period of 

the request until October 21, 2008 due 

to the novel and complex issues raised 

by the products that are the subject of 

the request. By letter dated October 16, 

2008, OCC consented to an extension of 

the review period until November 20, 

2008. 

II. Section 4(c) of the Commodity 

Exchange Act 

Section 4(c)(1) of the CEA empowers 

the CFTC to ‘‘promote responsible 

economic or financial innovation and 

fair competition’’ by exempting any 

transaction or class of transactions from 

any of the provisions of the CEA 

(subject to exceptions not relevant here) 

where the Commission determines that 

the exemption would be consistent with 

the public interest.9 The Commission 

may grant such an exemption by rule, 

regulation or order, after notice and 

opportunity for hearing, and may do so 

on application of any person or on its 

own initiative. 

In enacting Section 4(c), Congress 

noted that the goal of the provision ‘‘is 

to give the Commission a means of 

providing certainty and stability to 

existing and emerging markets so that 

financial innovation and market 

development can proceed in an effective 

and competitive manner.’’ 10 Permitting 

Options and Security Futures on Gold 

and Silver Products to trade on national 

securities exchanges (as to Options) and 

DCMs (as to Security Futures) and in 

mstockstill on PROD1PC66 with NOTICES